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City Council Packet 2007 05-22-07
0 Clpk United City of Yorkville 800 Game Farm Road EST. ¢ 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553 -7575 C� EEC ®dv AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, May 22, 2007 Call to Order: Pledge of Allegiance: Roil Call by Clerk: WARD I WARD II WARD III WARD IV Jason Leslie Gary Golinski Marty Munns Joe Besco Wally Werderich Arden Joe Plocher Robyn Sutcliff Rose Ann Spears Establishment of Quorum: Executive Session: 1 . For litigation, when an action against, affecting, or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. 2. For the appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Committee of the Whole 7:00 p.m., Wednesday, June 19, 2007 City Hall Conference Room Economic Development Committee: Committee of the Whole 7:00 p.m., Wednesday, June 19, 2007 City Hall Conference Room City Council Meeting Agenda May 22, 2007 Page 2 Committee Meeting Dates (con't): Administration Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, June 5, 2007 City Hall Conference Room Public Safety Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, June 5, 2007 City Hall Conference Room Presentations: None Public Hearings: 1 . SB &WD, LLC petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning from United City of Yorkville R-3 to United City of Yorkville PUD zoning to allow uses permitted in the R-3 zoning classification, an amendment to the original annexation agreement, and for hearing as to the Concept PUD plan, Preliminary PUD plan, and amended annexation agreement of the petitioner. The real property consists of approximately 9.69 acres, located south of the southeast corner of Rt. 47 and Rt. 71 , Yorkville, Illinois. 2. Donald Hamman and Carol Hamman, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting an amendment to the PUD Agreement (Ordinance 2000- 34). The real property consists of approximately 127.56 acres, generally located 70 acre vacant part of Hamman PUD described in Ordinance 2000-34 easterly of Yorkville Crossings Unit One (common address 8823 Rt. 34 in Yorkville) and 57.57 acres north of Crimson Lane and east of Prairie Point development. -------------- ---------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Citizen Comments: Consent Agenda: 1 . PC 2006-95 Resolution Approving the Final Plat of Subdivision for Kleinwachter Subdivision - authorize Mayor and City Clerk to execute, subject to staff comments and legal review 2. PC 2007-11 Resolution Approving the Preliminary and Final Plat of Subdivision for Fountainview Subdivision - authorize Mayor and City Clerk to execute, subject to staff comments and legal review 3 . PC 2007- 10 Resolution Approving the Final Plat of Subdivision for Rush-Copley Health Care Center - authorize Mayor and City Clerk to execute, subject to staff comments and legal review 4. EDC 2007-20 Resolution Transferring Jurisdictional Development Review to the City of Plano (DuPage Asphalt) - authorize Mayor and City Clerk to execute S. PW 2007-73 SCADA Project — Change Order #1 - authorize increase in an amount not to exceed $18, 860. 00, a time extension of 86 days and authorize Mayor to execute 6. PW 2007-74 Rob Roy Creek Interceptor (North Branch #1) — Change Order #2 - authorize increase in an amount not to exceed $20,380. 00 and authorize Mayor to execute City Council Meeting Agenda May 22, 2007 Page 3 Consent Agenda (con't): 7. PW 2007-75 IDOT Highway Permit and Resolution — Kleinwachter Development - authorize Mayor and City Clerk to execute 8. PW 2007-77 Fox Highlands — Final Acceptance & Bond/Letter of Credit Reductions #2 - accept public improvements for ownership and maintenance with the understanding that the remaining punchlist items will be completed during the one year warranty period and approve two bond/letter of credit reductions totaling $327, 061. 40 9. PW 2007-78 Fox Hill Centre — Final Acceptance & Letter of Credit Reductions #2 - accept public improvements for ownership and maintenance, release the letter of credit for site development work and reduce the supplemental letter of credit in an amount not to exceed $45, 069. 15 10, PW 2007-79 Game Farm Road/Somonauk Street Reconstruction a. IDOT Funding Agreement - authorize Mayor to execute b. Engineering Services Agreement - authorize Mayor and City Clerk to execute c. MFT Appropriation Resolution - authorize City Clerk to execute 11 . PW 2007-80 SLF Yorkville — Plat of Easement - authorize Mayor and City Clerk to execute 12. PW 2007-81 Fountain Village of Yorkville (Lots 4 & 5) — Plat of Easement - authorize Mayor and City Clerk to execute 13 . PW 2007-82 In-Town Road Program (Phase 2) — Watermain Easement - authorize Mayor and City Clerk to execute as presented 14. PKBD 2007-07 Intergovernmental Cooperative Agreement of the Yorkville Community Unit School District #115 and the City - authorize Mayor and City Clerk to execute Plan Commission / Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — April 10, 2007 and May 14, 2007 Minutes of Committee of the Whole — April 18, 2007 and May 1 , 2007 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 873,052.85 (vendors — FY 06/07) $ 127,543.52 (vendors — FY 07/08) $ 217,262.00 (payroll period ending 4/28/07) $ 20,089.53 (payroll period ending 4/31 /07) $ 1 ,237,947.90 (total) (Revised — see revised summary in packet.) City Council Meeting Agenda May 22, 2007 Page 4 Reports: Mayor's Report: 1 . Proclamation for National Public Works Week 2. Proclamation for Click it or Ticket Mobilization 3 . Proclamation for Relay for Life Days 4. Appointments to Boards and Commissions 5 . Appointment of Department Heads: Interim City Administrator, Finance Director, Public Works Director, Chief of Police, Director of Parks and Recreation, Building Inspector/Zoning Officer, City Engineer and Budget Officer 6. Police Chief Contract City Council Report: City Attorney's Rcport: City Clerk's Report: City Treasurer's Roo City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks & Recreation Report: Community Development Director Report: Community Relations Officer: Community & Liaison Report: Committee Reports: Pubic Works Committee Report: 1 . PW 2007-76 Sunny Valley Farm — Route 126 Drainage Issue Economic Development Committee Report: 1 . PC 2006-97 Castle Bank Trust #2508 Annexation a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning Public Safety Committee Report: 1 . No Report. City Council Meeting Agenda May 22, 2007 Page 5 Administration Committee Report: 1 . No Report. Additional Business: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES — FY 07/08 ----------------------------------- ;PUBLIC WORKSI Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Vice-Chairman: Alderwoman Sutcliff Streets and Alleys YBSD Committee: TBA Sanitation and Waste Committee: TBA [ECONOMIC DEVELOPMENT. Committee Departments Liaisons Chairman: Alderman Leslie Planning & Building & Zoning Chamber of Commerce Vice-Chairman: Alderman Golinski Business & Economic Dev, Kendall County Econ. Dev. Committee: TBA Plan Commission Committee: TBA Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development [PUBLIC SAFETY - Committee Departments - - Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Vice-Chairman: Alderman Werderich Schools School District Committee: TBA Public Relations KenCom Committee: TBA ;ADMINISTRATION; _____________________--------------------------- -------------- ent - -- -- — — - - -Liaisons Committee Departments Liaisons Chairman: Alderman Munns Finance Metra Vice-Chairman: Alderman Plocher Public Properties Library Committee: TBA Personnel Cable Consortium Committee: TBA AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, May 22, 2007 PRESENTATION: 1 . None PUBLIC HEARINGS: 1 . Wynstone Townhomes 2. Yorkville Crossings CITIZEN COMMENTS: CONSENT AGENDA: 1 . PC 2006-95 Resolution Approving the Final Plat of Subdivision for Kleinwachter Subdivision 2. PC 2007-11 Resolution Approving the Preliminary and Final Plat of Subdivision for Fountainview Subdivision 3 . PC 2007- 10 Resolution Approving the Final Plat of Subdivision for Rush- Copley Health Care Center 4. EDC 2007-20 Resolution Transferring Jurisdictional Development Review to the City of Plano (DuPage Asphalt) 5. PW 2007-73 SCADA Project — Change Order #1 6. PW 2007-74 Rob Roy Creek Interceptor (North Branch #1) — Change Order 92 7. PW 2007-75 IDOT Highway Permit and Resolution — Kleinwachter Development 8. PW 2007-77 Fox Highlands — Final Acceptance & Bond/Letter of Credit Reductions #2 9. PW 2007-78 Fox Hill Centre — Final Acceptance & LOC Reductions #2 10. PW 2007-79 Game Farm Road/Somonauk Street a. IDOT Funding Agreement b. Engineering Services Agreement c. MFT Appropriation Resolution 11 . PW 2007-80 SLF Yorkville — Plat of Easement 12. PW 2007-81 Fountain Village of Yorkville (Lots 4 & 5) — Plat of Easement 13. PW 2007-82 In-Town Road Program (Phase 2) — Watermain Easement 14. PKBD 2007-07 Intergovernmental Cooperative Agreement of the Yorkville Community Unit School District #115 and the City Minutes for Approval (Corrections and Additions): Minutes of City Council: April 10, 2007 and May 14, 2007 Minutes of Committee of the Whole: April 18, 2007 and May 1 , 2007 Bill Payments for approval: $ 873,052.85 (vendors — FY 06/07) $ 127,543 .52 (vendors — FY 07/08) $ 217,262.00 (payroll period ending 4/28/07) $ 20,089.53 (payroll period ending 4/31 /07) $ 1 ,237,947.90 (total) (Revised — see revised summary in packet.) REPORTS: Mayor's Report: 1 . Proclamation for National Public Works Week 2. Proclamation for Click it or Ticket Mobilization 3. Proclamation for Relay for Life Days 4. Appointment to Boards and Commissions 5. Appointment of Department Heads: Interim City Administrator, Finance Director, Chief of Police, Director of Parks and Recreation, Building Inspector/ Zoning Officer, City Engineer and Budget Officer 6. Police Chief Contract COMMITTEE REPORTS: Public Works Committee: 1 . PW 2007-76 Sunny Valley Farm — Route 126 Drainage Issue Economic Development Committee: 1 . EDC 2007-97 Castle Bank Trust #2508 Annexation a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning Public Safety Committee: 1 . No Report Administration Committee: 1 . No Report Additional Business C ("ievirU� I THIS INSTRUMENT PREPARED BY AND RETURN TO: Richard M. Guerard 605 Lindsay Circle North Aurora, Illinois 60542 630.966. 1000 RESTATED AND AMENDED ANNEXATION AGREEMENT WYNSTONE TOWNHOMES THIS AMENDMENT TO THE ANNEXATION AGREEMENT, AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the day of , 2007, by and between SB & WD, L.L.C., an Illinois limited liability company ("Owner") and ("Developer"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois ("City") by and through its Mayor and Alderman ("Corporate Authorities"). OWNER, DEVELOPER and the City are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties". RECITALS: A. OWNER is the OWNER of record of those certain parcels of real estate legally described on Exhibit "A" attached hereto ("Wynstone Property"). B. Owner and the CITY, together with the owners of certain other property have heretofore entered into that certain Annexation Agreement dated April 6, 2000 recorded June 14, 2000 as Document 0008080 ("Annexation Agreement') which provided for, among other things, the annexation of the Property to the CITY. Also annexed, as a part of the Annexation Agreement, was a parcel of property adjacent to the west, of approximately 2.294 acres, which was granted zoning of B-3 Service Business District. C. The Owner desires to restate and amend the Annexation Agreement for the Property to the City upon terms and conditions recited in this agreement. D. The Owner, after full consideration, recognizes the many advantages and benefits resulting from the annexation of the Property to the City. E. The OWNER desires to amend the annexation agreement to the City for the purposes of developing one contiguous planned unit development (PUD) known as the Wynstone Townhomes (approximately 9.64 acres). F. DEVELOPER further desires to amend the Annexation Agreement as it pertains to the Wynstone Property in accordance with the terms and provisions of this Amendment in order to facilitate the development of the Wynstone Property for developing one contiguous planned unit development, and the CITY is agreeable to amending the Annexation Agreement as it pertains to the Wynstone Property in accordance with the term and provisions of this Amendment. This Amendment is not intended, and shall not be construed, to alter or amend the Annexation Agreement and the rights, duties and obligations thereunder as the same pertains to the other real estate being the subject of the Annexation Agreement. G. DEVELOPER desires to proceed with the development thereof for residential use in accordance with the terms and provisions of this Agreement. H. The property is currently located within the corporate limits of the City of Yorkville pursuant to an annexation agreement entered into with the United City of Yorkville April 6, 2000 and recorded in the Recorders Office of Kendall County on June 14, 2000 as Document No. 0008080. I. DEVELOPER proposes that a portion of the Wynstone Property as legally described and in Exhibit "A" attached hereto ("R-3 Parcel") be rezoned as PUD under the R-3 Classification for Townhomes under the provisions of the City Zoning Ordinance ("Zoning Ordinance"), Residence District with a Special Use for a Planned Unit Development with twnhomes. J. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the City upon the matters covered by this Agreement. K. The City and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. L. The Corporate Authorities, after due and careful consideration, have concluded that the Agreement of the Annexation Agreement in accordance with the terms and provisions of this Agreement, and the rezoning, subdivision and development of the Property as provided for herein, will inure to the benefit and improvement of the City in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the City and will otherwise enhance and promote the general welfare of the people of the City. M. (i) Each party agrees that it is in the best interests of the OWNER and DEVELOPER and the City to annex and develop the subject real property described in the Attached Exhibit `B" as a Planned Unit Development (PUD) establishing a unique character 2 and to provide for the orderly flow of traffic in the development and to adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the DEVELOPER and OWNER to provide for specific performance standards in the development of the subject property. (iii) Each party agrees that a substantial impact will be had on the services of the United City of Yorkville and the Yorkville School District by development of said real property. (iv) The subject real property is located within the corporate boundaries of the CITY; and not within the corporate boundaries of any other municipality. N. It is the desire of the CITY, DEVELOPER and OWNER that the development and use of the Wynstone Property proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. O. The CITY's Plan Commission has considered the Petition, 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/DEVELOPER. P. The OWNER/DEVELOPER and its representatives have discussed the proposed annexation and have had public meetings with the Plan Commission and 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, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement and in addition to the Petition for Zoning and Annexation and drawings submitted therewith, including the approved concept PUD plan to be approved by the CITY Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1 . LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY Ordinances and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ZONING. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to rezone the Property under the R-3 Residential District of the CITY Zoning Ordinance ("Zoning Ordinance") to R-3 with a special use for Planned Unit Development. The zoning map of 3 the CITY shall thereupon be modified to reflect the classifications of the Wynstone Property as aforesaid. 3 . SUBDIVISION OF WYNSTONE PROPERTY. a. The Property shall be developed in the manner and in accordance with the Preliminary PUD Plan, and such development shall be in full conformance with the CITY's Zoning Ordinance, Subdivision Regulations, Building Code, and other CITY ordinances, codes, rules and regulations pertaining to the development of the Property as provided in Paragraph 8 of this Agreement, except as otherwise modified or varied pursuant to the terms of this Agreement (the Preliminary Plan is attached as exhibit B). The engineering design for the sanitary sewer, water, storm sewer service and the storm water retention/deten- tion, as well as the streets and sidewalks within, upon and serving the Property, shall be substantially as provided in the Concept PUD Plan. b. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary PUD Plan (Exhibit B). 4. VARIATIONS FROM LOCAL CODES. The specific variations and deviations from the CITY' s ordinances, rules, and codes as set forth in Exhibit "C" attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the Wynstone Property ("Permitted Variations"). 5 . UTILITIES AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement, and such work and the cost thereof shall be the sole responsibility of DEVELOPER, except as otherwise provided in this Agreement: A. Sanitary Sewer Facilities. DEVELOPER shall cause the Wynstone Property, or such developable portions thereof as may be appropriate, to be annexed to the Yorkville- Bristol Sanitary District ("Yorkville Bristol" or "YBSD") for the purpose of extending and connecting to the sanitary sewer lines and treatment facilities of Yorkville-Bristol. The installation of sanitary sewer lines to service the Wynstone Property and the connection of such sanitary sewer lines to the existing sewer lines of Yorkville-Bristol shall be carried out in substantial compliance with the Final Engineering as approved by the CITY for each Phase of Development. The CITY shall fully cooperate with OWNER and DEVELOPER in obtaining such permits as 4 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 Wynstone Property. The sanitary sewer mains constructed by DEVELOPER for each Phase of Development which are eighteen (18) inches or more in diameter ("Large Lines") shall be conveyed to Yorkville-Bristol, and the sanitary sewer lines which are smaller than fifteen inches in diameter ("Small Lines") shall be conveyed to the CITY and the CITY shall take ownership of and, at its expense, be responsible for the ongoing care, maintenance, replacement and renewal of said Small Lines following the CITY' s acceptance thereof, which acceptance shall not be unreasonably denied or delayed. B. Water Facilities. The CITY represents that the water distribution system of the CITY currently has and the CITY will reserve sufficient capacity to service the Subject Property with potable water for domestic water consumption and fire flow protection, if the Subject Property is developed in accordance with this Agreement. The CITY further agrees, following acceptance by the CITY of the public improvements constructed within the Subject Property, to maintain said water distribution system to and within the Subject Property. The CITY further agrees to 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, to permit the Subject Property to be served with potable water and fire flow protection. In addition, the CITY will accept dedication of, and thereafter maintain, all primary water lines constructed by DEVELOPER in substantial conformity with the Final Engineering for each Phase of Development, pursuant to applicable provisions of the Subdivision Ordinance and other applicable codes and ordinances of the CITY. Location and size of the water lines to be installed by DEVELOPER shall be in substantial conformity with the Preliminary Engineering, subject to review and approval of Final Engineering for each Phase of Development. DEVELOPER shall connect the Subject Property to the CITY water supply system in accordance with the approved engineering. The CITY shall exercise good faith and due diligence to complete the development shall be as provided by ordinance for all properties in the CITY, except as otherwise provided herein. C. Storm Water Facilities. 1 . DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the Wynstone Property, in substantial conformity with the Preliminary Engineering, subject to review and approval of Final Engineering for each Phase of Development, in the following manner: 5 a. Installation of underground sewers within that part of the Wynstone Property to be developed and improved with buildings, structures, streets, driveways, and other locations as identified on the Preliminary Engineering, which improvements shall be conveyed to the CITY and thereafter owned and maintained by the CITY. b. Installation of graded, open swales or ditches and storm water retention/detention areas as depicted on the Preliminary Engineering within that part of the Wynstone Property designated on the Preliminary Engineering for such purpose, subject to review and approval of Final Engineering for each Phase of Development. 2. The CITY, for the full term of this Agreement, and any extension thereof, shall require no more than that degree and type of storm water retention/detention as is currently called for in the existing ordinances of the CITY. D. Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the Wynstone Property in substantial conformity with the Final Engineering as approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance, rule or regulation to the contrary, all public sidewalks and parkway landscaping to be constructed or installed upon the Wynstone Property pursuant to the approved Final Engineering for each Phase of Development may be installed and completed on a lot by lot or block by block basis, but they remain as a part of the public improvements for each Phase of Development. The CITY shall accept the ownership and maintenance responsibility of the portions of the Trail System/Bike Path, constructed in accordance with the Final Plat and Final Engineering, located in the public right of way. 6. SECURITY INSTRUMENTS. A. 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 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. All such Security Instruments if in the form of an irrevocable letter of credit shall be substantially in the form set forth in Exhibit "F", attached hereto. The CITY Council, pursuant to recommendation by the CITY Engineer, may from time to 6 time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five percent (85%) of the value certified by the CITY Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (I10%) 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 Phase of Development. B. Release of Underground. Upon completion and inspection of underground improvements in each Phase of Development; and recommendation of acceptance by the CITY engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any 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 Control Ordinance. C. Release of Streets. Upon completion of street and related road improvements in each Phase of Development; and recommendation of acceptance by the City engineer, DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subj ect 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 Control Ordinance. D. Transfer and Substitution. Upon the sale or transfer of any portion of the Wynstone Property, 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 DEVELOPER. 7. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IMPROVEMENTS. The public improvements constructed as a part of the development of each Phase of Development shall be accepted by the CITY pursuant to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following DEVELOPER' s completion thereof for each Phase of Development in compliance with the requirements of said ordinance. 8. AMENDMENTS TO ORDINANCES. All ordinances, regulations, 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 Wynstone Property 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 Wynstone Property except upon the written 7 consent of DEVELOPER during said five (5) year period. After said five (5) year period, the Wynstone Property and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Wynstone Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Wynstone Property being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the Wynstone Property pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the Wynstone Property and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the Wynstone Property shall be given full force and effect. 9. BUILDING CODE. The CITY has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in effect as of the date of building permit application will govern any and all construction activity within the Subject Property. 10. FEES AND CHARGES. During the first five years following the date of this Agreement, the CITY shall impose upon and collect from the OWNER and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY. 11 . CONTRIBUTIONS. OWNER and DEVELOPER shall not be required to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 12. HOMEOWNERS ASSOCIATION AND DORMANT SSA. In order to provide for the maintenance of the Subdivision signage, common areas and open space, in the event the Homeowner's Association fails to so maintain, OWNER agrees to execute a consent to the creation of a dormant Special Service Area prior to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have approved ordinances encumbering all residential units of said subdivision, as to common subdivision signage, storm water management or other common areas of the subdivision. 13 . OWNER' S/DEVELOPER' S CONTRIBUTIONS. OWNER or DEVELOPER shall be responsible for making the following contributions to compensate the Yorkville Community School District #115 ("School District") and the United City of Yorkville, Recreation Department ("Recreation Department") for the estimated impact which is projected to be experienced by said districts as a result of the development of the Wynstone Property in the manner provided for under this Agreement: 8 A. School Contribution. OWNER or DEVELOPER shall provide cash-in-lieu of land to the CITY for school purposes ("School Contribution"). The total land area required for contribution pursuant to applicable ordinances of the CITY, based upon the Preliminary Plat, is acres. The school contribution shall be paid by a cash contribution in accordance with the CITY ordinances made at time of recording the first final plat in accordance with the amount per unit in Exhibit `D' . The fee shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit. The DEVELOPER has agreed to pay a transition fee to the School District in the amount of $ per unit. The fee will be paid at the rate of $ per unit on a per-building permit basis as building permits are issued. The method of payment will be in accordance with the CITY' S current procedure. This procedure is for the Builder for a home to pay the fee for that unit to the School District directly and receive a receipt from the School District for the unit paid and then for this receipt to be presented by the Builder to the CITY prior to the issuance of a building permit for that unit, on a lot by lot basis. Said fees are being paid voluntarily and with the consent of OWNER and DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. OWNER AND DEVELOPER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. B. Park Contribution. OWNER or DEVELOPER shall provide a contribution of land only to the CITY for park purposes ("Park Contribution"). The total land area required for contribution for park purposes pursuant to applicable ordinances of the CITY, based upon the Preliminary Plat, is acres. OWNER or DEVELOPER shall cause fee title to no less than acres of land, as identified on the Preliminary PUD Plan ("Park Site") to be conveyed to the CITY, or to such other entity as the CITY shall direct in writing, in partial satisfaction of the Park Contribution. The balance of any park contribution shall be paid by a cash contribution in accordance with the CITY ordinances made at time of conveyance of the park site to the CITY. The Park Site shall be conveyed in such manner and at such time as required by applicable ordinances of the CITY. Prior to conveyance of the Park Site DEVELOPER shall, at its expense, grade, seed and prepare the Park Site in conformity with the Final Engineering. C. The fees listed in Exhibit "D" shall be paid to the CITY for each unit. Unless otherwise provided in this Agreement, said development, transition, impact, and other fees shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit. 9 14. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Wynstone Property, DEVELOPER shall be entitled to construct, maintain and utilize up to two (2) offsite subdivision identification, marketing and location signs at such locations within or without the corporate limits of the CITY as DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs"). DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each of the Offsite Signs may be double faced signs which shall not exceed twenty (20) feet in height with an area for each sign face not exceeding two hundred (200) square feet, subject to the requirements of any permitting authority other than the CITY. Each Offsite Sign may be illuminated. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Wynstone Property as identified in Exhibit "H", attached hereto. 15. MODEL HOMES/PRODUCTION UNITS. During the development and build out period of the Wynstone Property (subsequent to final plat approval), DEVELOPER, and such other persons or entities as DEVELOPER may authorize, may construct, operate and maintain model homes within the Wynstone Property staffed with DEVELOPER' S, or such other person's or entity' s, sales and construction staff, and may be utilized for sales and construction offices. The number of such model homes and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. No off-street parking shall be required for any model home other than the driveway for such model home capable of parking two (2) cars outside of the adjacent road right-of-way. Building permits for model homes, and for up to six (6) production dwelling units, shall be issued by the CITY upon proper application therefore prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon proof to the CITY the OWNER has demonstrated to the Bristol Kendall Fire Protection District fire hydrants within 300 feet of the dwelling units are operational). Prior to issuance of occupancy permits of model homes, water shall be made available within 300' of homes. There shall be no occupation or use of any production dwelling units until the binder course of asphalt on the street, the water system and sanitary sewer system needed to service such dwelling unit are installed and operational. Any fire hydrants that are not in service within 30 days of installation shall be marked or bagged by the OWNER. DEVELOPER may locate temporary sales and construction trailers upon the Wynstone Property during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the Wynstone Property or upon the occupancy of model homes within the Wynstone Property, whichever shall first occur. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the Cities approval. The parking lot must have a hard surface before occupancy is permitted. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnitees") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnitees as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each 10 Phase of Development as the Final Plat and Final Engineering for each such Phase of Development is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnitees for each Phase of Development. 15 . CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor' s supply storage trailers may be placed upon such part or parts of the Wynstone Property as required and approved by DEVELOPER for development purposes. Said trailers may remain upon the Wynstone Property until the issuance of the last final occupancy permit for the Wynstone Property. No contractor's trailers or supply trailers shall be located in the public right-of-way. 16. OVERSIZING OF IMPROVEMENTS. In the event oversizing of public improvements is hereafter requested and properly authorized by the CITY for the Wynstone Property, and agreed to by DEVELOPER, for any of the public improvements constructed to develop the Wynstone Property for the purpose of serving property other than the Wynstone Property, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 18.A. hereof, with DEVELOPER providing for the payment of the cost of such oversizing by the OWNER of properties benefited by the same. The improvements which qualify as oversized and the identity of the benefited properties shall be identified at the time of approval of Final Engineering for a Phase of Development. 17. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the Wynstone Property be designated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plat. 18. RECAPTURE AGREEMENTS. A. Benefiting the Wynstone Property. See Section 20.E of this agreement. B. Encumbering the Wynstone Property. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the Wynstone Property which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER, DEVELOPER, or their successors, upon connection of the Wynstone Property to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the Wynstone Property. 19. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the Wynstone Property DEVELOPER determines that any existing utility easements and/or lines require relocation to facilitate development of the Wynstone Property in accordance with 11 the Preliminary Plan, the CITY shall fully cooperate with DEVELOPER in causing the vacation and relocation of such existing easements, and all costs thereof shall be home by the DEVELOPER. If any easement granted to the CITY as a part of the development of the Wynstone Property is subsequently determined to be in error or located in a manner inconsistent with the intended development of the Wynstone Property as reflected on the Preliminary 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 borne by 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. a. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER or DEVELOPER SHALL 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. b. Within 30 days of a written request from the United City of Yorkville, which includes legal descriptions and exhibits as necessary, the OWNER or DEVELOPER SHALL convey by Warranty Deed, fee simple title of future highway or road right of way to the 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. 20. DISCONNECTION. OWNER and DEVELOPER agree that DEVELOPER shall develop the Wynstone Property as a subdivision to be commonly known as Wynstone Subdivision in accordance with the Concept PUD Plan approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNER or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY. 21 . CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 22. ANNEXATION FEE. The CITY hereby confirms and agrees that, since the Property has been annexed to the CITY since 2000, no annexation fee shall become due or payable regarding the Property, except as otherwise provided in this Agreement. 23. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained 12 herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon subsequent grantees and successors in interest of the OWNER, DEVELOPER, and the CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a lot improved with a dwelling wait who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. This Agreement contains all the terns and conditions agreed upon by the parties hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terns and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any parry is required to, or may wish to, serve upon any other parry in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (i) If to OWNER and/or DEVELOPER: SB & WD, LLC 605 Lindsay Circle North Aurora, IL. 60542 Attn: Richard M. Guerard Fax: (630) 966- 1006 with a copy to: Guerard, Kalina & Butkus 100 W. Roosevelt Road Wheaton, IL 60187 Attn: Richard M. Guerard Fax: (630) 690-9652 13 (ii) If to CITY: United CITY of Yorkville Attn: CITY Clerk 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-4350 with a copy to: John Wyeth, Esq. 800 Game Farm Road Yorkville, I160560 Fax: (630) 553-4350 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severabilitv. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11 - 15 . 1 - 1 , et seq., Illinois Compiled Statutes (1998 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY, 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 Wynstone Property. F. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the CITY Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the OWNER of record of a portion of the Wynstone Property as to provisions applying exclusively thereto, without the consent of the OWNER of other portions of the Wynstone Property not affected by such Agreement. G. Convey. 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 Wynstone Property, whether improved or unimproved. H. 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 Wynstone Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and CITY Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. 14 I. Tenn of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNER. J. motions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. J. Recording. This Agreement shall be recorded in the Office ofthe Recorder of Deeds, Kendall County, Illinois, at DEVELOPER's expense. K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. L. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. M. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any opened phase 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 the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, or Yorkville-Bristol Sanitary District. N. Highway 47. DEVELOPER agrees to comply and pay the cost of compliance with all State requirements with regard to the entrance into the development from State Highway 47. O. 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. P. Excul ap tion. 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 Wynstone Property, the CITY, the DEVELOPER, or OWNER, including, but not limited to, county, state or federal regulatory bodies. 15 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. DEVELOPER & OWNER: CITY: SB & WD, L.L.C., UNITED CITY OF YORKVILLE, an an Illinois limited liability company Illinois municipal corporation by Wyndham Deerpoint Homes, Inc., Managing Member By: By: Mayor Title: President Attest: Dated: CITY Clerk Dated: 16 LIST OF EXHIBITS EXHIBIT "A": Legal Description of NVynstone Property EXHIBIT `B": Depiction and Legal Descriptions of Zoning Parcels EXHIBIT "C": Preliminary PUD Plan EXHIBIT "D": Development Fee List EXHIBIT "E": Permitted Variations and Design Standards EXHIBIT "F": Form Letter of Credit EXHIBIT "H": Project Signage EXHIBIT "I": Recapture Improvements Exhibit "A" Le)Zal Description THAT PART OF THE NORTHWEST QUARTER OF SECTION 9 TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS COMMENCING THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHWEST QUARTER 569 20 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE NO. 47 THENCE SOUTH 35 DEGREES, 00 MINUTES, 00 SECONDS EAST, ALONG SAID CENTERLINE, 1062.70 FEET TO A POINT HEREINAFTER REFERRED TO AS "POINT All THENCE NORTH 35 DEGREES, 00 MINUTES, 00 SECONDS WEST, ALONG SAID CENTERLINE, 597 50 FEET; THENCE NORTH 52 DEGREES, 50 MINUTES, 00 SECONDS EAST, 265 00 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 35 DEGREES, 00 MINUTES, 00 SECONDS EAST, PARALLEL WITH SAID CENTERLINE, 543. 13 FEET TO A LINE DRAWN NORTH 41 DEGREES, 20 MINUTES, 00 SECONDS EAST FROM POINT "Ali; THENCE NORTH 41 DEGREES, 20 MINUTES, 00 SECONDS EAST, 633.61 FEET TO A SOUTHWESTERLY LINE OF "OAK HILL FARM" (AS OCCUPIED AND MONUMENTED) AS SHOWN IN A PLAT RECORDED IN PLAT BOOK 5, AT PAGE 16; THENCE NORTH 53 DEGREES, 33 MINUTES, 06 SECONDS WEST, ALONG SAID SOUTHWESTERLY LINE, 684.96 FEET TO AN ANGLE POINT THERIN; THENCE NORTH 13 DEGREES, 10 MINUTES, 12 SECONDS WEST, ALONG A WESTERLY LINE OF SAID OAK HILL FARM 41 .45 FEET TO THE SOUTHEAST CORNER "WALNUT RIDGE, KENDALL TOWNSHIP, KENDALL COUNTY r ILLINOIS"; THENCE SOUTH 71 DEGREES, 40 MINUTES, 28 SECONDS WEST, ALONG THE SOUTH LINE OF SAID WALNUT RIDGE, A DISTANCE OF 179.88 FEET TO A SOUTHWEST CORNER OF THEREOF; THENCE NORTH 18 DEGREES, 19 MINUTES, 32 SECONDS WEST, ALONG SAID SOUTH LINE, 15.90 FEET; THENCE SOUTH 71 DEGREES, 40 MINUTES, 28 SECONDS WEST, ALONG SAID SOUTH LINE, BEING ALSO THE NORTHERLY LINE OF A TRACT CONVEYED TO GERRIT AND SELMA IRENE HALBESMA BY DEED RECORDED -MAY 15 1941 IN DEED BOOK 79 AT PAGE 597, A DISTANCE OF 256. 17 FEET TO A LINE DRAWN NORTH 35 DEGREES, 00 MINUTES, 00 SECONDS WEST, PAPALLEL WITH SAID CENTERLINE, FROM THE POINT OF BEGINNING; THENCE SOUTH 35 DEGREES, 00 MINUTES, 00 SECONDS EAST, 434.77 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. 4L:: i Revised March 29, 2000 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) eeea080 06/ 14/2000 12se3P 1 of 4 Paul Anderson, Kendall County, IL Recorder ORDINANCE NO. 2000-J�5, ORDINANCE ANNEXING PROPERTIES TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY ILLINOIS WHEREAS, JUDITH I. BELL, JENNIE M. MULVEY, and RICHARD HUSTON, "OWNERS", as record owners in fee simple of a tract of real property contiguo t to THE UNITED CITY OF YORKVILLE, have heretofore submitted a Petition for Annexation of said i property; and WHEREAS, the development and annexation of said land has been tonsil eyed by THE UNITED CITY OF YORKVILLE; and WHEREAS, THE UNITED CITY OF YORKVILLE deems it to be in it best interests to annex the said land described in said Petition for Annexation to THE UNITED ITY OF YORKVILLE; and WHEREAS, the Petitioners are the Owners of Record of said property w d no electors reside thereon; and W'HF.RFAS, said Petition is under oath requesting the annexation of saie. property to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois and in all resp cts is presented - I - in accordance with the provisions of Section 7-1-8 of the Illinois Municipal Cod 65 ILCS 5/11 -1 S. 1 -1 et. seq. WHEREAS, said property is contiguous to THE UNITED CITY OF YORKVILLE and not within the corporate limits of any other municipality; and WHEREAS, the statutes provide that upon property affirmative vote of a majority of the City Council, contiguous property can be annexed to THE UNITED CITY OF YORKViLLE, Kendall County, Illinois. I ' BE IT ORDAINED by the City Council of THE UNITED CITY OF YORKVILLE, Kendall County, Illinois: 5ection I : That the real property legally described as follows be and the same is hereby annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois: See Attached Legal Description ect' 2: That the City Limits of THE UNITED CITY OF YORKVILLE be, and they are hereby, extended to include the territory hereby annexed to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois. cC 3 : That the City Clerk of THE UNITED CITY OF YORKVILLE be, and is hereby, authorized and directed to record with the Recorder of Deeds of Kendall County, Illinois, a certified copy of this Ordinance, together with an accurate map of the territory annexed, which map shall be certified as to its correctness. ect'on 4: That the property described in Exhibit "A" is hereby annexed and zoned as follows: B-3 Service Business District subject to compliance with terms, conditions contained in the Annexation Agreement entered into between the parties; and that the property described in Exhibit "B" is hereby annexed and zoned as R-3 General Residence District subject to compliance with terms, conditions contained in the Annexation Agreement entered into between the patties. Section : That all Ordinances or portion of Ordinances in conflict herewith be, and they are hereby repealed insofar as such conflict exists. Section : That this Ordinance shall take effect and be in full force and effect upon and after its final passage and signing by the mayor and the recording by t Recorder of Deeds of Kendall County, Illinois, as herein provided, this day of ) 2000. BURTON CALLMER DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON VALERIE BURR ROSE SPEARS LARRY KOT THOMAS SOWINSKI APPROVED by me, as fayor of the United City of Yorkville, Kendall County, Illinois, this ay of � , A.D. 20W . MAYOR -3- PASSED by the Cit Council of the United City of Yorkville, Kendall County, Illinois this �jday of� A.D. 20ob . Attest: oamtiti -�/ 1AC � CITY CLERK Prepared by: Law Offices of Daniel J. Kramcr 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.0500 -4- E E is -t LEGAL DESCRIPTION R-3 General Residence District Parcel: That part of the Northwest Quarter of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northwest Comer of said Northwest Quarter; thence South, along the West Line of said Northwest Quarter, 569.20 feet to the centerline of Illinois State Route No. 47; thence South 35°00'00" East, along said centerline, 1062.70 feet to a point hereinafter referred to as "Point A"; thence North 35 °00'00" West, along said centerline, 597.50 feet; thence North 52 '50'00" East, 265.0 feet for the point of beginning; thence South 35 °00'00" East, parallel with said centerline, 543. 13 feet to a line drawn North 41 '20'00" East from Point "A'; thence North 41 ° 20'00" East, 633.61 feet to a Southwesterly Line of"Oak .Hill Farm" (as occupied and monumented) as shown in a plat recorded in Plat Book 5 at Page 16; thence North 53 '33'06" West, along said Southwesterly Line, 684.96 feet to an angle point therein; thence North 13 ' 1012" West, along a Westerly Line of said Oak Hill Fart, 41 .45 feet to the Southeast Comer "Walnut Ridge, Kendall Township, Kendall County, Illinois"; thence South 71 '40'28" West, along the South Line of said Walnut Ridge, a distance of 179.88 feet to a Southwest Comer of thereof; thence North t8 ' 19'32" West, along said South Line, 15.90 feet; thence South 71 '40'28" West, along said South Line, being also the Northerly Line of a Tract conveyed to Gerrit and Selma Irene Halbesma by Deed recorded May 1 , 1941 in Deed Book 79 at Page 597, a distance of 256. 17 feet to a line drawn North 35 '00'00" West, parallel with said centerline, from the point of beginning; thence South 35'00'00" East, 434.77 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 9.648 acres. i LEGAL DESCRIPTION B-3 Service Business District Parcel: That part of the Northeast Quarter of Section 8 and part of the Northwest Quarter of Section 9, Township 36 North, Range 7 East of the Thud Principal Meridian described as follows: Commencing at the Northwest Comer of said Northwest Quarter; thence South, along the West Line of said Northwest Quarter 569.20 feet to the centerline of Illinois State Route No. 47; thence South 35 000'00" East, along said centerline, 465.20 feet for the point of beginning; thence j North 52'50'00" East, 265.0 feet; thence North 35 °00'00" West, parallel with said centerline, 434.77 feet to the Northerly Line of a Tract conveyed to Gerrit and Selma Irene Halbesma be Deed recorded May I , 1941 in Deed Book 79 at Page 597; thence South 71 °40'28" West, along said Northerly Line, 276.43 feet to said centerline of Illinois State Route No. 47; thence South 35 ` 00'00" East, along said centerline, 524. 11 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 2.915 acres. I I t i U�c F `r February 22, 2000 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) k; ORDINANCE NO. 2000-4 AN ORDINANCE AUTHORIZING THE EXECUTION OF ANNEXATION AGREEMENT OF JUDITH 1, BELL, JENNIE M. MULVEY, and RICHARD HUSTON, OWNERS WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexationand development of the real property described in 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 entered into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 5111 - 15- 1 , as amended, for the execution of said Annexation Agreement has been fully complied with; and WHEREAS, the property is contiguous to the United City of Yorkville: - l - NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. AS FOLLOWS: tin 1 : That the Mayor and City Clerk are herewith authorized and directed to execute, on behalfof the City, an Annexation Agreement concerning the annexation and development of the real property described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof as Exhibit "B". Section 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. BURTON CALLMER DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON VALERIEBURD ROSESPEARS LARRY KOT THOMAS SOWL,ISKI APPROVED by e, as Mayor of the United City ofYorkville, Kendall County, Illinois, this &ay of A.D. 200. MAYOR -2- r ' I PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this L2 day of (kLl A.D. 20a, Attest: CITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A South Bridge St. Yorkville, IL 60560 630-553-9500 -3- 1 1 LEGAL DESCRIPTION That part of the Northeast quarter of Section 8 and part of the Northwest quarter of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian, described as follows: commencing at the Northwest comer of said Northwest quarter; thence South along the West line of said Northwest quarter 569.2 feet to the center line of State Route No. 47; thence North 35 ' West along said center line 55. 13 feet (this point hereinafter referred to as point "A"); thence South 35 ' East along said center line of State Route No. 47, 1117.83 feet (this point hereinafter referred to as point "B"); thence North 35 ' West along said center line 372.5 feet; thence North 52' 50' East 265 feet for the point of beginning; thence South 35' East, parallel with the center line of said State Route No. 47, 317.83 feet to a line drawn North 41 ' 20' East from said point "B"; thence North 41 ' 20' East along said line 635.5 feet to a point North 41 ' 20' East 906 feet from said point `B"' thence North 53 ' 30' West 686.7 feet; thence North 14' 15' West 56.8 feet to a line drawn North 71 ' S3' East from said point "A"; thence South 71 ' S3' West 713.8 feet to said point "A"; thence South 35 ' East along the center line of said State Route 47, 520.33 feet; thence North 52 ' 50' East 265 feet; thence South 35' East, parallel with the center line of said State Route No. 47, 225 feet to the point of beginning; in the Township of Kendall, Kendall County, Illinois. "-` Revised April 3, 2000 STATE OF ILLINOIS ) )SS COUNTY OF KENDALL } 1 ANNEXATION AGREEMENT OF JUDITH I BELLI JENNIE M MULVEY and RICHARD HUSTON This Annexation Agreement (hereinafter "Agreement"), is made and entered into this day of es 2000, by and between the UNITED CITY OF YORKVILLE, a municipal corporation, hereinafter referred to as "CITY" and JUDITH 1. BELL, JENNIE M. MULVEY, and RICHARD HUSTON, hereinafter referred to as "OWNERS", WITNESSETH WHEREAS, OWNERS own fee simple interest to the real property which is legally described in Exhibit "A" attached hereto, consisting of approximately 12.564 acres, more or less (hereinafter "PROPERTY"); and which is depicted in the Annexation Plat which is attached hereto and incorporated herein as Exhibit 'B'; and WHEREAS, it is the desire of OWNERS to provide for the annexation of the subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is annexed zoning will be granted at that time B-3 Service Business District as to the legal description contained in the attached Exhibit "C; and zoned R-3 General Residence District as to the real property contained in the legal description attached hereto as Exhibit "D and WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS, OWNERS and CITY have or will perform and execute ail acts required by law to effectuate such annexation; and - 1 - WHEREAS, it is the intent of OWNERS to provide that any future Developer shall design a stormwater management system for the subject PROPERTY that is in conformance with City Ordinances; and transition landscaping shall be established to all adjoining transition or different zoning classi fications on the perimeter of the subject real property being annexed hereto and between the zoning districts within the subject real property that is being annexed hereto in conformance with the Landscape Ordinance of the UNITED CITY OF YORKVILLE and all requirements of the City Zoning Ordinance and the City Subdivision Control Ordinance in regard to transition buffers, transition setbacks, and transition landscaping; and WHEREAS, all notices required by law relating to the annexation of the PROPERTY to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such heari ng thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and WHEREAS, the OWNERS and CITY agree that upon Annexation to the CITY the subject PROPERTY shall be placed in a B-3 Service Business District as set out in the attached Exhibit "C"; and R-3 General Residence District as set out in the attached Exhibit "D'; and WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed, OWNERS and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the PROPERTY to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5111 -15. 1 -1 through 15. 1 -5, inclusive, relating to Annexation Agreements, the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subject PROPERTY and to provide forvarious 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 tanner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11 - I5- 1 .3 and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Agreement by the CITY. -2- Af 7 , = NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: 1 . ANNEXATION. OWNERS have or will file with the Clerk of the CITY a duly and properly executed verified petition pursuant to, and in accordance with the provisions of 65 ILCS 5l7-1 -1 et seq. to annex the PROPERTY and any adjacent roadways not previously Annexed to the City of Yorkville. 2. ZONING. A. Contemporaneously with the Annexation of the subject 'PROPERTY, the CITY shall adopt an ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be classified and shall zone the parcel as set out in Exhibit "C" as B-3 Service Business District; and zone the parcel as set out in Exhibit "D" as R-3 General Residence District. B. Contemporaneously with the Annexation of thePROPERTY, the CITY shall, if necessary, amend its Comprehensive Plan to provide for the uses on the PROPERTY that are reflected in this Agreement. C. The CITY and OWNERS and any future Developers agree that the PROPERTY shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE, for a period of five (5) years from the date of execution of this Agreement. Afler the expiration of said five (5) year time frame, if there have been changes in Subdivision Control Ordinances, Fee Ordinances, or, building codes, the same shall be applied to the subject property as duly passed by the UN ITED CITY OF YORKVILLE. 3. ANNEXATION TO YORKVILLE-BRISTOL SANITARY DI TRl T OWNERS and any future Developers agree to file the necessary petitions and agreements to request annexation and sanitary sewer service for the PROPERTY from the Yorkvil le- Bristol Sanitary District and the CITY shall provide a letter to Yorkville-Bristol Sanitary District prior to approval of any Final Plat of Subdivision, or issuance of any building permit on the subject real property by the UNITED CITY OF YORKVILLE; whichever first occurs. The subject real property has been identified by the CITY as being located within the Facility Plan Area of the Yorkville-Bristol Sanitary District as set out in the attached Exhibit "E", which is attached hereto and incorporated herein by reference. Attached hereto and incorporated herein as Exhibit "F" is a -3- letter from the Yorkville School District indicating that it intends to recover a cash contribution from OWNERS under the terms of the Land-Cash Ordinance in effect with the UNITED CITY OF YORKVILLE, rather than a contribution of land at the time of development. 4. DONATIONS AND CONTRIBUTIONS. A. OWNERS shall establish a Homeowner's Association for the purpose of owning and maintaining common areas, detention, and common signage in the Subdivision at the time OWNERS seeks approval of a'First Final Plat of Subdivision for the subject PROPERTY, ifthere are such common elements. B. OWNERS shall further consent for themselves and all successors, heirs, and assigns to the creation of a back-up Special Tax Service Area for maintenance ofcommon areas, detention, and signage, by the UNITED CITY OF YORKVILLE in the event the Homeowners' Association fails to maintain the same if there are such common elements. Those documents shall be prepared and tendered to OWNERS prior to the time of approval of the first Final Plat of the subdivision. C. OWNERS have agreed to pay or have any future Developer pay on a voluntary basis the sum of One Thousand rive Hundred Dollars ($1 ,500.00) as School Transition fees per residential dwelling unit in said subdivision, to the Yorkville Community School District, One Thousand One Hundred Fifty Dollars ($ 1 , 150.00) in Development fees per residential dwelling unit to the United City of Yorkville, and other fees to the United City of Yorkville in conformance with the City Ordinances or as modified herein. Said Transition, development, and other fees shall be paid perresidential dwelling unit concurrent with and prior to the issuance of each respective subject residential building permit. Said fees are being paid voluntarily and with the Consent of OWNERS and Developers based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. OWNERS and any future Developers knowingly waive any claim or objection as to amount of the specific fees negotiated herein voluntarily. No School Transition Fees, or School-Park Land Cash Fees shall be charged on any real property coned for business purposes under the terms of this Agreement. D. OWNERS shall pay all school and park land-cash fees or provide land dedication as required under existing City Ordinances in effect at the time of approval of Final Plat of Subdivision by the UNITED CITY OF YORKVILLE. -4- t. E. Land-Cash and School Transition Fee donations will only be imposed upon j the residential zoned area of the subject real property being annexed. 5. OVERSIZING. In the event Developer is required on-site to oversize any water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to require anyone connecting to said lines to pay the CITY who then shall reimburse OWNERS within 30 days of connection by the OWNERS of any other parcel of real property connecting to said improvements, for OWNERS, costs in oversizing said lines including costs for deepening said lines and any engineering fees, and other costs associated therewith. In the event the Developer seeks said reimbursement, the parties agree separately that the Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapturewith the requisite Public Hearing being held and Requisite Recapture Ordinance being approved by the City Council contingent on the percentage of the benefit to the OWNERS other than the Developers and including the service area effected. In the event any said oversizing is required, the CITY and OWNERS agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. Developer agrees to hold the UNITED CITY OF YORKVILLE harmless and indemnify the CITY from any liability as a result of any Recapture or other fees imposed. 6. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 7. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns including, but not limited to, successor owners of record, successor developers, lessees and successor lessees, and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 8. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNERS in this Agreement to undertake any of the development obligations in this Agreement; those obligations -5- being the responsibility of the actual Developer of the subject parcel and/or future OWNERS of the subject parcel of real property at the time of development. i Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure ofany party ofthis Agreement to perform its obligations [order this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE I I I W, Fox St., Ste. 3 Yorkville, IL 60560 Attn: Mayor Copy to: CITY Attorney: Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 OWNERS: Judith I. Bell, Jennie M. Mulvey, and Richard Huston c/o Attorney Robert Pilmer Pilmer & Barnhart 215 Hilicrest Ave., Ste. C P.O. Box 367 Yorkville, IL 60560 Copy to: Attorney Robert Pilmer Pilmer & Barnhart 215 Hillcrest Ave„ Ste. C P.O. Box 367 Yorkville, IL 60560 9. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. -6- j 10. PARTIAL INVALIDITY OF AGREEMENT. E. If any provision of this Agreement (except those provisions relating to the requested rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised here from and the invalidity thereof shall not affect the application or validity of any, other terms, conditions and provisions of this Agreement and, to that end, any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 11 . USE OF PROPERTY FOR FARM G/ZONING, Any portion of the PROPERTY, which is not conveyed or under development as provided herein, may be used for farming purposes, regardless of the underlying zoning. OWNERS shall be permitted to continue to rent out the existing single-family residence located on the subject parcel as a valid legal non-conforming use. 12. DUAL ROAD ACCESS. OWNERS and any future Developers have agreed to provide a written easement from the adjoining owner to the East providing an access easement through the private roadway going through the R-3 General Residence District development contained in the adjoining owner's approved Plat of Subdivision. No Final Plat shall be approved on the subject annexed property unless a written recorded Easement Agreement is made of record with that owner to the East, providing a guaranteed dual access to the subject property. 13. OWNERS agree on their behalf and that of their successors, heirs, and assigns that they will require any developer of the R-3 General Residence District areas to comply with the following standards in reference to architectural improvements on the R-3 General Residence District multi-family portion of the subject real property: A) Each unit constructed will have a minimum roof pitch of 6. 1 . B) Each unit constructed will have minimum front brick of 50%. C) Each unit constructed will have at least a one-car attached garage. i IN WITNESS WHEREOF, the patties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE MAYOR Attest: 0 , Pmg7A , - I" CITY CLERK OWNERS: T6vb1TH I. BELL E M. MULVEY� I� RIC ARD HUSTON Date executed: + ' (O Z'v _ PREPARED BY AND RETURN TO: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 - 630. 553 .9500 S EXHIBIT LIST Exhibit A Legal description Exhibit B Annexation Plat Exhibit C B-3 Service Business District legal description Exhibit D R-3 General Residence District legal description Exhibit E Yorkville-Bristol Facility Plan Area Map Exhibit F Yorkville School District letter 9- EXHIBIT A LEGAL DESCRIPTION That part of the Northeast quarter of Section 8 and part of the Northwest quarter of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian, described as follows: Commencing at the Northwest comer of said Northwest quarter; thence South along the West line of said Northwest quarter 569.2 feet to the center line of State Route No. 47; thence North 35' West along said center line 55.13 feet (this point hereinafter referred to as paint "A"); thence South 35' East along said center line of State Route No. 47 , 1117.83 feet (this point hereinafter referred to as point "B"); thence North 35' West along said center line 372.5 feet; thence North 52 ' 50' East 265 feet for the point of beginning; thence South 35' East, parallel with the center line of said State Route No. 47, 317.83 feet to a line drawn North 41 ' 20' East from said point "8 1; thence North 41 ' 20' East along said line 635.5 feet to a point North 41 ' 20' East 906 feet from said point "B"; thence North 53' $0' West 666.7 feet; thence North 14 ' 15' West 56.8 feet to a line drawn North 71 ' 53' East from said point "A"; thence South 71 ' 53' West 713.8 feet to said point "A"; thence South 35' East along the center line of said State Route No. 47, 520.33 feet; thence North 52' 50' East 265 feet; thence South 35' East, parallel with the center line of said State Route No. 47, 225 feet to the point of beginning; in the Township of Kendall, Kendall County, Illinois. L? s 'r f f EXHIBIT C B-3 SERVICE BUSINESS DISTRICT LEGAL DESCRIPTION That part of the Northeast Quarter of Section 8 and part of the Northwest Quarter of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northwest Comerof said Northwest Quarter; thence South, along the West Line of said Northwest Quarter 569.20 feetto the center-line of Illinois State Route No. 47; thence South 35° 00' 00" East, along said centerline, 465.20 feet for the point of beginning; thence North 52 " 50' 00" East, 265.0 feet; thence North 35" 00' 00" West, parallel with said centerline, 434.77 feet to the Northerly Line of a Tract conveyed to Gerrit and Selma Irene Halbesma by Deed recorded May 1 , 1941 in Deed Book 79 at Page 597; thence South 710 40' 28" West, along said Northerly Line, 276.43 feet to said centerline of Illinois State Route No. 47; thence South 35° 00' 00" East, along said centerline, 524. 11 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 2.915 acres. EXHIBIT D R"3 GENERAL RESIDENCE DISTRICT LEGAL DESCRIPTION That part of the Northwest Quarter of Section 9, Township 36 North, Range 7 East of the Third Principal Meridian described asfollows: Commencing atthe Northwest Comer of said Northwest Quarter; thence South, along the West Line of said Northwest Quarter, 569.20 feet to the centeriine of Illinois State Route No. 47; thence South 35" 00' 00* East, along said centerline, 1062.70 feet to a point hereinafter referred to as "Point A"; thence North 35° 00' 00" West, along said centerline, 597.50 feet; thence North 52° 50' 00" East, 265.0 feet for the point of beginning; thence South 35° 00' 00" East, parallel with said centedine, '543.13 feet to a line drawn North 410 20' 00" East from Point "A"; thence North 410 20' 00" East, 633.61 feet to a Southwesterly Line of "Oak Hill Farm" (as occupied and monumented) as shown in a plat recorded in Plat Book 5 at Page 16; thence North 53° 33' 06" West, along said Southwesterly Line, 684.96 feet to an angle point therein; thence North 139 10' 12" West, along a Westerly Line of said Oak Hill Farm, 41 .45 feet to the Southeast Comer 'Walnut Ridge, Kendall Township, Kendall County, Illinois"; thence South 71 ' 40' 28" West, along the South Line of said Walnut Ridge, a distance of 179.88 feet to a Southwest Comerof thereof; thence North 18° 19' 32" West, along said South Line, 15.90 feet; thence South 71 " 40' 28" West, along said South Line, being also the Northerly Line of a Tract conveyed to Gerrit and Selma Irene Halbesma by Deed recorded May 1 , 1941 in Deed Book 79 at Page 597, a distance of 256. 17 feet to a line drawn North 350 00' 00" West, parallel with said centerline, from the point of beginning; thence South 35' 00' 00" East, 434. 77 feet to the point of beginning in Kendall Township, Kendall County, Illinois and containing 9. 649 acres. li YORKVILLE COMMUNITY UNIT DISTRICT 115 602 Center Parkway, Suite A. P. O. Box 579 Yorkville, IL 60560-0579 Telephone (630) 553-4382 Fax (630) 5534398 YORKVILLE HIGH SCHOOL 797Came Farm Road Yorkville, Nevis 60550 Telephone (630) 55}4380 YORKVILLE MIDDLE SCHOOL. ' 702 Game Farm Road Yorkville, Illinois 60560 Telephone (630155}4385 CIRCLE CENTER INTERMEDIATE SCHOOL 901 .be .Irm February 29 , 2000 Yorkville, (60)55`43 y Telephone (630) 553-1389 YORKVILLE GRADE SCHOOL 201 West Somoneuk Street Yorkville. Dlinois 60:00 Telephone (6?02553-4NO Mr . Daniel J . Kramer BRISTOL GRADE SCHOOL Attorney - City of Yorkville 23 Hunt Street 111 W . Fox, Suite 3 P.O. Box In atittm, minnrew512 Yorkville , IL 60560 Telephwu (630) 5534383 ' RE : Subdivision Plat for Judith I . Bell , Jennie M . Mulvey , and Richard Huston on Route 47 , Kendall County, Illinois Yorkville Community Unit District # 115 requests the contributions for these two annexations be in the form of cash contributions . Si 43r-,r Dr . Thomas D . 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B-3 } N PL < r I( J /r S W 60' 120' Dated; May 10,"7 Wynstone Development i�i Sheet I of 1 P:f630)966 OW 16W) STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) ORDINANCE NO. AN ORDINANCE AUTHORIZNG THE EXECUTION OF A MODIFICATION TO THE PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT OF DONALD J. HAMMAN AND CAROL S. HAMMAN, ORDINANCE 2000-34 WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that modifications and clarifications to a certain Planned Unit Development and Annexation Agreement pertaining to the annexation and development of the real estate described on Exhibit "A" attached hereto and made a part hereof be entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Modifications to Planned Unit Development and Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 5111-15. 1-1 , as amended, for the execution of said Modifications to Annexation Agreement and Planned Unit Development has been fully complied with; and WHEREAS, the property is annexed to the CITY. F:V MMAN YOR VILLE CROSSMGSUmexation AycemcntWODIFICATION TO ANNEXATION AGREEMENT 3IM=W007.wpd NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AS FOLLOWS: Section 1 : That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the CITY, a Modification to Planned Unit Development and Annexation Agreement concerning the annexation and development of real estate described therein, a copy of which Modification to PUD and Annexation Agreement is attached hereto and made a part hereof. Section 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. [Alderpersons] APPROVED by me, as Mayor of the UNITED CITY OF YORKVILLE, Kendall County, Illinois this day of 2007. MAYOR PASSED by the City Council of the UNITED CITY OF YORKVILLE, Kendall County, Illinois this day of ) 20—. Attest: CITY CLERK Prepared by and return to: John Wyeth Attorney for the City of Yorkville 800 Game Farm Road Yorkville, IL 60560 R: MMAN YOMVILLE CROSSMGSWMexation Ag enientWODIFICATION TO ANNEXATION AGREEMENT 31Mam0007.wpd MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS WHEREAS, on July 13, 2000, the OWNERS/DEVELOPERS and the CITY entered a Planned Unit Development and Annexation Agreement pursuant to Ordinance No 2000-34 which was recorded with the Kendall County Recorder on September 15, 2000 as document 2000- 12564, (the Annexation Agreement) and of the property described in Exhibit "A" of the Agreement was annexed to the CITY; and WHEREAS, three parts of that property have been previously conveyed, including (1) the Kalant Parcel 4.24 acres at the north west corner of McHugh and Countryside Parkway, and (2) the United States Postal Service parcel, 6.21 acres at the north east corner of McHugh and Countryside Parkway, and (3) the Prairie Point Subdivision, 11 .66 acres north and east of the United States Postal Service Parcel and northerly of Crimson Drive hereinafter described as part of Yorkville Crossings Unit One (the Wahnart project), and westerly of the Residential Component of the PUD hereinafter described, which parcels are not subject to this modification; and WHEREAS there is pending in another proceeding the rezoning of part of,and the final plat and plan for Yorkville Crossings Unit One, the Walmart Project, which includes the dedication of and improvements for Crimson Lane to connect Countryside Parkway with Autumn Creek Subdivision, which proceeding is not subject to this modification; and WHEREAS the three parcels previously conveyed (the Kalant, USPS, and the Prairie Point parcels previously conveyed and the Yorkville Crossings Unit One for which there are pending approval process separate and apart from this proceding) are intended to be excluded from this modification and will hereinafter be collectively referred to as the "Excluded Parcels"; and WHEREAS development of the property has progressed and certain clarifications and modifications to that Annexation Agreement have been considered by the parties to said Annexation Agreement and the Plan Commission has considered the Proposed modifications; and the Plan Commission has heretofore approved the proposed modifications and clarifications to land uses and the zoning of the same at the request of the OWNERS/DEVELOPERS and the CITY; and WHEREAS, all parties to this Agreement are desirous of setting forth certain clarifications and modifications to the terms and conditions upon which the real property heretofore described in Exhibit "A" except for the Excluded Parcels to said Annexation Agreement was annexed to the CITY; and further to provide clarifications and modifications to F:VIAMMAN YORKVILLE CROSSMGSV nmxetion AWeementWODIEICATfON TO ANNEXATION AGREEMENT 31MarclOW."d MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 4 of 14 how the real property described in Exhibit "A" except for the Excluded Parcels will be developed within the CITY in an orderly manner; and WHEREAS, the OWNERS/DEVELOPERS and their representatives have discussed the proposed modifications to the Annexation Agreements for the development of all the "subject property" and have had public meeting with the City Council; and prior to the execution hereof, notice was duly published and a public hearing was held to consider this modification to the Agreement, as required by the statutes of the State of Illinois in such case made and provided; and, WHEREAS, except as modified herein, the Annexation Agreement aforesaid shall remain in full force and effect, NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terns and authority provided in 65 ILCS 5111 - 15 through 65 ILCS 5/11 - 15 . 1-5, as amended, as follows: 1 . ANNEXATION AND ZONING: A. The CITY has separately considered modifications to the Wa1Mart Development, which is the subject of a final plat of Subdivision, referred to as Yorkville Crossings Unit One, which includes the dedication and improvement of Crimson Lane. None of the City Approvals for that Yorkville Crossings Unit One (the Wa1Mart Development), including the zoning modifications, special uses, or the current, prospective or future engineering or building approvals are modified or affected by this Amendment. B. None of the Excluded Parcels are affected by or subject to the provisions of these modifications. C. The CITY ordinance annexing to the CITY the balance of the real property described in the attached Exhibit "A" except for the Excluded Parcels is hereby amended to zone all of the real property subject to this Modification as Planned Unit Development (hereinafter PUD) and the portion of that property described on Exhibit "C", shall allow all of the uses permitted in the B-3 Service Business District. That property shall include all of the property southerly of Crimson Lane and easterly of Yorkville Crossings Unit One (the Walmart Property), thereby extending the allowable uses of the B-3 Service Business District from its present FMAMMAN YOR MLLE CROSSMGSV"enion Ag men[WOD1FICATION TO ANNEXATION AGREEMENT MMarh VO.wpd MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007 Draft Page 5 of 14 delineation approximately 900 feet northerly of Route 34 to the southerly boundary of Crimson Lane. Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit "D" of the Annexation Agreement, B-3, Service Business District, and said real property shall be used as developed in accordance with 65 ILCS 5111- 15- 1 through 65 ILLS 5111- 15 . 1 -5, and in accordance with the CITY Subdivision Control and Zoning Ordinances. D. The CITY shall modify said ordinance to provide that the portion of the PUD that constitutes the Residential Component, which is shown on Exhibit K and is north of Crimson Lane and easterly of Prairie Point Subdivision, herein described shall allow the land uses, size, density, areas, coverage, and maximum building heights as set forth in Article BR-2 One Family Resident District of the Zoning Ordinance and Article D.R-3 General Residence District of the Zoning Ordinance on Exhibit "F", and said real property shall be used and developed in accordance with 65 ILCS 5111 - 15- 1 through 65 ILLS 5111 - 15. 1 -5, and in accordance with the CITY Subdivision Control and Zoning Ordinances, provided, however that the residential lots adjacent to the Pond may have a lot size of 10,000 square feet. The Concept Plan for this residential portion of the PUD is attached as Exhibit K and shall herein be described as the Residential Component of the PUD, which shall also include the 24. 17 Acre Lake, the Infiltration Basin, and two Open Space/Drainage Corridors. E. The PUD is modified further to provide that the portion of the Residential Component shown on Exhibit K that is north of Crimson Lane and South of the Lake shall permit 70 Townhomes as shown on the Concept Plan; and that the portion of the Residential Component shown on Exhibit K that is north of Crimson Lane and north and east of the Lake shall permit 78 single family lots as shown on the Concept Plan. Said real property shall be used and developed in accordance with 65 ILCS 5111 -15- 1 through 65 ILCS 5111 - 15. 1-5, and in accordance with the CITY Subdivision Control and Zoning Ordinances. The hearing approving this Modification shall constitute approval of the Concept Plan for the Residential Component as shown on Exhibit K, and no more public hearings shall be required for Preliminary and Final Plan approval for the Residential Component. F MMAN YOMVMU CROSSMGSWMexalion AMemcnWODIFICATION TO ANNEXATION AGREEMENT 31MarcUO07.w d MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 6 of 14 F. CITY shall use its best efforts to provide rights of ways for stub streets for the residential streets contemplated by the Residential Component rights of way to Hayden Drive and Prairie Grass Lane. 2. The CITY acknowledges that OWNERS/DEVELOPERS having annexed the real property described in the attached Exhibit "A" of the Annexation Agreement to the CITY and developing the real property described therein, the CITY and OWNERS/DEVELOPERS acknowledge that the parties have completed, and will each undertake the following duties, covenants, and obligations: A. i. OWNERS/DEVELOPERS have satisfied the Annexation Agreement requirements to dedicate for right-of-way purposes as depicted on the Plat of Dedication of Right-of-Way for extension of Countryside Parkway to and the extension of McHugh Road to its intersection with Illinois Route 34, all as contemplated by the Annexation Agreement. ii. OWNERS/DEVELOPERS have dedicates to the CITY an easement of sufficient width to install sanitary sewer line and watermain adjacent to the proposed street dedication to serve the real property to the East. OWNERS/DEVELOPERS (Autumn Creek Subdivision) and Crimson Lane of Yorkville Crossing Unit One has been designed to incorporate this municipal utility easement into the right of way design. B. Menard, Inc. and OWNERS/DEVELOPERS have cooperated and all authority has been granted by OWNERS/DEVELOPERS to Menard to: i.. Enter upon said dedicated right-of-way to construct at Menard, Inc. expense the subject roadways to obtain temporary construction easements in addition to the roadways as were necessary to complete all work contemplated to be performed by Menard, Inc. pursuant to the Annexation Agreement ii. Authorize and permit the extension of all CITY, Yorkville-Bristol Sanitary District, and public utilities including, but not limited to telephone, electric and gas through said area. F WAMMAN YOR VIDE CROSSMOSWnnexation AgmementWODTICATION TO ANNEXATION AGREEMENT 3IMamUW7."Td MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 7 of 14 iii. Consent to the rebate of sales tax revenue by Menard, Inc. under its Development and Annexation Agreement with the CITY, as to sales tax revenues generated on all the areas zoned B-3 Service Business District in the Agreement, in order for Menard, Inc. to recover the cost of road and related improvements over the areas of OWNERS/DEVELOPERS real property described in Exhibit "G"to , the property shown on the Plat of Dedication of the Portion of the Harriman Parcel improved for Countryside Parkway and McHugh, the plat of Dedication for which was recorded on July 19, 2000 with the Kendall County Recorder of Deeds as document #0009644 (F-F 7-89). iv. Menard, Inc. and OWNERS/DEVELOPERS have determined that except with respect to the CITY Roadways, Menards will not discharge stormwater drainage into the regional detention facility being constructed upon the real property of OWNERS/DEVELOPERS for any of the real property which is being purchased by Menard, Inc. and which is described in the attached Exhibit "H" to the Annexation Agreement except for the CITY roadways, and all discharge of stormwater drainage for said CITY roadways contemplated by the Annexation Agreement has been accommodated in the regional detention facility (the Lake reflected on Exhibit K and the storm sewers and infiltration basins constructed or to be hereafter constructed or improved). V. That cost of acquiring any overland or piped overflow discharge route if it is required shall be solely OWNERS/DEVELOPERS '. vi Sections 2.B.vi, viii, ix, x and xi are unaffected by this Modification. C. Section 2.C. relating to permission to OWNERS/DEVELOPERS to locate a temporary Concrete Batch Plant, is deleted from the Annexation Agreement by this Modification F:\HAMMAN YOR VILLE CROSSMGSWmexaoinn Ag emcnl\MODWICATION TO ANNEXATION AGREEMENT MMamM007.nd MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007 Draft Page 8 of 14 3 . COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein modified or varied, the OWNERS/DEVELOPERS shall comply, in all respects, with all of the provision of the ordinances of the CITY in the development of the subject real property herein described except as varied by this Agreement. In connection with the development of the entire real parcel being annexed, the CITY and OWNERS/DEVELOPERS agree as follows: A to E Paragraphs A to E of Section 3 of the Annexatiion Agreement are not affected by this Modification. F. I. It is agreed that other than the existing Ordinances dealing with land cash donations for the schools and parks; and fees for building permits, occupancy permits and tap-on fees, transition fees to the CITY and YORKVILLE School District, and review fees in the event any portion of the "subject property" is developed for residential purposes, that no additional fees or donations will be required by the CITY from OWNERS/DEVELOPERS, except as may be charged on a non-discriminatory basis to all residents of the CITY. ii. OWNERS/DEVELOPERS agree on their own behalf and that of any future OWNERS/DEVELOPERS to voluntarily pay school transition fees as are in effect with the CITY at the time of execution of this Agreement, as to the portion of the real property that is developed for any residential purpose. iii. OWNERS/DEVELOPERS agree, that OWNERS/DEVELOPERS shall pay cash rather than provide land to satisfy the land/cash obligation of the residential component of the development. G to I Paragraph G to I of Section 3 of the Annexation Agreement are not affected by this Modification 4 ,7 and 8 Sections 4, 7 and 8 of the Annexation Agreement are not affected by this Modification. FAHAMMAN YOMVILLE CROSSMGSUwexation AMementWODETCATION TO ANNEXATION AGREEMENT 31MaTcUW7.wpd MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 9 of 14 5. BINDING EFFECT AND TERM: A. The Annexation Agreement and this Modification thererto shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of the Annexation Agreement assignees, lessees, and upon any successor municipal authorities of said CITY; development having commenced within a period of twenty years from the date of execution of the Annexation Agreement by the CITY, except that this Modification does not apply to the Excluded Property B. CITY and OWNERS/DEVELOPERS agree that OWNERS/DEVELOPERS, and CITY have completed all conduct and cooperation contemplated with Menard, Inc. for all joint obligations contemplated by the Annexation Agreement effecting Parcel "A" of OWNERS/DEVELOPERS and the real property of Menard, Inc. described in Exhibit "H" of this Agreement. No additional Joint Development Agreement among OWNERS/DEVELOPERS, the CITY and Menard, Inc. is required. 6. NOTICES: Any notices required hereunder shall be in writing and shall be served upon any other parry in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, and addressed as follows: If to the CITY: Mayor and City Clerk City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 Fax: (630) 553-7575 With a copy to: John Wyeth Attorney for the City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 Fax: (630) 553-7575 R: AMMAN YOR VILLE CROSSMGSWme xotion AgeementWODIFICATION TO ANNEXATION AGREEMENT 31M=0007."d MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 10 of 14 iwyeth(D,yor.kville..il.us If to Owners/Developers Donald J. Harriman and Carol S. Hamman 13351 B Faxon Road Plano, IL 60545 (630) 554-9101 Fax: (630) 554-9181 With a copy to: John P. Duggan Duggan Law Offices 181 S. Lincolnway North Aurora, IL 60542 (630) 264-7893 Fax: (630) 264-1310 dup,ganipd(ci�aol.com or to such other addresses as any party from time to time designate in a written notice to the other parties. 9. OWNERS/DEVELOPERS has organized and incorporated the Yorkville Crossing Property Owners Association, hie., a property owners association created to own, maintain and assess expenses for maintenance of the common areas of the Residential Component of the Property. Currently, the only common area is part of the Detention Pond. It is contemplated that when the Detention Pond is completed, the entirety of the Detention Pond and any portion of the Detention System, including the Detention Pond, Storm Water collection or discharge sewers, not on private property except for those owned and maintained by the CITY, infiltration basins, and all other open space associated with the Residential Component will be conveyed to the Yorkville Crossing Property Owners Association, Inc. The Covenants provide that assessments will be levied against the property for all property that becomes subject to the Declaration to maintain the Common Areas. The OWNERS/DEVELOPERS consent to the creation of a back-up or dormant Special Service area on the Residential Component of the Property to maintain the Common Areas in the event that the Yorkville Crossing Property Owners Association, Inc. fails to do so. 10. The OWNERS/DEVELOPERS shall require that best management practice facilities, such as catch basin filters, separators, and similar engineering practices to protect the water quality of storm water before it passes into the infiltration FAHAMMAN YORXVILLE CROSSMOMnnexation AgTeMen(WODIFICATION TO ANNEXATION AGREEMENT 31M=WOT. d MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 11 of 14 basins prior to the detention pond shall be required of all property subject to the Modification to the Annexation Agreement to be developed as a requirement to utilize the Detention Facility. All storm water shall pass through filtration devices and/or bioswales prior to reaching the pond to remove the suspended particles along with treatment fo chemical removal such as hydrocarbons. A long term maintenance plan for these infiltration basins shall be created and adopted by the Yorkville Crossing Property Owners Association, Inc. and its performance shall be within the contemplated scope of the SSA. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of , 2007. CITY: THE UNITED CITY OF YORKVILLE By: Mayor Attest: City Clerk OWNERS/DEVELOPERS: DONALD J. HAMMAN AND CAROL S. HAMMAN DONALD J. HAMMAN F:\HAMMAN YORKVILLE CROSMNGS\Auuat n Ap emntkMODIFICATION TO ANNEXATION AGREEMENT 31 March2007.wpd MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 12 of 14 CAROL S. HAMMAN STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) I, the undesigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that Arthur Prochaska, Jr., Mayor of the City of Yorkville and Jackie Milschewski, City Clerk of said City, personally known to me to be the same persons whose naives are subscribed to the foregoing instrument acknowledged that they signed and delivered the foregoing instrument as their own free and voluntary act and as the free and voluntary act of said CITY, for the uses and purposes therein set forth; and the said City Clerk then and there acknowledged that she, as custodian of the corporate seal of the CITY, did affix the corporate seal of said CITY to said instrument as her own free and voluntary act and as the free and voluntary act of said CITY, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 20. Notary Public F:\HAMMAN YOMVILLE CROSSMGS\Amexaflan A6mementWODWICATION TO ANNEXATION AGREEMENT 31MercUW7.wpd MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March200 7 Draft Page 13 of 14 STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) I, the undesigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that Donald J. Hamman and Carol S. Hamman, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument acknowledged that they signed and delivered the foregoing instrument as their own free and voluntary act and as the free and voluntary act of said company, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 20. Notary Public F:WA NYO"VILLE CROSSMGMmmtm AgrcmrePWODMCATI ON TO ANNEXATION AGREEMENT 3 1MarcM1M."d MODIFICATION TO ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning YORKVILLE CROSSINGS 31March2007Draft Page 14 of 14 EXHIBIT LIST Exhibit "A" Legal Description of the parcel subject to the Modification, the Subject Property Exhibit "B" Plat of Annexation, no change from Annexation Agreement Exhibit "C" Legal Description of B-3 Service Business District zoned area subject to the Modification. Exhibit "D" B-3 Service Business District Ordinance, no change from Annexation Agreement Exhibit "E" Legal Description of PUD BR-2 One Family Resident District of the Zoning Ordinance and Article DR-3 General Residence District of the Zoning Ordinance Exhibit "F" Article BR-2 One Family Resident District of the Zoning Ordinance and Article DR-3 General Residence District of the Zoning Ordinance Exhibit "G" Right-of-Way Plat of Dedication, no change from Annexation Agreement and (with respect to Crimson Lane) Yorkville Crossing Subdivision Unit One. Exhibit "H" Legal Description of the Menard, Inc. Parcel; no change from the Annexation Agreement Exhibit "I" Regional Stormwater Detention Area: see Modifications on Exhibit K, Residential Component Concept Plan Exhibit "J" Identification Sign Drawing, no change from Annexation Agreement Exhibit "K" Residential Component Concept Plan F:WAMMAN YOMVILLE CROSSMS�mexaion Agmcmen(WODIFICATION TO ANNEXATION AGREEMENT 31MamU007.wpd Exhibit A to Modification of Annexation Agreement : Legal Description of the Property subject to the modification, the Subject Property : That part of the following described property easterly of Prairie Point Subdivision and Yorkville Crossings Unit One . Exhibit "A" LEGAL DESCRIPTION That part of the Southeast Quarter of Section 21 , part of the Southwest Quart of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at au existing iron pipe stake said to be over the original location of a stone in the center line of the original Bristol and Oswego Road previously described as being 23.05 Chains West and thence 35°30' West, 11 .02 chains from the Southeast comer of said Section 22; thence Northerly along a litre forming an angle of 93 °23'47" with the center line of U.S. Route No. 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line "A", 30.05 feet to the Northerly right-of-way line of said Route 34; thence Northwesterly along line "A" aforesaid 798.60 feet; thence Southwesterly, parallel with said center line, 332.0 feet for a point of licginuibg, thence Northeasterly along the last described course, 332.0 feet to said Iine "A ' thence Northwesterly along said line "A", 1,225.95 feet to a point measured along said line ``A % 2,054.60 feet Northwesterly of said center line; thence Southwesterly along a line forming an angle of 87°07'00" with the last described course, measured clockwise therefrom, 825.40 feet; thence Northwesterly along a line which forms an angle of 269'46100" with the last described course, measured clockwise therefrom, 508.20 feet; thence Southwesterly along a line forming an angle of 91 °07'35" with the last described course, measured clockwise therefrom, 3,369.33 feet; thence Northwesterly along a line forming an angle of 130°01'22" with the last described course, measured counter-clockwise therefrom, 56.76 feet; thence Southerly along a line forming an angle of 90 021'26" with the last described course, measured clockwise therefrom, 1 ,36293 to the Northwest corner of a tract conveyed to Vijay K. and Promila Marawaha by a Warranty Deed recorded June 17, 1994 as Document 9406488; thence Easterly along the North line of said tract at right angles to the last described course-, 349.64 feet; thence Southerly along the East Iine of said tract 731 .78 feet to the Northerly right-of-way of said Route 34; thence Easterly along said Northerly right-of-way line, 162.55 feet; thence Easterly along said Northerly right-of-way line being along a tangential curve to the left having a radius of 1 ,402.39 feet, an are distance of 976.52 feet; thence Northeasterly along said Northerly right-o£--way line being tangent to the last described curve at the last described point, 4,268.99 feet to a line drawn parallel with line "A" Southeasterly From the point of beginning; thence Northwesterly along said parallel line, 798.610 feet to the point ofbeginning; together with that part of U.S. Route 34 lying Southerly of and adjacent to the property hereon described, in Bristol Township, Kendall County, Illinois and containing a total of 257.68 Acres of land, more or less. Exhibit C to Modification of Annexation Agreement , Legal Description of B-3 Service . District subject to the Modification : That part of the following described property Easterly of Yorkville Crossings Unit One and Southerly of Crimson Lane to be dedicated thereby . Exhibit "A" LEGAL DESCRIPTION That part of the Southeast Quarter of Section 21 , part of the Southwest Quart of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center line of the ( riginal Bristol and Oswego road previously described as being 23,05 chants West and thence 35 °30' West, 11 .02 chains from the Southeast corner of said Section 22; thence Northerly along a line fonning an angle of 93 '23'07" with the center line of U.S. Route No. 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line "A", 30.05 feet to the Northerly right-of-way line of said Route 34; thence Northwesterly along line "N' aforesaid 798.60 feet; thence Southwesterly, parallel with said center line, 3310 feet for a point of beginning; thence Northeasterly along the last described course, 332.0 feet to said line "A" thence Northwesterly along said line "A", 1 ,225.95 feet to a point measured along said line "A", 2,054.60 feet Northwesterly of said center line; thence Southwesterly along a line forming an angle of 87 '07'00" with the last described course, measured clockwise therc&•om, 825.40 feet; thence Northwesterly along a line which forms an angle of 269°46'00" with the last described course, measured clockwise therefrom, 508.20 feet; thence Southwesterly along a line forming an angle of 91 °07'35" with the last described course, measured clockwise therefrom, 3,369.33 fact; thence Northwesterly along a line forming an angle of 130°01'22" with the last described course, measured counter-clockwise therefrom, 56.76 feet; thence Southerly along a line forming an angle of 90°21 '26" with the last described course, measured clockwise therefrom, 1 , 162.93 to the Northwest corner of a tract conveyed to Vijay K, and 'Promila Maraivaba by a Warranty ,L OOd recorded June 17, 1994 as Document 9406488; thence Easterly along the North line of said tract at right angles to the last described course, 349.64 feet; thence Southerly along the East line of said tract 731 .78 feet to the Northerly right-of-way of said Route 34; thence Easterly along said Northerly right-of-way line, 162.55 feet; thence Easterly along said Northerly right-of-way line being along a tangential curve to the left having a radius of 1,402.39 feet, an are distance of 976.52, feet; thence Northeasterly along said Northerly right-of-way line being tangent to the last described curve at the last described point, 4,268.99 feet to a line drawn parallel with line "A" Southeasterly from the point of beginning; thence Northwesterly along said parallel line, 798.60 feet to the point of beginning; together with that part of U.S. Route 34 lying Southerly of and adjacent to the property hereon described, in Bristol Township, Kendall County, Illinois and containing a total of 257.68 Acres of land, more or less, - - Exhibit E ' to Modification to Annexation Agreement , Legal Description of Residential Component : That part of the following described property that is easterly of Prairie Point Subdivision and northerly of Crimson Lane as shown on the Plat of Yorkville Crossings Unit One : Rxhibit "A" LEGAL DESCRIPTION That part of the Southeast Quarter of Section 21 , parrt of the Southwest Quart of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center line of the Original Bristol and Oswego Road previously described as being 23,05 Chains West and thence 35 °30' West, 11 .02 chains from the Southeast corner of said Section 22; thence Northerly along a line forming an angle of 93 '23'07" with the center line of U.S. Route No. 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line "A", 30.05 feet to the Northerly right-of-way line of said Route 34; thence Northwesterly along line"A" aforesaid 798.60 feet; thence Southwestcrly, parallel with said center line, 332.0 feet for a point of bcginning; thence Northeasterly along the last described course, 332.0 feet to said line "X' thence Northwesterly along said line "A", 1 ,225.95 feet to a point measured along said line "A", 2,054.60 feet Northwesterly of said center line; thence Southwesterly along a line forming an angle of 87°07'00" with the last described course, measured clockwise therefrom, 825.40 feet; thence Northwesterly along a line which forms an angle of 2611°46'00" with the last described course, measured clockwise therefrom, 508.20 feet; thence Southwesterly along a line forming an angle of 91 '07'35" with the last described course, measured clockwise therefi om, 3,369.33 feet; thence Northwesterly along a line forming an angle of 130°01'22" with the last described course, measured counter-clockwise therefrom, 56.76 feet; thence Southerly along a line forming an angle of 90°21'26" with the last described course, measured clockwise therefrom, 1 ,362.93 to the Northwest corner of a tract conveyed to Vijay K, and Promila Marawaha by a Warranty Deed recorded .tune 17, 1994 as Document 9406488; thence Easterly along the North line of said tract at right angles to the last described course; 349.64 feet; thence Southerly along the East line of said tract 731 .78 feet to the Northerly right-of-way of said Route 34; thence Easterly along said Northerly right-of-way line, 162.55 feet; thence Easterly along said Northerly right-of-way line being along a tangential curve to the left having a radius of 1 ,402.39 feet, an are distance of 976.53, feet; thence Northeasterly along said Northerly right-of-way line being tangent to the last described curve at the last described point; 4,268.49 feet to a line drawn parallel with line "A ' Southeasterly from the point of beginning; thence Northwesterly along said parallel line; 798.60 feet to the point of beginning; together with that part of U.S. Route 34 lying Southerly of and adjacent to the property hereon described, in Bristol Township, Kendall County, Illinois and containing a total of 257.68 Acres of land, more or less. Aar . 2 . 2007 1 ; 29PM Na . 2762 P - 1 /8 Sehoppe (Design Associates, .Inc, LandecaPe Arch tedure an Land P arming 126 a Main at Oswego. IL 60543 ' Ph. (630) 651-3365 Fox (630) 551.3639 Fax To: Company; _ Pages' Fax Nom, _I [_ 'M ` ` •lI Date r Urgent r For Review r"" Please Comment r Pleas Reply r please Reoycla R v� M mom - Wo of m z as � � P ' a w °w H-i o w <x ? o o �.I-I t LL' I I RQ'i QU Ll IL 6 ® IIIII I a I LL z � N I ee J O a0 ¢ I I I"ro ,P p x � j e° I I I " o m > a. w ¢ d n c « = oo d � E tt m _ N N Eov w 3: * 0 � I i IF ¢ o O z ° V V NW, LL , N d 1430NOD SN3NOdWOO R ISN30ISSN ..b.. JJUJM3 %. i r _ _. '�-� . ji �� i I . _ . : I� � i - � � �- ��� � � a �I I ; . � - iul � i � �T � , i��, 2 �, g ,` r ' , ' o � �. g + . i r � ' � ✓' • t / 1 I ` '�4�3 y � '/ �V� �F 6 / �.: ` `' �, .� J I L , R e,^ Piled for Pecorci 111 rEN firLk COUNTY, ILIANOIS 1A Ott 09-45-2000 At 0e1T (1M : ORDINANCE i6. 00 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO, 2000- 3 f AN ORDINANCE AUTHORIZING THE EXECUTION OF A PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT OF DONALD J. I:SAMMAN and CAROL S, HAMMAN WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois; that certain Planned Unit Development and Annexation Agreementpeitaitung to the annexation 'raid development of the real 'estate described on .Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Planned Unit Development and Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing, and able to enter into said Agreement and to perform the obligations as required hereunder; and WIlEREAS, tho statutory procedures provided in 65ILCS 5 111 -15. 1-1, as arnended; for the execution of said Annexation and Plaimed Unit Development Agreernant has been fully complied with; and WHEREAS, the property is contiguous to the City. _ 1 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, K.ENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1 : That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, a Planned Unit Development and Annexation Agreement concerning the annexation and development of the real estate described therein, a copy of which Planned Unit Development and Annexation Agreement is attached hereto and made a part hereof. Section 2: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. BURTON CALLMER h DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON VALERIE I3URD ROSE SPEARS LARRY KOT THOMAS SOWINSKI APPROVED by me, as Mayor of the United City of Yorkville, Xendall County, Illinois, this 13 1 day of Q J � A.D. 20R. MAYOR 2 PASSED by the City Council of the United City of Yorkville, Kendall County, 111in019 thi 3 day of A.D. 20�.L. Attest: h t o �98Cd�1 u� o CITY CLERK Prepared by and return to: Law Offices of Daniel J. Kramer I I 07 S. Bridge Street Yorkville, Illinois 60560 630.553.9500 - 3 - Exhibit "A" LEGAL DESCRIPTION That part of the Southeast Quarter of Section 21 , part of the Southwest Quart of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center line of the Original Bristol acid Oslweno Road previously descrbed as being 23.05 cbaitiq West and thence 35 °30' West, 11 .02 chains from the Southeast corner of said Section 22; thence Northerly along a line forming an angle of 93 °23'07" with the center line of U.S. Route No. 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line "A", 30.05 feet to the Northerly right-of-way line of said Route 34; thence Northwesterly along line "A" aforesaid 798.60 feet; thence Southwesterly, parallel with said center line, 332.0 feet for a point of beginning; thence Northeasterly along the last described course; 332.0 feet to said line "t1" thence Northtvesteily along said line "A", 1 ,225.95 feet to a point measured along said lnie "A", 21054.60 feet Northwesterly of said center line; thence Southwesterly along a lure forraing an angle of 87 °07'00" with the last described course, measured clockwise therefrom, 825.40 feet; thence Northwesterly along a lice which forms an angle of 269146'00" with the last described course, measured clockwise therefrom, 508.20 feet; thence Southwesterly along a line forming an angle of 91 °07'35" with the last described course, measured clockwise therefrom, 3,369.33 feet; thence Northwesterly along a line :forming an angle of 130°01 '22" with the last described course, measured counter-clockwise therefrom, 56.76 feet; thence Southerly along a line forming an angle of 90°21'26" with the last described course, measured clockwise therefrom, 1 ,362.93 to the Northwest corner of a tract conveyed to Vijay K. and Promila Marawaha by a Warranty Dead recorded June 17, 1994 as Document 9406488; thence Easterly along the North line of said tract at right angles to the last described course, 349.64 feet; thence Southerly along the East line of said tract 731 .78 feet to the Northerly right-of-way of said Route 34; thence Easterly along said Northerly right-of-way line, 162.55 feet; thence Easterly along said Northerly right-of-way line being along a tangential curve to the left having a radius of 1 ,402.39 feet, an are distance of 976.52 feet; thence Northeasterly along said Northerly right-of-way line being tangent to the last described curve at the last described point; 4,268.99 feet to a line drawn parallel with line "N' Southeasterly from the point of beginning; thence Northwesterly along said parallel line, 798.60 feet to the point ofbegimning; together with that part ofU.S". Route 34 lying Southerly of and adjacent to the property hereon described, in Bristol Township, Kendall County, Illinois and containing a total of 257.68 Acres of land, more or less, WHEitEAS, the OWNERSA)MLOPERS of the property described in Exhibit V' have requested the CITY to annex the said real property into the CITY; and its Plan Conunission has considered the Petition; and the Plan Commission has heretofore approved the proposed land uses and the zoning of the same at the request of the OWNERSIDEVELOPERS and the CITY; and WHEREAS, all parties to this Agreement are desirous of setting forth certain tens and conditions upon which the real property heretofore described in Exhibit "A" will be annexed to the CITY in an orderly manner, and fitrther to provide how the real property described in Exhibit "Cx> will be developed within the CITY in an orderly manner; and WHEREAS, the OWNERS/DEVELOPERS and their representatives have discussed the proposed Annexation of Exhibit"A" and the development tof all the "subject property" and have had public meetings with the City Council; and prior to the execution hereof, notice was duly published_ and a public hearing was field to consider this Agreeittenl, as requited 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 tens 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: A: The CITY shall Adopt an ordinlco annexing to the CITY till of the real property described in the attached Exhibit "A" and the CITY in said ordinance shall zone the real property described on Exhibit "C", subject to the further terms of this Agreement as B-3 Service Business District as designated in the attached Annexation Plat incorporated herein as Exhibit ..B„ Said zoning shall allow the uses, size, density, areas, coverage, andmaximtun building heights as set forth on Exhibit "D", B-3 Service Business District, and said real property shall be used and developed in accordance 65 ILCS 5/11-15-1 through 65 ILCS 5/11-15 . 1-5, and in accordance with the City Subdivision Control and Zoning Ordinances. B. The CITY shall adopt an ordinance annexing to the CITY all of the real property described in the attached Exhibit "A" and the CITY in said ordinance shall zone the real property described in Exhibit "E", subject to the further terms of this Agreement as R-2 Single Family Residential District as designated in the attached Annexation Plat incorporated herein as Exhibit <,B„ 2 Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit "F", R-2 Single Family Residential District, and said real property shall be used and developed in accordance 65 ILCS 5/11 -15-1 through 65 ILCS 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 Exhibits "C" and "E", the CITY and OWNERS/DEVELOPERS will each undertake the following duties, covenants, and obligations: A. i. OWNERS/DEVELOPERS agree to enter into a written agreement with Menard, Inc, and the CITY which shall provide that upon approval and execution of this Planned Unit Development and Annexation Agreement by the CITY, OWNERS/DEVELOPERS shall immediately dedicate for right-of-way purposes as depicted on the Plat ofDedication ofRight-of-Way incorporated herein as Exhibit "G", right-of-way for extension of Countryside Parkway to the East and the extension of McHugh Road to the South to its intersection with Illinois Route 34, all as depicted in the attached Exhibit "G". ii. Said dedication shall be to the CITY and shall be at no cost to the CITY. iii. The portion of Countryside Parkway on the subject property shall be designed and constructed to accommodate heavy truck traffic not exceeding 80,000 pounds to conform with Class II Road Standards under the Illinois Motor Vehicle Code, including the large tractor trailers that bring Menard Inc.'s deliveries, aggregate trucks, and heavy construction vehicles. Countryside Parkway may be used by aggregate vehicles to or from the subject property during the period that dredging and constriction of the regional detention pond is pem-xitted. iv. In the event OWNERS/DEVELOPERS do not install the street that is shown in the attached Exhibit "I" which runs parallel with Illinois State Route 34 and further acts as the separation or buffer between areas zoned B-3 Service Business District and R-2 One Family Residence District, by the time a need exists for the CITY to extend sanitary sewer or watennain to the East of the subject property, 3 OWNERS/DEVELOPERS agree to dedicate to the CI`fY at no cost, an easement of sufficient width to install a sanitary sewer line and watermain adjacent to the proposed street dedication to serve the real property to the East. OWNERSMEVELOPERSrwill not be required to pay any cost of said extension and the CITY will hold them harmless from any liability during said improvements. B. The Agreement between Menard, Inc. and OWNERS/DEVELOPERS shall specifically grant authority by OWNERS/DEVELOPERS : i. Enter upon said dedicated right-of-way to construct at Menard, Inc. expense the subject roadways and to obtain temporary construction easements in addition to the roadways, if necessary. ii. Authorize and permit the extension of all CITY, Yorkville-Bristol Sanitary District, and public utilities including, but not limited to telephone; electric and gas through said area. iii. Consent to the rebate of saes tax revenue by Menard, Inc. under its Development and Annexation Agreement with the CITY, as to sales tax revenues generated on the areas zoned B-3 Service Business District in this Agreement, in order for Menard, Inc. to recover the cost of road and related improvements over the areas of OWNERS/DEVELOPED S real property described in Exhibit "G-"'. iv. To protnde forthe creation of perpetual easemontupon cost, terms and conditions to be agreed upon between Menard, Inc. and OWNERS/DEVELOPERS for the right to discharge storm-water drainage into a regional detention facility to be constructed upon the real property of OWNERS/DEVELOPERS for all ofthe real property which is being purchased by Menard, Inc. and which is described in the attached Exhibit "H". V. That the cost of acquiring any overland or piped overflow discharge route shall be determined as to allocation between Menard, Inc. and OWNERS/DEVELOPERS. vi. That in the event the afignm.ent of McHugh Road and State Route 34 vary due to any requirements of the Illinois Department of Transportation Menard, Inc. and OWNERS/DEVELOPERS shall modify by Plat of Dedication of Right-of-Way required to be dedicated in order to provide a signalized intersection for the benefit of all patties hereto. 4 vii. That all of the terms of said Joint Agreement between Menard, Inc. and OWNERS/DEVELOPERS shall be enforceable by the CITY as a third-party beneficiary of said Agreement. viii. The CITY agrees that in consideration of sums advanced by OWNERS/DEVELOPERS of the main arterial road between the commercial std raidontial sections of the dQvelopmet t from countryside Parkway to the northeasterly boundary of the property, acid the road southerly from that road at the northerly location to Route 34, and the construction of that northerly intersection at Route 34 per the State of Illinois Department of Transportation requirements, andthe construction of the storm water discharge sewer from the regional detention facility to the Fox River, the CITY will reimburse the OWNERS/DEVELOPERS, without interest, one-half ('/i) of the CITY's share of the Illinois Retailers- Occupation Tax ("Sales Tax") receipts as received by the CITY from any and all cwnnnereial or business "subject property", provided that Menard, Inc. shall be fast reimbursed from said fund the cost of construction of Countryside parkway and McHugh Street and the intersections for saute at Route 34 that Menard, hie. advanced fat' the pritliotis of Countryside Parkway and McHugh that is located on the "subject property '. The 50% sales tax rebate will continue until all funds advanced by the OWNERS/DEVELOPERS for the improvements listed herein are repaid. This reimbursement shall be reduced by any recapture fees paid by the owners of land southerly of Route 34 that are permitted to use the storm water discharge server from the regional detention facility to the Fox River. In the event any such recapture fees are paid after full reimbursement to OWNERS/DEVELOPERS by the Sales Tax Fund, such recapture fees shall be retained by the CITY. ix, The CITY shall endeavor to require dedication of storm sewer easements necessary for the utilization of the regional detention facility by owner's within the tributary area of the regional detention facility, and it will permit storm- sewers to be constructed for this purpose within CITY rights of way, subject to such engineering requirements of the right of way as the city Engineer deternuites is necessary, X. The OWNERS/DEVELOPERS may sell easements to -rise the regional detention facility on such terms and conditions as they determine, and the OWNERS/DEVELOPERS may adopt such 5 requirements and provisions as are, in their judgment, necessary to prevent contamination or pollution of the regional detention facility not inconsistentwith City Ordinances or State or FederalRegulations. xi. That CITY grants authority to OWNERSIDEVELOPERStophcct an off-site advertising sign not exceeding 310 square feet on OWNERS/DEVELOPERS subjectrcal property adjacentto route34 in conjunction with MENARD, INC; including three (3) identifrcaliou signs in confort ante with Exhibit "J" attached Hereto and incorporated herein by reference. C. The CITY shall permit OWNERSMEVELOPERS to locate a temporary concrete batch plant on their property for a period not exceeding three (3) years from commencement of construction of the main project (which is being def nod as the achlal Menard; Me. '8 retail building and the Countryside Parkway extending from Route 47 East through Menard Inc.'s real property and South-East through the subject real property if the same is a concrete roadway. The use of the concrete temporary batch plant to be limited to the Menard, Inc. parcel and the Hammanparcel each- as,described herein. 3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein nladifed or varied, the OWNERSMENTELOPERS shall comply, in all respects, with all of the provisions of the Ordinances of the CITY in the development of the subject real property herein described except as varied by this Agreement. In connection with die development ofthe entire real parcel being annexed, the CITY and OWNERS/DEVELOPERS agree as follows: A. The development of theeptirerealpropertywhicl) iscurrentlybeitigannexed as described in Exhibits "A", "B", and "E" can he done in phases or units. B. If at the brie of-development, the existing CITY dedications, easements and right-of-ways are not adequate to facilitate sewer, water or other utility extensions, the CITY agrees to exercise its power of eminent domain, if necessary,to acquire such easements and right-of ways, including easements from the then present terminus of the existing municipal sanitary sewer and water lines to the boundary line of the subject property being developed; and the cost and expense incurred by the CITY shall be paid by the OWNERS/DEVELOPERS and added to the recapture amounts described in this Annexation Agreement and prorated among the parties specified herein. C. Stormwater detention facilities can be constructed in stages with capacity for Storarwater detention facilities based upon the need of each phase or unit as developed taking into account the detention capacity that is required on 6 OWNERS'/DEVELOPERS' real property to serve the Menard, Inc. parcel (Exhibit "H") . It is acknowledged by the CITY and , OWNERS/DEVELOPERS that it is the intent of the parties hereto that the detention requirements for the entire Menard, Inc. parcel will be met by OWNERS/DEVELOPERS providing all Stormwater detention to be constructed on their real property. OWNERS/DEVELOPERS shall require in the lease or license to the batch plant operator that all sales from the temporary concrete batch plant shall be invoiced from the subject property and that all sales tax be reported as received at the subject property. D. Except as otherwise provided in this Agreement, no change, modification or enactment of any ordinance, code or regulation shall be applied during the term of this Agreement so as to affect the zoning classification of the subject property, the Bulk Regulations, including, but not limited to setback, yard, height, FAR and frontage requirements, contribution ordinances and the uses permitted thereunder by the Zoning Ordinance of the CITY in effect as of the date of this Agreement, except to the extent BOCA Building Codes, Fire Codes and like Ordinances which are non-monetary in nature are from time to time amended affecting in a uniform and non-discriminatory manner all subdivisions within the CITY, which are not Final Platted, or for which building permits have not been issued. Except as modified by the terms and provisions of this Agreement, the OWNERS/DEVELOPERS shall comply in all respects with the conditions and requirements of all Ordinances of the CITY applicable against property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are changes to said Ordinances, regulations, orcodes which are less restrictive in their application to similarly situated and zoned lands, then the OWNERS/DEVELOPERS, at their election, shall be entitled to like treatment with respect to the subject property being annexed herein. E. 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. 7 F. i. It is agreed that other than the existing Ordinances dealing with land cash donations for the schools and parks; and fees for building permits, occupancy permits and tap-on fees, transition fees to the CITY and Yorkville School District, and review fees in the event any portion of the "subject property' is developed for residential purposes, that no additional fees or donations will be required by the CITY from OWNERS/DEVELOPERS, except as may be charged on a non-discriminatory basis to all residents of the CITY. ii. OWNERS/DEVELOPERS agree on their own behalf and that of any future OWNERS/DEVELOPERS to voluntarily pay school transition fees as are in effect with the CITY at the time of execution of this Agreement, as to the portion of the real property that is developed for any residential purpose. iii. OWNERS/DEVELOPERS agree, as part oftheir land/cash obligation for park development, to configure and dedicate a beach front park of no less than five (5) acres at a mutual ly agreeable location on the East end of the proposed excavated area as depicted in the concept Regional Stormwater Detention Area attached hereto and incorporated herein as Exhibit "I". It is contemplated this park will have beach frontage of seven hundred thirty-two (732') feet. The donation will be measured from the average water level of the pond. OWNERS/DEVELOPERS will, at the CITY's direction, rough grade a beach shelf with a reasonable recreational slope to a five (5') foot depth. It is contemplated that this park donation will be located at the easterly boundary of the property so the CITY may join it with other park donations or acquisitions from adjoining property assembled by it in the future. iv. OWNERS/DEVELOPERS further agree to dedicate to the CITY a 66' x 150' parcel from the easterly proposed roadway to the lake at approximately the midpoint of the lake, the subject property being (the unnamed road contemplated easterly of Countryside Parkway) northerly of the interior arterial street separating the commercial area from the residential area, for all public purposes to the edge of the pond shall be dedicated by OWNERS/DEVELOPERS to the CITY as part of the Final Plat for the residential area. It is contemplated that this right-of-way shall be for uses to include, but not limited to, emergency ingress/egress, location of the stone sewer outlet, public 8 utilities, and any other proper governmental or Home Owners Association usb the parties may designate. V. OWNERS/DEVELOPERS agree to dedicate to the CITY for park purposes, the approximate one hundred thirty (130') foot strip adjacent to the northerly roadway being constricted by OWNERS/DEVELOPERS and the end proposed residential lot at the North-West edge of the area being developed for detention purposes, at the time the roadway is installed by OWNERS/DEVELOPERS; and running parallel with the westerly line of the West commercial parcel as set out in Exhibit "I". vi. The dedication for park purposes to the CITY shall conform to the following standards: I . Develop and construct the beach area on the five acre parcel and on the 66' x 150' lot. 2. For a distance of 150' back from the normal water edge and going into the lake for a distance of 150' the grade shall be no greater than 10: 1 with a minimum thickness of 12" of sand. 3. The remainder of all CITY sites shall be landscaped with a minimum of 6" of topsoil, graded, and seeded. G. The CITY agrees to cooperate with the OWNERS/DEVELOPERS, in the procurement and execution of all necessary applications for permits to the Environmental Protection Agency (EPA), Army Corps of Engineers (Corps) and/or the Illinois Department of Transportation for road access in the construction and use of sanitary sewer, storm sewer mains including but not limited to any off-site stormwater discharge route to the Pox River, and water mains described herein as well as the construction of roadways and the Stormwater detention areas located within wetlands, if any, on the subject property. H. OWNERS/DEVELOPERS and CITY agree that the area to be used for a "Regional Stormwater Detention Area" shall be located within an area described in the attached Exhibit "I" which is attached hereto and incorporated herein by reference. Said Regional Stormwater Detention Area shall be subject to the following terms and conditions: 9 i . The area shall consist of a maximum of 90 acres, with the minimum acreage configuration and storage capacity based upon a land planning and engineering study to be submitted by OWNERS/DEVELOPERS and Menard, Inc. subject to approval by the CITY. OWNERS/DEVELOPERS shall further maintain a 185' setback from all adjoining property boundaries. ii. The area used for the Regional Stormwater Detention Area shall be excluded from Land-Cash Contributions and School Transition Fee Contributions for purposes of calculating those contributions of any area of the Regional Stormwater Detention Area located within a residentially zoned portion of this Agreement. That during the construction of said Regional Stormwater Detention Area, OWNERS/DEVELOPERS shall be allowed to extract and process black dirt, clay, sand, or gravel and sell the same off-premises without being in violation of any Ordinance or Regulation of the CITY, so long as OWNERS/DEVELOPERS comply with any applicable law, rules and regulations provided tinder the Illinois Surface Mine Act, Illinois Environmental Protection Agency, and any otherState or Federal Agency from whom OWNERS/DEVELOPERS may be required to comply with as to operation, permit, or report to in regard to said excavation and extraction . OWNERS/DEVELOPERS shall have the right to construct a scale- house on-site which shall be served by individual well and septic unless CITY sewer and water is within 250'. Said scale-house may be included in a storage building not exceeding 8,100 square feet to house office and equipment storage until the detention facility is completed within one hundred eighty (180) days of the completion of the detention facility the scale-house and building shall be removed unless the CITY approves retention of the public building for governmental purposes, in which case the parties would negotiate an agreement to transfer the same. iv. That the right to remove materials for the construction of said Regional Stormwater Detention Area shallbe in conformance with an Engineering Plan approved by the City Engineer for the CITY as to the volume of stormwater detention and storage, methods of constructing and final configuration of landscaping plan. The removal of said material shall not be permitted in any area zoned B-3 Service Business District; and a maximum slope of 3 : 1 shall be maintained from all commercial property lines. 10 V. That the length of time of extraction and off-premises sale shall not exceed twenty (20) years from the date of execution of this Agreement. I. i. The parties hereto agree that the subject property may continue to be used for existing agricultural uses until the subject real property is developed. In addition thereto, all such agricultural uses thereof shall be considered legal, non-conforming uses. ii. The CITY agrees that, after a Final Plat of Subdivision is recorded and the applicable bonds or letters of credit are delivered to the CITY, the OWNERS/DEVELOPERS shall not be required to construct all on-site and off-site improvements prior to issuance of a building permit for buildings or improvements on any portion of said subdivided land, if consented to by the City Engineer which consent shall not be unreasonably withheld. Rather, the OWNERS/DEVELOPERS shall be allowed to construct the required off-site and on-site improvements simultaneously with the issuance of building permits for individual lots and/or buildings, but it is understood that building permits may not be issued unless OWNERS/DEVELOPERS have provided adequate road access (paved roads) to the lots for emergency vehicles and have provided sufficient water supplies for 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 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 constriction of the street access from the subject property onto Illinois State Route 34 for the development of the "subject property 1t 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 corporations for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as the OWNERS/DEVELOPERS have tinder this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNERS/DEVELOPERS on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. V. It is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that all of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof; it is further understood and agreed by the parties that the successful consummation of this agreement requires their continued cooperation. vi. The Covenants and Agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its Corporate Authorities and their successors in office and is enforceable by order of the Court pursuant to its provisions and the applicable Statutes of the State of Illinois. vii. If any provision of this Agreement is declared invalid or illegal by a Court of competent jurisdiction, then said provision shall be excised herefrom and the remainder of the Agreement shall not be affected thereby. 4. The OWNERS/DEVELOPERS acknowledge that they must annex the real property described in Exhibit "A" when development is sought by them or any future OWNERS/DEVELOPERS to the Yorkville-Bristol Sanitary District, and further acknowledge that annexation to the CITY in no way guarantees sewer service to the entire parcel by the Sanitary District. 12 5. BINDING EFFECT AND TERM: A. This Development and Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement assignees, lessees, and upon any successor municipal authorities of said CITY; so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. B. CITY and OWNERS/DEVELOPERS agree that the terms and conditions of this Agreement are contingent upon OWNERS/DEVELOPERS, CITY and the Menard, Inc. entering into a Development and Annexation Agreement providing for the enforceability of the joint obligations effecting Parcel "A" ofOWNERS/DEVELOPERS and the real property ofMenard, Inc. described in Exhibit "H" of this Agreement. 6. NOTICES: Any notices required hereunder shall be in writing and shall be served upon any otherparty in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: Mayor and City Clerk 800 Game Farm Road Yorkville, IL 60560 With a copy to: Daniel J. Kramer, City Attorney 1107A S. Bridge St. Yorkville, IL 60560 If to the Owners/Developers: Donald J. Hamman and Carol S. Harriman 13351 B Faxon Rd. Plano, IL 60545 With a copy to: Attorney, John Duggan 407 W. Galena Blvd. Aurora, IL 60506 or to such other addresses as any party may from to time designate in a written notice to the other parties. 7. ENFORCEABILITY: This Agreement shall be enforceable in any Court of competent jurisdictions by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. 13 In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or Court Decisions, said enforceable portion of this agreement shall be exercised therefrom and the remaining portions thereof shall remain in full force and effect. 8. ENACTMENT OF ORDINANCES: The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. 14 IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this _ ( ' day of f s _, 20W. CITY: THE LIMITED CITY OF YORKVILLE B 45 MAYO Attest: dl �9C2 CITY CLERK OWNERSIDEVELOPERS: DONALD J. H N CAROL S. HAMMAN Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630)553-9500 15 EXHIBIT LIST Exhibit "A" - Legal Description of the entire parcel Exhibit `B" - Plat of Annexation Exhibit "C" - Legal Description of B-3 Service Business District zoned area Exhibit "D" - B-3 Service Business District Ordinance Exhibit "E" - Legal Description of R-2 Single Family Residential District zoned area Exhibit "F" - R-2 Single Family Residential District Ordinance Exhibit "G" - Right-of-Way Plat of Dedication Exhibit "H" - Legal Description of the Menard, Inc. Parcel Exhibit "I" Regional Stormwater Detention Area Exhibit "J" Identification sign drawing 16 Exhibit "A" LEGAL DESCRIPTION That part of the Southeast Quarter of Section 21 , part of the Southwest Quart of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center line of the Original Bristol and Oswego Road previously described as being 23.05 chains West and thence 35 °30' West, 11 .02 chains from the Southeast comer of said Section 22; thence Northerly along a line forming an angle of 93 °23'07" with the center line of U.S. Route No. 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line "A ', 30.05 feet to the Northerly right-of-way line of said Route 34; thence Northwesterly along line "A" aforesaid 798.60 feet; thence Southwesterly, parallel with said center line, 332.0 feet for a point of beginning; thence Northeasterly along the last described course, 332.0 feet to said line "A" thence Northwesterly along said line "A", 1 ,225.95 feet to a point measured along said line "A", 2,054.60 feet Northwesterly of said center line; thence Southwesterly along a line forming an angle of 87 007'00" with the last described course, measured clockwise therefrom, 825.40 feet; thence Northwesterly along a line which forms an angle of 269°46'00" with the last described course, measured clockwise therefrom, 508.20 feet; thence Southwesterly along a line forming an angle of 91 '07'35" with the last described course, measured clockwise therefrom, 3,369.33 feet; thence Northwesterly along a line forming an angle of 130°01 '22" with the last described course, measured counter-clockwise therefrom, 56.76 feet; thence Southerly along a line forming an angle of 90°21'26" with the last described course, measured clockwise therefrom, 1 ,362.93 to the Northwest corner of a tract conveyed to Vijay K. and Promila Marawaha by a Warranty Deed recorded June 17, 1994 as Document 9406488; thence Easterly along the North line of said tract at right angles to the last described course, 349.64 feet; thence Southerly along the East line of said tract 731 .78 feet to the Northerly right-of-way of said Route 34; thence Easterly along said Northerly right-of-way line, 162.55 feet; thence Easterly along said Northerly right-of-way line being along a tangential curve to the left having a radius of 1 ,402.39 feet, an arc distance of 976.52 feet; thence Northeasterly along said Northerly right-of-way line being tangent to the last described curve at the last described point, 4,268.99 feet to a line drawn parallel with line "A" Southeasterly from the point of beginning; thence Northwesterly along said parallel line, 798.60 feet to the point of beginning; together with that part of U.S. Route 34 lying Southerly of and adjacent to the property hereon described, in Bristol Township, Kendall County, Illinois and containing a total of 257.68 Acres of land, more or less. Exhibit "C" LEGAL (DESCRIPTION B-3 Zoned Area That part of the southeast Quarter of Section 21 , part of the Southwest Quarter of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center line of the Original Bristol and Oswego Road previously described as being 23.05 chains West and thence 35 °30' West, 11 .02 chains fro the Southeast corner of said Section 22; thence northerly along a line forming an angle of 93 '23'07" with the center line of U.S. Route 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line "A", 30.05 feet to the northerly right-of-way line of said Route 34; thence northwesterly along said line "A", 798.60 feet; thence southwesterly, parallel with said center line, 332.0 feet; southeasterly along a line drawn parallel with said line "X' 27.25 feet for a point of beginning, being on a line which is 800 feet northwesterly from and parallel with the aforesaid Route 34; thence southwesterly along said parallel line 2419.08 feet; thence northwesterly 1361 .69 feet along a curve non-tangent to the left, having a radius of 2245.00, a delta angle of 34°45'09" and a chord distance of 1340.92 feet, the chord of which forms and angle of 123 '46' 13" with the last described course, measured counter-clockwise therefrom; thence westerly along a line tangent to the last described curve, 444.92 feet; thence southwesterly along a line forming an angle of 135 '46'2 1 " with the last described course, measured clockwise therefrom 465.41 feet; thence northwesterly along a line forming an angle of 130°01 '22" with the last described course, measured counter-clockwise therefrom, 56.76 feet; thence southerly along a line forming an angle of 90°21 '26" with the last described course, measured clockwise therefrom, 1362.93 feet to the Northwest comer of a tract conveyed to Vijay K. and Promila Marawaha by a Warranty Deed recorded June 17, 1994 as Document 9406488; thence easterly along the North line of said tract at right angles to the last described course, 349.64 feet; thence southerly along the East line of said tract, 731 .78 feet to the northerly right-of-way of said Route 34; thence easterly along said northerly right-of-way line, 162.55 feet; thence easterly along said northerly right-of-way line being along a tangential curve to the left having a radius of 1402.39 feet, an arc distance of 976.52 feet; thence northeasterly along said northerly right-of-way line being tangent to the last described curve at the last described point, 4268.99 feet to a line drawn parallel with said line "A", southeasterly from the point of beginning; thence northwesterly along said parallel line, 771 .35 feet to the point of beginning, in Bristol Township, Kendall County, Illinois, containing a total of 144.8 acres of land, more or less. 10-7D- 1 10-70-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE D. B-3 SERVICE BUSINESS DISTRICT SECTION: 10-7D-1 : Permitted Uses 10-7D-2: Special Uses 10-713-3: Lot Area 10-7D-4: Yard Areas 10-70-5: Lot Coverage 10-7D-6: Maximum Building Height 10-7D-7: Off-Street Parking and Loading 10-7D-1 : PERMITTED USES: All uses permitted in the B-2 District. Agricultural implement sales and service. Appliance - service only. Boat sales. Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive-in restaurant. Electrical equipment sales. City of Yorkville I 10-301. 1 Feed and grain sales. Frozen food locker, Furniture repair and refinishing. Golf driving range. Greenhouse. Kennel Mini warehouse storage. Miniature golf, Nursery. Orchard, Park - commercial recreation. Plumbing supplies and fixture sales. Pump sales. Skating rink. Sports arena. Stadium. Taxicab garage. Tennis court - indoor. Trailer rental. Truck rental. Upholstery shop, Veterinary clinic. (Ord. 1973.56A, 3-28-74; amd. Ord. 1986-1 , 1 -9-86; Ord. 1988-71 4.14-88) City of Yorkville 10-7D-2 10-7D-4 10-713-2: SPECIAL USES: All special uses permitted in the B-2 District. Amusement park. Boat launching ramp. Boat rental and storage. (Ord. 1973-56A, 3-28-74) 10-7D-3: LOT AREA: No lot shall have an area less than ten thousand ( 10,000) square feet. (Ord. 1986-11 1 -9-86) 10-7D-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than fifty feet (50'). (Ord. 1973-56A, 3-28-74) B. Side Yards: 1 . A minimum side yard shall be required between buildings within the B-3 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-3 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (301) shall be required. 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements In a B-3 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1 , 1 -9-86; 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-74) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less thirty feet (30') shall be City of Yorhoille 10-7/ D-7 required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 Single-Family Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987- 1 , 2-12-87) 10.7D-5: LOT COVERAGE: No more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-70-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-74) 10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) City of Yorkville Exhibit `B" LEGAL (DESCRIPTION R-2 Zoned Area That part of the Southeast Quarter of Section 21 , part of the Southwest Quarter of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28, township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center line of the Original Bristol and Oswego Road previously described as being 23.05 chains West and thence 35 °30' West, 11 .02 chains from the Southeast corner of said Section 22; thence Northerly along a line forming an angle of 93 '23'07" with the center line of U.S. route 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line "A", 30.05 feet to the northerly right-of-way line of said Route 34; thence southwesterly, parallel with said center line, 332.0 feet for a point of beginning; thence northeasterly along the last described course, 332.0 feet to said line "A'; thence northwesterly along said line "A", 1225.95 feet to a point measured along said line "A", 2054.60 feet northwesterly of said center line; thence southwesterly along a line forming an angle of 87°07'00" with the last described course, measured clockwise therefrom, 825.40 feet; thence northwesterly along a line which forms an angle of 269°46'00" with the last described course, measured clockwise therefrom, 508.20 feet; thence southwesterly along a line forming an angle of 91 '07'35" with the last described course, measured clockwise therefrom, 2657.41 ; thence easterly along a line forming an angle of 44° 13'39" with the last described course, measured clockwise therefrom, 444.92 feet; thence southeasterly 1361 .69 feet along a curve tangent to the right, having a radius of 2245.00, a delta angle of 34°45'09" and a chord distance of 1340.92 feet to a line which is 800 feet northwesterly from and parallel with the aforesaid center line of Route 34; thence northeasterly along said parallel line, forming an angle of 123 °46'13" with the chord of the last described curve, measured clockwise therefrom, 2419.08 feet to a line drawn parallel with said line "A", southeasterly from the point of beginning, in Bristol Township, Kendall County, Illinois, containing a total of 105.3 acres of land, more or less. 10-6B- 1 10-68-3 CHAPTER6 RESIDENTIAL DISTRICTS ARTICLE B, R-2 ONE-FAMILY RESIDENCE DISTRICT SECTION: 10-66-1 : Uses Permitted 10-66-2: Special Uses 10-6B-3: Lot Area and Allowable Density 10-6B-4: Yard Areas 10-66-5: Lot Coverage 10-66-6: Maximum Building Height 10-613-1 : USES PERMITTED: The following uses are permitted: Any permitted use in the R-1 One-Family Residence District. (Ord. 1973-56A, 3-28-74) 10-66-2: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10-14-6 of this Title: Any use permitted as a special use in the R- 1 One-Family Residence District, except that planned developments may be considered where the zoning lot proposed for development has a gross area of not less than ten (10) acres. (Ord. 1973-56A, 3-28-74) 10-6B-3: LOT AREA AND ALLOWABLE DENSITY: A. Lots with private wells and/or private sewage treatment facilities: 1 . One acre with a width at the building line not less than one hundred twenty five feet (125') . Density shall not exceed one dwelling unit per each acre. (Ord. 1973-56A, 3-28-74; 1994 Code) City of Yorkville r LXhr �f � " Ftr 10-6B-3 10-6B-4 2. This subsection shall apply within the one and one-half (1 '/2) mile planning limits of the City, only upon application and obtaining a special use from the City Plan Commission and approved by the City Council. The standards for approval of a special use permit shall be only upon: a. A showing by the petitioner that an undue hardship exists to establish a connection to the City water and/or sewer mains. b. That no sewer or water lines exist within two hundred fifty feet (250') of the proposed development of petitioner. c. That due to unique size, terrain or character of the petitioner's development, it is necessary to allow individual private wells and private sewage treatment facilities so as to facilitate the orderly growth of a particular development. d. That the City is unable to provide capacity in its water or sewer mains; or the petitioner is unable to secure sufficient capacity of the Yorkville-Bristol Sanitary District Plant for disposal of sewage. (Ord. 1988-2, 1 -28-88) B. Lots served by both public sewerage and water facilities shall have an area of not less than twelve thousand ( 12,000) square feet and a width at the building line of not less than eighty feet (80'). Density shall not exceed three and three-tenths (3.3) dwelling units per each acre. C. All nonresidential principal uses of buildings as permitted in this Article shall be located on a tract of land having an area of not less than two (2) acres, except Municipal projects and developments. D. Lot size for special uses shall not be less than two (2) acres. (Ord. 1973-56A, 3-28-74; 1994 Code) 10-6B-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building , structure or enlargement: A. Front Yard: A front yard of not less than thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10') , or ten percent (10%), whichever is greater, City of Yorkville except where a side yard adjoins a street, the minimum width shall be increased to thirty feet (307). C , Rear Yard: A rear yard of not less than forty feet (40'). (Ord. 1973-56A, 3-28-74) 10-66-5: LOT COVERAGE, Not more than twenty percent (20%) of the area of a zoning lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-6B-6: MAXIMUM BUILDING HEIGHT: Same regulations shall apply as permitted or required in the R-1 One-Family Residence District. (Ord. 1973-56A, 3-28-74) City of Yorkville Smith Engineering Consultants, Inc. Civil/Structural Engineers and Surveyors McHenry Yorkville Huntley Certificate of Correction State of Illinois ) ) S.S. County of McHenry ) This is to certify that the following omission occurred in the Plat of Dedication prepared under my direction of "Countryside Parkway and McHugh Road, Yorkville, Illinois" recorded July 19, 2000 as Document Number 009655, in Kendall County, Illinois, consisting of 2 sheets : Sheet 2 of 2, Surveyor's Certification, I" line of Legal Description; after "Southeast Quarter of Section 21 ," the reference to "part of the Southwest Quarter of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28," was omitted, and is hereby corrected as indicated. Dated at McHenry, McHenry County, Illinois 2- , A.D., 2000 Donald G. Groesser, Illinois Professional Land Surveyor No. 3273 !� G. GyG� PROFESSIOtW.�} (i LAND SURVEYOR STA7E OF ILLINOIS Sys `IG l 4500 Prime Parkway, McHenry, IL 60050 www.smithengineering.com Telephone 815-385- 1778 Fax 815-385- 1781 Exhibit "G" PLAT OF DEDICATION Hamman Parcel U.S. Route 34 and McHugh Road Yorkville, Illinois Plat of Dedication was recorded on July 19, 2000 with the Kendall County Recorder of Deeds as Document #0009655 (see F-F 7-89 for actual Plat of Dedication). Exhibit "H" Page 1 of 2 LEGAL DESCRIPTION "Holdiman Parcel" That part of the East half of Section 20, part of the West half of Section 21 and part of the North half of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the intersection of the present center line of Illinois State Route 47 with the center line extended Westerly of Kennedy Road; thence Easterly along said extended center line and said center line of Kennedy Road 878.41 feet; thence Southerly along a line which fornis an angle of 72 degrees 32 minutes 08 seconds with the last described course, measured counterclockwise therefrom, 2,863.64 feet; thence Easterly along a line which forms an angle of 91 degrees 56 minutes 56 seconds with the last described course, measured clockwise therefrom, 997.26 feet; thence Southerly along a line which forms an angle of 90 degrees 21 minutes 54 seconds with the last described course, measured counterclockwise therefrom, 573.68 feet; thence Westerly along a line which forms an angle of 93 degrees 53 minutes 56 seconds with the last described course, measured counterclockwise therefrom, 1 ,042.49 feet to the Southeast confer of a tract of land conveyed to the Old Second National Bank of Aurora, as Trustee under the provisions of a Trust Agreement dated May 29, 1979, and known as Trust No. 3072, by a Warranty Deed in Trust recorded June 7, 1979, as Document 79-3006; thence Northerly along the East line of said tract 458.96 feet to the Northeast corner thereof, thence Westerly along the North line of said tract 584. 10 feet to said Route 47 center line; thence Northerly along said Route 47 center line 1 ,773.96 feet to the Northeast comer of Countryside Center, Unit No. 4, Yorkville, Kendall County, Illinois; thence Northwesterly along the North line of said Unit No. 4, 1 ,369.78 feet to an angle point therein; thence Westerly along the North line, the North line of Countryside Center, Unit No. 2, Yorkville, Kendall County, Illinois, and said North line extended, 1,390.06 to the Easterly line of a tract of land conveyed to Robert J. Mahoney by Quit Claim Deed recorded June 15, 1971 , as Document 71 -2019; thence Northeasterly along said Easterly line 41 .95 feet to an angle pint therein; thence Northeasterly along said Easterly line 505.39 feet to the southerly line of a tract of land conveyed to Harold B. Spackman by a Warranty Deed recorded July 25, 1953, as Document 105980; thence Easterly along said Southerly line 1 ,222.09 feet to a Southeast comer of said Spackman tract; thence Northerly along an Easterly line of said Spackman tract 419.50 feet to a Southeast comer of said Spackman track; thence Easterly along a Southerly line of said Spackman tract 687.50 feet to said Route 47 center line; thence Southerly along said center line to the point of beginning, excepting therefrom that part of the Southwest Quarter of said Section 21 described as follows: Beginning at the intersection of the present center line of Illinois State Route No. 47 with the center line extended Westerly of Kennedy Road; thence Southerly along said Route 47 center line 275.0 feet; thence Westerly at right angles to said center litre 685.0 feet; thence Northerly parallel with said center line 770.66 feet; thence Easterly at right angles to the last described course 645.51 feet to said Route 47 center line; thence Southerly along said center line, being along a curve to the right having a radius of 1 ,998.90 feet, 397.98 feet; thence Southerly along said center line 10031 feet to the point of beginning, in Bristol Township, Kendall County, Illinois; and further excepting that part of the Northwest Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the Northwest corner of Hatcher Commercial Development, Yorkville, Kendall County, Illinois, being a point in the center line of Illinois State Route No. 47; thence North 06 degrees I 1 minutes 23 seconds East along said center line 543.66 feet; thence Easterly at right angles to said center line, 631 .96 feet; thence Southerly along a line which forms an angle of 88 degrees 26 minutes 36 seconds with the last described course, measured counterclockwise therefrom, 557.68 feet to the North line of said Hatcher Commercial Development extended Easterly; thence Westerly along said extended North line and said North line, 597.47 feet to the point of beginning in the United City of the Village of Yorkville, Kendall County, Illinois and containing 7.765 acres. Page 2 of 2 "Conover Parcel" Commencing at the Northeast corner of Countryside Center Subdivision, Unit No. One, thence 06" 11 '23" East a distance of 2241 .20 feet to the intersection of the centerlines of Illinois Route 47 and Kennedy Road, thence North 82' 16'57" East along the ecnterline of Kennedy Road a distance of 869,30 feet to the Point of Beginning, thence South 09 044'49" West a distance of 2863.64 feet, thence South 789181 S" East a distance of 997.26 feet, thence South '11 ' 19'51 " West a distance of 573.68 feet, thence South 82 '34'05 " East a distance of 588.06 feet, thence North 12°17`10" East a distance of 1515.36 .feet, thence North 78 '04' 16" West a distance of 990.35 feet, thence North 12 °08'16" East a distance of 2128.69 feat to the centerline of Kennedy Road, thence continuing North 12 '08'16" East to the North right-of-way line of Kennedy Road, thence South 82' 16'57" West along the North right-of-way line of Kennedy Road to apohn on a line extended North 09944`49" East from the Point of Beginning, thence South 09 04449° West to the Point of Beginning, containing 75.708 acres. "Kirk Parcel' That part of the Southeast Quarter of Section 21, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center of original Bristol and Oswego Road previously described as being 23 .05 chains West and North 35 °30' West 11 .02 chains from tire Southeast comer of said Section 22; thence Northwesterly along 4 tine forming an angle of 93 '23107" with the center line of U.S. Route No. 34, measured from Northeast to Northwest, 2054.60 feet; thence Southwesterly along a line forming an angle of 87°07'00" with the last described course, measured clockwise therefrom, 825.40 feet; thence Northwesterly along a line forming an angle of 269 046100" with the last described course, measured clockwise therefrom, 508.20 feet; thence Southwesterly along a line, which line is hereinafter referred to as "Lune A" and forms an angle of 91°07`35" with the last described course; treasured clockwise therefrom, 2657.62 feet; thence North along a line forming an angle of 53 '07'29" with the last described course measured counterclockwise therefrom, 2004.69 feet to a point in the center line of Kennedy Road for the point of beginning; thence South along the last described course 2004.69 feet to said Line A; thence Southwesterly along the extension of said Line A; 711 .71 feet; thence Northwesterly along a line forming an angle of 130*01'22" with the last described course, measured counterclockwise therefrom, 1047. 11 feet; thence Northeasterly along a tine forming an angle of 89'47'39" with the last described course, measured counterclockwise therefrom, 2128.69 feet to a point in the center line of Kennedy Road which is a Northeast corner of a tract of land conveyed to John G. Conover by a Warranty Deed dated October 27, 1972 and recorded November 2, 1972 as Document No. 72-5301 ; thence Easterly along said center line, 1106.04 feet to the point of beginning in Bristol Township, Kendall County, Illinois. Together with that part of Kennedy Road lying Northerly of and adjacent to the subject Property described as follows: Beginning at the Northwest comer of the subject property, being the Northeast corner of a tract of land per WaiTantee deed 72-5301 recorded November 2, 1972; thence North 10 degrees 02 minutes 21 seconds East 26.57 feet to the North Line of said Kennedy road; thence along said North line North 80 degrees 16 minutes W seconds East, 1099.88 feet; thence South 03 degrees 16 minutes 56 seconds East, 25. 16 feet to the Northeast corner of the subject property, being a point Cnn the centerline of said Kermedy Road; thence along said centerline South 80 degrees 16 minutes 09 seconds East, 1106.04 feet to the point of beginning. All in Kendall County and containing a-total of 69, 19 acres of land more or less. Feb 21 2003 10 : 05RM City of Yorkville 630 - 553 - 7575 p . 2 y1 r GREEN SACK LIT �QONILLH CROSS1 C SHOPPING CENTER IDENTIFICATION AmmaWL=A ° :D m ® h MENARDS = 100 SO, FT, RETAILER 8 SIGNS AT 30 SO, FT RETAILER EACH = 240 SO, FT RETAILER RETAILER RETAILER RETAILER HAMMAN TENNANT GRAY TEXTURED METAL CABINET HAMMAN TENNANT HAMMAN TENNANT :mw 141g WIDE RACKED . FINISH PRECAST CONCRETE PANELS Zo W/ CONCRETE CAP M 1b•-e I PROPOSED SHOPPING CENTER IDENTIFICATION SIGN LOCATED AT COUNTRYSIDE . PARKWAY & HWY, 34 TOTAL SIGNAGE SQUARE FOOTAGE 340 SO, FT, U SCALE, 3/16' .= V-0' Zx h ; b;� 'T FES-21-2003 10: 45 63 0 553 7575 I 94Y P . 02 Fels 21 2003 10 : 058M City of Yorkville 630 - 553 - 7575 P . 1 =`SED C/r T United City of Yorkville . County Seat of Kendall Coum.V gat ' 9&M BUD e3ma Farm POad y WrkNUe. Illinois 60660 . Phone: 830.553-4350 Fax: 830-553-7675 ' Fax Data °I"�e� l � C7�J raq®a °ZJpp�t n [(including covetehoet) TO ax ts: Company Mama Rai C3 Urgent O For Review b pigase Cornment ❑ Ploaso Reply if you do not receive this transmission in its entirety, or have any problems with the receipt of this transmission, contact the sender immediately. If you have received this facsimilg in error, Please notify-us by telephone immediately, The contents of this facsimile transmission are confidential and are not intended for distribution or, publication without the sender's prior . -written consent. . .... . _� .:N:.Ivry+1.0..c.Y)nri:J•ia "vtik::r.AV.Aa:NUJ�rwiy!Nd�Y° 't(rnµ4.'m'bwY.vblwdvl4BLwxi1:�NJdrl did.:r:NnyyN V:+..n.-h•LJ'ir:.l< .r.c... . FEB-21-2003 10: 44 63 0 553 7575 i 942 ' P- 01 y >A O V w 1 a o � o 0 Nryy{tl3LtlM �y Ea n N W w 1S �N • Z �J A N m . i 2 A STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2007- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR Kleinwachter Subdivision WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Kleinwachter Subdivision; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: The Final Plat of Subdivision for the Kleinwachter Subdivision is approved as presented and all appropriate City officials are hereby authorized to execute same subject to staff review and conditioned on adjustments consistent with the staff review. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2007. ATTEST: CITY CLERK {x STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2007- RESOLUTION APPROVING THE PRELIMINARY AND FINAL PLAT OF SUBDIVISION FOR Fountainview Subdivision WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary and Final Plat of Subdivision for the Fountainview Subdivision; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary and Final Plat of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: The Preliminary and Final Plat of Subdivision for the Fountainview Subdivision are approved as presented and all appropriate City officials are hereby authorized to execute same subject to staff review and conditioned on adjustments consistent with the staff review. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2007. ATTEST: CITY CLERK STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2007- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR Rush-Copley health Care Center WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Rush-Copley Health Care Center; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: The Final Plat of Subdivision for the Rush-Copley Health Care Center are approved as presented and all appropriate City officials are hereby authorized to execute same subject to staff review and conditioned on adjustments consistent with the staff review. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2007. ATTEST: CITY CLERK 05/11/2007 12:40 FAX 630 553 5764 DANIEL J. KRAMER IM003/004 v l 1 � UNITED CITY OF YORKVILLE ) ) SS. COUNTY OF KENDALL ) RESOLUTION NO. 07-R- A RESOLUTION TRANSFERRING JURISDICTIONAL DEVELOPMENT REVIEW FROM THE UNITED CITY OF YORKVILLE TO THE CITY OF PLANO (DuPage Asphalt) WHEREAS, the City of Plano has entered into an Intergovernmental Jurisdictional Boundary Line Agreement with the United City of Yorkville; and WHEREAS, said Boundary Line Agreement provides as follows: "In the event that either municipality's authority to assert a statutory objection to proposed rezoning, special use permits, or other land use proposals cannot be exercised within its designated area because the municipality is not located within one and one-half miles of the subject property, and if the other municipality is located within one and one-half miles of said property, then the municipality located within one and one-half miles of said property hereby transfers its authority to the other municipality." and; WHEREAS, a development proposal known as DuPage Asphalt which is a driveway and parking lot installer but in no event is the Applicant intending to operate an asphalt plant,has been submitted to the City of Plano for consideration and approval; and WHEREAS, the proposed DuPage Asphalt Petition for rezoning is generally located on the south-east comer of the intersection of Budd Road and High Point Road in the designated area of the City of Plano per the terms of the Boundary Line Agreement; and WHEREAS, the proposed DuPage Asphalt zoning Petition is not within one and one-half miles of the City of Plano,but is within one and one-half miles of the United City of Yorkville. 1 05/ 11/ 2007 12 : 40 FAX 630 553 5764 DANIEL J . KRAMER Q004 /004 NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL; as follows: 1) Per the terms of the Intergovernmental Jurisdictional Boundary Line Agreement Between the City of Plano and the United City of Yorkville, dated , the United City of Yorkville hereby transfers to the City of Plano its one and one-half mile jurisdictional review authority for the proposed DuPage Asphalt zoning Petition development, generally located at the south-east corner of Budd Road and High Point Road in Fox Township, Kendall County, Illinois. JASON LESLIE JOSEPH BESCO ARDEN J. PLOCHER WALLY WERDERICH ROBYN SUTCLIFF MARTY MUNNS ROSE SPEARS GARY GOLINSKI APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this day of A.D. 20 MAYOR PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 20 Attest: CITY CLERK 2 05/16 /2007 10 : 59 FAX 630 553 5764 DANIEL J . RRAMER Q002/002 Ll €i I 66s1 we 1 1 Ny It t. Z d It Cl t VOW N10".1 ----------- I� ;% 4 \• � ° rl o At r � . N -------------- `I ` II I. I " L'r '' S 9 eV $ N g g, EE S U MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY fLL HELD IN THE CITY COUNCIL CHAMBERS. ����� 800 GAME FARM ROAD ON TUESDAY. APRIL 10, 2007. . - - Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge o Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward James Present Leslie Present Ward II Burd Present Golinski Present Ward Ill Bock Present Mucus Present (arrived 7:08) Ward IV Bosco Present Spears Present Also present: City Clerk Milschewski, City Treasurer Powell. City Attorney Wyeth, Interim City Administrator Crois, Assistant City Administrator Olson, Police Lieutenant Schwartzkopf, Community Development Director Miller, Superintendent of Recreation Swithin, Public Relations Manager Spies and Finance Director Mika. UORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. - AMENDMENTS TO THE AGENDA Alderman Besco asked that Item 114 — Contract for Garbage, Refuse, Recycling and Yard Waste Collection be removed from the consent agenda and placed on the regular agenda under the Administration Committee Report. Mayor Prochaska noted that the City Council received a memo regarding an emergency change order for the work on Heustis Street and he asked that this item be placed on the agenda under the Mayor's Report for discussion. COMMITTEE MEETING DATES Public Works Committee Committee of the Whole 7:00 P.M., Tuesday, April 18, 2007 City of Yorkville Conference Room Economic Development Committee Committee of the Whole 7:00 P.M., Tuesday, April 18, 2007 City of Yorkville Conference Room Administration Committee Committee of the Whole 7:00 P.M., Tuesday, May 1, 2007 City of Yorkville Conference Room Public Safety Committee Committee of the Whole 7:00 P.M., Tuesday, May 1, 2007 City of Yorkville Conference Room PRESENTATIONS Swearing-in of Police Officers Mayor Prochaska, Police Commissioner Bob Johnson and Police Lieutenants Hart and Sebwattzkop£ swore in new police officers, Andrew Houghton and Matthew Ketchmark. Mayor Prochaska welcomed the officers to Yorkville. PUBLIC HEARINGS Centex Homes Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Centex Homes, a Nevada general partnership, petitioner, who has filed an application with United The Minutes of the Regular Meeting of the City Council — Amril 10 2007 — pa 2e 2 City of Yorkville, Kendall County, Illinois requesting amendment to the existing annexation and _ PUD for the property commonly known as Bristol Bay. The real property consists of approximately 600 acres, located at the northwest and southeast corner of Route 47 and Galena Road, Yorkville, Illinois. So moved by Alderman Leslie; seconded by Alderman Golinski. Mayor Prochaska noted that the City Council received several memos indicating that the petitioner is requesting that the public hearing be continued until the May 8, 2007 City Council meeting. Motion approved by a roll call vote. Ayes-8 Nays-0 Bock-aye, Spears-aye, Burd-aye, Munns-aye Janes-aye, Golinski-aye, Leslie-aye, Besco-aye At the request of the petitioner, Mayor Prochaska entertained a motion to continue the public hearing until the May 8, 2007 City Council meeting. So moved by Alderman Leslie; seconded by Alderman Golinski. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Burd-aye, Mmnrs-aye, James-aye, Golinski-aye, Leslie-aye, Besco-aye, Bock-aye Proposed Fiscal Year 2007-2008 Budget Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing the Proposed Fiscal Year 2007-2008 Budget. So moved by Alderman Golinski; seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-1 Bock-aye, Spears-nay, Burd-aye, Munns-aye James-aye, Golinski-aye, Leslie-aye, Besco-aye Director Mika indicated that all the changes discussed at the Committee of the Whole meeting have been addressed in the document before the City Council. Mayor Prochaska opened the floor for public comment; there was none. Mayor Prochaska opened the floor for City Council comment. Alderman Bard asked if the department heads could attend the next COW meeting in order to explain some of their budget requests. Mayor Prochaska asked Administrator Crois to inform the department heads of the request. There were no further comments. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Bock; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Bind-aye, Munns-aye, James-aye, Golinski-aye, Leslie-aye, Besco-aye Bock-aye CITIZEN COMMENTS None. CONSENT AGENDA 1. Monthly Treasurer's Report for February 2007 (ADM 2007-31) 2. Fiscal Year 2006 Annual Treasurer's Report (ADM 2007-33) 3. City Council Sound System Upgrade — approve Agreement with Sound Incorporated in an amount not to exceed $3, 628.00 and authorize Mayor to execute, subject to legal review (PW 2007-65) Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Bock; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye, Munns-aye, James-aye, Golinski-aye, Leslie-aye, Besco-aye, Bock-aye, Spears-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. The Minutes of the Regular Meeting of the City Council — April 10 2007 — page 3 MINUTES FOR APPROVAL A motion was made by Alderman lames to approve the minutes of the Committee of the Whole meetings of November 7, 2006 and December 5, 2006; seconded by Alderman Bosco. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated March 28, 2007 totaling the following amounts: checks in the amount of $424,215.31 (vendors); $212,903 .86 (payroll period ending 3/17/07); for a total of$637, 119. 17 (total); seconded by Alderman Bosco. Motion approved by a roll call vote. Ayes-8 Nays-0 Munns-aye, lames-aye, Golinski-aye, Leslie-aye, Besco-aye, Bock-aye, Spears-aye, Burd-aye REPORTS MAYOR'S REPORT Wheaton Woods Nature Trail Certification (PKBD 2007-05) Mayor Prochaska indicated that this was discussed at the last COW meeting. He indicated that normally the application for a grant is done at the consensus of the Council however this particular grant requires formal City Council approval. Mayor Prochaska entertained a motion to approve a grant request to the Federal Recreational Trails Program and authorize the Director of Parks to take such action as is necessary to submit the grant, also authorizing the Mayor to sign the request form. So moved by Alderman Golinski; seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Mum s-aye, Burd-aye, Spears-aye, Bock-aye, Besco-aye, Leslie-aye, Golinski-aye, James-aye Purchase of Downtown Caboose (PKBD 2007-06) Mayor Prochaska reported that this item is for the purchase of a caboose located downtown to be used in the Whispering Meadows Park which has a railroad theme. The amount for the caboose and the cost to move it is $22,000.00. This cost does not include the cost of materials to refurbish it. Mayor Prochaska entertained a motion to approve a purchase of the downtown caboose in a sum not to exceed $10,500.00 and further authorize an additional amount in a sum not to exceed $11,500.00 for moving and siting the caboose at Whispering Meadows Park, as presented, subject to final staff mud legal review. So moved by Alderman Burd; seconded by Alderman Golinski. Alderman Besco asked what happened with the discussion regarding the tennis courts. He commented that he felt this project was a money pit and the funds would be better spent on the courts. He stated that he did not see the project being completed for $22,000.00 because there will probably be a need for lighting, fences, etc. He also felt the caboose could be a target for vandalism. Alderman Leslie felt the caboose would be a unique fornn of"living art" and he supported the project. Alderman Golinski reminded the Council that the funds were already budgeted for the park and needed to be spent in order to take advantage of the $362,000.00 OSLAD Grant. The money from the grant has to be spent in this park. Alderman James noted that downtown Aurora has a similar caboose at their downtown station and it looks nice. He supported the project however he thought Alderman Besco had a good point; what happened with the tennis courts. Alderman Munns agreed with Alderman Besco. He asked if additional funds would be taken out of the Parks and Recreation budget and he asked to be kept informed of the additional costs as the project progresses. He asked if the City negotiated with the owner of the Caboose. He felt the caboose was not worth $10,500.00. He did not feel this was the best way to spend money. The Minutes of the Regular Meeting of the City Council — April 10, 2007 — page 4 Alderman Burd noted that the caboose was already sitting in the downtown causing problems such as vandalism. She stated that since the City does not own the caboose, it cannot control what happens to it. She stated that this gives the City a chance to make a negative into a positive and she felt it was a creative idea. She noted that when she went to the Park Board about the tennis courts she made it clear that she did not want money to be taken away from the Parks Department. She wanted the funds for the tennis coots to be found in the budget however it did not seem there was support for this. Alderman Spears commented that this will be unique for the park and that the Park Board and Director Mogle have worked hard on this project. Alderman Bock noted that the caboose conforms to the theme of the park. He stated that the cost for the caboose is $22,000.00 versus $110,000,00 for tennis courts. He recommended that the Council wait on making a decision on the tennis courts until after the results of the park & recreation survey are received. He stated he was in favor of the caboose purchase. Mayor Prochaska noted that he spoke with Director Mogle and there was a discussion with the owners of the caboose regarding the price and the final amount was not the starting price. Alderman Golinski interjected that the owners were selling the caboose to the City at cost. Mayor Prochaska also noted that the City could look for donations and volunteers to help with the completion of the project. Motion approved by a roll call vote. Ayes-6 Nays-2 Burd-aye, Spears-aye, Bock-aye, Besco-nay, Leslie-aye, Golinski-aye, James-aye, Munns-nay In-Town Road Program (Phase 2 Utilities) — Potential Change Order 91 Mayor Prochaska reported that there is an old sewer line that exists along Heustis Street between Fox and Van Emmon Streets and due to its age, the exact location was unknown. Work on the storm sewers and waternain is currently underway on the street and the location of the sewer has been determined. The clay sanitary sewer is closer to the new watermain than Illinois Environmental Protection Agency standards allow. It is necessary to replace the sewer with watermain quality pipe and the estimate to do this is about $21 ,000.00. Mayor Prochaska indicated that City Engineer Wywrot has asked the City Council to consider a change order to perform the additional work. Mayor Prochaska asked Attorney Wyeth if the City Council could vote on this item since it was not on the agenda. Attorney Wyeth stated that if the Council finds this is an emergency matter, it can be voted on tonight. Mayor Prochaska asked the Council if they felt this was an emergency item. Alderman Munns asked if this would cost more to replace at a later date and Mayor Prochaska indicated it would since the road is already being excavated at this time. Administrator Crois stated that he spoke with City Engineer Wywrot earlier in the day who explained that they are installing a new watermain on Heustis Street and when they opened up the street it was discovered that the water line will be below the sanitary sewer line. The separation between the water line and sewer does not meet IEPA standards so it needs to be replaced with water quality pipe. It is a matter of health and safety because with the sewer line above the water line possible sewer leakage into the watermain needs to be addressed. Also, the line can be replaced easily due to the street being opened for construction. Mayor Prochaska entertained a motion to find that this is an emergency issue to be dealt with this evening. The City Council will be considering the replacing of a length of sewer line estimated to cost $21 ,000.00 and direct the City Engineer to move forward with replacing this piece of pipe. So moved by Alderman Besco; seconded by Alderman Burd. Alderman Bard commented that this is an emergency because it is over by her house. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye, Leslie-aye, Golinski-aye, James-aye, Muuns-aye, Burd-aye, Spears-aye, Bock-aye CITY COUNCIL REPORT No report. ATTORNEY'S REPORT No report. The Minutes of the Regular Meeting of the City Council — Anril 10, 2007 — page 5 CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOWS REPORT No report. FINANCE DIRECTOR'S REPORT Director Mika reported that there is ten months left on the City's copier lease and she was approached by Kopy Katto renew it for an additional five years. With the renewal, the City would get two new copiers however the rent would increase by $1 ,100.00/month. Director Mika stated she was not comfortable with the offer and stated that she would like to go out to bid for copier services. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE'S REPORT No report. DIRECTOR OF PARKS & RECREATION'S REPORT No report. COMMUNITY DEVELOPMENT DIRECTOR'S REPOR No report. COMMUNITY RELATIONS OFFICER'S REPORT No repot. COMMUNITY & LIAISON REPORT Library Board Alderman Leslie reported that he attended his first Library Board meeting as its liaison where they discussed their budget. They indicated they are under budget with their spending. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT Resolution 2007-25 Approving the Revised Job Description for the Position of Executive Assistant to Chief (formerly known as "Police Office Supervisor") A motion was made by Alderman Spears to approve a resolution approving the revised job description for the position of Executive Assistant to Chief(formerly known as "Police Office Supervisor") as presented, subject to final legal review; seconded by Alderman Bock. Alderman Spears noted that the Council received information regarding the salary range from Assistant City Administrator Olson. Alderman Manus questioned what the salary range was and Assistant City Administrator Olson indicated that the range was from $43,000.00 to $57,000.00. Alderman Spears stated that she felt that the range should be higher when compared to other positions in the City. She recommended that the high range be increased to $62,000.00. There was a brief discussion which included the duties of this position, comparisons to other positions in the City and salary ranges. Alderman Golinski commented that the top of the range, $57,000.00, was a nice increase to the window. He asked if Chief Martin bad input with the salary range. Mr. Olson stated that he did and Chief Martin agreed with the range. The Minutes of the Regular Meeting of the Citv Council — April IO 2007 — page 6 After some discussion, Mayor Prochaska recommended that the City Council approve the resolution as presented so the employee could be moved into the position. He stated that more research could be done into the salary range which could be amended at a later date if necessary. He directed Mr. Olson to continue his investigation of the salary range and to bring the information back to the Public Safety Committee. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye, Bock-aye, Besco-aye, Leslie-aye, Golinski-aye, James-aye, Munns-aye, Bud-aye ADMINISTRATION COMMITTEE REPORT Resolution 2007-26 Approving the Revised Job Description for the Position of Human Resources Manger (formerly known as "PayrolVBenefits Specialist") A motion was made by Alderman James to approve a resolution approving the revisedjob description for the position of Human Resources Manger (formerly known as "Payroll/Benefits Specialist") as presented, subject to final legal review; seconded by Alderman Bock. Alderman Spears asked if the 5 to 9% increase in the salary range was in addition to the $5,000.00 increase approved several weeks ago. Mr. Olson explained that the $5,000.00 increase was included in the budget and the percentage indicates the increase to the current range. Motion approved by a roll call vote. Ayes-7 Nays-I Bock-aye, Besco-aye, Leslie-aye, Golinski-aye, James-aye, Munns-aye, Burd-aye, Spears-nay Contract for Garbage, Refuse, Recycling and Yard Waste Collection A motion was made by Alderman James to approve the proposal to approve the contract for garbage, refuse, recycling and yard waste collection and to authorize the Mayor and City Clerk to execute subject to final legal review; seconded by Alderman Besco. Alderman Besco indicated that he asked that this be removed from the Consent Agenda because at one time he was in discussions with this company in regards to a co-operative agreement. He felt he should abstain from the vote. Alderman Burd stated that she had telephone calls from senior citizens who were concerned with the senior discount. She asked if the seniors will be still getting their discount. Mayor Prochaska indicated that the senior program was never tied to the contract but it has been a City program. Alderman Spears asked if the waste company, Veolia, was asked to give a senior discount. Representatives from the company indicated that this was not included in the bid specifications. Treasurer Powell asked the representatives from Veolia if they could develop information about recycling for the City's website. They indicated that they offer a link to their website which promotes recycling. Motion approved by a roll call vote. Ayes-6 Nays-0 Abstains- 2 Leslie-aye, Golinski-aye, James-aye, Munns-abstain, Burd-aye, Spears-aye, Bock-aye, Besco-abstain ADDITIONAL BUSINESS Bankrupt Subdivision Alderman James noted that behind the Prairie Gardens Subdivision is a subdivision that went defunct. He noted that the land was cleared and a retention pond was built. He was concerned that no one is doing maintenance on the pond which is full of water and weeds. He asked if the pond could be included in the mosquito control plan. He also asked if the City has anything in place to address this type of situation. Director Miller indicated that he would look into who is responsible for the area and get back to the City Council with any information he can find. He also indicated he would look into the City cutting the grass. 50"' Anniversary Kick-off Mayor Prochaska thanked everyone who helped with the 50"' Anniversary kick-off on May 9, 2007. He stated that it was a nice event that was well attended. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman Bock; seconded by Alderman Spears. Motion approved by a viva voce vote. The Minutes of the Regular Meeting of the City Council — April 10, 2007 — page 7 Meeting adjourned at 7:55 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois MINUTES OF THE SPECIAL METING OF THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY ILLIN iffi HELD IN THE CITY COUNCIL CHAMBERS GAME 800 T ES AY, MAY ROAD ON DRAFT Mayor Burd called the meeting to order at 7:30 P.M and led the Council in the Pledge o Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I Leslie Present (via telephone) Werderich Present Ward II Golinski Present Plocher Present Ward III Munns Absent Sutcliff Present Ward IV Besco Absent Spears Present Also present: City Clerk Milschewski, City Attorney Roth and Interim City Adminishator Crois QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Burd asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. MAYOR'S REPORT Ordinance 2007-41 Amended Ordinance Providing for the Issuance of Special Service Area Number 2006-113 Ad Valorem Tax Bonds, Series 2007 Cannonball/Beecher Project (CC 2007-10) Mayor Burd reported that the special meeting was called to amend and restate an ordinance providing for the issuance of United City of Yorkville, Kendall County, Illinois Special Service Area Number 2006-113 Ad Valorem Tax Bonds, Series 2007 (Cannonball/Beecher Project). She asked if there was a motion to do approve this. So moved by Alderman Werderich; seconded by Alderman Golinski. Mayor Burd asked if someone was present to explain the reason for the amendment. Christopher Knight with Foley and Lardner LLP, (bond council) explained that the original ordinance was adopted in March 2007 and called for the issuance of bonds in three series. The bonds are being used to finance a component of the Kendall Marketplace development with the first issuance not to exceed $12.5 million. Last week the investment bankers realized that more funding is needed in the first bond issue and this needs to be amended to $14.9 million. The overall issuance will not change; just the allocation. Alderman Werderich asked if there was any impact on the City and Mr. Knight explained that there was no impact; the overall numbers for the bonds will stay the same. Attorney Roth clarified that this in regards to the amount established by the ordinance under the Special Service Area. Mr. Knight stated that this was correct. Attorney Roth clarified that originally the bonds were to be for $12.5 million but this is being amended to $14.5 million. He asked if the remainder of the bonds were Special Service Area bonds. Mr. Knight explained that there are business district bonds and Special Service Area bonds. Attorney Roth asked Mr. Knight if he was comfortable with changing the amount of the bonds without a public hearing. Mr. Knight stated he was because when the City first proposed the SSA, the maximum amount of the bonds was $20 million and this has not changed. Alderman Leslie asked if the increase would have any effect on the City's bonding capacity. Mr. knight stated that the bonding ability stays the same. Motion approved by a roll call vote. Ayes-6 Nays-0 Leslie-aye, Golinski-aye, Werderich-aye, Plocher-aye, Spears-aye, Sutcliff-aye The Minutes of the Special Meeting of the City Council — May 14, 2007 — page 2 ADJOURNMENT Mayor Burd entertained a motion to adjourn. So moved by Alderman Spears; seconded by Alderman Plocher. Motion approved by a viva voce vote. Meeting adjourned at 7:40 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville, Illinois Page 1 of 7 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE Council Chambers Wednesday, April 18, 2007 — 7:00 pm (moved to Wednesday due to elections) In Attendance: Citv Art Prochaska - Mayor John Wyeth — City Attorney Gary Golinski, Alderman John Crois — Interim City Administrator Valerie Burd — Alderman (arr. 7: 10pm) Eric Dhuse — Public Works Director Joe Besco — Alderman Susan Mika — Finance Director Rose Spears — Alderman Bart Olson — Assistant City Administrator Marty Munns — Alderman (arr. 7:08pm) David Mogle — Executive Director Parks & Rec. Jim Bock — Alderman (arr. 7:45pm) Jason Leslie — Alderman Bill Powell — Treasurer (by conference phone) Joe Wywrot — City Engineer Chief Harold Martin — Police Chief Lt. Don Schwartzkopf Glory Spies — Community Relations Director Guests Frank Beckley — Prairie Gardens Darrel Brown Tim Johnson Donna & Gary Cervelli Melissa Barnhart — Pilmer & Barnhart Renee Bowerman — Goodwill Lynn Dubajic — YEDC Mike Knoll — Owner, Lot 200 Greenbriar James Sparesus — Archiplan Int'1 Russ Walter Heather Gillers - Beacon News Dean Tomich — DTD Investments Tony Graff— Brummel Realty Eugene Sheeley George Gilson Dan Kramer — Attorney Kathleen Orr — Attorney Robyn Sutcliff Kathy Farren — Kendall County Record The meeting was called to order at 7:00pm by Mayor Art Prochaska. PUBLIC HEARING: None Page 2 of 7 (taken out of order) PUBLIC WORKS : 1. PW 2007-67 State Purchase Dump Trucks Eric Dhuse reported that orders for trucks must be in by April 30`h for 2008 purchases. If the budget passes next week, the trucks can be ordered. This moves to the consent agenda subject to the passage of the budget. 2. PW 2007-68 Fox Hill and Sunflower Estates RFP Results English & Sons was the only bidder for this job and Mr. Dhuse recommended acceptance of the bid. This moves to the City Council consent agenda. Note: At this point Alderman Jason Leslie joined the meeting by conference call since he was absent due to a business trip. Attorney Wyeth said the Council must recognize that Mr. Leslie was a part of the meeting via phone, which was agreeable with the Council members present. 3. PW 2007-69 Grande Reserve Unit 14 — Letter of Credit Expiration 4. PW 2007-70 Grande Reserve Unit 15 — Letter of Credit Expiration These letters of credit are due for renewal on June 28`h. There was no further discussion and they will be moved to the City Council consent agenda. 5. PW 2007-71 Raintree Village Unit 4 — Supplemental LOC Reduction #1 Joe Wywrot said this letter was routine and he recommended reduction of the $669,000 letter. This will move to the City Council consent agenda. 6. PW 2007-72 Raymond Storm Sewer Outfall — Change Order #3 Mr. Wywrot reported this order is for additional work downstream in the Caledonia subdivision. The contractor had to pump water from the site each day. Mr. Wywrot recommended approval of this change order and it will move to the Council consent agenda. 7. PW 2007-66 Greenbriar Lot 200 — Sidewalk Easement This matter was before a C.O.W. meeting in March and concerned a sidewalk easement that was dedicated years ago. This easement was shifted farther north after a previous landowner requested the easement (it crossed their lot) be vacated. The new owner is requesting the vacation with no replacement easement. Input was requested from property owners in Greenbriar and Prairie Gardens. This item also went to the Park Board for their consideration and they wish to maintain a trail easement. A petition of opposition signed by property owners was included as part of this agenda packet. Frank Beckley, 355 Garden Circle spoke briefly and said the property owners opposed the sidewalk. He asked who would maintain the sidewalk and clear the trash it might generate. Alderman Burd asked that this item be tabled until the Aldermen representing this area had a chance to canvass the residents. She asked that this be done in view of the proposed trail that the Park Board wishes to maintain. She said that the Council should move cautiously on this matter. Before vacating this easement, she said an alternate trail route should be explored. The Mayor Page 3 of 7 added that the residents there never had an opportunity to express their opinion. This type of situation further solidifies the need for signage of such future actions, he said. Mayor Prochaska said that property farther north of this location could be an alternate route. Alderman Leslie said he had received phone calls about the possible re-routing. He said he could set up meetings next week to speak personally with residents and was asked to meet with some Greenbriar residents as well. Alderman Golinski said one of the Park Board members lives in Greenbriar and he asked Mr. Leslie to meet with the Parks representative. This matter will be tabled until the next Public Works C.O.W. (taken out of order) ECONOMIC DEVELOPMENT: 1. EDC 2007-15 Building Permit report for March 2007 There were no comments on this report and no further action is required. 2. PC 2007-04 His Grace Daycare — Special Use This agenda item appeared at a previous C.O.W. and the request has now been withdrawn. The owners have contacted Lynn Dubajic for an alternative site and this item is currently off the agenda. Alderman Golinski said he was disappointed to see the request withdrawn. Even though the suggested usage for this building in the industrial park was not industrial, he said he was concerned about the vacant buildings there. Alderman Besco said that building is not suitable for industrial use. No further action was taken. 3. PC 2006-100 YBSD — Annexation and Special Use A shorter setback was requested at the expansion site on River Street. Public Works Director Dhuse said there was a steep bank on the river at that point. It was recommended to approve this, noting it is a special condition. Approval would be pursuant to staff recommendations on advice from Attorney Wyeth. 4. PC 2007-06 Cobblestone Commons South — Final Plat and Amended Economic Incentive Agreement Attorney Dan Kramer was present to speak on behalf of this development. He said the stormwater would be handled on-site, but since part of the property to the north is not developed, he said there is a significant flow-through and would cause problems downstream. EEI was requested to design a creative approach to capture that water on-site. This development is located at the southeast corner of Rt. 34 and Eldamain and it was noted that other businesses have already shown interest in this location. The developers have met with IDOT to discuss a light to allow access. Attorney Kramer also noted that a number of years ago, a part of this property was traded for land in Fox Hill to build a park. This item will move to City Council consent agenda for next week. Page 4 of 7 5. PC 2007-07 Goodwill Retail Store — Preliminary/Final Plat Renee Bowerman of Goodwill was present and said this store would be similar to the one located on Randall Road. She said it will provide employment training and it will be located by Menards on East Countryside Center. This moves to the Council consent agenda. 6. PC 2007-08 Corn Holdings — Rezoning This concerns a 43-acre parcel of land north of X-Pac for which the owner is requesting rezoning. Mayor Prochaska said he would not want a complete rezoning since there is overlay zoning north of this location (by F.E. Wheaton). He said either M 1 or B3 zoning is allowed at this time and he recommended leaving it as flex zoning. Attorney Wyeth suggested that Travis Miller should be able to have input on this matter. If he concurs, the property could be designated as flex zoning. This could then be brought back next week and it could be placed on the agenda, however, not on the consent agenda. 7. PC 2007-11 Fountain View — Annexation, Zoning, and Economic Incentive Agreement Attorney Dan Kramer said that the developer, DTD, built the commercial center across from the Walgreen's at the sound end of town and has requested annexation. It is also located across from the County building. Mr. Kramer said he has a standard economic incentive agreement and received a positive recommendation from the Plan Commission. The type of business is not yet known. The Mayor noted that several staff recommendations had been made to include certain additional language in the agreement. This will move to the City Council agenda contingent upon staff recommendations. 8. EDC 2007-16 DTD Investments — Greenbriar Road Parcel — Economic Incentive Agreement Attorney Dan Kramer said this agreement is similar to the previous agenda item. This parcel is already annexed. If an auto dealer moved into this location, a different agreement might be requested, however, approval is requested for the standard agreement. Mayor Prochaska said the utility tax rebate being requested is not a rebate the City has ever granted and he asked for the attorney to research. This moves forward to City Council agenda. 9. EDC 2007-17 Tuscan Plaza TIF/RedevelopmentAgreement Demolition at this site has been completed and the owners are seeking to recoup demolition costs. Attorney Kathleen Orr was present and said that without reimbursement, the project could not go forward. The entire project is estimated to cost about $6.5 million and is the first one in the downtown TIF area. A $ 1 .8 million reimbursement recommendation was made and it is on the condition that the developers have to spend at least that amount. Ms. Orr said that under TIF, reimbursement is never under 25%. Ms. Orr said that one of the costliest aspects of the project is the underground parking that will require a carport elevator. Because of that, she said a request for 28% reimbursement would not be out of the question. Another unique facet is the proposed rooftop garden. The project will include both commercial space and 20 condo units. Page 5 of 7 Attorney Orr said she was seeking direction for the re-development agreement. Mayor Prochaska said that since this is the first TIF project, it is important that the City works closely with the developer. Since there are unique features to the development, he hopes the TIF will allow ingenuity. He complimented the plan to maximize the parking area at this location and he encouraged the reimbursement. Ms. Orr also said this is a good project since it offers mixed use in the downtown area. Alderman Golinski asked if there should be any concern if the reimbursement exceeds 25%. Ms. Orr said it should be accommodated since it is no different than a brand new building project. The on-site marketing on the trailer was questioned by Alderman Besco, however, the attorney said this was allowable to sell the units quickly. This matter will move to the May 8th City Council meeting. DETAIL BOARD REPORT BILL LIST): The following bills were discussed: Page 15: Who is the law firm for Sunflower that the City is paying? It is the bond counsel for the SSA ordinance on City' s behalf. Page 20: Metro West? This is the Council of Governments to which the City belongs. Ms. Mika will further research the invoice. The bill list will moved forward to City Council agenda. PARK BOARD: No report. MAYOR: 1. Adhoc Technology Minutes: April 11, 2006, May 9, 2006 and June 13, 2006 This committee has disbanded and there had not been a vote to approve the release of these minutes. Since the committee members were not present to vote on their minutes, Attorney Wyeth said that the minutes would be information only, at this time. The Mayor said that if no changes are noted by next Tuesday, he will ask staff to release them. Alderman Spears questioned why the minutes were a year old. The Mayor said the meetings were continuously cancelled due to no quorum and the minutes could not be approved. 2. PS 2007-06 Request to Purchase Digital Scales for Truck Enforcement Chief Martin said a second set of scales was desired and there was now enough money in the capital budget ($ 13,339) to move forward with this purchase. This moves to the City Council consent agenda for next week. Page 6 of 7 3. ADM 2007-28 Proposed FY 07108 Budget Raymond Outfall Discussion Mayor Prochaska noted that no check had been received yet from Ocean Atlantic for their share of the Raymond Outfall. Mr. Crois explained that the mortgage company working with Ocean Atlantic had gone bankrupt and a new company will be assuming the assets. Essentially Ocean Atlantic has no source to pay the money at this time. The Mayor said that the City could use some money from the reserve and he thought that the City could place a lien on the property. Alderman Leslie asked what guarantee the City would have to recoup the $500,000. He also felt the City should move forward with the financing. Attorney Wyeth was asked to look at possible legal action and Alderman Spears suggested the City should charge interest. Garbage Contract Mayor Prochaska said there would be a substantial monetary increase with any garbage contract the City might sign. Rather than increasing property owners' fees, he suggested money not spent for new residents (due to a housing slowdown) could be used and he suggested reviewing it at the half year. Alderman Spears asked if the City could reconsider or negotiate with the present waste hauler — Waste Management. Mr. Crois said that Waste Management submitted three bids and all three were higher than the one accepted from Veolia. In addition, Veolia will increase their rates at a lower percentage after a 5-year period. Alderman Spears also asked if the waste hauler's background and the company owner were investigated. They were investigated and it was noted that a number of their clients include north shore communities. They were found to have a solid reputation. The Council decided that a small user increase will be suggested along with other options of funding the increased fees. Research will be done and this will move to the City Council agenda. Other Budget Item Discussions • Computer equipment and software up 159% • Training conferences showed dramatic increases • Park contractual services up • Merit increase of 94% for Parks • Library expenses doubled, Library submits their own budget Discussion of Police Related Items Chief Martin said two Sergeants will be retiring this year and replacements must be trained. Also, two personnel will be attending each the Executive Management Program and the investigator training. Four new officers will be hired this year and there is no money in the budget for their training. Chief Martin said the officers must be state-certified. Page 7 of 7 The Chief said the clothing allowance is also down $5000-$7000. He requested money for these items, but does not know the source of the money. Alderman Spears said it is paramount to have the officers and have them trained. She recommended taking some funds from the $70,000 allocated for parties and community events for this important priority. Alderman Munns concurred with her and asked how money can be transferred to fill the needs of the Police Department. Ms. Spears recommended a residential moratorium to allow the City to meet the demands for services. Various suggestions were made regarding solutions for this matter and what monies could be transferred. Alderman Burd suggested taking funds from the facade program since there were no applications last year. A recommendation was also made to take some money from Community Events since not all the money will be used. Glory Spies will meet with the Finance Director to determine the amount that can be re-allocated. It was also noted that the State will reimburse the City for training from PTI. Mr. Munns questioned a memo from Ms. Mika that stated the traffic signal at Sycamore and Rt. 34 might be cut if a check was not received from Ocean Atlantic. Since this is a safety issue, it was noted that the traffic signal will not be cut from the budget. Ms. Mika will attach a memo detailing the changes to the budget and the revised budget will be brought back to the City Council meeting on April 241h. ADDITIONAL BUSINESS: Alderman Spears asked about the warning sirens for future residents of the newly annexed property in Fox Township. Alarms will be installed as the area develops and it was noted that developers pay $75 per house towards the alarms. Chief Martin said the alarms have a 2-mile radius. Alderman Besco said that he would be unavailable for meetings for the next three weeks due to a dramatic increase in business. Mayor Prochaska told the Council he will not be present at the rest of the landfill hearings because he wants to present comments. It was noted that there will soon be a cutoff date for comments. There was no further business and the meeting was adjourned at 8 :57pm. Minutes respectfully submitted by Marlys Young, Minute Taker DRAFT Minutes of the Public Safety Committee, Administration Committee, Committee Of The Whole, Kendall County, Illinois Held in the City Council Chambers, 800 Game Farm Road on Tuesday, May 1, 2007 7:00 p.m. In Attendance: City; Susan Mika — Finance Director Rose Spears —Alderwoman Denise Kasper— Human Resources Valerie Burd —Alderwoman Manager John Wyeth — City Attorney John Crois — Alderman Guests: Gary Golinski —Alderman Lieutenant: Heart Harold Martin — Chief of Police Tony Scott— Records Joe Besco —Alderman Todd Milliron William Powell —Treasurer Koby Satcliff— Resident Jim Bock—Alderman Dave Matlock Marty Munns —Alderman Eugene Sheeley Bart Olson —Assistant City Russ Walth - Resident Administrator Alderwoman Rose Spears calls the meeting to order at 7:05 p.m. Public Hearing: None Presentations: None Public Safety Committee: 1. PS 2007-06 Police Reports for April 2007 Alderwoman Spears asked if there are any questions on the police report and there were none rose. Administration Committee: 1. ADM 2007-36 Monthly Budget Report for March 2007 No Chairman present and Susan Mika states she does not have anything to add. Alderwoman Spears raises a question on page 39 of the Expense Report. Ms. Spears inquires about received land cash from Caledonia. Concerned that they have not paid and we are still issuing them permits. Attorney John Wyeth assured that payment will be made and that Caledonia has worked out something with Parks and Recreation. Alderman Crois said he'll work on putting a memo together. We don't want to be setting 1 precedence for other contractors. Ms. Spears and Alderman Besco suggest we should be charging Caledonia and other contractor's interest on late payments. 2. ADM 2007-37 Monthly Treasurer's Report for March 2007 Treasurer, William Powell presents the beginning balance of March 1St was $15,743,332, March Revenues were $3,584,560, March Expenses were $5,295,843 and an ending balance of$14,032,048. Alderwoman Spears raises the question between the beginning balance of February and March there is a difference of$237,074. Susan Mika says she will look into the balance and reiterates the footnote on the bottom of the page stating that beginning balances updated to reflect entries posted to previous periods per reconciliations. Ms. Spears states that this will go on consent agenda if it is okayed by the council. 3. ADM 2007-38 Petty Cash Policy Susan Mika would like to see a Petty Cash Policy put into place in all departments. Mika would like to change in the initiating petty cash fund for the Police Department. Mika feels they should have a larger balance. She wants to add a line to the paragraph under initiating petty cash funds (pg. 2) stating that the Police Department's Petty Cash Fund would be $250- $500. Mika was going to check with Molly on that. Alderwoman Spears asks if the council is on consensus for the Police Department receiving a larger fund due to their circumstances. The council gives consensus. 4. ADM 2007- 26 Comp Time Discussion Alderwoman Spears states this will be coming back to the council. Alderman Crois states that this has been reviewed by department head level and they have come up with a number of questions that they are researching and they will bring it back to the council in June. 5. ADM 2007 -27 Verification of Driver's Licenses Denise Kasper, Human Resources Manager, has spoken to a legal authority and she was notified that it is permissible under management to make sure their City employee's hold current valid drivers licenses. Ms. Kasper also states that it is for employees who operate city vehicles on a daily basis. Alderwoman Spears says we can easily get licenses checked through the Illinois State Department. It's free and it simply is done through a database that would require forms to be completed online. Ms. Spears 2 says it wouldn't require any man hours on the Police side and it's something that HR could handle routinely. Ms. Kasper states some of the City employees don't technically need a valid driver's license. Ms. Kasper thinks the employees job description should be looked at, such as do they need a divers license to perform their duties, are they required to go places etc. Alderman Besco says if it is part of your job description to have a valid license and you don't necessarily need one to do you job you should still have to prove you have a license. Mr. Besco also brings up the concern over part timers who aren't required to drive on a daily basis but it is part of their job description and if the employee lost their license they might not take it as seriously as someone who performs the job full time. Ms. Kasper said that the current employee manual states that any employee whose driver's license is revoked or suspended while employed with the city is required to notify their department head within 24 hours of the incident. Ms. Kasper said that she was advised by the attorney, Jim Powers, to only focus on those who drive on a daily basis even if it were in their job description to hold a valid drivers license. Ms. Spears thinks that we should get something from the Labor Attorney in writing and also give him our concerns such as people just running to Wal-Mart on errands; we do need to know that they have a valid driver's license. Ms. Spears inquires then about the class of driver's license. Denise Kasper states that the City does verify that they have the correct class of license. Ms. Spears also asks if the insurance companies verify the insurance coverage of the employees who drive city vehicles to make sure they have insurance. Ms. Kasper states that those who drive city vehicles are insured through their insurance. Alderman Golinski states that he feels that it's wise for the City to put the responsibility on the employee and verify that they have a license when they are hired and make this a requirement in the employee manual. Mr. Golinski states he doesn't know if we are taking on any more of a liability and agrees with the recommendation from the Labor Attorney. Ms. Spears states that we do need to find out how often we need to check licenses. Alderman Munns says that the policy needs to state that if an employee is hired without a valid license and they go out and smash something that we are going to go after them, and then they need to know that there are consequences. Ms. Spears asks what the consequences are. Ms. Kasper 3 states that there is a disciplinary section regarding the consequences. Ms. Spears said it should be made very clear in the handbook that if they are found guilty of a conviction where they loose their license that that is grounds for termination. Ms. Kasper said that she'll get with Jim Powers and get some recommendations in writing and bring it back next week. 6. ADM 2007-32 Video Producer Fees Discussion Bart Olson, Assistant City, reports of a couple different methods of recording their meetings. One is to have a city employee record the meetings. Mr. Olson's finding found that a Video Production Specialist would range anywhere from $17 - $25 per hour. The second method is to have a contractor. This could be a full time or part time employee. Council debates about how a stationary camera should be set. Alderman Crois thinks that most just want to hear what's going on and not so much see what is going on. Alderwoman Burd would like to expand the videos on the website. Ms. Burd disagrees and states that people want to see what's going on. She believes that it will add to the interest of the meetings. Alderman Munns gives an example of using NC 17 cable axis channel and also streams video on their website, NC17.com. So if an individual can't get it on their TV they could watch it on their computer. Mr. Crois reminds the council that this will require some adjustment to the budget. Ms. Spear's states that the City has already paid for three individuals to complete the production course and something has come up with some of them where something personal came up and they weren't able to make it. Ms. Spear's says that she called Mike Reynolds over at Wabaunsee and asked what the availability of those graduating would be. Mr. Reynolds didn't think any students would volunteer to video record . Ms. Spears thinks they should hire a reliable contractor. Alderwoman Burd feels like students in high school should make it part of class where they come over and have supervision. Mr. Olson contacted the IT teacher at the high school a year and a half ago and they had no interest. Mr. Munns thinks it would be a good idea to involve the students and they in turn could get credit for their class. Mr. Munns also feels that we should go over the IT teacher and ask someone higher up. 4 Mr. Spears concludes that Bart bring this back to administration with more information . 7. ADM 2007-39 Minute Taker's Hourly Wages Bart Olson indicated there have been no adjustments since 2003. Mr. Olson spoke with representatives from a few area municipalities who indicated their minute takers' hourly rate were in the $20 per hour range. Mr. Olson makes it clear that minute takers now are paid by the meeting. The base pay is $35 for up to two hours and any time over will be $17.50/hour. Transcription time is still $11 .00/hour however it will be based on twice the length of the meeting. Alderwoman Spears states that the minutes should be available at least one week before the next scheduled meeting so they were available for the next monthly meeting. Alderman Munns thinks we should give the minute takers an 8% raise. That would be a dollar an hour. Alderwoman Burd feels that there should be a performance bonus if they turn it in a week from the time the meeting was held. Ms. Spears concludes with this returning to the administration with more information from Mr. Olson . 8. ADM 2007 — 40 Draft Ordinance Providing fro the Imposition of a Garbage and Refuse Pick-Up Surcharge Alderman Munns states that there have been many people calling in to complain about their garbage not being picked up. Some residents still have not received their garbage containers. Alderman Crois says that says that the first time they go through town they are going to put stickers "recyclables only" on the purple containers. Mr. Crois also states some residents will have a different pick-up day. Mr. Crois also states that Waste Management is not picking up containers and new ones are coming in late from Veolia Environmental Services. Veolia is still delivering them. Alderwoman Spears brings the discussion back to the draft ordinance and asks if there should be a line added to the ordinance regarding the seniors. City Attorney, John Wyeth states to make it easier, there could be a separate policy and it would set the base rate. Alderman Crois states that the original rate of $5/month was done in 1994 and there does not seem to be anything in existence for the City rate. 5 What is in the code book was the $5 figure and it doesn't include the figure for the senior rate. So as it stands presently it seems like the seniors was not done by ordinance. Mr. Crois reiterates that the reason it's being discussed now is because is because the $5 was done in 1995 by ordinance so since that original rate was done by ordinance in talking to John Wyeth we should bring up another ordinance to forward to amend it to bring it up to the present rate. Alderwoman Burd feels everyone should fill in the ordinance price per/month and review it later. Ms. Spears would like to put in a special rate for seniors. Mr. Olson states that seniors are anyone 65 years or older weather or not you have special financial needs. There are less than 400 seniors in Yorkville. Council agrees upon "that a garbage surcharge shall be placed on the regular billing of City Water bills for the sum of $10.93 per month commencing the next billing cycle of May Vt. Ms. Spears concludes and asks for consent then with the intuitive of the amounts as discussed and the initial provision to add that seniors 65 years or older, is provided by drivers license, shall be charged the rate of . 50/month commencing May 11 2007. Detail Board Report (Bill List): Alderman Munns has a question on page 13 on dues for Administrator. Mr. Munns wants to know if the funds are transferable. Alderman Crois believes if it is the annual dues for the ICMA he doesn't believe it is transferable. Chief of Police says he'll look into it. Alderwoman Spears states that this should be taken off the board report at this time. Ms. Spear's questions page 9 on Eastern Illinois University membership fee for $80 . Susan Mika says she'll look into that. Mika says it's and admin fee. Ms. Spear's questions page 22 Kathleen Field Orr & Assoc and ask if this is going to be charged to the tiff. Ms. Mika says she is an attorney and she will get a report on the tiff file. Mika says that City is obligated to pay fees however covered under the tiff fund . Ms. Spears also brings up page 24 on Jill Harker. Wanted to know if this is a company or a private individual that's doing 50th anniversary cake. Ms. Mika said that she'll find out. Ms. Spears then concludes with moving this onto City council. 6 Park Board : 1. No Report Human Resources Commission: 1 . Sponsorship Request for the Optimist Club Alderwoman Spears reads memo, "The Optimist Club of Yorkville is requesting the use of the Riverfront Park and would like the City to waive the rental fee for the park of $100 and receives in-kind hours from the Park Department and Recreation Department." Ms. Spears states that this recommendation came from the staff and Sue Swithin , Superintendent of Recreation, put this memo together. Ms. Spears concludes that this is approved after bringing up a question regarding the form that on the bottom of the form it doesn't indicate that the Human Resource Commission is suppose to approve it. Ms. Spears believes that the Human Resource Commission should sign and date it. Ms. Spears then adds if they could sign it then they should put it on consent. 2. Approval for Historical Street Names Nominations were based on the founding fathers of Yorkville. a. Barbra Joan Groesch b. Ralph and Arlene Blake Honorary Street Names — Nomination of Founding Fathers by HRC: Delbert Trummel, Wayne Larson, Russ Hughes, Bill Randels, Dick Mitchell Alderman Golinski says the only name that HR had a problem was Dick Mitchell but the recommendation was to use his full first name of Richard Mitchell. Ms. Spears brings up that William is unavailable for use and asks if that's because it's been used on another street name. Ms. Spears asks if the council had any more information on that. Ms. Spears asks Bart Olson to look into it. Mr. Olson believes that there might be another street with a similar name. Ms. Spears would like to use the full name. Mayor: 1. No Report Additional Business: 1 . Susan Mika hands out a memo (see attachment) and goes over Merit/COLA adjustment. Ms. Mika would like some input. Alderman Munns wants to know how many dollars they are talking about. Ms. Mika said for one day twenty thousand dollars. Mika believes with the 7 journal entering done by accounting and she would have to double enter everyone's pay it would probably take at least 5 or 6 hours. Mika fears that even if they do enter in manual seeing that even if they input all the information manually being that time sheets are due on Monday morning direct deposits are due on Tuesday she couldn't guarantee that they would be on time to the bank meaning employees might not get paid on time on Wednesday. Alderman Golinski agrees with Susan that raises the effective of the first payroll of the following fiscal year and the next check would include that raise no matter what's on that next check. Council would like to get an exact numbers and William Powell states it might be easier to prorate. Ms. Spears concludes that COLA adjustments based on numbers under a thousand could be gone ahead with. 2. Alderman Munns brings up the Governing Ordinances needs to be re- discussed because he doesn't follow after reading through the copy of it again knows which committee went to which committee with the chairman selections. He says some things they are following and some things they aren't. Mr. Munns believes that some of the things need to be discussed . The Council agrees that it will be brought up to the May 15th agenda. 3. Alderman Munns also goes over a fax from one of the candidates who did not win the election and he's questioning if he is challenging it or if he's asking if it's too late. City Attorney, John Wythe, said that it appears that this gentleman, Mr. McElroy, is asking the council to carefully consider the eligibility of the alderman elected before seating . Chief of Police, Harold Martin, states that the States Attorney has requested a copy of this report from his office. Alderwoman Burd says she doesn't believe it's up to the Alderman or Mayor to determine who seated on the City council and she believes it's up to the courts Judge to decide. Alderman Besco requests a letter from the States Attorney. Mr. Munns brings up a fact that it is more than just a memo but that it is a police report and the officer would be called to testify to what was said . Ms. Spears would like a States Attorney or Judge to determine and Mr. McElroy should bring it to the States Attorney so we know what our liabilities are. Council hopes they can get help from the States Attorney. Ms. Spears asks for any additional business. Alderman Golinski brings up the Governing Ordinance and the fact that the whole rotation of 8 committee's didn't' make sense to him . Mr. Golinski believes if we look at the committees we should look at switching off committees around what Committee of the Whole months. Mr. Golinski states it seems like Economic Development and Administration are two big ones and what if we switch one of those with Public Safety? Mr. Munns believes that should all be discussed . He states that's why he originally asked about the rotation. Alderwoman Spears asks if there is any additional business. No additional business Minutes respectfully submitted by Jamie Cheatham , Minute Taker 9 sir, United City of Yorkville County Seat of Kendall County 800 Game Farm Road EST. 1 I leas Yorkville, Illinois, 60560 .4 ` Telephone: 630-553-4350 O Fax: 630-553-7575 Website: www.yorkville.il.us TO: ELECTED OFFICIALS FROM: RACHEL LARRABEE, ACCOUNTING CLERK DATE: MAY 17, 2007 RE: BILL LIST The attached summary sheet includes the total amount for both payroll summary sheets you received in your May 15th COW packet. The summary sheet also reflects the changes I made to John Wyeth's invoice #885 per the memo you received on May 14th I apologize for any confusion this may have caused, if you have any questions please contact me. _ CC) 2 - 2 d - 6 \ _ = 7 C4 \ E / f 409. CD EE ` 0 U 2 @ 2 E % 2 w ® \ ci ® d \ § g / G 0 2 0 k \ & \ A > >0 e - � 0 E o G 2 \ § z z CD \ \\ \E - 0 LL LU � co) SOS / p \ q U a ¥ a a 0 D Q LU / k \ \ u a o0 & « � � / / 2 § § § § \ § 7 2 7 @ @ \ § \ \ & ^ \ / � k / W z j \ § j 0 00 Cn V M m w 0 m LO o O M O r N M 0 M r O O Ll7 LO N 0 N h U) V CA LO O V O lqT M N C9 00 LO � Ro Q M r P OM r N r r B O O r� EF) EH 6a EA EA Cf) 6a N N M r M 0 N 69 00 N ER H) LO N r 00 r N M N M r� ti n N M O CO r Vt N O 1� N O O O O }} m LC) (fl 00 co I� co M 00 6 O O O J 1_ O N r� cf CO r w V Ln N N N N Q r EA P� V CO O r qqt O P� M U N L CN �7 r r V U N N uy » 60- » 64) N O m w ory N in Cn M O 0A OA LA O W M O r� O CO r w w O J " ° 60 1r � COO o v � J N Cf) 6o 6f3 N r r W, OD 1` 00 �» C» O O Y O O D W Lf W M Cb LL L O m LO W M Cfl l ` CO M O N Z /" L ) I� O M A OO W LL 01) co co � v m L6 C6 C6 C6 00 00 r� L LL E= O � _ 0 N N » J J fn to y J ap J J W W J N 0 0 U U_ 0 O LO O CO O [t N CA O CO 0 0 m 1 W O LO O 00 O Lo CA M O N a Q > > III �- O r� O M O r,� N M O Ln d p„ z z p J J J J J � °- w 64 � aaaaa Z O 00000 OD O V m 1Z h N CA M LC-) O Co W r 0.D O 0 r� J rn M r i V4 W V W ' � ci I� O OO C() V' Ln CC) M W r 0 Cf3 N r r r OD W J FQ- Z ~ O W CO Q z d Z O O r J w O Li N LL W W W 0 N W D U Z p Z W Q y w 0. _ J U (L d z K STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2007- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Castle Bank Trust 2508) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11 - 15. 1 . 1 , as amended, for the execution of said Annexation Agreement has been fully complied with; and WHEREAS, the property is presently contiguous to the City Page 1 of 2 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. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of A.D. 2007. ATTEST: CITY CLERK Page 2 of 2 YiLBYLLBA'll` 66 A 99 THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER ORTHE NORTHWEST QUARTER OF SAID SECTION 16 FOR THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, A DISTANCE OF 506.60 FEET; THENCE SOUTH 88DEGREES 42 MINUTES 44 SECONDS WEST PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, A DISTANCE OF 1176.11 FEET TO THE EAST LINE OF STATE ROUTE 47; THENCE SOUTH EASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 9387.49 FEET, A DISTANCE OF 512.00 FEET TO A POINT ON SAID SOUTH LINE; THENCE NORTH 88 DEGREES 42 MINUTES 44 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 1089.96 FEET TO THE POINT OF BEGINNING,ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. -11- �3GHBXT "B" PARCEL ONE: THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MEWDIAN, DESCRIBED AS FOLLOWS: COMIEMCING AT THE SOUTHEAST CORNERQF TIM NORTHWEST QUARTER OF SAID NORTHWEST QUARTER; THENCE WEST ALONG THE SOUTH LINE OF SAID QUARTER QUARTER 405 urtEET I;OR THE POINT OF SEGINFIING; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID QUARTER QUARTER 322.00 FEET; THENCE USST:PARALLEL WITH THE SOUTH LIKE OF SAID QUARTER QUARTER 810.16 FEET TO THE CENTER LINE OF STATE ROUTE 47; THENCE SOUTHERLY ALONG SAID CENTER LINE 326,80 FEET TO THE SOU LINE OF SAID QUARTER QUARTER; THENCE EAST ALONG SAID SOUTH LINE 7x6,66 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART CONVEYED IN DD TO THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION RECORDED JANUARY S. 1991 AS DOCUMENT 9'10714Q) IN M TOWNSHP OFDRISTOL, KENDALLCOUNTY, ILLINOIS. PARCEL 7 Q. . THAT PART OF THE NORTHWEST QUARTER OF THE NORTUNVEST-QUARTER OF SECTION 16, TOWN9HIP37 I.MTTT, RICN{T,*E 7 EAST OF JIM THIRD PR3NCIPAI.€ M- DIAN DESCMED AS FOLLOWS: COMMENCING AT THE SOUTIILEAAST C0151RsYLOx TY3E 430ItT1 #HST QUAmm OF THE NORTHWEST QUARTER OF SAID SECTION 16; THERICE NOILTF3 DD I3EGR'EES 071vIINF11'ES,00 SE(XINk7S EAST ALf9 aT );W, 4 Om OF THE NORTME$T QUARTER OF TIM N.OkTNWEST QUARTER OF £Ala SECTi X 16, 322.00 FEET FOR THE POW OF DER )r, �CH CONTINUING F10RTI340 DEG1R1 •E5 07 MfAR)T`ES CEO SECONDS EAST A20NG SA 13•QUARTER QY3AATER I.:IYIE 3 4 '00 :�3`FI,FNf sAUTLi48 DEGREES 42 MINUTES 44 SE-CONDS V=T PARALLEL M4T14 TBE MUTH LINE OF THENORtHWE.ST QUAR'PER OF T11;'E N6)XT,% S TIT QUARTER OF SAID SECTION 163 II93.63 FEET TO TEM •'EAST LINE OF ILLINOIS •,)ka E 47; TK2NCE SOUTH#- Y ALONG SAM EAST L , t.W. G�ALONG A CURVE TO THE LEFT HAVING A R Wg—OF 9309.34 FEET, A DISTANCE OF 144.90 FEET TO A LINE DRAWN OUTS[ 99 DF6r.1 k 4Z2Ia O UPES 44 'SECONDS WEST FROM THE POINT OF INI11NO AND PARALLEL TH TT,LT'E �MUTH LLNE OF Tim NORMMT QUAR�k`dAGE TM 14MTHWOT QUARTER OF SAi•D &ECTION 16; T° ZXCF,N&RTH U MGREES 42 A+Rt4PFES 4h• 62CONDS 'MT ALONG SA} ,VM' E 11;6%.73 F$'FYi ' T, D T� POINT OF REGINNWG, (EKC.EPT THAT PART CeM!rrYE-D IN DD TO TM STATE OF II"OIS, DEPARTMENT OF TRAftORTATM MCOMED JANUARY 8, 1991 AS DOCUMENT 910141 IN TfM TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. TTLfIT PART 6fi TTIE NORTH'#'ESTQUA+RTE$pF T31'E N6R`ITI'SDJEST QUA$TERpF SECTION 16, T4WNSH3P 37 NbiTk LRANl3k71kA6T6FTl TESMD,; F1tIb1CIHe'zI: T:f);T{9I3TAN, DES(EtF#},ED AS PCJI•L01NS•D �AT T:IE SpUT&TEAST C€3$14EROF Wk T- fit k�UY 3T3$:71 310E NORTH ATa3NGTIiE EA+ET LD=7$ afi SA Q �':,Q3UJSR'£ OF T&M NORTI4R✓L'ST OF SAII9{pUARPER QUARTER 4%3.24 L EET TkIENOE SOII#TS PAILAIIIEL W# TflE EAST LINE OF SA514 ARTT*'p ,2"'=' v p Tm SpU9R3 II E E . OF SAIDQUARPEItQUARTER; Tl'FL'+,RCEEAST ALONGSAIBSOUTHLWEOFQUARTERQUARTER, 405:&t3'+EETTO.TI22.Gb gTOOTNESQuTNNTTY '€f3SVNSliU'PtAF BR3ST'OL, K3iNIAALL COEJJ4TY, II-Lf£LOIS. Ems? For'NL.iRESSANYI �}C��AT•CRwAT&tOEYF#RANY'�COliDE➢ S3?IT �219681�130 NT#160548 �Y3L£C F. AM JOANNE V,�1�•0D Mg WTM Tpa%SALD XM& I bwont OF� FOUR . T . ' A•fiTTcR OF X ^'�T UAR $iPP• 'CTTOT4 F6 To-vmw 37NON'!'L4 I �"'f"ITI='aCR4$ i81S #J.k. 'Y1 +S : £1+T6AaA . R O.-PRE PONT®NT SUUTv3 N T WEST OF :I'f,�8 R3 �T fiET�IE AT.Fi€ ., $3TTrTiTCE CD G7.EE,•38TA7.fi,tNG3ATAIP.LAES{...ti r7xrTIME JE 30':80 IT,OF + ' 1QtAULf.LE &II* 'f$,P9i2T.flIDWITHnmEASTLIE P�^ETI+Q$TF{iI PASdV'T TILL?;sOU'J'EI JI33Et3F '6:1D W- 173'A.36PEET TO 3Y{E OSY1 Rt E OF STATE ROUTE 47; TfTDNOE S6IUFI ,td.Y ALDI4G SAID CiiN'F.€Ri:IIt�&T( AI.f3fE i7RAT$A Y.LOF T.H3; SOUTH IRNEIOF$e}FA•Q fJAR'3TsR•QUA$TER MOM Tim F'4INfT OFF SEGINNt1LO; THENCE EAST A7ANG5A,ID PARALLEL WN L73`3 OF BEGINNING, 3L4 TI-fi&T :TSr,+SFSE9�IP 63F$1FLSd'OL, YXNDALL COLii4 TX, u.LFNOFS. -12- lit 1 � . STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO, 2007- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (Castle Dank Trust #2508) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory or more than 51 % of the electors residing within the territory have joined in the petition; and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS, the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7- 1 -8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1 : That territory described in the Legal Description which is attached as Exhibit `A' and Exhibit `B' hereto and made a part of this Ordinance is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3 : This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of A.D. 2007, ATTEST: CITY CLERK E�'HYBY7' 'cA: THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF.THE NORTHWEST QUARTER OF SAID SECTION 16 FOR THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, A DISTANCE OF 506.60 FEET; THENCE SOUTH 88DEGREES 42 MINUTES 44 SECONDS WEST PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, A DISTANCE OF 1176.11 FEET TO THE EAST LINE OF STATE ROUTE 47; THENCE SOUTH EASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 9387.49 FEET, A DISTANCE OF 512.00 FEET TO A POINT ON SAID SOUTH LINE; THENCE NORTH 88 DEGREES 42 MINUTES 44 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 1089.96 FEET TO THE POINT OF BEGINNING, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. -11- PARCEL WE: THAT PART OF THE NORTHWEST QUARTER OF THE NOR T'IIWEST QUARTER OF SECTION 16, TOWNSHIP 27 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER.QF THE NORTHWEST QUARTER OF SAID NORTHWEST QUARTER; THENCE WEST ALO)4G THE SOUTH LINE OF SAID QUARTER QUARTER 403.54 FEET FOR THE POINT OF BEGINNING; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID QUARTER QUARTER 322.00 FEET; THENCE MTPARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER 9 10.16 FEET TO THE CENTER.LINE OF STATE ROUTE 47; THENCE SOUTIMRLY ALONG SAID CENTER LM. 326.80 FEET T4 TIM SOUTH LINE OF SAID QUARTER QUARTER; THENCE EAST ALONG SAID SOUTH LINE 7x6,66 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART CONVEYED IN DD TO THE STATE OF ILLINOIS) DEPARTMENT OF TRANSPORTATIOWRECORDED JANUARY 8, 1991 AS DOCUMENT-9I0144), IN THE TOWNSHIP OFBMSTOL, KENDALLCOUNTY, ILLINOIS. PARCEL J7'P(9: . THAT PART OF TIIE N$J,ILTHWd'EST QUARTER OP THE NORTIi41.ESTQUARTERQF SECTION 16, TOWNSFIIF333Ik3RTH, RANEE 7 EAST OF TIi£ TEFIRD PRINCIPAL. i2ERIi1Lti3 3;ESERfB1>D AS FOLLOWS: COTaI9vZ'ENt�CIRIG AT THE S©U'F.BIE#ST Cf1L4Tlfi'R0 TM WATL4 'ST Q1Jli T,% OF THE NORTIWEST Cr;UAAT'EA III SAID Sf1CTI4N LG; TH.ENCE NOATIIDDECR'BIiS D74iIINUTES,fl0 SEOONIJS AST ALATDG't'•I P:, ST,T44OF THE NORTHWE$T QUAZ4TIA £lF TL9'E NOkTH#BEST QUARTT 'R QF SLc1H SEC'II:ON I6, 323.00 FEET FOR THE Pf11I4I' QF BED PIStiIi, TIDE CONTINUR FG 1:�ORTI=I QD DEG1tEES be7 NAKTI'ES DD SBC013SdS Ek£T tS.1;ONG ST.t'IID•QUAFTFiR QUARTER LEE 3'84 'fiO I i; 1T4E3jT S.QUT4I88 DE(?REES 42 MINUTES 44 SECON130S WEST PAILAL.L3;L VTITH TZ:lE b"OUTII LINE OF THENORTHWJEST QUARTER OF THE NbORWW QUARTER OF SAH) SECTION 16, 1-193.63 FEET TO TW EAST L-WE OF ILLINOIS & $47; THdI NCE SOUTHERLY ALON45 SAMEA017 LR,4 JUDMGAWNG A CURVE TO THE LEFT HAV9NG A R"IU&OF 9309.34 FEES', A DISTANCE OF 3.81.90 FEET TO A LINE DRAWN 0UTH 88 DR + h2 YvY#AfUT`ES 44 SECONDS WEST FROM THE POINT eF MINNING AND PARALLEL VATH THE ROUTH LINE OF THE NOR4.'-:I2 MT QUAt'R' WOF THEWQRTHWkST QUARTER OF SAID SECTION 16; TRUNGE NORTH 88 DEGREES 42 MM Mr 44 SWONDS 'EAST ALONG SAID bM 11166.73 FEET TO THE POINT OF RE40MON09 MCCEPT THAT PART CONVEYED IN DD TO THE STATE OF BJI1i CIS, DEPARTMENT OF TRAWMT&xiT iTOI4 RECOMED JANUARY 81 1991 AS DOCUMENT 91014), IN THE TOWNSHIP OF BRISTOL, KE10ALL COMITY, ILLINOIS, T'FI.4T PART 6F THE NORTHWEST QUkRT£R OF T13E N6ATIl +EST QUARTEROF SBCtipN 16, Tf3WNSP!'3P 37136RTH, RANGt-7 ASTOT THE THIRD. P38A4CIPA3. Rfkl{7IIIAlfft, DESOR##3,BD AS FOLLOWS BE�IY4N31It�i AT THE S(9UT&EAST CORIt1zaROF$AID 2Q4RTf1�ESS',QUSaRT9T32OF 4TIE 14.OR'1?IWEST QUYi£I.3 R, TZTEI.ICE NORTH kLL11�IGTT EAST LINE OF SAID.L3UAIYTER QU!€R'IY;R 32200 PBBT T€I➢NCEWESTPAmu-mvmH TIDE SoUTTILm - C3F SAID QUARTER QUk•RTER, 4D3$4 F;w:ET' THENCE SOUTF£PAI4kL1,EL WYPH TH7; EAST I.INB OF S•IaYHIJAATER, 322.U0 FEL3"TO THE gpU3gII g . OF SA343 QUARTERQUART'ER; TdIENCE EAST ALONP� SAH4 SOUTH LINE OF QUARTERQUARTER, 4Qi:8,•iIiBE'1.2'O.T19$gf#Flgq•OFBBQIIINFINGDV T '3'fSW14Sbi$�flF33R1�TOL, I4EI'IDAId. 00U24Y'Y 3LL314(3IS. FOR 3NJOAN AI4�➢ 4,{,£ E$+ CRI?.ATED 13Y FaRANTREOOMBD SEPTEE3EER2, 3'968 AS€.19DUI<'.IENT 9160548 hfiA:T�P, �Ym �� A11D JOANNE K. i. 43 34IS F,{t T££'I' �tP{,➢ KIL•",N"Yolt ' bWW,T.or .L FOUR(3' '1 �[iT . R . kam. OF 14 1bT'i , U. TWVP#,CTEON I6 TO:WFFZRI- 37 NOR ' �3 s^I1A5'I' OF FH1? gPARTO i9.'S9! ."k,#W$ � " ,%5 A.TAP0224?'QNTM. S"q.UYIi ,{.4;iE{•iF SA4U- 1#ASLTOF � Y�'IapAl 1LR4CE �GTT L�tf3II TdQk°T4i I'AICAI,S.FY.R�✓1TH THE EkST 11E CrFSAiI? rYi1:f`EBLQUAILIT,R9R. 84'651&4 PTIVEST OF ICWM..j 9lsTfsefi-A€I3PA LLEL L13�E 3fl:86FE9 'f ?T�1'L2;If 3'pAUArr t>r 1`A'F'T RT RpII4T 'It.16 FEET €F-0 Tl$Ir OFIIs7T+E•R4.B8Tx 1 'ff STATE ROUTE 47; THENCE S �R'LY AL@ -E'A AL CI:T�I TTH T2t�3"s TA FF43.tI�+E 32RA'!rSA LINT °. W- H THE SOUTH L{NE QFS'A>i¢-QUA34'3T R,QUARTER FRo M THE POINT OF dB(*B M6. Tli�&NCE EAST ALONGSA,ID PARAIbE1, E)F B'EGJI414JI4fi, 394 THE Ep•8f2' f,3F BRISTOL, KENDALL couNTX, ILLINOIS. —12— STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO, 2007- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Castle Bank Trust 2508) WHEREAS, Castle Bank Trust 2508 (the Owner) is the legal owner of record of property described on Exhibit "A" and Exhibit `B" attached hereto and incorporated herein (the Property), and WHEREAS the Owner of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, Owner have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as B-3 — Service Business District and R-4 — Residential District. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1 . The City Council approves the recommendation of the Plan Commission and hereby rezones the property as B-3 Service Business District and R-4 Residential as described in attached Exhibit "C". 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 3 : This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. ROBYN SUTCLIFF JOSEPH BESCO GARY GOLINSKI ARDEN JOSEPH PLOCHER WALTER WERDERICH MARTY MUNNS ROSE ANN SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2007. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this Day of A.D. 2007. ATTEST: CITY CLERK EXMHBIT llx THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF.THE NORTHWEST QUARTER OF SAID SECTION 16 FOR THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS EAST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, A DISTANCE OF 506.60 FEET; THENCE SOUTH 88DEGREES 42 MINUTES 44 SECONDS WEST PARALLEL WITH THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 16, A DISTANCE OF 1176.11 FEET TO THE EAST LINE OF STATE ROUTE 47; THENCE SOUTH EASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 9387.49 FEET, A DISTANCE OF 512.00 FEET TO A POINT ON SAID SOUTH LINE; THENCE NORTH 88 DEGREES 42 MINUTES 44 SECONDS EAST ALONG SAID SOUTH LINE, A DISTANCE OF 1089.96 FEET TO THE POINT OF BEGINNING,ALL IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. -il- EXMIT «B„ PARCEL ONE: THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTMA OF SECTION 16, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER.QF THE NORTHWEST QUARTER OF SAID NORTHWEST QUARTER; THENCE WEST ALONG THE SOUTH LINE OF SAID QUARTER QUARTER 403.84 rWr F'OR THE POINT OF BEGNNING; THENCE NORn4 PARALLEL WITH THE EAST LINE OF SAID QUARTER QUARTER 322.00 FEET; THENCE CT�T PARALLEL WITH THE SOUTH LINE OF SAID QUARTER QUARTER 8:10.16 FEET TO THE CENTER LINE OF STATE ROUTE 47; THENCE SOUTHERLY ALONG SAID CENTER LINE 326.80 FEET TO THE 83U7UI LINE OF SAID QUARTER QUARTER; THENCE EAST ALONG SAID SOUTH LINE Tab.&6 FEET TO THE POINT OF BEGINNING, (EXCEPT THAT PART CONVEYED IN DD TO THE STATE OF ILLINOIS, DEPARTMENT OF TRANSPORTATION RECORDED JANUARY 8, 1991 AS DOCUMENT 9;0744)2 D4 THE TOWNSHIP OF BRISTOL, KfENDALLCOUNTY, ILLINOIS. PARCEL 71+0: THAT PART OF THE 14011 1TW'EST QUARTER OF THE NORTFFWESTQUARTER OF SECTION 16, TOWNSHIR"NJ(3 TF1 RARQE 7 EAST OF TIM T1ili2D PA13 ClPAL ivPEI11pL4N DES CRIB ED AS FOLLOWS: COMM'SN�tCIN,G AT 9`FIE SOU3T4EA'STCORT4I .LOfi TT3E N OR TI , Q1JAR.'� �"T;R OF THE NORTHWEST QUARTER OF SAID SPCT'WN 16; THEN CE NORTH DD s,.Wn-0. 07 NMMAHS,00 SECONDS W, T ALE fs F.yST{dl mm-OF TIM NORTME$T QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 16, 322.00 FEET FOR THE Plow OF E£� INI1+O T',E3pm CONTINUING Y*kTH 00 DEGREES 07 MINUTES 610 SECONDS FAST ALONG SAID,QUARTER QUARTER LilaTE 1.34.50 • 3=fFEN S:O.umn DEGREES 42 MINUTES 44 SBOORD9 WEST PARALLEL WITH TAE SMITH LINE OF THENORTf1WEST QUARTER OF TTY N A—W-M9T QUARTER OF SAID SECTION 16, I193.63 FEET TO TMA EAST LINE OF ILLINOIS 'P-QE #E 47 WM TCE SOUn ERLY ALONG SAI#3E'A•ST LR $'w, 64 i};43NG A CURVE TO THE LEFT HAVING A RA@IU90F 9S&9.34 FEET, A DISTANCE OF 133.90 FEET TO A LINE DRAWN 0ITT3 U DI<FOAS 42 NaN1uiES 44 SECONDS WEST R40M THE PRINT eF I INl WZ AND PARALLEL VaTT4 THE MLrfH LINE OF THE N60M ST QUA` ea ft'OF TM, 1mT H-wEsT QUARTER OF SAND SECTION 1.6; 'PlIENCE N&P.M. 13813EGR'EES 42 A+9 aAffl9 0- SECONDS EAST ALONG SAID MIE 1166.131 -Ff TO TM POINT OF BEGINNING, (EXCEPT THAT PARTT COMB'SRD IN DD TO TI-#E STATE OF RdIxMS, DEPARTMENT OF TRANSPOR"TA'P M RECORDED IANUARY 8, . 1991 AS DOCUMENT 9014), IN IM T6WNSNIIP OF BMSTOL, KENDA•LL COUNTY* ILLINOIS. 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