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Economic Development Packet 2008 05-01-08 ciT o United City of Yorkville "' 800 Game Farm Road ESL , 4 8� 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 � n `gyp Fax: 630-553-7575 <LE AGENDA ECONOMIC DEVELOPMENT COMMITTEE MEETING Thursday, May 1, 2008 7:00 PM City Hall Conference Room Presentation: Minutes for Correction/Approval: New Business: 1. EDC 2008-16 Monthly Building Permit Report for March 2008 2. PC 2007-39 Hattner Trust — Annexation and Zoning Request 3. PC 2007-42 Jake Land Group (The Shoppes South of the Fox / Windmill Farms) — Annexation, Zoning and Concept PUD Request 4. EDC 2008-17 Lincoln Prairie— Zoning Ordinance Old Business: 1. PC 2008-04 Yorkville Town Center (Raycorp) — PUD Amendment & Rezoning Request 2. EDC 2007-38 Sign Ordinance Update 3. EDC 2008-06 Millbrook Boundary Agreement — Discussion Additional Business: UNITED CITY OF YORKVILLE WORKSHEET ECONOMIC DEVELOPMENT COMMITTEE Thursday, May 1, 2008 7 :00 PM CITY HALL CONFERENCE ROOM --------------------------------------------------------------------------------------------------------------------------------------- NEW BUSINESS: ----................--------------------------------------------------------------------..............-..................-------------- I . EDC 2008-16 Monthly Building Permit Report for March 2008 ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes -------................------------------------..........----------------------------------------------------------------------- ------- 2. PC 2007-39 Hattner Trust — Annexation and Zoning Request ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . PC 200742 Jake Land Group (The Shoppes South of the Fox / Windmill Farms) — Annexation, Zoning and Concept PUD Request ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes ......................-------------------------------------..............-------------------------------------------------------------- 4. EDC 2008-17 Lincoln Prairie — Zoning Request ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- OLD BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- 1 . PC 2008-04 Yorkville Town Center (Raycorp) — PUD Amendment & Rezoning Request ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 2. EDC 2007-38 Sign Ordinance Update ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- 3 . EDC 2008-06 Millbrook Boundary Agreement — Discussion ❑ Moved forward to CC consent agenda? Y N ❑ Approved by Committee ❑ Bring back to Committee ❑ Informational Item ❑ Notes --------------------------------------------------------------------------------------------------------------------------------------- ADDITIONAL BUSINESS: --------------------------------------------------------------------------------------------------------------------------------------- BUILDING PERMIT REPORT United City of Yorkville Department of Building Safety and Zoning March 2008 Types of Permits 2-Family Commercial Number of Permits Issued SFD (819,1.&82005, Multiple-Family (Bl9w.ilg 2006,Category iadad. Industrial Miscellaneous* Total Construction Cost 2Per,,,8e=ISancar) Bal(Joms) March 2008 71 6 2 0 7 0 56 $3,369,830.00 Calendar Year 2008 156 23 2 0 15 0 116 $10,262,622.00 Fiscal Year 2007 1047 278 10 6 64 0 689 $95,633,711.00 March 2007 123 58 2 0 4 0 59 $28,239,044.00 Calendar Year 2007 238 103 4 0 14 0 117 $43,541,675.00 Fiscal Year 2006 1269 535 42 7 40 0 645 5152,178,222.00 March 2006 162 107 2 0 5 0 48 $16,173,506.00 Calendar Year 2006 375 221 18 3 12 0 121 $44,017,677.00 Fiscal Year 2005 1406 667 24 9 34 0 672 $141,463,066.00 March 2005 111 56 5 0 4 0 41 $13,220,330.00 Calendar Year 20051 212 96 5 0 10 0 96 $25,000,211.00 Fiscal Year 2004 984 436 5 0 28 1 511 $105,212,771.00 i March 2004 69 32 3 0 0 0 33 $6,531,355.00 Calendar Year 20042 160 78 3 0 3 0 75 $16,759,634.00 Fiscal Year 2003 839 342 15 7 29 0 445 $85,308,961.00 Emp 012 wasvoid ed,thusonly212 of 213 assignedperndtnumbers wereactua0y used. 97and F-04-098 were issuedfor each side ofa duplex,only I structure was built aus includes additions,remodelling,garages,sheds,swimming pools,decks,fae alarm/sprinkler plan reviews,municipal projects,etc C-7 Report prepared by: Barbara J.Detlmer,MCP,Department of Building Safety and Zoning pJ _ to'00 Cl Reviewed By: Agenda Item Number 2 0 a *n Legal ❑ New Business #2 EST 7836 Finance ❑ Engineer ❑ Tracking Number 0 111 r1 W City Administrator ❑ Consultant ❑ PC 2007-39 <CE ®®� ❑ Agenda Item Summary Memo Title: Hattner Trust #1 — Annexation and Zoning Request Meeting and Date: EDC 5/1/08 Synopsis: Request for Pre-Annexation/PUD Agreement and Zoning. Council Action Previously Taken: Date of Action: 2/13/08 Action Taken: Plan Commission Public Hearing 3/25/08 City Council Public Hearing Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached report. Cl; b �® 4 Memorandum To: EDC ESL _ 1836 From: Travis Miller/Stephanie Boettcher CC: Lisa Pickering (for distribution) 0 76 p Date: April 24, 2008 {"E`%may®� Subject: PC2007-39 Hattner Trust #1 (Annexation & Concept PUD) Plan Commission Recommendation The Plan Commission conducted a public hearing and reviewed the annexation and zoning request February 13, 2008 and made the following actions: - Motion to recommend annexation upon contiguity, subject to addressing staff comments in the annexation agreement. 6 ayes; 0 no - Motion to recommend PUD zoning classification subject to staff comments. 6 ayes; 0 no Comprehensive Plan Requirement for the Property The 2005 Comprehensive Plan Update, Southern Study Area, proposes two land uses for the subject property, Suburban Neighborhood and Park/Open Space along the Aux Sable Creek. The Comprehensive Plan, for Suburban Neighborhood, states: "Suburban Neighborhood is intended to be a residential area primarily comprised of single- family detached residences.. .gross density in this classification should be between 1.50 and 2. 25 dwelling units per acre. Developments requesting densities above 2. 0 dwelling units per acre shall illustrate compliance with the Design Guidelines of this Comprehensive Land Use Plan Update. In addition ... the developer must also demonstrate their ability to add specific improvements such as: assist with finding offsite City infrastructure improvements, integration of architectural standards that exceed the City 's current standards, landscaping, and increased allocation of open space beyond City requirement. " Conceptual Development Plan A • Proposed land uses are not consistent with the Comprehensive Plan. The Conceptual Development Plan A calls for 14 acres of commercial running the length of Route 47 with 14 acres of townhomes buffering the 51 .87 acres of single family from the commercial. • The single family area has a density of 1 .79 dwelling units per acre, while the townhome area has a density of 5.0 dwelling units per acre. The combined gross density for the residential areas is 2.52 units per acre which exceeds the intended density of the Suburban Neighborhood Land Use. Conceptual Development Plan B • Proposed land uses are not consistent with the Comprehensive Plan. The Conceptual Development Plan B calls for 19 acres of commercial running the length of Route 47, 8.97 acres of office east of the commercial, 9.94 acres of 15,000 sqft single family lots, and 40.99 acres of 12,000 sqft single family lots. • The single family area has a gross density of 1 .55 dwelling units per acre. Conceptual Development Plan C • Proposed land uses are not consistent with the Comprehensive Plan. The Conceptual Development Plan C calls for 14 acres of commercial running the length of Route 47, and 65.87 acres of 13,000 sqft single family lots. • The single family area has a gross density of 1 .58 dwelling units per acre. Staff Comments/Recommendations: • The petitioner is seeking approval of a pre-annexation agreement and would like the agreement to allow flexibility for future developer to determine the highest/best use of the property following one the three proposed land plans submitted. The draft agreement provides narrative allowing components of each plan. Staff has requested a revised Concept PUD be prepared to allow for one Concept PUD plan to avoid confusion. • Although the Comprehensive Land Use plan recommends Suburban Neighborhood along this property's frontage of Route 47, staff acknowledges that single family homes may not be the best use along Route 47; however the Comprehensive Plan establishes commercial nodes at major intersections with supporting residential uses in between. Staff has concern with allowing commercial use in this location at the same intensity as that of the `nodes' to the north and south of this property, and therefore recommends the non- residential use along Route 47 be limited to less intense commercial and/or office land use. The Annexation Agreement includes a provision to incorporate the design guidelines for architectural design of the buildings, requiring the buildings to be single story in order to be consistent with residential architectural styles. • Aux Sable Creek comments: • Aux Sable Creek is a Class A stream. Floodplain restoration will be required, including one or more of the following; de- channelization of the creek, stream bank erosion stabilization and naturalized seeding of floodplain. • Due to the sensitivity of the Aux Sable Creek Watershed, additional methods for Non-Point Source Pollution prevention will be necessary. • Best Management Practices shall be used in all applicable areas. • Improvements enhancing the Aux Sable Creek should be required and should follow the guidelines outlined by the Mid Aux Sable Creek Watershed Plan currently being prepared by the Conservation Foundation. • The access drive entering the property from Route 47 (northwest corner) of each concept plan should allow for cross-access/shared entrance with the property to the north — a note on the concept plan and/or a provision in the agreement should address this. • YBSD recommends in the current sanitary sewer expansion plan that a lift station be located in the vicinity of this property. Staff has recommended a provision to the annexation agreement to provide/address this facility. • The trail design should include the trail and pedestrian bridges over the Middle Aux Sable Creek for both Route 47 and Penman Road trails. Provisions for funding and construction of these bridges have been be included in the Annexation Agreement. HATTNER PROPERTY - Yorkville,Illinois - -- BITE COMMERCIAL SINGLE FADIILY ...- WooS.F. I2,OL05.P.wA -.. .- .. 14.00Ac. TOWNIIOMES ("XIWIYP.) - 7011KIT[. ,I.al.q 14.N A,. 51.57 A, _ 30'R.O.W. % rte- a LLI It- 0 Lu �. AUXSABLLCRELK FLOODW AY - SITE DATA REGIONAL IIgCB TRA I L TOTAL AREA. 8266 AC. 6VR.O.W. aownevrnnen ee,+; COMMERCIAL AREA'. 4 AC TOMHOMEARE IhW AC. JASINGLE FAh11LY AREA: 51.87 AC. CONCEPTUAL�AL ANNETfE HATTNER �P�eV s,J^ DEVELOPMENT PLAN — eu,ax -ws OS EGO.IL 0543 (uQ l �,[ ._ n4, SClltl+Irt Dl'Ib LUIKIW{S.rll ) ,. . OSWEGO.IL 60533 .. ,._ II HATTNER PROPERTY Yorkville, Illinois - CObIMERCLAL OFFICE SINGLE I kNill \ SINGLE FAMILY - CSDMIS.L 7E.U911 S.I. ISp00 S.F.I( l> L000 S.F.LOTS ponwo TYP.I IFnX1511 TY 11.) 111'01$ 62L015 9.94 A, 40.99 A, 40'R.O.W. lik 12K \� O W --- Z / I a LI I -- SITE DATA ALX SABLE CREEK FLOOUW'.i 1 TOTALAREA' 81M AC. ' = xsl ac REGIONAL BIKE IRA]I, COMMERCL4 EA: 19N AC. 60'RO.W. •, Ro�n� „� ws�� OFFICE ARE4. 8.97 AC- lin -4WOS w� wi.ommn.mw SINGLEFAMILYAREA 40.99AC. ' �-gW06 FµlG�^+mnrann. SING1LEFAMILYARPoA 9.94 AC. AF t wit-15��F LOiP�wiu.�mn CONCEPTUAL --ANNETTE HATTNER P.m� sda DEVELOPMENT PLAN ; ' OS EGO,IL 0543 a axeE nlol Drs 1..,mmrs.Llr ',a:• nmosr� =, 910 OSWEGO,IL 60543 HATTNER PROPERTY Yorkville,Illinois SITE CONIMF.RCIAL - A6 s.F. SINGLE FAMILY 14.00 Ac. ',(X*S.F.LOTS -.. l.7XI50nT, - 104I PIS a0'R.O.W. D1 I �� Lu AUX SABI-Pt REEK — FLOOM AV SITE DATA REGIONAL BIKE'I RAIL TOTAL AREA 62.68 AO. 60'R.O.\\'. :s+..e COMMERCIALnREA 14M AC. •��•m,vaSF�u,uw.vv.aiv.. ""LE FAMILY AREAr 65.87 AC. Cmm�P, ,>6tlpI�LOI S'��e.mn. CONCEPTUAL � e. 1 sda r.� osweco.a saws DEVELOPMENT PLAN ! f %�� 4SSErRER60543 Mn+ s�eeB N.aa; \ril Ihsl A.Wm I MPI - Yorkville South i aU ' WALKER RD. r-1I1 i S r- March 14, 2008 Staff redline April 24. 2008 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) PRE-ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE HATTNER FAMILY TRUST (East side of Route 47) THIS AGREEMENT is made and entered into this _ day of , 2008 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), and the HATTNER FAMILY TRUST, of the County of Kendall, State of Illinois (hereinafter referred to as "OWNER/DEVELOPER'), which is the OWNER/DEVELOPER of the real property hereinafter referred to as the "PROPERTY": WITNESSETH WHEREAS, OWNERIDEVELOPER is the owner of real property which is the subject matter of his Agreement comprising approximately 79_88 acres, more or less, and is_more_ - Deleted: said particularly describedQ the attached Exhibit `_`A", which is incorporated herein by reference_ _ _ - _ _ - Deleted: in and "EREAS, the subject territory is not located within the corporate boundaries of any other municipality; an4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . comment [rMl]: TmaprnpertY 'annl currently contiguous to the City. This Agreement is a`Tre-Annexation'• WHEREAS, OWNER/DEVELOPER desires to annex into the CITY the PROPERTY Agreement and will be subject to « " contiguity. This recital shouldbe describedgn the attached Exhibit A and depicted�n the Annexation Plat which is attached_ removed and replaced with appropriate hereto and incorporated herein as Exhibit "B" The CITY Plan Commission has considered the ~ the language. Petition to Annex and Zone and positively recommended the same, subject to contiguity to the ; Deleted: in City boundary, and the City Council has heretofore both requested and approved the proposed Deleted: in land use and the zoning of the same at the request of OWNER/DEVELOPER and with the approval of the CITY; and 1 WHEREAS, the CITY Fagrees to allow4he real property described in the attached Exhibit _ - - - Deleted: has agreed "C" to be zoned for Planned Unit Development (PUD) allowing uses permitted within the B-2 Deleted: Flex inning permiting General Business Districto- a maximum of twenty eight_(HI acres located immediately_ _ _ _ _ _ _ _ Deleted: as to a contiguous to the east side of the right-of-way of Illinois State Route 47 as it exists on the date of CITY execution of this Pre-Annexation/Planned Unit Development Agreement; and, the CITY _ _ - - Deleted: and agrees to allow use permitted within the R-4 General Residence District}br the realproperty _ _ _ - - - Deleted: has agreed described in xhibit "D�',L a maximum of fourteen 514) acres located immediately east of and _ _ ` Deleted: Most zoning permitting contiguous to the aforementioned B-2 General Business District Parcel; and the CITY has `� comment [TM2]: staff agreed to allow lases permitted within the R-2 One Family Residence District for the real recommends a revised concept - - - - - - - - - - - PM Plan be prepared to described in the attached Exhibit "E ' mmediatel easterl and adjacent to the above it depict the language stated property ' - - - - - - - y- - - - -y - - - - ']- - - - - - - - - - - - - - - 1, , in this agreement . To date, described parcels, but in no event to exceed sixty five (65) acres of the real property; and III I there have been 3 1l , alternative concept plans submitted and a request to WHEREAS the CITY desires to locate a sanitary pump station alone with regional 'o `I allow portions of each in d I the preliminary/final plan. interceptors and forcemains within the Property; and Father than including 3 'I , concept plans to this I' ' agreement , staff prefers 1 WHEREAS a branch of the Middle Aux Sable Creek crosses the Property and is parallel ';, '` to avoid confusion. to the southern boundary of the Property; an ',� Deleted: to be zoned R-4 General It Residence District as to WHEREAS the City's Comprehensive Plan identifies the Middle Aux Sable Creek as an ', Deleted: Flex Zoning permitting open space corridor; and Deleted: to be zoned for R-2 One Family Residence District WHERAS the City's Comprehensive Plan Design Guidelines identifies Illinois State Route 47 as a `Gateway Corridor'; and WHEREAS all parties to this Agreement acknowledge the City has approved Ordinance 2007-24 approving `Annexation and Planned Unit Development Agreement (Yorkville South)", and said agreement includes provisions related to public infrastructure which, as contemplated in said agreement will benefit the Subiect Property; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the CITY in an orderly manne r-;rand _ - - Deleted: , WHEREAS, OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have held a Public Hearing with the Plan Commission, and The City Council, prior to the execution hereof, duly published and held a public hearing was held to consider this Agreement in front of the City Council, as required by the statutes of the State of Illinois in such case made and provided. WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 ,pt_ seu. (2006), relating to Annexation Agreements, the parties hereto wish to _ , - Deleted: through 51.1-512.0061, enter into a binding agreement with respect to the future annexation and zoning of the subject inclusive Property and to provide for various other matters related directly or indirectly to the annexation of the Property in the future, as authorized by, the provisions of said statutes; and —2— WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have taken all further action required by the provisions of 65 ILCS 5/11-15.1 .3 (2006) and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation/Planned Unit Development Agreement by the CITY. 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 ILCS 5/11- 15.1-1 through 65 ILCS 5/11-15.1-5 (2006), as amended, as follows: 1 . ANNEXATION AND ZONING. A Upon the Property becoming contiguous to the CITY the CITY shall adopt an . . . . . . Deleted: T ordinance annexing to the City all of the real property described herein in the attached Exhibit "A"; and the City in said ordinance shall zone the real property designated in the attached Exhibit "A" to PUD subject to the further terms of this Agreement as follows: i. The real property described in Exhibit "C" is allowed uses permitted _ _ - _ _ _ _ - Deleted: i. within the B-2 Service Business Zoning District Subject to the limitations _ Deleted: hereby zoned as described by Exhibit "C-1". Deleted: and that the real property be ii. The real property described in Exhibit "D" is allowed uses permitted allowed to be used for all of the uses within the R-4 General Residence Zoning District subject to the allowed in that classification limitations described by Exhibit "D-1". iii. The real property described in Exhibit "E" isallowed used permitted_ _ _ _ tt- _ - Deleted: <iti¶ within the R-2 One Family Zonm District subject to the limitations `„ il. The real property described m Exhibit y —� —� \, "D" is hereby zoned as R.4 General described by Exhibit "E-1" Residence District and that the real property be allowed to be used for all of J the uses allowed in that classification.¶ 2. SITE DEVELOPMENT " iii. `` Formatted: Bullets and Numbering t ` Deleted: hereby zoned as A. �WNER/DEVELOPER shall develop the subject property in terms of Preservation _ _ Deleted: and that the real property be of open space, protection of the Aux Sable Creek corridor on the south boundary_of the _ °, allowed to be used for all of the uses property, and installation of a trail system in general conformity with the Planned Unit ` allowed in that classification Development once t Plan dated which was prepared by Schoppe _ _ _ Deleted: Design Associates and which is attached hereto and incorporated by reference as Exhibit ` Deleted: S. "F" Deleted: c Deleted: Preliminary B. AWNER/DEVELOPER shall be responsible_for providing landscaping, in _ _ _ _ _ _ _ _ _ _ _ Deleted: C. conformance with CITY standards along all perimeter boundaries of the subject pTOperiy. Deleted: No permanent trees covering c - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - utilities shall be Planted on the right-of- way adjacent to the subject real property. C. QWNER/DEVELOPER shall establish the landscape buffer along Illinois State_ _ _ _ _ _ - _ Deleted: D. Route 47 behind the proposed Right-of-Way expansion line of the Illinois Department —3— of Transportation. Said buffer shall be a minimum of 25 feet in width: and - D. OWNER/DEVELOPER shall incorporate and apply all `Site Planning Principles' as defined by the CITY'S "Comprehensive Land Use Plan Update Southern Study Area" Design Guidelines a copy of which sections are attached hereto and made a part hereof. E. OWNER/DEVELOPER shall relocate the existing overhead utility lines alone the Illinois State Route 47 frontage of the Subject Real Property prior to issuance of any building permit for the property. Said relocation shall include obtaining any and all necessary permits and approvals for the utility relocation and OWNER/DEVELOPER shall be responsible for all costs associated with said relocation F. OWNER/DEVELOPER agrees to provide a cross-access easement allowing the adiacent property to the north to access to and across the commercial portion of subject PROPERTY as described by Exhibit "C" at the time of Final Plat of Subdivision. Formatted: Bullets and Numbering G. OWNER/DEVELOPER agrees to incorporate into the Preliminary Plan a design to de-channelize and meander the creek alignment, including adequate means of stream bank erosion stabilization and provide naturalized seeding of floodplain H. OWNER/DEVELOPER agrees due to the sensitivity of the Aux Sable Creek Watershed additional methods for Non-Point Source Pollution prevention will be necessary and furthermore agrees to incorporate Best Management Practices (BMPs) to the Preliminary Plan as deemed appropriate by the City at the time of Preliminary Plan submittal Said (BMPs) and other improvements required to enhance the Aux Sable Creek shall follow the guidelines identified by the Mid Aux Sable Creek Watershed Plan I. OWNER/DEVELOPER agrees to construct and fund the trail design including the trail and a minimum of two (2) pedestrian bridges over the Middle Aux Sable Creek for to be near Route 47 and Penman Road trails. Deleted: E. J. OWNER DEVELOPER agrees that in all respects the subject_PROP- - - -ERTYshallbe- , developed in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, Stormwater, and all other applicable Ordinances. Deleted: l. . K. OWNER/DEVELOPER, and successors, heirs and assigns hereby agree that prior to_, development taking place on the PROPERTY, a site development plan shall be submitted along with approval of Preliminary Plat of Subdivision and Preliminary Engineering as well as Final Plats of Subdivision and Final Engineering prior to OWNER/DEVELOPER commencing construction on said PROPERTY. L. The OWNER shall dedicate a site for the Aux Sable Creek sanitary pump station and —4— execute all necessary easement documents for said site. The location of the site and easements shall be consistent with the location depicted on Exhibit " " 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. Furthermore, within 45 days of a written request from the CITY, which includes legal descriptions and exhibits as necessary, the OWNER/DEVELOPER shall grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and/or other utilities to serve the subiect property and other properties within the City of Yorkville M. Within 45 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER/ DEVELOPER shall convey Warranty Deed, fee simple title of future highway or road right of way to the State of Illinois, Kendall County or the United City of Yorkville as necessary, regardless of whether or not these right of way needs have been previously identified in this agreement Such request for conveyance of right of way shall have no impact on any previously entitled land development density. Deleted: Deleted: of said parcel 3. CITY'S AGREEMENTS. J Deleted: In me event the parcel of real A. , i/ property as described in Exhibit "D" is I developed consistent with the R-4 The CITY agrees that as to any of the non-residential use and Zoning_ - _ _ _r , General Residence District and/or the classification areels OWNER/DEVELOPER has no obligation to a ; r parcel designated B-2 General Business x - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Py - - - r District as to a maximum of twenty eight School Transition Fees or Se Got NI k Land-Cash Fees. ' (28) acres located immediately u T eOWNER/DEVELOPER shall a Land-C ash Fees for schools and contiguous to the east side of the right-of- ` - - .}? y- - - - - - - - - - - - - - - - - - - - -( way of Illinois State Route 47 as it exists parks at the time of Building Permit Application. For each dwelling unit _ _� on the date of CITY execution of this Alf ees listed on attached Exhibit " "shall be char ed and aid likewise 'it Annexation/Planned Unit Development - - - - - g - - - - - - - - - - - - - - -ti Agreement; and has agreed to allow Flex at the time of application for each respective building permit. The amounts it Zoning permitting the real property listed in Exhibit " " will remain for a period of 5 years commencing on 11,i described in Exhibit "D" to be zoned R-4 p General Residence District as to a the date of this Agreement. Following said five (5) year period, the 'p' maximum of fauna= (14) acres located OWNER/DEVELOPER shall be responsible to pay said fees at a rate �11 immediately cast of and contiguous to the currently required by the CITY. pII B-2 General Business District Parcel; 1`II and has agreed to allow Flex Zoning yp permitting the real property described in r� OWNER/DEVELOPER shall be required b THE UNITED CITY OF 1�' the attached Exhibit"E" to be zoned for _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ y _ _ _ _ _ _ P�' R-2 One Family Residence District YORKVILLE to hook- - to the City Water and Sanitary Sewer System at the '� �n above described par and but in o clie t to time of improving the subject property, and shall be responsible for the cost of u`` to exceed a sixty parcels,but info event P g J P �� a`„ to exceed sixty five (65) acres of the real main extensions to the PROPERTY if said mains do not touch the PROPERTY. ', lot property Flex Zoning provisions In the event the real Droperty described by the Yorkville South Annexation and lit, contained herein, I lit Planned Unit Development Agreement approved by Ordinance 2007-24 ,„FofthisAgmemem t constructs the water and sanitary sewer infrastructure described by Section 6 and ` 1' respective to Section 7 and applicable exhibits of said agreement the OWNER/DEVELOPER It ', other shall pre-Day City Sanitary Connection Fees and City Water Connection Fees as it currently in FthCv' he described by said agreement a copy of which sections are attached hereto and t Agreement or t d District of ment made a part hereof. Del eted: —5— C. Upon annexation to the CITY, the OWNER/DEVELOPER will receive police protection, 911 service,r,.and-al Lservicesas_providedbyCITY-to-its_property - - - - - - - Deleted: warersanR sewer owners and residents. D. The CITY will require the OWNER/DEVELOPER to annex to Yorkville Bristol Sanitary District prior to the time of applying for a building permit seeking to (}r'ook up to the Sanitary District and the CITY Sanitary Sewer System. j - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - -1, — ' Comment [TM3I: Staff recommends deleting this provision - An economic incentive agreement may be entered into in the future based on the needs of the 4. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. developmemandmeritsoftherequest — t without a fm development plan, idea of ` users or even a timeframe for when this It is specifically understood and agreed that OWNER/DEVELOPER and its successors development may occur, it would be and assigns shall have the right to sell transfer, mortgage and assign all or any part of the premature to identify terms as part of this pre-annexation agreement. subject property and the improvements thereon to other persons, trusts, partnerships, Deleted: E. CITY will Permit an firms, or corporations, for investment, building, financing, developing and all such Economic Incentive Agreement to be requested by OWNER/DEVELOPER for purposes, and that said persons, trusts, partnerships, firms, or corporations shall be the benefit of the parcel zoned B-2 entitled to the same rights and privileges and shall have the same obligations as General Business District as to any portion of the off-site, signalization on- OWNER/DEVELOPER under this Agreement and upon such transfer, the obligations site or collector costs, stormwater pertaining to the property transferred or sold shall be the sole obligations of the detention costs, Route 47 tapper or right- transferee, except for an performance bonds or guaranties posted b an Agreement improvements, pursuant of Sao such p y p gD p y an Agreement out of/: of any Sales Tax OWNER/DEVELOPER on any subdivided or unimproved property for which an Receipts from users on the subject site acceptable substitute performance bond or letter of credit has not been submitted to the inconformity with the United City of p p Yorkville Commercial Incentive Policy in CITY. existence at the date of this Agreement. 5. DORMANT SPECIAL SERVICE AREA and PROPERTY OWNERS ASSOCIATION Owner/Developer agrees to incorporate covenants into the final subdivision plat that provide for the formulation of a Property Owners Association to be responsible to maintain all common facilities including but not limited to, Drivate common areas, detention ponds perimeter landscaping features and entrance signage within the Subject Realty. Owner/Developer agrees to the City enacting at the time of final plat approval, or anytime thereafter, a Dormant Special Service Area (DSSA) to act as a back no in the event that said Pro ert Owners' Association fails to maintain the Common Facilities including but not limited to private common areas, detention Bonds, perimeter landscaping features and entrance signage within the Subject Realty. Owner/Developer agrees to execute any and all documentation necessary or proper to create the Dormant Special Service Area and pay any and all fees, including legal expenses, for the preparation and approval of said documentation. TIME OF THE ESSENCE. _ Deleted: s —6— i 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 effort4o expedite the - - - Deleted: including the caning er sPee�ai subject matter hereof. It is further understood and agreed by the parties that the meetings, successful consummation of this Agreement requires their continued cooperation. COVENANTS AND AGREEMENTS. Deleted: 6 The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement 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. BINDING EFFECT AND TERM. Deleted: 7 This 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, assignee, 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. 9. NOTICE. _ - - - Deleted: Deleted: I Any notices required hereunder shall be in writing and shall be served upon any other party in J Deleted: 8 writing and shall be delivered personally or sent by registered or certified mail, return receipt Deleted: . requested, postage prepaid, addressed as follows: If to the CITY: City Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Kathleen Field Orr _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Deleted: ryn 800 Game Farm Road Yorkville, IL 60560 To OWNER/DEVELOPER: Annette Harmer 12924 E. 240U' St. Annawan, IL 61234 With a copy to: Law Offices of Daniel J. Kramer —7— 1107A S. Bridge St. Yorkville, IL 60560 or to such other addresses as any party way from time to time designate in a written notice to the other parties. 10. ENFORCEABILITY. Deleted: I 9 This Agreement shall be enforceable in any court of competent jurisdiction 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 the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. 11 . _ _ ENACTMENT OF ORDINANCES. Deleted: io 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. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this _ day of , 2008. UNITED CITY OF YORKVILLE By: Valerie Burd, Mayor Attest: City Clerk OWNER/DEVELOPER: HATTNER TRUST 1 By: Attest: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —9— EXHIBIT LIST Exhibit "A" Legal Description Exhibit `B" Annexation Plat Exhibit "C" B-2 General Business District Exhibit "D" R-4 General Residence District Exhibit "E" R-2 One Family Residence Exhibit "F" Schoppe Design Preliminary PUD Plan dated: —10— '��o orrrT United City of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 y Telephone: 630-553-4350 .ao Fax: 630-553-7575 CE PC # APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name: Hattner Date of Submission: Amended 12 ( 10 /07 Requesting: ])(Annexation [)(Zoning 0 Planned Unit Development (] Special Use: 1 . Name ofPetitioner(s): Hattner Trust # 1 Address: 45 Settlers Lane Oswego IL 60543 Phone Number: ( 630 ) 941-0323 Fax Number: Email Address: Relationship of Petitioner(s) to subject property: ROwner pgDeveloper 11 Contract Purchaser 2. Name of holder of legal title, if different from #1 : N /A If legal Otle is held in a Land Trust, list the names of all holders of any beneficial interest therein: Annette M Hattner . Marie Hattner; 3. a). (i). Street address and physical location of subject property: Route 47 (ii). Zoning of surrounding parcels: North: Kendall County A-1 South: Kendall County A-1 East: Kendall County A- 1 West: Kendall County A- 1 b). Legal description of property; attach as Exhibit "A". c). Total Acreage: 80 . 340 d). Kendall County Parcel Numbers) of property: 05-21 -400-005 e). Current Zoning Classification: Kendall County A- 1 f). Zoning Classification Requested: . See_ attached sheet g). Is this properly within City limits? Yes X No, requesting annexation Page 1 of United City of Yorkville Anneeation,PUD,Zoning,Special Use Application Revd: 11/28/06 Zoning Classification Reguested: PUD with flex zoning within the proposed PUD Agreement providing for a maximum of 28 acres B-3; a maximum of 14 acres of multi-family zoning and a maximum 51 acres R-1 Single Family Residence District Zoning 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit "B". 5. List all governmental entities or agencies required to receive notice under Illinois law: 6. Lest the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: N /A 7. Does a flood plain exist on the subject property? no 8. Do Electors reside on the subject property? no If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney Daniel J Kramer phone : 553-9500 fax : 553-5768 1107A S Bridge Street Yorkville IL 60560 Attorney: Name: Daniel J . Kramer Address: 1107A S . Bridge Street , Yorkville, IL 60560 Phone Number: 630-553-9500 Fax Number. 630-553-5764 Email Address: Dkramer @dankramerlaw . com Engineer: Name: PhIOR Q,- Young & Associates Address: 1107B S Bridge St Yorkville IL 60560 Phone Number. 553-1580 Fax Number. 553-1685 Email Address: Land Planner: Name: Schoppe Design Associates Address: 126 Main Street Oswego IL 60543 Phone Number. 551 -3355 Fax Number: 551 -3639 Email Address: mschopRe@schoppe . net Page 2 of 5 United City of Yorkville AnnexationXUD,Zoning.Special Use Application Revised: 11/28/06 10. 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 to "Petitioner Route, Step 1 , Fees" and/or contact the Deputy. Clerk for verification of this amount). c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: 1 C) i Petitioner(s) Signature: (All legal property owners signatures must appear on this application.) A -- - Subscribed and sworn to before me this (o+h day of OLtC)-ti� 200Z_. cum K4NSM ,STAE1�S.t THIS A PPLICA TION MUST BE NOTARIZED. Page 3 of United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 2/25/04 ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST 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. Army Corps of Engineers, etc., to allow timely review by City. *Fees: a. Annexation or Annexation and Rezoning - $250 plus $10 per acre for each acre over 5 acres b. Rezoning only - $200 plus $10 per acre for each acre over 5 acres c. Special Use - $250 plus $10 per acre for each acre over 5 acres d. Engineering Review Fees - 1 .25% of the approved engineers estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee - $500 f. Engineering Review Deposit - up to 1 acre = $1 ,000; over 1 acre but not over 10 = $2,500 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $109000 over 100 acres = $20,000 g. Deposit for Outside Consultants - under 2 acres = $1 ,000 2 to 10 acres e: $28500 over 10 acres = $5,000 Note: Ow ner/Developertyill be responsible for payment of recording fees and costs, public hearing costs iriciuding a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 0 Thursday of the month at 9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director, Director of Parks and Recreation, Fire Department Rep, and Police Chief. Step 3: Park Beard Planning Meeting: The Park Board makes recommendations on any Park Sites included in residential developments. The Park Board Planning Meeting is the fourth Thursday of each month at 7:00 p.m. at the Riverfront Building, 301 E. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date, A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Page 4 or 5 United City or Yorkville Annexation,PUD2oning,Special Use Application Revised: 1 !/28/06 Step 5 - only required for annexation agreements or PUD agreements: City Council public hearing: The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. A Public Hearing will be held at this time for the Annexation Agreement andlor Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Step 6: Economic Development Committee and Committee of the Whole: The Economic Development Committee and 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. Step 7: City Council: The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes piece. 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 Cierk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: t O h (o 1 U :J Signature ofrPEtffioner Page 5 or 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised! 11/28/06 - t LEGAL DESCRIPTION THAT PART OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 21 , TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHEAST CORNER OF SAID EAST HALF; THENCE SOUTHERLY, ALONG THE EAST LINE, 1,401 .21 FEET TO A POINT THAT IS 1,245 .6 FEET NORTH OF THE SOUTHEAST CORNER THEREOF; THENCE WESTERLY, AT AN ANGLE OF 90 DEGREES, 23 MINUTES, 18 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, 370.32 FEET; THENCE SOUTHERLY, AT AN ANGLE OF 90 DEGREES, 23 MINUTES, 18 SECONDS MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, PARALLEL WITH SAID EAST LINE, 8.40 FEET; THENCE NORTHWESTERLY, AT AN ANGLE OF 86 DEGREES, 57 MINUTES, 37 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG THE CENTER OF MIDDLE AUX SABLE CREEK, 691 .65 FEET; THENCE CONTINUING NORTHWESTERLY, AT AN ANGLE OF 183 DEGREES, 15 MINUTES, 36 SECONDS MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 270.0 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHEAST QUARTER; THENCE NORTHERLY , AT AN ANGLE OF 96 DEGREES, 20 MINUTES, 00 SECONDS MEASURED COUNTERCLOCKWISE FROM THE LAST DESCRIBED COURSE, ALONG SAID WEST LINE, 1,337.20 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE EASTERLY, ALONG SAID NORTH LINE, 1,330. 17 FEET TO THE POINT OF BEGINNING, AND ALSO, THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION21 , TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF THE EASTERLY RIGHT-OF-WAY LINE OF THE FOX AND ILLINOIS UNION RAILROAD COMPANY, ALL IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS, CONTAINING 80.335 ACRES. Reviewed By: Agenda Item Number J= y � � Legal ❑ New Business#3 f� Finance ❑ EST. , 836 Engineer ❑ Tracking Number 0 City Administrator ❑ `20 Consultant ❑ PC 2007-42 <ILE N F­1 Agenda Item Summary Memo Title: Jake Land Group (The Shoppes South of the Fox)—Annexation, Zoning & Concept PUD Request Meeting and Date: EDC 5/1/08 Synopsis: Request for Annexation/PUD Agreement, PUD Zoning, & Concept PUD Plan. Council Action Previously Taken: Date of Action: 2/13/08 Action Taken: Plan Commission Public Hearing 3/25/08 City Council Public Hearing Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached report. C`p y IZI� '! 1 Memorandum To: EDC EST h 1836 From: Travis Miller/Stephanie Boettcher 1`� CC: Lisa Pickering (for distribution) 0 «y� O� Date: April 25, 2008 K,mac ® Subject: PC2007-42 The Shoppes South of the Fox (Annexation & Concept PUD) <GE Backeround The Plan Commission reviewed the annexation, PUD zoning classification and the Concept PUD Plan February 13, 2008 and made the following actions: - Motion to recommend annexation. 6 ayes; 0 no - Motion to recommend PUD zoning classification for all land uses proposed by the Concept Plan including a daycare and a gasoline service station. 6 ayes; 0 no - Motion to recommend approval of the proposed Concept PUD Plans with a preference for Plan 1 subject to staff comments. 6 ayes; 0 no Comprehensive Plan recommendations for the property: The 2005 Comprehensive Plan Update, Southern Study Area, proposes five land uses for the subject property, • Commercial use south of Route 126 and the western half of the PUD north of Route 126 (west of existing Wing Road) • Transitional Neighborhood use east of Wing Road • Neighborhood Retail use surrounding the intersection of Route 71 and the proposed Penman Road extension • Suburban Neighborhood use east of the intersection of Route 71 and the proposed Penman Road extension in the eastern portion of the PUD fronting Route 71 . • Park/Open Space use in the southwest portion of the PUD area. Two land uses comprise the majority of the subject property, Commercial and Transitional Neighborhood. The Comprehensive Plan, for Commercial, states: "Commercial Land Use . .. intends to promote market-sensitive development of commercial uses within strategically located areas to efficiently, effectively, and conveniently serve the growing local population while reinforcing the importance of the United City of Yorkville as a regional center. " The Comprehensive Plan, for Transitional Neighborhood, states: "The Transitional Neighborhood establishes a medium-density setting that includes a mix of residential uses within masterplanned communities. These masterplanned communities can have neighborhoods of varying densities, open spaces and carefully integrated commercial uses ... Transitional Neighborhood can be designed to provide intermediary space between lower density residential areas and non-residential areas allowing greaterflexibility of development adjacent to areas subject to development pressures. Gross residential density ... should be between 2.25 and 3.50 dwelling units per acre. " Staff Comments/Recommendations: • When the concept plan was brought before staff and the Plan Commission in July/August of 2007, concerns were raised in regards to the full access point proposed on Route 126 south of the Route 71/Rome 126 intersection. This spacing was not consistent with the IDOT spacing standards and it was suggested by staff to modify the plan to comply with IDOT standards. The current Conceptual PUD Plans propose two full access points along Route 126 south of Route 71 . The spacing has been increased from 500 feet to approximately 740 feet, which remains to be deficient from IDOT standards, however, staff recommends supporting the spacing request to IDOT based on the current land plan. • Staff recommends the concept plan(s) include future access points to, and through the three `not included' areas depicted on the plans to ensure these properties will be able to develop in conformance with the layout of the proposed Windmill Farms development plan. • Design Guidelines from the 2005 Comprehensive Plan Update, Southern Study Area should also be required of this PUD, particularly focusing on one architectural style to serve as a cohesive element among the PUD. The more intense commercial/retail uses occurring around the two major intersections in the PUD, Route 71/Route 126 and Route 71/Proposed Penman Road could include taller buildings, potentially second/third floors and architectural elements enhancing the `nodes' . The Transitional uses along the periphery of the PUD should have a more residential character, single story and reflective of the surrounding residential architecture in conjunction with the PUD architectural character. • The Comprehensive Plan identifies Route 71 and Route 126 as "gateway corridors." Given this distinction, attention should be given to the landscaping along these routes along with providing trails/sidewalks to connect into the surrounding residential properties' networks. Signage design and locations should also be addressed in the Concept PUD by providing general guidelines and design theme. • Special Uses o The Concept Plans each propose a Gas Station and Daycare use which are defined as special uses by the Zoning Ordinance. The PUD zoning allows for these uses to be permitted within the PUD. r Iv '�,.. r.. °• FOX I IGHARD YOUNG' FORFS7 PFFSFR'V,F ti+ + LJ 1= 7 Op OUT ;._•.1 J ■ Th h ppes QV s h of Fox t RRIS REST � 6 V sERVE i i � PENNMAN RD LOCATION MAP WINDMILL FARMS VA•EN0.,DVRD Yorkville, Illinois l hots LOT 2 46,800 S.F. LOT 3 4.03 Ac- / ,.• 12,050 S.F. 198 STALLS PROV09ED -SITE LOT 1.57 Ac. /.x `� 1$500 S.F. 83 STALLS PROVIDED t / _ 1 LOT 5 69 STALLS PROVIDED 8,800 S.F. 1.42 Ac. '� y 74 STALLS PROVIDED MC KENNA LOT 1 A-1 LOT 6 a\ n9N�i 12,100S.F. 14,850 ST. Q\ 1 3,w 1.66 A0. 1.73 Ac, �1,\\,. r a 65 STALLS PROVIDED LOT 7 78 STALLS PROVIDED 15.500 S.F. n `} L&DBOWMAN 1A80S.F. - I (_ { 6I STALLS PROVIDED Q�, L IQ _ fall` TRUST ''. LOT S Q �� 2}5 Ac LOT 9 W STALLS PROVIDED / / ° / (• )),• q SITE DATA 11,850 S.F. /"' %. de 1e. ,i PEIVNMAN RD EDWARD 46 Ac. TO�zaau TO Proposed Land Use-B31 R4 -- Total Site Area 91.36 Ac.100.00%. 55 STALES PROVIDED .J HEALTH CARE LOT 10 EAST PARCEL POD LOT 15 -.1 `/ I I 21,000 S.F. Land Use Acres 5.600 S.F. k- `-� \ 1.69 Ac. Total Area 1.71 Ac. __ f1 - � -[� 74 STALLS PROVIDED 5192 AC. 5883% LOT 16 23S LS PROVIDED ���tiL � A,' V ` rJ G ComreemilSF W.19Ae. 3981% �� - �1,. 1nrme \ � �� - LOT 11 Seel grard Weer Manan Rd 115Ac. 126% / Storm Water Management 16,36 Ac, 15.]2% 6,200 S.F. (� {� 6.000 B F. 0.89 Aa EGA\ F \ 1 "` W 0.71 Ac. Miser Open Space 0.22 Ac, 024% 33S"FALLS PROVIDED A, F ywM .". LOT 17 / �''.,v k / o °'- ` a 1 � _ 35 STALLS PROVIDED •Q - `1 7 _ Q, ( WEST PARCEL S 71 A 5 F �� •� �..,, A-� --fy- - �Q 1�--1 0.4 0 0 ELI Land Use Acra, 401 SIA6LSTTOTAL Total Arco 39.44 Ac. 43.1]% GEORGE E. BLOCK 2LU Aa 23,25% LOT IS - yfi�T Q tt�� ]/�1�� / 1� �,- nn� y-C cam eeoiall 3,000 S.F. �' `J I � V �- } A-1 Age ResirlcteJ TawnFwmes 1.75 Ac 1 92% /(� i`1', tewa 1.15 Ac. °'f f Qn Q _ h_ ^ _Q _ y,IL Assorted L wn9 is..l 3.40 Ac 372% 51 STALLS PROVIDED 15 •., 4 V V `ry•I (� Uf Storm Waier Management 6.88 Ac. 7.53% yL� `.� 1 y l Misc,OPan Spacer/EA.Pond 81]Ac 5.75% FUTDRESTL'B ' _ S► ,, _ TO SIGNALED r y �� " _ ! Total Residential Units 115 Units DWYER 10SIG ACED - VPT 1 r r�L' I ` Gross s Perer 12.33 Units �] 'V� / 1 ' INCLUDED I- Gross Du Per AC. 1.ZB Units 17060 S.4. L� \ 'j y - (1. I GENERr1L ROTES PROPERTY 4 ( t�0 B3 LOT 17 l`-.� 4�� 1.71 Ac (TOTAL) - 4 - 1 t A N vw,HN,]LEPWaa. M Nq Wne 402 STALLS<TOr 1L1 g LOT 17 _ S� �. -� � � 7� � -%-. - - �€�"��' _ x 8.71 Ac.(TOTAL) y... -:,c �� / r/ LOT 12 .m �ue, wmer sae. s iw, .ama I 5 16. f ST STALLS(TOTA LOT 13 LOT17 ( r \ \�� 1.95 AC. 12.000 SF , per r+uP ne• n.er°w�a.wme-.m,w.v eem„��mu.e,,,,wwn,em+n 8 . 0 (TOTAL) fr -� - �I D 90 STALLS PROVIDED 1.53 Ac. 23,900 S.F. { ( N 5l STALLS PROVIDED 4025'1'ALUS(TOTALJ � LOT 25 �^iP� VV �q-,'L.V LOT 24 8.600 S.F. 1.15 Ac. yn maA ocr�nmew,m. LO 11,600 S.F. 42 STALLS PROVIDED 11,85 T 3 SP. / 1.15Ae. ' 45 STALLS PROVIDED v � 28 STALLS PROVIDED 7" ,3 CONCEPTUAL REV 18:813 00' COUNTRY 9' ! LOT 23 Rms:01 LOT 20 ) 12:000 S.F. HILLS I � TaSTiN > t � 1 t �, 12.000 5 1-- /p6,v yl I S 1.31 Ac. 30 200' IOV R-Z Ii -- 32 STALLS PROVIDED PUD PLAN I 0.97 Ac, 32 STALLS PROVIDED 6 \ 9 T UNITS RAINTREE • 0 ma ^vraphlc9eale 0 Ac. LOT 21 > _; - A126 STALLS PROVIDED SUBDIVISION m,00o S.F. `-' i R-2 PUD PREPARED BY: 1.88 Ac. / AGE RESTRICTED 36 STALLS PROVIDED TOWN HOMES ENGINEERING: DEVELOPER: 161RJITS I 126 S. Main Street EXISTINGTRFES 1.75 AC. CEMCON, Ltd. JAKE LAND GROUP Oswego, IL 60545 l: - :ere,.,.• p: 638 551-3355 23118 Sandpiper Cove Schappe Design Associates,Inc. a 635 551-3639 Plainfield,IL 60544 oPLANNtar.c rA,lolclin.rlrrcecTUSe sdioppedesign.net � PENNMAN RD LOCATION MAP 7 FO WINDMILL. FARMS °� °T° - n 'D O Yorkville, Illinois LOT '4 ! ` 46,800 S.F. �" r r Q (� ]j r x LOT 3 4.05 A, _ 12,050 SF 198 STALLS PROVIDED '—SITE a LOT 4 gg STALLS PROVIDED 18,500 S.F. 1.42 Ac' LOT 5 69 STALLS PROVIDED c -� 8.800 SE 1.4'A, :ryiit\G "Q 7 74 STALLS PROVIDED 7 LOT I.F. MC KENNA ram A-I LOT b � y 12.100 s "S �' ry �'. - L66A, 14.850S.F. E , A - '• 173 Ac (( 65 STALLS PROVIDED LOT 78 STALLS PROVIDED 15.500 SF. ' �, L&D BOWMAN AS Ac. \ ' TRUST 61 STALLS PROVIDED A-I - _ LOT '. 14.700 S.F. 2.35 A, q SITE DATA LOT 94 STALLS PROVIDED (,,�y�-}, '� s' \ ` Q��/.-may I • r�µg, IPET�WAN RD Proposed Land Use-B41 R4 11,850 S.F. .�. =yyh (}i/ �5� \+,, TO t'a'renDT° Total6ite Are a 91.36 AC.100.00% EDWARD 1.46 AC -�� , CQ s ROUTE47 nn EAST PARCEL 55 STALLS PROVIDED "'� `-e .i HEALTH CARE / � � '� • LOT 10 Land use Acres PUD LOT 1$ 169 A S.F. Total Area 51.82 Ac. 56.83% 5,600!S.F. k�. - 3 5�%±a, \ Y Q 74 STALLS PROVIDED G m eer�l 36.19 Ac. 39.61% 1.71 Ao. 9� �/ / . ' V ss_ 23 STALLS PROVIDED Realigned Pennman Rd. 115 Ac. 1.26% LOT]6 - Stmm Water Management 1936 Ac. 15.72% LOT 1I 6.2(10 S.F. i / szce f ^ Mist Open Space 022 AC. 0.20% iS' 1-+ /� ,!S 6.000 S.F. 0.R9 kY \ (J Q V 1 0.71 Ac. 33 STALLSPROVIDEU Yty` \ su9d; �`� �'�. '�/ 35 STALLS PROVIDED WEST PARCEL w. \ r �S� '.- 4 Y '� and Use cres LOT 17 ?v `'s- -4//'-I Q 10.6005E qV \ � � \yQ - i LOT 18 ` _ _ / Q Age Area 3944 Ac 03.17% 8A3 Ac.(TOTAL) Commemlel 1887 Ac. 20.44% 390 S3'AI,LS 70TA1 \ -- "(4 ` ' \ GEORGE E. qN BLOCK Age Resiucied Townnames 365 AC. 9.21% 3,000 S.F. ne TF A-1 Asssted LNng revwr. 3.50 Ac. 3 MA 133 AO " r' ' h F (j v �1 •� Hold 3.30 Ac. 361% Sfom Water Management 6.0O AC 69% 51 STALLS PROVIDED Misc.Open Space/Dd.Pond 4.12 Ac 4 51% FUTURE STUB �1} 4 \ yV� - Taal Residential Units 133 Units T(131GN.4LED '-� ' Net Du.Per AC 18.10 units DWYER ATERSERION� C1:..� -- .' LD, �., - Gross Da.Per AC 1.d6 wits s! }� \ L� NCI u�D �. PROPERTY ,Q C v GENERAL RO ES B3 '_ - .� LOT 17 IQ Q _ s y 67.800 S.F. s..a- 8.43 Ac(TOTAL) 390 STALLS(TOT AL 1 f T 1' / L LOT 12 16,750 SF. LOT 1 3 ------ 1.95 AC. 12,000 S.F. 'wTV.e im ..wd m� ded..m,..�...aw'nw.m LOT 17 ;.I /".,_ -� �' 90 STALLS PROVIDED 1.53 AC. a,s 4ea 37.200 S.F. 8.43 AC.(TOTAL) 51 STALLS PROVIDED 390 STALLS(TOTAL) d � J suz /(� �l LOT 23 8.600 - LOT 22 1.12A, 11,600 S.F. 42 S PALLS PROVIDED s nwan�n�usa.er�wvmarsw=eaa LOT 19 ��� �' 1.16 Ac. 99lJNITS 45 STALLS PROVIDED 3.50 Ac. `-! Qi. -LOT 21 137 STALLS PROVI DED r- - ���/ -- 59ROOMS -' t'6 - 3.30A.. REV 16 013020 08 COUNTRY 147 STALLS PROVIDED Scale:l"=100 HILLS CONCEPTUAL 50 200 0 a R_2 36, PUD PLAN 2 LOT 20 1,853 S.F. RAINTREE • V ma crapnmsw�e c6 Ac. SUBDIVISION /. 35 STALLS PROVIDED R-Z PUD PREPARED BV: 4 AGE RESTRICTED Ou TOWN HOMES ENGINEEflING^. DEVELOPER: 126 S. Main Street 345 Ac. Oswego,IL 60543 EXISTING TREES 3.e5 Ac. cEmlcoN9 Lta. JAKE LAND GROUP L 630 551-3355 23118 Sandpiper Cove SdFOPpe 11CSIgF1 Associates, SCAPE A QFea,1NC, f: 630 551-3639 Plainfield,IL 60544 ineo rurwnc 6rnmoscnrr nacniTSCmar sd,appedezign.net March 14, 2008 Staff redline April 24, 2008 STATE OF ILLINOIS ) )ss. COUNTY OF KENDALL ) ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE WINDMILL FARMS (Southwest and Southeast corner of the intersection of Illinois State Routes 126 and 71) (JAKE LAND GROUP) THIS AGREEMENT is made and entered into this _ day of , 2008 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), and the JAKE LAND GROUP, LLC, of the County of Kendall, State of Illinois (hereinafter referred to as "OWNER/DEVELOPEW ), which is the OWNER/DEVELOPER of the real property hereinafter referred to as the "PROPERTY": WITNESSETH WHEREAS, OWNER/DEVELOPER is the owner of real property which is the subject matter of his Agreement comprising p _Toximately 91.36 acres, more or less and is more_ . . . . . . . . Deleted: said particularly described in the attached Exhibit "A", which is incorporated herein by reference; and WHEREAS, a portion of theRROPERTY consisting of acres and described by - - - - - - Deieted: sub*t mmmry Exhibit "A-1" is located contiguous to the corporate boundaries of the CITY. and is not located- - - - - - Deleted: ; within the corporate boundaries of any other municipality and WHEREAS a portion of the PROPERTY consisting of acres and described by Exhibit "A-2" has previously been annexed to the CITY and zoned B-3 Service Business District; and WHEREAS, OWNER/DEVELOPER desires to annex into the CITY the PROPERTY described in the attached Exhibit "A-1 " and depicted in the Annexation Plat which is attached 1 hereto and incorporated herein as Exhibit "B" The CITY Plan Commission has considered the Petition to Annex and Zone and positively recommended the same and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER/DEVELOPERt; and _ - _ _ _ - _ - - - Deleted: and with the approval of the CITY WHEREAS, the CITYag ees to allow4he real property described in the attached Exhibit _ _ - MDeleted: C has to be zoned for Planned Unit Development (PUD) allowing uses permitted within the B-3_ _ ng permitting Service Business District ,on a maximum of thirty-five (35) acres locatedpn the fast Parcel as _ _ „ ' -ddepicted on the Concept PUD Plan prepared by Scboppe Design Associates Inc and dated revision 16. January 30, 2008; and, the CITY a ees to allow uses permitted within the B-3 _ _ _ _ �� Deleted: immediately contiguous to the Service Business District,for the real property described in Exhibit "Con a maximum of twenty- �„ Deleted: east side one (21) acres located on the West Parcel; and the CITYagreesto allowgses permitted within- w ` - -t ” �� Deleted: and the R-4 General Residence District for the real property described in the attached Exhibit ",V"0n t\ a maximum of two (2) acres of the real property allowing an age-restricted age fifty-five and Deleted: has agreed over single story townhomes; and the area located south of the B-3 and immediately east of the l'r Deleted: Flex Zoning permitting aforementioned age restricted area allowing a multi-story assisted living facility consisting of " `o` Deleted: D° approximately three and one-half(3 ''/2) acres with a minimum of ninety-nine (99) assisted living °,`��� Deleted: has units allowed on the West Parcel as depicted on the Schoppe Design Associates, Inc. Concept '„ �\ Deletes: a PUD Plan (Exhibit "E"), and J Deleted: Flex Zoning Permitting Deleted: E WHERAS the City's Comprehensive Plan Design Guidelines identifies Illinois State Deleted: immediately easterly and Route 71 and Illinois State Route 126 as 'Gateway Corridors'; and adjacent to the above described parcels, but in no event to exceed WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the CITY in an orderly manner; and WHEREAS, OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have held a Public Hearing with the Plan Commission, and The City Council, prior to the execution hereof, duly published and held a public hearing was held to consider this Agreement in front of the City Council, as required by the statutes of the State of Illinois in such case mad ' and Deleted: and provided WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 5/11-15.1-5 (2006), inclusive, relating to Annexation Agreements, the - Deleted: 51.1-5 parties hereto wish to enter into a binding agreement with respect to theannexation and zoning _ _ - Deleted: future of the subject Property and to provide for various other matters related directly or indirectly to the annexation of the Property in the future, as authorized by, the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have taken all further action required by the provisions of 65 ILCS 5/11-15. 1 .3 (2006) and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation/Planned Unit Development Agreement by the CITY. 2 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 ILCS 5/11- 15.1 -1 through 65 ILCS 5 111-15. 1-5 (2006),,as fol lows- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Deleted: as amended, 1 . ANNEXATION AND ZONING. A. The CITY shall adopt an ordinance annexing to the City all of the real property described herein in the attached Exhibit "A-1 '; furthermore, the City�shalI adopt _ _ - , - Deleted: and an ordinance zonithe real property designated in the attached Exhibit "A" to _ _ _ Deleted: in said ordinance PUD subject to the further terms of this Agreement as follows: Deleted: e i. The real property described in Exhibit "C" is allowed uses'permitted _ _ - Deleted: i. within the B-,LService Business Zonin Districtsubject to the limitations Deleted: hereby zoned as described by Exhibit "C-1". Deleted: ? ii. The real property described in Exhibit "D" is allowed uses permitted Deleted: and that the real propert y be within the R-4 General Residence Zoning District subject to the allowed to be used for all of the uses limitations described by Exhibit "D-1". allowed in that classification 2. SITE DEVELOPMENT Deleted: in terms of A. OWNER/DEVELOPER shall develop the subject property 'ncludin the preservation of open space, protection of the existing evergreen tree line on the west boundary of the West Parcel, and installation of a trail system, stormwater management_ _ - - - Deleted: property facilities and roadway access points in general conformity with the Planned Unit Development Concept Plan dated January 30, 2008,prepared by Schop )( Design _ _ _ - - - - - - Deleted: Preliminary Associates Inc. and which is attached hereto and incorporated by reference as Exhibit Deleted: which was "E„ Deleted: C. B. OWNER DEVELOPER shall be responsible_for providing landscaping in _ _ _ _ _ _ _ _- conformance with CITY standards along all perimeter boundaries of the subject property. - - Deleted: No permanent trees covering - - - - - - - - - - - - - - - - - - - - - — ' utilities shall be planted on the right-o& way adjacent to the subject real property. C. OWNER/DEVELOPER shall establish the landscape buffer along Illinois State_ _ _ _ _ - _ - Deleted: D. Route 71 and Illinois State Route 126,gutside of the proposed Right-of-Way expansion line of the Illinois Department of Transportation. Said buffer shall be a minimum of 25 Deleted: behind feet in width. D. OWNER/DEVELOPER shall incorporate and apply all `Site Planning Principles' as defined by the CITY's "Comprehensive Land Use Plan Update Southern Study Area" Design Guidelines a copy of which sections are attached hereto and made a part hereof. E. OWNER/DEVELOPER shall relocate the existing overhead utility lines along the Illinois State Route 71 and Illinois State Route 126 frontage of the Subject Real Property prior to issuance of any building permit for the property. Said relocation shall include —3— obtaining any and all necessary permits and approvals for the utility relocation and OWNER/DEVELOPER shall be responsible for all costs associated with said relocation. F. OWNER/DEVELOPER agrees to provide a cross-access easement allowing all adjacent properties to access to and across the commercial portions of subject PROPERTY as described by Exhibit "C" at the time of Final Plat of Subdivision G. OWNEFJDEVELOPER agrees to construct and fund the trail depicted on the Concept PUD Plan (Exhibit "E") at time of Final Plat of Subdivision. Deleted: E. H. QWNER/DEVELOPER agrees-that-in all respects the subject PROPERTY shall-be- developed in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, Stormwater, and all other applicable Ordinances. Deleted: ?. I. Q) NER/DEVELOPER, and successors, heirs: and assigns hereby agree that prior to_, , development taking place on the PROPERTY, a site development plan shall be submitted along with approval of Preliminary Plat of Subdivision and Preliminary Engineering as well as Final Plats of Subdivision and Final Engineering prior to OWNER/DEVELOPER commencing construction on said PROPERTY. J. The OWNER shall construct off-site right-of-way improvements within the Raintree Village subdivision to provide connection to infrastructure on Hampton Lane The location of the said infrastructure shall be consistent with the location depicted on Exhibit " " of this Agreement. K. OWNER agrees within 45 days of a written request from the CITY, which includes legal descriptions and exhibits as necessary, the OWNER/DEVELOPER shall grant permanent and temporary construction easements as necessary for the construction of extension of City utilities and appurtenances and/or other utilities to serve the subject property and other properties within the City of Yorkville L. Owner agrees within 45 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER/ DEVELOPER shall convey by Warranty Deed, fee simple title of future highway or road right of way to the State of Illinois Kendall County or the United City of Yorkville as necessary, regardless of whether or not these right of way needs have been previously identified in this agreement Such request for conveyance of right of way shall have no impact on any previously entitled land development density. 3. CITY'S AGREEMENTS. A. —4— O_ _ _ The CITY agrees that as to any of the non-residential use and zoning- - - - - - - - Deleted: classification a� rcelstOWNER%DEVELOPER has no obligation to pay_ _ _ _ - _ - Deleted: of said parcel School Transition Fees or School-Park Land-Cash Fees. (ii) 11le OWNERJDEVELOPER sh all pay Land-Cash Fees for schools and _ _ - - - Deleted: t parks at the time of Building Permit Application. For eachdlwelling unit _ _ _ _ - Deleted: respective all fees listed on attached Exhibit " °shall be charged andpaid likewise _ - Deleted: other at the time of application for each respective building permit. The amounts Deleted: currently in existence at listed in Exhibit " " will remain for a period of 5 years commencing on date of this Agreement by the CITY, or the date of this Agreement. Following said five (51 year period, the any etfeeretl Disvic[ nf local government OWNTER/DEVELOPER shall be responsible to pay said fees at a rate currently required by the �CITYl. - , - Comment [TM1]: Deleted provision waiving the land cash obligations for the age 13 OWNER/DEVELOPER shall be re uired b THE UNITED CITY OF restricted units - staff ±• _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ q _ _ _ _ y _ _ _ _ _ _ _ _ _ _ _ _� recommends these obligations YORKVILLE to hook-on to the City Waterat the time of improving the subject _ _ ' remain for these units . property, and shall be responsible for the cost of main extensions to the Deleted: PROPERTY if said mains do not touch the PROPERTY. Deleted: and sanitary Sewer system Deleted: Water, Sanitary Sewer C. Upon annexation to the CITY, the OWNER/DEVELOPER will receive police Deleted: D. protection, 911 service,¢and all services as provided by CITY to_itsproperty _ _ Formatted: Numbered + Level: 1 + owners and residents. ' Numbering style: A, B, C, ... + start at: 4 + Alignment: Left + Alignetl at: a' 0.5" + Tab after: 0.75" + Indent at: D. The CITY will require the OWNER/DEVELOPER to annex to Yorkville Bristol_ _ _ _ 0.75" Sanitary District prior to the time of applying for a building permit seeking to hook Formatted: Indent: Left: 0.5", First up to the Sanitary District and the CITY Sanitary Sewer System. line: 0" Formatted: Numbered + Level: 1 + E CITY will use its best efforts to support issuance of a highway access permit by Numbering Style: A, B, c, ... + start at: 4 + Alignment: Left + Aligned at: IDOT to the CITY and OWNER/DEVELOPER permitting access cuts onto Illinois 0.5" + Tab after: 0.75" + Indent at: State Routes 126 and 71 at the approximate locations shown on the Preliminary PUD 0.75" Conceptual Plan as prepared by Shoppe Design Associates Inc and dated January Comment [TM27: Staff recommends ' deleting this provision - An economic 30, 2006. incentive agreement may be entered into in the future based on the needs of the I � development and merits of the request— ] without a fine development plan, idea of users or even a timeframe for when this development may occur, it would be premature to identify terms as part of this 4. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. pre-annexation agreement. Deleted: E. CITYwill Permitan It is specifically understood and agreed that OWNER/DEVELOPER and its successors Economic Incentive Agreement to be P Y requested by OWNER/DEVELOPER for and assigns shall have the right to sell transfer, mortgage and assign all or any part of the the benefit of the parcel zoned B-2 subject property and the improvements thereon to other persons, trusts, partnerships, General Business District as to any portion of the off-site, signalization on- firms, or corporations, for investment, building, financing, developing and all such site or collector costs, stormwater purposes, and that said persons, trusts, partnerships, fines, or corporations shall be detention costs, Route 47 tapper or right- of-way improvements, pursuant to such entitled to the same rights and privileges and shall have the same obligations as an Agreement out of% of any Sales Tax OWNER/DEVELOPER under this Agreement and upon such transfer, the obligations Receipts from users on the subject site inconformity with the United City of pertaining to the property transferred or sold shall be the sole obligations of the Yorkville Commercial Incentive Policy in existence at the date of this Agreement. —5— transferee, except for any performance bonds or guaranties posted by OWNER/DEVELOPER on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. 5. DORMANT SPECIAL SERVICE AREA and PROPERTY OWNER ASSOCIATION Owner/Developer agrees to incorporate covenants into the final subdivision plat that provide for the formulation of a Property Owners Association to be responsible to maintain all common facilities including. but not limited to. private common areas, detention ponds perimeter landscaping features and entrance signaire within the Subject Realty. Owner/Developer agrees to the City enacting at the time of final plat approval, or anytime thereafter, a Dormant Special Service Area (DSSA) to act as a back up in the event that the Property Owners' Association fails to maintain the Common Facilities, including, but not limited to private common areas detention ponds, perimeter landscaping features and entrance si gnage within the Subject Realty. Owner/Developer agrees to execute any and all documentation necessary or proper to create the Dormant Special Service Area and pay any and all fees including legal expenses, for the preparation and approval of said documentation. _ - - - TIME OF THE ESSENCE. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Deleted: s 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„to expedite the. . . - oeieted: "omai"g me "n."g subject matter hereof. It is further understood and agreed by the parties that the inehns�' successful consummation of this Agreement requires their continued cooperation. COVENANTS AND AGREEMENTS.- - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - ' - - Deleted: 6 The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement 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. BINDING EFFECT AND TERM. Deleted: 7 This 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, assignee, 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 —6— Agreement by the CITY. 9. NOTICE. _ - 4 Deleted: Deleted: I Any notices required hereunder shall be in writing and shall be served upon any other party in . Deleted: 8 writing and shall be delivered personally or sent by registered or certified mail, return receipt Deleted: , requested, postage prepaid, addressed as follows: If to the CITY: City Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: KathleeaField Orr- - - - - - - - - - - - - - - - - Deleted: 800 Game Farm Road Yorkville, IL 60560 To OWNER/DEVELOPER: Jake Land Group, LLC c/o 25615 Plantation Road Plainfield. IL 60544 With a copy to: Tony Perino 608 Lookery Ln. Joliet IL 60431 And with a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 or to such other addresses as any party way from time to time designate in a written notice to the other parties. 10. EENFORCEABILITY. - - - Deleted: I 9 This Agreement shall be enforceable in any court of competent j urisdiction 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 the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. —7— ENACTMENT OF ORDINANCES. Deleted: io 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. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of 2008. UNITED CITY OF YORKVILLE By: Valerie Burd, Mayor Attest: City Clerk JAKE LAND GROUP, LLC OWNER/DEVELOPER: By: Attest: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —9— EXHIBIT LIST Exhibit "A" Legal Description Exhibit "B" Annexation Plat Exhibit "C" B-3 Service Business District Exhibit "D" R-4 General Residence District Exhibit "E" Schonne Design Preliminary PUD Plan dated January 30 2008 —10— ♦��0 Cl;-P United City of Yorkville IL county Seat of Kendall County O ` °, 9 T 800 Game Farm Road esr H : 1636 Yorkville, Illinois, 60560 L - Telephone : 630-553-4350 Fax : 630-553-7575 Website : www .yorkville. iLus y1Ce PC tl APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST The Shoppes South Development Name: of the Fox Date of Submission: . _S ,1} la.( X07 Requesting: $ Annexation S Zoning [I Planned Unit Development [I Special Use: 1 . Name ofPetitioner(s): Jake Land Group LLC Address: 25615 Plantation Road Plainfleld 4L- ,60544 Phone Number: 708-473-8635 Fax Number: 815-609-6501 Relationship of Petitioner(s) to subject property: g Owner $ Developer )9 Contract Purchaser 2 Name of holder of legal title, if different from #1 : Jake Land Group LLC Peter Dattoli , Ronald ✓; Debbie Schmoker, Walter & Kathleen Sullivan If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3 . a) . (i) Street address and physical location of subject properly: 8614 Route 71 Yorkville IL 60560 (ii) Zoning of surrounding parcels: North: Kendall Cor my A-1 A�ric�r ural South: R-2 Residential District East: B-3 Service Business District West: —pandhig—lp t b) Legal description of property; attach as Exhibit "A". c) Total Acreage: 52 , 44 Page 1 of 5 United city of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 2/25/04 3. (can't) : d). Kendall County Parcel Number(s) of property for which PUD is sought: see. attached.—Li=s-� e) Current Zoning Classification: A-1 County 8B-3 Servica—j31.L4ines_s—Dls3rict 1). Zoning Classification Requestec See attached list PUD g) Is this properly within City limits? Yes X _ No, requesting annexation 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit B". 5 . List all governmental entitles or agencies required to receive notice under Illinois law: 6 List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: N /A. 7 Does a flood plain exist on the subject property? 8 Do Electors reside on the subject property? If so, they must execute this petition to annex, (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status ) 9 . Contact Information: Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: Attorney Darnel J Kramer 1107A S . Bridge St . . Yorkville ! L 60560 nt 5s a5nn fax55z 576u e-mail : DkramerMankramerlaw . com ti Attorney: Name: Daniel J . Kramer Address:, 1107A S . Brjdge St Yorkville It 130560 Phone Number: 553-9500 Fax Number: 553-5764 Engineer: Name: Cemconr Ltd , Address: 2280 White Oak Circle Ste , 100 Aurora IJ �i05g2 Phone Number: 862-2100 Fax Number: _362-71 g Land Planner: Name: 4shnnoa Da�ign AGG .p Address: 126 eet O wegn II 60543 Phone Number: X51 -3 ; 54 Fax Number: 551 -3639 10. 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 to "Petitioner Route, Step 1 , Fees" and/or contact the Deputy Clerk for verification of this amount) c Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope Page 2 of 5 United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 2/25/04 10 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 to "Petitioner Route, Step 1 , Fees' and/or contact the Deputy Clerk for verification of this amount) c Concept or Preliminary Site Plan: 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. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville Date: )1 n 7 Peti er(s) Sig ature: I egal property owners signatures must appear on this application ) V -- Subscribed and sworn to before me this 2ML day of ?,P nh DA , 200 . Notary Seal THIS APPLICATION MUST BE NOTARIZED. L ICIAL�% �qF EEN PUBUC .STA6120F to Paso 3 ors United City Of Yorkville Annexation..PUD.Zonin6,5pecial Use Application Revised: 11/28/06 ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST 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 Army Corps of Engineers, etc. , to allow timely review by City. `Fees: a Annexation or Annexation and Rezoning - $250 plus $10 per acre for each acre over 5 acres b Rezoning only - $200 plus $10 per acre for each acre over 5 acres c. Special Use - $250 plus $10 per acre for each acre over 5 acres d Engineering Review Fees - 1 .25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer e Planned Unit Development fee - $500 I . Engineering Review Deposit - up to 1 acre = $1 ,000; over 1 acre but not over 10 = $2,500 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $10,000 over 100 acres = $20,000 g Deposit for Outside Consultants - under 2 acres = $1 ,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i .e, legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: you must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Planning Council meets the 2ntl and 4" Thursday of the month at 9:30 am. in the City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting Attendees to this meeting include: City Administrator, City Land Planner, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director, Executive Director of Parks and Recreation, Fire Department Rep, and Police Chief. Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included In residential developments. The Park Board Planning Meeting is the fourth Monday of each month at 7:00 p m at the Riverfront Building, 301 E Hydraulic Street Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m in the Council Chambers at City Hall The Plan commission will make a recommendation for the City Council's consideration . The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject properly no less than fifteen days and no more than 30 days prior to the public hearing date A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified . Page 4 of 5 United City of Yorkville Annexation, PUD, Zoning, Special Use Application Revised: 2/25104 Step 6: Economic Development Committee: The Economic Development Committee meets the third Thursday of each month at 7:00 p m in the City Hall Conference Room All projects (regardless of a positive or negative EDC recommendation) proceed to the Committee of the Whole for discussion. The Economic Development Committee consists of three (plus one alternate) City Council members. Step 6: Committee of the Whole : The Committee of the Whole meets the first and third Tuesdays 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 Step 7: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p m in the Council Chambers at City Hall This is where all City Council voting takes place A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record . A certified mailing to surrounding landowners is not required for this public hearing Any 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, 600 Game Farm Road, Yorkville, Illinois 60560 �� Date: >�13o:1 c) / d Signature of Petitioner ` Page 5 of 5 United City of Yorkville Annexation, PUD, Zoning, special Use Application Revised: 2/25104 JAKE LAND GROUP PARCEL NUMBERS TO BE DEVELOPED 93(d) Kendall County Parcel Numbei(s) of property for which PUD is sought: 05-03-300-007 Ronald & Debbie Selnnoker Route I Box 237C Sheridan, IL 60551 05 -03-300-021 05-03-300-013 05-03-300-014 05-03-300-016 05-03-300-015 05-03-300-001 Standard Bank & Trust 4119589 7800 95°' St. , West Hickory Hills, IL 60457 05-03-300-008 Thomas .J. Heise 6610 Wing Rd. Yorkville, IL 60560 05-03-200-010 Richard S . Dattoli 1511 Kathryn Ln. Lake Forest, IL 60045 05-03-300-003 Gary W. & Lelalu Maxwell 5710 Route 71 Yorkville, IL 60560 05-03-300-006 Walter & Kathleen Sullivan 8750 Route 126 Yorkville, IL 60560 3 . f. Zoning Classification Requested: PUD (with uses to be allowed in PUD Agreement for B-3 Service Business District, O Office District, R-4 General Residence District for Assisted Living, R-2 age targeted housing . LEGAL DESCRIPTION OF HOUSE TRACT: That part of the West Half of Section 3, Township 36 North, Range 7 East of the Third Principal Meridian described as. follows: Commencing at the Center of said Section 3; thence South 00 014'45" East, along the East Line of the Southwest Quarter of said Section 3, 128436 feet; thence South 89 050'00" West, 684.42 feet; thence North 09°30'00" West, 592.27 feet; thence South 57 133' 55" West, 327.57 feet to the Easterly Line of Wing Road; thence North 21°52'29" West, along said Easterly Line, 705.85 feet to the Southerly Right•of--Way Line of Illinois Route 71 for the point of beginning; thence-South-21°S2'.29" East, along said Easterly Line, ,1I9.0 feet; tbence North . . . - 68'07'31 " East, perpendicular to said Easterly Line, 211 .0 feet; thence North 21 052'29" West, parallel with said Easterly Line, 131 .87 feet to said Southerly Right-of-Way Line of Illinois Route 71 ; thence Southwesterly, along said ,Southerly Right-of--Way Line, being a curve to the right with a radius of 11509.16 feet, an are distance of 211.39 feet to the point of beginning in K.endali Township, Kendall County, Illinois and containing 0.6060 acre. LEGAL DESCRIPTION OF BALANCE OF TRACT: That part of the West Half of Section 3, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Cornniencing at the Center of said Section 3; thence South 00°14'45" East, along the East Line of the Southwest Quarter of said Section 3, 128436 feet; thence South 89 150'00" West, 684A2 feet; thenceNorth 09 030100" West, 592.27 feet for the point of beginning; thence South 57°33'55" West, 327.57 feet to the Easterly Line of Wing Road; thence North 21°52'29" West, along said Easterly Line, 586.85 feet to a point on said Easterly Line which is 119.0 feet (measured along said Easterly Line) Southeasterly of the Southerly Right-of-Way Line of Illinois Route 7l ; thence North 68°07'31 " East, perpendicular to said Easterly Line, 211.0 feet; thence North 21 152129" West, parallel with said Easterly Line, 131 .87 feet to said Southerly Right-of-Way Line of Illinois Route 71 ; thence Northeasterly, along said Southerly Right-of-Way Line, being a curve to the left with a radius of 11509. 16 feet, an are distance of 261.03 feet to a line drawn North 09°30'00" West from the point of beg nning; thence South 09 1.30'00" East, along said line, 695.72 feel: to the point of beginning in Kendall Township, Kendall County, Illinois and containing 5.6041 acres. i Legal Description: That part of the North 1/2 of Section 3, Township 36 North, Range 7 East of the Third principal I4erldlan, described as follows: Commencing at the Northeast comer of the southwest 1/4 of said Section 3; thence South 0 degrees, 07 minutes, 44 seconds West along the East line of said Sduthwest 1/4, 1284.36 feet; thence North 89 degrees, 47 minutes, 31 seconds West, 684.42 feet; thence North 09 degrees, 32 minutes, 39 seconds West, 590.03 feet to the Southeast corner of"a tract of land conveyed to Elsie Boyd by a Deed dated March 25, 1929 and recorded December 14, 1938 In Deed record Book 66 on page 399; thence North 09 degrees, 05 minutes, 46 seconds West, 748.40 feet to the center line of Illinois State Route No, 71; thence Northeasterly along said center 6ne, being along a curve to the left having a radius _ of 1i,459,220, feet, and a_radial bearing of North 2G degrees, Sgminute�,, 30 secoUdj5. W st at the.Jastdesc[Ibed..pohrt. _ 627.46 feet; thence North 60 degrees, 02 minutes, 30 seconds East along said center line, 332.0 feet for a point of beginning; Thence South 12 degrees, 27 minutes, 30 seconds east, 264,0 feet: Thence south 84 degrees, 27 minutes, 30 seconds east, 202,0 feet: 'Thence North 0 degrees, 47minutes, 30 seconds west, 423,02 feet to said center line: Thence South 60 degrees, 02 minutes, 30 seconds West along center tine, 291,76 feet to The point of beginning, In the Township of Kendall, Kendall County, Illinois. ` 3 I THAT PART OF THE NORTHEAST, NORTHWEST AND SOUTHWEST QUARTERS OF SECTION 3 , TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS ; COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 0 DEGREES 10 MINUTES 48 SECONDS WEST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1264 .96 FEET; THENCE SOUTH 89 DEGREES 29 MINUTES 40 SECONDS WEST 680630 FEET; THENCE NORTH 09 DEGREES 33 MINUTES 27 SECONDS WEST 10 . 0 FEET FOR A POINT OF BEGINNING ; THENCE NORTH 09 DEGREES 33 MINUTES 27 SECONDS WEST' 579. 63 FEET TO THE SOUTHEASTCORNER DF- A ' TRACT`UF' LANG CONVEYED TO 'ELS (I: BOYD gy- A DEEO-DATED"MARCH _ 25, --1929 AND RECORDED DECEMBER 14', 1938 IN DEED RECORO 'BOOK 88 ON PAGE 399 ; THENCE NORTH 09 DEGREES 05 MINUTES 24 SECONDS WEST ALONG THE EAST LINE OF SAID BOYD TRACT 748 .57 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO. 71 ; THENCE NORTHEASTERLY AL( RG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 11 , 459, 2 FEET. AND..A RADIAL BEARING OF, NORTH 26 OEGREES ,49, MINUTES 15 ,THENCE NDRTIJ 60 SCONDS WEST.MINUTES 0 SECONDSEEASTTALONGRSAID CENTER6 LINE 6332. 0 FEET; THENCE SOUTHE12EES 02 DEGREES 27 MINUTES 30 SECONDS EAST 264 . 0 FEET; THENCE SOUTH 84 DEGREES 27 MINUTES 30 SECONDS EAST 202 , 0 FEET; TIIENC,E NORTH 00 DEGREES 42 MINUTES 30 SECONDS WEST 423 .02 FEET TO SAID CENTER LINE ; THENCE NORTH 60 DEGREES 02 MINUTES 30 SECONDS EAST ALONG SAID CENTER LINE 472. 59 FEET TO A LINE DRAWN NORTH DO DEGREES 10 MINUTES 48 . SECONOS EAST PARALLEL WITH THE WEST LINE OF SAID .NOPTHEAST QUARTER, FROM A" POINT THE THE SOUTH LINE OF SAID NORTHEAST QUARTER WHICH IS 598 . 62 FEET TH EASTERLY OF E SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 00 DEGREES 10 MINUTES 48 SECONDS WEST ALONG SAID PARALLEL. LINE 880 . 56 FEET TO SAID SOUTH LINE; THENCE SOUTH 89 DEGREES 34 MINUTES 48 SECONDS WEST ALONG SAID SOUTH LINE FEET SA SAID ID EASTSOUTHWEST 127O5RN. 35 FEET THENCE TO A LINE DRAWNRSQUTH lo 89MINUTES B DEGREES 40 MINUTES 33 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 40 MINUTES 33 SECONDS WEST 681 .94 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP , kENDALL COUNTY, ILLINOIS THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED . OPLA1M - 12 : 15 : 49 FS 09/05106 PARCEL 1 : THAT PART OF THE SOUTHWEST 1/4 OF SECTION 3 , TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 114 ; THENCE NORTH 0 DEGREES 08 MINUTES 09 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 , 798 . 60 FEET TO AN OLD CLA114 LINE ; THENCE NORTH 57 DEGREES 59 MINUTES 05 SECONDS EAST ALONG SAID OLD CLAIM LINE 299 . 00 FEET FOR A POINT OF BEGINNING; THENCE SOUTH 1 DEGREE 51 MINUTES 32 SECONDS WEST , 402 . 10 FEET; THENCE -SOUTH. 59- DEGREES-•25 MINUTES.,. 54 . . SECONDS EAST, 256 . 51 FEET; THENCE NORTH 59 DEGREES 55 MINUTES 25 SECONDS EAST, 355 . 65 FEET; THENCE NORTH 62 DEGREES 43 MINUTES 29 SECONDS BASTr 853 . 57 FEET; THENCE NORTH 33 DEGREES 24 b. INUTES 40 SECONDS EAST, 542 . 27 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NM49ER 126; THENCE NORTHWESTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2292 . 01 FEET AND A RADIAL BEARING OF SOUTH 29 DEGREES 23 MINUTES 51 SECONDS WEST AT THE LAST _ DESCRIBED POINT, 358 . 41 FEET TO A POINT PHiICH IS 151 . 00 FEET, AS MEASURED ALONG SAID CENTER LNE, SOUTHEASTERLY OF THE INTERSECTION OF SAID CENTER LINE AND SAID OLD CLAIM LINE ; THENCE SOUTH 45 DEGREES 05 MINUTES 49 SECONDS WEST, 265 . 70 FEET; THENCE SOUTH 73 DEGREES 54 MINUTES 28 SECONDS WEST, 102 . 86 FEET; THENCE SOUTH 84 DEGREES 11 MINUTES 54 SECONDS WEST, 280 . 96 FEET; THENCE NORTH 32 DEGREES 00 MINOTES 55 SECONDS WEST, 24 . 19 FEET TO SAID OLD CLAIM LINE; THENCE SOUTH 87 DEGREES 59 MINUTES 05 SECONDS WEST ALONG SAID OLD CLAIM LINE 789 . 92 FEET• TO THE POINT OF BEGINNING IN YENDALL TOWNSHIP, =MALL COUNTY, ILLINOIS , PARCEL 2 : A PERPETUAL EASEMENT FOR THE OPERATION, MAINTENANCE AND USE OF A SEPTIC FIELD FOR THE BENEFIT OF., PARCEL ONE HEREINABOVE DESCRIBED, UNDER AND UPON THE FOLLOWING DESCRIBED PARCEL OF REAL ESTATE CONTIGUOUS TO PARCEL ONE TO WIT : C014MENC32TG AT THE MOST NORTHERLY CORNER OF PARCEL ONE HEREINABOVE' DESCRIBED ON THE CENTER LINE OF ILLINOIS STATE ROUTE NUMBER 126 ; THENCE SOUTH 45 DEGREES 05 MINUTES 49 SECONDS WEST, 47 .. 12 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF ILLINOIS STATE ROUTE NLA4BER 126 , FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 45 DEGREES (15 MINUTES 49 SECONDS WBSTr 105 . 0 FEET; THENCE NORTH 32 DEGREES OB MINUTES 38 SECONDS WEST, .151 . 18 FEET; THENCE SOUTH 76 DEGREES 09 MINUTES 49 SECONDS EAST', 5 . 28 FEET; THENCE SOUTH 70 DEGREES 39 MINUTES 49 SECONDS EAASTr 158 . 65 FEET, TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, ALL IN KENDALL COUNTY ILLINOIS . S' V R)qr [- AL AT2 PAGE A2 VAP 10/17/06 16 : 05 : 34 PARCEL ONE: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OFN014 SOUTHWEST 1/4; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 798.60 FEET TO AN OLD CLAIM LINE; THENCE NORTHERLY ALONG SAID WEST LINE, 1118 .27 FEET A POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG A LINB WHICH FORMS AN ANGLE OF 28 DEGREES 33 MINUTES 54 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTEkcE,OCICWISE THEREFROM, 22853 FEET; THENCE SOUTHEASTERLY ALONG A LINE WHICIi FORMS AN ANGLE OP 178 DEGREES 11 MINUTES 35 SECONDS WITI4 THE LAST DESCRIBED COURSE, MEASURED" COUNTERCLOCKWISE THEREFROM, 112.67 FEET TO A LINE DRAWN PARALLEL WITH AND 160.0 FEET NORMALLY DISTANT, EASTERLY OF SAID WEST LINE), THENCE SOUTHERLY ALONG SAID PARALLEL LINE, 717.44 FEET TO SAID CLAIM LINE; TI-IENCE NORTHEASTERLY ALONG SAID CLAIM LINE, 941 .92 FEET TO A POINT ON A LINE DRAWN SOUTHWESTERLY, PERPENDICULAR TO THE CENTER LINE OF ILLINOIS STATE ROUTE N0, 126 FROM A POINT ON SAID CENTER LINE WHICH IS 1049.70 FEET, AS MEASURED ALONG SAID CENTER LINE, SOUTHEASTERLY OF THB INTERSECTION OF SAID CENTER LINE WITH THE _ CENTER LIMB OF ILLINOIS STATE ROUTE 71; TIiENCE NORTHEASTERLY TO SAID POINT ON SAID CENTER LINE OF ILLINOIS ROUTE 126 AFORESAID; THENCE NORTHWESTERLY ALONG SAID ROUTE 126 CENTER LINE AND TO SAID ROUTE 71 CENTER LINE; TIiENCE SOUTHWESTERLY ALONG SAID ROUTE 71 CENTER LINE, 30.58 FEET TO SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE, 78.83 FEET, TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRIIQCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE .SOUTHWEST CORNER OF SAID SECTION 3; THENCE NORTH 00 DEGREES 00 MINUTES 38 SECONDS EAST, ON A BEARING REFERENCED TO AN ASSUMED NORTH, 1925.21 FEET ON THE WEST LINE OF SAID SOUTHWEST 1/4; THENCE SOUTH 89 DEGREES 59 1 �I N(ITES 22 SECONDS EAST 58,55 FEET TO THE EXISTING SOUTHEASTERLY RIGHT OF WAY LINE OP A F.A.P. ROUTE 311 (IL ROUTE 71) AND THE POINT OF BEGINNING; THENCE NORTH 72 DEGREES 34 MINUTES 00 SECONDS EAST 35.28 FEET ON SAID SOUTHEASTERLY RIGHT OF WAY LINE TO THE SOUTHERLY RIGHT OF WAY LINE OF S.B,I ROUTE 66 (IL ROUTE 126); THENCE SOUTH 70 DEGREES 08 MINUTES 35 SECONDS EAST 125.66 FEET ON SAID SOUTHERLY RIGHT OF WAY LINE; TIiENCE NORTH 81 DEGREES 09 MINUTES 04 SECONDS WEST 51 .85 FEET; THENCE NORTH 76 DEGREES 30 MINI.JTES 40 SECONDS WEST 103.47 FEET TO THE POINT OF BEGINNING), IN ICENDALL TOWNSHIP, I',ENDALL COUNTY, ILLINOIS. 3 l _ PARCEL TWO: THAT PART OF THE SOUTHWEST 1/4 OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL, MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST 1/4; THENCE NORTHERLY ALONG THE WEST LINE OF SAID SOUTHWEST I/4, 795.60 FEET TO AN OLD CLAIM LINE FOR A POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID WEST LINE, 1118.27 FEET; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS AND ANGLE OF 28 DEGREES 33 MINUTES 54 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTERCLOCKWISE THEREFROM, 225.53 FEET; THENCE SOUTHEASTERLY ALONG A LINE WHICH FORMS. AN ANGLE OF 178 DEGREES 11 MINUTES 35 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED COUNTERCLOCKWISE THEREFR-OM, 112.67 FEET TO A LINE- DRAWN PARALLBL WITH AND 160.0, FEET NORMALLY DISTANT,. EASTERLY.QF .SAID WEST LINE; THENCE SOUTHERLY ALONG SAID PARALLEL LINE, 717.44 FEET TO SAID CLAIM LINE; THENCE SOUTHWESTERLY ALONG SAID CLAIM LINE, 188.42 FEET TO THE POINT OF BEGINNING, IN KENDALL TOWNSHIP, I ENDALL COUNTY, ILLINOIS. PIN: 05-03-300-013 05-03-300-014 ADDRESS: 8996 A & 8996 B Route 71, Yorkville, Kendall County, Illinois 4 _ . i j BK325 j shat part of the goathWuSt quay for of Section 7 , Sovnshlp 76 North , Range 7 East of die Shied i` rinclpal Heridinn , described as followat Commencing at the Southvest corner of snid Soutbvest geattQr ; thence North along the vast line of said Southwest quarter 1995 . 6 feet to the center lima of iinnols t'outo 71 ; thence Northeasterly along the said center Tina of Illinois Route 71 , 1411 .. 3 feet to the center line extended Northvstariy of the public toad running Southeasterly from said 1111noin Route 71 , commonly ktovu as Wing Road ; thence Southeasterly along tiro extended center line and the center line of said public road , being along a line that forms an stole of 97 degrees 25 ' to tha right Pith the prolongation Northeasterly of the tangent to the center line of said M fnois Route 71 at the lost described polar , 761 feet for the point of beginning ; thence Southwesterly along n line that forms an angle of 79 degrees 47 ' to the right with the prolongation of the last dosctibad line 265 . 6 feet to the center line or 1111eoia Route 126 ; thence Southeasterly along said center line of Illinois Route 126 to the center line of the Easterly fork of the public road aforesaid whleh runs Soukhaastercly from said Illinois Route 71 ; thence Hortheesterly along the T center line of raid public Lead to the point Of beginnings n t of Kendall , Kendall County , Illinois . Grantee hereby assumes and ugraes to pay the unpaid balance on the existing mortgage recorded in gook Page , the debt secured thereby and also hereby assumes the obligations under the terns of the Instruments creating the loan % Document No . 79-1053 , THAT PART OF THE SOUTHWEST QUARTER OF SECTION 31 TOWNSHIP 36 NORTH , RANGE '7 EAST OF THE THIRD PRINCIPAL MERIDIAN , DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER 6F SAID SOUTHWEST QUARTER; THENCE NORTH 00 DEGREES 08 MINUTES 14 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, 11995 , 75 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE NO . 71 ; 'THENCE NORTH 71 DEGREES 23 MINUTES 59 SECONDS EAST ALONG SAID CENTER LINE 30 . 45 FEET TO THE POINT OF INTERSECTION OF SAID CENTER LINE WITH CENTER LINE OF ILLINOIS STATE ROUTE NO . 126 FOR THE POINT OF BEGINNING ; THENCE NORTH 71 DEGREES 23 MINUTES 59 SECONDS EAST ALONG SAID ROUTE 71 CENTER LINE 230 . 67 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY ALONG A CURVE T4 'THE LEFT HAVING A RADIUS" QF" 11;459 . 20 FEEP'WHICH IS TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT AT THE LAST DESCRIPTION POINT, 1 , 141 . 60 FEET TO THE INTERSECTION WITH THE CENTER LINE EXTENDED NORTHWESTERLY OF WING ROAD ; THENCE SOUTH 21 DEGREES 30 MINUTES 13 SECONDS EAST ALONG SAID WING ROAD CENTER LINE 761 . 0 FEET ; THENCE SOUTH 58 DEGREES 16 MINUTES 47 SECONDS WEST 265 . 38 . FEET TO SAID ROUTE 126 CENTER LINE ; THENCE NORTHWESTERLY ALONG SAID ROUTE 126 CENTER LINE BEING ALONG A CURVE TO THE LEFT AND HAVING A RADIUS OF 21292 . 01 FEET WHICH IS TANGENT 1'0 A LINE DRAWN NORTH 72 DEGREES 57 MINUTES 06 SECONDS WEST FROM THE LAST DESCRIBED POINT 147 , 83 FEET; THENCE NORTH 76 DEGREES 38 MINUTES 49 SECONDS WEST ALONG SAID ROUTE 126 CENTER LINE 850 . 98 FEET; THENCE NORTHWESTERLY ALONG SAID ROUTE 126 CENTER LINE BEING ALONG A CURVE TO THE RIGHT AND HAVING A RADIUS OF 2 , 148 . 79 FEET WHICH IS TANGENT, TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT , 383 , 53 FEET 70 THE POINT OF EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS ; THAT PART OF THE SOUTHWEST QUARTER OF SECTION 38 TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS ; COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER ; THENCE NORTH 00 DEGREES 08 MINUTES 14 SECONDS WEST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER 1995 , 75 FEET TO THE CENTER "LINE OF ILLINOIS STATE ROUTE 71 ; THENCE NORTH 11 DEGREES 23 MINUTES 59 SECONDS EAST ALONG. SAID ROUTE 71 CENTER LINE 261 , 12 FEET TO A POINT OF CURVATURE ; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 11 ,459 . 20 FEET WHICH 1 .5 TANGENT '10 THE LAST DESCRIBED COARSE 1141 . 60 FEET TO THE INYERSEC.TION WITH ?HE CENTER LINE EXTENDED NORTHWESTERLY OF WING ROAD FOR THE POINT OF BEG I NN I NG ; I THENCE SOUTH 21 DEGREES 30 MINUTES 13 SECONDS EAST ALONG SAID WING ROAD CENTER LINE 268 . 05 FEET; THENCE SOUTH 68 DEGREE'S 29 MINUTES 47 SECONDS WEST 2DD . 0 FEET; THENCE NORTH 21 DEGREES 30 MINUTES 13 SECONDS WEST PARALLEL WITH SAID WING ROAD CENTER LINE 250 , 0 FEET TO SAID ROUTE 71 CENTER LINE ; THENCE NORTHEASTERLY ALONG SAID ROUTE 71 CENTER LINE 200 , 16 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE , KENDALL COUNTY , ILLINOIS , AND ALSO EXCEPTING , THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3 IN TOWNSHIP 36 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KENDALL COUNTY, ILLINOIS , DESCRIBED AS FOLLOWS WITH BEARINGS REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM EAST ZONE (NADB3) : COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 3 ; THENCE NORTH 01 DEGREE 35 MINUTES 30 SECONDS WEST , 1 , 995 . 04 FEET ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 TO TILE CENTERLINE OF A PUBLIC HIGHWAY DESIGNATED IL 71 ; THENCE NORTH 69 DEGREES 55 MINUTES 19 SECONDS EAST, 31 . 52 FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNING . i FROM THE POINT OF BEGINNfNG ; THENCE NORTH 69 DEGREES 55 MINUTES 19 SECONDS EAST, 230 . 66 FEET ALONG SAID CENTERLINE ; THENCE NORTHEASTERLY, 940 , 58 FEET ALONG AN 11 , 479 . 02 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING NORTH 67 DEGREES 34 MINUTES 29 SECONDS EAST, 940 . 31 FEET; 'THENCE SOUTH 22 DEGREES 56 MINUTES 31 SECONDS EAST , 60 . 03 FEET; THENCE SOUTHWESTERLY, 418 . 10 FEET ON AN 11 , 539 . 02 FOOT RADIUS CURVE TO THE RIGHT HAVING A CHORD BEARING SOUTH 66 DEGREES 16 MINUTES 29 SECONDS WEST, 418 , 08 FEET; THENCE SOUTH 59 DEGREES 24 MINUTES 09 SECONDS WEST, 71 . 10 FEET; THENCE SOUTH 25 DEGREES 14 MINUTES 24 SECONDS WEST, 60 . 52 FEET; THENCE SOUTHEASTERLY, 570 .87 FEET ON AN 875 . 00 FOOT RADIUS CURVE TO THE LEFT HAVING A CHORD BEARING SOUTH 55 DEGREES 22 MINUTES 46 SECONDS EAST, 560 . 80 FEET; THENCE SOUTH 74 DEGREES 04 MINUTES '13 SECONDS EAST, 274 . 41 FEET; THENCE SOUTH 64 DEGREES 05 MINUTES 29 SECONDS EAST', 35 . 65 FEET ; THENCE SOUTH 56 DEGREES 49 MINUTES 00 SECONDS WEST, 64 . 56 FEET TO 'THE CENTERLINE OF A PUBLIC HIGHWAY DESIGNATED IL 126 ; THENCE NORTHWESTERLY , 162 . 08 FEET ON SAID CENTERLINE BEING-A 2T291-C64 FOOT RADIUS CURVE TO THE LEFT HAViNG A CHORD BEARING NORTH 76 DEGREES '16 MINUTES 12 SECONDS WEST , 162 , 05 FEET ; THENCE NORTH 78 DEGREES 17 MINUTES 46 SECONDS WEST, 357 . 37 FEET ON SAID CENTERLINE; THENCE NORTH 53 DEGREES 52 MINUTES 46 SECONDS WEST, 96 . 76 FEET TO THE EXISTING NORTHERLY RIGHT OF WAY LINE OF IL 126 ; THENCE NORTHWESTERLY , 297 . 03 FEET ON A 990 . 00 FOOT .RADIUS CURVE TO THE RIGHT HAVING A CHORD BEARING NORTH 45 DEGREES 17 MINUTES 03 SECONDS WEST, 295 . 92 FEET ; 'THENCE NORTH 36 DEGREES 39 MINUTES 21 SECONDS WEST, 23 . 77 FEET; THENCE NORTH 77 DEGREES '19 MINUTES 38 SECONDS WEST, 84 . 74 FEET; THENCE SOUTH 69 DEGREES 03 MINUTES 36 SECONDS WEST, 100 . 61 FEET; THENCE SOUTH 69 DEGREES 55 MINUTES 52 SECONDS WEST, 149 .98 IFEET TO THE SOUTHERLY RIGHT OF 'WAY LINE OF SAID IL 71 ; THENCE SOUTH 65 "DEGREES 32 MINUTES 40 SECONDS WEST, 113 . 94 FEET TO THE CENTERLINE OF SAID IL '126 ; THENCE NORTHWESTERLY , 119 , 55 FEET ON SAID CENTERLINE BEING A 2 , 170 . 59 FOOT RADIUS CURVE 70 THE RIGHT HAVING A CHORD BEARING NORTH 69 DEGREES 20 MINUTES 17 SECONDS WEST, 119 . 54 FEET TO THE POINT OF BEGINNING . I I THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 0 07'44" EAST ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1236.84 FEET TO A POINT ON SAID EAST LINE WHICH IS 1284.36 FEET SOUTH OF TIIE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER.; THENCE NORTH 89°47'31 " WEST, 684.42 FEET; THENCE NORTH 09°32'39" WEST, 590.03 FEET TO THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO ELSIE BOYD BY DEED DATED MARCH 25, 1929 AND RECORDED DECEMBER 14, 1938 IN DEED RECORD 88 ON PAGE 399, FOR. THE POINT OF BEGINNING; THENCE SOUTH 57 058'56" WEST ALONG THE SOUTHERLY LINE OF SAID BOYD TRACT AND SAID SOUTHERLY LINE EXTENDED 352. 89 FEET TO THE CENTER LINE OF WING ROAD; THENCE SOUTH 21°28'_35" EAST ALONG SAID CENTERLINE -131 .00 FEET; THENCE NORTH 57 058 '56" EAST PARALLEL, WITH SAID SOUTHERLY LINE 323.58 FEET TO A POINT WHICH IS SOUTH 09 032139" EAST, 139.37 FEET FROM THE POINT OF BEGINNING; THENCE NORTH 09°32'39" WEST, 13937 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL$, ICENDALL COUNTY, ILLINOIS. EXHIBIT fl That part of the Southwest quarter of Section 3 , Township 36 North , Range 7 East of the Third Principal Meridian , described as follows : Commencing at the Southwest corner of said Southwest quarter ; thence North along the West line of said Southwest quarter 199566 feet to the center line of Illinois Route 71 ; thence Easterly along said center line 32 . 2 feet to the center line of Illinois Route 126 ; thence Southeasterly along said center line of Illinois Route 126 , 1049 . 7 feet for the point of beginning ; thence South- westerly At right angles to ' said center line , 839 . 9 feet to an old claim line ; thence Northeasterly along said old claim line which makes an angle of 44° 211 (measured clockwise from the last described course) 468 , 6 feet to the center line of said Illinois Route 126 ; thence Northwesterly along said eenter line 328 . 1 fleet to the point of beginning , in the Township of Kendall , Kendall County, Illinois , EXCEPT Ti1atF.,>OM THE BELOW DESCRIBED PARCEL : That part of the Southwest -Quarter of Section 3, Township 36 North, Range 7 East of the Third Principal Meridian, Kendall County, Illinois, described as follows with bearings referenced to the Illinois State Plane Coordinate System East Zone (NAD83): Commencing at the southwest comer of the Southwest Quarter of said Section 3; thence North 01 degree 35 minutes 30 seconds West, 1 ,995.04 feet along the west line of the Southwest Quarter of said Section 3 to the °centerline of a public highway designated IL 71 ; thence North 69 degrees 55 minutes 19 seconds East, 31 .52 feet along said centerline to the centerline of a public highway designated IL 126; thence southeasterly along said centerline, 399. 15 feet along 6 '2, 170.59 foot radius curve to the left haVitfg e chdfd 'bearing of South 73' degrees 01 minute 41 seconds East, 398.58 feet thence South 78 degrees 17 minutes 46 seconds East, 649.36 feet along said centerline to the Point of Beginning. From the Point of Beginning, thence South 78 degrees 17 minutes 46 seconds East, 172. 16 feet along said centerline; thence southeasterly along said centerline, 162.08 feet along a 2,291 .64 foot radius curve to the right having a chord bearing of South 76 degrees 16 minutes 12 seconds East, 162.05 feet; thence South 56 degrees 32 minutes 11 seconds West 65 .83 feet; thence North 74 degrees 04 minutes 13 seconds West, 5.13 feet; thence North 65 degrees 29 minutes 14 seconds West, 50.57 feet, to the southerly right of way line of IL 126; thence northwesterly, 61 . 11 feet on said right of way line being 'on a 2,251 .64 foot radius curve to the left having a chord bearing of North 77 degrees 31 minutes 09 seconds West, 61 ,11 feet; thence North 78 degrees 17 minutes 46 seconds West, 172.27 feet along -said south right of way line; thence North 11 degrees 52 minutes 19 seconds East, 40.00 feet to the Point of Beginning, containing 0.297 acre more or less, of which 0.290 acre, more or less, is lying within public road right of way, situated in the County of Kendall and State of Illinois, hereby releasing and waiving all rights under and by virtue of the Homestead Exemption Laws of the State . C/r� Reviewed By: Agenda Item Number O n Legal E-1 6 #w �d Finance ❑ EST. ;- `_ - 1836 Engineer 1:1-� -- Tracking Number 4 I� y City Administrator ❑ 9 a O Consultant ❑ [DC 01008 ❑ Agenda Item Summary Memo Title: Lincoln Prairie—Zoning Ordinance Meeting and Date: EDC/May 1, 2008 Synopsis: Ordinance to zone the subdivision M-2 General Manufacturing District as obligated by May 24, 2005 Annexation Agreement provision. Council Action Previously Taken: Date of Action: May 24, 2005 Action Taken: Approved Annexation Agreement Item Number: Type of Vote Required: majority Council Action Requested: approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: Attached find draft ordinance approving the rezoning and Annexation Agreement. Refer to section 1 of the annexation agreement regarding the zoning provision. During plan review for Lot 2 of this subdivision, staff recognized that the ordinance approving the rezoning as agreed to in 2005 has not been approved. STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) Ordinance No. 2008- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Lincoln Prairie) WHEREAS, Donald J. Hamman and Carol S. Hamman (the "Owners") are the legal owner of record of property described on Exhibit A attached hereto and incorporated herein (the "Property"); and, WHEREAS, the Owners of the Property have made application by petition for the rezoning of the Property pursuant to an Annexation of the Property; and, WHEREAS, Owners have previously entered into an agreement for annexation and zoning of the property; and, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville that the City Code of the City of Yorkville be amended as follows: Section 1 . The City Council hereby concurs with the recommendation of the Plan Commission and hereby rezones the property as M-2 General Manufacturing as described on attached Exhibit B; and incorporated herein. Section 2. The Property shall be developed according to the terms of an Annexation Agreement approved this date by the Mayor and City Council. Section 3: This Ordinance shall be in full force and effect immediately from and after its passage and approval according to law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. City Clerk ROBYN SUTCLIFF JOSEPH BESCO ARDEN JOE PLOCHER WALLY WERDERICH GARY GOLINSKI MARTY MUNNS ROSE SPEARS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 2008. Mayor 2 d ur � iul 'i,l , 1L� ilUa F. STATE OF ILLINOIS ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF LINCOLN PRAIRIE YORKVILLE R71-IEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILLS 11 -15. 1 . 1 , as amended, for the execution of said Annexation Agreement has been fully complied with; and Page I of 3 WHEREAS, the property is presently contiguous to the City NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1 : The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OBARE t JOSEPH BESCO w� VALERIE BURD _ PAUL JAMES DEAN WOLFER MARTY MUlsNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this .. Day of A.D. 2005. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2005. ATTEST: < 27% . . a - ` CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 I Page 3 of 3 i I ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning LINCOLN PRAIRIE YORKVILLE WHEREAS, DONALD J. HAMMAN and CAROL S. HAMMAN, OWNERS/DEVELOPERS of the property described in Exhibit "A" (hereinafter "OWNERS/DEVELOPERS") have requested the United City of Yorkville, Kendall County, Illinois (hereinafter "CITY") to annex the said real property into the CITY; and its Plan Commission has heretofore approved the proposed land uses and the zoning of the same; the Subject Property is illustrated on the survey of Atwell-Hicks, Inc. dated May 23, 2003, last revised 5/23/2003, Exhibit "F"; and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which Exhibit real property heretofore described in Exhibit "A ' will be annexed to the CITY in an orderly manner; and further 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 and 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 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, under the terms and authority provided in 65 ILCS 5/11 -15 through 65 ILCS 5/11 -15.1-5, as amended, as follows: 1 . ANNEXATION AND ZONING: The CITY shall adopt an ordinance annexing to the CITY all of the real property described in the attached Exhibit "A" as designated in the attached Annexation Plat incorporated herein as Exhibit "B" and the CITY in said Ordinance shall zone the real property described on Exhibit "A", subject to the further terms of this Agreement as M-2, General Manufacturing District, with the specific Special Uses as permitted uses, as illustrated on the Zoning Exhibit by Schoppe Design Associates dated 1/13/2005, last revised 5/23/2005, Exhibit "E"; Parcel 6 on Exhibit F may be used as a Public Works Facility. Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit "C", M-2, General Manufacturing District, and said real property shall be Page 1 of 11 used and developed in accordance with 65 ILCS 5/11 -16- 1 through 65 ILCS 5/11 -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 Exhibit " E" and CITY and O WNERS/DEVELOPERS will each undertake the following duties, covenants, and obligations: A. i. OWNERS/DEVELOPERS and CITY which shall provide that upon approval and execution of this Annexation Agreement by the CITY, OWNERS/DEVELOPERS shall immediately dedicate for right-of-way purposes as depicted on the Plat of Dedication of right-of-way incorporated herein as Exhibit "D". ii. Said dedication shall be to the CITY and shall be at no cost to the CITY. iii, The internal roadway on the Subject Property shall be designed and constructed by OWNERS/DEVELOPER to accommodate heavy truck traffic not exceeding 80,000 pounds to conform with Class H Road Standards under the Illinois Motor Vehicle Code, including the large tractor trailers that bring aggregate trucks, and heavy construction vehicles. Perimeter Roads: OWNERS/DEVELOPER shall improve Eldemain Road adjacent to Parcel s to Kendall County standards; OWNERS/DEVELOPER shall improve Corneils Road, Faxon Road, and Beecher Road to CITY standards at such time as is necessary for the concurrent use of the Perimeter Roads for development in the Property. It is contemplated that the 1423 feet of West Beecher adjacent to the Property will be maintained as a tar and chip road to direct truck traffic from the Property to Eldemain Road. So long as West Beecher is maintained as a tar and chip road, OWNER/DEVELOPER will pay/reimburse the CITY for one half of the maintenance cost for West Beecher Road, If OWNER/DEVELOPER develops Perimeter Roads or other off site improvement, the CITY will enter a recapture agreement or agreements with OWNER/DEVELOPER to recapture from adjacent owners one half of the costs of perimeter roads expended by OWNER/DEVELOPER or Page 2 of 11 the reasonable sharing of other off site improvement. The improvement costs shall include engineering and c onstruction costs. T he C ITY shall adopt the recapture ordinance within ninety (90) days following notice from OWNER/DEVELOPER that the facilities are complete, and upon the certification of actual costs by OWNER/DEVELOPER's engineer and approval by the City Engineer. The recapture ordinance shall provide that OWNER/DEVELOPER to be paid a reasonable amount of interest on the amount expended in completing the improvements, which interest shall be calculated from and after the date of completion and acceptance of the improvement and for payment of all recapture sums due at the time of annexation and use by any benefited property owner. B. This Agreement between the CITY and OWNERS/DEVELOPERS specifically grants authority by OWNERS/DEVELOPERS: i. 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. ii. Consent to the rebate of 50% of sales tax revenue to OWNERS/DEVELOPERS of this development and Annexation Agreement with the CITY, as to sales tax revenues generated on the subject property to this Agreement (as described on Exhibit A) , in order for OWNERS/DEVELOPERS to recover the cost of road and related public improvements over the areas of OWNERS/DEVELOPERS real property, including public improvements to perimeter roads and public offsite improvements required for the development described in Exhibit 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 vaned by this Agreement. In connection with the development of the entire real parcel being annexed, the CITY and OWNERS/DEVELOPERS agree as follows: A. The development of the entire real property which is currently being annexed as described in Exhibits `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-way 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 Page 3 of 11 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 rebate amounts described in this Annexation Agreement and reimbursed to the OWNERS/DEVELOPERS from sales tax revenues generated on the site. C. Storm water detention facilities can be constructed in stages with capacity for storm water detention facilities based upon the need of each phase or unit as developed taking into account the detention capacity that is required on OWNERS/DEVELOPERS' real property to serve the parcel. D. OWNERS/DEVELOPERS shall require in any lease or contract of sale and license to the batch plant operator or other special use approved on the Subject Property that all or any sales from the concrete batch plant or other special use shall be invoiced from the Subject Property and that all sales tax be reported as received at the Subject Property. E. 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 requirement, 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 respect with the conditions and requirements of all ordinances of the CITY applicable against property similarly situated a nd z oned w ithin t he C TTY as s itch o rdinance m ay exist from t ime t o time subsequent to Annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are changes to said ordinance, regulations, or codes which are less restrictive in their applications to similarly situated and zoned lands, then the OWNERS/DEVELOPERS, at their election, shall be entitled to like treatment with respect to the Subject Property being annexed herein. F. It is understood and agreed that all subsequent amendments of this Agreement, plats of subdivision, or any development of the 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. Page 4 of 11 I G. i. It is agreed that other than the existing ordinances dealing with land cash donations for the schools, parks and fire protection districts; 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. H. i. The parties hereto agree that the Subject Property may continue to be used for existing agricultural uses, until the Subject 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 or 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 fire fighting 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 the balance of the required on-site subdivision improvements not required to serve said lot or building may be constructed in phases, consistent with each Page 5 of 11 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 for the development of the Subject Property. 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, firms, or corporation 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 improved 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 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 tern of this Agreement and shall insure 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 Statues 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 therefrom and the remainder of the Agreement shall not be affected thereby. Page 6 of 11 I i i 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. 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 terns and conditions of this Agreement are contingent upon OWNERS/DEVELOPERS and CITY entering into this Annexation Agreement providing for the enforceability of the joint obligations effecting Parcel "A ' of OWNERS/DEVELOPERS and the real property described in this Agreement. 6. NOTICES: Any notice required or permitted by the provisions of this Agreement s hall b e i n writing and s hall b e d eemed e ffectively given o n t he d ate o f p ersonal delivery or confirmed telefacsimile transmission or on the second business day following deposit in the U.S, Mail, certified or registered, return receipt requested, postage prepaid, and addressed to the Parties at the following addresses, or at such other addresses as the Parties may, by notice, designate: If to the CITY: 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 Lwyeth(cdvorkville.il.us Page 7 of 11 If to Owner: Donald J. Harriman 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 P.O. Box 273 North Aurora, IL 60542-0273 (630) 264-7893 Fax: (630) 264-13 10 dugganjpd a,aol.com 7. ENFORCEABILITY This Agreement shall b e enforceable in any C ourt of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said Agreement becomes unenforceable due to any changes in Illinois Compiled Statutes or Court decisions, said enforceable portion of this Agreement shall be excised 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. IN W ITNESS W HEREOF, the P arties h ave e xecuted t his A greement o n t he d ate first above written and, by so executing, each of the Parties warrants that it possesses full right and authority to enter into this Agreement. CITY OF YORKVILLE, an Illinois Municipal Corporation Arthur Prochaska, Jr., Mayor Attest N-�1� erk Page 8 of 11 OWNERS/DEVELOPERS Donald J. Hamman, Carol S . Hamman and Five H, LLC onald J. Hamm Carol S. Hamman Five H, LLC By C1.bwvwu �� Donald J. H , its Manager Page 9 of 11 STATE OF ILLINOIS ) j SS COUNTY OF KENDALL ) 1, t he u ndesigned, a Notary Public i n and for s aid C ounty, i n the S tate aforesaid, D O HEREBY CERTIFY, that Arthur Prochaska, Jr. , Mayor of the City of Yorkville and Jackie Milsctrewski, 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 fi-ee 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 Cleric 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 J ''`t` 'clay of ` _1c e ._.--�� , 2005 . r ,r t � E t Notary Public STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) I, t he a ndesigned, a N otary P ublic i n and f or s aid C ounty, i n t he S tate aforesaid, D O HEREBY CERTIFY, that Donald J. Haumran, individually and as manager of Five H, LLC, and Carol S . Hamrnan, 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 _ U'o day of e t 'v 2005. —, N Lary Public`- OFN P,AL SEAR JOHN P, DUCt�AN NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 2.13-2009 ^my CO-. 4 ^.n�v .y,n..ti ^rvM Page 10 of 11 EXHIBIT LIST Exhibit "A" Legal Description of the entire parcel, the Subject Property Exhibit `B" Plat of Annexation Exhibit "C" M-2 General Manufacturing District Ordinance Exhibit "D" Plat of Dedication Exhibit "E" Zoning Exhibit Exhibit "F" Plat of Survey prepared byAtwell — Hicks, Inc. dated May 23, 2003 last revised 5/23/2003 M:\My PaperPort DocumentsViAMMAN COMED ANNEXATION YORKVILLEILIncoln Prairie Yorkville Annexation Agreement 17MAy2005.doc Page 11 of 11 i EXHIBIT "A" LEGAL DESCRIPTION OF THE ENTIRE PARCEL, THE SUBJECT PROPERTY CHICAGO TITLE INSURANCE COMPANY yy�� OWNER'S POLICY (1992) L-I NCDLN i�y11C:31j' SCHEDULE A (CONTINUED) POLICY NO . : 1410 000518963 AU 5 . THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS : PARCEL ONE : THAT PART OF THE SOUTH 1/2 OF SECTION 18 AND THE NORTHWEST 1/4 OF SECTION 19 , ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1 /4 OF SAID SECTION 18 ; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 , 1030 . 91 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SOUTH EAST, 3352 . 25 FEET ; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE CHICAGO , BURLINGTON AND QUINCY RAILROAD, 844 . 76 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 181 231 . 91 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE , - 852 . 71 FEET ; THENCE NORTH 73 DEGREES 28 MINUTES 36 SECONDS WEST, 514 . 80 FEET TO THE SOUTH LINE. OF SAID SOUTHWEST 1/4 ; THENCE SOUTH 88 DEGREES 38 MINUTES 24 SECONDS WEST, ALONG SAID SOUTH LINE OF SAID SOUTHWEST 1 /4 1816 . 32 FEET TO THE POINT OF BEGINNING , IN KENDALL COUNTY, ILLINOIS PARCEL TWO : THAT PART OF THE SOUTH 1/2 OF SECTION 18 , TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST I CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION ; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4 , 1917 . 41 FEET, TO THE POI14T OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION, 3126 . 88 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE , 223 . 50 FEET ; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 886 . 50 FEET ; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON SAID WEST LINE, 3352 . 25 FEET ; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST , ALONG SAID WEST LINE , 886 . 50 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY , ILLINOIS PARCEL THREE : THAT PART OF THE WEST 1/2 OF SECTION 18 , TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 18 ; THENCE SOUTH 00 DEGREES 00 MINUTES 54 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4 , 1929 . 92 FEET TO THE POINT OF BEGINNING ; THENCE SOUTH 89 DEGREES 01 MINUTES 27 SECONDS EAST, 565 . 21 FEET; THENCE SOUTH 59 DEGREES , . 16 MINUTES 25 SECONDS EAST 913 . 73 FEET ; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST, 191 . 76 FEET ; THENCE SOUTH 23 DEGREES 01 MINUTES 57 SECONDS EAST, 820 . 55 FEET ; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION , SAID POINT BEING 1917 . 41 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID SECTION AS MEASURED ALONG THE WEST LINE OF SAID SECTION, 1671 . 52 FEET; THENCE NORTH 00 CONTINUED ON NEXT PAGE THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED . oru;m AEM 10/30/ 03 14 : 34 : 45 CHICAGO TITLE INSURANCE COMPANY OWNER'S POLICY (1992) tic L N �a6 SCHEDULE A (CONTINUED) POLICY NO . : 1410 000518963 AU i DEGREES 00 MINUTES 54 SECONDS WEST , ALONG SAID WEST LINE TO THE WEST QUARTER CORNER OF SAID SECTION, 722 . 59 FEET ; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION, 702 . 00 FEET TO THE POINT OF BEGINNING , IN KENDALL COUNTY , ILLINOIS PARCEL FOUR : THAT PART OF THE SOUTHEAST 1/4 OF SECTION 18 , TOWNSHIP 37 NORTH , RAGE EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTH {QUARTER CORNER OF SAID SECTION 18 ; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG THE NORTH AND SOUTH QUARTER LINE , 3437 . 83 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST, 223 . 50 FEET TO THE POINT OF BEGINNING ; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE EAST 1/2 OF SAID SECTION, 1102 . 80 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 12 SECONDS EX.ST , ALONG SAID EAST LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE CHICAGO BURLINGTON AND QUINCY RAILROAD, 1423 . 23 FEET ; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST , ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT 231 . 91 FEET NORTHEASTERLY OF SAID QUARTER LINE AS MEASURED ALONG SAID NORTH RIGHT-OF-WAY LINE , 1147 . 75 FEET ; THENCE NORTH 00 DEGREES 08 MINUTES 07 SECONDS WEST, PARALLEL WITH SAID QUARTER LINE , 1731 . 26 FEET TO THE POINT OF BEGINNING , IN KENDALL COUNTY, ILLINOIS PARCEL FIVE : THAT PART OF THE NORTHWEST 1/4 OF SECTION 18 , TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF SAID NORTHWEST 1/4 ; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST , ]:,.T LONG THE NORTH LINE OF SAID NORTHWEST 1/4 , 1643 . 82 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST 1385 . 95 FEET ; THENCE SOUTH 89 DEGREES 59 MINUTES 08 SECONDS WEST, 1644 . 76 FEET TO A POINT ON THE WEST LINE OF SAID NORTHWEST 1/4 , 1644 . 76 FEET ; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE , 1339 . 30 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS PARCEL SIX : THAT PART OF THE NORTHWEST 1 /4 OF SECTION 18 , TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST 1/4 ; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST , ALONG THE NORTH LINE OF SAID NORTHWEST 1/4 , 1643 . 82 FEET TO THE POINT OF BEGINNING ; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID NORTHWEST 1/4 , 1477 . 01 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST , ALONG THE EAST LINE OF SAID NORTHWEST 1/4 , 926 . 62 FEET ; THENCE SOUTH 89 DEGREES 59 MINUTES 08 SECONDS WEST, 163 . 69 FEET ; THENCE SOUTH 00 DEGREES 00 MINUTES 52 SECONDS EAST, 252 . 72 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 08 SECONDS EAST, 164 . 12 FEET TO A POINT ON SAID EAST LINE ; THENCE SOUTH. 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG SAID EAST LINE , 249 . 67 FET; THENCE SOUTH 89 DEGREES 5 ; MINUTES 08 SECONDS WEST 1477 . 90 FEET ; THENCE NORTH 00 DEGREES 04 MINUTES 45 SECONDS WEST 1388 . 90 FEET TO THE POINT OF BEGINNING , IN KENDALL COUNTY , ILLINOIS i THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED , OPO[AS2 10/30/ 03 14 : 34 : 47 EXHIBIT "B" PLAT OF ANNEXATION i �X�tiGr`f � 31 HigxgRF 2 .�gRP I �d.[A�p�R�R€ B z�AA PAg &d i I lip � €N it . pz hrA 6es b 'JAlai5 aae edt° R • A°.€9918d • �� plpt0 z 5ef.��,°°°555v Ep gen ° € { Al eAYRA°Sp-fix €4n 9 py�f 4sB9pz5�H f�giS iitr °R IR {� @@ €f .6Rii @ 3 1d. "4 A€ ® � T IEfu�aiE€p °;¢d €AHe9 ' r4p® R4 •9e"d? e°�1 g°rg 4 R !E i 96� € ° d . zbHR '1 �„�ddgH° 1 vFeA R :d rFH E E� € gg �nF a€S. ypS ay 4 €gaAF EIHg° � a dlaP i� € p�n8 &Bipg Mlco A[QSSppcv e R it q r @y € F -vRFp 3a ggg"< $ $ A g �g Sgeggld it'll ° R �a [ p°9!8 itA edaH!•4R 3H €°A�If 66g� E E °v 4 4 E �:IC'E :v pd -°ev, @*€°Pee° u!!°A H��p p9 it ge0 i@ p H H AeAr�ee€ pF3 = RSQ BE°E��5°p�E�4 r @°Ay IV eiiiH HA Bf.v H°epp! �pi sid {a pc S6[ bf �� d4 z ]] 4 B A7g tl` € f�Pp';pH: A ``�j5A €e{pp 9pp °€ a iRrE9 ° I 4 &1 eE a c @e!r A x Ae a 4R Fe1iRd a E. 1�Rd aM Ei B�e @¢@$±� HESke 5 £ 5 "R90AAli;}�� _"43 H aR �H3 �4dR�a �R :€sae ' 44 S a eer4 'C:"d �' e g eBHye G 4,H 2 AAEEffr ieg�pjy $i°r.•[ ! A$ 9E E p gfFr 3 g $ggN ie gg lY'1gp1 ldreA�0�3z Al Rr# HppH°zApp^ep�pSk9S ° € e 9A g g4��ad gFF§ �ABza�g� ABgH€i€6'Gfx�° A 3 S $ 0A�(r(p�g3.{,3,[1111 A e 9Ae 4�A4 € f '' 'v Y1ng i1. R & e€e'4Kdg ; IeAHHt a AtR6 H 1 9 € o v e R d Rj �V ! !^ p it ea aZ it A tiDARIA/N ke.:s,' �- .—.__.' 'k'-"�� ��-n.r ����, '...` �C'��-eR .1 a�_ 8F e"..�C�vF^L�a'P -'S`naa"9'`s3�• Ar.r3.anm Ia MEE y .�.a�, ..r .��.`. »��••y�..'^.�+'.y'^"'�. ..e'er. . O EK`rry-IS �4 lei a MOM g g$ � a8 R � � � qq 4 ads �� c 4 ri aa R � P gp et 3d ifiP S A 4t 5gq E N� 1 nd € =A@ Em EXHIBIT "C" M-2 GENERAL MANUFACTURING DISTRICT ORDINANCE I I 10-88-1 10-8B-2 CHAPTER 8 MANUFACTURING DISTRICTS ARTICLE B, M-2 GENERAL MANUFACTURING DISTRICT SECTION: 10-8B- 1 : Uses Permitted 10-8B-2: Conditions of Permitted Uses 10-8B-3: Special Uses 10-8B-4: Yard Areas 10-88-5: Lot Coverage 10-8B-6: Floor Area Ratio . 10-8B-7: Signs 10.86-1 : USES PERMITTED: The following uses are permitted: Any use permitted in the M-1 District. Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which conforms to the performance standards established for this District' . Cement block manufacture. r„ Contractor or construction such as: building, cement, electrical, refrigeration , masonry building, plumbing, roofing, air conditioning, heating and ventilating, fuel oil, with a storage of fuel oils, gas and other flammable products limited to twelve thousand (12,000) gallons per tank, with a total storage on zoning lot not to exceed fifty thousand (50,000) gallons. (Ord. 1973.56A, 3-28-74) 10-8B-2: CONDITIONS OF PERMITTED USES: All. permitted uses are subject to the following conditions: 1 . See Section 10.8.1 of this Title. City of Yorkville I � C e 10-88-2 10-88-5 A. All production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards set forth in Section 10-8-1 of this Title. B. Within one hundred fifty feet (150) of a residence district, all business, production, servicing, processing and storage shall take place or be within completely enclosed buildings; except, that storage of materials or products may be open to the sky provided the storage area is enclosed with a solid wall or fence, as required by the Zoning Administrator. However, within such one hundred fifty feet (150') of a residence 1 district, off-street loading facilities and off-street parking of motor vehicles under one and one-half (00 tons' capacity may be unenclosed, except for such screening of parking and loading facilities as may be required under the provisions of Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) 10-813-3: 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 which may be allowed as a special use in the M-1 District. Railroad repair shops, maintenance buildings and switching yards. Stone and gravel quarries and crushing, grading, washing and loading equipment and structures, provided the land is redeveloped by the owner in accordance with a plan of redevelopment approved with the granting of the special Else permit and is accompanied by a bond in the amount of the estlmgted cost of redevelopment. (Ord. 1973-56A, 3-28-74) 10-8B-4: YARD AREAS: All yard areas shall be the same as required In the M-1 Limited Manufacturing District. (Ord. 1973-56A, 3-28-74) 10-813-5: LOT COVERAGE: Not more than sixty percent (60%) of the I area of a lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) City of Yorkville 36 10-8B-6 10-8B-7 10-8B-6: FLOOR AREA RATIO: Not more than 0.85. (Ord. 1973-56A, 3-28-74) 10-86-7: SIGNS: The use of signs in this District shall be subject to the same regulations as set forth in Section 10-12-3 of this Title. (Ord. 1973-56A, 3-28-74; 1994 Code) i i City of Yorkville EXHIBIT "D" PLAT OF DEDICATION i eq �F$',f fF $ EE A`R§ i °'e}}Est It I= ? r g3 �F g °E 8 Si a _A•. E ! t Fg. A p g[E EA a $€Std @stA • ' A g pE; g t i E g��Tpt Egt �° v I eC& id q 'E�� a p t EF i[=e E§e l C e. jj I t. F et ° 'z } xlE ECDANAIN ROAD i � i "4 O E 1I X1 1 -� Nwr sRa r:�AJM1..o ° t � ' i • � tg. v i Ev lq`gx1mal FA s x%Apt tx€ AEtAy sp It1°A €i 'EgFAp °xpg�p€ dAE x $?"A,r �F� itg1 :° t +�xpgE g. aASt 1 al°t3 . Rg n � E 9� E�iS • 4g A �ya�`t9 �-°0AS�° E x�EF FvYjv x � vtFFEe° c F° txE E_¢Fav v lit ,,i``1t"[[ CAp x p Yp ggE ¢¢�F�taFE�aapp I 0. d @@kk �eEE E jEj 9 �° I F °` 9 AxpE°�a EiE xAA x � x 6'e d a EE ymps C q AggE ...p.. 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'3 H Ea ° a €4 - - ZW § £" i.o` 'ga' $ s £'SS €CS' 4$e gz�R4g.5 p 4 £ axe4: E£$'a aa[[ 4iPe4°s ss a , E 65 84£�SBB€4 p!1 B-E Sv' 3A at ^TFe4 @WS £ne$S QEy RB EWN Qi ae F 9 5 9„ 2 q 8 § 44"&`yx4£e BB§>£=`s In Bg ay E1 H€ RISE,s394 BsEa e4x @x0¢qa ££°a R, I'Z §€aa$a a &� 6 0 33g4%a5$P5b 4 3¢% 1? a S'H �xa.yy sk 55 a @§ ® eae t@9§ 5 �°. as @§ @gg �§' Fin 5 bxv 439 as�§£ a � y aE " e..e £ Fu(.H d`aF 3$ $3 @F�td XJ y }jp@9 ;aw�s§F �g.r, a a 4 a, ag ia? $§ 3% 4 ; .. a � _ EXHIBIT "F" PLAT OF SURVEY PREPARED BY ATWELL - HICKS, INC. DATED MAY 235 2003 ; LAST REVISED 5/23/2003 EYE1 �F Z ?3 i3r � B�INi� E� E ztF, g I�S°qqqy,iet `�� �EFi 4b��i Ip[�S E9Ei9�'i� 3[c�R 8s�E51 __ H r�S� ° € ➢ n c' ci x;3 e Mir.. m rnn62 I ONE e� _ o W eF+� 1rytFBBi s - _ � o u R Yp 5 ,K[ � &Fi �' Cx pp 14 s�fiqq'• d... K � ..4 ., rl � SC a g°g gRg �` j ^ �ECr wg 7• n l° 31 A �]• • �'EI V d' St t 4g" PF g! aa•' tt pr •\fL.95 �T'TF6N� UN9P � § i E .L .. w�....m.. I y$y r nx . � .•.•,4 S Z T . --Wm,[WV [x F •mY ne.Y' �� $ 3 9 C a warmwe ot j 8� d "y a "r•�., p gr..lxx. m.e[ € O .. I .,fit` �e °e • a 37W O kolMli __ dF . x + { r. SW P i r:y=c .>m[ N 5X 9 8 �y gI - SUM t ��W 1 [ $�,,WWWE F ii ''� `• a � I I!{S�F j � c°c�gWg$�ISt1 :5iWxi � E - •s;61 r . > $FW [ peE S89F €x m-=I=tt AR Wll � r, i W [ou TM [vrsox [xmx., p vf;PUN1:' " laa ATW,ar[EL+laLilL+ m•' m T[em . PLAT OF SURVEY STt9 T3L n ro WSM z M, KENLRL OU;K IUM 06• ®nr g x= r vR3 �• EiLBA�t,1�g {F60 �S4 i e5 t[ it "i mR €d �i igpf�;k peg s5A @� MAP i'@ 0 m n 0 0 z A . fea es ;`@pa["dkaq ppa pifa@s: S&=55 F @ 561 So.er " � €fk a :1 'fi Ek.H6gegdel$kak.d€g e E °p —'F e35akfi° ik 35R y @��pj$kEgY�!kc ECi kP.d§k a e @ ?Skg�s gk R§!9 @ yel:fd ktk€k9vl6.$e@rEt^E @ EkS-d�g'4�`at s'�s$5°v 9ed-s'J=9�Q ` gv@ Eae"k gg@kt e ke6agg.Y3S.e°eY @ sP 20 v J 4; s .. � MID a e ek? 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Sg6 gS€ f b a sgFg €fie SI° k{fd Etd as § p¢53S{g; v e5=t $8 R^ FFia.R`6§`6f = � a __ @€,�& 8 , 5k snwFi31@�$ ;d @pEa 9g dg s¢ &FsEiE r ! Y aR 88 @ $ ab r I all a k°� w 9 M.ieis � kMUL e, vs� ATWE0.LLHICK$ INC. PLAT OF SURVEY F f SCD'ADN I4 NSNN,ANC, AMAMI.TOWNSHIP, a I I wal°s°v`@`n®iS'n ms§n.a'e KENDRILCgiHTY,ILLINOIS C/Ty Reviewed By: Agenda Item Number O J � n Legal ❑ Old Business #1 EST. Z las El s Engineer Finance ❑ 1 Engi Tracking Number City Administrator ❑ M., Consultant ❑ PC 2008-04 Agenda Item Summary Memo Title: Yorkville Town Center(Raycorp)—PUD Amendment and Rezoning Request Meeting and Date: EDC 5/1/08 Synopsis: Request to amend PUD Agreement and rezone to PUD zoning classification. Council Action Previously Taken: Date of Action: 2/13/08 Action Taken: Plan Commission Public Hearing 3/25/08 City Council Public Hearing Item Number: Type of Vote Required: Majority Council Action Requested: Approval Submitted by: Travis Miller Community Development Name Department Agenda Item Notes: See attached report. k�D C/A� �� � O Memorandum To: EDC EST leas From: Travis Miller CC: Lisa Pickering (for distribution) 0 1 os ,� Date: April 23, 2008 y y� Subject: PC2008-04 Yorkville Town Center (Rezoning and PUD Agreement E ,mod Amendment) PC 2008-04 Raycorp - Rezoning (R-2 Duplex to PUD) and Concept PUD Request Background The Plan Commission conducted a public hearing February 12, 2008 to consider a request to amend the zoning classification from R-2 Duplex to PUD and consider the Concept PUD Plan. The Plan Commission action was as follows: - Motion to recommend rezoning to PUD classification subject to addressing staff comments and the following items in the amended PUD Agreement: • Provide access to the property to the south (Pottinger); • Require development to adhere to the `dark sky' requirements for parking lot lights and building lights; • Provide a minimum of two points of ingress/egress to the property, including one across property to the east (Hughes); • Require improvements of Route 71 to include dedicated turning lanes at the entrance in the event IDOT does not require; 8 ayes; 0 no - Motion to recommend approval of the Concept PUD Plan subject to staff comments. 8 ayes; 0 no 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) Comprehensive Plan Recommendations relevant to this site: e The Comprehensive Plan Land Use Plan for the property recommends Transitional Neighborhood. • The Comprehensive Plan identifies Route 71 as a "gateway corridor." Given this distinction, attention should be given to the landscaping along this route along with providing trail/sidewalk to connect into the surrounding properties. Staff Comments: Amended PUD Agreement: • Attached to this report is a draft First Amendment Annexation and PUD Agreement for Yorkville Town Center. Staff has reviewed this document and recommends the modifications as noted on the attached. Notes: Plan Commission recommendations have been addressed in the agreement as follows: • Article IV Section 2 — provision added to "provide access to the property to the south (Pottinger)'; • Article III Section 3 — provision added to "require development to adhere to the `dark sky ' requirements for parking lot lights and building lights '; • Article IV Section 3 — provisions added to "provide a minimum of two points of ingress/egress to the property, including one across property to the east (Hughes)", and to "require improvements of Route 71 to include dedicated turning lanes at the entrance in the event IDOT does not require"; • Economic Incentive Provision: • Article IV Section 17 includes the terms proposed for the Economic Incentive Agreement proposed for this development/property. Staff has requested a detailed itemization for the $ 1 .6 million amount requested. Assuming the EDC's approval to rebate sales tax revenue in this amount, the terms of the agreement should include: ■ a maximum rebate of 50% of sales taxes generated annually; • A cap of 12 years; • A minimum requirement for the size of the anchor as well as the ancillary retail uses to be occupied on the property. • Staff has researched the revenues generated by a similar grocery anchor (Jewel and Yorkville Marketplace) and, the total sales tax generated at Jewel/ Yorkville Marketplace were $ 1 .5 million between January 2004 and March 2007. Assuming a similar pace of occupancy and sales, 1 .6 million in 12 years is a reasonable time period. Concept PUD: • A 10' wide pedestrian trail should be provided along the entire length of the property frontage that parallels Route 71 . • A tree preservation plan shall be submitted, which shall include the location, species, and size of the existing trees on the site. • Site design shall be sensitive to existing trees and incorporate them into the landscape plan. • Due to the use of the proposed commercial area, including the service drive on the west edge of the property, it would be appropriate to increase the landscape buffer yard width, plant material amounts, and add a berm to sensitively develop the site to the Forest Preserve property to the west. • The detention area should be a naturalized basin. • Connection should be planned to the adjacent property to the south and incorporated into the site plan. • The narrative description should be modified to state the bank site is a maximum of one parcel and drive-thru facilities a maximum of 4. I 03-05-08 to client 03-26-08 City Staff Review Comments 04-03-08 Staff Revised Comments (following 04-02-08 meeting with petitioner) 04-23-08 Staff Revised incorporating comments from 04-3-08 EDC discussion THIS INSTRUMENT PREPARED BY AND RETURN TO: THE ABOVE SPACE FOR RECORDER'S USE FIRST AMENDED ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE AND RAYCORP, INC. DEVELOPER AND OWNER OF RECORD (YORKVILLE TOWN CENTER) WHEREAS, a Petition for Annexation, Rezoning, Planned Unit Development and Preliminary Plat Approval for the real estate legally described in Exhibit I attached hereto ("Subject Realty"), was previously filed with the United City of Yorkville, Illinois ("City ") by the previous owners of the Subject Realty ; and WHEREAS, the Plan Commission previously held a public hearing on said petitions in accordance with law and recommended approval thereof; and WHEREAS, the City authorized execution of, and did execute, an "Annexation and Planned Unit Development Agreement between the United City of Yorkville and Burnside Construction Company, Developer, and the Owner of Record" ("Prior Agreement") for the Subject Realty; and WHEREAS, subsequent to execution of the Prior Agreement, the previous owners sold the Subject Realty to Raycorp, Inc., who is the present owner and developer of the Subject Realty (hereinafter sometimes referred to as "Owner" and/or "Developer"); and WHEREAS earthwork including_ stormwater ponds was commenced on the site but not completed by the Owner/Developer; WHEREAS wetland areas have been identified on the property and are under the Jurisdiction of the Army Corps of Engineers; Deleted: WEIEREAS, the market for WHEREAS, Owner has petitioned the Ci to consider-a change of zonin to Planned Unit ;-" call changed _____p---_____---__ty__--_-_____---__-__g_______�___ the timtialurdior Agreasti from -merit-u ------- "" es on t e the meth Prior Agreement wa nits planned and Development under the commercial B-3 district regulations to allow commercial uses on the given the number of residential units planned Subject Realty, and but not yet built in the greater Yorkville community the Parties agree that development WHEREAS, a commercial development on this Subject Real will provide the much of the Subject Realty for residential purposes is P Subject P no longer feasible or reasonable; and¶ needed commercial services to the Yorkville community�n the vicinity of the Subject Realty; and ------------" Deleted: located south of the river WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the Subject Realty will be developedin an orderly manner; and_- __ _ _ _ .- Deleted: in to the City WHEREAS, Owner and Developer and thew representatives have discussed the proposed commercial Planned Unit Development zoning classification and have had a Public Hearing with the Plan Commission as to the proposed commercial Planned Unit Development classification and have had a Public Hearing with the City Council as to this First Amended Annexation and Planned Unit Development Agreement (the "Agreement"), 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. WHEREAS, the terms of that certain Prior Agreement shall be rendered void and replaced in its entirety by this Agreement; and NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, as follows: ARTICLE PLANNED UNIT DEVELOPMENT ZONING APPROVAL , Deleted: under Subject sae rezoned from The United City of Yorkville R-2 Duplex Two- Deleted: At such time as Owner obtains a The Sub] Realty b ty P � developer to construct the commercial uses on Family Residence Planned Unit Development District to the commercial Planned Unit the Subject Realty, said developer shall submit Development District ----- the B-3 Hi hula Business District regulations and the provisions of % and the city shall approve a Preliminary P ----_______g---__y __------___ -------.____-_--- - --------------- - Planned Unit Development application for that this Agreement ----------------------------------------------------------------------------------------------------------_---- P ortion of the Subject Real ty which is proposed ARTICLE II for development ¶ PLANNED UNIT DEVELOPMENT PLANS Comment [TMI]: This date should be revised with the submittal of the plan described at the SECTION I: APPROVED CONCEPT PLAN minus n s the Commission station public otherwise heading in March - minus the gas station use- otherwise a provision should be included addressing the The Concept Plan prepared by MeritCorp, PC, �vith last revision date of December 28, 2004 i gas station special use requirement. a copy of which is attached hereto as Exhibit It ("Concept Plan') has been reviewed by the Plan comment [TM2]: Them are several Commission of the City d is ereb approved b the City as a art of this A eemen,,II. At such ; outstanding items staff and the Plan ty �ll y pp y ty P 4__ ----- -_ Commission have recommended to be time as a commercial user of the Subject Realty is obtained, said user and/or developer shall apply amended on the Concept Plan submitted. for a Prelimin pplanned Unit Develo merit and Final Subdivision Plan and Plat approval These will need to be addressed and the �Tt-_-__ ---------___-P----____----_____--_____---_-________ --------PP____-_--------__, Concept Plan resubmitted prior to this The Concept Plan N hereby deemed approved. Development within the Subject Realty provision being acceptable shall be in substantial conformity with: 1) the Concept Plan as further revised in the preliminary Deleted: and Final 2 and final planned unit development process; 2) 4ll provisions_ of United City of Yorkville -- Deleted: applicable Municipal Cod ei 3) and this _Agreement_ Development of the Subject Realty shall be in conformity ---- Deleted: subdivision Ordinance with applicable ordinances of the City, except as otherwise provided or specifically varied or limited in this Agreement, and in accordance with the additional procedures, definitions, uses and restrictions contained herein. SECTION 2: REVIEW AND APPROVAL OF PRELIMINARY AND FINAL PLATS AND PLANS A. Preliminary Plans. All review, approval and construction of work with respect to the construction of the an�d improvements by the Developer shall be performed in conformity with - Deleted: Public Section 2 of this Agreement, the Preliminary PUD Plan, the Preliminary Engineering Plan, and Deleted: l final PUD and final engineering drawings to be submitted to Jhe City Engineer for review and _ __ Deleted: and to he approved by approval. Upon approval of the Preliminary Planned Unit Development by the City, the Developer shall prepare and submit to the City for approval by the City, a final plat of subdivision and final engineering for the Development. All approvals by the City staff and City engineering consultants shall not be unreasonably delayed. B. Final Plans. Developer shall have the right to develop the Subject Realty in such number of phases or units (individually a "Phase Development") as Developer ,4nd the City mutually _.__ ==ors troin time to time determine in - --- ---------- agree upon. Upon the submittal by Developer to the City of a final plat of subdivision ("Final irs sole discretion Plat"), final landscape plan ("Final Landscape Plan") and final engineering plans ("Final Engineering Plans') for a Phase of Development, which substantially conform with the Zrelinrfnar�Plan as to such Phase of Development, the City shall_promptly approve such Final __ Deleted: concept Plat, (so long as it is in substantial conformity with the approved _ laminar r�Plan_ and that_- Deleted: concept Developer is not in material breach or default as to any terms of this Agreement), Final Landscape Plan and Final Engineering Plan incompliance with applicable law and cause the Final Plat to be duly recorded with the Kendall County Recorder's Office provided Developer complies with applicable City regulations pertaining to (i) the posting of the applicable Security Instruments, as defined in Paragraph 13-B of this Agreement, for such Phase of Development, (ii) the payment of applicable fees to the City has provided for in this Agreement, and (iii) the procurement of such approvals as may be required by other governmental authorities with jurisdiction thereover. C. Review of Plans. Upon Developer's submittal to the City of preliminary and/or final engineering specification, technical details, plats and/or plans and preliminary and/or final planned unit development plans ("Plans') for the Property, the City shall promptly make such initial reviews of the Plans and shall submit a letter detailing all requested correction,- The:-- Deleted: within forty-fiv odsualendar days Developer shall then make such corrections as are requested or shall confer with City staff to after th awwi of submission of such Plans clarify the requested corrections and then resubmit Plans containing such corrections to the previously submitted Plans to the City. Upon xesubmission of the corrections by the Developer, the City shall promptly review the corrections made by Developer and City shall submit a letter, Vindicating_ City approval or what corrections were not properly- made, Upon- Developer's-. - Deleted: within fourteen (14) days after completion of all corrections and upon City approval, the City shall thereafter issue the permits Developer resubmits such corrections, and approvals to Developer in order for Developer to start construction of the Project. Deleted: rho city agrees and warrants that it shall not raise new issues when responding to the Developer's corrections. SECTION3: PROPERTY OWNERS' ASSOCIATION COVENANTS, CONDITIONS AND RESTRICTIONS OF RECORD 3 Concurrent with and prior to recording its First Final Plat, Developer shall submit to the City and City shall review a copy of the Declaration of Covenants, Restrictions and Easements (or similarly named document) ("Declaration') which will be used by Developer to establish the covenants, conditions and restrictions for each Phase of Development. The Declaration shall provide for the authority of Developer and/or the City to establish an association (the "Property Owners Association') which shall have primary responsibility for the ownership, care and maintenance of the common open space areas within the Subject Realty ("Common Facilities") and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded against each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The Owner/Developer shall be solely responsible for creation and formation of the Property Owners' Association, although the City may have the right, but not the obligation to do so, if Owner/Developer fails to do so. SECTION 4: DORMANT SPECIAL SERVICE AREA Owner/Developer agrees to the City enacting at the time of final plat approval. or anytime thereafter, a Dormant Special Service Area (DSSA) to act as a back up in the event that the Property Owners Association fails to maintain the Common Facilities, including, but not limited to, private common areas, detention ponds, perimeter landscaping features and entrance signage within the Subject Realty. Owner/Developer agrees to execute any and all documentation necessary or proper to create the Dormant Special Service Area andaj� any and all fees indudin¢ le¢al expenses for the preparation and approval of said documentation. ARTICLE III DEVELOPMENT STANDARDS SECTION 1: ZONING AND LAND USE REQUIREMENTS The underlying zoning classification for each of the Phases of Development shall be B-3 Highway Business District pursuant to provisions of the Zoning Ordinance attached hereto as Exhibit "_". Each of the Phases of Development shall be developed in compliance with the bulk design standards as set forth in the Zoning Ordinance and Subdivision Ordinance ("Bulk Design Standards'), unless otherwise provided herein. SECTION 2: BULK DESIGN STANDARD MODIFICATIONS Unless otherwise provided in the Preliminary or Final Planned Unit Development Plan to be submitted and approved by the City, which the City shall reasonably consider at such time as a commercial user is obtained, each Phase of Development shall be developed in compliance with the bulk design standards as specified in the City's Nvlunicfpal Code and as universally applied _,.. oeleted: s�nam�aion O�'dinavae a�a the throughout the City. For any new ordinances adopted subsequent to the dated- ate of this Agreement, Zoning O.a�oa��e the City shall give the Owner a six (6) month grace period from the date Owner is notified of any changes to the Applicable Codes of the City in order to comply with the new regulations except as otherwise specified in Exhibit VIII attached hereto ("Bulk Design Modifications"). The Bulk Design Modifications me hereby approved and shall control the development of the Subject Realty 4 irrespective of any conflicting provision contained in the City's Subdivision Ordinance or Zoning Ordinance. (Exhibit to beattached.) --"- Comment [TM3]: the lot configurations will """-""""-" — -- """"---- ---------- ------------------------------ --------- -__ create lots that will he deemed unbuildable as setbacks cannot be determined. The agreement SECTION 3: LIGHTING should acknowledge this situation and stipulate that this issue will be addressed no later than Owner/Developer agrees to employ the night sky/dark sky concept as required by the Preliminary part approval. Citv Subdivision Control Ordinance during the design of all lighting features on the Property. This includes parking lot and site lighting well as the illumination of buildings and signage. Comment [TMart3]: Exhibit has not been r� submitted for review. ------___ ------------------------ Formatted: No underline SECTION 2 TEMPORARY CONSTRUCTION FACILITIES -----I Deleted: 3 Owner/Developer, its successors and assigns shall have the right to place, build and utilize trailers for management and construction offices and facilities, in each Phase of Development from the time this Amended Agreement is approved by the City Council until the last occupancy permit has been issued for all commercial units permitted within the Subject Realty. Said trailers are subject to the issuance of a building permit if electricity connection is made. SECTION $; STREET ACCESS __-_-__ ---f Deleted: s A. Restricted Access: No direct driveway access shall be permitted for any lot onto Route 71. B. Minor Streets: The subdivision internal minor streets ("Minor Streets') shall be private roads and shall provide access from the businesses to Route 71 and Route 47. SECTION _ SIGNAGE Following the date of this Agreement and through the date of the ___.... Deleted: s issuance of the final occupancy permit for the last commercial unit, Owner shall be entitled to construct, maintain and utilize offsite commercial, marketing and location signs at not more than three (3) locations at any time within the corporate limits of the City , including along Route 71, as Owner may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review, approval and issuance by the City. Offsite Signs will not be located on Comment [TM5]: The size and height public right-of-way. owner shall be responsible, at its expense, for obtafnfng all necessary , restrictions will need tobeprovidedfortheoff- and appropriate legal rights for the construction and use of each of the Offsite Signs. Each premise signs. This section should also identify the general content of the off-premise signs (or Offsite Sign 4s subject to review and approval by the City_ In addition to the Off--- Signs, _ provide an exhibit depicting this content) Owner shall be permitted to construct signage, subject to sign permit review and issuance by the Deleted: may be illuminated and C announcing and advertising the commercial development upon the Route 71 frontage of the ___-_-_____ _ _ _ -_ _____"_--______ ----------------- Deleted: as deemed appropriate by [he Subject Realty. Developer _ Deleted: Permanent signage for the A. Tem orary Signage: Tem ox Pro ect Si a be ermitted for the Subject commercial developments shall be permitted. P I� 1 of p rove'---"'i-'Rree " ent.- - The commercial signage shall be permitted RReal as provided in xhibit IX attached ereto, from the date of approve] of this Agreement ealty p I" _____ _-______-___ _____ ________• .• pursuant to the same sign standards as • permitted in other similar shopping centers 1. Owner/Developer shall be allowed three (3) temporary sales Signs '•• \ within the City. I ("Temporary Sales Signs'), each of which shall be double-sided. The Deleted: shall Temporary Sales signs shall be located as shown on the Concept Plan. • comment [TM6]: No exhibit has been submitted for review. Comment [TM7]: Need to determine tlmetrame or trigger for "temporary" 5 2. Owner/Developer shall be allowed two (2) project marketing signs ("Project Marketing Signs'). Said Project Marketing Signs may be located as shown on the Concept Plan and shall have a maximum area of 120 square feet per side and a maximum height of 15 feet. 3. Owner/Developer shall be allowed to place such signs as shown on the Concept Plan in conformance with the standards set forth in the City sign _ -- Delete& Zoning and subdivision ordinances Code currently in effect at the date of execution of this Agreement by the city unless otherwise modified by this Agreement. B. Permanent Si a e: Permanent commercial identification signs and features shall be permitted along Route f7l in accordance with City Municipal Code requirements.__________________ __ ____ comment [TM81: Details must be provided regarding design, height, area, location, SECTION 7- CONFLICT wrM DEVELOPMENT ORDINANCES materials, lighting either within this provision _ _______________________._________________, or as attached exhibit referred to by this provision. To the extent of any conflict, ambiguity or inconsistency between the terms, provisions or Deleted: s standards contained in this Agreement and the terms, provisions or standards, either presently existing or hereafter adopted, of the City Code, the Zoning Ordinance, Sign Ordinance, Landscape Ordinance, the Subdivision Ordinance, as heretofore identified, City Reimbursement of Consultants and Review Fees Ordinance, City School Transition Fee, and City Development Fee, or any other City code, ordinance or regulation, (collectively defined herein as "Development Ordinances'k_ proyisfons_of ,this Agreement shall govern- and control, These Development_;_. Deleted: the terms Ordinances shall be the Ordinances that govern this Subject Realty and as to the dates of this Deleted: ana standards of Agreement and any amendment to the Development Ordinances shall not apply to the Subject Realty. Notwithstanding the foregoing, if any City code, ordinance or regulation is hereafter adopted or amended as to life safety issues which are applied uniformly within the City said Ordinance shall apply for that purpose to the Subject Realty. Deleted: Further and notwithstanding the city Codes and ordinances to the contrary, the City staff and consultants, including architects and All Development Ordinances in effect as of the date of execution of this Agreement shall engineers, shall respond to submittal of plans continue in effect insofar as they relate to the development of the Subject Realty, except as from Owners and Developers within forty five provided in this Agreement, for a period of five (5) years. Any amendment, repeal, or additional (45) days of submittal to the City.No new issues will be raised City staff and regulations, which are subsequently enacted by the City, shall not be applied to the development consultants on subsequent reviews of of the Subject Realty except upon the written consent of the Owners and Developer during said resubmitted plans. ¶ five (5) year period. After said five (5) year period, the Subject Realty and its development will be subject to all ordinances, regulations and codes of the City in existence on or adopted after the expiration of said five (5) year period., provided, however, that the application of any such ordinance, regulation or code shall not result, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Realty being classified as non-conforming under any ordinance of the City. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the Subject Realty, other than those upon which site plan approval may be based, me amended or modified to impose less restrictive requirements on development or construction upon properties situated with the City's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the Owners and Developer, and anything to the contrary contained herein 6 notwithstanding, the Owners and Developer may proceed with development or construction upon the Subject Realty pursuant to the less restrictive amendment or modification applicable generally to all properties within the City. SECTION &; FEES AND CHARGES __ _ --- Deleted: 7 Fees and charges may be assessed against the Subject Realty provided any such fee or charge is or shall be collected by the City on a uniform basis from all commercial owners, users and developers of property within the City. The city shall not increase the amount of any fee or charge for building permit fees, occupancy permit fees, plan review fees, inspection fees, utility fees, application fees or use fees for the Subject Realty within a five (5) year period from the date of this Agreement, unless such increases are: (i) made generally applicable to all owners, users and developers of property with the City; and (ii) such increases are reasonably related to increased costs incurred by the City in providing the services for which such fee is assessed. The City's Development Ordinances and resolutions establish the City policy with respect to fees and contributions to be made by commercial developers of real estate. The fees payable shall be those established by the City's Development Ordinances and resolutions on the date of approval of this Agreement by the City, including but not limited to the following: ................ __ Deleted: . A. EEineering Review Fee: Owner/Developer agrees to pay, at final plat approval for each phase of the development, an Engineering Review Fee at the rate of 1.25% of the approved engineer's estimate of cost of all land improvements, as defined in the Subdivision Ordinance in effect at the time this Agreement is signed. B. Administration/Inspection Fee: Owner/Developer agrees to pay, at final plat approval, an Administration/Inspection Fee at the rate of 1.75% of the approved Engineering estimate of construction costs of land improvements, including but not limited to, all public improvements to be dedicated to the City, mass earth grading, and quasi-public improvements to be maintained by the Property Owners' Association. C. Weather Warning Siren: Owner/Developer agrees to pay, if not previously paid at annexation, a weather warning siren fee to the City of $75.00 per acre, or a total of $1,800.00. Said contributions and fees, as they apply to the Subject Realty, shall not be increased from the date of approval by the City of this Agreement. D Coordination Feel Owner/Developer agrees to pay, at final plat approval, a Coordination Fee at the rate of 35% of the approved Engineering estimate of construction costs of land improvements including but not limited to all public improvements to be dedicated to the City, mass earth grading, and quasi-public improvements to be maintained by the Property Owners Association. E Consultant Invoices for Engineering Wetland, Legal, Land Planner: Owner/Developer agrees to pay any and all recording fees and costs public hearing costs, public hearing costs including a written transcription of public hearing and outside consultant costs including legal review, land planner review, zoning coordinator review, environmental and 7 engineering review. Should the Owner/Developer not pay these fees directly, the Owner/Developer is responsible for reimbursing the City for the aforementioned fees and costs related to the development of the Property. F Commercial Bufldin& Fees The Owner/Developer agrees to the fee schedule attached for Commercial Building Fees (Exhibit " ") subject to the terms of this Agreement. SECTION 9 SANITARY SEWERSERVICE -- Deleteda Developer shall cause the Subject Realty, to be annexed to the Yorkville-Bristol Sanitary District ("Yorkville Bristol" or BSD) for the purpose of extending_and connecting to the sanitary _,: Deletes: Y�asD sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service the Subject Realty and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the City for each Phase of Development. The City shall fully cooperate with Owner and Developer in obtaining such permits as may be required from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, permitting the construction and connection of the sanitary sewer lines to the Yorkville-Bristol facilities, in order to facilitate the development and use of each Phase of Development of the Subject Realty. In the event the Yorkville Bristol Sanitary District or City requires Owner/Developer to oversize sanitary sewer mains, the parties shall enter into a written agreement specifically providing that said costs shall be the subject of a Recapture Agreement and Recapture Ordinance in favor of Owner/Developer before Owner/Developer is required to perform any oversizing. SECTIONIO--POTABLEWATERSERVICE----------------------------------- --------------------------------------- oeletea: 2 The City acknowledges that it owns, operates and maintains a potable water supply and distribution system within its borders and water mains Tong a portion of the perimeter of the _.-- Deleted: within the right-of-way Subject Realty, which system and mains have, sufficient capacity and pressure to accommodate the anticipated potable water and fire protection needs of the Subject Realty to the extent the Subject Realty is developed in accordance with the Concept Plan. The City shall cooperate with Developer in obtaining all off-site easements necessary and shall grant Developer access to all City-owned right-of-way to enable Developer's provision of potable water service to the Subject Realty. Developer shall restore property affected by off-site extension of water lines to its existing condition prior to said construction. Ht the event the City requires Owner/Developer to oversize water mains, sanitary sewer;: Deleted: baseann the ere Flow mgwremeots mains, or storm sewer lines, the parties shall enter into a written agreement specifically providing of the development that said costs shall be reimbursed by the City, or be the subject of a Recapture Agreement and Recapture Ordinance in favor of Owner/Developer before Owner/Developer is required to perform any oversizing. SECTION 11, _STORM SEWER FACILTTIES -------- ------------------------------------------------------------- o 8 Any storm water detention facility constructed on-site shall comply with the requirements of the City Codes and Ordinances. SECTION 12 OWNERSHIP OF PUBLIC UTILITIES---------------------------------------------------- - Deletee: I All public utilities, including but not limited to sanitary sewer land_water mains shall be Deleted: storm sewer owned and maintained by the City after acceptance in accordance with the Subdivision Ordinance. Any storm water detention facilities shall be owned by the Property Owner's Association and maintained by said Association. SECTION I ;_OFF-SITEIMPROVEMENTS(RECAPTURE/INSPECTIONS____---------------_-__-_- --- Deleted: A. The City agrees to respond to all requests for required inspection or permits within seven (7) days and to issue or reject (with explanation for corrections) approvals and/or permits within h�j QQ days,_ ________--- Deleted: fourteen Deleted: 14 B. Off-site improvements for the provision of water, sanitary sewer and other utility Deleted: . and infrastructure services shall be provided by Owner/Developer according to the City Subdivision Ordinance. After the installation of improvements by Owner/Developer, the United City of Yorkville shall deliver to the subdivision site potable water characterized by such minimum flows and pressures as required by the Illinois Environmental Protection Agency. C. The City agrees to consider, but is not obligated to negotiate with Owner/Developer the passage of a Recapture Ordinance for any off-site sanitary sewer or water main improvement or on-site sanitary sewer or water main improvement benefiting future users that are contiguous or within a reasonable service area of the Subject Realty. Any recapture shall be done by Ordinance after the City has reviewed Engineer's drawings, pursuant to the Engineer's Estimate of Cost and Actual Cost of the Improvements submitted by Owner/Developer, and approved by a majority vote of the City Council. D. Owner/Developer and City agree that if easements are necessary for off-site improvements to serve Subject Realty with utility and municipal services. The United City of Yorkville hereby agrees to use its best efforts, to assist the Owner/Developer in the acquisition of easements or permission to use easements from private parties, Bristol Township, Kendall County and the State of Illinois. The actual cost of acquisition of any easement shall be at the expense of Owner/Developer. SECTION 14, ACCEPTANCE OF PUBLIC HVIPROVEMENTS/SECURITY INSTRUMENTS _----- Deleted: a A. Acceptance of Public hnprovements: The public improvements constructed as a part of the development A­of each Phase of Development shall be accepted by the City pursuant to the provisions of the Subdivision Ordinance, The City shall exercise good faith and due diligence in accepting said public improvements following Developer's completion thereof for each Phase of Development in compliance with the requirements of the Subdivision ordinance, and shall adopt the resolution accepting said public improvements within sixty (60) days following the completion Deleted: submission of the "as built" plans of the punchlist, provided the public improvements have been accepted by the City. Should the City not approve the public improvements, it shall provide a detailed written description of why the improvements we not being accepted to the Developer within 60 days of Owner'/Developer's request for acceptance. 9 B. Posting Security: Developer shall deposit, or cause to be deposited, with the City, ,such irrevocable letters of credit,contractor's_performance bonds or surety_bonds_("Security _..-- Deleted: at Developer's opHov, 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 amount and duration of each Security Instrument shall be as required by applicable ordinances of the City at the time this Agreement is executed. All such Security instruments if in the form of an irrevocable letter of credit shall be substantially in a form agreeable to the C, its, The City,pursuant to recommendation by the City-Engineer,,May from time -- Deleted: Parses to time approve a reduction or reductions in the Security instruments by an amount not in excess Deleted: snau 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. The Security Instruments for the public improvements for each Phase of Development shall be deposited with the City prior to the recordation of the Final plat for each ---- Deleted: f Phase of Development. C. Release of Underground and Streets: Upon completion and inspection of underground improvements, street and related road improvements in each Phase of Development and acceptance by the Cityr Developer shall be entitled to a release or appropriate reduction of any__ Deleted: Englneer applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the City, in conformance with the City Subdivision Ordinance. D. Transfer and Substitution: Upon the sale or transfer of any portion of the Subject Realty, Developer shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the City of a substitute Security Instrument approved by the City, securing the costs of the improvements set forth therein by the proposed substitute Developer. SECTION 15• AMENDMENTS TO ORDINANCE _ _ --- Deleted: q All ordinances, regulations, fees, and codes of the City including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, building requirements, official plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the Subject Realty and its development for a period of five (5) years from the date of this Agreement. Any Agreements repeal or additional regulations which are subsequently enacted by the City shall not be applied to the development of the Subject Realty except upon the written consent of Developer during said five (5) year period. After said five (5) year period, the Subject Realty and its development will be subject to all ordinances, regulations, and codes of the City in existence on or adopted after the expiration of said five (5) year period. Developer shall not be entitled to a freeze on amendments to ordinances where it would affect the City's ISO rating. The foregoing to the contrary notwithstanding, in the event the City is required to modify, amend or enact any ordinance or regulation and to apply the same to the Subject Realty pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Subject Realty and be complied with by Developer, provided, however, that any so-called "grandfather" provision contained in such superior governmental 10 mandate which would serve to exempt or delay implementation against the Subject Realty shall be given full force and effect. SECTION 1Cz _ BUILDINGMATERIAL ____ - Deleteda Exterior building materials shall be in compliance with the City Appearance Code --- Deleted: y regarding commercial buildings attached as Exhibit " " SECTION 17• STORMWATER POLLUTION PREVENTION PLAN (SWPPP) The Owner/Developer agrees to submit a SWPPP addressing any existing erosion and sedimentation problems on the site within 30 days of the execution of this Agreement an d furthermore agrees to provide the City with an acceptable financial security to guarantee the satisfactory performance and ongoing maintenance of said erosion control until the Subject Realty is developed and the written release of said maintenance is provided to the Owner/Developer by the City Engineer. ARTICLE IV GENERAL PROVISION SECTION 1: CHANGES TO THE PLANNED UNIT DEVELOPMENT The Subject Realty shall be developed in substantial compliance with the Final Plans and this Agreement. Changes to the Planned Unit Development hereafter requested shall be evaluated and processed as follows: A. Definitions: 1. Ma ior changes: Major changes shall include any changes to the Planned Unit Development which require an amendment of the Ordinance approving this Agreement, increase in the number of units, or any other change for which a public hearing is required by law or by the United Gty of Yorkville Municipal Code, except as specifically provided herein. 2, Minor changes: Minor changes shall include any change not defined herein as a major change or a technical change. 3. Technical changes: Technical changes shall include any change to the engineering plans and specifications, and any change to the building plans, which is determined by the Building Commissioner, Fire Chief or City Administrator as the case may be, to be: (i) in substantial compliance with the Final Plat as approved by the City Council; (ii) in compliance with the Yorkville Municipal Code, as amended, except as specifically varied herein; and (iii) in compliance with usual and customary building or engineering 11 practice. For purposes of this Section, the location of buildings and signage shall constitute a technical change only. B. Procedures: 1. Major changes may be approved by the vote of a simple majority of the City Council after public hearing and recommendation by the Plan Commission pursuant to submittal and processing of a petition to amend the Planned Unit Development and a petition for preliminary approval, as set forth in the United City of Yorkville Municipal Code. 2. Minor changes may be approved by the City Council without Plan Commission review or public hearing. 3. Technical changes may be approved by the City Engineer, Building Commissioner, Fire Chief or City Administrator, as the case may be. SECTION 2: ON-SITE EASEMENTS AND IMPROVEMENTS The Owner/Developer agrees to provide a cross access easement to allow access to the ad iacent property to the south (Pottinger propertyl, At the time of recordation of each final plat for the Subject Realty, the owner of such platted area shall grant to the City, at no cost to the City, on-site easements which are determined by the City Council to be necessary for the provision of Public Improvements for the Subject Realty, including but not limited to easements for lift stations, sanitary sewer, water main, electric utility, cable television, storm sewer, stormwater detention and retention, and drainage facilities of sufficient capacity and elevation to provide free flowing and unobstructed outfall of stormwater from areas tributary to the Subject Realty, all as depicted on the Final Engineering Plans or as required by the Subdivision Ordinance. Except for such time to effectuate the reconnection of any public utility system, there shall be no material disruption or discontinuation of the operation of any public utility system, or storm or surface water drainage system by virtue of establishing new easements and vacation any of existing easements, to the extent reasonably practicable. The City shall be granted blanket easements, which shall be included in the Declaration of Covenants, Restrictions and Easements for the subdivisions, for a phase of development, over the private access roads and puking facilities contained therein for utility maintenance, and for police, fire, and other emergency vehicles. When each final plat of subdivision is recorded for the Subject Realty, Developer shall pay for the design engineering, construction engineering and installation of all on-site,land improvements as defined herein and under the United City of Yorkville Municipal _ ,.- Deleted: Public Code, and as reasonably determined by the City Council to be necessary for the development of Deleted: t the Subject Realty in compliance with the Final Plat and Final Engineering Plans. In the event that during the development of the Subject Realty Developer determines that any existing utility easements and/or lines require relocation to facilitate development of the Subject Realty in accordance with the Final Plat, the City shall fully cooperate with Developer in causing the vacation and relocation of such existing easements, and all costs thereof shall be home 12 by the Developer. If any easement granted to the City as a part of the development of the Subject Realty is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Subject Realty as reflected on the Final Plat and in this Agreement, the City shall fully cooperate with Developer in vacating and relocating such easement and utility facilities located therein, which costs shall be bone by the Developer. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, Developer shall pay for the cost of design and relocation of any such easement and the public utilities located therein. Developer shall provide for the interconnection, through appropriate storm drainage easements, swales and structures, of the storm sewer system constructed within the Subject Realty with the outfall structures and surface channels adjacent to the Subject Realty. SECTION 3: OFFSITE EASEMENTS AND CONSTRUCTION The Owner/Developer agrees to include and construct dedicated turning lanes (both east and west) as part of the improvement plan for the Property's entrance at Route 71. It is understood by the parties that this intersection facility is within the Jurisdiction of the Illinois Department of Transportation (IDOT) and any requirements as deemed necessary by IDOT for this intersection shall be incorporated into the improvement plan In the event IDOT does not require dedicated turning lanes the Owner/Developer agrees to request IDOT allow said lanes as additional components of the intersection in excess of the minimum requirements. The Owner/Developer agrees to provide an off-site access drive from the subject property to Route 47 across the adjacent property to the east (Hughes property). At the time each final plat of subdivision for the Subject Realty is recorded, Developer shall obtain all off-site easements which are reasonably determined by the City Council to be necessary for the development of such portion of the Subject Realty in accordance with the Final Plans. In the event Developer is unable to acquire such necessary off-site easement, the City shall exercise its power of eminent domain to acquire the same, provided Developer shall pay thePosts incurred by---- Deleted: reasonable the City as a result thereof. Developer shall deposit the amount of such costs reasonably estimated by the City into a segregated, interest bearing escrow account prior to the commencement of such eminent domain proceedings by the City. Such finds shall be utilized solely to defray such costs and all funds, including interest, remaining in such escrow upon completion of such proceedings shall be refunded to Developer. At the time each final plat of subdivision for the Subject Realty is recorded, Developer shall pay for the design engineering, construction engineering and installation of all off-site Public Improvements as required by the final engineering plans for each final plat of subdivision. All such off-site Public Improvements shall be included in the Guarantee for Completion for the area so platted. _ _ _ _-_ — Improvements am determined by the City°--------------------- "-"'-------""""""-"--"""""" Lnprovements are determined by the City ro provide a benefit to other subject Realty, the SECTION 4: BUILDING CODE City shall enter into a Reimbursement Agreement with Developer with respect to such improvements. 13 Except as otherwise provided in Exhibit XI k'Building Code Deviations`) to this Agreement, -,.--- Comment [TM9]: No exhibit has been Developer shall comply in all respects with the applicable provisions of the United City of submitted. Yorkville Municipal Code and other City ordinances pertaining to the construction of structures for commercial purposes in effect at the time Developer, or its successor or assigns, makes application to the City for a building permit or permits in connection therewith. SECTION 5: BUILDING PERMITS The City shall issue building permits for construction of improvements upon the Subject Realty within fourteen (14) working days subsequent to receipt of application therefore. If the application is denied, the City shall provide a written statement within said period specifying the reasons for denial of the application including specifications of the requirements of law which the application or supporting documents fail to meet. The City shall review and provide written comments or approve the resubmittal plans within fourteen (14) calendar days of the resubmittal. The City shall issue such building permits upon compliance with those requirements. Developer may apply for and the City shall issue building permits for portions of the Subject Realty after approval but prior to recordation of a Final Plat for any such portion of the Subject Realty, and prior to the installation and availability of storm sewer, sanitary sewer and potable water service to such portion of the Subject Realty. SECTION 6: OCCUPANCY PERMITS A. No occupancy permit shall be issued for any building on the Subject Realty until the storm sewer, sanitary sewer, water system, telephone, gas, electric and streets through iti urinous — Deleted: stone base binder course are operational. Notwithstanding the foregoing the Owner/Developer shall be entitled to use temporary construction and sales trailers in accordance with Section 3 of Article IV of this Agreement. B. The City shall not deny a temporary certificate of occupancy for any space within a commercial building for the sole reason that other areas in the building are either incomplete or under construction, provided the space to be occupied otherwise meets all applicable occupancy requirements of City ordinances. C. The City shall issue certificates of occupancy for buildings constructed within the Subject Realty within two (2) working days subsequent to application therefore, or issue a letter of denial within said period informing the applicant specifically as to what corrections are necessary as a condition to the issuance of a certificate.InARity, due to adverse weather conditions, to install a final surface course on driveways, service walks, public sidewalks, stoops, landscaping (including parkway trees) and final grading, shall not delay the issuance of a temporary certificate of occupancy, which shall contain an escrow account and specific deadlines for completion of each of the items not completed. The City shall not issue a final occupancy permit unless the Final Plat of Subdivision for the Subject Realty is recorded. SECTION 7: RESTORATION OF CITY PROPERTY Developer shall repair and replace, in accordance with the original sizes, standards and topography in a manner satisfactory to the City Engineer, all City property, including Public 14 Improvements, damaged or disturbed by reason of Developer's work in connection with the development of the Subject Realty. SECTION 8: MAINTENANCE OF PRIVATE FACILITIES The provisions of the Property Owners' Association Declaration shall apply to the repair and maintenance of all facilities and amenities which are not conveyed to the City as part of the publicly owned portion of the Public Improvements and are not owned and maintained by a lot owner within the Subject Realty. SECTION 9: COMPLIANCE WITH STATE STATUTES A. General: In the event that any one or more provisions of this do not comply with any one or more provisions of the Illinois Compiled Statutes and the governing rules of the Illinois Water Pollution Control Board or the Federal or State Environmental Protection Agencies, then the City, Owner, and Developer, and all of their respective successors and assigns, agree to cooperate to comply with said provisions which shall include, but not be limited to, the passage of resolutions and ordinances to accomplish such compliance. SECTION 10: PRELIMINARY GRADING Upon execution of this Agreement by the city, Developer may obtain from the city, and the city may issue, a site development permit in conformance with Municipal Code for the site grading to be performed upon the Subject Realty. Such site grading shall be at Developer's sole risk and expense, and in conformity with Engineering Plans to be approved by the City Engineer, and any changes or adjustments to the requirements for such grading resulting from the review and approval of the final engineering plan for such phase shall be promptly performed by Developer, at Developer's expense. SECTION 11; CONSTRUCTION TRAILERS �he city agrees that form and after the effective date of this Agreement, Developer's subcontractors supply storage trailers may be placed upon such part or parts of the Subject Realty as required and approved by Developer for development purposes. Said trailers may remain within any phase of development within the Subject Realty until all Public Improvements for such phase of development have been completed and accepted by the City _- comment Irmo]: This section is basicany covered by article Ili section 3- this provision should be combined with that one to avoid SECTION 12: STREET STANDARDS confusion/confliction. (Design standards for Interior Minor Streets and access drives to be utilized as part of the development of the Subject Realty we set forth on the Preliminary engineering Plans ("Street Standards"). To the extent any ordinance or regulation of the City conflicts with any of the Street Standards, such ordinance or regulation is hereby varied and the Street Standards shall prevail and be the legal, applicable standards for development of the subject realty, except as otherwise 15 expressly provided in this Agreement. (Need to provide Street Plan exhibit or statement regarding interior streetO --_ _ _____ ------------------------------------ Comment rrM111: Staff recommends removing this section entirety. The subdivision SECTION 13: DEDICATION OF STREET RIGHT-OF-WAY control improveme requirements must be met for street improvements. The final plat for each phase of development in the Subject Realty shall establish the dedication of the appropriate right-of-way for all public streets within such phase of development in accordance with the Subdivision Ordinance, as amended or as otherwise provided in this Agreement, and in substantial conformity with the Final Engineering Plans. Street names for each public street shall be established and identified on each final plat of subdivision. A historical street name approved by the City, shall be selected for the Subject Realty. SECTION 14: CONVEYANCES Nothing contained in this shall be construed to restrict or limit the right of the Owner and/or Developer to sell or convey all or any portion of the Subject Realty, whether improved or unimproved, and to transfer or assign any or all of their respective rights and duties under this Agreement. SECTION 15: TRANSFER OF RIGHTS AND DUTIES Upon the conveyance of any Owner's interest in a phase of development or any portion of the Subject Realty to a third party ("Transferee"), the rights and obligations so identified of such Owner and Developer pertaining to such phase or portion of the Subject Realty, shall be deemed assigned to and assumed by such third party, and Owner and (Developer shall thereupon be released and discharged by the City from any farther obligation pertaining to such identified rights and duties] The Transferee shall thereupon be entitled to exercise all rights and authorities and - Comment [TM12I: Provision should be added ----------------------------------- ---------------------------- shall perform all duties and obligations of Owner and Developer pertaining to such phase or allowing the City the ability to approve this portion of the Subject Real The Transferee shall comply with the applicable requirements of this transfer- not automatically release and p j Realty. p y PP 4 discharge. Agreement pertaining to the posting of guarantees with the City affecting the portion of the Subject Realty conveyed. Any such guarantee previously posted by the Transferor shall be released by the City upon the delivery to the City by the Transferee of a substitute guarantee in the appropriate amount, in proper form and issued by a financial institution approved by the City. SECTION 16: DEMOLITION OF EXISTING STRUCTURES. Deleted: twelve Owner/Developer shall demolish the buildings on the Subject Realty within elve Deleted: lz months of the effective date of the approval of }his Agreement subject to the issuance of a permit _ Deleted: the rezoning and am,e=ation from the City. Deleted: of the Subject Realty Deleted: Owner/Developer is proposing 3.7 SECTION I7: COMMERCIAL TAX INCENTIVES acres of commercial development on the Subject Realty with a neighborhood retail shopping v%mer Develo Brand the City aeree that in order to proceed with the develop Of the center on Route 71, approximately 16 miles west Y /_._____p__ ____________ __ ___._______________.___p_______�___________P____ <• of a major intersection of Route 47 and Route Subject Realty as commercial, tne Owner/Developer will be required to construct or pay for the 71. -- --------- ------ - ' - - - ---- - -------- construction of certain on and off site improvements, including highway and roadway Deleted: represents improvements, traffic signals, demolition, sanitary sewer line, water mains and other utilities. Deleted: it Owner/Developer has requested and the City agrees to provide up to a maximum of million _ ---- Deletedawo 16 si_yr hundred thousand_[$1,¢00,000.00)_ dollars in economic assistance towards the actual cost of Deleted: four - - - - --------------------------------------------- project improvements as outlined within the City's Economic Incenfives Policy adopted on Deleted: 2,a December 13, 2005 in the form of an Economic Incentive Agreement (EIA). Said EIA shall allow for not more than 50% of the City's portion of the sales tax revenue being rebated to the Owner/Developer on an annual basis and shall include a term not to exceed twelve (12) years for said rebate The Owner/Developer agrees to commit the occupancy of a minimum 40,000 square feet retail anchor in order to be eligible for any rebates, and an occupancy of a minimum of 50,000 square feet of retail for the subject property within 3 years of the date of the EIA Furthermore the Owner/Developer agrees to commit toproviding an off-site access drive from the subject property to Route 47 across the adjacent property to the east. hi recognition of the benefit to the City through creation of job opportunities, the enhancement of the tax base and the strengthening of the commercial sector, the City agrees to enter into an economic incentive agreement with the Owner/Developer to be funded by a percentage of the taxes that are generated from the businesses to be located on the Subject Realty. ARTICLE V MISCELLANEOUS SECTION 1: INCORPORATION OF EXHIBITS All exhibits attached to this Agreement are hereby incorporated herein and made a part of the substance hereof. SECTION 2: ENFORCEMENT This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. SECTION 3: SUCCESSORS AND ASSIGNS This Agreement shall inure to the benefit of and be binding upon the Owner, Developer and their successors in title and interest, and upon the City, and any successor municipalities of the City. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the Owner, Developer, and the City. SECTION 4: ENTIRE AGREEMENT This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, 17 both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. SECTION 5: 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 mall, return receipt requested, postage prepaid, addressed as follows: If to the City: United City of Yorkville Mayor Valerie Burd 800 Game Farm Road Yorkville, IL 60560 With a copy to: United City of Yorkville's Attorney Kathleen Field Orr & Associates 180 N. Michigan Avenue Suite 1040 Chicago, IL 60601 If to Owner/Developer: Thomas Rayburn Raycorp, Inc. 16345 S. Harlem Ave. Suite 4SW Tinley park IL 60477 With a copy to: Robert C. Kenny Schain, Burney, Ross & Citron, Ltd 222 N. LaSalle Street, Suite 1910 Chicago, IL 60601 or to such other addresses as any party may from time to time designate in a written notice to the other parties. SECTION 6: SEVERABILTTY This Agreement is entered into pursuant to the provisions of Chapter 65, § 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002), in the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the City, Owner and Developer shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the Subject Realty. SECTION 7: AGREEMENT 18 This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the City and the owner of record of a portion of the Subject Realty as to provisions applying exclusively thereto, without the consent of the owner of other portions of the Subject Realty not affected by such Agreement. SECTION 8: CONVEYANCES Nothing contained in this Agreement shall be construed to restrict or limit the right of the Owner or Developer to sell or convey all or any portion of the Subject Realty, whether improved or unimproved. SECTION 9: NECESSARY ORDINANCES AND RESOLUTIONS The City shall pass all ordinances and resolutions necessary to permit the Owner, Developer and their successors or assigns, to develop the Subject Realty in accordance with the provisions of this Agreement, provided said ordinances or resolutions we not contrary to law. The City agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. SECTION 10: TERM OF AGREEMENT The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said (20) twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the City and Owner/Developer. SECTION 11: CAPTIONS AND PARAGRAPH HEADINGS The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. SECTION 12: RECORDING This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at Developer's expense. SECTION 13: RECITALS AND EXHIBITS The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. SECTION 14: COUNTERPARTS This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. 19 SECTION 15: NO MORATORIUM The City shall not limit the number of building or other permits that may be applied for due to any City imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the Final Plat of any Phase of Development. SECTION 16: TIME IS OF THE ESSENCE Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. SECTION 17: EXCULPATION It is agreed that the City is not liable or responsible for any restrictions on the City's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the Subject Realty, the city, the Developer, or Owners, including, but not limited to county, state or federal regulatory bodies. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this . day of . 2008. UNITED CITY OF YORKVILLE Kendall County, Illinois By: Its: Mayor ATTEST: By: Its: City Clerk RCK/Raycorp-Yorkville/Annexation-Agreement-03-0508 20 `QED C/ry Reviewed By: Agenda Item Number J� T Legal ❑ Old Business#2 EST 1836 Finance F1 1 Engineer ❑ Tracking Number 0 W City Administrator ❑ NY Consultant ❑ EDC 2007-38 ❑ <LE Agenda Item Summary Memo Title: Sign Ordinance Update Meeting and Date: EDC 5/1/08 Synopsis: Council Action Previously Taken: Date of Action: Action Taken: Item Number: Type of Vote Required: Council Action Requested: Submitted by: Charles Wunder Community Development Name Department Agenda Item Notes: See attached memo and draft regulations. ,QED CITY Memorandum J� C� To: Economic Development Committee EST. 1836 From: Charles Wunder ~� CC: p Date: 4/25/2008 Subject: Sign Ordinance Revision Draft kE The City of Yorkville's sign regulations are a Chapter in the Building Code and were last revised several years ago. In the fall of 2006 the Zoning Board of Appeals expressed some concerns with the current sign regulations,particularly with all of the new commercial development in the Route 34 and Route 47 corridors. The staff prepared a draft of new sign regulations and throughout 2007 the Zoning Board of Appeals directed the staff to make modifications of that draft. On February 5,2008 the Zoning Board of Appeals met with representatives from some sign companies, commercial developers and local business owners to answer questions about the proposed changes and hear their comments and suggestions on changes that would improve the draft. A summary of the meeting has been attached. The attached Sign Ordinance Draft addresses many of the concerns that were addressed at this meeting. The changes in the Sign Ordinance draft that have been made as the result of the comments received at the previous workshop are highlighted with bold text and strikethroughs. The first notable change is that the"Principles"and"General Purpose" sections have been added as new sections of the sign regulations. The first section, "Principles", outlines the concepts and ideas used in developing the revised sign regulations. The second section,"General Purposes" establishes overall objectives of the sign regulations. The third section of the sign regulations is also a new addition to the sign regulations. The "Scope"section identifies the actions relating to signs that are governed by these regulations. The first three sections are useful in helping future staff and decision makers interpret these regulations. The fourth section lists signs that are exempt from the sign regulations in the Zoning Ordinance. It should be noted that this section does not exempt the signs from any other City sign regulations or Building Code requirements. A sign permit is not needed to put up an exempted sign. As you may notice, many of the signs listed in this section have size limits. The next section of the sign regulations is titled"General Provisions". This section establishes how sign area and sign height is measured. It also stipulates how signs may be illuminated and governs where signs may be located. This section contains requirements that signs be properly maintained. The last two provisions of this section determine when signs are considered abandoned and under what circumstances a sign must be removed. The sixth section of the proposed sign regulations defines and describes the various types of signs referred to in the text of the regulations. The types of signs are grouped into two categories, structural types of signs and functional types of signs. The structural types of signs category lists the physical descriptions of the various signs. The functional types of signs category lists the various purposes of the signs mentioned in the sign regulations. This differentiation is necessary because the regulations control both the functions of the sign and the physical location/appearance of the signs. The next section of the sign regulations lists the signs that are prohibited in Yorkville. Most of the signs on this list are prohibited under the current sign regulations. The signs that have been added to the prohibited sign list tend to fall in a category that can be described as having to do with public safety concerns. For example, one of the new provisions prohibits any sign that blocks an ingress or egress from a fire escape, door or window. The next three sections deal with the signs that are permitted in the City's zoning districts. Each of these sections is divided into regulations dealing with permanent and temporary signs. The eighth section governs the signage allowed in the agricultural, residential and flood zoning districts. The ninth section covers signs in the Business Districts and the tenth section covers signage in the Manufacturing Districts. The eleventh section covers the subject of nonconforming signs. This section defines what a nonconforming sign is and under what circumstances it has to be brought into conformance with the city's sign regulations. The twelfth section of the proposed sign regulations describes the sign permit procedures for both permanent and temporary signs. These provisions establish that the City Council sets the sign permit fees and lists the items of information that are needed to get a sign permit. The last section specifies the manner in which variations from the sign regulations can be made. T ® United City of Yorkville a 4 a, " 800 Game Farm Road EST. ` I ,ass Yorkville, Illinois 60560 Telephone: 630-553-8545 ° `0 Fax: 630-553-3436 <AIL E Meeting Summary REVISING THE CITY' S SIGN REGULATIONS February 5, 2008 7:00-9:00 PM Yorkville City Hall City Council Chambers ATTENDEES: Chris Funkhouser, ZBA member; Rick Winninger, Action Graphix; Greg Mullen, Saint Joseph Cabinetry/Chamber of Commerce; Fred DuSell, resident; Cheryl Grate, Grate Signs, Inc.; Glenn Johnson, Tri-Land Properties; Mayor Valerie Burd, Yorkville; Kathy Farren, Kendall County Record; Mike Skinner, ZBA member; Jeff Baker, ZBA Chairman; Harold Oliver, HRM; Alderman Joe Plocher, Yorkville; Frank Willman, Willman and Groesh; Travis Miller, Yorkville staff. Discussion began at 7:00 pm. Travis Miller welcomed the attendees and gave a brief overview of the purpose and goals for the meeting. Miller explained the City Council is currently considering revising the sign regulations to improve the visual appearance of the City's signage. The purpose of the meeting is to present the regulation changes that are being proposed and obtain input from the group on these changes. During the discussion, several concerns were raised by the group including general concerns regarding sign regulation and specific concerns related to the proposed ordinance. The following concerns were raised: • Limitation of the free standing signage allowable on a corner lot to only one sign is too restrictive and may not be appropriate for most sites. • The effect that the ordinance/regulation will have on the readability of signage. The size of the sign should be dependant on the distance the sign is from the street. • The proposed ordinance uses lot frontage on the street to determine sign location - A question was raised about what signage would be allowed on lots without frontage on streets. • A question was raised about the status of existing signs that do not comply with the new sign regulations. Would they need to comply with the new sign regulations when they are repaired or replaced? • The landscape ordinance requirements need to be consistent with the sign ordinance requirements. There was some concern that the landscape requirements would require trees and shrubs that would block the visibility of business signage - particularly monument signage. • The measurement of the building fagade on unusual buildings such as silos, buildings with angled facades, etc. would create a problem in the proposed ordinance. • How the building fagade would be measured if there were one or two users in a four unit building isn't clear in the proposed ordinance. • Wall signage only being allowed on one side with a public entrance isn't appropriate on all buildings, or in all situations. The side most visible should be permitted to have a sign. • It was pointed out that there have been no studies prepared by any entity that support signs are a safety hazard to motorists. Smaller signs may actually be more of a safety hazard than larger signs. • The proposed ordinance requirement of 8 feet measured from the street level means that most signs will only be 2 or 3 feet high and will be visually blocked by vehicles or landscaping. This regulation may result in visual monotony. • Why aren't electronically changing signs permitted? • Be careful not to increase the review process to have more steps, or committee approval requirements, that become a hardship/hindrance to commercial development/redevelopment. Recommendations from the discussion group: • Pole signs should not be permitted in the new ordinance/regulations. • More flexibility is needed for the height of free standing signage — don't simply make a maximum height requirement, which will lead to all signs being the same. • The aesthetics of the sign is the most important factor — focus on these issues in the regulation not size and dimensions. • Wall signage should be allowed on more than one side for buildings on corner lots or where the rear of the building was visible from a street. • Don't forget the economic reality of commercial locations in the 34 and 47 commercial corridors — signage is vital to the success of the retailibusiness community. • Do not rely on variances because it reduces consistency about what is allowed and what is not allowed. • Don't restrict signage type/size based on the business size. Small businesses need the promotion provided by signage, particularly the small ( 1 ,000-2000 sq. ft). businesses more so than the `big box' retailers. • Changeable copy message boards are important to businesses. Technological advances in electronically changeable signs have been made in recent years and should be considered as permitted signage. • Create a different set of sign regulations, or an `overlay district' for the downtown area. Example, the Kendall Pub sign would not be permitted under the current code, yet very attractive and appropriate in this district. • The new ordinance needs to be used consistently for all development including PUD, development and annexation agreements. The new ordinance/regulation should clearly state this to avoid PUD's from `bypassing the system' . • Incentives for replacing old signs should be considered and could include tax abatements and permit fee reductions. • Retrofitting existing pole signs with pylons/masonry faces over the poles of existing signs should be encouraged in situations where total replacement isn't possible or feasible. A program to encourage, or provide financial assistance to these businesses should be considered. • Setbacks for signs should be in new sign ordinance. Aurora currently has setback requirements which could be modeled. • Performance standards should be evaluated and developed so that here are a clear set criteria for new signs to meet as well as a streamlined review process for approval. Next Steps: Staff will report the concerns and recommendations to the Economic Development Committee and continue to refine the draft sign ordinance with the input. Once comfortable with a recommendation, the EDC will forward an ordinance to City Council for consideration. This will likely occur April-May 2008 timeframe. CHAPTER 11 SECTION: 8- 11 -1 Principles 8-11 -2 General Purpose 8-11 -3 Scope 8-11 -4 Definitions 8- 11 -5 Signs Exempt from this Chapter 8- 11 -6 General Provisions 8- 11 -7 Prohibited Signs 8-11 -8 Permitted Signs — Residential Zoning Districts 8-11 -9 Permitted Signs — Business Zoning Districts 8- 11 - 10 Permitted Signs — Manufacturing Zoning Districts 8- 11 -11 Nonconforming Signs 8- 11 -12 Permitting Procedures 8-11 - 1 PRINCIPLES The provisions of this Article recognize that: A. There is a significant relationship between the manner inlwhich signs are displayed and public safety and the value, quality of life and economic stability of adjoining property and overall community. B. The reasonable display of signs is necessary as a public service and necessary to the conduct of competitive commerce and industry. C. Signs are a constant and very visible element of the public environment and as such should meet the same high standards of quality set for other forms of development in the community. 8-11 -2 GENERAL PURPOSE. The regulation of signs by this Article is intended to promote and protect the public health, safety and welfare by: A. enhancing the economic condition of the City by promoting reasonable, orderly and effective use and display of signs. B. enhancing the physical appearance of the City. C. protecting the general public from damage and injury which might be caused by the faulty and uncontrolled and inappropriate construction and use of signs within the City. D. protecting the public use of streets and rights of way by reducing advertising distractions that may increase traffic accidents and congestion. E. preserving the value of private property by assuring the compatibility in design and scale of signs with adjacent properties and uses. Accordingly, it is deemed necessary and in the public interest to regulate signs. To this end, this Article: 1 . Establishes minimum standards for the display of signs in direct relationship to the functional use of property and to the intensity of development as permitted within the zoning districts which are provided in this Ordinance. 2. Regulates the size, location, height, installation and other pertinent features of new signs. 3 . Requires the removal of derelict signs and the amortization of nonconforming signs. 4. Provides for the effective administration and enforcement of these regulations. 8-11- 3 SCOPE. The regulations of this section shall govern and control the erection, enlargement, expansion, alteration, operation, maintenance, relocation and removal of all signs within the City and any sign not expressly permitted by these regulations shall be prohibited. The regulations of this section relate to the location of signs, by function and type, within zoning districts and shall be in addition to provisions of the City of Yorkville Building Code and the City of Yorkville Electrical Code. 8-11 -4 DEFINITIONS A. Animated, flashing or moving sign Any sign that uses lights that flash or alternate or which include action or motion or the appearance of action or motion either physically or electronically. B. Awning, Canopy or Marquee Sign. A sign that is mounted or painted on, or attached to, an awning, canopy or marquee that is otherwise permitted by this Article. The construction materials and the manner of construction of all awnings, canopies and marquees shall be in accordance with the Yorkville Building Code. B. Banner. Any sign of lightweight fabric or similar material that is displayed on a pole or building. National, state or municipal flags, official flags of any institution or business shall not be considered banners. 2 C. Billboard. An off-premise advertising sign which directs attention to a business, commodity, service or entertainment conducted, sold, or offered at a location other than the lot on which the sign is located. D. Business Sign. A sign which directs attention to a business or profession conducted, or to a commodity or service sold, offered or manufactured, or to an entertainment offered, on the premises where the sign is located or to which it is affixed. A business sign shall be a wall, canopy, awning, marquee, or window sign. E. Cold air Inflatable Device. An inflatable device, without a frame, used as a portable sign for promotions, sales or special events. A cold air balloon shall be ground mounted. F. Construction Sign. A sign erected on a lot on which construction is taking place, indicating the names of the architects, engineers, landscape architects, contractors, and similar artisans, and the owners, financial supporters, sponsors and similar persons or firms having a role or interest with respect to the structure or project. Said sign shall be erected only so long as construction is occurring on the lot. A construction sign shall be a wall or freestanding sign. G. Freestanding Sign. Any sign supported by structures or supports that are placed on or anchored in the ground and that are independent from any building or other structure H. Grand Opening Temporary Sign. A temporary sign used for the purpose o f advertising a grand opening of a new business. A grand opening temporary sign may be displayed only within 180 days of issuance of an occupancy certificate. A grand opening temporary sign may be a wall, marquee, canopy, awning, or freestanding sign. Promotions, anniversary sales, special sales, or going-out-of-business sales do not apply. I. Ground Mounted/Monument Sign. A sign that is supported on a base that is equal in width and depth to the frame of the sign itself. A ground mounted/monument sign must be constructed of materials to match the principal structure. J. Identification Sign. A sign giving the name and address of a residential building, business, development, industry, or other building or establishment. Such signs may be wholly or partly devoted to a readily recognized symbol. An identification sign shall be a freestanding, wall, canopy, awning, or marquee sign. 3 K. Menu Board Sign. A sign at a remote location on a lot giving product and price information about products sold on the lot to motorists in a waiting vehicle. L. Message Board Sign. A sign designed so that characters, letters or illustrations can be changed manually or electronically without altering the face or surface of the sign. Electronic messages cannot scroll across the sign face and must be displayed for at least 60 seconds at a time.. M. Pole Sign. A freestanding sign supported by column or columns whose total width is less than 50 % of the sign face depth. N. Portable Sign. A sign attached to or mounted upon a frame intended to be moved from place to place. O. Projecting Sign. A sign which in whole or in part is dependant upon the building for support and project more than twelve (12) inches from such building, except for awning, canopy and marquee signs. P. Real Estate Sign. A sign indicating the sale, rental, lease, or development of the lot, a portion of the lot, or a building on the lot on which the sign is located. A real estate sign shall be a wall or freestanding sign. Q, Roof Sign. A sign that is wholly dependant upon a building for support or mounted on the roof, which project more than six (6) inches above the highest point of a building or roof to which they are attached. R. Snipe Signs. A temporary or permanent non-governmental signs in a public right-of-way which is tacked, nailed, posted, pasted, glazed or otherwise affixed to a pole, stake, fence, traffic sign, traffic control device, utility pole, tree or the ground. S. Temporary Signs. Any sign, banner, pennant, streamer, or advertising display constructed of cloth, canvas, light fabric, cardboard, wallboard, or other lightweight material without a frame. A temporary sign shall be a wall, awning, marquee or canopy sign. T. Vehicle Sign. Any vehicle primarily situated to serve as a sign rather than as transportation. An automobile, van, or truck displaying the name and/or other information regarding the related establishment used for normal business operation or for employee transportation is not a vehicle sign. U. Wall Sign. A sign fastened to or painted on the wall of a building or structure in such a manner that the wall becomes the supporting structure for, or forms the background surface of, the sign and which does not project more than twelve (12) inches from such building or structure. 4 V. Window Sign. A sign which is applied or attached to or located within three (3) feet of the interior of a window, which sign may be seen through the window from the exterior of the structure. 8-11 -5 SIGNS EXEMPTED FROM THIS CHAPTER. Nothing in this shall be construed as exempting the following signs from the Building Code or those portions of the Municipal Code applicable to signs. The following signs are otherwise exempt from regulations by the Zoning Ordinance: A. Flags, symbols or crests of nations, states, cities or political, fraternal, religious or civic organizations. One logo flag of a business shall be permitted on a lot provided that it is flown with the American flag and shall not be larger than the American flag.. B. Decorations customarily and commonly associated with a national, local or religious holiday, celebration or anniversary provided that such decorations shall not be displayed for more than sixty (60) consecutive days. C. Signs four (4) square feet or less in area and five (5) feet in height or less on private property regulating on-premise traffic and parking. D. Bulletin boards, message boards, and similar devices no greater than thirty- two (32) square feet in area, five (5) feet high and not in the vision triangle, used solely to give information about and accessory to a public, charitable, educational or religious institution located on the lot. E. Legal notices, identification, informational, directional, traffic or other sign erected or required by governmental authority under any law, statute or ordinance. F. Memorial signs or tablets eight (8) square feet or less in area, containing the names of a building and the date of construction, when cut into any masonry surface so as to be part of the building or when constructed of bronze or some other non-combustible material and permanently attached to a building. G. Non-illuminated window signs painted on or covering no more than 50% of the window area, excluding glass doors. H. Real estate signs four (4) square feet or less in area, provided that no more than one (1) such sign shall be permitted in each yard abutting a street. Real estate signs shall be freestanding signs and set back a minimum of five (5) feet from any lot line and shall be five (5) feet or less in height and shall not be illuminated. 5 I Menu boards accessory to a restaurant drive-up window facility, provided such sign s are thirty-six (36) square feet or less in area. J. Signs used to identify the type of model home when used in conjunction with a developing residential subdivision. Each type of model home is allowed one (1) sign not to exceed eight (8) square feet in area and five (5) feet in height. Such sign shall be located on the lot where the model home is located and shall be removed upon occupancy of the home for normal residential use. K. "No Trespassing," `Beware of Dog" and other similar warning signs four (4) square feet or less in area.. L. Name and address plates which give only the name and address of the resident(s) o f the building less than three (3) square feet on single and two family dwellings and five (5) square feet for multi-family dwellings. M. Garage sale, farm produce sale signs provided there is only one sign per lot and it is present only during the duration of the sale and is less than four (4) square feet in area.. N. Building interior signage O. Political signs. Signs sixteen (16) square feet or less in area and announcing candidates for political office or political issues, provided that such signs shall not be displayed more than sixty (60) days before any election and shall be removed within five (5) days after said election. P. Construction signs under eight (8) square feet. Q. Window signs covering no more than 60% of the window area excluding glass doors. R. Permanent, non-flashing signs on vending machines, gas pumps, ice and propane storage units. 8-11-5 GENERAL PROVISIONS. A. Sign Area. The area of the sign face which is also the sign area of a wall sign or other sign with only one face shall be computed by means of the smallest square, rectangle, circle, triangle or combination thereof that will encompass the extreme limits of the writing representation, emblem or other display, together with any material or color forming an integral part of the background of the display or used to differentiate the sign from the backdrop or structure against which it is placed. It does not include any supporting 6 framework, bracing or decorative fence or wall when such fence or wall otherwise meets zoning ordinance regulations and is clearly incidental to the display itself. A double faced sign shall count as a single sign. B. Sign Height. The height of a sign shall be computed as the distance from the grade of the centerline of the adjacent street to the top of the highest attached component of the sign. C. Yard Requirements. Except as otherwise provided, signs shall be located at least five (5) feet from any driveway and lot line. Furthermore, no sign shall be erected or located in a public right-of-way except as established by the authorized public entity responsible for the right-of-way. No sign having a height more than thirty (30) inches shall be located within that part of the yard or open area of a comer lot included within a triangular area of twenty- five (25) feet from the point of intersection of two (2) street right-of-way lines forming such a corner lot D. Illumination of Signs. The illumination of all signs shall be diffused or indirect and shall be so arranged that there will be no direct or reflecting rays into the public way or any lot on the perimeter of the premises on which the sign is located. Exposed light bulbs, neon tubing, flashing, blinking, traveling and similar illumination, including illuminated canopies are not permitted. Illuminated signs permitted in or adjacent to Residential areas shall not be illuminated between the hours of 11 :00 p.m. and 5 :00 a.m, unless the use to which the sign pertains is open. E. Sign Maintenance The owner of a sign and the owner of the premises on which the sign is located shall be jointly and severally liable to maintain such sign or signs subject to the following standards 1 . Signs shall be maintained in a neat and orderly condition and good working order, including illumination sources, at all times. 2. Signs shall be properly painted unless galvanized or otherwise treated to prevent rust or deterioration. 3. Signs shall conform to maintenance provisions of the Building and Electrical Codes as adopted by the City of Yorkville. F. Abandoned Signs Except as otherwise provided in this Ordinance, any temporary sign installed for a period of thirty (30) days or more, or any sign which pertains to a time, event, or purpose which no longer applies , shall be removed. Permanent signs applicable to a business because of change in ownership or management of such business shall be deemed abandoned if 7 the property remains vacant for a period of six (6) months or more. An abandoned sign is prohibited and shall be removed by the owner of the sign or owner of the premises within thirty (30) days. G. Removal of Signs Any sign found to be improperly maintained, abandoned or otherwise in violation of this ordinance which is not removed or repaired within thirty (30) days of written notice of the Code Official may be removed by the Code Official. Any expense incidental to such removal or repair shall be charged to the owner of the property upon which the sign is located and shall constitute a lien upon the property. 8-11 -7 PROHIBITED SIGNS. The following signs shall not be permitted: A. Moving, animated and flashing signs, except electronic message boards. B. Roof signs. E. Vehicle signs F. Signs which constitute a hazard to public health or safety. G. Signs which obstruct ingress or egress from any fire escape, door, window, or other exit or entrance. H. Signs which, by reason of size, location, content, color, or manner of illumination, obstruct the vision of motorists or interfere with the visibility or effectiveness of any traffic sign or control device on public streets. I. Signs which make use of words such as "Stop," "Look," "One-way," "Danger," "Yield" or any similar word, phrase, symbol or light so as to interfere with or confuse pedestrian or vehicular traffic. J. Billboards K. Portable signs L. Searchlights, except searchlights for grand openings and special civic events. M. Snipe signs N. Signs displaying obscene or indecent matter. O. Moving, rotating or animated signs except traditional barber poles not exceeding two (2) feet in height and projecting not more than twelve (12) 8 inches from the building utilized only to identify a hair cutting establishment 8-11-8 PERMITTED SIGNS — AGRICULTURAL, FLOOD ZONE & RESIDENTIAL ZONING DISTRICTS A. PERMANENT SIGNS 1 . Free standing identification or business sign. All non-residential uses in the agricultural, flood zone and residential zoning districts may have one free standing business or identification. Non-residential uses in the agricultural, flood zone and residential zoning districts on a comer lot with entrances on both streets may have one free standing sign on each street frontage. Said sign shall be thirty-two (32) square feet or less in area, five (5) feet or less in height and setback at least ten (10) feet from the street or entrance drive. Freestanding signs must be constructed with the base and supporting colums if present constructed of the same brick, stone or masonry material that the exterior walls of the principal building is made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. 2. Building mounted identification or business sign. All non-residential uses in the agricultural, flood zone or residential zoning districts shall be permitted to have identification or business signage for each exterior wall of that part of the building facing a public right-of- way. entrance Building mounted signage can not extend more than 75% of the building facade of the building to which it is attached, 3 . Subdivision and residential complex identification signs. Two permanent subdivision or residential complex identification signs, one on each side of the street, at primary entrances to a residential subdivision or complex containing no commercial advertising is permitted. Such signs shall be thirty-two (32) square feet or less in area and eight (8) feet or less in height and constructed out of premium building materials such as brick or stone. For the purposes of this provision this sign may be installed in two components, one on each side of the street. 9 B. TEMPORARY SIGNS 1 . Real estate signs. On non single family residential lots one real estate sign per street frontage no greater than thirty-two (32) square feet in area or five (5) feet in height.. 2. Residential Marketing signs at major entrances to residential subdivisions not to exceed one hundred (100) square feet and twelve (12) feet in height. 3. Residential off-site marketing signs to call attention to and give directions to residential developments in Yorkville shall be allowed at no more than four (4) off-site locations, and shall be no greater than one hundred (100) square feet in area and twelve (12) feet in height, Signs for a given development may be located in any zoning district provided that there is at least one quarter (1/4) mile separation from the other off-site marketing signs of that development and that no off-site marketing sign be closer to a residence than one hundred (100) feet. Off-site marketing signs for different developments must be at least 250 feet from any other off-site marketing sign. 4. Grand Opening Sign. One (1) grand opening sign not to exceed thirty-two square feet in area and eight (8) feet in height. 5. Construction sign. One construction sign per non-single family lot not to exceed thirty-two (32) square feet in area and five (5) feet in height. 8-11 -9 PERMITTED SIGNS — BUSINESS ZONING DISTRICTS A. PERMANENT SIGNS 1 . Free Standing Business Sign On lots less than three acres with one (1) street frontage one (1) free standing business sign thirty-two square feet or less feet in area and eight (8) feet or less in height shall be allowed. If the lot has more than one street frontage, one (1) free standing business sign thirty-two square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one (1) street frontage , one (1) free standing business sign sixty square feet or less in area and eight 10 feet or less in height shall be allowed. If the lot has more than one street frontage, one (1) free standing business sign sixty-four square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger that have a street frontage(s) in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight (8) feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting colums if present constructed of the same brick, stone or masonry material that the exterior walls of the principal building is made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. 2. Building mounted Business/Identification Signs a. Single—use building. A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way of ° building on a let shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right-of- way. The maximum area of such sign shall not exceed two (2) square feet for each one (1) lineal foot of the facade of the building with a public entrance. No wall sign shall extend more than 75% of the width of the building facade to which it is attached. b. Multi-tenant buildings. Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way of a building o ° ' ' shall be permitted to have building mounted business or building mounted identification signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance. The maximum area of such sign(s) shall not exceed two (2) square feet in area for each one (1) lineal foot of the facade of that portion of the building of which the tenant or owner- occupant is in possession and to which the sign is attached. 11 No wall sign shall extend more than 75% of the width of that part of the building fagade in which it is located. B. TEMPORARY 1 . Searchlights. Searchlights for a grand opening only for a period of time not to exceed seventy-two (72) hours. 2. Cold air inflatable devices. One cold air inflatable device for a grand opening only for a period of time not to exceed seventy-two (72) hours. 3 . Grand opening sign. One (1) grand opening sign not to exceed thirty- two square feet in area and eight (8) feet in height. 3. Commercial Real Estate signs. On commercial lots one real estate sign per street frontage no greater than thirty-two (32) square feet in area and five (5) feet in height. 4. Construction signs. One construction sign per lot not to exceed thirty-two (32) square feet in area and five (5) feet in height. 8-11- 10 PERMITTED SIGNS — MANUFACTURING ZONING DISTRICTS A. PERMANENT 1 . Free standing business Sign On lots less than three acres or on lots that face a residentially zoned or used lot with one (1) street frontage, one free standing business sign shall be allowed. Said sign shall be thirty-two (32) square feet or less in area and eight (8) feet or less in height. If the lot has more than one street frontage, one (1) free standing business sign thirty-two square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. On lots three acres or larger with one (1) street frontage, one (1 ) free standing business sign shall be allowed Said sign shall be a maximum of sixty (60) square feet or less in area and eight (8) feet or less in height shall be allowed. If the lot has more than one street frontage, one (1) free standing business sign sixty-four square feet or less in area and eight (8) feet or less in height per street frontage with an entrance/exit shall be allowed. 12 On lots three acres or larger that have a street frontage(s) in excess of 800 feet with two entrances/exits at least 600 feet apart may have two free-standing business signs sixty-four square feet or less in area and eight (8) feet or less in height on each street frontage. Freestanding signs must be constructed with the base and supporting column if present constructed of the same brick, stone or masonry material that the exterior walls of the principal building is made of. The sign panel containing the type and the type must match the color and type used on any wall mounted signage. 2. Building mounted Business/Identification Signs a. Single-use building. A business having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way ° building en a e shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance or faces a public right-of-way. The maximum area of such sign shall be two (2) square feet or less in area for each one (1) lineal foot of the facade of the building with a public entrance. b. Multi-tenant buildings. Each tenant having a public entrance in an exterior building wall or having an exterior wall facing a public right-of-way a building on a !at shall be permitted to have building mounted identification signage or building mounted business signage for each exterior wall of that part of the building in which it is located, provided said wall contains a public entrance. The maximum area of such sign(s) shall be two (2) square feet or less in area for each one 0) lineal foot of the facade of that portion of the building of which the tenant or owner- occupant is in possession and to which the sign is attached. All business and identification signs shall be wail, awning, canopy or marquee signs. 13 B. TEMPORARY 1 . Real estate signs. On industrial lots one real estate sign per street frontage no greater than thirty-two square feet in area or five (5) feet in height. 2. Construction signs. One construction sign per industrial lot not to exceed thirty-two (32) square feet in area and ten (10) feet in height. 3. Banners/Special Business Event sign. One Special Business Event sign per industrial lot not to exceed thirty-two (32) square feet in area and ten (10) feet in height. 8-11- I1 NONCONFORMING SIGNS A. Any sign for which a permit has been lawfully granted prior to the effective date of this or any subsequent amendment to the sign ordinance and which does not comply with the provisions of such amendment may nonetheless be completed in accordance with the approved plans, provided construction of the sign is started within ninety (90) days after the passage of the ordinance amendment and is completed within sixty (60) days after beginning construction. B. Whenever a nonconforming sign has been discontinued for a period of six (6) months, or whenever there is evidence a clear intent on the part of the owner to abandon a nonconforming sign, such sign shall not, after being discontinued or abandoned, be re-established and the sign hereafter shall be in conformity with the regulations of this ordinance. C. Normal maintenance of a nonconforming sign is permitted including necessary nonstructural repairs or incidental alterations which do not extend or intensify the nonconforming features of the sign. D. No structural alteration, enlargement or extension shall be made in a nonconforming sign except when the alteration will actually result in eliminating the nonconformance. E. If a nonconforming sign is damaged or destroyed by any means to the extent of fifty (50) percent or more of the replacement value at the time, the sign can be rebuilt or used thereafter only for a conforming use and in compliance with the provisions of this ordinance. In the event the damage or destruction is less than fifty (50) percent of its replacement value based upon prevailing costs, the sign may then be restored to its original condition and the use may be continued which existed at the time such partial destruction until the nonconforming sign is otherwise abated by the 14 provisions of this ordinance. In either event, a permit for restoration or repair must be applied for within a period of thirty (30) days from the date of damage or destruction, and be completed within sixty (60) days after beginning restoration or repair. F. Existing temporary signs shall expire at the termination date specified on the permit, but in no case later than six (6) months from the passage of this ordinance. New temporary signs shall be allowed only in conformance with the provisions contained in this ordinance. Such signage must be removed by the close of business of the day the temporary sign permit expires. 8-11- 12 PERMITTING PROCEEDURES Permits for Permanent and Temporary Signs A. No sign shall be erected, enlarged, expanded, altered or relocated unless the person proposing to erect, alter or move such sign shall obtain a permit from the Code Official. Such permit shall be issued only when the sign complies with all of the applicable provisions of this ordinance. The fee for granting such a permit shall be established by the City Council. The schedule of fees shall be posted in the City offices and may be amended only by the City Council. Routine sign maintenance, changing of parts designed for change or changing the content of a sign in any manner which does not change the functional classification of the sign shall not, standing alone, be considered an alteration of the sign requiring the issuance of a permit, unless such change of parts or content relates to or is occasioned by a change in the ownership or nature of the activity to which the sign relates or which is conducted on the premises on which the sign is located. B. Any person desiring a permit for a permanent or temporry sign shall file a permit application which shall contain or have attached the following information: 1 . A copy of plans and specifications showing the method of construction, illumination, if any, and support of such sign. Calculations showing the sign is designed for dead load and wind pressure in any direction in the amount required by other applicable laws and ordinances of the City may be required. 15 2. A plat of survey showing the location of the sign(s) on the lot and a drawing indicating the location of the sign(s) on any building or structure on the lot. 3 . A sketch, drawn to scale, showing sign faces, exposed surface areas and the proposed message and design, ac- curately represented as to size, area, proportion and color. 4. The written consent of the owner(s) or agent of the building, structure, or land on which the sign is erected. 5. The name, address and phone number of the applicant. 6. The name of the person, firm, corporation or association erecting, altering or moving the sign. C. Temporary Sign Permit Frequency and Duration Type of Sian Maximum Duration Maximum frequency Banners 14 days three times per year Special sale/business event 14 days three times per year Commercial real estate 6 months renewable Industrial real estate 6 months renewable Residential marketing 6 months renewable Grand opening 30 days once per business Cold Air Inflatable Device 72 hours once per business Searchlights 72 hours once per business Construction during active building permit issuance SECTION 8-11 -13 SIGN VARIATIONS In addition to the procedures and standards listed in Section 10-14-5 of the Zoning Ordinance regarding variations from the requirements, the Zoning Board of Appeals shall also consider the following factors in hearing testimony and making decisions regarding sign variance requests: 1 . If the sign was erected legally with a sign permit. 2. If there are any unique physical characteristics of the property 3 . If there are limited available locations for signage on the property 4. The cost to the applicant of complying with the sign ordinance requirements 16 5. If the sign is on or faces a street with a forty (40) mile per hour or higher speed limit. 6. If the sign is on a street with 20,000 or higher vehicle trips per day. 7. If the sign would be blocked by existing or required landscaping. 8. If it is a wall sign facing a public right-of-way without a public entrance. 17