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Plan Commission Packet 2007 07-11-07 United City of Yorkville J ! '" 800 Game Farm Road say Yorkville, Illinois 60560 ~- Telephone: 630-553-4350 Fax: 630-553-7575 � �a� o NoMMCovty``�� �ILL E 1�r PLAN COMMISSION AGENDA Wednesday, July 11, 2007 City Council Chambers 800 Game Farm Road Meeting Called to Order: 7:00 p.m. Roll Call: Previous Meeting Minutes: June 13, 2007 --------------------------------------------------------------------------------------------------------------------- Public Hearings: Requested by Petitioners 1. PC 2007-26, Sexton Development, LLC.,petitioner,has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation to the United City of Yorkville, zoning to Planned Unit Development, and Concept PUD plan.. The real property consists of approximately 272.186 acres, located on the north side of Illinois Route 34, east of Eldamain Road and west of Cannonball Trail, Yorkville, Illinois. - Action Items i. Annexation ii. Concept PUD iii. Zoning 2. PC 2007-19, Charles & Jacquelyn Briguglio, petitioners, have filed an application with the United City of Yorkville, Kendall County, Illinois, requesting annexation to the United City of Yorkville and zoning to the United City of Yorkville R-1 One Family Residence District. The real property consists of approximately 1.1 acres, located at 10940 River Road, Kendall County Illinois. - Action Items i. Annexation ii. Zoning 3. PC 2007-22, B & P Properties, Inc., an Illinois Corporation,petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning from the United City of Yorkville M-1 Limited Manufacturing District to R-3 General Residence District. The real property consists of approximately 14.325 acres, located south of Corneils Road and west of Caledonia Drive and the Caledonia subdivision, Yorkville, Illinois. - Action Items i. Rezoning 4. PC 2007-24, Don Kalant, petitioner, has filed an application with the United City of Yorkville, Kendall County, Illinois, requesting rezoning from United City of Yorkville R-2 One-Family Residence District to United City of Yorkville B-2 General Business District. The real property consists of approximately 0.3 acres, located at 101 West Center Street, Yorkville, Illinois, 60560. - Action Items i. Rezoning New Business: 1. PC- 2007-15 Grande Reserve Unit 28 - Action Items i. Preliminary Plan =\��o c/p o United City of Yorkville Memo J e T 800 Game Farm Road EST. I , till 1836 Yorkville, Illinois 60560 < Telephone: 630-553-8545 11 w Fax: 630-553-3436 Date: July 3, 2007 To: Plan Commission From: Travis Miller, Community Development Director CC : Annette Williams, Administrative Assistant (for distribution) Subject: Comprehensive Plan Advisory Committee As you are aware, public participation and input throughout the Comprehensive Plan update process is vital to the success and overall usefulness of the final document. In preparation of the Comprehensive Plan update, staff recommends the formulation of an Advisory Committee to provide input to the Plan Commission and assist with the preparation of the content of the updated plan. In an effort to formulate a group of individuals with diverse interests and unique perspectives of our community, staff recommends establishing a framework for the Advisory Committee. The ultimate goal is to form a committee of 25-30 individuals that represent the Yorkville community. As you will see on the attached diagram, the colored ovals illustrate constituency groups identified to be significant in this process. Once the Advisory Committee framework is established we will need to begin soliciting individuals to participate in the process. A timeline for meetings and a description of the Advisory Committee and its role in the process will need to be prepared. Please review this information and plan to provide your input on the framework and the update process at the July I Ith meeting. Thanks, Travis e � \ W / $ - u ® 4 ~ § § § § - k ^ ■ ) � ( @ � Q \ j z ) ) ( ) \ � Page I of 4 UNITED CITY OF YORKVILLE PLAN COMMISSION YORKVILLE CITY COUNCIL CBAMBERS Wednesday, June 1.3, 2007 7:00pm Chairman Anne Lucietto called the meeting to order at 7 :02pm. ROLL CALL: Members present: Tom Lindblom, Sandra Adams, Charles Kraupner, Clarence Holdiman, Jack Jones, Michael Crouch (arrived 7:27prr). Member absent: Brian Schillinger. A quorum was established. CITY STAFF AND VISITORS: Mayor Valerie Burd, Community Development Director Travis Miller, City Planner Charlie Wunder, Interim City Manager Bart Olson, Alderman Joe Plocher, Alderwoman Rose Spears, Alderwoman Robyn Sutcliff, Economic Development Director Lynn Dubajic. See also guest list attached. Prior to proceeding with the regular agenda, Chairman Lucietto asked Mayor Burd to present Torn Lindblom a plaque in recognition of 12 years of service as Plan Commission Chairman. MINUTES: The minutes from the .January 10, 2007 meeting were approved on a motion by Adams and second by Holdiman. Motion passed unanimously on a roll call vote. PUBLIC BEARINGS: - Requested by Petitioner 1, PC 2007-19 A motion was made by Lindblom and seconded by Adams to open Public Hearing 2007- 19. The motion was approved unanimously on a voice vote. Charles and .Jacquelyn Brigugho filed an application requesting annexation to the City and a change in zoning to R- 1 . The property consists of 1 . 1 acres and is located at 10940 River Road, Attorney Dan Kramer was present on the petitioner's behalf and said the Public Hearing was conducted at the Plan Council. He said he wished to continue the Public Hearing on this night to hear final staff comments. The petition has been scheduled for the .June 21 , Plan Council meeting for staff review. A July 11 continuation date to Plan Commission, is requested for the Public Hearing A nearby resident, Glen Levy of 10911 River Road, asked to speak and was sworn in by Chairman Lucietto. He asked what the ramifications of annexation would be for people in the general area. Attorney Kramer explained that the requested annexation would not require Mr. Levy' s property to be annexed and there are no forced annexations. Page 2 of 4 A motion was then made by Lindblom and seconded by Adams to move the petition to the .Tune 21 Plan Council meeting. Approved unanimously on a voice vote. NEW BUSINESS: 1. PC 2007-16 Yorkville Crossing Unit 1 (Wal-Mart) Travis Miller said Yorkville Crossing was annexed in 2000 and consists of a 6-lot subdivision. This item is for final plat and he gave a synopsis of the staff continents. He said the storrnwater will be managed by an infiltration basin and will percolate into the ground. Also, City staff is working with the developer and property owner to revise the current PUD agreement and add easement language. Chairman Lucietto asked for any comments from the commission members. Kraupner asked where the retention basin is located and if there is any concern for the size. Tom Lindblom made a motion to recommend that City Council approve the final plat subject to staff comments and Jack Jones seconded this motion. Roll call was taken: .Jones-yes, Lucietto-yes, Holdiman-yes, Kraupner-yes, Adams-yes, Lindblom-yes. Motion passed unanimously. PRESENTATIONS 1. PC2007-20 Shamrock Farms — Concept Plan Ron Adams of Shamrock Farms introduced Jeff Martin of Teska Associates (land planners). Mr. Martin gave an overview of the proposed development. He said it is located at Walker and Caton Farm Road on the east side of Rt. 47 and consists of 128 acres with 15 acres of retail along Rt. 47. City staff has also recommended a frontage road. Also featured will be row homes backing up to commercial, duplexes around the town square, 10,000 — 12,000 square foot lots for single fancily homes and 3-acre commons.. Bio-swales are also proposed near Aux Sable Creek. Sandy Adams commented that she preferred 12,000 square foot lots. The smaller lots will be nearer to the commercial according to Ron Adams. Jones added that if there is green space behind the smaller lots, the Board would be more likely to consider the smaller lots, but he said the overall concept is good. The location of parks has not been determined at this time because Mr. Adams said he is gathering input from the Park District. When questioned about the possible alley access for garages, Ron Adams said that determination has not yet been made. They are looking at engineering issues and will also base their decision on City staff recommendations, Page 3 of 4 2. PC 2007-21 Hearth-vrrood Farms — Concept Plans Brian Schumaker, Wendler Engineering Services and Jack Zausa were present on behalf of Zausa Homes. Their proposed development is north of Galena Rd and south of Rt, 30, west of Dickson and the Montgomery city limits is just to the east. Concord Drive from Montgomery is an arterial street that they plan to continue through their subdivision. City staff asked that a curve be added to that street. They have met with the Park Board and school district and a 3-acre park is planned. Pedestrian and bike paths will be constructed along Concord and Dickson. There is a total of 74 .5 acres with 180 single-fancily lots ranging in size from 10,500- 12,000 square feet. Forty-eight townhomes are also planned due to the Com Ed lines on the north side, malting it a less desirable single-family area. The total gross density for the entire development is 4A8 . Mr, Schumaker said it is not known if Hearthwood Homes would be in the Yorkville or Montgomery city limits. He asked the two towns to come together for a decision on this matter and he said their preference would be Yorkville. When questioned by Mr. Jones about the strengths/weaknesses for Yorkville or Montgomery, Mr.. Schumaker said that he understood that Montgomery asked for 20-25 acres of commercial. That would not be profitable for the developers. Mr. Jones asked for larger lot sizes and more creativity. Mr, Crouch was concerned about the density. The lot sizes are just under the recommended 12,000 square feet and he asked the developers to move the lot lines to achieve the minimum size. He was also not in favor of the one way in and one way out. Panting for the park was also questioned. This will be determined by the Park Board' s decision as to what kind of park it will be . Developer .Tack Zausa commented that currently there are 6-million platted lots in the U. S. and smaller projects are not currently economical. It is thought that housing will not rebound until 2012, He believes the commercial that Montgomery asked for will sit vacant because of that. Tom Lindblom said that regardless if the development is in Montgomery or Yorkville, Bristol Kendall Fire protection would object to the 1 -way in, 1 -way out. A second possible entrance was discussed. Other comments made by other committee members were: need more green buffers and bigger lot sizes, less density, too plain and curvier roads are needed.. Page 3 of 4 2. PC 2007-21 Hearthwood Farms -- Concept Plans Brian Schumaker, Wendler Engineering Services and Jack Zausa were present on behalf of Zausa Homes. Their proposed development is north of Galena Rd and south of Rt. 30, west of Dickson and the Montgomery city limits is just to the east. Concord Drive from Montgomery is an arterial street that they plan to continue through their subdivision. City staff asked that a curve be added to that street. They have met with the Park Board and school district and a 3-acre park is planned. Pedestrian and bike paths will be constructed along Concord and Dickson.. There is a total of 74, 5 acres with 180 single-family lots ranging in size from 10,500- 12,000 square feet. Forty-eight townhomes are also planned due to the Com Ed lines on the north side, malting it a less desirable single-family area. The total gross density for the entire development is 4.08. Mr. Schumaker said it is not known if Hearthwood Homes would be in the Yorkville or Montgomery city limits. He asked the two towns to come together for a decision on this matter and he said their preference would be Yorkville. When questioned by Mr. Jones about the strengths/weaknesses for Yorkville or Montgomery, Mr. Schumaker said that he understood that Montgomery asked for 20-25 acres of commercial. That would not be profitable for the developers. Mr. Jones asked for larger lot sizes and more creativity. Mr. Crouch was concerned about the density. The lot sizes are just under the recommended 12,000 square feet and he asked the developers to move the lot lines to achieve the minimum size. He was also not in favor of the one way in and one way out., Panting for the park was also questioned. This will be determined by the Park Board' s decision as to what kind of park it will be. Developer .lack Zausa commented that currently there are 6-million platted lots in the U.S. and smaller projects are not currently economical. It is thought that housing will not rebound until 2012, He believes the commercial that Montgomery asked for will sit vacant because of that. Tom Lindblom said that regardless if the development is in Montgomery or Yorkville, Bristol Kendall Fire protection would object to the I -way in, I -way out. A second possible entrance was discussed. Other comments made by other committee members were: need more green buffers and bigger lot sizes, less density, too plain and curvier roads are needed, Page 4 of 4 ADDITIONAL BUSINESS In additional business, Travis Miller said that various portions of the Comprehensive Plan have been updated in the past years and that another update is now needed. The goals and strategies should also be reviewed for relevance. The staff recommendation is to begin dialogue and conduct an in-house update since the city now has a dedicated City Planner. Mr. Miller would like to begin this summer. Mr. Miller said a scope of update and goals have been drafted. He said he would like to involve the public for their input, as early as this fall. He would like the final version to be done at this time next year. Mr. Lindblom said there should be representation from the sanitary district also. Charlie Wunder, City Planner said another reason the update is necessary is because the State of Illinois passed the Local Planning Technical Assistance Act. This details the elements to be included in a comprehensive plan and Yorkville is currently missing a couple of those elements. In the legislation, it states that certain favors can be granted to municipalities that meet the requirements. There is no funding from the State for this project, but an update will make it easier to request grants. Mr. Jones said it would be helpful to see the current Comprehensive Plan and any changes that were made to that plan, in a Power Point presentation. City staff will ask the Plan Commission to help facilitate meetings and Mr. Miller asked for a steering committee to be established by July. This concluded the discussion. In another matter, Ms. Lucietto asked the commission members to complete a computer survey regarding their preference for paper or digital material for meetings. As there was no further additional business, a motion was made by Jones and seconded by Adams to adjourn the meeting. Passed unanimously on a voice vote. Adjourned 8:03pm. Minutes respectfully submitted by Marlys Young, Minute Taker .... ROB ROY FALLS „\\ ......_ , , , Aei- um= 0 n .7-..7. EMIONICT i ACCIIIIMET .- -".*..--== ...... 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I i• DETENTION ..- .."17.% i misimmellimmimmumw 1 I OUTLOT I J z o et r_________ _:_I_L__ ______ gtTINIEI I I 414 RAN A KWAY i_11,I a 1/1 I RISI l I N i iii a a AIIIIIIMIlip 6.,36j: tw a Q .r ------------------------4 I 4=1/ -41 ,., ..,„ ,.. evis CONSULTING ENGINEER: DEVELOPED BY: , R ' ions ''N II r RPREPOLFAREDC.BCr BELL&ASSOCIATES,INC C.M.LAVOIE&ASSOCIATES,INCCONCEPTUAL PLANNED UNIT DEVELOPMENT PLAN SCALE: 1 - 400 r 101 Waukegan Rd.-Suite 1000 1050 West Route 126 SEXTON&ASSOCIATES ROB ROY FALLS-EXHIBIT 1)-INW 4111 Lake Bluff, Illinois 60044 Plainfield,Illinois HILLSIDE, ILLINOIS U.S. ROUTE 34 PHONE:(815)254-0505 FAX:(815)436-5158 YORKVILLE , ILLINOIS .11111111MIIIIIMMII PHONE:(847)735-1000 FAX(847)735-1010 800' J U N E 1 8 , 2 0 0 7 0 200' 40IY EMERGENCY ROB ROY FALLS ACCESS LEGEND 0 i Iry 0 PRIMARY DRIVE \\ ".,,.-Ni. PUBLIC • SECONDARY DRIVE FLOODPLAIN 44 .' 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OUTLOTS (Traffic Signal) ACCESS U S R 0 U T E ■ AIIs VETERAN ' S PARKWAY (Traffic Signal) — —�` PRIMARY ACCESS (Traffic Signal) ACCESS (Traffic Signal) •111 �� PREPARED BY: CONSULTINGENGINEER: DEVELOPED BY: 1" = , Revisions RPOLF C.CAMPBELL&ASSOCIATES,INC. C.M.LAVOIE&ASSOCIATES,INC. CONCEPT PLAN SCALE: 400 101 Waukegan Rd.-Suite 1000 1050 West Route 126 SEXTON&ASSOCIATES R 0 B 0 P FALLS \ ?IA . Lake Bluff, Illinois 60044 Plainfield,Illinois HILL SIDE, ILLINOIS NW CORNER-U.SLR.ROUTE 34 &BEECHER RD. , PHONE:(847)735-1000 FAX:(847)735-1010 PHONE:(815)2540505 FAX(815)436 5158 YORK V I L E , ILLINOIS 0 200' 400' 800' MAY 2 3 2 0 0 7 Rob Roy Falls Development Concept PUD Submittal & Annexation Petition United City of Yorkville May 25th, 2007 A Development by Sexton &Assodates Hillside, Illinois r r Project Planning Consultant Rolf C. Campbell &Associates 101 Waukegan Road Suite 1000 Lake Bluff, Illinois 60044 Phone: 847-735-1000 Project Engineering Consultant C.M. Lavoie & Associates 1050 West Route 126 Plainfield, Illinois Phone: 815-254-0505 f Rob Roy Falls Development r Concept PUD Submittal & Annexation Petition Application Form ;r < ° city United Citv of Yorkville 800 Game Farm Road Yorkville, Illinois 60560 ` t Telephone: 630-553-4350 :* Fax: 630-553-7575 �tE nab' PC # APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, TONING OR SPECIAL USE REQUEST Development Name: , R Ro Fans _ pate of Submission; _ May 25, 2607 Requesting: (Annexation {Zoning Planned unit Development () Special Use: 1 . Name of Petltlonerjs} Sexton Development, LLC Address: 4415 West Haartson Street, Suite 535, Hillside, Illinois 60162 Phone Number: 708-449-1256 Fax Number: 708.449-0177 Email Address: Relationship of Petitioner(s) to subject property. downer Owner p! beveloper [1 Contract Purchaser Z. Name of holder of legal title, if different from #1: LaSalle National Trust 1147096 If legal title is held in a Land Trust, list the names of all holders of any beneficial Interest therein: Eileen G- Sexton., Carole S- Malinski, Kathleen S. Daniels 3. a)- (t), Street address and physical location of subject property: North side of II Inols'Route 34 east of Etdamaln Rood end west of CannonbaRl Trait (li). Zoning of surrounding parcels: _ North: -1nnccupoaledl ._.. „-...... South: 8-3 O R-3 R-2 East: A-1 PUD West: 8-3 b). Legal description of property; attach as Exhibit "A'. c}_ Total Acreage: 272.186 d). Kendall County Parcel Number(s) of property: 0230200006, 0219300006, 021 9440005 0219400666 - -. e). Current Zoning Classification. A=1 Urilnci orated Kendall Gounty _.. . f). Toning Classification Requested- g). is this properly within City limits? Yes X No, requesting annexation F irw t of 5 UniScd City ofY'arlNitte Almaxfiu0rTD2uning,9pwii Uw Applicati” Rovv dJ IP'Zif06 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit "B". 5. List all governmental entities or agencies required to receive notice under Illinois law: Yorkville-Bristol Sanitary District, Illinois Department of Transportation - District 3 _ Illinois Department of Natural Resources, Army Corps of Engineers, Illinois EPA , Kendall County _ Soil and Water Conservation District, United City of Yorkville 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: N/A 7. Does a flood plain exist on the subject property? YES 8. Do Electors reside on the subject property? NO If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Bob Kenny - Schain, Burney, Ross & Citron, Ltd. Address: 222 North LaSalle Street, Suite 1910, Chicago, Illinois, 60601 _ Phone Number: 312-332-0200 Fax Number: 312-332-4514 Email Address: rkenny @schainlaw.com Engineer: Name: Mike Cook - C.M. Lavoie & Associates Address: 1050 West Illinois Route 126, Plainfield, Illinois 60544 Phone Number: 815-254-0505 Fax Number: 815-436-5158 Email Address: mcook @cmlavoie.com Land Planner: Name: Rolf Campbell - Rolf C. Campbell & Associates _ Address: 101 Waukegan Road, Suite 1000, Lake Bluff, Illinois 60044 _ Phone Number: 847-735-1000 Fax Number: 847-735-1010 Email Address: rampbell @rccai.com Page 2 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 1128/06 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit "B". 5. List all governmental entities or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: 7. Does a flood plain exist on the subject property? 8. Do Electors reside on the subject property? If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Address: Phone Number: Fax Number: Email Address: Engineer: Name: Address: Phone Number: Fax Number: Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: Page 2 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 11/28/06 ?0. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route, Step 1, Pees" and/or contact the Deputy Clerk for verification of this amount) c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10' x 13" envelope. d. One CO containing one electronic copy (pdf) of each of the signed application (complete with exhibits) and site plan. In witness whereof the following petitioners) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date. May 25th, 2007 Pet:tion7i(s) Signature: (Ail iI gat property owners signatures must appear on this application. ? / , I ews es Subscribed and sworn to before me this , 25th day of a 00 7 OFFICIAL SEAL FREDERICKA BIRTIKIDIS Notary Seal NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 3.72.2010 THIS APPUCAnON MUST BE NOTARIZED. Psge ? or 5 Unitni City of Yorkvilto Axma twwJTDZming,Rpociai irw Application Re isa#_ I t tW06 ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees' and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow timely review by City. 'Fees: a. Annexation or Annexation and Rezoning - $250 plus $10 per acre for each acre over 5 acres b. Rezoning only - $200 plus $ 10 per acre for each acre over 5 acres c. Special Use - $250 plus $10 per acre for each acre over 5 acres d. Engineering Review Fees - 1 .25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee - $500 f. Engineering Review Deposit - up to 1 acre = $1 ,000; over 1 acre but not over 10 = $2,500 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $10,000 over 100 acres = $20,000 g. Deposit for Outside Consultants - under 2 acres = $1 ,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4th Thursday of the month at 9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director, Director of Parks and Recreation, Fire Department Rep, and Police Chief. Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in residential developments. The Park Board Planning Meeting is the fourth Thursday of each month at 7:00 p.m. at the Riverfront Building, 301 E. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Page 4 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 11/28/06 Step S - only requited for annexation agreements or PUD agreements: City Council public hearing: The City Council meets the fourth Tuesday of the month at 7:04 p.m. in the Council Chambers at City Hail: A Public Hearing will be held at this time for the Annexation Agreement andfor Planned Unit Development Agreement. Notice will be given;by publication by the United City of Yorkville in the Kendal County Record. A certified mailing to surrounding landowners is not required for this public hearing., Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council, Step 6 Economic Development Committee and Committee of the Whole, The Economic Development Committee and Committee of the Whole meets the third Tuesday of the month at 7.00 p.m in the Conference Room at City Halt The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place This session is to discuss and consider recommendations of prior committee meetings Step 7: City Council: The City Council meets the fourth Tuesday of the month at 7:00 pm, in the Council Chambers at City Hail. This is where all City Council voting takes place. Agreement: I understand and accept all requirements, tees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaininga copy for your recor t the ut Clerk, United City of Yorkuille, 800 Game Farm Road, Yorkville, Illinois 60564. Dater May 251h, 2007 p - natu fPetitioner tittixedCyfv rzrYnckni¢Fn ,imievtin.�,Ft,73.7,nncng Sp:.ial L'w :lppliradun Rcursal. 11oZNtt36 Application & Petition Exhibit A — Legal Description of Rob Roy Falls CJFSCR,PTIC7N: THAT PART OF THE SOUTH 1 /2 OF SECTION 19 AND THE NORTH 1 /2 OF SECTION 30, TOWNSHIP 37 NORTH , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 19; THENCE SOUTH 01 " 21 ' 35" EAST (ASSUMED BEARING) ALONG THE QUARTER SECTION LINE 257, 40 FEET; THENCE NORTH 84' 30' 05" WEST 1944. 33 FEET TO A POINT ON THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 19 WHICH IS 1930. 58 FEET SOUTH 87' 53' 31 " WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 87' 53' 31 " WEST ALONG SAID NORTH LINE 204. 60 FEET; THENCE SOUTH 01 ' 35' 18" WEST 2439. 23 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF U. S, HIGHWAY NO, 34; THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, ON A CURVE TO THE RIGHT HAVING A RADIUS OF 38, 247. 20 FEET AND CENTRAL ANGLE OF Ot ' D7 ' 27", AN ARC DISTANCE OF 683, 67 FEET; THENCE NORTH 85' 003 39" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 83.50 FEET; THENCE SOUTH 84' 12' 18" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 164. 04 FEET; THENCE SOUTH 73° 25' 30" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE. 83. 49 FEET; THENCE SOUTH 84' 12' 18" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 65. 58 FEET, THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, ON A CURVE TO THE LEFT HAVING A RADIUS OF 34,327. 48 FEET AND CENTRAL . ANGLE OF 01 ' 17' OO ', AN ARC DISTANCE OF 768, 88 FEET; THENCE SOUTH 85' 29' 18" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE 3090, 81 FEET TO THE EAST LINE OF THE NORTHEAST 1 /4 OF SAID SECTION 30; THENCE NORTH 01 ' 13' 34" WEST ALONG SAID EAST LINE 378. 94 FEET TO THE NORTHEAST CORNER OF SAID SECTION 30; THENCE NORTH 01 ' 13' 34" WEST ALONG THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 194 310.20 FEET; THENCE SOUTH 88' 46' 26" WEST AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 198. 00 FEET; THENCE NORTH 16' 23' 15" WEST 2411 , 75 FEET TO A POINT ON THE NORTH LINE OF SAID SOUTHEAST 1 /4 WHICH 1S 1826. 22 FEET EASTERLY FROM THE POINT OF BEGINNJNG; THENCE SOUTH 87' 53' 31 " WEST ALONG SAID NORTH LINE, 1826.22 FEET TO THE POINT OF BEGINNING IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. Rob Roy Falls Annexation Property Owner List within 500 feet (May 24, 2007) :Name Street address City, ST ZIP Code PIN If ", m Notes. Shove & Christine E Snow _ 1608 Cottonwood Trail "Yorkville IL 60580 : _ _ ". '02 30103-009 Sam J & Becky L Lento ,,,__ ,,_„ 1606 Cottonwood Trail Yorkville, IL 60560 _ 02-30-103-010 .... Guy Lombardo ._; _ .,_„ __. .1604 Cottonwood Trall 'Yorkville IL 60560 ,0230-103-011 9. ID onto l C Waller, Jr 1602 Cottonwood Trail Yorkville, IL 60560 0230-103-012 Richard Smith & Susan Rohl 1603 Cypress Lane !Yorkville IL 60560 102-30-103-013 Richard P D1etschw6oiler Jr 1605 Cypress Lane Yorkville 16 60560 612-30A03-014 _ .. William M & ManlynGalatro .;_ 1607 Cypress Lane Yorkville IL60560 " " 30230103-015 ... - _ .. . _ _ .. .._. _ . .. - Walter J & Theresa Canning _ 1609 Cypress lane Yorkville, IL 60560 0230-103-016 61996 91 9 99191 1 CamckT & Deborah Gillette ,"_ , " "", __. .__... , _ " _ 1611 Cy. re Vs--one _ _"__, Yorkville lL 60560 __,._,_ 0230-103-017_,_____ Jason Maechile _ _ _,,., .,,,,.,_.,. 1612 Cypress Lane 'Yorkville IL 60560 10230-103-016 ,,,_ John D Flynn _r1610Cyyress Lane Yorkville 1180560 0230103-019 _ -..,. ...�. ._..� ._ .. .._ _. _. . __. . __ . _ ._. . m ...�.-__ _..... _ .. Dwight Taylor Jr&Valerie ACampbell 1608 Cypress Lane Yorkville IL60560 10230-103-020 KathiAStraight _ "_. _ , 1606 CypresaLane _ Yorkville IL-6I 0--56VV0 , " _ 0230103-021 . _ Simon Arroyo _ 1804 Cypress Lane }Yorkville IL 60560 10230.103-022 4 _ Erd 2nd National BanBTR8589 __. 37R Cypress Lane Yorkville I 6056 0230.103-023 0 `d 2n 102 30-100-013 C vier Street South Aurora IL 60506 . 'Richard Foltz ! � !11 Merchants DnveWest Oswego IL 60543 _ i0230100-0D9 _ _ .._. _._:.. _ . _- _ .._.__. _ . . ,.__ ILaSalle_National Bank TR 47016 Camle S Malinski $ Arden Court Oak Brook IL 60521 , 02-19-300-006 vCaoper and Company Inc _ _. _ _ ___ , 112 Mam Street West Plano IL 80545"_, ._ 0210-000-003 .. I, 1st Colonial TR CO Trustee of Burbank St BK TR 949-B /o CNC P.O. Box 1746 -Lombard, IL 60148 . 102-19-200-008 WaonesCm Crudse Trusit&Deloress Lrvm Tmst 189 Walsh Drive `a Yorkville IL 60580 0219 200-007 31te Address 11254 Faxon Rd, Plone, III 80545 IV_y g g 4Walsh Drive Yorkvile IL 60580 0219200-005 ...... Thaler Bank Illinois TR 949 B % CNC _ `P 0 Box 1746 Lombard IL 60148 302-19-100-0111 ,Heggs LLC _ ,,,, 2901 Butterfield Road Oak brook IL 60521 '02-19-300-013 :Sde Address 11931 RT 34 Plano IL 60545 CMP PropeNes &Development_ _ _ _ 202 Rugley Road... __ Western Springs IL 00558 02 19 300-014 Sne Address 11925 RT 34 Plano IL 60545 Donald J 6 Richard A Brummel , 12340 Faxon Road llplano, IL 60545 102-19-100-006 m Thomas & Juanita Hatcher - 3420 Eldamain Road Plano IL 80545 10219-100-007 ;Old 2nd National Bank Trust 8560 h Mark & LeAnn Swtskl ------2808 Rock Creek Road " __"•Plane IL"60545 _ ___ , _" !02-19-300-009 1.1 11 """ Sde Address_1947 W RT 34 Yorkville,_IL 60560_ In land Land Appreaahon Fund - _ _. .m x2901 Butterfeld Road Oak Brook IL 60521 _ "_ 021,9260-006 _ _ ',Copper Land C1 omoanx lnc ,112 Main Street West Plano IL 60545 '02-19.400-007 ._ _ :9. ;Copper Lantl Company lnc w_ " . ,m 112 Main Street West iPlano. IL 60545 0219-400-008 :. :,LaSalle National Bank TR 47016 Carole S Meknski ___ _ .B Arden Court"_" _,_ _Oak Brook, IL 60521 mm_ , .30219d00-0OS Cobblestone South Le „ ;372 River Ridge Road ;Elgin, IL 60129 (02-30-100-015 David &Debra E McMaster "..,,., 1603 Cottonwood Trail Yorkville, IL 60560 102-30-102-001 4 1Jobie O & JanlceHulon ,w 405 Cottonwood Trail ,Yor"be IL 60560 0230102-002_. _T jPaulaJ Whet _ _._ . , _1607 Cottonwood Trail Yorkville iLfi0560 0230.102-003 " :Jose & Nlva Hernandez 1609 Cottonwood 11-1 Trail _ Yorkville 1L6056g :_ .;v __ 0230702-004 'Thomas W Joslin ,. __ __m_., - 1611 Cottonwood Trail _ _ €Yorkville IL 60560"_,_"__"_ 102-30-102-005_ ,. _ . , __ .... .. .,._ iDavld & bnlily pa--- ` 1.1613 Cottonwood Trail Yorkville IL 60560 '02 30-102-06 (Jesus &Anita Diaz _ _, 1615 Cottonwood Trail Yorkville IL 60560 02-30-102-007 _ 'Kane Living Trust w - " _ w _- 1617 Cottonwood Tretl Yorkville IL 80560 M2-30-102-008 - Fox Hill PUDAssociationInc 1126 Wexford Drive Mokena IL60448 10230102-009 1 „ . ,, ;Thomas M Cheryl A &Anna M Grzywacz _ " .1619 Cottonwood Trail Yorkville IL 60560 02 30102-010 r Clayton J & Jamie M Diez _ 1701 Cottonwood Trail ,Yorkville IL 60560 _ €02-30-102-011 ;66 yGregory Teresa Elting __ ___.,_ _____ �_,,, ,_- 9703 Cottonwood Trail Yorkpille_IL 60580 0230,102-072 _�m _—. w_ , Keith A & Theresa L Frisk __ 1705 Cottonwood Trail Yorkville IL 60560 102-30-102-013 -. Chdstc her & RebeccaAMar .,_ _" 1706 Cottonwood II- Yorkville, IL 60560 - 102-30102-014 ` —. ._R..� ...._. _..�._ - .. p y villa IL60560 0230102-015 ;._ . .. ,. ILadmir & Socomc Perez _F . i,; ;1704 Cottonwood Trail . Yorkvilie_IL 60560 .: 02-30102-016 F_ - ,David W & Arnie M Schultz 1702 Cottonwood Trail Yorkville, IL 60560 102-30-102-0 'David W& Brand! Delaney__._- _ ,__-«_" "_ ___ 1625 Cottonwood Trail _ Yorkville iL60560 _; !0230102-018 ,__ . . ..._ 'Do uglas &Amy J.Rowe 11627 Cottonwood Trail ,Yorkville IL 60560 °02-30.102-019 1 Rob Roy Falls Annexation Property Owner List within 500 feet (May 24, 2007) . .... ......�.-.,... _ .. . ........ .._ ., .._._... _ . _... _ . ._.._ ___ ....._ _.._. ..- •Name Streetack ress - City, ST ZIP Code ., . PIN # - Notes ...... ._.. . _ _. . ;0230-105-001 _._ ... .. . . . . Old 2nd National Bank TR 5803 Stonendge Yorkville Property ,700 DuVell Drive „__- ,_- Woodstock, IL 60098, ., _ - Thomas & Stephdnle Wagner _: - :..,.,,._ 1547 Cottonwood frail - Yorkville IL 60660 - _ 02-30-105-002 1. ,Tawney L Becker ., . .,,,, ,... 1545 Cottonwood Trail Yorkville, IL 60560 .02-30-105-003 'Kinston Mimck __,_ , :_ , - 1541 Cottonwood Trail •Yodkville, IL 60560 , -02-30-105-004 11,Joyce Barrett IJ Berger 1539 Cottonwood frail Yorkville IL 60560 0230105-006 11-11 M' Garrett W & Caro 1531 Cottonwood Troll Yorkville lL60560 0230105-006 -, - .- "" _ , - - Ile IL 60560 .- . . r02 30 105-007__ . _. '. ,do - _ . _ . -.-. _ Gelatbaoc Trust Co, TR#7603 m 1523 Cottonwood Trail Yorkvl le IL 60560 0230-105-068 Potts enett C Marques - - . - 1629 Cottonwood Trail Yorkvl ` Ile IL 60560 ____ 02-30-105-009 . ... .. . ......._... _.._ _ ...- , -- . ...... . . _... _ , ._.---- _. .Gail SHaven . 1521 Cottonwood Tratl Yorkv,lop IL 60560 -_ 0230-105-010 Diane S Hanson �� -� _ 1516 Cottonwood , o Court _ , Yorkville IL 60560 102-304015-01R..5-011 , T 515 Stonendge Co t Shannon anno 5 Bozos 1519 Stonendge Court Yorkville IL 60560 "02-30-105-014 5-013 urt Yorkville IL 60560 02301 Shannon L Bailey, 15'7 Stonend a Co-, Y ..., _ _ ._ .. , ._.. .... . .... Yorkville IL 60560 - -..-, -, - ,0230-105-015 Adam Glmsidi -, _ _ , _ - 1523 Stonendge Court Yorkville, IL 60560 j02-30-105-016_ ,- ,- __ David & Jaclyn S Was - _ _ _ _ _ , -- - ,-- 1525 Stoner dge Court ,Yorkv111e, IL 60560_ -- - 0230105-017 Tammy .. Ries _ , , - - 15_27 Stonendge Corot . , - Yorkville IL 60560 : , ; .02.30-105-018 Debra K Stahl g ,-_ 105-019 1528 Stonend eCourt Yorlrnlle IL 60560 '02-30 _ _ ._,._ _...._ Janice R Marcus 1531 Stonendge Court Yorkville IL60560 ,,, Keith FMows - 1533 Stonendge Court Yorkville IL 60560 102-30-105-021 _ . Geraldine LZOde _ � - , - 1535 Stonendge Court i Richard J Kohler SIe nod 1 vld,W &April J : gf - 537 Stonendge Coun Yorkville IL 80580 _, 02 30106.023 _, ` � : : _ 544 Stone Court Yorkville IL 60560 0230-105-024 William J Edwards_ _ . 1542 3mnendge Coud Yorkville IL 60560 -_ 62-30-105-025 ,Michael P Waters _ - _ ,,:,,. ,,._ 1540 Stonendge Ccurt Yorkville IL 60560 02 30105-026 ., .,... ,Joshua S & Jenmfer Cadlno _ _ w_ , ,1536 Stonendge Court __ Yorkville IL 60560 - - _- - X02 30105-027 _ _-„ _- _ ____, ,. Ryan Schweitrer ,: -_ _„- _`1538 Stonendge Court IL 60560 30105-028 - , ESwd R Makard 152 Stonend e;Court York ille IL 60580 02 30105-02A g _ D 0 wile 1..60560 0.. 30105-030 Ignacio M Martinez & Marcie J Setlfes _ 1528 Stonendge Court - _ Yorkville IL 60560_ -_ 05431 _ _ I nk Jur one __ - , . 15305mnerld eCo_urt Yorlmlle IL60560 0230 105-032 Renge R Alonzo &Jsnl Koukoi _ 1526 Stonendge Court Yorkville, l- 60560 02-30-105-033 ... ;John Baker , ; - ;: - _- '1524 Stonendge Court- Yorkvi _ _ ood t _ ebomh P Lovin 52D Stonend a Court Yorkville IL 60560 ;02-30-1,0,6-035 ` Kristen H Gessna'_ ___ _ _ - _ 1518 Stonendge Court Yorkville IL 60560 0230105436 Jason &JenmferWagner, - - ,1516 Stonendgecourt Yorkville IL 60560, 0230106-037 m� Old 2nd National Bank TR,5803 Stoned dgeYork vilI Property_ ,700 DuVall Drive,, !Woodstockl 60098 0230104-001 Andrew J & Vlctona L We _ -_ -_ 1548 Cotonwood Troll Yorkville IL 60580 _.. 9 I- - v .._. -_. ISheron L Boyd -„ ;,., _ -_ -- ;, , _ „_ _ - , , _ 1546 Cottonwood Trail_ , Yorkville, IL 60560, _0230-104-003 _ :Robin L Clark . _ _ 1544 Cottonwood Trail Yo Lunalne M May. - _ 1540 Cottonwood trail Y rlmlle IL 60560 ,..- 02 30-104-023 ' ” y orkwlle IL 60560 02.30104-00-- ... . A Sandra Waclaw 1638 Cottonwood Trail Yorkville IL 60560 02 30104-007 S _,._ ..._.. obert J Wedermayer &Wanllan Li - ' 1536 Cottonwood Trail Yorkville IL 6D560 02 30-104-008 _ Sandra Krueger _- g - 1526 Cottonwood Trait -_ _ Yorkville IL60560 �„ 0230,104-012 - --_ - Donald P & Bonnie Verbar 1534 Cottonwood Trail Yorkville IL 60560 102 30 104-009 t JasonMKutella .._. _........._. _ ._..._.... �._ °- _ Trail .Yorkville IL 60568 02-30-104-013 Darnel R Melhouse 1526 Cottonwood BnanH & JoheAMeyers _ 1524 Cottonwood Trail Yorkville IL 60560 ;__ 0230104-014 11-1 Jeffrey L & Shelby Fetzer ,_ ;. 1520 Cottonwood.Trail Yo Mlle IL 60560 ,0230 104-015 _, 1 !Jodie McKlnl & Lindsey DUke 1522 Cottonwood Troll Yorkville, IL 60560�� 0230104416 __. Trail YO .... 'Came R Gault 1518 Cottonwood Yorkville, IL 60560 r02 30104-017 _. ....__ _.. _ _ _ M ,Robert S Snyder 1515 Stoneddge_Circle ,Yorkville IL 60560, , 0230-104.018 ,MikalJPielech „ - ; , . 15115tonendge LL rkv111e IL 60580 - 0290-104-019 _ awdA &Vlctona Sandhog , '1513 Stonendge Clmle Yo Circle Yorkville IL 60560 _ 02 30104-020 _ iGa11 M Vivian 1609 Stonendge_Grale !Yorkville,,IL 60560 02-30104-021 iSteven J & Maribor ly M Hanson - - ',1628 Cottonwood Trail _ Yorkv111e� IL 60560 ...... �W4hamA&A---YF Rogers .1624 Cottonwood Troll Yo kwlle IL 60560_ 02-30103-002 „ . Trail Yor Gre o A &Tatum MgCudzlal 1626 Cottonwood _ -- _ ,-_ 9 ry _... ...,.... _. .. rkvllle IL 60560 02 30-103-003 1. `Stephen P & Am[ L Wise - ., _,_ _ „_-_. . __,____-, -„_ ;1622 Cottonwood.Trall - _ - Yorkville IL60560_,. 02-30-103-004 - kurt P & Jeanette Buhis 1620 Cottonwood Trail Yorkville, IL 60560 .0230-103-005 -.Fox HIII PUDAssociation ]no 11326 Wexford Dnve Mokena, IL 60448 0230403-006 :Michael- - I . & Alyson Weeks _ _ _ _ w - _,. _ _ :1616 Cottonwocd Tra11 'Yorkville, IL 60580,_--„ - , 0230103-007 ,,,.... . Brian l& SherryK Haney 1610 Cottonwood Trail Yorkv111e, IL 60560 .,,. 0230-103-008 � Rob Roy Falls Development Concept PUD Submittal & Annexation Petition �F f Aerial Photograph �ur . ROB ROY FALLS ` r - g w SUBJECT �j SITE State HOdtB. - . y . •PREPAREDBY CONSULTLNGENGLNEER: DEYELOPEDBY.' SUBJECT SITE AND AERIAL PHOTOGRAPH SCALE: V - 800' Revisions . 101 W C.CAMPBELL it ASSOCIATES,INC. C.M.West Route&ASSOCIATES,INC. SEXTON DEVELOPMENT QUARTER MILE CONTEXT 101 Waukegan Rd.-Suite 1000 1050 West Route 126 Lake Bluff, Illinois 60044 Plainfield,Illinois HILLSIDE, ILLINOIS U.S. ROUTE 3 4 PHONE:(847)735-1000 mix:(847)735.100 PHONE:(815)254-0505 FAX:(815)436-5158 Y O R K V I L L E , ILLINOIS 0 400' 800' 1,600' MAY 16 , 2007 w Rob Roy Falls Development F Concept PUD Submittal & Annexation Petition F Zoning Plat r �. u �r ROB ROY FALLS - Zoning Plat Dom: Planned Unit Development - 272.186 Acres MAT PMDT EF.roNx SOUM r,)a "�'AND"AT THE CE N ER U YERIUAN.DON!A D AS MENCE SO(F S BEUNNINO EA TIE CENTN d-SAID O)C O 16 E W SIE aION M'EAST MINCE N 9EARIN0)A W TIE 19R 33 S T A P 287.10 ON IS 11305E N OA 3V 05' 31' IYM.JJ EF£T M A PUNT M ON N THEN W FEET SOUTI '3 eS 31-&N M TIE PUNT E BEGINNINU THENCE SOUTH BT SY 1'HEST ALWD SAID NORM NNE THE FEET; TIENOE minx m•u•HI MESr O.A FEET ro THE xY 00'to be Dedicated &NO SAIDDANORME ME ON�CMW TO ME RIGHT HHA�o°aA RAwus OF 38,247.20 FEET AND CFN ANUS W or m•2r.AN ARC NUANCE W 883.87 FEET: THENCE NWM as'OY au-EAST&ONG MD NORM UN W..W FEED. MINCE mom"12'1Y EAST A ONG SMI NORM MIL 184.04 FEET;MENCE SOUTH 73.25'30'EAST A O S NORTH ME,61w FEET; MENCE mum W 12'18'EAST A G SAID NORM NNE G&W FEET; MENCE EASIERI.Y ACUNG SAID NORTH NNE,W A WRVE M THE IETT HAVING A RMUS OF 34,)27.18 FEET ANO MIS&ANUS K M-1T CO'•M ARC INSTANCE OF 78695 FEET THENCE SOUM 95'22'IW EAST MONO SN)NORM NNE 3020.88 FEET M THE EAST ME Ei THE NORTHEAST 1/4 OF MD mOTW 3U THENCE NWM m'IS 52-HEST AEU10 t suO EAtt UNE 37625 FFrT TO THE NORTHEAST COMM OF SAID t SECDW 3U THENCE NORTH 01•IS W NEST uONG ME EAST ME GI•ME muTHEAsT 1/4 M"D mcum 12,SO."FEET MENNW SOUTH 9r GG'29•%EST AT RIGHT ANU To ME u T DESMSED COURSE 1MOO FEET, THENCE NORM 16'v Ir HEST 5411.75 FEET TO A POINT W ME NORM ME W SNO SOUTHEAST 1/4 WICH IS 1828.22 FEET EASDACY MW ME PUNT CO BEGINNING THENCE MM or W 31'HEST N G SW NORM NNE.i958.zz FEET TO ME POINT OF BEONNING IN ME MM SHIP W Sag NENDNL COMM N J& 100'to be Dedicated PUD 0 a 25'to be Dedicated f V (75'from centerline of Route 34) 25'to be Dedicated f75'f"'centerline of Route 34) 50' ° 0 0 s`= m VET c IRAN S PA K W A a W �_ e SH' •-GW � . PREPABEDBY CONSULTINGENGINEER: DEVELOPEDBY CONCEPTUAL SITE PION SCALE: 1" = 40U' Revisions ROLF C.CAMPBELL&ASSOCIATES,INC. C.M.LAVOIE&ASSOCIATES,INC. 101 Waukegan Rd.-Suite 1000 1050 West Route 126 SEXTON DEVELOPMENT ROBROYFALLS-EXHIBITH Jl . Lake Bluff, Illinois 60044 Plainfield,Illinois HILLSIDE, ILLINOIS U.S. ROUTE 3 4 PHONE:(847)735-1000 FAX:(847)735-1010 PHONE:(815)254-0505 FAX:(815)436-5158 YO R K V I L L E , ILLINOIS 0 2 00' 400' 800' MAY 21 , 2007 Rob Roy Falls Development Concept PUD Submittal & ,l- Annexation Petition General Character of the Development w . Rob Roy Falls Development General Character of the Proposed Development A. The Rob Roy Falls Development will include three main land uses throughout the entire site plan. The first land use will be an age-targeted, senior residential development. This area will encompass approximately 72 acres, or 26 % of the site. Appropriate open space will be included in this area, but due. to the concept nature of the plan, is not currently calculated. The second land use will be a private, non equity residential club tentatively named The Rob Roy Club, complete with all of the amenities one would expect in a country club environment without a golf course. This area would encompass approximately 71 acres, or 26% of the site. Once again, appropriate open space will be set aside within this land use category. The final land use will be a commercial/retail component. The area set aside for commercial/retail development will be approximately 130 acres, or 48 % of the site. Again, adequate open space will be provided for function and public use. B. The projected densities ranges of the two residential components are outlined in the Annexation Agreement. The age-targeted senior development would have a targeted density of approximately +/- 4 units per acre. The private Rob Roy Club residential land use would be targeted to have an approximate density of +/- 5.5 units per acre. Again, a more detailed description of the ranges of densities is addressed in the Annexation Agreement. C. As this relatively large development is at the concept phase, descriptions of the development standards and design criteria have not been established, and will be addressed as each development enters the design review pipeline with the City's review process. D. Because of the size of the property, the various land uses, and the complexities of determining future market demand for residential and commercial uses, the only way to allow for the successful development of this property is through the Planned Unit Development process. This process will allow the type of flexibility needed to development such a large property, but at the same time will also allow the City to maintain control and review authority over the design and ultimate development of the property. The PUD process is the only way this property can be effectively and intelligently developed. E. Should the property move forward in the sense of traditional zoning, the following City zoning standards would apply. The senior residential component would require R-3 Zoning to address some of the higher densities and building height that a few of the low-rise buildings would require. The Rob Roy Club residential facility would require R-4 Zoning that would address slightly increased densities, and perhaps special uses to allow for the construction of a clubhouse and other recreational amenities. The commercial area of the development would be targeted for B-3 Zoning, that would allow for various degrees of lot coverage, setback requirements, and other site development standards. F. A detailed list of requested exceptions and departures to applicable city ordinances and codes are included as an exhibit to the Annexation Agreement. Rob Roy Falls Development r Concept PUD Submittal & Annexation Petition Concept Plan Map EMERGENCY R 0 B R 0 Y F A L L S ACCESS LEGEND T m PRIMARY DRIVE PUBLIC 000PLn)n z ■� SECONDARY DRIVE 11 (R06 ROY CREEK) a �Q ACCESS � SERVICE DRIVE A o` RESIDENTIAL 0 (S ENI OR) RESIDENTIAL ACCESS (ROB(ROB ROY CLUB) ■ EMERGENCY�D ACCESS V i' • COM. ACCESS a ■ x x x x x X X X X x X X % X X X X :•♦ x % % X X X X X x X X X X X ■ x ANCHOR x x x x X • COMMERCIAL COMMERCIAL X COMMERCIAL ; FUTURE • 0 O o o : COM. PRIMARY ACCESS OUTLOTS O 0 0 0 0 0 0000 000000 • �Q(TrafficSignal) O 00 00 • o O COM. • O O O 0 ANCHORCOM. 000 O • FLOODPLAIN 0 o PARKING 00 0 0 ACCESS �D O ■ • (ROB ROY CREEK) 0 COM. O O O O 00 0 0 0 0 ANCHOR COM. 0 0 0 0 00 0 PARKING 0 ■ COM. COM. 0 000000000 000000 o O 0 0 0000000000 0 • COM. COM. LIFESTYLE O 0 CENTER 0 LIFESTYLE • 00 O o CENTER 0 ACCESS COMMERCIAL � COM. OUTLOTS (Traffic Signal) U S R 0 U I E a a • ACCESS • VETERAN ' S PARKWgy (Traffic Signal) PRIMARY ACCESS (Traffic signal) ACCESS (Traffic signal) . PBEMEEDBT. CONSULTMENGMER: N�OPEOBT CONCEPT PLAN SCALE: F = 400' Revisions J . 101 W C.CAMPBELL it ASSOCIATES,INC. C.M.West Route te ASSOCIATES,INC. ROB ROY FALL S 101 Waukegan Rd.-Suite 1000 1050 West Route 126 SEXTON&ASSOCIATES Lake Bluff, Illinois 60044 Plainfield,Illinois HILLSIDE, ILLINOIS NW CORNER-U.S.ROUTE 34 &BEECHER RD. PHONE:(847)735-1000 FAX-(847)735-1010 PHONE:(815)254.0505 FAX:(815)436-5156 Y O R K V I L L E , ILLINOIS 0 200' 400' 800' M A Y 2 3 , 2 0 0 7 Rob Roy Falls Development Concept PUD Submittal & Annexation Petition Annexation Agreement & Annexation Plat $moo s e PLAT OF ANNEXATION EXHIBIT A %p !)N - (I 1e TO THE UNITED CITY OF YORKVILLE ce 3e ' KENDALL COUNTY, ILLINOIS P , , 1e zo s 07,53'31" W 1828.22' $ B 931° W 204.80_ — " • P.O.B GRAPHIC SCALE 19 e` N 84.3005° iy W 1944.33' o N I t h ( 1N mm ) L loan - 200 R w Y J I n 1 �0 � 0 00 a° �o ➢ -G D SF CAENON U U RE`' � THAT PART OF THE SOUTH 1/2 OF SECTION 19 AND TIE NORTH 1/2 OF SECTON 3G, TOWNSHIP 37 NORTH, RANGE J EAST OF THE THIRD I VO L PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 19: THENCE SOUTH O1' 21' $- EAST a (ASSUMED BEARING) ALONG TIE 1944.3 BECTON LINE 257.40 FEET; THENCE NOSH 84' 30' TH WEST QUARTER FEET TO S PONT 9 THE IS 193 LINE OF THE SOUTHWEST QUARTER OF SAID BECTON 19 WHICH > T IS BEGINNING;8 FEET E SO TH 7- 31" WEST FROM THE POINT OF N BEGINNING; THENCE SOUTH 8]' 53' 31' WEST ALONG SAID NORTH TH E 4 NORTH FEET; THENCE WAY 01' 35 18" WEST AY NO. FEET TO THE NORTHERLY RIGHT OF WAY LINE OF 15. HIGHWAY LINE. 34;N THENCE N EASTERLY ALONG HAVING NORTHERLY FIGHT OF WAY IANE. ON A CURVE TO LE RIGHT HANNG A RADIUS 38,24220 FEET AND CENTRAL An O ANGLE OF 01' 01' TJ". AN ARC DISTANCE ID NO OF 683.67 HT O THENCE ti NORTH 85' 00' 39" EAST ALONG 12' 1 NORTHERLY RIGHT OF WAY LINE, m 0350 FEET, THENCE SOUTH FEET-THENCE 1B" EAST ALONG SAID NORTHERLY N I RIGHT OF WAY LINE, LY RI FEET;THENCE SOUTH 73' EE 30" EAST ALONG SAID NORTHERLY RIGHT OF WAY LINE, 8349 FEET, THENCE SOUTH 84' 12' 18" EAST ALONG SAID NORTHERLY RIGHT RI WAY LINE, y V` X £ I LINE, FEET: THENCE EASTERLY ALONG SAID NORTHERLY RIGHT OF WET \ � m I LINE, ON CENTRAL CURVE TO THE LEFT HAWNG A RADIUS OF 34.327.48 FEET P O y AND THECE ANGLE OF 01' 11 0E". AN ARC DISTANCE OF ]68.88 m to FEET THENCE SOUTH 85' T 18" EAST ALONG SAID E NORTHEAST RIGHT q7, r OF SAT LINE ION 30NUSI FEET TO THE EAST LINE 4- ES NORTHEAST 1/4 Y G OF T LINE E 378.9 3FE THENCE NORTH 01' 13' OR WEST SAID SAID EAST LINE NOR FEET TO THE NORTHEAST CORNER T SAID BECTON I m m • 30; THENCE NORTH OP 13' 34" WEST ALONG l E EAST LINE OF THE E a 46U 25' MST AT RIGHT ANGLES TO THE 310.20 LAST DESCRIBEDCCOURSE. 86' I 198.00 FEET; THENCE NORTH 16' 23' 15" WEST 2411.75 MET i0 A PUNT ON THE NORTH LINE OF SAID SOUTHEAST 1/4 WHICH IS 1826.22 FEET EASTERLY FROM SHE POINT OF BEGINNING; THENCE SOUTH 87' 53' N I 31" WEST ALONG SAID NORTH LINE, 1826.22 FEET TO THE PONT OF BEGINNING IN THE TOWNSHIP OF BRISTOL. KENDALL COUNTY, ILLINOIS. m b 0 O 0 N O rl C b q m y R w n O •` O ° o L_889.0T m � N 2 o N - - - A=982.00' 18 20 : �=34329,-4 N. LINE RTE. 34 ao 2e s _ BS P --9'IB° g 309_021'_ ey, "kF � CITY OF YORKVILLE - �u CORPORATE LIMITS ou a 06 STATE CF IMMIS COUNTY U KENDALL) SIRE OF IWNCIS ) THE ANNEXED PROPERTY OESMIBED HEREON IS MENTFIED AS THAT INDORMARED AND MADE A STATE U IWNpS J SUIT. W ILLINOIS ) ) SS ROB ROY FALLS PART a ME ON OU YORKVUE BY WOMANCE NO. NORM BY ME COUNCIL ) ) COUNTY U KENDALL) OF SAID ON We ME _ DAY OF _ AD., 2007. COUNTY W KENDALL) COUNTY W KENDALL) APPROVED BY ME CRY ADMINISTRATOR ❑ ME UNITED CITY OU YOR NLIE MI5 PPPROWD BY ME DIY ENGMEER OF ME UHIRD ON OF YORKVALE MIS _ DAY MI5 IS i0 CE MAP THAT K. CM. UVOIE k ASSOCIATES, RAVE PREPARED MIS PLAN, YMICH I3 U.S. ROUIEN AN ACCURATE MAP OF ME PROPERTY M, DIMENSIONS HEREM. SHOWN N A THE PURPOSES DF ANNE%g1gN YOgIMLLE,NENDALLCO.,IL DAY ❑ AO., 20p]. U — AD., 2007. i0 ME ON a TORBVdIE, gLM01i ALL DIMENSIONS SXOMN ARE W FEET AND DECIMALS I DRAWN BY: MALL CHECKED BY: GAS THEREOF PLAT OF ANNEXATION SCALE: f•=gaa DATE: ma6s0p7 ATTEST ; BT : CLEW( MAYOR GIVEN UNDER MY HAND AND SETH Ai PUINRELD, IWNgs, THI$ 7TH DAY OU MPRCH, AD., 2W]. JOB NUMBER: SHEET _ c0 Nlneclmm�erlvg � 1 OF 1 ON ADMINISTRATOR CITY ENGINEER Lod Plmoiug&SU Ikft OAR OFCao1NN GEORGE R. BURGESS. I.P.LS No. 35-31Ji Ip50 West RBU¢ IM I M-25-w0T aen2 COUP UNITS x In 0 CopyrIW1.200] C.M.Lrole& ASOCWIe , m LICENSEE%PIKES/IRNEWS BY: II-30-08 mPluipvemy 615-15 p514 x 'Ifie+<PluuuePTMUMduodu Y^€bl lewtafNelloiW SUrcs uW(meigp wmeies. 815-36-515 J and em m be umd only On the construction mom mpus of Ne son impmv<mmMAS&Gmd f BISi365158 A in NemnpM bcman JU EOginvs mtl Ne Owom. Anyme9rSim Plms,Ncludingdeuils 5 _ C .M. Lavoie g not mtlsyriGad mpapfmginmmpf4fight ofluse p[nsandslbiloW, lent, kArroo(¢kr, frc. ] _ wnidluusa NOletiw of We EVgiosta wPYnghl of Weu Plem uW UryoNbiW. OVOID Pmjec %06-2458 gkSuNey�nnexatim.dw , m4nml?3:65:14 PM,Sluebeem POP Pdntecpd3 Submitted to Village On May 25, 2007 ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT THIS ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the _ day of , 2007 by and between LASALLE NATIONAL TRUST, as Trustee under Trust # 47016 dated December 1, 1973 ("OWNER"), BRADFORD REAL ESTATE SERVICES, CORP. ('BRADFORD"), and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and Aldermen ("CORPORATE AUTHORITIES"). OWNER, BRADFORD 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 certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter referred to as "PROPERTY"). B. BRADFORD intends to acquire a portion of the commercial acreage of the PROPERTY from OWNER and/or enter into a joint venture agreement with OWNER with the intent of proceeding with development of that portion of the PROPERTY conceptually planned for commercial purposes. The PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNER intends to develop and/or sell and/or enter into a joint venture agreement on the remaining portion of the Property conceptually planned for commercial purposes. 1 Submitted to Village On May 25, 2007 D. OWNER intends to develop and/or sell and/or enter into a joint venture agreement with the portions of the PROPERTY conceptually planned for residential purposes. E. OWNER desires to annex the PROPERTY to the CITY. F. OWNER requests a Planned Unit Development ("PUD") zoning designation for the purposes of developing residential and commercial uses ("DEVELOPMENT") on the PROPERTY, which substantially conforms to the City' s Comprehensive Plan. G. OWNER requests that the City's Comprehensive Plan be revised to conform to the PUD approved by the City. H. OWNER desires to proceed with the DEVELOPMENT in accordance with the terms and provisions of this Agreement. I. OWNER proposes to develop the PROPERTY in substantial conformance with the Conceptual PUD Plan attached as Exhibit "B" which contains a commercial component consisting of approximately one hundred thirty (130) acres, a targeted senior housing component consisting of approximately seventy (70) acres, and the "Rob Roy Club" component consisting of approximately seventy (70) acres. J. The CITY acknowledges that the boundaries between the various development areas depicted on the Conceptual PUD Plan are conceptual in nature and that such boundaries may be modified by DEVELOPER, and that preliminary and final PUD plats for the PROPERTY may reflect lot dimensions, dwelling unit types, more or less dwelling units and subdivision layouts that vary from those depicted on the Conceptual PUD Plan provided the bulk standards for individual dwelling unit types and commercial square footage as set forth on Exhibit C are adhered to. 2 Submitted to Village On May 25, 2007 Subject to DEVELOPER securing preliminary and final PUD plat approval for the various phases of development of the PROPERTY at public meetings of the Village's Plan Commission and City Council, no further zoning approvals shall be required of DEVELOPER as a prerequisite to the receipt by DEVELOPER or its assigns of the permits necessary to the development of the PROPERTY, the construction of dwelling units on any portion of the residential component or the development of non-residential uses on any portion of the commercial component. K. 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. The Plan Commission conducted a public hearing regarding the requested Conceptual PUD Plan on 2007. City Council conducted the public hearing on the annexation agreement on 2007. The City Council conducted the public hearing on the special service area district and on the business district on . 2007. L. The CITY and OWNER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. M. The Corporate Authorities, after due and careful consideration, have concluded that the execution of this Annexation Agreement and the rezoning, subdivision and development of the PROPERTY, and the creation of the Special Service Area and the Business District, all 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. N. (i) Each party agrees that it is in the best interests of the OWNER and the 3 Submitted to Village On May 25, 2007 CITY to annex and develop the PROPERTY described in the attached Exhibit "A" as a Planned Development establishing a unique character through the provision of a mix of uses within a master planned community including commercial, residential neighborhoods and open spaces interspersed throughout the development and through the provision of orderly flow of traffic within 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 OWNER to provide development of the SUBJECT PROPERTY. (iii) The PROPERTY is contiguous to the corporate boundaries of the CITY O . It is the desire of the CITY and the OWNER that the development and use of the 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 CTTY now in force and effect, except as otherwise provided in this Agreement. P. The OWNER and their representatives have discussed the proposed annexation and have had public hearings 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 the Petition to Amend the Comprehensive Plan and the Petitions for Zoning and Annexation with drawings submitted therewith, including the Conceptual PUD Plan, attached hereto as Exhibit "B" and agree that the annexation, zoning and plan for the PROPERY shall be approved by the City Council upon the following terms and conditions and in consideration of 4 Submitted to Village On May 25, 2007 the various agreements made between the parties: 11 LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. EXISTING AGRICULTURAL USE. The City agrees that the interim use of all or any portion of the PROPERTY as agricultural shall be permitted as legal non-conforming uses of the PROPERTY until such portions are actually developed. 3. ANNEXATION AND 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 annex and rezone the PROPERTY as a PUD in accordance with the provisions of this Agreement. 4. CONCEPT PLAN. In conjunction with the annexation of the PROPERTY and zoning the PROPERTY PUD, the CITY shall adopt an ordinance granting approval of the Conceptual PUD Plan ("Concept Plan") in substantial conformance to the Concept Plan prepared by Rolf C. Campbell & Associates, Inc. dated May 21, 2007 and attached hereto as Exhibit "B". The PUD consists of a mixed use of a variety of residential product types and a variety of commercial uses. The Concept Plan depicts the general location of the residential and commercial land uses. The exact boundaries shall be determined upon presentation of the Preliminary and Final PUD Plans. As currently shown, the commercial development area of the PUD is located north of the Route 34 frontage on both sides of the Rob Roy Creek, and contains approximately one hundred thirty (130) acres; the targeted" senior residential development is located west of the Rob Roy Creek and north of the commercial development area, and consists of approximately seventy (70) acres; and the Rob Roy Club residential development with a variety of non-equity residential product types, including single family cluster housing, 5 Submitted to Village On May 25, 2007 townhomes, duplexes and mid-rise buildings (not exceeding 4 stories) is located east of the Rob Roy Creek, north of the commercial area, and on the west side of Beecher Road, and consists of approximately seventy (70) acres. Owner has prepared a depiction of the various development areas within the PUD for the entire development, which is attached as Exhibit "D" ("the Development Area Plan '). While the Concept PUD Plan is intended to show the land use areas on the Property, the Development Area Plan is intended to show the maximum intensity of development that can be achieved by the Owner within the land use areas upon the City's approval of the Conceptual PUD Plan. 5. PRELIMINARY AND FINAL PUD PLATS. Thereafter, upon and in compliance with the requirements of the CITY Code including and consistent with the terms of this Agreement, the OWNER or Developer shall submit an application or applications for Preliminary PUD Plan approval for each development parcel or for the entire property or any combination thereof, complete with preliminary engineering plans, landscape plans and elevations of the buildings proposed to be constructed. Thereafter, the CITY shall adopt an ordinance or ordinances granting a Final PUD Plan so as to allow for the development of the PROPERTY in conformance with Exhibit "B" and Exhibit "D" for each development parcel or for the entire PROPERTY or any combination thereof. To the extent that the Preliminary or Final PUD Plans to be submitted in the future by OWNER require departures from the City Zoning Ordinance and other City Codes, the City agrees to reasonably consider all departures required to allow construction of the proposed Preliminary and Final PUD Plans in accordance with Section 6 of this Agreement. The CITY acknowledges that the commercial development will be developed as individual commercial lots for sale and for OWNER retained commercial parcels. As a result the development will require and the CITY shall not object to any cross access easement or 6 Submitted to Village On May 25, 2007 reciprocal easement agreement required to properly provide for the required access between commercial uses. 6. DEPARTURES FROM LOCAL CODES. The specific modifications and departures from the CITY's ordinances, rules, and codes requested by OWNER have been set forth on Exhibit "C" ("Permitted Departures"). In conjunction with the annexation of the PROPERTY and zoning the PROPERTY PUD, the CITY shall adopt an ordinance granting approval of the Permitted Departures prepared by Rolf C. Campbell & Associates, Inc. dated 2007 and attached hereto as Exhibit "C. Because the OWNER has not completed its detailed development plans to the specificity of a Preliminary or Final PUD Plan, the CITY agrees to reasonably consider any additional request for modification or departures requested by OWNER at the Preliminary of Final PUD stage. 7. SPECIAL USE REQUESTS. The OWNER and CITY acknowledge that some specific uses shall require Special Use permits to operate in the City, for such items such as a drive-through window, among other things. The OWNER agrees that the individual user shall submit the required plans and information required with the special use application for review and approval of the CITY. The CITY agrees to expeditiously process and reasonably consider future requests for special uses for individual uses and shall conduct any necessary public hearings therefor. 8. UTILITIES. EASEMENTS AND PUBLIC IMPROVEMENTS. OWNER agrees that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as authorized variations by this Agreement ("Utilities and Public Improvements"). Any on-site work and the cost thereof shall be the responsibility of OWNER except as otherwise provided in this Agreement. The CITY shall have the sole responsibility of obtaining any off-site easements for water distribution 7 Submitted to Village On May 25, 2007 and responsibility for off-site street related improvements. In the event the CITY cannot obtain the necessary off-site easements for the extension of the watermains, OWNER shall be allowed to extend water mains from other locations to the PROPERTY within existing easements or rights-of-way. In addition, the CITY agrees that, at OWNER's request, the CITY shall exercise reasonable and best efforts to acquire off-site easements. All reasonable costs related to or associated with condemnation of property as well as the cost of acquisition of the real property approved in advance by OWNER for easement purposes only, and not as to acquisition of fee title, for sanitary sewer, storm water drainage or potable water purposes shall be the responsibility of OWNER. The CITY shall not incur any acquisition cost not approved by OWNER. 91 POTABLE WATER SUPPLY SANITARY SEWER RECAPTURE AND FUNDING MECHANISMS. A. Water. The CITY represents to OWNER that the CITY owns potable water, fire flow and water storage facilities and that such facilities will have sufficient capacity to adequately serve the needs of the OWNER and occupants of the PROPERTY as developed pursuant to the terms of this Agreement. As required by the CITY Engineer, OWNER shall connect the entire project, including that portion west of Rob Roy Creek to the watermain to be constructed on the Kendall Marketplace Property located to the east of the PROPERTY. OWNER shall not connect the project to the CITY watermain located south of Route 34. The CITY shall obtain the required easements of access for construction purposes over any portion of the Kendall Marketplace property necessary to allow connection to the Kendall Marketplace watermain, or the CITY shall require the developer of Kendall Marketplace to extend the watermain to the 8 Submitted to Village On May 25, 2007 PROPERTY. B. Sanitary Sewer. With respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate with OWNER in their efforts to acquire adequate sanitary sewer treatment capacity from the Yorkville Bristol Sanitary District for use in the PROPERTY as developed pursuant to this Agreement. The OWNER shall connect that portion of the PROPERTY located east of Rob Roy Creek to the existing thirty-six (36") inch sanitary sewer interceptor located along the east property line of the PROPERTY. The OWNER shall connect that portion of the PROPERTY located west of Rob Roy Creek to the sanitary sewer mains located south of Route 34. Additionally, the CITY shall also assist and cooperate with OWNER in its efforts to obtain adequate means of delivery of such sanitary sewer capacity to the PROPERTY or, in the alternative, shall provide such means of delivery, subject, however, to the requirements of the Yorkville Bristol Sanitary District where appropriate. The CITY shall seek to obtain such governmental approvals and permits, but in the event that its best efforts are not successful, the CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary sewer treatment capacity contemplated under this Subsection 9.15 arising from its inability to obtain such approvals and permits; and the CITY undertakes no duty to pay for the extension of sanitary sewer extensions to the PROPERTY. C. Recapture. The CITY represents to OWNER that OWNER shall not become liable to the CITY or any other party for recapture upon the annexation and/or development of the PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may or may not serve the PROPERTY; provided, however, subject to the terms of this Agreement, OWNER shall be responsible to pay 9 Submitted to Village On May 25, 2007 sewer and water connection fees for the Residential Parcel and OWNER shall be responsible to pay such fees for the Commercial Parcel subject to the terms of this Agreement. (NOTE TO CITY: To the extent that the PROPERTY is deemed a benefited property under the Fox Hill Recapture Agreement and the City Engineer is requiring the PROPERTY not to connect to the Fox Hill water improvement, the CITY shall be responsible for any recapture payment that might otherwise be required of OWNER.) D. Funding. The parties acknowledge that the Kendall Marketplace developers are currently preparing plans for the design and construction of improvements to Beecher Road, which is located on an eastern portion of the PROPERTY. The OWNER shall construct the improvements to Beecher Road from the terminus of Beecher Road constructed by the developers of the Kendall Marketplace to the north boundary of the PROPERTY. The CITY shall not withhold permits or approvals for any portion of the PROPERTY for the reason that any Beecher Road improvements are not completed. The OWNER shall prepare plans for the design and construction of improvements to that portion of Beecher Road that is located on the PROPERTY. 10, SECURITY INSTRUMENTS. A. Posting Security. OWNER shall deposit, or cause to be deposited, with the CITY such surety bonds or other security in the forms prescribed and in the amounts prescribed by state law and by the ordinances of the CITY to the extent that said ordinances comply with state law ("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 within their respective parcels as are required by applicable ordinances of the CITY to the extent that said ordinances 10 Submitted to Village On May 25, 2007 comply with state law. The OWNER shall have the sole discretion, subject to compliance with Illinois law, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount of each Security Instrument shall be as required by state law and the duration shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty-five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. If the OWNER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per United City of Yorkville's Resolution No. 2006-19, the OWNER shall not be required to post any irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements. Any public improvements installed by the OWNER on their respective parcels as part of a special service area shall require OWNER to post a one-year maintenance bond after acceptance by the CITY of said public improvements in an amount equal to 10% of the approved engineering's estimate of the costs. Any perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent phases of development at the sole discretion of the OWNER. B. Inclusion of Route 34 Frontage Road and Route 34 Detention Area in OWNER 's Phases. Subject to the CITY first obtaining title to the 11 Submitted to Village On May 25, 2007 3.4 acre parcel of property located west of Beecher Road, surrounded on three sides by the PROPERTY and owned by Kendall Marketplace, and subject to the City transferring title to the 3.4 acre parcel to OWNER on the condition that OWNER transfers title to an eight (8) acre parcel of land located at the north border of the PROPERTY on the Beecher Road frontage, OWNER agrees to include the construction of the east-west "frontage access' road from Route 34 at the west side of the Commercial Parcel to Beecher Road at the east side of the Commercial Parcel (the "Route 34 Frontage Road") in one of the phases for the Commercial Parcel, to post Security Instruments with the CITY therefor, if required, and to design and build such improvement so that it may serve the Commercial Parcel. OWNER shall connect the Route 34 Frontage Road to the main east west drive on Kendall Marketplace and OWNER shall connect a second access drive to the Kendall Marketplace access drive next south of the Route 34 Frontage Road location. C. Acceptance of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development on the Residential Parcels and the Commercial Parcels, respectively, and acceptance by the City Council upon recommendation by the City Engineer, OWNER 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. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNER'S completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall 12 Submitted to Village On May 25, 2007 adopt the resolution accepting said public improvements not later than forty-five (45) days following the approval of the as-built plans. D. Transfer and Substitution. Upon the sale or transfer of any portion of its respective parcels within the PROPERTY, OWNER shall be released from the obligations for such portion 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. 11 . PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS . Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e. park areas, offsite water main, sewer mains, homeowners association open space areas) in each Phase of Development within their respective parcels, and acceptance thereof by the City Council upon recommendation by the City Engineer, OWNER 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. 12, AMENDMENTS TO ORDINANCES. All applicable ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, stormwater management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement ("Applicable Codes') have been set forth on Exhibit "E", and shall apply to the PROPERTY and its development for a period of (8) years from June 1, 2007. Any amendment, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be 13 Submitted to Village On May 25, 2007 applied to the development of the PROPERTY except upon the written consent of OWNER during said eight (8) year period. After said eight (8) year period, the PROPERTY and its development will be subject to all Applicable Codes in existence on or adopted after the expiration of said eight (8) year period, provided, however, that the application of any such Applicable Code shall not result in a reduction in the number of residential building lots or units herein approved for the Residential Parcel, alter or eliminate any of the ordinance departures provided for herein, nor result in any subdivided lot or structure constructed within the PROPERTY being classified as non-conforming under any ordinance of the CITY. The CITY shall give the OWNER a six (6) month grace period from the date OWNER is notified of any changes to the Applicable Codes of the CITY in order to comply with the new regulations. At the termination of the first eight (8) year term, all ordinances, regulations and codes then in effect shall apply to the PROPERTY and its development for the next five (5) year period. Thereafter, the OWNER shall comply with the Applicable Codes then in effect from time to time so long as they otherwise conform to the terms of this Agreement. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the PROPERTY and be complied with by OWNER, provided, however, that any so-called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the PROPERTY shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the PROPERTY, other than those upon which site plan approval may be based, 14 Submitted to Village On May 25, 2007 are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNER, and anything to the contrary contained herein notwithstanding, the OWNER may proceed with development or construction upon the PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 13, BUILDING CODE; BUILDING PERMITS. A. The building codes for the CITY in effect as of the date of this Agreement and the dates of the latest revisions thereto are listed in Exhibit "F". These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the PROPERTY and its development for a period of eight (8) years from June 1, 2007. Any amendment, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the PROPERTY except upon the written consent of OWNER during said eight (8) year period. At the termination of the first eight (8) year term, all building codes then in effect shall apply to the PROPERTY and its development for the next five (5) year period. Thereafter, the OWNER shall comply with the building codes then in effect from time to time so long as they otherwise conform to the terms of this Agreement. At the termination of said five (5) year period, the PROPERTY and its development will be subject to all building codes of the CITY in existence on or adopted after the expiration of said five (5) year period. The CITY shall give the OWNER a six (6) month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. 15 Submitted to Village On May 25, 2007 If, during the term of this Agreement, any existing, amended, modified or new building code affecting the development and/ or construction of any improvements, buildings, appurtenances upon the PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNER, and anything to the contrary contained herein notwithstanding, the OWNER may proceed with development or construction upon the PROPERTY pursuant to the less restrictive building code, amendment or modification applicable generally to all properties within the CITY. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the PROPERTY upon the expiration of the twelfth (12th) month following the effective date of such amendments, deletion, or addition, whether during the thirteen (13) years next following the date of this Agreement, or any time thereafter, except as to those items expressly provided for in Exhibit "F" attached hereto. B. The CITY shall act upon each application for a building permit for which OWNER or its duly authorized representatives, shall apply, within fourteen (14) calendar days of the date of application therefor, or within fourteen (14) calendar days of receipt of the last of the documents and information required to support such application, whichever is later, provided the applicable improvements for which the building permit applies will be constructed and installed in accordance with the applicable requirements of the CITY. If the application is disapproved, the CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including a 16 Submitted to Village On May 25, 2007 specification of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building permits upon the compliance with those legal and documentary requirements so specified by the CITY. C. Subject to any other necessary governmental regulatory approval, the CITY shall permit OWNER, and its duly authorized representatives, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the PROPERTY or any Parcel or Phase thereof, provided that each such temporary tank and temporary water facility shall be removed and disconnected within ten (10) days after said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at OWNER's sole cost, subject to force majeure. The use of such temporary facilities shall be subject to all health and safety codes of the CITY and CITY shall inspect such facilities on a periodic basis. D. Subject to the provisions of this Section 13 hereof, no permit fees, plan review fees or inspection fees which are not generally and uniformly applicable throughout the CITY shall be imposed by the CITY against the PROPERTY. 14, FUTURE FINAL PLATS AND FINAL ENGINEERING. The CITY recognizes the development of the PROPERTY may occur in stages or units (sometimes referred to herein as "Phases") over a period of time. Accordingly, the CITY grants permission to OWNER to stage the development on the respective parcels over a period of twenty (20) years in length and to submit separate final plats and final engineering for approval for each Phase. The CITY shall act upon any final plat and final engineering submitted to it for approval within a reasonable time of its receipt of such final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the 17 Submitted to Village On May 25, 2007 CITY shall not exceed the limitations set out in 65 ILCS 5/11-12-8 (2002). The CITY shall not require engineering to be submitted for any Phase of the PROPERTY that is not within the particular Final Plat for a Parcel, Phase or Unit being submitted for approval by OWNER, provided, however, the CITY can require engineering for sewer, water, storm water lines and utilities that cross undeveloped Parcels and/or Phases. 15, FEES AND CHARGES. A. During the first eight (8) years following June 1, 2007, the CITY shall impose upon and collect from the OWNER, and its respective contractors and suppliers, only those permit, license, tap-on and connection fees and charges, and impact fees and in such amount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "G". At the termination of the first eight (8) year term, the Fee Schedule then in effect shall apply to the PROPERTY and its development for the next five (5) year period. Thereafter, the OWNER shall comply with the Fee Schedule then in effect from time to time so long as it otherwise conforms to the terms of this Agreement. At the expiration of the five (5) year term, the CITY shall give the OWNER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. Notwithstanding anything in this Section 15 to the contrary, no increased impact fees and new impact fees shall apply to the PROPERTY, except as are contemplated in the existing Fee Schedule regarding bi-annual increases tied to a construction index. B. To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or City Ordinance are not frozen by the specific 18 Submitted to Village On May 25, 2007 terms contained in this Agreement, such fees may be prepaid as follows: (i) If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the PROPERTY, the CITY will provide OWNER with notice thereof and OWNER will be permitted the right to prepay the fees as they existed prior to such increase at any time within thirty (30) days after receipt of the notice of the increase of the fees from the CITY. (ii) OWNER's right to prepay will apply to all fees or only certain fees applicable to their respective parcels within the PROPERTY as selected by OWNER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the PROPERTY for which such fee was prepaid. For fees charged on a per residential unit basis, OWNER may designate the number of residential units and pay such fees based on such designated number of units and may prepay for only a certain number of units as determined by OWNER. Once the calculation is made, no refund of any portion of any prepayment made will be allowed. 16. CONTRIBUTIONS . The CITY shall not require the OWNER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 17, SCHOOL AND PARK DONATIONS. OWNER shall be responsible for making the contributions outlined in Exhibit "H" and Exhibit 'T to the Yorkville Community 19 Submitted to Village On May 25, 2007 School District #115 and the Plano Community Unit School District No. 88 ("School Districts"), the United City of Yorkville Park Department ("Park Department") and the CITY for the estimated Land Cash and School Transition Fee that is projected to be experienced by said entities as a result of the development of the Residential Parcel in the manner provided for under this Agreement. Notwithstanding the foregoing, there shall be no Land Cash and School Transition Fee or any other fee or contribution of any kind required for the portion of the residential development developed as targeted senior residential units. There shall be no other school and park contributions, fees or land dedications required for the Residential Parcel and there shall be no school or park contributions, fees or land dedications required or made for the Commercial Parcel. 18. PROTECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Residential Parcel, OWNER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at not more than three (3) locations at any time within the corporate limits of the CITY as OWNER may designate (individually an "offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. Offsite Signs will not be located on public right-of-way. OWNER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, OWNER shall be permitted to construct, maintain and utilize signage upon the Residential Parcel as identified in Exhibit "J" attached hereto. 19 . MODEL HOMESr PRODUCTION UNITS AND SALES TRAILERS . During the development and build out period of the Residential Parcels (subsequent to final 20 Submitted to Village On May 25, 2007 plat approval), OWNER, and such other persons or entities as OWNER may authorize, may construct, operate and maintain model homes and sales trailers within the Residential Parcels staffed with OWNER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales offices for the residential subdivisions for said persons or entities. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNER, but shall in no event exceed _ in any phase or unit of the residential development. Off-street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off-street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off-street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking two (2) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, which may be hereinafter designated by OWNER as a separate neighborhood at the time a final plat for all or any part of that neighborhood is submitted by OWNER to the CITY, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol- Kendall Fire Protection District.) A final inspection shall be conducted prior to the use of a model home and water service shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder 21 Submitted to Village On May 25, 2007 course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed and operational or until temporary service is available, whichever is earlier. Use of models as a model unit only shall not be deemed to be "occupancy" thereof and may be made prior to connection to a sanitary sewer or water system, so long as temporary waste water holding tanks and temporary water facilities are installed to serve them. OWNER may locate temporary sales and construction trailers upon the Residential Parcels during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of occupancy certificates for all units within the Residential Parcels. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the OWNER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval, which the CITY shall approve, or if denied, the reasons for said denial, within fourteen (14) calendar days. OWNER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit and shall execute and deliver to the CITY a hold harmless and indemnification agreement in form and content reasonably satisfactory to the CITY, so providing, prior to the commencement of construction of any model homes. OWNER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for 22 Submitted to Village On May 25, 2007 each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. 20. CONTRACTORS' TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the PROPERTY as required and approved by OWNER for development purposes. Said trailers shall be removed from each of the Residential Parcels and the Commercial Parcels, respectively, within thirty (30) days after issuance of the last occupancy permit for each such parcel, subject to force majeure. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right-of-way. 21 . CERTIFICATES OF OCCUPANCY. A. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the PROPERTY or any parcel or phase thereof within five (5) working days after proper application therefor or within five (5) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with 23 Submitted to Village On May 25, 2007 those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection. The foregoing, however, shall not negate the obligation of OWNER to pay all fees otherwise payable for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances. B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions subject to the following understandings: (i) if a certificate of occupancy is issued for such a building or dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit as soon as weather permits but in any event by the following summer, the CITY shall have the right to withhold the issuance of further building permits to such party until such exterior work has been completed; (ii) with respect to the last phase of development on the PROPERTY, for any building or dwelling unit for which a certificate of occupancy has been issued with incomplete exterior conditions, adequate security, which may be by a bulk surety in the form of a letter of credit or surety bond, shall be posted with the CITY to ensure the completion of such work; and (iii) the CITY is hereby granted rights of access to the applicable phase of the PROPERTY so that, if necessary, the CITY can complete such work. Notwithstanding the foregoing, if the provisions of (i) above apply but if the party that failed to complete the driveway and/or sidewalk paving or grading improvements posts Security with the CITY in the 24 Submitted to Village On May 25, 2007 amount of one hundred ten percent (110%) of the amount estimated by OWNER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or certificates of occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to energize street lights installed by OWNER within a given Phase of development on the PROPERTY constitute a basis for the CITY denying the issuance of building permits or a certificate of occupancy for buildings and dwelling units constructed or to be constructed within such Phase of the PROPERTY. 22, 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), shall the CITY require that any part of the PROPERTY be dedicated for public purposes 23. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS. At the OWNER's request, the CITY shall establish a special service area ("SSA") to be utilized as a primary funding mechanism for acquisition, construction and installation of public improvements including but not limited to, engineering, surveying, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, paths and related street improvements, equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation, public park improvements and tree installation, costs for land and easement acquisitions or dedications relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services, required 25 Submitted to Village On May 25, 2007 impact fees and dedications and other eligible costs to serve the Special Service Area (the "Special Services'). . The Developer and City presently estimate the total cost of these Special Services, together with costs of borrowing money for that purpose, funding administrative expenses and providing for necessary debt service reserves and capitalized interest (collectively the "Costs of the Special Services") to be approximately Million Dollars ($_._.00) . The City acknowledges that it is in the best interests of the City to issue not to exceed $ principal amount of its Special Service Area Ad Valorem Tax Bonds to pay or provide funds to pay the costs of the Special Services. The CITY and OWNER shall cooperate in good faith to identify and agree on an appropriate structure for the financing, which the CITY and OWNER currently believe will consist of an SSA pursuant to 35 ILCS 200/27-5 et sea., but which may be authorized and implemented under other legal frameworks acceptable to the CITY and OWNER. The City agrees to prepare and publish and mail the public notices required by the Special Service Area Act, and to hold the required public hearing to consider establishment of the Special Service Area, the issuance of the Bonds for the purpose of paying the costs of the Special Services and the manner in which the Bonds are proposed to be retired and the proposed tax levy. Upon creation of the Special Service Area, the City agrees to issue bonds in the amount not to exceed $ ,000.00. 24. BUSINESS DISTRICT FUNDING. The City is authorized pursuant to the provisions of the Business District Development and Redevelopment Act (65 ILCS 5/ 11- 74.3 et seq.) to designate business districts to promote development or redevelopment in the City and to impose a retailers' occupation tax and a service occupation tax therein 26 Submitted to Village On May 25, 2007 and to issue bonds to provide for the payment of business district project costs. The Business District shall be contiguous and include only parcels of real property directly and substantially benefited by the proposed business district development plan as required by the Business District Development and Redevelopment Act. The City agrees to make the required notices and hold the public hearings required by the Business District Development and Redevelopment Act. The City agrees to approve a business district development plan for the Business District for the planning, execution and implementation of the business district development plan and for the payment of business district project costs as set forth in the plan to be presented to the City by the Developer, and the issuance of obligations by the City to provide for the payment of business district project costs secured by the business district tax allocation fund to be established pursuant to the Business District Development and Redevelopment Act. The City further agrees to impose a retailers' occupation tax and a service occupation tax in the Business District at the rate of one-half on one percent (0.50%) for the planning, execution and implementation of the Business District Plan, the payment of the Business District project costs as set forth in the Business District Plan and the payment of obligations of the City issued to provide for the payment of Business District project costs. 25. RECAPTURE AGREEMENTS. A. Benefiting the PROPERTY. The CITY to enter into recapture agreements with the OWNER for a portion of the costs of certain public improvements constructed by OWNER which the CITY has determined may be used for the benefit of property ('Benefited Properties") not located within the PROPERTY which will connect to and/or utilize said public improvements. Each Recapture Agreement shall be 27 Submitted to Village On May 255 2007 substantially in the form as attached hereto and incorporated herein as Exbibit "K". The improvements which qualify as benefiting other properties and the identity of the benefited properties (by location map and/or permanent index number) shall be identified at the time of approval of Final Engineering for each phase of development. A phase may include more than one neighborhood. B. Encumbering the PROPERTY. There are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNER, or their successors, upon connection of the 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 affect the PROPERTY. (NOTE TO CITY: To the extent that the PROPERTY is deemed a benefited property under the Fox Hill Recapture Agreement and the City Engineer is requiring the PROPERTY not to connect to the Fox Hill water improvement, the CITY shall be responsible for any recapture payment that might otherwise be required of OWNER.) 26, COMMENCEMENT OF IMPROVEMENTS. A. The CITY shall issue permits to OWNER to authorize the commencement of construction of utility improvements on the PROPERTY or any Parcel or Phase thereof at the sole risk and cost of OWNER prior to construction of the CITY utility improvements, provided: (1) such construction is undertaken at the risk of the party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the 28 Submitted to Village On May 25, 2007 CITY to determine the nature and scope of the improvements being constructed; (3) the final subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY; (4) the IEPA and the sanitary district that will serve the PROPERTY, as and if applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase on which the improvements are being constructed. The CITY agrees to review and, where appropriate, execute IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans; and (5) the construction complies with the CITY's existing soil erosion ordinances. OWNER shall indemnify the CITY against any claims, actions or losses the CITY may suffer sustain or incur because another governmental agency takes action against the CITY after OWNER undertakes development activities on either of their respective parcels pursuant to the provisions of this Subsection 23(A). B. The CITY shall issue permits, pursuant to the City's Soil, Erosion and Sediment Control Ordinance # 2003-19, to OWNER to authorize the commencement of mass earthwork and grading on the PROPERTY or any Parcel or Phase thereof prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that OWNER has submitted mass grading and erosion control plans to the CITY at least thirty (30) days prior to the commencement of such mass earthwork and grading and complies with the erosion control ordinance of the CITY. C. The CITY shall issue permits to OWNER to authorize the commencement of construction and installation of building foundations on the Residential Parcels prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, 29 Submitted to Village On May 25, 2007 that OWNER has provided for all-weather access to such Lots on which building foundations are being constructed and installed, in the form of aggregate driveways. Any such installation of foundations prior to acceptance of a final plat of subdivision and final engineering by the CITY shall be at OWNER's sole risk. Issuance of building permits by the CITY pursuant to this Section shall not be deemed to guaranty the approval by the CITY of any final plat or engineering for the PROPERTY then under review. 27. COVENANTS. OWNER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the Residential Parcels, and other obligations as determined at the time of final platting and as referenced in this Agreement. 28, HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSSA). A. Homeowners Association. OWNER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners within the Residential Parcels and a mandatory membership of all lot owners in the Association within the Residential Parcels. The Association shall have the primary responsibility and duty to carry out and pay for the maintenance of Common Facilities (defined below) through assessments levied against all dwelling units within the Residential Parcels. A maintenance easement shall be established over all of the Common Facilities located on the final plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities 30 Submitted to Village On May 25, 2007 Maintenance. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and other open spaces within the Residential Parcels and for the yards and buildings on the private lots. The maintenance described herein shall include, without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and for the maintenance and repair of the exterior of the residential units and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements and shall otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance. The Common Facilities are to be determined at such time as the final engineering plans are approved by the City. OWNER may covenant for the sharing of the costs of maintenance of any storm water management facilities on the Residential Parcels that benefit the Commercial Parcels. B. Dormant Special Service Area. OWNER agrees to the CITY enacting at the time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the Residential Parcels. 29, ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the PROPERTY, OWNER determines that any existing utility easements and/or underground lines require relocation to facilitate the completion of their obligation for their respective parcels of the PROPERTY, the CITY shall fully cooperate with OWNER in causing 31 Submitted to Village On May 25, 2007 the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNER. If any easement granted to the CITY as a part of the development of the PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the PROPERTY in this Agreement, the CITY shall fully cooperate with OWNER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNER shall pay for the cost of design and relocation of any such easement and the public utilities located on their respective parcels unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the OWNER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNER's request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the OWNER associated with burying what had been overhead utility lines, the OWNER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. 30. WETLANDS AND STORMWATER DETENTION. The Residential Parcels contains three wetland areas within the Rob Roy Creek corridor which is under the jurisdiction of the Army Corps of Engineers. OWNER's plan for the development of the Residential Parcels will not adversely impact the Wetland Areas within the Rob Roy Creek corridor. OWNER agrees to comply in all respects with the preliminary engineering report prepared by CM LaVoie & Associates, dated May 24, 2007 and attached hereto as Exhibit "_". 31. ROUTE 34 CURB CUTS. The CITY agrees to cooperate with OWNER in an effort to procure and execute permits from the appropriate governmental agencies with 32 Submitted to Village On May 25, 2007 jurisdiction to allow the construction of a minimum of five (5) curb cuts and street access on Route 34 to the Commercial Parcels as indicated on the Conceptual PUD Plan. The location of the curb cuts will be determined by OWNER subject to the approval of the CITY and any other governmental agencies with jurisdiction. OWNER acknowledges that IDOT, and not the CITY, shall have ultimate approval of the number and location of the curb cuts designed on Route 34 for the Commercial Parcels. The CITY agrees that it will not withhold or delay issuance of any building permits on the basis that a property owner has not yet dedicated any land to IDOT for road improvements to Route 34. 32, BEECHER ROAD CURB CUTS. The CITY agrees to issue a minimum of (_) curb cuts and street access onto Beecher Road as indicated on the Conceptual PUD Plan. The location of the curb cuts will be determined by OWNER subject to the approval of the CITY. The Parties acknowledge that Kendall Marketplace is constructing the Beecher Road intersection improvements that are located on the Kendall Marketplace property, including on the 3.4 acre parcel of land referenced in this Agreement. The CITY agrees that it will not withhold or delay issuance of any building permits on the basis that a property owner has not yet dedicated any land to the CITY for road improvements to Beecher Road. 33. 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. 34. ECONOMIC INCENTIVE AGREEMENT. It is the intention of OWNER, that to the greatest extent possible, the costs of the installation of on-site and off-site public improvements for the PROPERTY be funded by a Special Service Area. At the request of OWNER, CITY shall enter into an Economic Incentive Agreement pursuant to 65 ILCS 5/8-11- 20 and shall approve all ordinances and execute all other agreements in connection 33 Submitted to Village On May 25, 2007 therewith which may be necessary to reimburse OWNER or its assigns for the design and installation of those public improvements (the " Commercial Project Improvements") within or abutting the Commercial Parcels which (i) are directly attributable to the Commercial Parcels and (ii) do not qualify to be funded by the special service area established for the Residential Parcels under the provisions of paragraph 23 of this Annexation Agreement. The terms of the Economic Incentive Agreement shall contain the following provisions: 1. The costs of the Commercial Project Improvements (the "Project Improvement Costs") for which OWNER or its assigns shall be reimbursed shall include costs of design and engineering, land dedication, construction interest paid during construction, permit fees, inspection fees, insurance premiums and bonds and amounts paid to contractors, subcontractors and suppliers for labor, material, and equipment used in constructing and installing the Commercial Project Improvements which shall not exceed $ 2. The amount for which OWNER and its assigns may be reimbursed (the "Reimbursement Amount") shall consist of the Project Improvement Costs plus interest at the rate of 6% per annum from the date any Project Improvement Cost is expended (as evidenced by contractor's sworn statements and waivers) to the date of reimbursement. 3. The commencement date for reimbursement shall be the date of issuance of a certificate of occupancy for the operation of the first retail store, containing 20,000 square feet or more, operating on the Commercial Property. The termination date after which time the CITY shall no longer be required to make any reimbursement payments to OWNER or its 34 Submitted to Village On May 25, 2007 assigns shall be 15 years after the date of this Annexation Agreement provided that OWNER or its assigns must start construction (i.e. obtaining development permits and grading the Commercial Site) within two years after the date of this Annexation Agreement. 4. During the reimbursement period the CITY shall pay to OWNER or its assigns one-half of any taxes imposed by the State of Illinois as a retailer's occupation tax or a retailer's service occupation tax or any other sales tax or successor tax which may be enacted by the State of Illinois as replacement thereto that are generated by the operation of any retail stores operating on the Commercial Parcels and are distributed to the CITY by the Illinois Department of Revenue. Such payments shall be made until the first to occur of the following: (i) OWNER has been fully reimbursed for the Reimbursement Amount (including interest); (ii) the termination date of the Economic Incentive Agreement. Thereafter the CITY shall have no further obligation to make any payments under this Agreement to OWNER or their assigns. 35 . CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNER in applying for and obtaining any and all approvals or permits necessary for the development of the PROPERTY, including, but not limited to those required from the Illinois Environmental Protection Agency, the Army Corps of Engineers, the Federal Emergency Management Agency, the United States Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Kendall County, Kendall County Forest Preserve District, Bristol Township, Rob Roy Drainage District, Yorkville Bristol Sanitary District, the United City of Yorkville Park Board, Plano Community School 35 Submitted to Village On May 25, 2007 District No. 88, and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the PROPERTY or any Phase thereof. OWNER may proceed with grading and installation of public improvements after CITY's approval of final engineering or other documentation called for hereunder and with the construction of homes prior to the issuance of access permits or other permits required for the development by Illinois Department of Transportation ("IDOT"), so long as such access permits have been applied for, and the CITY shall not delay the processing or approval of such engineering or documentation or the issuance of building permits for the reason that IDOT permits) have not yet been issued. 36. ADDRESSES. Within fourteen (14) days after the final plat of subdivision for any phase of the Residential Parcels is approved, CITY will provide OWNER with the addresses of all lots within that phase for the purpose of expediting the process of obtaining utility installations by the applicable utility company or companies. 37. SUBSEQUENT AMENDMENTS. It is understood and agreed that subsequent amendments of this Agreement, may be obtained solely by the owner of any portion or Phase of the PROPERTY and the CITY as to such portion or Phase without any action or approval of the owners of other portions of the PROPERTY if such amendments do not include the property or affect duties or obligations of the owners of the balance of the PROPERTY without any action or approval of the owners of other portions of the PROPERTY. Rezoning or an amendment of the Planned Development may be applied for and processed by the CITY without requiring an amendment of this Agreement. 36 Submitted to Village On May 25, 2007 38. "RIGHT TO FARM" LANGUAGE. The OWNER of the PROPERTY acknowledges that Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county (zoning indicator A-1 or Ag Special Use), normal agricultural practices may result in occasional smells, dust, sights, noise and unique hours of operation that are not typical in other zoning areas. The OWNER of the property agrees to incorporate the "Right to Farm" language on the Final Plat of Subdivision and incorporate similar language within such other documents governing the subdivision if any property adjacent thereto is used or operated as a farm. 39. RESPONSIBILITIES OF OWNER. The OWNER shall not be required to perform any of the obligations under this Agreement so long as OWNER is a passive title holder in the PROPERTY and does not act as a developer. Upon the transfer of OWNER's rights, title or interest in the Residential Parcels, Commercial Parcels, or any portion thereof to a developer, the covenants and obligations of OWNER hereunder as to such portion shall be performed by DEVELOPER. Upon the transfer of OWNER' rights, title and interest in the Commercial Parcels or any portion thereof to the COMMERCIAL DEVELOPER, then the obligations of OWNER hereunder as to such portion shall be performed by the COMMERCIAL DEVELOPER. Until such time as any portion of the Residential Parcels or the Commercial Parcels is transferred to a developer or the COMMERCIAL DEVELOPER, the obligations hereunder as to such portion shall not be required to be performed by DEVELOPER or COMMERCIAL DEVELOPER, as the case may be. The CITY agrees that the OWNER is exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein as to any phase of the PROPERTY for which they do not act as developer and that the CITY will look solely to the party who develops such phase for such performance. 37 Submitted to Village On May 25, 2007 40. OWNER'S CONTINUED OPERATIONS. OWNER shall be permitted to continue the operation of a farm upon all or any part of the PROPERTY as a farm until each such part is developed pursuant to this Agreement. CITY agrees that during the pendency of any such operations, (i) no municipal sales tax shall be sought or collected by CITY from OWNER for any sales of farm produce from or upon the PROPERTY and (ii) OWNER may extend and use a temporary water line from the potable water main to be located within Route 34 for purposes of watering the farm of OWNER, and shall not be charged for connection to the water line. 41. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNER and its successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER, and the CITY. The obligations of OWNER hereunder with respect to the Commercial Parcels shall be binding on and inure to the benefit of any COMMERCIAL DEVELOPER of the Commercial Parcels. The foregoing to the contrary notwithstanding, the obligations and duties of OWNER hereunder shall not be deemed transferred to or assumed by any 38 Submitted to Village On May 25, 2007 purchaser of a empty lot or a lot improved with a dwelling unit in the Residential Parcels who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. All Terms and Conditions Contained Herein. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (1) If to OWNER: Drew Daniels Director of Development Sexton Companies 4415 W. Harrison Street Suite 535 Hillside IL 60162-1900 Tele: (708) 449-1250 Fax: (708) 449-0177 39 Submitted to Village On May 25, 2007 with copies to: Schain, Burney, Ross & Citron, Ltd 222 N. LaSalle Street, Suite 1910 Chicago, IL 60601 Tele: (312) 332-0200 Fax: (312) 332-4514 Attn: Robert C. Kenny (2) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, IL 60560 Tele: (630) 553-4350 Fax: (630) 553-7575 with a copy to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: City Attorney Tele: (630) 553-4350 Fax: (630) 553-8330 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. his Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNER shall take all action necessary or required to fulfill the intent of this 40 Submitted to Village On May 25, 2007 Agreement as to the use and development of the PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the PROPERTY not affected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNER, and their successors or assigns, to develop the PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years from the date of execution of this Agreement. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and OWNER. J. Captions and Paragrraph 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. 41 Submitted to Village On May 25, 2007 K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNER' s expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved 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, Yorkville-Bristol Sanitary District, or any other governmental agency that preempts the authority of the United City of Yorkville. 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 parries hereto. P. Legal Challenges. If for any reason and at any time, the annexation of the PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNER in the 42 Submitted to Village On May 25, 2007 vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the PROPERTY and/or other properties to the CITY so that the annexation of the PROPERTY to the CITY can be sustained and/or effected. Q. Major and Minor Modifications. Any modification to any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/ or design problems shall be deemed to be minor modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if determined by the CITY to be major modifications, shall require review by the CITY's Planning Commission and approval by the CITY Council. In no event shall such major modification require an amendment to this AGREEMENT. R. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the PROPERTY, the CITY and OWNER, including, but not limited to, county, state or federal regulatory bodies. 43 Submitted to Village On May 25, 2007 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: LASALLE NATIONAL TRUST, as Trustee under Trust # 47016 dated December 1, 1973 By: Its: 44 Submitted to Village On May 25, 2007 CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Its: Mayor ATTEST: By: Its: 45 Submitted to Village On May 25, 2007 LIST OF EXHIBITS EXHIBIT A PLAT OF ANNEXATION EXHIBIT B CONCEPT PUD PLAN EXHIBIT C BULK STANDARD WAIVERS EXHIBIT D DEVELOPMENT AREA PLAN EXHIBIT E APPLICABLE MUNICIPAL CODES List all applicable ordinances so there is no confusion in future EXHIBIT F BUILDING CODES EXHIBIT G FEE SCHEDULE EXHIBIT H YORKVILLE SCHOOL DISTRICT # 115 EXHIBIT I YORKVILLE UNIT SCHOOL DISTRICT # 88 EXHIBIT I SIGNAGE PLAN EXHIBIT K RECAPTURE AGREEMENT EXHIBIT L PRELIMINARY ENGINEERING REPORT 46 Submitted to Village On May 25, 2007 47 Submitted to Village On May 25, 2007 EXHIBIT K RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement") is made and entered as of the _ day of 2007, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("City") and an Illinois corporation ("Developer"). RECITALS: A. Developer is the owner and developer of that certain real estate development located within the corporate limits of the City and commonly known as _ Subdivision ("Subdivision"). B. Developer and the City have heretofore entered into that certain Annexation Agreement dated 2007 ("Annexation Agreement") pertaining to the annexation and development of the Subdivision within the City. C. Developer desires to recapture an allocable share of the costs of constructing certain of the public improvements for the Subdivision ('Recapture Items") which will provide benefit to other properties ("Benefited Properties"), from the owners of the Benefited Properties ('Benefited Owners"). D. Developer and the City are desirous of entering into this Agreement to provide for the fair and allocable recapture by Developer of the proportionate costs of the Recapture Items from the Benefited Owners, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto ('Recapture Schedule") . The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item ("Estimated Cost"). Developer shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the City in accordance with applicable ordinances of the City. 2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment 'B". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a 'Benefited Parcel". There are a total of ( _� Benefited Parcels as identified in the Recapture Schedule. 48 Submitted to Village On May 25, 2007 31 RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the City have determined will benefit a Benefited Parcel and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recaptured Costs". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of Developer at the rate of six percent (6%") per annum from the date the Recapture Item is completed by Developer until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owned thereon. 4. COLLECTION OF RECAPTURE COSTS, The City shall assess against and collect from the Benefited Owner of a Benefited Parcel, or any portion thereof, successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited Owner, or its agent or representative, annexes and/ or subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the City for issuance of a permit for connection to all or any of the Recapture Item by the City until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the City pursuant to this Agreement shall be paid to Developer, or such other person or entity as Developer may direct by written notice to the City, within thirty (30) days following collection thereof by the City. It is understood and agreed that the City' s obligation to reimburse Developer shall be limited to funds collected from the Benefited Owners as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the City to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The City and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefited Parcel. Neither the City nor any of its officials shall be liable in any manner for the failure to make such collections, and Developer agrees to hold the City, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, Developer and/ or the City may sue any Benefited Owner owing any Recapture Costs, hereunder for collection thereof, and in the event Developer initiates a collection lawsuit, the City agrees to cooperate in Developer's collection attempts hereunder by allowing full and free access to the City's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the City and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, Developer shall defend such litigation, including the interest of the City, and shall further release and hold the City harmless from any judgment entered against Developer and/or the City and shall further indemnify the City from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the City or any of its agents, officers or employees. 49 Submitted to Village On May 25, 2007 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the City to collect other fees and charges pursuant to City ordinances, resolutions, motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other City fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the City and no connection permit as aforesaid is issued by the City of such Benefit Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding gg ffect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Developer and any successor municipal corporation of the City. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded, at Developer' s expense, with the Kendall County Recorder' s office . This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or 50 Submitted to Village On May 25, 2007 certified mail, postage prepaid, return receipt requested, and addressed as follows: If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, IL 60560 Tele: (630) 5534350 Fax: (630) 553-7575 with a copy to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: City Attorney Tele: (630) 5534350 Fax: (630) 553-8330 If to DEVELOPER: Drew Daniels Director of Development Sexton Companies 4415 W. Harrison Street Suite 535 Hillside IL 60162-1900 Tele: (708) 449-1250 Fax: (708) 449-0177 with copy to: Schain, Burney, Ross & Citron, Ltd 222 N. LaSalle Street, Suite 1910 Chicago, IL 60601 Attn: Robert Kenny, Esq. Attorney for Developer Tele: (312) 332-0200 Fax: (312) 332-4514 F. Severability: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. G. Complete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto an no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be 51 Submitted to Village On May 25, 2007 deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for the convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. I. Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. J. Enforceability: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. DEVELOPER: LASALLE NATIONAL TRUST, as Trustee under Trust # 47016 dated December 1, 1973 By: Its: CITY: UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Its: Mayor ATTEST: By: Its: 52 PRELIMINARY ENGINEERING REPORT FOR ROB ROY FALLS "EXHIBIT L" U.S. ROUTE 34 BETWEEN ELDAMAIN ROAD AND CANNONBALL TRAIL UNITED UNITED CITY OF YORKVILLE, ILLINOIS PREPARED BY- C.M. Lavoie & Associates, Inc. 1050 West Route 126 Plainfield, Illinois 60544 (815) 254-0505 T (815) 436-5158 F PREPARED FOR: Sexton Development 4415 West Harrison Street, Suite 535 (708) 449-1250 T (708) 449-0177 F May 24, 2007 I, Michael D. Cook, a registered Professional Engineer in the State of Illinois, hereby certify this Preliminary Engineering Report was performed under my personal direction. Illinois Professional Engineer 062-052101 EXPIRES 11-30-2007 CML JOB# 06-245 Do Not Duplicate C. M. Lavoie and Associates, Inc. Consulting Civil Engineering, Land Planning, & Surveying Rob Roy Falls, CIVIL #06-245 Page 2 of 18 Preliminary Engineering Report Yorkville, Illinois TABLE OF CONTENTS LIST OF EXHIBITS 2 INTRODUCTION 3 EXISTING CONDITIONS 4 Traffic 4 Soils 5 Trees 5 Wetlands 5 Floodplain 6 Drainage 6 Sanitary Sewer 6 Water Main 7 PROPOSED CONDITIONS — Design Parameters 7 Tra 'c 7 Soils 8 Wetlands 9 Floodplain 9 Stormwater Management 9 Sanitary Sewer 11 Water Main 11 EXHIBIT 1 12 EXHIBIT 2 14 EXHIBIT 3 17 LIST OF EXHIBITS 1 . Aerial Photograph from TerraServer dated January 22, 2004 2. ALTA/ACSM Survey prepared by C.M. Lavoie & Associates, Inc. dated January 16, 2004 3. Existing Drain Tile Record Drawing prepared by Huddleston Land Drainage Services dated February 27, 2007 C.M. Lavoie & Associates, Inc. Consulting Engineering, Land Planning, & Surveying May 24, 2007 Rob Roy Falls, CML #06-245 Page 3 of 18 Preliminary Engineering Report Yorkville, Illinois INTRODUCTION The purpose of this report is to provide a general overview of existing and proposed preliminary engineering design parameters and constraints for an approximate 273 acre parcel currently located in Unincorporated Kendall County, Illinois with future annexation into the United City of Yorkville. The property is located within Sections 19 and 30 of Township 37 North and Range 7 East (Bristol Township) of the 3rd Principal Meridan. The following data sources were used in the analysis and in the preparation of this report, • ALTA/ACSM prepared by C.M. Lavoie & Associates, Inc. dated January 16, 2004 • Tree Survey for Rob Roy Falls prepared by C.M. Lavoie & Associates, Inc. last revised July 19, 2004 • Wetland Report for Rob Roy Falls prepared by Planning Resources, Inc. dated November 2006 • Field Reconnaissance and interviews with property owners / farmers by C.M. Lavoie & Associates, Inc. • Agricultural Exsiting Drain Tile Investigation Plan prepared by Huddleston Land Drainage Services dated February 27, 2007 • Preliminary Subsurface Investigation and Geotechnical Engineering Analysis and Evaluation for the Sexton Companies 275 acre project — Yorkville, IL prepared by SEECO Consultants, Inc. dated January 27, 2004 • Fox Hills Lift Station calculations prepared by Metropolitan Pump Company dated June 13, 2004 • Interim Hydrologic and Hydraulic Analysis of Rob Roy Creek prepared by Engineering Enterprises, Inc. revised January 2005 • USGS Yorkville Quadrangle, IL 7.5 Minute Quadrangle, dated 1993 • Stormwater Management Analysis and Report for Rush-Copley Healthcare Center — Phase I prepared by CEMCON, Ltd. last revised May 11 , 2007 • Final Site Development Plans for Rush-Copley Healthcare Center — Phase 1 (Water Main, Sanitary Sewer, Parking Lot & Driveway, Pavements, Erosion & Sedimentation Control, Drainage & Stormwater Management Improvements prepared by CEMCON, Ltd. last revised May 17, 2007 • Street Pavement Improvement Plans for Rush-Copley Healthcare Center Driveway B Intersection with US Route 34 prepared by CEMCON, Ltd. last revised March 19, 2007 • Final Engineering Plans for Kendall Marketplace — Commercial prepared by Smith Engineering Consultants, Inc. last revised March 29, 2007 • Beecher Road Improvements prepared by Smith Engineering Consultants, Inc. last revised May 9, 2007 • Plan of Proposed Improvements — Cobblestone Retail Center prepared by JAS Associates, Inc. dated January 22, 2007 C.M. Lavoie & Associates, Inc. Consulting Engineering, Land Planning, & surveying May 24, 2007 Rob Roy Falls, CML #06-245 Page 4 of 18 Preliminary Engineering Report Yorkville, Illinois • Resolution for the United United City of Yorkville Standard Specifications for Improvements, Resolution No. 2004-39 • United United City of Yorkville Subdivision Control Ordinance — Ordinance No. 2004-52, adopted 09-28-04 • ISWS/CIR-172/89 Circular 172, Frequency Distributions of Heavy Rainstorms in Illinois dated 1989 prepared by Floyd A. Huff and James R. Angel EXISTING CONDITIONS The current site is gently rolling and is separated by Rob Roy Creek flowing from north to south. The tree lined creek has its ultimate outfall to the Fox River approximately one mile to the south of the property. There a several buildings located along US Route 34 between Sycamore Drive and Diehl Farm Road and property is currently being farmed. Tra 'c US Route 34, under the jurisdiction of the Illinois Department of Transportation (IDOT) District 3, bounds the site along its south boundary line for approximately one (1 ) mile. A commercial development called Cobblestone North is currently in its initial planning stages and will located at the northeast corner of US Route 34 and Eldamain Road. East of the subject propery is a commercial development known as Kendall Marketplace and is currently under construction. US Route 34 has been determined to be a Strategic Regional Arterial (SRA) route by IDOT and improvements are currently designed to widen the road from a 2 lane road to a 5 lane road with curb and gutter in accordance with IDOT requirements. A meeting in March 2007 with IDOT at their District 3 headquarters was attended by the United City of Yorkville along with the various developers along US Route 34 corridor from Eldamain Road to Cannonball Trail. Traffic signal spacing and access locations were coordinated with IDOT for the different developments occurring along this corridor. Engineering plans are at various stages of design with initial construction likely to begin in the Fall 2007 starting with the Kendall Marketplace development. An existing residential subdivision called Fox Hills is located immediately south of the subject site opposite Sycamore Drive. Another existing street immediately south of the property is Diehl Farm Road which also services the Fox Hills Subdivision and retail center located at the southwest corner of this intersection. Both Sycamore Drive and Diehl Farm Road are currently public streets owned and maintained by the United City of Yorkville. A proposed medical facility is being developed by the Rush-Copley Healthcare Center and will be immediately south of Rob Roy Falls and east of the Fox Hills Subdivision. A proposed development called Cobblestone Retail Center is being planned at the southeast corner of Eldamain Road and US Route 34. C.M. Lavoie & Associates, Inc. - Consul5ng Engineering, Land Planning, & Surveying May 24, 2007 Rob Roy Falls, CML 4106-245 Page 5 of 18 Preliminary Engineering Report Yorkville, Illinois Proposed Beecher Road is currently being designed by the developers of Kendall Marketplace and the Rush-Copley Healthcare Center. A traffic signal is being designed at the intersection of US Route 34 and Beecher Road by the developer of Kendall Marketplace. This road will contain a 100 foot right-of-way and will be an arterial route under the jurisdiction of the United City of Yorkville with a hopeful connection to Faxon Road to the north and a potention bridge crossing at the Fox River to the south. Soils A subsurface soil exploration report was completed by SEECO Consultants, Inc. on January 27, 2004. The project site was located on the Illinois State Geological Survey Circular No. 460, Plate I (Surficial Geology of the Chicago Region). Soils in the majority of the project site have been assigned to the Batavia Member of the Henry Formation which was deposited during the Woodfordian Substage of Wisconsinan continental glaciations during the Pleistocene Epoch. The native soils are comprised of sand and gravel, well sorted; deposits in uplands; deposits of glacial meltwater rivers and streams in outwash plains. The northwestern portion of the site are described as mostly gray to dark gray clayey till; locally silty clay till. It contains abundant small pebbles, local lenses of silt, and less commonly lenses of sand and gravel. Most of this site consists of glacial silty clay till overlaying ice contact deposits consisting of predominantly of medium dense poorly graded brown fine to medium grained sand to medium dense well graded brown fine to coarse grained sand and gravel. Trees A tree survey was completed by C.M. Lavoie & Associates, Inc. in 2004 with a total of 547 trees eight (S) inches and larger being tagged on the subject property. A majority of the species were identified as box elders located adjacent to Rob Roy Creek. There are also several larger trees surrounding the existing buildings located on the property immediately north of US Route 34. Wetlands A Wetland Report was completed by Planning Resourses, Inc. in November 2006 and four (4) separate small wetland areas were delineated along Rob Roy Creek (Waters of the United States) with an additional two (2) farmed wetland areas coinciding with the aforementioned depressional areas located along the east property line. The wetland areas are delineated on Exhibit 4 of the Wetland Report. Rob Roy Creek is listed as a Class B Stream in the Biological Stream Characterization (IEPA 1996); therefore, the report categorized Rob Roy Creek as a Highly Valued Aquatic Resource (HQAR) under the City of Yorkville's criteria. C.M. Lavoie & Associates, Inc. Consulting Engineering, Land Planning, & surveying May 24, 2007 Rob Roy Falls, CML #06-245 Page 6 of 18 Preliminary Engineering Report Yorkville, Illinois The wetland report was submitted to the Rock Island District, Corps of Engineers for a jurisdictional determination. In accordance with the Corps of Engineers review of the Wetland Report dated November 24, 2006, a jurisdication determination letter dated December 12, 2006 stated only the areas along Rob Roy Creek to be jurisdictional. These wetlands are identified as jurisdictional and any impacts would fall under Section 404 permitting. The remaining farmed wetlands (Wetlands E and F) would fall under the jurisdiction of the United City of Yorkville. Flood llain Floodplain and floodway information has been determined by Engineering Enterprises, Inc. (EEI) along Rob Roy Creek on behalf of the United City of Yorkville. The flow data and base flood elevations have been approved by the Illinois Department of Natural Resources (IDNR). The current 100 year base flood elevations as shown within the EEI study vary from 633.11 near the north property line to 628.09 immediately upstream of the culvert beneath US Route 34. Floodway also has been delineated by EEI in this section of Roy Roy Creek. The creation of final floodplain and floodway boundaries through the Federal Emergency Management Agency (FEMA) of this watershed will likely occur when all contiguous properties have been developed along the Rob Roy Creek corridor within the City's corporate limits. Drainage The site is currently cultivated farmland with two (2) depressional storage areas located near the southeast corner of the site. The southeasterly depressional storage area is currently collected by a catch basin and drained by a 10 inch concrete pipe as shown on the Existing Drain Tile Record Drawing prepared by Huddleston Land Drainage Services dated February 27, 2007. This current pipe discharges to the existing field tiles within the property located immediately south currently being developed as a medical facilty by Rush-Copley Healthcare Center. An additional 6 inch diameter clay drain tile was located immediately west of the existing buildings and discharges directly into Rob Roy Creek. Sanitary Sewer The site will need to be annexed into the Yorkville-Bristol Sanitary District prior to any connections. An exclusive sewer easement was granted by Sexton Development to the sanitary district for the installation of a 36 inch sanitary sewer interceptor along the east property line. This interceptor sewer is tributary to the district's treatment facility along River Road adjacent to the Fox River. An existing lift station was designed south of the Cobblestone Retail Center located at the southeast corner of Eldamain Road and US Route 34. The lift station was designed C.M. Lavoie & Associates,Inc. Consulting Engineering, Land Planning, & surveying May 24, 2007 Rob Roy Falls, CML 1106-245 Page 7 of 18 Preliminary Engineering Report Yorkville, Illinois by Smith Engineering Consultants, Inc., supplied by Metropolitan Pump Company and was brought on-line in December 2006. The current design of the station has a capacity of 395 gallons per day with a total dynamic head of 48 feet. The station discharges through a 6 inch diameter forcemain and has a current population equivalent of 1,550. Per a recent telephone conversation with Mr. Ken Turnquist of Metropolitan Industries, Inc., the aforementioned design information was discuss and the extent of the current service area is unknown at the time of this report. Water Main An existing 16 inch water main is located south of US Route 34 within the Fox Hills Subdivision. Per Final Engineering Plans for the Kendall Marketplace development east of the subject site, a proposed 16 inch water main will be brought to the west side of Beecher Road. This project is currently under construction. Two (2) distinct pressure zones exist adjacent to the property and the delineation line between the two is US Route 34. PROPOSED CONDITIONS — Design Parameters The proposed 273 acre Planned Unit Development (PUD) will contain a mix of three main land uses. Single family homes and multifamily homes will be located along the north half of the project along with various recreational and commercial facilities as defined in the Concept Plan Map prepared by Rolf C. Campbell & Associates, Inc. dated May 23, 2007. Traffic As denoted in the Concept Plan Map, there are four (4) proposed traffic signals along US Route 34. As mentioned previously, US Route 34 is considered an SRA route and the signal spacing was concurred in concept by IDOT in a meeting at their offices in March 2007. The primary access location to the proposed project will be opposite Diehl Farm Road with a proposed four legged intersection. The second signal is proposed opposite the main entrance to the Cobblestone Retail Center. This location has been coordinated with the developer across the street. Sexton Development will also allow an access easement near the southwest corner of their property for the small commercial property to utilize this proposed signal to gain full access to US Route 34. Another signal is proposed opposite Sycamore Road which services the Fox Hills Subdivision. Upon recent discussions with the City Engineer, Mr. Joe Wywrot, it is the intentions of the developer to expedite the Intersection Design Study (IDS) and warrant analysis to get a signal installed in early 2008 since this location has become a priority with the City of Yorkville. The fourth and final signal is proposed opposite the entrance for the Rush-Copley Healthcare Center. CEMCON, Ltd. is currently engineering improvements for this developer and the location is based off of their current plans supplied by their office. C.M. Lavoie & Associates, Inc. Consulting Engineering, Land Planning, & surveying May 24, 2007 Rob Roy Falls, CML #06-245 Page 8 of 18 Preliminary Engineering Report Yorkville, Illinois Any and all improvements along US Route 34 fall under the jurisdiction of IDOT. IDOT will not issue any permits for construction until traffic studies and intersection design studies are completed, final engineering plans are approved and proper right of way is conveyed to the State of Illinois. As stated previously, Beecher Road plans are being designed by the developers of Kendall Marketplace and Rush-Copley Healthcare Center. Sexton Development will be responsible to design and install improvements for Beecher Road that fall within their current property limits. The 100 foot right of way will consist of a boulevard section and will be 70 feet from back of curb to back of curb. All streets within the proposed PUD development will be privately owned and maintained. The only public roadway that will be conveyed to the United City of Yorkville will be Beecher Road. An additional 25 feet of right of way dedication (for a half right of way width of 75 feet from the centerline) will be required along the entire length of US Route 34. Soils Since the site is currently being farmed, all eighteen (18) borings contained topsoil with an average thickness of nearly 16 inches. The topsoil will be stripped from all pavement and building areas and at least 10 feet beyond the perimeter of all building foundation pads. The topsoil will be stockpiled at a suitable location for future redistribution on the site. The commercial buildings will most likely be slabs on grade and preparation should be consistent with the procedures for Floor Slab Design as denoted in the Preliminary Soils Report prepared by SEECO Consultants, Inc. The building pad areas will be required to pass a proof roll test and engineered silty clay fill or sand fill will be placed in loose 9 inch lifts and compacted to a minimum of 95% of maximum density in accordance with ASTM D 1557-00. All topsoil must be completely stripped before the placement of engineered fill. In the proposed residential areas, foundation designs will need to in accordance with the recommendations set forth in the aforementioned soils report. The proposed footings will be founded below all topsoil materials and supported on virgin inorganic stiff to very stiff brown to brown and gray silty clay or loose to dense poorly graded sand to well graded sand and gravel soils. The footings will be installed at a minimum of 42 inches below proposed grades to avoid frost conditions. Stormwater management facilities will be proposed on the development. In general the site has clay overlying cohesionless sand and gravel soils. The detention areas in locations where wet basins are preferred, a minimum two (2) foot thick clay liner will be C.M. Lavoie & Associates, Inc. Consulting Engineering, Land Planning, & surveying May 24, 2007 Rob Roy Falls, CML #06-245 Page 9 of 18 Preliminary Engineering Report Yorkville, Illinois provided to keep the basins wet. The maximum coefficient of permeability of the compacted clay soils should be 1 X 10-3 cm/sec or less, per USEPA and IEPA criteria. Wetlands Per the jursidication determination letter, the Corps of Engineers is taking jurisdiction only over Rob Roy Creek. Since no impacts are proposed to the wetland areas along the creek, all of the wetlands on site are considered isolated and under jurisdiction of the United City of Yorkville. It is the intention of the wetland consultant, Planning Resources, Inc., to have a pre- submittal meeting with the United City of Yorkville. This meeting is mandatory because the site contains High Quality Aquatic Resources (i.e. Wetland A, Wetland C and Rob Roy Creek). It is the desire that the City of Yorkville will process the Wetland Permit Application as a Category VI (Farmed Wetland Impact). The wetland consultant will also be preparing a Stream Restoration Plan as the development proceeds. This plan will be designed to soften the creek to provide an increased ecological benefit for the project along with making the creek be an integral part of the development. This plan will likely involve the removal of several trees and increase the native plantings along the creek to create improved habitats for existing wildlife. Flo&lain The current concept plan is minimizing impacts to the existing floodplain. A proposed road crossing across Rob Roy Creek and a possible pedestrian bridge connection between the residential uses along the north side of the development will impact the flooplain. Any impacts to the existing floodplain along the creek will provide compensatory storage at a 1 :1 ratio for the filled portions of the floodplain and ensure no impacts will be made upstream or downstream of the proposed development regarding increases in base flood elevations for both the 10 year and 100 year storm events. On-line stormwater management (detention and floodplain storage in the same location) will be prohibited by the United City of Yorkville and will not be provided within the Rob Roy Creek watershed. The only utlity crossing at this time being proposed is the water main which will connect both sides of the property. This utility will be angered and encased beneath the creek bed and be in accordance with IDNR regulations for pipe crossings. Stormwater Management Due to the size and type of development, stormwater management facilities will be required for the development. The maximum release rate will be 0.15 cfs/acre for each C.M. Lavoie & Associates, Inc. Consulting Engineering, Land Planning, & surveying May 24, 2007 Rob Roy Falls, CML #06-245 Page 10 of 18 Preliminary Engineering Report Yorkville, Illinois proposed subcatchment area. The outlet structure design will address both the two- year (0.04 cfs/acre) and the 25-year (0.08 cfs/ac), in addition to the 100-year event. The rainfall data used in the computer model will be from the Illinois State Water Survey's Bulletin # 70 and will be consistent with the intensities shown within Figure 3 of the Standard Specifications for Improvements for the United City of Yorkville. A critical duration analysis will be completed for the 1, 3, 6, 12, 18, 24, and 48 hour storm events utilizing Huff Quartile Distributions. The site contains two (2) depressional storage areas near the southeast corner of the development. Compensatory storage for these depressional storage areas will be provided at a ratio of 1 :1 and will be located within the various stormwater management facilities throughout the development. The allowable 100 year release rate from the southeast corner of the project will be 0.15 cfs /acre for the proposed subcatchment or the pre-development release of the depressional area, whichever is ' less. The outfall pipe of this basin shall be directly connected to the proposed/under construction storm sewer located south of US Route 34 as depicted in the Final Site Development Plans for Rush-Copley Healthcare Center Phase 1 prepared by CEMCON, Ltd. last revised May 17, 2007 (specifically shown on Sheets 29 and 32 of 46). The cost of this storm sewer installation and crossing of US Route 34 will be solely at the expense of Sexton Development. The existing ridge line will be shifted further east based on mass grading of the project during final engineering of the project. This regrading will reduce the drainage area, volume requirements and outfall discharge to the southeast corner of the site and through the aforementioned storm sewer (proposed/under construction) located on the Rush-Copley site. All drainage re-directed to the stormwater management facilities along Rob Roy Creek need to be conveyed through gravity storm sewers and not by any mechanical means (i.e. pumping). In the event adequate surface areas can not be provided for the stormwater management facilities on the development site, the United City of Yorkville will allow concrete vault chambers beneath the proposed parking lot (i.e. StormTrap units) within the development. If brick pavers are proposed by Sexton Development and used within the parking lot (i.e. Unlock permeable pavers), the runoff coefficient allowed by the United City of Yorkville in calculating the stormwater requirement for the proposed subcatchment will be similar to grass as noted in the United City of Yorkville Subdivision Control Ordinance. The United City of Yorkville will allow a storage credit towards the C.M. Lavoie & Associates, Inc. Consulting Engineering, Land Planning, & Surveying May 24, 2007 Rob Roy Falls, CML #06-245 Page 11 of 18 Preliminary Engineering Report Yorkville, Illinois detention requirement within the CA-7 / CA-1 stone base subgrade at a 40% void ratio for all permeable pavers in the proposed subcatchment. Sanitary Sewer All areas west of Rob Roy Creek within the proposed development will be required to cross US Route 34 and connect to a proposed sanitary sewer located on the Cobblestone Retail Center. Per Sheet 11 of 18 on the plans entitled, Cobblestone Retail Center, prepared by JAS Associates, Inc. dated January 22, 2007, the connection will be made to San MH #11 with a rim elevation of 631 .50 and an invert elevation of 617.50. The proposed sewer through the Cobblestone Retail Center is conveyed to an existing lift station supplied by Metropolitan Pump Company and made operational in December 2006. At the time of this report further information will be required to determine if the current service area includes the proposed Rob Roy Falls development. If it does not, any upgrades to this lift station will be at the expense of Sexton Development. All areas east of Rob Roy Creek within the proposed development will be required to connect to the existing Yorkville-Bristol Sanitary District 36 interceptor sewer near the east property line. Any sewer mains on the site 8 inches and larger will be publically owned and maintained by the United City of Yorkville. Proper public utility and drainage easements will be provided during the Final Plat approval process. Sexton Development will be required to pay all permit connection fees and IEPA permitting fees for the project. Water Main All proposed water main connections will need to be made to the proposed / under construction 16 diameter ductile iron water mains (DIWM) shown along Beecher Road. Per Sheet 5 of 15 of the plans entitled, Beecher Road Road Improvement Plans, prepared by Smith Engineering Consultants, Inc. last revised May 9, 2007 the connections will be made to the 16 inch DIWM near Station 410+10 and near Station 417+30. The water main sizing through the proposed development will be extended to the west property line for a future connection by the development located at the northeast corner of Eldamain Road and US Route 34 (Cobblestone North). There will not be any connections made to the existing 16 inch DIWM within the Fox Hills Subdivision per the direction of the City Engineer since this system is located within a different pressure zone for the United City of Yorkville. C.M. Lavoie & Associates, Inc. Consulting Engineering, Land Planning, & surveying May 24, 2007 Rob Roy Falls, CML #06-245 Page 12 of 18 Preliminary Engineering Report Yorkville, Illinois EXHIBIT 1 Aerial Photograph from TerraServer dated January 22, 2004 C.M. Lavoie & Associates, Inc. Consulting Engineering, Land Planning, & Surveying May 24, 2007 f eta F=1 - SUBJECT SITE 4 �+ State Route 34` - A 14 s i A t . •PREPAREDBY CONSLUNG ENGINEER .( DEYELOPEDBY SCALE: 1" = 800, Revisions ROLF C.CAMPBELL&ASSOCIATES,INC. C.M.LAVOIE&ASSOCIATES,INC. SUBJECT SITEAND AERIAL PHOTOGRAPH 101 Waukegan Rd.-Suite 1000 1050 West Route 126 SEXTON DEVELOPMENT QUARTER MILE CONTEXT � . Lake Bluff, Illinois 60044 Plainfield,Illinois HILLSIDE, ILLINOIS U.S. ROUTE 3 4 PHONE:(847)735-1000 FAX:(847)735-1010 PHONE:(815)254-0505 FAX:(815)436-5158 Y O R K V I L L E , ILLINOIS 0 4 00' 8 00' 1,600' MAY 16 , 2007 Rob Roy Falls, CML #06-245 Page 14 of 18 Preliminary Engineering Report Yorkville, Illinois EXHIBIT 2 ALTA / ACSM Survey prepared by C.M. Lavoie & Associates, Inc. dated January 16, 2004 C.M. Lavoie & Associates, Inc. Consulting Engineering, Land Planning, & Surveying May 24, 2007 ALTA/ACSM LAND TITLE SURVEY ° "� "' "` mRxw CF RcIf A rM ME 4/.69' NCAS iWNO Gaff AT W N. 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F . v a cb"ttl"u"wacutonrcs a ] Od w Fy , a 1i tE SITE LOCAT/ON — '- PARCEL ONE: 111 h THAT PART IP ME SOUTH AN Of SECTION 19 AND THE NORTH 1/Z N' IAN, JQ TRIBED AS F NORM RANGE 2 EAST E THE THIRD PRINCIPAL MERIDIAN, SOUTHIBE - AS FOLLOWS BEGINNING AT AR CENTER OF SAID SECTION 19: HENCE 19.15' 8WM 00' 46' F EAST ALONG O WARIER LINE S F93 FEET,' THENCE NORM BJ' 55' W WEST 19 WE FEET F A IN PONT WHICH C 1910.58 FEET SOUTH 88' 3 9NIDING tpa L i 26' J20 HFST FROM ME PONT OF BEGINNING THENCE SOUW 8B' NET WEST 4y JS' fIVBIB O % ALONG SAID AGAIN LINE 204.60 FEET` MERGE SOUTH OZ' 08' M^ 15£Si 2489.1) - fEET TO ME PRESENT CENTER LINE OF U. S HIGHWAY Na J4,' THENCE EASTERLY /EGEND: $ _ ------ -. raro' Ig.gS' ^ ALONG SAID CENTER LINE 20F. FROM FEET TO A POINT ON SAID CENTER LINE WHICH 15 S NORM 84' 54' AS WEST REDM ON EAST LINE ER ME NORTHEAST 114 OF (0.00) RECORD INFORMATION SAID BECKON 30 (AS MEASURED ALONG ME CENTER LINE 0.t- SAID U. S HIGHWAY am MEASURED INFORMATION Na 34),- MENGE NORTH M' 0.5' 18' EAST AT RIGHT ANGLES TO $AID CENTER 'per LINE 2JI.00 FEET, MENCE SOUTH 84' 54' 42" EAST PARALLEL WIN SAID COMDR SECTION LINE +� �{, LINE 56571 FEET MERGE SOUM MY OS• 18^ WEST AT RIGHT ANGLES TO SAID CENTERLINE Lod° too CENTER LINE 211.00 FEET TO SAID CENTER LINE,' NLNCE SOUTH 84' 54' 420 EAST SETBACK LINE m ALONG SAID CENTER LINE 2520.99 FEFT TO ME EAST LINE OF ME NORTHEAST ® 114 OF SAID SECTION J0: MINCE NORTH 00' 39' 04' WEST ALONG SAID EAST EASEMENT LINE R ��G 60 LINE 419.15 FEET TO ME NORTHEAST CORNER OF SAID SECTOR JG THENCE EXISTING STORN INLET 1&45. $ dAvfY fR^ NORTH W' J9' 04' WEST ALONG ME EAST LINE OF ME SOUNEAST 114 DF SAID � EXISTING UTILITY POLE SECTION I8. 101.20 FEET,' NENCf SOUTH 89' TO' 56' NEST AT RIGHT ANGLES M a EXISRNG MANHOLE 3d�• ME UST DESCRIBED COURSE 227.21 FEET,' MENGE NORM 15' 08' 02" WEST a EXISTING FIRE HYDRANT =00 IOX92• 2 240.1 75 FEET TO A POINT W ME NORM LINE Der ME SOUTHEAST 114 DF O EXISTING CATCH BASIN SECTION 19 WHICH IS 1826.22 FEET NORM Be' 28' J2^ EAST FROM WE POINT OF —�— EXISTING SANITARY SEWER �iII BEGINNING; MENGE MUM B8' 28' 12' HEST ALONG SAID NORM LINE 1818.22 —J— EXISTING STORM SEWER -• FEET TO ME PONT OF BEGINNING: IN WE TOWNSHIP Of BRISTOL, K£NDALL —X— EXISTING FENCE CRGF' N COUNTY, ILLINOIS. —W— EXISTING OVERHEAD WIRE DO Or WALL PARCEL 2 124' S THAT PART OF WE SOUTH 1/2 OF SECIIW 19 AND WE NORTH 112 OF SWIION 3D EXISTING VALVE VAULT Bhp` - PAY LJ9' JG TOMWP 32 NORM, RANGE T, EAST OF WE THIRD PRINCIPAL MERIDIAN. EXISTING SIGN �t6' y !'----------------- AND DESCRIBED OUE EA i UN£ � OMS£CRW JO THENCE INTERSECTION �ONG WE CENTER -O- Vp„ '�E &MY( WALL —C— EXISTING UNDERGROUND GAS LINE _ OARAOB LINE OF SAID ROUTE OF SAID FEET FOR ME POINT OF BEGINNING THENCE — r — EXISTING UNDERGROUND TELEPHONE LINE W'� LIE BLOB NORTHERLY AT RIOT ANGLES W WE UST DESCRIBED COURSE 231 FEET,' WENCE — fi' NM - EXISRNG Wp 1ER MAIN - 29.04"- CwT�B SLDG CCRNER WESTERLY PARALLEL TO ME GENIER LINE OF STATE ROTE J4, 565.71 FEET,' 0.M' M WINCE SOUTHERLY AT RIGHT ANGLES TO ME LAST DESCRIBED COURSE 2J1 FEET EXISRNG URUTY BOX �� --- TO WE CENTER LINE OF SAID ROUTE 34: MENGE EASTERLY ALONG ME CENTER OO EXISRNG WELL LINE OF SAID RWIE 34, 56S7I FEET TO ME POINT OF BEGINNING, IN WE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS JOHN Y ,N i BQffS. 22..30 - - ® 9031' "-+ /jy CHICAGO XIll INSURANCE COMPANY 1. FELD SURVEY PERFORMED ON JANUARY IA 20D4. Cp fib- Q24.M b ,l M.V 2. PLAT REPRESENTS A BOUNDARY SURVEY OF A DESCRIPTOR SUPPLIED TO ME 16.10 °- 313 6591' m SURVEYOR BY ME CLIENT. '-.� , + 5 NIS PROFESSIONAL SERVICE CONFORMS TO WE CURRENT ILLINOIS MINIMUM 5 4 MIS IS TO CERTIFY MAT MIS MAP W PLAT AND ME SURVEY UPON WON IT STANDARDS FOR A BOUNDARY SURVEY. p \Iry S 0' , .50 IS BASED WERE MADE IN ACCORDANCE MTH MINIMUM STANDARD DETAIL \ REQUIREMENTS FOR ALTA/ACSM LAND TIRE SUAV w JGNTLY ESTABLISHED AND A NOT MAN IS MAX ONLY TO ME ORIGINALS 0 SUBS OF THE STARVE.: li ; ` 25 649' 9q,56• ADOPTED BY ALTA. ACSM AND NSPS IN 1999, AND INCLUDES ITEMS 2 4 AND 10 IS NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS W SUBSEQUENT ONNERS. 'MSO' OF TABLE A THEREOF. PURSUANT TO ME ACCURACY STANDARDS AS ADOPTED BY ALTA, NSPS AND ACSM AND IN EFFECT W ME DA IE DF THIS CERRFIOARW, S WE LOCATIONS QU UNOERCRWND UTILITIES SHOWN HEREON ARE BASED W UNDERSIGNED TURNER CERTIFIES MAT PROPER FIELD PROCEDURES, ME ABOVE GROUND SWUCTUWS AND RECORD DRAWNGS PROVIDED ME F a INSTRUMENTARW, AND ADEQUATE SURVEY PERSONNEL WERE EMPLOYED IN ORDER SURVEYOR. LOCATIONS OF UNDERGROUND URUTIES/SWUCNRES MAY VARY FROM '�� 1 TO ACHIEVE RESULTS COMPARABLE TO MOSE OUTLINED IN ME MINIMUM ANGLE LOCARWS SHOWN HEREON AD&WNAL BURIED URLIRES/STRUCTURES MAY BE DISTANCE, AND CLOSURE REQUIREMENTS FOR SURVEY MEASUREMENTS WHICH ENCOUNTERED. NO EXCAVATIONS MERE MADE DURING ME PROGRESS OF THIS CONTROL LAND BOUNDARIES FOR ALTA/ACSM LAND RILE SURWYS- SURWY TO LOCATE BURIED UnLIMS/SMUCMRES BEFORE ANY SITE WORK/EXCAVATIONS ARE BEGUN CONTACT dULLE. AT 1-800-892-Ol AND ALL NECESSARYENTIRES. DA T.-JANUARY 16, 20N M„ ^ 6. NO ATTEMPT HAS BEEN MADE AS A PART OF MIS BOUNDARY SURVEY i0 - -- ._.--. - -- -`------ OBTAIN W SHOW DATA CONCERNING EXISILNCE, SIZE DEPTH CWOMM,, '" -" "".. CAPACITY, OR LOCATION OF ANY URUTYW MUNIGPA - "_- --- - - _ ____ �® L/PUBUC FACILITY FOR ..._... --__ _ INFWMATIW REGARDING THESE URCITIES OR FACTURES, CONTACT ME '���...... - + APPROPRIATE AGENCIES "" -.-. .. ' ILLINOS PROFESSIONAL LAND SURVEYOR J5-1312 wyi• ti +"<s' 7. NO AND LOCATION OF UTILITY SERVICE ONES TO ME PROPERTY SURVEYED) ARE "-- - ....,, - ----' --------------------- LICENSE RENEWAL/OA1E OF EXPIRATION: II-JO-04 UNKNOWN AND NOT SHORN. - , B SUBSURFACE AND ENNRONMENTAC CONDITIONS WERE NOT EXAMINED OR CONSIDERED AS A PARR OF- ND SURVEY. NO STATEMENT IS MADE CONCERNING ""^"'-- _ JOHN SEXTON COMPANIES THE EWDENCE E UNDERGROUND OR NT 0119MEAD CONTAINERS OR FACILITIES IMICH '""" MAY AFFECT WE USE OR DEVELOPMENT QU MIS PROPERTY. ,- - __ _ - ------------------------------ - - .,. D. B ROUTS" _____ ____ _ . . ....._..._..._... _.._._....._. YDRKNLtE,/I[1N015 Z 9. WIS SURVEY DOES NOT CWSTINTE A RILE SEARCH BY THE SURVEYOR. ALL w - - ---- - - - - ----- `-_-_---... -.,.,.,-,--,. - _ DRAWN BY: MAL CHECKED BY: RWS INFORMATION REGARDING REGGIO EASLMENTS ADJGNERS, AND OTHER "- - ------------------------------------------------ AL TAFAG`SM(AND TITLE SURVEY DOCUMENTS WICH MIGHT AFFECT ME QUALITY OF TI>IE OF ME PROPERTY C , --.-� SCALE: MB DATE: 014604 SHORN HEREON WAS GAINED FROM TIME COMMIT NUMBER 1410 000530695 KA JOB NUMBER: SHEEP: PREPARED BY CHICAGO TITLE INSURANCE COMPANY DATED OCTOBER 21, 2001 gy,Tig 2OFT cawmmeLSmRnelneM;ne a Wpa Plapu0'ASUrveTbg oAtE wsUPnoll 633 ROgm 5treG t a]-ISa PFA nIIF ep1CY O Gmve.Windt 60515 2 0 Cox; r L30113C M.Lavow& Anatit4i Two voce 63W342I50 ] Theo PMm me POlut�6 wae< �PYneht hwe pt StMWW 3MU and fpcA�mw6i<. BUILDING DETAILS fax 630.A342Te1 . uM IN W IN uca coolly lw Wt mnWO<oon ttd/ot2pnvol lFt SAW Mpmvemenuaz aefinei 5 ioW<<an6act hlwvw the Pa®vxteod We Owom. MY UUOfOm Plw,irclud'meatuBS 6 .na.penlfi<.enneb<nn+nnct.nawrtpfvmatiqul hem.notatseNnain W+e.e pl.n,. C .M. L.naeNVe.Ot,he T <aotanw a vimationdwe Pnginw:copydifto of the t plw Nit is pmNtt¢a. e Rob Roy Falls, CML #06-245 Page 17 of 18 Preliminary Engineering Report Yorkville, Illinois EXHIBIT 3 Existing Drain Tile Record Drawing prepared by Huddleston Land Drainage Services dated February 27, 2007 C.M. Lavoie & Associates, Inc. Consulting Engineering, Land Planning, & Surveying May 24, 2007 EXISTING SUBSURFACE AGRICULTURAL AGRICULTURAL EXISTING DRAIN TILE INVESTIGATION PLAN DRAIN TILE INVESTIGATION REPORT YORKVILLE PARCEL YORKVILLE PARCEL C.M.LAVOIE&ASSOC. PREPARED FOR C.M. LAVOIE A ASSOC. SECTIN NO. 19, OSWEGO TWP., KENDALL CO., IL. GRGNIRION dWNTND 1p: A ND u ,. - Y mu ANSrniPnow „� MRP LEGEND J � // : .. -- wErom�cwo �. C 11�7171 � S /° +°.a� ,uu,mnrsnrrncx ��a% �.a,.���n4n.. 5s����j�e pig — — _ {➢ $ NO : A. .uw.-m.u.eaMU.ww,....,mm°wnnbv��w.mvamr, °vie°Damnneasnw�aeumu.�nprs,...^vmi.iraaw °..„TOM HUDDLESTON z/zT/oT 2i2�ioT o °�” tl� YORKVILLE PARCEL C.M. LAVOIE & ASSOC. @ O EILIRTINO DRAIN TILE RECORD DRAWING TORERT SCHILLER,PROJECT MANAGER ..w„HUDDLESTON DRAINAGE MAPPING SVSTEM 8819 _ '916 s 31%' 1.s °0°� J.U.LI.E HUDDLESTON 1060 ROTE 126,PLAINFIELD,IL,60644 „"°^ °"'- °'^"°„° ^"'"'"'°^'"°•* "„�^E - --E�„° •a,,,,° AaNO,w uw TOM HUDDLESTON 2/27/07 °R&19 SUNNY/WARM-+9 „^1.70200' ^ONE OF ONE x6xTx �o o Alrvn 2e�eavl�Fs Q EMERGENCY ROB ROY FALLS ACCESS LEGEND PUBLIC PRIMARY DRIVE FOODPLAIN °� ■❑ SECONDARYDRIVE I. (ROB ROY CREEK) - j0 �Q ACCESS SERVICE DRIVE RESIDENTIAL tea` RESIDENTIAL ` ACCESS (SENIOR) QQ (ROB ROY CLUB) ■ EMERGENCY�D ACCESS ■ COM. ■ O ACCESS ■ ■ x xxxxxxxxxxxxxxxxx 0 ■ xxxxxxx x x x x x x x X x x ■ x ANCHOR ■ ANCHOR COMMERCIAL COMMERCIAL x COMMERCIAL ; FUTURE 0000000000000000000 ' COM. PRIMARY ACCESS ■ OUTLOTS o ' ■ O ■ (Traffic ■ O 0000 0 0 ■ O O 0 O O ° ANCHORCOM. °° ' COM. 0 FLOODPLAIN °° O PARKING ° ° 0 00 ACCESS QD O ■ ' OB ROY CREEK) 0 COM. 0 0 ° ° O° 00 O O 0 PARKING °0 O 0 000000 O ■ O O O O O O O O COM. O o 0 0 ° 0 0 COM. 0000000 0 COM. 0 LIFESTYLE 0 O ° ° ° 0 0 0 0 0 0 0 0 0° � COM. O CENTER O LI STYLE ■ COMMERCIAL CENTER COM. ■ OUTLOTS ACCESS � ■ (Traffic Signal) U S R O U T E ■ ACCESS 3 a m yETERAN ' S PARKWgy (Traffic Signal) PRIMARY ACCESS (Traffic Signal) ACCESS (Traffic Signal) . PREPAREDBE CONM2VVGENGNEEk DEPELOPEDBE ROLFC.CAMPBELL&ASSOCIATES,INC. C.M.LAVOIE&ASSOCIATES,INC. CONCEPT PLAN SCALE: 1" = 400' ReVI$IURB 101 Waukegan Rd.-Suite 1000 1050 West Route 126 SEXTON&ASSOCIATES ROB R 0 Y FALLS � . Lake Bluff Illinois 60044 Plainfield,lllinois HILLSIDE, ILLINOIS NW CORNER-U.S.ROUTE 34 &BEECHER RD. PHONE:(847)735-1000 FAX:(847)735-1010 PHONE:(815)754-0505 FAX(815)43&5158 Y O R K V I L L E , ILLINOIS 0 200' 4 00' 8 00' M A Y 2 3 , 2 0 0 7 ROB ROY FALLS �tv O nOnauarErtr ❑ O u'W Mn PCUa STATION AREA 13 0�I'77rr�1,,nn O ❑ ❑ O � '.��::? � D '�:;ww.<: � +I-BACAES � U ❑ i3 � � � 000 ❑ ❑ ❑ ❑ ❑ c� 8 O O O O Q �] O ��-y V � O O ❑ ❑ ❑ (] O ❑ �A� ff � P] H ��ynr � � 11 ROB ROY CLUB ., SENIOR COMMUNITY ❑ ❑ ❑ ❑ ❑O i V � m V ............................................................:.... onrennon ........... O 6 w RL11n rymn rym❑ MEIN. �i UXDi �J o ovnar \ �V I+iJ ETD LyJ DETENTION \ OOIIOT P OUTDOOR - anvE DETENTION �� KENDALL \ °T MARRET1rIACE ,o 0 i \ oUx.(/P AMR HOT a L P IIN,Xpp \ OUO.01' saw.E OUD.Of \\ r < I OVIfUT ° DVnnr n 11 Is, , I ODU.OT s e 1 D °8'0T er%.'1' of ✓ °p� xVmf WnOi IN °UTIDT K DETENTION X u� olmor < W a Wo A m r A IT A y W �e r . PREPARBDBP. CONRGLONGBNGLNEfiR DEVELOPED BV. SCALE. 1" = wo Revisions ROLF C.CAMPBELL&ASSOCIATES,INC. C.M-LAVOIE&ASSOCIATES,INC. CONCEPTUAL PLANNED UMTDEVELOPM0TPLAN 101 Waukegan Rd.-Suite 1000 1050 West Route 126 SEXTON&ASSOCIATES ROB ROT FALLS-EXHIBIT D-1 � . Lake B14 Illinois 60044 Plainfield,Illinois HILLSIDE, ILLINOIS U.S. ROUTE 34 PHONE(earl nslaao FAX(847)735-1010 PHONE:(815)154.0505 PAX:(815)4365156 Y O R K V I L L E , ILLINOIS 2�, 800 JUNE 1 6 , 2 0 0 7 0 United City of Yorkville Memo 800 Game Farm Road EST sae Yorkville, Illinois 60560 ti Telephone: 630-553-8545 o �� o• Fax: 630-553-3436 �<CE 1Vy Date: July 3 , 2007 To: Plan Commission From: Travis Miller, Community Development Director Cc: Annette Williams, Administrative Assistant (for distribution) Subject: Rob Roy Falls Annexation and Concept PUD General Comments Comprehensive Plan Recommendations for Property The uses proposed substantially comply with the recommendations of the Comprehensive Plan. The Comprehensive Plan Land Use Plan for the area recommends an approximately 1 ,320 ( 1 /4 mile) wide Commercial corridor along Route 34 with the exception of the area directly east of the Rob Roy Creek which is recommended for Suburban Neighborhood. The remaining portion of the property to the north is recommended to be Suburban Neighborhood (gross density 1 .5-2.25 units per acre). Park/Open Space land use is recommended along the Rob Roy Creek corridor flowing north to south across the property. The Comprehensive Plan also recommends Beecher Road to cross the western portion of this property as depicted by the plans submitted. PUD Concept Plan Comments Density: There are two residential zones proposed within the PUD: 76 acre age-targeted senior development with approximate density of 4 units/acre (R-3 Zoning) Staff comment: The proposed density greatly exceeds the recommended Suburban Neighborhood density of 1 .5-2.25 units per acre. Staff recommends this area be age-`restricted' as opposed to age-`targeted' and for the PUD agreement to include specific architectural design guidelines for the residential units. 71 acre private non-equity residential club (described as a country club environment without a golf course) with approximate density of 5.5 units/acre (R-4 Zoning) Staff comment: The proposed density greatly exceeds the recommended Suburban Neighborhood density of 1 .5-2.25 units per acre. Staff recommends the PUD agreement to include specific architectural design guidelines for the residential units and a minimum amount of area be designated in the PUD agreement to remain open space (recommend 50%) within the Rob Roy club area excluding the detention area. Transportation: The access points proposed on the Concept Plan from Route 34 and Beecher Road are appropriately spaced to align with adjacent property access points and are consistent with IDOT spacing standards (Route 34). Faxon Road extension: Staff recommends the Senior land use (north west portion of PUD) be modified to accommodate a road alignment to allow the Faxon Road extension from the north cross the property into the Cobblestone North property to intersect with Eldamain Road approximately midway between Route 34 and Hoffman. Senior Community access: Staff noted the Senior Community will only have I means of ingress/egress as proposed. Additional access points to this land use area should be considered and required to be installed when the senior area is populated in the event surrounding properties remain undeveloped at the time the senior area is completed. 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 6301 466.9350 FAX: 630 / 466.9380 www.eeiweb.com Enginearing Enterprises, t"c- June 25, 2007 Mr. Joseph A. Wywrot, P. E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Rob Roy Falls Development Proposed Annexation Comments United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed the proposed annexation agreement language that was included in the Concept PUD Submittal and Annexation Petition for Rob Roy Falls Development prepared by Rolf C. Campbell & Associates, Inc. and C. M. Lavoie & Associates dated May 25, 2007. The purpose of this review is to assist in identifying areas where discussion of the terms of agreement is, in our opinion, warranted. We offer the following comments: ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT 1 . Many of the referenced exhibits were not included in the proposed agreement. 2. Recital "M" commits the City to the creation of an SSA and Business District. 3. On page 5, Section P-4 "Concept Plan", we recommend further discussion to allow for the possible re-routing of Faxon Road through the northern area of this development. 4. On Page 7, the exhibit referred to in P-6 elucidating the "Departures from Local Codes" was not included in the submittal, 5. On page 7, P-8 places the responsibility for obtaining off-site water main easements upon the City. In this same section, the responsibility for off-site street related improvements also appears to be placed upon the City. 6. On page 8, P-9A. The discussion regarding water could contemplate participation (construction or funding) in a PRV station so that the connection could be made Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr. Joseph A. Wywrot June 25, 2007 Page 12 to the south side of Route 34. This section again seems to place much of the utility development burden on the City. 7. On page 10, the recapture language regarding Fox Hill places any responsibility for payment to Fox Hill upon the City. (Appears again in P-2513, page 28) 8. On page 10, P-10A, regarding the posting of securities, the language implies that private improvements will not require security to be posted. It is my belief that private roadways, parking lots and the utilities associated with them have been covered previously under letters of credit. 9. On page 17, P-1 3C, the use of wastewater holding tanks is discouraged. 10. On page 22, P-19 seeks occupancy of production line units with temporary services. 11 . Again on page 25, P-23 contemplates the funding of public improvements via an SSA. 12. On page 29, P-26C seeks the ability to install foundations prior to final plat and final engineering approval, at the Owner's risk. We discourage this practice (reference Villas at the Preserve). The items mentioned above are the agreement terms that we feel merit additional clarification and review prior to acceptance. Additional items may present themselves when the exhibits are completed and inserted into the document. These comments have been prepared for staff use only. If you have any questions regarding the above or require additional information, please feel free to contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. &)AN, ez,&4i� William E. Dunn, P. E. Senior Project Manager p. c. : Bart Olson, Acting City Administrator Travis Miller, Community Development Director Charles Wunder, Urban Planner JWF, EEI G'PU^fclYorkvii�o`$003:Y00 3 i9 Rol) Rov Falls iRex;nnt� o0ilwywmt03agreemen' doc y J f EnC � n p Lj -- py uLmlr'PI3 rl . o Falls _ % 4�i i , i, / 2 - _. .' ,i 1 - ppf,16 XFFiPeaWgCO I.LA r,•a SM,.Y IE.p'C .L IIYMIWIULIICICeIpUWICCD MpW I.% / �'� IIIP61nMl Lµ0 ]i% - .R I. MAPCMM INAL I __ —1 NPLCWA91ixPt1(s ILLO LL% v - P,IIP.n"PACE L350 4111.R.M - PRW . PLAxxn.AMABUJMAPV ERE R,EnelMTp4 AREA PER .Sl'B(1/'l'I:pIM1C/I i,Y d.K\'U<1A71.'.5/.Y(' � vmrvLLe_anwEae PawmARYA6REeveM PoIF411AL 4ESM LlE Ia I,LSlvxYnnlA to lJfn ;I\ The United City Of Yorkville aaoal�a cN 1 m raz 800 Game Farm Rd COMPREHENSIVE PLAN aems•LU aol, Yorkv'We.IL 60560 UNITED CITY OF YORKVILLE 6305534350 ILLINGIS 111.�I•I UpmirvPLm l'nn .�-., . .. I United City of Yorkville LI . Zi 800 Game Farm Road If Yorkville, Illinois 60560 % Telephone: 630-553-4350 Fax: 630-553-7575 APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name: Lot 2 Meyers SubdivisiorpateofSubmission: -�if { S /0 "1 Requesting: ®(Annexation 0 Zoning 0 Planned Unit Development 0 Special Use: 1 . Name ofPetitioner(s): Charles & Jacquelyn Briguglio Address: 10940 River Road Plano IL 60545 Phone Number: 553-3353 Fax Number: 553-3353 Email Address: CJRRIGIIC71 I0@SRCGnI RAI NFT Relationship of Petitioner(s) to subject property: Iff Owner 0 Developer 0 Contract Purchaser 2 Name of holder of legal title, if different from #1 : If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: Charles and Jacquelyn Briguglio 3 a) (i) Street address and physical location of subject property: 10940 River Rodd (ii) Zoning of surrounding parcels: North: Kendall County R-3 One Family R sidpnrp Distrvrt South: River East: Kendall County R-3 One Fa mi.ly Residence District West: Kendall County R-3 One Family Residence District b). Legal description of property; attach as Exhibit "A" c) Total Acreage: III d) Kendall County Parcel Number(s) of property: 02-32- 100-012 e). Current Zoning Classification: Kendall County R-3 One Family ResiloWe Dist f) Zoning Classification Requested: R- 1 One Family Residence District g) . Is this property within City limits? Yes X No, requesting annexation Page I of United City of Yorkville Annexation.PUD,Zoning,Special Use Application Revised: 11/28/06 4 Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit "B" 5 List all governmental entities or agencies required to receive notice under Illinois law: 6 List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: N /A 7 Does a flood plain exist on the subject property? No 8 Do Electors reside on the subject property? Yes If so, they must execute this petition to annex , (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status ) 9 Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Daniel J Kramer 1107A S . Bridge Street , Yorkville , IL 60560 phone 553-9500 fax • 553-5764 Attorney: Name: Daniel J Kramer Address: 1107A S Bridge St Yorkville . IL 60560 Phone Number: 553-9500 Fax Number: 553-5764 Email Address: Dkramer @dankramerlaw . com Engineer: Name: None Address: Phone Number: Fax Number: Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: Page 2 of 5 United City of Yorkville Annexation,PUD,Zoningspecial Use Application Revised: 11/28/06 10, Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route, Step 1 , Fees" and/or contact the Deputy Clerk for verification of this amount) c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope. d One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) and site plan. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: y ! I C? Petitioner(s) Signature: (All legal property owners signatures must appear on this application,) Subscribed and sworn to before me this A th day of /_ 200 , Notary Seal THIS APPLICATION MUST BE NOTARIZED. Page 3 of United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 11/28/06 ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees` and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U S Army Corps of Engineers, etc , to allow timely review by City . `Fees: a Annexation or Annexation and Rezoning - $250 plus $10 per acre for each acre over 5 acres b, Rezoning only - $200 plus $10 per acre for each acre over 5 acres c. Special Use - $250 plus $10 per acre for each acre over 5 acres d Engineering Review Fees - 125% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer e . Planned Unit Development fee - $500 f Engineering Review Deposit - up to 1 acre = $ 1 ,000; over 1 acre but not over 10 = $2,500 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $10,000 over 100 acres = $20,000 g . Deposit for Outside Consultants - under 2 acres = $1 ,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i e. legal review, land planner, zoning coordinator, environmental, etc ) Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs , Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4" Thursday of the month at 9:30 a m in the City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director, Director of Parks and Recreation, Fire Department Rep, and Police Chief, Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in residential developments. The Park Board Planning Meeting is the fourth Thursday of each month at 7:00 p m , at the Riverfront Building, 301 E. Hydraulic Street, Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p m in the Council Chambers at City Hall , The Plan Commission will make a recommendation for the City Council's consideration The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner, A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date . A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified Page 4 or s United City of Yorkville Annexation,PUD,Zoning,5peeial Use Application Revised: 11/28/06 Step 5 - only required for annexation agreements or PUD agreements: City Council public hearing: The City Council meets the fourth Tuesday of the month at 7:00 p m in the Council Chambers at City Hall A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement Notice will be given by publication by the United City of Yorkville in the Kendall County Record A certified mailing to surrounding landowners is not required for this public hearing . Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council, Step 6: Economic Development Committee and Committee of the Whole: The Economic Development Committee and Committee of the Whole meets the third Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings . Step 7: City Council: The City Council meets the fourth Tuesday of the month at 7:00 p.m.. in the Council Chambers at City Hall, This is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: _ e) ( � o Vi4�4 4� il�vl/ Signature of Petit' er C/ Page 5 or 5 United City or Yorkville Annexation,PUD.Zoning,Special Use Application Revised: 11/28/06 Legal Description: Lot ? Myers Subdivision, Bristol Township, Kendall County, Illinois Lot 2 Myers Subdivision Bristol Township Kendall County Illinois 521 c� L' � 4 N lz /' gym.✓r� River Road J Logo' kf -•_ / ks _' — -- %3gg° _ AV- 1-1 a h � —6h rye o•� o o 79, 78 /2 1 0.734 _ pFox ( River o Indicates Imn Slake set o Indicafes Imn Slake Found State of Illinois :SS - ..._--._... . County of Kendall: This is to certify that we, .James M. Olson Associates, Ltd., Illinois Professional Land Survoyors have surveyed Lot 20 Myers Subdivision, BristofTownship, Kendall County, Illinois as shoJ✓n by the plat hereon drawn which Is a correct representation of said survey Dated at Yorkville, Illinois April 2, 1999 _19 James M Olson Illinois Professional Land Surveyor No 2253 James M. Olson Associates, Ltd 107 West Madison Street Yorkville, Illinois 60560 (630) 553-0050 G"aldn'e/l-Primus Na. Ak � cIT United City of Yorkville Memo 800 Game Farm Road Mr. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 09 p� Fax: 630-553-3436 ate rte`' Date: June 29, 2007 To: Plan Commission From: Travis Miller, Community Development Director Cc: Annette Williams, Administrative Assistant (for distribution) Subject: PC2007-19 Briguglio Annexation Request General Comments: - The property is contiguous to the City via the Fox River—it is directly north of corporate area south of the River. Comprehensive Plan Recommendations: The Comprehensive Plan Land Use Plan for the property recommends Park/Open space for the area this property is within. Generally south of River Road is recommended for Park/Open Space and north of River Road in this area is recommended for Estate Neighborhood land use. Staff Comments: 1. Annexation of this property will result in R-1 Zoning—the petitioner is not requesting a rezoning. 2. This property is located about 300 feet east of the Conover/Fisher property, of which the northern portion is currently being developed by Rush-Copley. During the Rush-Copley plan approval process, staff attempted to determine a route for their stormwater discharge to the Fox River, however this is currently on hold due to the phase 1 construction of the site being able to manage stormwater with a zero release design. Phase 2 will necessitate an outfall however and the lots in Myers subdivision are a possible route for this outfall. Staff recommends requiring the petitioner grant the following easements as part of the Annexation Agreement: a. A 15 feet wide permanent stormwater easement parallel to the east property line; b. A 50 feet wide temporary construction easement parallel to the east property line to allow for construction of a stormwater conveyance pipe from the River Road right-of-way to the Fox River. 1 3. The petitioner has indicated a willingness to grant the above easements provided the City agree to replenish any vegetation removed during the construction process. Staff recommends a commitment from the City to accommodate this request by identifying a maximum cost or tree quantity within the agreement. 2 Itis F ' J" ! 1 a f Brigu o p - .�. vr:r tiay.rDra nv_ � RI['Hann rnliNr. f - fe'� Y©RKNLLEAND : FVH 6Sf I'HL5LR" FORLSI nliiTRlDr rR�,rRRrr Y _ . rr �. a� - _ - - EsTA>tE NEacHSORwaoo �,sss..a 11..sa 1 �0.y�' e � � }.-� ¢i .. a-_ e Sl19WRBAN NEIt3X90RN06f1 5,t']tA �a.9a'r Y+ v of � e I + TRhWSITIt)WAL WEIR!@URNOO6 1,LL1A 15.SHe URBAN NEIGHBORHOOD TRADIT10NAL NEIGMBORNO00 2".oc 7.zJ`k \ COMMERCIAL 1.x69.4 1 1 IN=rRIRL "BID 1.2,6 I _ o 4FFSE7RE9ERRCXgN9U37R1lIL `woo -.o% PUBLM.xAKsI-PUBLIO`• 125A 1.m PARK IEW 5PACE 'AM 1&53 R M.TING ROADS - PROPOSED Rmm - - PROPOSED RLAWWING AREA BOUNDARY - SELFD RMINATR]WAREAPER SC:HOPPEUE OVASSOC'.IAYE5`INC � Y E-OBWEOOBOUNOANYkB1tEE1ENf reW c mnrr POTEwnAL RUN SRE miALIM"AR� 911M l000% i1e a,ltafA"17seM PH.reaw sfr assn _ ✓?S'#'fYJJ,ll OP31? F+I,Y'fA3117336-d(.3F A == wn ew The United City Of Yorkville PtCR H SCdIC MBERa `7 kdOpt¢d�SEPTEEMBER 10,2062 b00 Game Farm Rd COMPREHENSIVE PLAN REVISED ,2005 Yorkville,IL 60560 UNITED CITY OF YORKVILLE 63[-553-4350 ILLINOIS mm r4u c�a x e mgr. e.ra�• U u,Ile:i¢rge-7sm�3 c✓Sr lsoo�nnl.naue srs aaai rnlralrnrsrci a�nyuaion•appwy nan a sanpNIn.rlar5a 4 o o a 60r+ �, � Rush-Copley D G�cS Li l ¢ q C i7 r « uk NJOnnC CIO r3 C) 4� g �} LnE.} ` C?rJ �7iAr,C? 40 Qs�a�c❑ �3 1.-1.0[� U C�''�,1�7�`IC'S eD G El f 7 t a n fl L ir1 9 The Data is provided without warranty at any representation of x nited)r City of Yorkville GIs accuracy,timolinoss,or completaness.it Is the responsibility of the 1 Parcel Data and Aerial Photography "Requester'to determine accuracy,timeliness,completeness,and Provided By Kendall County GlS appropriateness of Its use.The United city of Yorkville makes no q warranties.expressed or implied,to the use of the data. s 'e'° c,r` United City of Yorkville County Seat of Kendall County ESQ 1836 800 Game Farm Road Yorkville, Illinois, 60560 Q li i 01 Telephone: 630-553-4350 Fax: 630-553-7264 E w Website: www.yorkville.il.us May 2, 2007 TO: Charles Wunder FROM: Anna B. Kurtzman, AICP SUBJECT: Briguglio Annexation—PC2007-19 Staff has reviewed the above application and plat of survey for compliance with the City's Zoning Code and offers the following comments: 1. The applicant is currently unincorporated and is seeking to annex to the City of Yorkville. Staff questions whether this property is contiguous to the municipal limits. How do the state statues regarding annexation define contiguous? The property immediately to the south, across the river, is within the City limits. How does the state statues address rivers? Can they be used to determine whether property is contiguous? 2. The petitioner is seeking to rezone the property to the City's R-1 zoning district. This property, as currently developed, does meet all bulk requirements of this district. \abk C: W.Dettmer,G.Williams filename: \\Coyserver\User Folders\AKurtzman\My Documents\Briguglio Annexation\application-plat review 5-2-07.doc STATE OF IL,L,INOIS ) July 2, 2007 COUNTY OF KENDALL ) AMENDED ANNEXATION AND RESTATED PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE FOR B & P PROPERTIES, LLC AN ILLINOIS LIMITED LIABILITY COMPANY THIS AGREEMENT is made and entered into this day of 2007 by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "City"), B & P PROPERTIES, LLC AN ILLINOIS LIMITED LIABILITY COMPANY, (hereinafter referred to as OWNER), of the County of Will, State of Illinois (hereinafter referred to as "DEVELOPER"). WITNESSETH WHEREAS, DEVELOPER is the CONTRACT PURCHASER of real property which is the subject matter of said Agreement comprising approximately 14.325 gross surveyed acres, more or less, and is more particularly described in the attached Exhibit "A", which is attached hereto and incorporated herein by reference and is hereinafter referenced as the "SUBJECT PROPERTY"; and WHEREAS, the subject real property is located within the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and the Subject Property was previously annexed to the United City of Yorkville under Document #2004-42; and WHEREAS, DEVELOPER desires to re-zone the SUBJECT PROPERTY described in 1 Exhibit "A" as a Planned unit Development, permitting the development of the SUBJECT PROPERTY for R-3 General Residence District uses as set out in Exhibit "B" attached hereto and incorporated herein by reference; in general terns pursuant to the Plan in Exhibit "B" attached hereto and incorporated herein by reference and which is entitled "Concept Plan" as prepared by Schoppe Design and dated May 11 , 2007; and WHEREAS the CITY and its Plan Commission has considered the Petition to Re-Zone the SUBJECT PROPERTY, and the CITY Council has heretofore approved the proposed land use and the zoning of the same at the request of DEVELOPER for R-3 General Residence District ; and WHEREAS, DEVELOPER has presented, and the CITY has considered, the Concept Plan for the SUBJECT PROPERTY herein described in the attached Exhibit `B" as R-3 General Residence District and to be in compliance with the CITY COMPREHENSIVE PLAN and the contemplated development of which will be a desirable addition to the CITY; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be zoned and developed in the CITY in an orderly manner; and WHEREAS, OWNER and DEVELOPER and their representatives have held a Public Hearing on 2007 in front of the CITY Plan Commission and in front of the CITY Council on , 2007, and prior to the execution of this AGREEMENT; all of said Public Hearing Notices, were duly published and public hearings were held to consider this AGREEMENT, as required by the statutes of the State of Illinois in such case made and provided; and 2 WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILLS 5/11 - 15 . 1 - 1 through 51 . 1 -5, inclusive, relating to Annexation/Planned Unit Development Agreements, the parties hereto wish to enter into a binding agreement with respect to the fixture zoning and development of the SUBJECT PROPERTY and to provide for various other matters related directly or indirectly to the development of the SUBJECT PROPERTY in the fl tune, as authorized by, the provisions of' said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of' the CITY have held such public hearing and have taken all further action required by the provisions of and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Amendment / Planned Unit Development Agreement by the CITY . NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11- 15 . 1 - 1 through 65 ILLS 5/ 11 - 15 . 1 -5, as amended, as follows: A, ZONING. The CITY shall adopt an ordinance re-zoning the SUBJECT PROPERTY described herein in the attached Exhibit "A'; subject to the fluther terms of this Agreement as a Planned Unit Development, permitting the land uses set out as R-3 General Residence District in Exhibit `B" attached hereto and incorporated herein by reference. The granted zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth in the R-3 General Residence District. -3 - (i) That the SUBJECT PROPERTY shall be developed in substantial conformance with the attached Concept Plan, which is incorporated herein and made a part hereof by reference as Exhibit "C", as prepared and dated , 2007. However re-orientation of building foot prints or internal roadway or drive locations within the CITY Platting process shall be considered minor modifications that will not require further public, hearing. (iii) That in all respects, the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance, and all other applicable Ordinances except to the extent modified herein, (iv) DEVELOPER shall be required to dedicate Forty (40') Feet south from the Center Line of Corneils Road for roadway improvements purposes, and they contribute by way of City Roadway hrrpact Fee for improvement of roadway adjacent to the subject property pursuant to Ordinance calculations, B. The DEVELOPER, and its successors, and assigns hereby agree that prior to issuance of a building permit on the subject parcel, a site development plan shall be submitted and approved by the CITY Council of the United CITY of Yorkville, as well as DEVELOPER complying with the CITY Preliminary and Final Platting process without further public hearing. C. DEVELOPER shall pay CITY and School District Transition Fees pursuant to Ordinance. D. DEVELOPER shall be required by THE UNITED CITY OF YORKVILLE to hook-on to the CITY water and Sanitary Sewer System at the time of improving -4- the SUBJECT PROPERTY, and shall be responsible for main extensions to the SUBJECT PROPERTY if said mains do not touch the SUBJECT PROPERTY. E) Recaptuic Agreement for Road and Signalization hnnprovement Agreement and Ordinance apportioning the cost and payment responsibilities of DEVELOPER and any benefiting adjacent properties for the cost of said improvements as well as apportioning the cost thereof between DEVELOPER, the CITY, and the Illinois Department of Transportation forr Route 47 and Comeils Road signalization; and F. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNER and DEVELOPER 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, including, but not limited to, economic incentives, and shall have the same obligations as OWNER and DEVELOPER under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNER on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY, G. TIME OF THE ESSENCE. 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 -5- further understood and agreed by the parties that the successfiil consummation of this Agreement requires their continued cooperation. H. COVENANTS AND AGREEMENTS. 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 insure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. I. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and OWNERS of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said CITY, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. No Covenant or Agreement shall become binding on OWNER or DEVELOPER until DEVELOPER hereunder has closed the purchase of the SUBJECT PROPERTY by DEVELOPER fiom OWNER. J, NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If to the CITY: CITY Cleric 800 Game Farm Road Yorkville, IL 60560 With a copy to: Mike Roth 800 Game Farm Road Yorkville, IL 60560 -6- To DEVELOPER: B & P Properties, LLC 632 Rock Spring Road Naperville, IL 60565 With a copy to : Law Offices of Daniel J. Kramer' 1107A S . Bridge St, Yorkville, IL 60560 or to such other addresses as any party may from time to time designate in a written notice to the other parties, K. ENFORCEABILITY, This Agreement shall be enforceable in any court of competent ,jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. br the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here fi-om and the remaining portions thereof shall remain in full force and effect. L. 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 connect any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of X007 . —7— UNITED CITY OF YORKVILLE By: Valerie Burd, Mayor Attest: CITY Clerk Dated: DEVELOPER: B & P Properties, LLC By: Attest: Dated : Prepared by and Return to: Law Offices of Daniel J . Kramer I 107 S. Bridge Street Yorkville, Illinois 60560 630.553 , 9500 -8- EXHIBIT LIST Exhibit "A" Legal Description Exhibit `B" Concept Plan -9- United City of Yorkville �c O� 800 Ga1ne Farm Road Yorkville, Illinois 60560 Id N Telephone: 630-553 -4350 Fax: 630-553-7575 PC # 0 '7 - z z APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name: Date of Submission: Requesting: 0 Annexation :g Zoning 0 Planned Unit Development 0 Special Use: 1 , Name ofPetitioner(s): B & P Properties , Inc . , an Illinois Corporation Address: 632 Rock Spring Road Naperville , IL Phone Number: 630-988-3802 Fax Number: Email Address: hawkeyepartners @comcast , net Relationship of Petitioner(s) to subject property: D Owner tf Developer )l Contract Purchaser 2, Name of holder of legal tide, if different from #1 : Julie Ann Morelli Dec . of Trust & Yorkville Lodge If legal title is held in a Land Trust, list the names of all holders of any beneficial interest #2371 therein: Julie Ann Morelli 3. a). (i). Street address and physical location of subject property: Coreeils Road , Yorkville , IL 60560 (ii). Zoning of surrounding parcels: North: County A- 1 Agricultural District South: County A- 1 Agricultural District East: R-2 One Family Residantial District West: County A- 1 Agricultural District b). Legal description of property; attach as Exhibit "A". c). Total Acreage: 14 . 325 d) Kendall County Parcel Number(s) of property: 02-17- 100-012 & 02- 17- 100-011 e) Current Zoning Classification: M- 1 Limited Manufacturing District f) Zoning Classification Requested: B -3 Service Business District g) Is this property within City limits ? X Yes No, requesting annexation Page I of United City of Yorkville Annexation.PUD.Zoning,Special Use Application Revised: 11128/06 10 Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route, Step i , Fees" and/or contact the Deputy Clerk for verification of this amount). c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope. d. One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) and site plan. In witness whereof the following petitioners) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: '-I J S 1 d o e�-7 Petitioner(s) Signature: (All legal property owners signatures must appear on this application.) Subscribed and swum to befo9WTARIZED.day of � 1 200 SEAL Notary Seal WURI U� rY ATE OF' I was IRES:10131110 TARIZED. Page 3 of 5 United City ofYorr'iville Annexation,PUD,Zo ning,Speciat Use Application Revised: 11126/06 Step 5 - only required for annexation agreements or PUD agreements: City Council public hearing: The City Council meets the fourth Tuesday of the month at 7:00 p m.. in the Council Chambers at City Hall, A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement, Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Step 6: Economic Development Committee and Committee of the Whole: The Economic Development Committee and Committee of the Whole meets the third Tuesday of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings,. Step 7: City Council: The City Council meets the fourth Tuesday of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the D puty Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: L X30 % Signatu ° ofPehtioner Page 5 of 5 United City of Yorkville Annexation,PUD,Zoning.Special Use Application Revised: 11/28/06 Legal Description The North 990,79 feet of the East 630,0 feet (as Measured along the North and East Lines) of the Northwest Quarter of Section 17, Township 37 North, Range 7 East of the Third Principal Meridian; excepting therefrom the North 645,0 feet of the East 559.98 feet (as measured along said North and East Lines) of' said Northwest Quarter; all in the City of Yorkville, Kendall County, Illinois, containing 6.036 acres, Legal Description The North 645.0 feet of the East 559.98 feet (as measured along the North and East Lines)of the Northwest Quarter of Section 17,Township 37 North,Range 7 East of the Third Principal Meridian in the City of Yorkville, Kendall County,Illinois,containing 8.289 acres. m O � n X 0 O3A � o cn y �C o w p mco. m -� „ so cn zycOO� Rt a0 � A osv�mi o y � mmrn D Gj oy � m < w z nzXOtn -i ab y -4rc U) n � r (jm Z o n5 � N � o N C7 r m m w m Z o h „6-,066 y C) x v I F� ' ---- 650---'` .0 � l N `41 O 120• 105 1 N � A 0 0 ,7r I i m - w v 1mr o e m 0 _ - m O Z �9 -1 p1 120' > o (' c o toy „ 125' m ° Zm < o '. - tma' r c d n `. . '0 A w N O m �y ch •j • N m vo - i ► lC � o y r n M ° 1 m ' o O S u � O ` • ° 105' N ^'..- o ,6-,066 _ _m 8f a O ; . .. o m O a y mO ; o m J o Z 1 , ww b t73�7 e � CONCGPTPLAN STATE OF ILLINOIS ) July 2,2007 COUNTY OF KENDALL ) AMENDED ANNEXATION AND RESTATED PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE FOR B & P PROPERTIES, LLC AN ILLINOIS LIMITED LIABILITY COMPANY THIS AGREEMENT is made and entered into this day of , 2007 by and between THE UNITED CITY OF YORKVILLE,Yorkville,Illinois, a municipal corporation, located in Kendall County, Illinois (hereinafter referred to as "City"), B &P PROPERTIES, LLC AN ILLINOIS LIMITED LIABILITY COMPANY, (hereinafter referred to as OWNER),of the County of Will, State of Illinois (hereinafter referred to as "DEVELOPER"). WITNESSETH WHEREAS, DEVELOPER is the CONTRACT PURCHASER of real property which is the subject matter of said Agreement comprising approximately 14.325 gross surveyed acres, more or less, and is more particularly described in the attached Exhibit"A",which is attached hereto and incorporated herein by reference and is hereinafter referenced as the"SUBJECT PROPERTY"; and WHEREAS,the subject real property is located within the corporate boundaries of the CITY; and is not located within the corporate boundaries of any other municipality; nor is any portion thereof classified as flood plain; and the Subject Property was previously annexed to the United City of Yorkville under Document#2004-42; and WHEREAS, DEVELOPER desires to re-zone the SUBJECT PROPERTY described in 1 Exhibit"A" as a Planned unit Development,permitting the development of the SUBJECT PROPERTY for R-3 General Residence District uses as set out in Exhibit "B"attached hereto and incorporated herein by reference; in general terms pursuant to the Plan in Exhibit "B" attached hereto and incorporated herein by reference and which is entitled"Concept Plan" as prepared by Schoppe Design and dated May 11, 2007; and WHEREAS the CITY and its Plan Commission has considered the Petition to Re-Zone the SUBJECT PROPERTY, and the CITY Council has heretofore approved the proposed land use and the zoning of the same at the request of DEVELOPER for R-3 General Residence District ; and WHEREAS, DEVELOPER has presented, and the CITY has considered, the Concept Plan for the SUBJECT PROPERTY herein described in the attached Exhibit"B" as R-3 General Residence District and to be in compliance with the CITY COMPREHENSIVE PLAN and the contemplated development of which will be a desirable addition to the CITY; and WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be zoned and developed in the CITY in an orderly manner; and WHEREAS, OWNER and DEVELOPER and their representatives have held a Public Hearing on , 2007 in front of the CITY Plan Commission and in front of the CITY Council on , 2007, and prior to the execution of this AGREEMENT; all of said Public Hearing Notices, were duly published and public hearings were held to consider this AGREEMENT, as required by the statutes of the State of Illinois in such case made and provided; and 2 WHEREAS,in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 51.1-5, inclusive, relating to Annexation/Planned Unit Development Agreements, the parties hereto wish to enter into a binding agreement with respect to the future zoning and development of the SUBJECT PROPERTY and to provide for various other matters related directly or indirectly to the development of the SUBJECT PROPERTY in the future, as authorized by, the provisions of said statutes; and WHEREAS,pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have held such public hearing and have taken all further action required by the provisions of and the ordinances of the CITY relating to the procedure for the authorization, approval and execution of this Annexation Amendment/ Planned Unit Development Agreement by the CITY. NOW THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties agree,under the terms and authority provided in 65 ILCS 5/11- 15.1-1 through 65 ILCS 5/11-15.1-5, as amended, as follows: A. ZONING. The CITY shall adopt an ordinance re-zoning the SUBJECT PROPERTY described herein in the attached Exhibit"A"; subject to the further terms of this Agreement as a Planned Unit Development,permitting the land uses set out as R-3 General Residence District in Exhibit"B"attached hereto and incorporated herein by reference. The granted zoning shall allow the uses, size, density, area, coverage, and maximum building heights as set forth in the R-3 General Residence District. —3— • (i) That the SUBJECT PROPERTY shall be developed in substantial conformance with the attached Concept Plan,which is incorporated herein and made a part hereof by reference as Exhibit"C", as prepared and dated ,2007. However re-orientation of building foot prints or internal roadway or drive locations within the CITY Platting process shall be considered minor modifications that will not require further public hearing. (ii) (iii) That in all respects, the subject development shall be in conformance with the terms and conditions of the Yorkville Zoning Ordinance, Subdivision Control Ordinance,and all other applicable Ordinances except to the extent modified herein. (iv) DEVELOPER shall be required to dedicate Forty(40')Feet south from the Center Line of Corneils Road for roadway improvements purposes, and they contribute by way of City Roadway Impact Fee for improvement of roadway adjacent to the subject property pursuant to Ordinance calculations. B. The DEVELOPER, and its successors, and assigns hereby agree that prior to issuance of a building permit on the subject parcel, a site development plan shall be submitted and approved by the CITY Council of the United CITY of Yorkville, as well as DEVELOPER complying with the CITY Preliminary and Final Platting process without further public hearing. C. DEVELOPER shall pay CITY and School District Transition Fees pursuant to Ordinance. D. DEVELOPER shall be required by THE UNITED CITY OF YORKVILLE to hook-on to the CITY water and Sanitary Sewer System at the time of improving —4— the SUBJECT PROPERTY, and shall be responsible for main extensions to the SUBJECT PROPERTY if said mains do not touch the SUBJECT PROPERTY. E) Recapture Agreement for Road and Signalization Improvement Agreement and Ordinance apportioning the cost and payment responsibilities of DEVELOPER and any benefiting adjacent properties for the cost of said improvements as well as apportioning the cost thereof between DEVELOPER, the CITY, and the Illinois Department of Transportation for Route 47 and Corneils Road signalization; and F. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is specifically understood and agreed that OWNER and DEVELOPER 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, including,but not limited to, economic incentives, and shall have the same obligations as OWNER and DEVELOPER under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNER on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. G. TIME OF THE ESSENCE. 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 —5— further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. H. COVENANTS AND AGREEMENTS. 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 insure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office, and is enforceable by order of the court pursuant to its provisions and the applicable statutes of the State of Illinois. I. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and OWNERS of record of land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal authorities of said CITY, so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. No Covenant or Agreement shall become binding on OWNER or DEVELOPER until DEVELOPER hereunder has closed the purchase of the SUBJECT PROPERTY by DEVELOPER from OWNER. J. NOTICE. Any notices required hereunder shall be in writing and shall be served upon any other party in writing and shall be delivered personally or sent by registered or certified mail, return receipt requested,postage prepaid, addressed as follows: If to the CITY: ITY Clerk C 800 Game Farm Road Yorkville, IL 60560 With a copy to: Mike Roth 800 Game Farm Road Yorkville, IL 60560 —6— To DEVELOPER: B &P Properties,LLC 632 Rock Spring Road Naperville, IL 60565 With a copy to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville,IL 60560 or to such other addresses as any party may from time to time designate in a written notice to the other parties. K. ENFORCEABILITY. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. L. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this day of , 2007. —7— UNITED CITY OF YORKVILLE By: Valerie Burd, Mayor Attest: CITY Clerk Dated: DEVELOPER: B &P Properties, LLC By: Attest: Dated: Prepared by and Return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 —8— EXHIBIT LIST Exhibit"A" Legal Description Exhibit"B" Concept Plan —9— Ak � cIT United City of Yorkville Memo 800 Game Farm Road Mr. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 09 p� Fax: 630-553-3436 ate rte`' Date: June 29, 2007 To: Plan Commission From: Travis Miller, Community Development Director Cc: Annette Williams, Administrative Assistant (for distribution) Subject: PC2007-22 B&P Property Rezoning Request(M-1 to R-3) General Comments: - The rezoning request includes two adjacent parcels totaling of 14.325 acres and is currently zoned M-1. - The request is for R-3 zoning. - Caledonia Subdivision(Zoned R-2 PUD) is adjacent to the east of the subject properties. - Westbury South Village Subdivision (Zoned R-2 PUD) is adjacent to the west and south of the subject properties Comprehensive Plan Recommendation: - The Comprehensive Plan Land Use Plan for the property recommends Transitional Neighborhood use for the area this property is within. The density recommendation for areas recommended for Transitional Neighborhood use is 2.25 —3.5 units per acre. Staff Comments: 1. The request for R-3 zoning is consistent with the Comprehensive Plan recommendation of Transitional Neighborhood although R-3 would allow for a maximum density of 5 units per acre. The petitioner indicated to the Plan Council the intention is to develop the property with duplex units, therefore: a. Staff recommends R-2 Duplex as the most appropriate zoning classification for this property. This zoning classification will require a minimum lot size of 15,000 square feet for each duplex building. 2. The properties are currently adjacent on three sides to residentially zoned properties, therefore a request for residential zoning is a reasonable and appropriate request. 3. Staff has requested the petitioner enter into a development agreement with the City to include/address the following issues at this time: 1 a. Conceptual Site Plan - Staff has requested the petitioner prepare a conceptual site plan of the intended development in order to ensure zoning requested can appropriately be integrated with the surrounding lower density (R-2) developments. b. Right-of-way and Utility Easement Dedication - Staff recommends requesting the petitioner dedicate a 40 feet right-of-way measured from the centerline of Corneils Road and a 15 feet utility easement in addition and adjacent to the 40 feet ROW. Findings Necessary for a Zoning Amendment shall be based on the following: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-76) 2 s J�J B&P roprt. lid J �.3 ngls 6 T, rte- !A _ F VH 6Sf I'Hl5kH47= I Y©RICSRLLE N9D 1{E NTlA1L C5]ti NTY 1 l ti � - te a r I, I []IiiTRIC.T _ IA-14F If.RFti 4i!F SRA]Y.ti=a. rr � �� _ - ESTATE NEEGHSORN000 1,656.A 11..9'A Y+ v of e I + TPAWSITIVWAL WEIRI@URNOO6 1,1A1A 15.5% URBAN NEIGHBORHOOD 27.V1 TRADMONAL NEIGMBORNO00 2".oc \ COMMERCIAL 1.x69.4 1 1 IN=rRIRL "BID 1.2,6 I _ o 4FFSE7RE9ERRCXgN9U37R1lIL m'o .A% PUBLM.xAKsI-PUBLIC`• 125A 1.m PARK IEW 5PACE 'AM 1&53 R M.TING ROADS - PROP65EOROAOS - - "�' PROPOSED RLAWWING AREA BOUNDARY - SELF[ RMINATR]WAREAPER SC:HOPPEUE OVASSOC'.IAYE5`INC � Y E-OBWFROBOUNOANYkB1tEE1ENf rre.Wl a n� c�arrr POTEwnAL RUN SME miALIM"AR� 911M l000% i1e a,ltafA"17seE7 PH.reaw sfr assn _ ✓?S'#'fYJJ,l!OP31? F+I,Y'fA3111337-d(.3F A - 1" ew The United City Of Yorkville WCR H SCdIC MB a ER `7 kdOpt¢d�SEPTEEMBER 10,2062 b00 Game Farm Rd COMPREHENSIVE PLAN REVISED 2005 Yorkville,IL 60560 UNITED CITY OF YORKVILLE 63[-553-4350 ILLINOIS rnlralrnrsrci a�nyualon'appwy nan:a sunprf In rlar5a 3,.19 i i I i I s- -- / P ' I i t. r_. .J I F. I fjy Ir o United City of Yorkville t 800 Game Farm Road EsT �? ' -- _' TEI,, Yorkville, Illinois 60560 o e , N Telephone: 630-553 -4350 Fax: 630-553 -7575 (/ PC # � U APPLICATION & PETITION ANNEXATION, PUjN�JED Utz T DEVELOPII �IENT, ZONING OR SPECIAL USE REQUEST j L cc Development Name. a f7 es P ra Date of Submission: i Requesting: [] Annexation Zoning [] Planned Unit Development [] Special Use: 1 Name of Petitioner(s): Don Kalant Address: 2308 Fawn Lake Circle , Naperville , IL 60564 Phone Number: 630-267-8359 Fax Number: Email Address: Relationship of Petitioner(s) to subject property: ftOwner [] Developer [] Contract Purchaser 2 Name of holder of legal title, if different from #1 : Don Kalant and Hitesh Patel If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: N/A 3 a) (i) Street address and physical location of subject property: 101 West Center Street , Yorkville, Illinois 60560 (ii) Zoning of surrounding parcels: North: R-2 South: City Park East: B-3 West: R-2 b) Legal description of property; attach as Exhibit "A" c) Total Acreage: . 3 acres 02-33-101 - 104 d) Kendall County Parcel Number(s) of property: e) Current Zoning Classification: R-2 0 Zoning Classification Requested: � �l 'Z I I g) Is this property within City limits? Yes No, requesting annexation Page I of United City or Yorkville Annexotion,PUD,Zoning.Specinl Use Application Revised'. 11 /28/06 4 Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit "B" 5 List all governmental entities or agencies required to receive notice under Illinois law: 6 List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: N/A 7 Does a flood plain exist on the subject property? N/A 8 Do Electors reside on the subject property? No If so, they must execute this petition to annex (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status ) 9 Contact Information: Name, address, phone number, fax number, and email address of person to whom inquiries regarding this petition may be directed: Attorney: Name: Gregg Ingemunson Address: 226 South Bridge St, Yorkville, IL ;60560 Phone Number: 630-5535622 Fax Number: 630-553-7958 Email Address: Engineer: Name: Frank Willdian Contractor :Address: 28 Laurel Court Yorkville IL 60560 Phone Number: 630-553-6535 Fax Number: Email Address: Land Planner: Name: Address: Phone Number: Fax Number: Email Address: Page 2 ors United City of Yodville Annesmion.PUDJ"_oning.Spacial Use Application Revised. 11/28/06 10 Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings An incomplete submittal could delay the scheduling of your project a Original application with legal description plus 40 copies b Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route, Step 1 , Fees" and/or contact the Deputy Clerk for verification of this amount) . c Concept or Preliminary Site Plan: 40 sets folded to fit in a 10" x 13" envelope d One CD containing one electronic copy (pdf) of each of the signed application (complete with exhibits) and site plan. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville Date: Petition (s) Signal e: (Alai leg 1 property owners signatures must appear on this application ) C! Subscribed and sworn to before me this 1 — day of ( nti�, 200 . lQ ( iCy 11c \ C1u Notary Seal OFFICIAL SEAL THIS APPLICATION MUST BE NOTARIZED. .. OFFICIAL SEAL � DEBRA A. LECHOWICZ NOTARY PUBLIC - STATE OF ILLINOIS MY COMMISSION EXPIRES 2/15/10 Page 3 of 5 United City of Yorkville ANUtexation.PUD.Zoning.Special Use Application Revised'. 1128/06 ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees" and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U S Army Corps of Engineers, etc , to allow timely review by City `Fees: a Annexation or Annexation and Rezoning - $250 plus $ 10 per acre for each acre over 5 acres b Rezoning only - $200 plus $ 10 per acre for each acre over 5 acres c Special Use - $250 plus $ 10 per acre for each acre over 5 acres d Engineering Review Fees - 1 25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer e Planned Unit Development fee - $500 f Engineering Review Deposit - up to 1 acre = $ 1 ,000; over 1 acre but not over 10 = $2,500 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $101000 over 100 acres = $20,000 g Deposit for Outside Consultants - under 2 acres = $ 1 ,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i a legal review, land planner, zoning coordinator, environmental, etc ) Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Plan Council meets the 2nd and 4"i Thursday of the month at 9:30 am in the City Administration Office Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting Attendees to this meeting include: City Administrator, Community Development Director, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director, Director of Parks and Recreation, Fire Department Rep, and Police Chief. Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in residential developments The Park Board Planning Meeting is the fourth Thursday of each month at 7:00 p m at the Riverfront Building, 301 E Hydraulic Street Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p m in the Council Chambers at City Hall The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified . Page 4 or 5 United City of Yorkville Annexation.PUD.Zoning.Special Use Application Revised 1 1 /28/06 Step 6 - only required for annexation agreements or PUD agreements: City Council public hearing: The City Council meets the fourth Tuesday of the month at 7:00 p m in the Council Chambers at City Hall A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement . Notice will be given by publication by the United City of Yorkville in the Kendall County Record A certified mailing to surrounding landowners is not required for this public hearing . Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council Step 6: Economic Development Committee and Committee of the Whole: The Economic Development Committee and Committee of the Whole meets the third Tuesday of the month at 7:00 p m in the Conference Room at City Hall The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place This session is to discuss and consider recommendations of prior committee meetings Step 7: City Council: The City Council meets the fourth Tuesday of the month at 7:00 p m in the Council Chambers at City Hall This is where all City Council voting takes place Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting Please sign and return this original (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560 Date: �- Signature of Petitioner Page 5 ors United City of Yorkville Annesnlion.PUD,Zoning.Special Use Application Revised, 11/23/06 Ak � cIT United City of Yorkville Memo 800 Game Farm Road Mr. 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 09 p� Fax: 630-553-3436 ate rte`' Date: June 29, 2007 To: Plan Commission From: Travis Miller, Community Development Director Cc: Annette Williams, Administrative Assistant (for distribution) Subject: PC2007-24 Kalant Development Re-Zoning Request Comprehensive Plan Recommendations The Comprehensive Plan Land Use Plan for the property recommends Traditional Neighborhood. The `Design Guidelines' are listed below for this Land Use: • Any development or redevelopment shall conform to all City regulations regarding their use • As most development will be redevelopment of existing sites, the distinct character of the (Transitional Residential)Neighborhood will be vulnerable to change. Therefore, all development must be carefully designed to fit the character of its existing surroundings. • Existing residential and commercial uses should be preserved. Residential properties fronting on arterial streets may be used for professional or service offices, or for small retail shops consistent with the character of such uses in the downtown area. Findings Necessary for a Zoning Amendment shall be based on the following: a. Existing uses of property within the general area of the property in question. b. The zoning classification of property within the general area of the property in question. c. The suitability of the property in question to the uses permitted under the existing zoning classification. 1 d. The trend of development, if any, in the general area of the property in question, including changes, if any, which have taken place since the day the property in question was placed in its present zoning classification. e. The impact that such reclassification and/or annexation will have upon traffic and traffic conditions on said routes; the effect, if any, such reclassification and/or annexation would have upon existing accesses to said routes; and the impact of additional accesses as requested by the petitioner upon traffic and traffic conditions and flow on said routes. (Ord. 1976-43, 11-4-76) Staff Comments: 1. The B-2 zoning classification requested is appropriate and supported by the Comprehensive Plan for this property. 2. The use proposed will be within the existing structure and therefore have a minimal architectural impact on the surrounding character. 3. Allowable signage should be more restrictive than that allowable within the B-2 zoning classification to ensure the property remains in context with the surrounding neighborhood. ■ Recommend requiring the following signage regulation not within the current sign ordinance in the form of a Development Agreement between the City and the Petitioner. 1. No signage may be internally illuminated; 2. No pole signs permitted on the property(one (1)wall and/or one (1) ground sign only) 3. Maximum sign area of any sign shall be no more than thirty-two (32) square feet. 4. The existing structure will encroach the B-2 required setback from Route 47 by 14.83 feet. (30 feet is required per Ordinance 10-7C-4B 1 and 15.17 feet exists). Upon approval of a zoning change, the building will be considered a legal non-conforming structure. The building may be used,however, should anything happen to the building, a new building could not be built within the footprint of the existing building without first obtaining a variance. 2 - ' 794 f - -- 70 _ 5R9 702 r. — :k 60 - L -- o ° � m m o SOS M O � 40 40 n 4 Q 40 tl 0 it ow ti b !/1 4. G] a a q ?07 0 31 402 4 0 ry *� 30 303 307 © c 0 3 305 3 0 30 n 302 N �@ �y c p � r 2e w 2 @tw n � n 23 t 21, United City Yorkville 1 The Data is provided without warranty or any representation of x accuracy,timeliness,or completeness.it is the responsibility of the w- s Parcel Data and Aeflal Photography "Requester"to determine accuracy,timeliness,completeness,and Provided By Kendall County GIS appropriateness of its use.The United City of Yorkville makes no warranties:expressed or implied,to the use of the Data. ' United City of Yorkville County Seat of Kendall County 800 Game Farm Road Yorkville, IL 60560 Telephone : 630 - 553 -4350 Fax : 630 - 553 - 7575 Website : www . yorkville . il . us PC # APPLICATION & PETITION Please Check One : Preliminary Plan Final Plat Development Name : &/7c A/"P 4 Date of Submission: *0 , 1 . Name ofPetitioner(s) : Pd 5t� ti► ut5L1Lt 1-toiOL g5 Z- t Address : 2535 PLC► ,Av r t Lz;-t- 1> X t> 5 j,,-r e e VA Lt-owB Weak \ L* &a5 2 Phone Number: [gip ,3 LS _ 45aa Fax Number: 2 . a) . Street address and physical location of subject property : U7M &r AS rt GU (W- CA- GAY M t t_t._ 26 A t:� l5 VA R l� b) . Legal description of property; attach as Exhibit "A' . c) . Total Acreage : 2 ( • S 3 . Contact Information : Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: Ik6,0k r r W&v eS LL4 � �..<s N r �• c. c 1 ►.1�o S,i� �s A,S l TL �.�� 1� Attorney : Name : AN " V.�, -3? kAtLt_ , Pcu ., u<- /t)D,nnAnJ5"Ai. Ti 3A.Oesta L I et1btNrs4 t-+ es' L-r0 Address : [ 23 IAdAmCe - $"r , tJAPFLVtL L � tL, Phone Number: �3a _ 355 _ �$od Fax Number: 636 - 355 597 Engineer: Name : jO u N e? 7- j / ip + t� Cg^,S e t t�'t"A ►��"S Address : (+1d �� rJS� ��-Tart f1-� 5 � lLta DA 3/t k�� L- 5L3 Phone Number: & 3D - Gf ej� . >� gf{ Fax Number : Land Planner: Name : J6 H IJ ktlA &(j ,.� l "��J L21 Jj6 61r5t � Page 1 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 1 /27/06 , Address : 55t -I C ✓ b gttL.,,A ,t„d-b aver 5v , -re' 96 (. Culco 6> 1 t., Phone Number: 7 3 —'7L3 _'j 3 't_v Fax Number: 7 3 — 70 _ 3 3 2,5 4 . Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings . An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b . Appropriate filing fee (Please refer to Page 3 of this application "Petitioner Route, Step 1 , Fees" and/or contact the Deputy Clerk for verification of this amount) . c. To begin the review process, the initial submittal must consist of: 1 . 12 sets of Preliminary Plans /Final plats folded to fit in a 10" x 13 " envelope 2 . 7 sets of Landscape Plans folded to fit in a 10" x 13 " envelope 3 . 7 sets of Preliminary /Final Engineering folded to fit in a 10" x 13 " envelope Within one week of receipt of submittal, the Engineering Department will determine if it is complete or if additional information is needed. Once the submittal is complete, the Plan Council Meeting date will be scheduled for the next meeting that is 6 weeks from this date . One week prior to your scheduled Plan Council meeting, you will be required to submit 15 full size preliminary/final site plans for the packets distributed to the members . In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct. Date : ,Or Petitioner(s) Signature : (All legal property owners signatures or their authorized agents (i .e. Planner, Petitioner' s Attorney, Engineer) must appear on this application.) Soot Pc ►T � .�,. Subscribed and sworn to before me this day of rd , 200 £ "OFFICIAL SEAL" REGINA L. PESCH NOTARY PUBLIC, STATE OF ILLINOIS Notary Seal MY COMMISSION EXPIRES 04/02/2009 s THIS APPLICA TION MUST BE NOTARIZED. Page 2 of 7 United City of Yorkville Prcliminary/Final Plat Application Revised: 1 /27/06 PRELIMINARY PLANXINAL PLAT PETITIONER ROUTE Step 1 : Petitioner must submit a completed application, fees * and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U . S . Army Corps of Engineers, etc . , to allow timely review by City. * Fees : 1 . Preliminary Plan Fee - $500/Final Plat Fee - $500 a. Engineering Review Fees - 1 . 25 % of the approved engineer' s estimate of cost of all land improvements, to be determined by City Engineer. b . Engineering Review Deposit - up to 1 acre = $ 1 ,000 ; over 1 acre but not over 10 = $2500 over 10 acres, but not over 40 = $5 ,000 over 40 acres, but not over 100 = $ 10,000 over 100 acres = $2000 c . Deposit for Outside Consultants - under 2 acres = $ 1 ,000 2 to 10 acres = $29500 over 10 acres = $59000 Note : Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i . e . legal review, land planner, zoning coordinator, environmental, etc. ) . Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs . Note: You must present your plan at each of the meetings below as indicated. Step 2 : Plan Council : The Planning Council meets the 2nd and 4th Thursday of the month at 9 : 30 a. m. in the City Administration Office . Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting . Attendees to this meeting include : City Administrator, City Land Planner, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director, Executive Director of Parks and Recreation, Fire Department Rep, and Police Chief. Step 3 : For Preliminary Plans only; Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in the development. The Park Board Planning Meeting is the fourth Monday of each month at 7 : 00 p. m. at the Riverfront Building, 301 E. Hydraulic Street. Step 4 : Plan Commission: The Plan Commission meets the second Wednesday of each month at 7 : 00 p.m. in the Council Chambers at City Hall . The Plan Commission will make a Page 3 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 1 /27/06 recommendation for the City Council ' s consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. Step 5 : Economic Development Committee : The Economic Development Committee meets the third Thursday of each month at 7 : 00 p.m. in the City Hall Conference Room. All projects (regardless of a positive or negative EDC recommendation) proceed to the Committee of the Whole for discussion. The Economic Development Committee consists of three (plus one alternate) City Council members. Step 6 : Committee of the Whole : The Committee of the Whole meets the first and third Tuesdays of the month at 7 : 00 p .m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7 : City Council : The City Council meets the second and fourth Tuesdays of the month at 7 : 00 p .m. in the Council Chambers at City Hall. This is where all City Council voting takes place. If this project has included an annexation and/or zoning petition, a Public Hearing will be held at this time with notice given by publication. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council . Prior to the recording of the final plat, the petitioner must pay the Administration Fee . This is equal to 1 . 75% of the approved engineer' s estimate of construction costs of land improvements, including but not limited to all public improvements to be dedicated to the City, mass earth grading, and quasi-public improvements to be maintained by the homeowner' s associations such as private storm sewer, parking areas, and trails . Step 8 : Final Plat recording instructions : Once the final plat is approved by the City Council and all required documents, bonds, and letters of credit are submitted to the City, the final plat may be recorded with Kendall County. Submit the final plat mylar to the Deputy Clerk for signatures . When all City signatures are in place, the developer or his surveyor may take the mylar to the Kendall County Clerk for his signature. The next step is to have six paper prints made and return to the Kendall County Recorder ' s office for recording. Kendall County requires the mylar and four paper copies . The City of Yorkville requires that you submit two recorded paper copies to the Deputy Clerk. Any copies you may require would be in addition to these . Agreement : I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560 . Page 4 of 7 United City of Yorkville Preliminary/Final Plat Application Revised : 1 /27/06 Date Signature of Petitioner CHECK LIST FOR PRELIMINARY PLANS SECTION 1 : WRITTEN DOCUMENTS 1 . A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan B. A time schedule of the proposed development of the area covered by such preliminary plan C. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the plan, including the specific section of the Ordinance . 2. A boundary survey of the area covered by such preliminary plan, prepared and certified by a registered Illinois surveyor. SECTION 2 : GENERAL PLAN INFORMATION I . A rendered outline of the area covered by such preliminary plan drawn at a scale of not less than 1 inch equals 100 feet. 2 . The plan must contain the following information: A. Scale B. North Arrow C. Original and Revised dates D. Name and address of owner of record E. Name and address of site plan designer F. Current zoning of the property G. All categories of proposed land use 3 . The following information regarding contiguous property : A. Location of contiguous property B. Zoning of contiguous property C. Land use of contiguous property 4. The following site data provided in the lower right corner: A. Size of property in square feet or acres B. Square footage and percent of site coverage with buildings C. Square footage and percent of site coverage with pavement D. Number of parking spaces to be provided E. Number of parking spaces required by zoning ordinance F. Number of proposed buildings/dwelling units/lots SECTION 3 : PLAN DATA REQUIREMENTS I . A site location map . 2. Dimensions of the property. 3 . A topographical survey of the area covered by such preliminary plan at two-foot contour intervals drawn at not less than one inch equals one hundred feet. 4. A detailed plan for the treatment of any proposed stormwater detention or retention facilities . 5 . Existing or proposed public roads, streets, and alleys , including classifications , width of right-of-way and paved surfaces, and existing and proposed sidewalks . 6 . Dimensioned building setbacks, and as applicable; areas for off-street parking, trucking maneuvering and service, and open space/recreational facilities . Page 5 of 7 United City of Yorkville Prcliminary/Final Plat Application Revised: 1 /27/06 7 . A schematic of existing or proposed public utility systems, including the size of sanitary sewers, storm water lines, & streetlights . 8 . Existing vegetation and plantings. 9. Any other information required by the City, to clearly show the proposed site plan elements . CHECK LIST FOR FINAL PLANS SECTION 1 : WRITTEN DOCUMENTS 1 . A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan. D. A development schedule, indicating the approximate dates for construction of the Final Plan. E. Petitioners proposed covenants, restrictions , and conditions to be established as part of the Final Plan . F. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the Final Plan, including the specifics of the Ordinance . SECTION 2 : GENERAL PLAN INFORMATION 1 . Must be drawn to accurate engineering scale. 2 . Must contain the following information: A. Scale B . North Arrow C. Original and Revised dates D. Name and address of owner of record E. Name and address of site plan designer 3 . The following information regarding contiguous property : A. Location of contiguous property B . Zoning of contiguous property C. Land use of contiguous property 4. Site data to be provided in lower right hand corner: A. Legal Description B . Size of property in square feet and acres C . Current Zoning D. Square footage & percent of site coverage with buildings E. Square footage & percent of site coverage with pavement F. Square footage & percent of site coverage with landscaping G. Number of parking spaces required by zoning ordinance H . Number of parking spaces to be provided I . Number of buildings J. Number of dwelling units K. Breakdown of dwelling unit bedroom types Page 6 of 7 United City of Yorkville Prcliminary/Final Plat Application Revised: 1 /27/06 5 . Landscape data to be provided in lower left hand corner: A. Number of plantings by type B. Size of plantings at installation C. On-center spacing for hedges (Should be 3 feet apart) D. Caliper size of all trees at installation CHECK LIST FOR FINAL PLANS CONTINUED SECTION 3 : PLAN DATA REQUIREMENTS 1 . Dimensions of property. 2 . Existing and proposed public and private streets, right-of-ways, driveways, all principal and accessory buildings and their uses, dimensioned building setbacks, lot sizes, sidewalks , off-street parking, service areas, open spaces, and recreation facilities. 3 . Preliminary architectural plans for all residential buildings, in sufficient detail to show basic building plan. 4. The existing and proposed vehicular and pedestrian circulation systems, indicating their inter-relationship and proposed treatments of points of conflict. 5 . Existing and proposed utility systems, including sanitary sewers, water, electric, gas, telephone, and cable television lines, including their sizes . 6. Proposed public and private lighting systems. 7. Existing and proposed easements for utility services . 8 . Proposed signage, indicating location and size. 9 . Existing vegetation and plantings . 10 . Proposed berming and fencing. 11 . The location and size in acres or square feet of all areas to be conveyed, dedicated, or reserved as common open space, public parks, recreational areas, school sites, and similar semi-public uses. 12 . Any other information necessary to clearly show the proposed site plan elements. Page 7 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 1 /27/06 LEGAL DESCRIPTION GRANDE RESERVE NEIGHBORHOOD 4 THAT PART OF THE SOUTH HALF OF SECTION 11 TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTERLINE OF KENNEDY ROAD AND MILL ROAD ACCORDING TO THE PLAT OF DEDICATION THEREOF RECORDED MAY 31 , 2006, AS DOCUMENT NUMBER 200600016199; THENCE SOUTH 81 DEGREES 26 MINUTES 03 SECONDS EAST ON AN ASSUMED BEARING ALONG THE CENTERLINE OF SAID MILL ROAD ACCORDING TO SAID PLAT OF DEDICATION A DISTANCE OF 1 ,487.38 FEET; THENCE SOUTH 08 DEGREES 33 MINUTES-57 SECONDS WEST 75.00 FEET TO THE PLACE OF BEGINNING; THENCE NORTHEASTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 25.00 FEET, HAVING A CHORD BEARING OF NORTH 53 DEGREES 33 MINUTES 57 SECONDS EAST, A DISTANCE OF 39.27 FEET TO A POINT OF TANGENCY IN THE SOUTH RIGHT OF WAY LINE OF SAID MILL ROAD ACCORDING TO SAID PLAT OF DEDICATION; THENCE SOUTH 81 DEGREES 26 MINUTES 03 SECONDS EAST ALONG SAID SOUTH RIGHT OF WAY LINE OF MILL ROAD A DISTANCE OF 1 ,280.85 FEET; THENCE SOUTH 08 DEGREES 33 MINUTES 57 SECONDS WEST 11 .79 FEET FOR A POINT OF CURVATURE; THENCE SOUTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 625.00 FEET, HAVING A CHORD BEARING OF SOUTH 01 DEGREE 40 MINUTES 34 SECONDS EAST, A DISTANCE OF 223.44 FEET FOR A POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS. OF 200.00 FEET, HAVING &CHORD BEARING OF SOUTH. 27 DEGREES 11 MINUTES 59 SECONDS WEST, A DISTANCE OF 273.09 FEET FOR A POINT OF COMPOUND CURVATURE; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 900.00 FEET, HAVING A CHORD BEARING OF SOUTH 70 DEGREES 03 MINUTES 35 SECONDS WEST, A DISTANCE OF 117.57 FEET, THENCE SOUTH 73 DEGREES 49 MINUTES 28 SECONDS WEST 283.35 FEET; THENCE SOUTH 73 DEGREES 34 MINUTES 42 SECONDS WEST 163.31 FEET;THENCE SOUTH 73 DEGREES 25 MINUTES 24 SECONDS WEST 261 .07 FEET; THENCE SOUTH 73 DEGREES 45 MINUTES 45 SECONDS WEST 275.95 FEET; THENCE NORTH 67 DEGREES 07 MINUTES 12 SECONDS WEST 72.89 FEET; THENCE NORTH 16 DEGREES 18 MINUTES 09 SECONDS WEST 208.03 FEET; THENCE NORTH 13 DEGREES 42 MINUTES 02 SECONDS WEST 127.89 FEET, THENCE NORTH 10 DEGREES 47 MINUTES 28 SECONDS WEST 199.20 FEET, THENCE NORTH 09 DEGREES 22 MINUTES 24 SECONDS EAST 151 .55 FEET; THENCE NORTH 09 DEGREES 22 MINUTES 58 SECONDS EAST 81 .40 FEET; THENCE NORTH 08 DEGREES 33 MINUTES 57 SECONDS WEST 168.98 FEET TO THE PLACE OF BEGINNING; SAID PARCEL OF LAND HEREIN DESCRIBED CONTAINS 21 .555 ACRES, MORE OR LESS; IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. g v�o Legal cr esip ion I �'\ w TEST ART 01 l 1 ) 1 L U. 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L^� w ' W 5 Nei hlnrnxd9 wa,e drw J°D mold=f II ;�$ J �1 /I ° r / \7D mot `'` ANDE RESERVE UNIT w / ;a col ar Qi,rmcma _b / 775 iT'"� linrmm rmPO,.aunnum c^alncnr,n noono,�n GRAND ERVE talfT41 �o> v b _ 4. ry 09 �` "'°" o United City of Yorkville Memo J Q � ° 800 Game Farm Road lose Yorkville, Illinois 60560 -c '� Telephone: 630-553-8545 0p ® _ Fax: 630-553-3436 <kE Date: June 29, 2007 To: Plan Commission From: Travis Miller, Community Development Director Cc: Annette Williams, Administrative Assistant (for distribution) Subject: PC2007-15 Grande Reserve Unit 28 Preliminary Plan Background The Preliminary Plan for Neighborhood 4 is inconsistent with the approved Concept PUD in the following ways: Originally approved for 300 apartment units — proposed for 300 condominium units (for' sale or rental); Originally approved with surface parking lot system — proposed to include garages for each unit with driveways accessed by private street system; Originally approved with a central private common greenspace — proposed to space buildings farther' apart and eliminating the central common area Attached are the following exhibits fiom the approved PUD Agreement: Transitional Attached Housing Concept Plan Apartment Neighborhood 4 example photograph Staff Comments: Staff recommends approval of the Preliminary Plan subject to the items being addressed in the following attached reports: Bill Dunn, EEI — June 8, 2007 report Laura Haake — June 18, 2007 report o Note: Items 5 and 6 of the report are addressed by the annexation agreement and the submittal is consistent with these terms Anna Kurtzman — June 18, 2007 report o Note: • Item I is defined by the annexation agreement; • Item 2 — 67 spaces were confirmed to be on the plan 1 C/; y = y o United City of Yorkville Memo 800 Game Farm Road rsT : 1036 Yorkville, Illinois 60560 o �� 41 Telephone: 630-553-8545 11. « ;`gyp" Fax: 630-553-3436 Date: June 18, 2007 To: Charley Wunder From: Laura Haake CC: Bart Olson, Travis Miller Subject: Grande Reserve Neighborbood 4 (Unit 28) Landscape Plan Review I have reviewed the preliminary landscape plan prepared by Rolf C. Campbell & Associates, and have prepared the following comments: General Comments: 1 ) Show proposed grading on the site plan in one foot ( 1 ') intervals 2) All light poles, fire hydrants, street signs, and any other freestanding structures shall be shown on the plan. All trees shall have a minimum spacing of twenty feet (20 ') from all such structures. 3) If a refuse area is located near the Clubhouse, indicate it as such on the landscape plan, Provide appropriate landscaping, 4) Individual species must be labeled in their location on the plan , The legend and key do not show the exact location of the tree. 5) Adjust the Mill Road Buffer Landscape quantities to accurately reflect the amount of shade trees provided. Approximately 59 shade trees are provided in the buffer yard: .37 as part of the buffer yard, and an additional 24 as parkway trees. The landscaping for Mill Road shall be included as part of the parkway 6) A 30 ' buffer yard must be provided around any storm water storage basin that is adjacent to the front or side lots of residences. See ordinance Section #2.5 , This applies to the towrthomes that are adjacent to the Unit 13, Phase 5, detention basin. 52 Wheeler Road • Sugar Grove, IL 60554 TEL: 630 ! 466.9350 it FAX: 630 ( 466.9380 www.eeiweb.com Engineering Enterprises, June 8, 2007 Inc. Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Preliminary Engineering Plan, Grande Reserve Unit 28 (Neighborhood 4) United City of Yorkville, Kendall County, Illinois. Dear Mr. Wywrot: We have reviewed the following materials submitted by Pasquinelli Homes, L.L,C. related to the above-reference development: • Preliminary Engineering Plan for Olde Towne Neighborhood No, 4 prepared by P & D Consultants consisting of one ( 1 ) sheet with revision date of May 24, 2007. • Preliminary Plan for Olde Towne Grande Reserve — Neighborhood 4 prepared by JEN Land Design, Inc. consisting of one ( 1 ) sheet with revision date of May 22, 2007 • Preliminary Landscape Plans for Neighborhood 4 "Olde Towne" Grande Reserve prepared by Rolf C. Campbell & Associates, Inc. consisting of two (2) sheets with revision date of May 25, 2007, • Correspondence from Pasquinelli Homes, LLC dated May 25, 2007. Our review of these plans is to generally determine the plan's compliance with City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, Inc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. Our recommendations and comments are as follows: GENERAL COMMENTS 1 , Permits or Sign-offs will be required from the following agencies: Consulting Engineers Specializing in Civil Engineering and Land Surveying Mr Joseph A. Wywrot June 8, 2007 Page 2 of 2 a. Yorkville-Bristol Sanitary District regarding Sanitary Sewer Facilities, b. (IEPA) Division of Water Pollution Control regarding Sanitary Sewer Facilities. c. (IEPA) Division of Public Water Supplies regarding water supply and distribution. d. (IEPA) Division of Water Pollution Control regarding a Notice of Intent (NOI) General permit to discharge storm water. 2. It is noted that the impervious areas tributary to Basin No. 8N and No. 10S are in excess of the areas presented in the Cowhey Stormwater Management Report. An amended report should be provided to illustrate that the new proposed conditions can be properly handled by the original basin designs. (Repeat Comment) 3. All public utilities will need to be placed in public drainage and utility easements (P. U. & D. E.). (Repeat Comment) 4, We recommend that a preliminary plat of subdivision be provided for review. (Repeat comment) 5. All other previous review comments have been addressed . CONCLUSIONS We recommend that the preliminary plans be approved with review comments noted. Each of the items above can be addressed with final engineering.. If you have any comments or questions regarding the above, please feel free to contact the undersigned. Sincerely, ENGINEERING ENTERPRISES, INC. William E. 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