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City Council Packet 2006 08-22-06 `QED Clry United City of Yorkville � � O 800 Game Farm Road Est , 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 Fax: 630-553-7575 <<E � AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, August 22, 2006 Call to Order: Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer James Bock Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Works Committee Meeting: Ad-hoe: Technology Committee of the Whole To be Announced 7:00 p.m., Tuesday, September 19, 2006 City Hall Conference Room Economic Economic Development Committee: Committee of the Whole 7:00 p.m., Tuesday, September 19, 2006 City Hall Conference Room Administration CommitteeAdminist Administration Committee Meeting: Committee of the Whole 7:00 p.m., Tuesday, September 5, 2006 City Hall Conference Room Public Safety Committee Safety Committee Meet Committee of the Whole 7:00 p.m., Tuesday, September 5, 2006 City Hall Conference Room Presentations: 1. None City Council Meeting Agenda August 22, 2006 Page 2 Public Hearings: 1. PC 2006-37-Betty O'Keefe Family Limited Partnership,petitioner,have filed an application with the United City of Yorkville, Kendall County,Illinois requesting annexation to the United City of Yorkville and rezoning from Kendall County A-1 Agricultural to United City of Yorkville B-3 Service Business District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 140.9 acres at the east side of Route 47 between Galena Road and Comeils Road, Yorkville,Kendall County, Illinois. Citizen Comments: Consent Agenda: 1. EDC 2006-17 Building Permit Report for June 2006 2. EDC 2006-20 Building Permit Report for July 2006 3. EDC 2006-21 Ordinance Rezoning Landscape Depot-authorize Mayor and City Clerk to execute 4. EDC 2006-24 West Kendall Property Conveyance - authorize Mayor and City Clerk to execute deed 5. PW 2006-129 IDOT Highway Permit and Resolution-Saravanos Rt. 47 Improvements-authorize Mayor and City Clerk to execute 6. PW 2006-130 Rob Roy Creek Interceptor (Contract 4) - Change Order#1 - authorize increase in an amount not to exceed$21,871.63 and authorize Mayor to execute 7. PW 2006-131 Shops at Veteran's Parkway-Plat of Easement- authorize Mayor and City Clerk to execute 8. PW 2006-133 Fox Hill (Unit 6, Lot 2) - Plat of Easement-authorize Mayor and City Clerk to execute 9. PW 2006-134 2006 Asphalt Surface Treatment Program Bid Results -award to CAM, LLC in an amount not to exceed$47,328.08 10.PW 2006-135 Menard's Commercial Commons,Lot 9 (Culvers) -Plat of Easement-authorize Mayor and City Clerk to execute 11. PW 2006-136 Raintree Village Unit 4 -Letter of Credit#FGAC-05372 - authorize City Clerk to call Letter of Credit if not renewed by October 25, 2006 12. PW 2006-137 Grande Reserve Unit 12 -Letter of Credit#5585960 - authorize City Clerk to call Letter of Credit if not renewed by November 6, 2006 13. PW 2006-138 Grande Reserve Unit 13 -Letter of Credit#S585959 - authorize City Clerk to call Letter of Credit if not renewed by November 6, 2006 14. PW 2006-139 Grande Reserve -Route 34 Improvements Approval and Bond Reduction#2 -to approve prior improvements reduction not to exceed$22,43618, and subject to MOT acceptance City Council Meeting Agenda August 22, 2006 Page 3 Consent Agenda (con't): 15. PW 2006-140 Grande Reserve Regional Park-Earthwork Acceptance and Letter of Credit Reduction 92 - subject to verification that developer has no outstanding debt owed to the City 16. PW 2006-141 Wells No. 3 and 4 Treatment Facility - Change Order#3 -authorize increase in an amount not to exceed$900 and authorize Mayor to execute 17. PW 2006-142 Prairie Meadows Subdivision- Bond Reduction#1 -subject to verification that developer has no outstanding debt owed to the City 18. PW 2006-143 2005 In-Town Drainage Program- Change Order 413 - authorize decrease in an amount not to exceed$143,500 and authorize Mayor to execute 19. PW 2006-144 Prestwick of Yorkville (Phase 1) -Revised Construction Guarantee Amount-subject to staff approval oflandscape cost 20. PW 2006-145 Cannonball Estates Units 1 and 2 -Final Acceptance of Watermain, Sanitary Sewer, Roadway, and Miscellaneous Improvements-subject to verification that developer has no outstanding debt owed to the City 21. PKBD 2006-07 Raintree Village Park A - Construction Bid Approval - award to J.E.MMorris Construction in an amount not to exceed$45,840 22. ZBA 2006-38 Ordinance Approving BP Amoco Sign Variance-authorize Mayor and City Clerk to execute 23. ZBA 2006-41 Ordinance Approving Wal-Mart Variances-authorize Mayor and City Clerk to execute Plan Commission/Zoning Board of Appeals: Minutes for Approval(Corrections and Additions): Minutes of City Council—None Minutes of Committee of the Whole—July 11,2006 Bill payments for approval from the current Bill List(Corrections and Additions): Checks total these amounts: $ 2,079,681.65 (vendors) $ 197,296.52 (payroll period ending 8/5/06) $ 2,276,978.17 (total) City Council Meeting Agenda August 22, 2006 Page 4 Reports: Mayor's Report: 1. Proclamation for National Library Card Signup Month 2. Proclamation for Save a Life Month City Council Report: City Attorney's Report: City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Director of Parks &Recreation Report: Community Development Director Report: Community Relations Manama Community& Liaison Report: Committee Reports: Public Works Committee Report: 1. No Report. Economic Development Committee Report: 1. PC 2006-22 Heartland Crossing Annexation and Planned Unit Development Agreement a. Ordinance Authorizing the Execution b. Resolution Approving the PUD Plan 2. PC 2006-34 Kendall Marketplace Development Agreement a. Ordinance Authorizing the Execution of a Development Agreement b. Resolution Approving Concept PUD c. Resolution Approving Preliminary PUD 3. PC 2006-53, PC 2006-54 and PC 2006-55 Resolution Approving the Final Plats of Bristol Bay Units 8, 9 and 10 City Council Meeting Agenda August 22, 2006 Page 5 Economic Development Committee Report(con't): 4. PC 2006-56 Resolution Approving the Final Plat of Blackberry Woods 5. PC 2006-33 Wal-Mart a. Ordinance Rezoning b. Resolution Approving the Preliminary Plan Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. No Report. Additional Business: Executive Session: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES PUBLIC WORKSI Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James CONOMIC DEVELOPMENT Committee Departments Liaisons Chairman: Alderman Munns Planning& Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention& Tourism Council Downtown Re-development City Council Meeting Agenda August 22, 2006 Page 6 COMMITTEES,MEMBERS AND RESPONSIBILITIES (con't) .PUBLIC SAFETY Committee Departments Liaisons Chairman: Alderwoman Spears Police Human Resource Comm. Committee: Alderman Wolfer Schools School District Committee: Alderman Leslie Public Relations KenCom Committee: Alderman Bock MINISTRATION; Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Spears Public Properties Library Committee: Alderwoman Burd Personnel Cable Consortium Committee: Alderman Bock HOC: TECHNOLOGY ---------------------- -- Committee Co-Chairman: Alderman Wolfer Co-Chairman: Alderman Bock PHA Draft: 0&W06-------------- _ Deleted:7 Deleted:17 ANNEXATION AGREEMENT (O'Keefe Subdivision) THIS ANNEXATION AGREEMENT ("Agreement"),is made and entered into as of this day of 2006,by and between The Betty O'Keefe Family Limited Partnership,an Illinois Limited Partnership,owner of approximately 140.9 acres of property located east of Illinois Route 47, and south of Galena Road,in Bristol Township, Kendall County, Illinois. Permanent Index Number 02-09-100-003. (hereinafter referred to as"OWNER"),the Lundmark Group,LLC,an Illinois limited liability company,develooerf lots 2& 3 which lots are legally described in _ _,_- Deleted:as to Exhibit"D" ,Property Concepts Inc.,and Illinois Corporation,developer of lot 4 _____,- Deleted:as to which lot is]egally described in Exhibit"D"(hereinafter referred to as "DEVELOPERS"), 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"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a"Party"and collectively as the"Parties" _ _ ,- Deleted: 122267/1 t 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 "SUBJECT PROPERTY"). B. OWNER desires to annex the SUBJECT PROPERTY to the CITY for the purposes of developing a water park along with other business B-3 Service Business Zoning uses. C. OWNER and DEVELOPERS desire to proceed with the development of a water park facility along with various other commercial and office uses in accordance with the terms and provisions of this Agreement. D. OWNER and DEVELOPERS propose that the SUBJECT PROPERTY be zoned under the B-3 Service Business District provisions of the City Zoning Ordinance ("Zoning Ordinance") as depicted on the Legal Descriptions of Zoning Parcels attached hereto and incorporated herein as Exhibit`B", for a water park facility and other commercial uses within the B-3 Service Business District. E. 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 zoning ,on July 26, 2006 The Plan Deleted:and conceptual site plan ------- Deleted: and Commission concluded their deliberations on this case at their July 26, 2006 meeting__City_ Council conducted the public hearing on the annexation agreement on August 22.2006 _____ - Deleted: F. The CITY, OWNER, and DEVELOPERS have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. 122267/1 2 G. The Corporate Authorities, after due and careful consideration, have concluded that the execution of this Annexation Agreement subject to the terms and provisions of this,.- Deleted:e Agreement, and the zoning, subdivision and development of the SUBJECT PROPERTY as provided for herein,will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits,promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNER, DEVELOPERS and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibit "A" as a B-3 Service Business District allowing for all permitted uses allowed in said B-3 District including a water park facility identified as commercial recreation ark as well as a mix of commercial uses in-conformance with the United—, peleted:a water park facility City ofYorkville's Comprehensive Plan. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNER and DEVELOPERS to provide for specific performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that it is in the best interest of the OWNER, DEVELOPERS and the CITY that the SUBJECT PROPERTY be developed in an orderly and efficient fashion. (iv) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. 122267/1 3 (v) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. I. It is the desire of the Parties_that the P_develo ment and use of the SUBJECT," Deleted:CITY.OWNER.and DEVELOPERS PROPERTY proceed as conveniently as may be,in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect,except as otherwise provided in this Agreement. J. The OWNER and DEVELOPERS 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. The Parties hereto further agree to supplement this Agreement with the Petition for Zoning and Annexation,and drawings submitted therewith, including the preliminary plat attached hereto as Exhibit"C" to be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time;and applicable provisions of the Illinois Deleted: Compiled Statutes and the Illinois Constitution. "- Furthermore, the preceding recitals of this Agreement are incorporated herein as if they were written in full at this place in the Agreement. 2. 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 zone the SUBJECT PROPERTY under the B-3 122267/1 q Service Business District under provisions of the CITY Zoning Ordinance. The zoning map of the CITY shall thereupon be modified to reflect the classification of the SUBJECT PROPERTY— as aforesaid. It is further understood and agreed to by the Parties that a water park facility as well as any and all customary uses and structures are permitted uses within said B-3 Service Business District. Deleted:a The Interim use,set forth below shall be permitted anywhere on the SUBJECT PROPERTY during the term of this Agreement: a. All types of crop farming. Deleted:.b. Borrow-pits - Deleted:c. ---- ---------------- ------------------------------� gtte:Stock piling ordin and sale l� Dewatenng activities. �� and nl of topsoil ----------------------- - a :d The interim uses set forth below shall be permitted anywhere on the SUBJECT ;,` :Temporary detention. PROPERTY if they are directly related to the development of the SUBJECT PROPERTY or the :f development of the Raymond Regional Storm Water Facility: :O @er Dewatering Ac ivilies. ed:Indent:Left: 0",First a. Borrow-Pits.b. Stock-piling of dirt and sale and removal Of topsoil. ed:Bullets and Numbering C. Temporary detention. d. Dewatering activities. Said interim uses shall be allowed only for activities taking place on the SUBJECT PROPERTY and not for any other off-site activities not related to the development of the SUBJECT PROPERTY. OWNER and DEVELOPERS agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development Deleted:CITY fueher agrees not to require DEVELOPER of lots 2&3 to except as modified in this Agreement. petition the CITY for zoning approval when DEVELOPER of lots 2&3 • proposed to add additional off-street parking on lot 2,attractions and/or 3. FUTURE FINAL PLATS AND FINAL ENGINEERING. The CITY features to the water park facility on 1ot3 provided tint such additional parking, attractions,or features are in compliance recognizes the development of the SUBJECT PROPERTY may occur in stages or units over a with the 8-3 Service Business District Provisions of the CITY zoning ordinance. 122267/1 5 period of time. Accordingly, the CITY grants permission to OWNER and DEVELOPERS to stage the development on their respective parcels over a period of twenty (20) years and to submit separate final plats and final engineering for approval of each phase. The CITY shall act upon any final plat and final engineering submittal within a reasonable amount of time of it's receipt of such final plat or final engineering. The plat review and consideration by the 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 SUBJECT PROPERTY that is not within the particular final plat for a parcel, phase, or unit being submitted for approval by OWNER and DEVELOPERS, provided, however, the CITY can require engineering _' Deleted:for sewer, Deleted:water,storm water,and infrastructure that crosses undeveloped parcels and/or phases. utilities 4. MODIFICATIONS OF LOCAL CODES. The specific modifications and deviations from the CITY'S ordinances, rules, and codes contained herein have been requested, approved and are permitted with respect to the development, construction, and use of the Deleted:Subject Property SUBJECT PROPERTY._("Permitted Modifications')_ .- (A) If OWNER and DEVELOPERS choose to provide on-site storm water management then OWNER and DEVELOPERS shall be granted approval by the CITY to utilize a maximum of six (6) feet of bounce in any retention areas located upon the SUBJECT PROPERTY. OWNER and DEVELOPERS shall also be permitted to utilize a four to one(4/1) side slope ratio with no buffer requirement between building lot lines and the high water mark of, .-' Deleted:on any retention areas located upon the SUBJECT PROPERTY B In addition to the sign allowed under the CITY Zonin Ordinance OWNER and Deleted:e DEVELOPERS shall be allowed one illuminated permanent sign up to one hundred(100)square feet in area on each lot advertising the water park facility,and other commercial areas located off of Route 47 and Galena Road. -The CITY shall allow the DEVELOPER of lots 2-&-3-to construct the water,"-' Deleted:P slides to a maximum height of one-hundred(100)feet. D Upon the opening of the water ark facility DEVELOPER of lots 2 & 3 shall be Deleted:c allowed to provide additional over-flow parking for the water park facility on lot 2 and a portion of lot 3 if the need arises, and QjTY also agrees to allow DEVELOPER of lots 2 &3 to utilize - Deleted: 12226711 6 lots A.3 as,grass arkin lots until the water ark facilit has been operational for at least two - - Deleted: 2 $ P- g - P y — -P -- --- Deleted:a (2) operating seasons, at which time CITY and DEVELOPER of lots 2 & 3 will evaluate the need for additional paved areas to provide additional parking. D Upon satisfaction of all other CITY ordinances the CITY shall rant occupancy_ Deleted:n and operation permits of the water park facility once temporary intersection improvements are Deleted:The temporary intersection operational,and upon Illinois Department of Transportation approval. ,- --- --- - - --------_ improvements will include a north-bound dedicated right hum lane onto the If the Raymond Re Tonal orm-Water F cilit is not o erational at the time of proposed east-west street,a new $ - �_Facility - p dedicated IeR wm lane and toper hat will completion of the water park facility the CITY shall allow DEVELOPER of lots 2&3 to utilize)t allow the stacking of approximately )` twelve(12)vehicles fuming east from interim detention upon lots 2 & 3 at a location and in a manner as approved by the CITY 01 Illinois Route 47 onto the proposed east- e`„ west street,necessary widening of engineer. If the DEVELOPER of lots 2 & 3 utilizes interim detention upon lots 2 & 3 then ^„` pavement accommodate the turn lanes, g P end temporary signals and controlling `��p` equipment DEVELOPER of lots 2 & 3 shall not be required to buy into the regional storm-water facility „l Deleted:l until they utilize said facility. In the event that Lots 2 & 3 are utilized for interim detention 01 Deleted:r purposes,then the Developer of Lots 2&3 shall not be permitted to utilize said lots for overflow Deleted:a Deleted:w parking until said lots are no longer used for detention ................................ Deleted:f (F) The Park Department has requested that the OWNER and/or DEVELOPERS Deleted: be entitled to a reduction of it's required payment tar the regional construct a ten (10) foot wide asphalt path on the south side of Galena Road Therefore the detention facility. The reduction shall be applied on a percentage basis based on CITY agrees to allow OWNER and DEVELOPER to construct said ten (10) foot wide path on reduced alit zalion of the regional nnn- water facility. the south side of Galena Road in lieu of a sidewalk at the time that Particular phase or unit of the SUBJECT PROPERTY is developed. 5. UTILITIES,EASEMENTS AND PUBLIC IMPROVEMENTS. OWNER and DEVELOPERS agree that any extension and/or construction of utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as modified by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNER and DEVELOPERS except as otherwise provided in this Agreement. The CITY represents to OWNER and DEVELOPERS that the CITY owns potable water, fire flow and water storage facilities that will have sufficient capacity to adequately serve the needs of the OWNER and DEVELOPERS and occupants of the SUBJECT PROPERTY as developed pursuant to this Agreement. 122267/1 7 With respect to sanitary sewer treatment capacity, the CITY shall assist and cooperate with OWNER and DEVELOPERS in their efforts to acquire adequate sanitary sewer treatment capacity from the appropriate sanitary district for use upon the SUBJECT PROPERTY. The CITY represents to OWNER and DEVELOPERS that except for water main recapture charges payable for the Galena Road water main extension between Bristol Bay and the Grande Reserve Development,_neither OWNER nor DEVELOPERS shall become liable to - Deleteaahac the CITY or any other party for recapture upon the annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY. However, subject to the terms of this Agreement, DEVELOPERS shall be responsible to pay sewer and water connection fees for the commercial parcels. In the event that during the development of the SUBJECT PROPERTY, OWNER or DEVELOPERS determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of the development of the SUBJECT PROPERTY, the CITY shall fully cooperate with OWNER and DEVELOPERS in causing the vacation and relocation of such existing easements and/or utilities. The CITY shall not require the OWNER or DEVELOPERS to relocate and/or bury any of the existing over-head utility that are adjacent to the SUBJECT PROPERTY. The CITY shall fully cooperate with and support OWNER and DEVELOPER'S applications for access points to the SUBJECT PROPERTY located on Illinois Route 47 and Galena Road with the Illinois Department of Transportation as well as Kendall County to insure proper development of the SUBJECT PROPERTY. The CITY shall require that the owners and/or developers of property immediately to the south of the SUBJECT PROPERTY establish cross-access easements with regard to any private drive located off of Route 47. The CITY agrees that such cross-access easements shall include the right of access by contiguous and adjacent property owners to access points onto the public right-of-way. Said access to be accomplished by crossing portions of adjacent land if necessary. Deleted:an off-site regional It is acknowledged between the Parties that the Raymond Regional Storm Water_;, Deleted:a etenbon aclh will be constructed by the CITY to provide storm water management for th_e Deleted:w --I Deleted:d entire SUBJECT PROPERTY, and the OWNER and DEVELOPERS will contribute their pro- Deleted:r 122267/1 g rated share toward construction of said facility. If the CITY is unable to construct said storm water facility to provide detention for the SUBJECT PROPERTY in a timely fashion commensurate with OWNER and DEVELOPERS anticipated development of the SUBJECT PROPERTY then OWNER and/or DEVELOPERS shall be allowed to undertake all or a portion of the construction of the off-site regional storm water detention area or provide the interim or temporary storm water storage on the SUBJECT PROPERTY as contemplated in pameranh 4(E) of this Agreement. If OWNER and/or DEVELOPERS undertake any construction of the Raymond Regional Storm Water Detention Facility it is agreed to by the Parties that OWNER _ Deletes`It fu"her and DEVELOPERS will be fully compensated by the CITY for constructing any such portion of said storm water detention facility. Compensation shall be granted to the OWNERS and DEVELOPERS by the CITY based on a reduction in the amount of the reouired buy-in amount to participate in the off-site regional storm water detention facility. The Parties will calculate the volume required to serve the SUBJECT PROPERTY,and then reduce that amount by calculating the amount of volume which was excavated by OWNER and/or DEVELOPERS OWNERS and DEVELOPERS will then only be reouired to buy-in based upon that reduced amount which takes into consideration the capacity excavated by OWNER and/or DEVELOPERS Deleted:understood that OWNER and/or DEVELOPER will be completely reimbursed by the CITY for mry The Parties further agree that during the construction of the off-site regional detention enghteenng and construction costs associated with the construction of the facility any clay or top soil removed from the site may be utilized by OWNER and/or ofesiteamm water detentionraeahy. DEVELOPERS for grading of the SUBJECT PROPERTY at no charge to the OWNER and/or DEVELOPER. Deleted:The CITY acknowledges and •________ agrees that fifty(50)percent of the east Of improving the intersection of I llinois Route 47 and the proposed east/west road 6. SECURITY INSTRUMENTS. through the SUBJECT PROPERTY will be the obligation of the property owners andlor developers of the property located A. Posting Security. DEVELOPERS shall deposit,or cause to be deposited,with the at the northwest andsouthwest quadrants or the undso t h w s CITY such irrevocable letters of credit or surety bonds("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPERS shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the Security 122267/1 9 Instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer,may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. Perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development at the sole discretion of the DEVELOPERS, as long as adjacent phases are seventy percent (70%) constructed. B. Acceptance of Underground Improvements and Streets. The CITY, once it has had the opportunity to inspect and fully confirm that the public improvements required to be constructed under this Agreement comply with CITY approved plans,specifications, and ordinances,shall approve all such public improvements, all in accordance with this agreement,and shall accept their dedication subject to the DEVELOPER'S warranty, as described herein, and shall thereafter operate, maintain, repair, and replace all such public improvements located therein. The procedure for acceptance of improvements shall comply with CITY ordinances. DEVELOPERS warrant that all public improvements required to be constructed by them hereunder shall be free from defects in workmanship or material for a period of one (1) year after acceptance thereof by the CITY. Upon notice from CITY, DEVELOPERS shall promptly commence to remedy any defects covered by the foregoing warranties, and in addition thereto, in the event that any construction or build out activity within any Phase of the development of the SUBJECT PROPERTY is determined to have damaged any public improvements previously installed by DEVELOPERS within the SUBJECT PROPERTY, then, 122267/1 10 upon notice thereof from the CITY,DEVELOPERS shall promptly commence to - repair or replace any and all public improvements so damaged. C. Reduction of Surety Within sixty (60) calendar days after (a) receipt of notice from the OWNER and/or DEVELOPERS that certain of the public improvements and facilities within a phase of the SUBJECT PROPERTY under development have been completed, and (b) delivery to the City of all required documentation (including without limitation material certifications), the City Engineer shall inspect said improvements and indicate, in writing, either his approval or disapproval of the same. If such improvements are not approved, the reasons therefore shall,within said sixty(60)calendar day period,be set forth in a written notice to the DEVELOPERS. Upon the DEVELOPERS correction of the punch list items set forth in said notice,the City Engineer,at the DEVELOPER'S request, shall re-inspect the improvements to be corrected and either approve or disapprove said improvements, in writing within sixty (60) working days of receipt of the DEVELOPER'S notice requesting said re-inspection. As public improvements are partially completed and paid for by the DEVELOPERS and accepted by the CITY the Security Instruments deposited by the DEVELOPERS with the CITY, if requested by the DEVELOPERS, may be proportionately reduced or released on an individual improvement-by-improvement basis. Notwithstanding anything herein to the contrary, the CITY shall have no obligation to reduce or release the last ten (10%) of any Security Instrument provided hereunder until all warranty obligations DEVELOPERS secured thereby have lapsed. D. Construction of Offsite and Onsite Improvements OWNER and DEVELOPERS shall be allowed to construct the required off site and onsite improvements simultaneously with the issuance of building permits for individual buildings, but it is understood that building permits may not be issued unless OWNER and/or DEVELOPERS have provided adequate road access(i.e. 122267/1 11 gravel course or paved roads) to the lots for emergency vehicles and has provided sufficient water supplies for fire fighting purposes. All other offsite and onsite improvements(except final lift of bituminous asphalt surface on roads if weather, labor strikes, plant closings or any other condition or circumstance beyond DEVELOPER'S control prevents installation of such improvements), serving any said lot or building shall be installed by DEVELOPERS and approved by the CITY, however, before an occupancy permit is issued for said buildings, the balance of the required onsite subdivision improvements not required to serve said buildings may be constructed in phases after issuance of the aforesaid occupancy permit,as the development on each phase progresses. E. Utility Permits The CITY shall issue permits to OWNER and DEVELOPER to authorize the commencement of construction of utility improvements on the SUBJECT PROPERTY or any Parcel or Phase thereof prior to: (i)approval of a final plat of subdivision; (ii) prior to construction of the CITY utility improvements provided,(1)such construction is undertaken at the risk of a 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 CITY to determine the nature and scope of the improvements being constructed: (3) the preliminary subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY;and(4)the IEPA and the sanitary district, as applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase or Unit on which the improvements are being constructed. The CITY agrees to process 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. OWNER and DEVELOPER acknowledge that the CITY signatures on the IEPA permit applications do not constitute final plat or plan approval. OWNER and DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, 122267/1 12 sustain or incur because other governmental agency takes action against the CITY after OWNER and DEVELOPER undertake development activities pursuant to the provisions of this Subsection 6. 7. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY,including,without limitation those pertaining to subdivision controls,zoning,storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five(5)years from the date of this Agreement. Anyamendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNER and DEVELOPERS during said five (5) year period. The CITY shall give the OWNER and DEVELOPERS a six (6) month grace period from the date they are notified of any changes to the ordinances,regulations,and codes of the CITY in order to comply with the new regulations. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the approval 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 SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. 8. BUILDING CODE. The City has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in effect of the date of the building permit application will govern any and all construction activity within the Subject Property. 122267/1 13 9. FEES AND CHARGES. During the first five (5) years following the date of issuance of the first building permit, the CITY shall impose upon and collect from the OWNER and/or DEVELOPERS, and their respective contractors and suppliers,only those permit, license, tap on and connection fees and charges,and in such amount or at such rate,as are in effect on the date of this Agreement and as ALegenerally applied throughout the CITY,except for water meter_- - Deleted:rs fees and any other fees as otherwise expressly provided for in this reement. At the ex iration P YP — P of this five year term, the CITY shall give the OWNER and DEVELOPERS a six (6) month grace period from the date they are notified of any changes to the permit, impact, license,tap on and connection fees and charges in order to comply with the new regulations. DEVELOPERg lots 2 & 3 and CITY agree that the CITY will impose and collect a five,- Deleted:s percent(5%) admissions tax(hereinafter"Admissions Tax")on the total net collected admission revenues collected by the water park facility for a period of ten(10) years commencing with the opening date of said water park facility. DEVELOPER of lots 2 & 3 will remit the total Admissions Tax to the CITY within thirty (30) days after the last operating day of a given season. The DEVELOPER of lots 2 &3, and CITY further agree that fifty-five percent(55%) of any funds collected by the CITY as a result of the aforesaid CITY Admissions Tax will be rebated back to the DEVELOPER of lots 2&3 within thirty(30)days of receipt by the CITY to offset the DEVELOPER of lots 2 &3 extraordinary land acquisition costs as well as the cost of constructing a public east/west road through tots 2&3. 10. CONTRIBUTIONS. The City shall not require the OWNER and DEVELOPERS to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 11. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNER and DEVELOPERS shall be entitled to construct, maintain and utilize development identification, marketing and location signs on Route 47 and Galena Road, and at such other locations within the corporate limits of the CITY as OWNER and DEVELOPERS may designate subject to sign 122267/1 14 permit review and issuance by the CITY. Development identification, marketing, and location signs located on the Route 47 and Galena Road shall be allowed to have a maximum surface area of one-hundred and eight square feet(180), and shall be fifteen(15) feet high, and twelve (12) feet wide. Additionally, each out-lot within the SUBJECT PROPERTY shall be allowed an individual monument style sign on said lot a minimum of eight(8)feet high and fifty(50)square feet per side. Any Offsite Signs will not be located on public right-of-ways. OWNER and DEVELOPERS 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., --------J- Deleted: 11 - 12. CONSTRUCTION TRAILERS. OWNER and DEVELOPERS may locate temporary construction trailers upon the SUBJECT PROPERTY during the development and build out of the SUBJECT PROPERTY_ Deleted:said property provided an such trailer shall be removed within one (1) week followin Issuance of the last Deleted:within wo(2)weeks p Y - g --- �� final occupancy permit. A permit will be required by the CITY for any trailer which will be - Deleted` connection to CITY electricity - Deleted:that will be utilized as office . . - --- ----------------- - - - -------- _________ space 13. 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 SUBJECT PROPERTY as required and approved by OWNER and DEVELOPERS for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. A 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. 0.56" 14. ROUTE 47 IMPROVEMENTS Formatted:Indent:Lek:" Formatted:Bullets and Numbering A.Dedication of Land Upon CITY veriainz to OWNER and DEVELOPERS that the fundine-"__ Formatted:Font:Bald,underline mechanisms contemplated in the subsequent paragraphs are adequately provided for then within 122267/1 15 30 days of a written request from the CITY which includes legal descriptions and exhibits as necessary, OWNER and DEVELOPERS shall by warranty deed Brant fee simple title to a fiftv- five foot(55')wide strip of land along the westem portion of the SUBJECT PROPERTY to the Illinois Department of Transportation to provide the necessary land for widening of Route 47 It is further agreed to by the CITY that OWNERS and DEVELOPERS shall not be obligated to dedicate any land or grant anv easements for the widening and/or realignment of Route 47 other than as stated in this paragraph. B. Value of Land Dedication and Credits The Parties agree that the land which is to be Formatted:Indent:First line: o" --- Formatted:Font:Bold,underline dedicated to the Illinois Department of Transportation to provide the necessary right of way for the widening of Route 47 is valued at two-hundred and seventy-five thousand dollars ($275,000.00) per acre. The Parties further agree that the value of the land to be dedicated for widening of Route 47 will be added into the total gross cost calculations of improving Route 47 and OWNER and DEVELOPER'S will be credited for said land dedication through a reduction in the amount they are required to contribute for Route 47 improvements and/or signalization. Therefore. OWNER and DEVELOPER'S required cash contribution toward improving and/or signalizing Route 47 will be reduced by the dollar value of the fifty-five foot(55')wide parcel of land which they shall dedicate to the Illinois Department of Transportation Furthermore. OWNER and DEVELOPERS shall not be required to make any cash contribution toward the design, eneineerine, or construction of Route 47 improvements and/or signalization until the credits for the land dedication described in the preceding paraeraph have been applied to OWNER and DEVELOPER'S portion of Route 47 design engineering, construction and/or signalization. For example, if the cost of the land to widen Route 47 is valued at two million dollars ($2,000,000.00),and the cost of improving and/or signalizing Route 47 is twenty million dollars ($20,000.000.00) the total cost of the project would then be calculated to be twenty-two million dollars ($22.000,000.00). Assuming that the OWNER and DEVELOPER'S share of the improvement cost of Route 47 was assessed at sixteen (16) percent then their required contribution would be three million eight hundred and forty thousand dollars($3,840,000). The OWNER and DEVELOPERS would be credited for the two million dollar ($2,000,000) land 122267/1 16 dedication and would then be required to contribute one million eight hundred and forty thousand dollars($1,840,000)toward Route 47 improvements and/or sienalization. C. Tax Rebate Agreement.To offset the extraordinary land cost associated with the OWNER and DEVELOPER'S land dedication required by the CITY for Route 47 widening, as well as any improvements and/or sienalization along Route 47 mandated by the Illinois Department of Transportation, the CITY agrees to enter into a sales tax rebate agreement with OWNER and DEVELOPERS. The CITY shall place in a separate account for the benefit of OWNER and DEVELOPERS one hundred percent (100%) of the CITY'S one percent (1%) portion of the state retailer's occupation tax received by the CITY as a result of the development of the SUBJECT PROPERTY. The period of computation of the sales tax rebate agreement will begin separately for DEVELOPER of Lots 2 &3; DEVELOPER of Lot 4: and OWNER when OWNER undertakes development of Lot I. The period of computation shall begin for DEVELOPER of Lots 2&3: DEVELOPER of Lot 4,and OWNER upon occupancy of the first unit of commercial retail development within each respective Lot on the SUBJECT PROPERTY, and will continue for a period of twenty (20) years or until the OWNER and DEVELOPERS have been rebated one hundred percent (100%) of their Route 47 land dedication, as well as one-hundred percent (100%) of any required Route 47 improvements and/or sienalization including but not limited to design,engineering.as well as six percent(6%) interest. It is further agreed by the Parties that the benefits contemplated under the sales tax rebate agreement are assignable at the sole option of the OWNERS and/or DEVELOPERS as to their portion of the sales tax rebate. Upon written assignments by the OWNER and/or DEVELOPER'S such assignees shall have all rights currently vested in OWNER and/or DEVELOPERS under the sales tax rebate agreement and applicable law,and shall be entitled to enforce such rights through any equitable or legal action. If any portion of lots 1,2, 3, or 4 are sold by OWNER or DEVELOPERS,OWNER and DEVELOPERS shall be entitled to continue to receive payments for their expense in dedicating land, improving, and/or signalizing Route 47 pursuant to the sales tax rebate agreement unless specifically assigned by OWNER and/or DEVELOPERS. OWNER and/or DEVELOPERS may assign a portion or all of their rights under the terms of the sales tax rebate agreement to any future developer, owners, institutions, 122267/1 17 or individuals at the OWNER'S and/or DEVELOPER'S sole discretion. Lastly, if DEVELOPER of Lots 2 & 3, and/or DEVELOPER of Lot 4 fail to purchase said lots from OWNER then OWNER reserves the right to retain the sales tax rebate for itself upon develooment of the SUBJECT PROPERTY, or assign the sales tax rebate to an alternative purchaser of Lots 2,3,&4 at it's sole option. JI. State Cooperation to Improve Route 47. It is contemplated between the Parties that the _ Formatted:Font:Bold,underline CITY will seek cooperation with the State of Illinois to create a business district which would allow for the generation of additional sales tax revenue on the SUBJECT PROPERTY,at a rate of no more than an additional one percent(1%) tax. If the MY is successful in obtaining the additional tax revenues through the State of Illinois, then one hundred percent (100%) of all revenues received as a result of the aforesaid additional tax would be rebated back to the OWNER and DEVELOPERS by CITY as reimbursement for OWNER and DEVELOPER'S costs incurred in dedicating land, improving and/or signalizing Route 47. Furthermore,at the CITY'S sole discretion,the CITY may petition the State of Illinois to relinquish a percentage of the State's portion of the State Retailer's Occupation Tax, and pay any such funds relinquished directly to the CITY. If the State of Illinois enters into such an agreement with the CITY to release any portion of the State's share of the State Retailers Occupation Tax then one-hundred percent (100%) of such funds shall be paid by the CITY to the OWNER and DEVLOPERS to help offset the OWNER and DEVELOPERS extraordinary e�7x enses incurred in dedicating land,improving and/or signalizing Route 47. As an incentive for the CITY to pursue the creation of a Business District and/or petition the State of Illinois to relinquish a portion of the State's State Retailer's Occupation Tax on behalf of OWNER and DEVELOPERS as specified in the preceding paragraphs, and the CITY does so secure either of the two aforementioned mechanisms in an amount not less that one percent (1%)for a period of twenty(20) years,or until the OWNER and DEVELOPERS have been rebated one hundred percent (100%) of all expenditures incurred in dedicating land, improving and/or signalizing Route 47 including but not limited to design, engineering,and six percent (6%) interest, then OWNER and DEVELOPER'S agree to reduce the amount of the sales tax rebate between the Parties from one-hundred percent(100%)of the CITY'S portion of the State Retailers Occupation Tax to fifty percent (50%) of the CITY'S portion of the State 122267/1 18 Retailers Occupation Tax. Furthermore if the State of Illinois agrees to refund a portion of it's State Retailer's Occupation Tax and/or a Business District Tax is enacted which either sertarately or cumulatively result in a two percent (2%) or greater sales tax rebate to the OWNER and DEVELOER, for a period of twenty (20) Years, or until the OWNER and DEVELOPERS have been rebated one hundred percent(100%) of all expenditures incurred in dedicating land, improving and/or signalizing Route 47 including but not limited to design engineering, and six percent (6%) interest then the Parties agree that the sales tax rebate agreement mandated in paragraph 14(D) shall become null and void, and the CITY shall be entitled to keep one-hundred percent (100%) of it's share of the State Retailer's Occupation Tax. . 15,_ OVERSIZING OF IMPROVEMENTS._ -------- - --------.. - - i Deleted:14 Deleted:eimbmaement re A. Recaptu Agreement. In the event the CITY requests_OWNER and/or , DEVELOPERS to construct a CITY improvement beyond that needed for the proposed development or other public improvement, including oversizing and or deepening of such improvements,which will serve property other than the SUBJECT PROPERTY,and benefit the CITY as a whole, then the CITY agrees to °rant a recapture agreement for the benefit of the— OWNER OWNER and/or DEVELOPERS for such expenses including engineering, construction, and other costs including a six percent (6%) interest fee, which may reasonably be expected to be incurred by the OWNER and/or DEVELOPER. Furthermore the CITY agrees to directly reimburse the DEVELOPER of lots 2 &3 fifty (50)percent of the cost of engineering and constructing a public street along the frontage of lot 2. The DEVELOPER of lots 2&3 shall be responsible to pay the remainder of the engineering and construction cost to extend the public street to intersect with Route 47 subject to recapture as identified in the subsequent paragraph. Deleted:in[lie event don,the CITY B. Recapture Agreement. Subsequent to the DEVELOPER of lots-2 & 3-.designing,- reQ°'m Deleted:to - engineering, and constructtng,a public roadway through any portion of lots & 3 the -TTY Deleted:aid inataa agrees to adopt a recapture ordinance,that w_i_ll_provide for,recapture to the_DEVELOPER of ,- Deleted:agreement lots 2 & 3 for the cost of constructin uch_ roadway, _including en ineerin Best n Deleted:ure reimbmaement � 'S -Y g B,�T � Deleted:ion construction, six(6) percent interest, and other costs from property owners who are provided a , Deleted: 122267/1 19 direct benefit from such public improvement as determined by the CITY. The CITY shall adopt the recapture ordinance within a reasonable time following notice from OWNER and/or DEVELOPERS that the improvements are complete. The recapture ordinance shall provide for the payment of all recapture sums due at the time of connection, or use by any benefited property owner. However, it is understood among the Parties that no recapture ordinance for the public road to be constructed on lots 2& 3 will be enforced against the OWNER unless they develop or sell their portion of the SUBJECT PROPERTY. If OWNER develops the property then they shall be subject to the recapture identified in this paragraph, and if OWNER sells the property then recapture will be enforced against the purchaser of the OWNER'S parcel as described in this paragraph. •________________ Deleted:IS. ENC THE __ _ _ _ _. . _ _ _ __ _ __ - ___ _______ SUBJECT PROPERTY,CITY acknowledges that OWNER has granted 116 LIMITATIONS. In no event, including, without limitation, the exercise_____ ise of the the Yorkville Bristol Sanitary District _ - - thirty(30)foot easement along the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes(2002)ed., �� southern property line of the SUB]ECT PROPERTY for the placement of shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public sanitary sewer pipeline which will provide sanitary sewer service to the SUBI ECT PROPERTY as well as purposes,except as otherwise provided in this Agreement. surrounding properties. Therefore,the CITY agrees to grant OWNER and DEVELOPERS a credit of in the amomn of m.-hundred thousand dollars 1,7_ DISCONNECTION. OWNER and DEVELOPERS shall develop the SUBJECT ($100.000)for the aPorementioned - - ----- easement to be applied against the PROPEERTY in accordance with the terms of this agreement, and shall not, as either the OWNER and DEVELOPER'S required � payment of CITY development fees.r^�P OWNER or DEVELOPERS of said property, etition to disconnect an applied et the time of buiWhtg peon p y portion or all of said appliene.q r � property from the CITY or from any service provided by the CITY. Deleted:16 Deleted:7 CONFLICT IN REGULATIONS. _The provisions of this Agreement shall . Deleted:g supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. TRANSFER. OWNERS and/or DEVELOPERS may assign this A reement _ Deleted:19 without CITY approval,but only in connection with its conveyance of all or any part of the SUBJECT PROPERTY,and upon said assignment and acceptance by an assignee,the OWNERS and/or DEVELOPERS shall have no further obligations hereunder as to the that portion of the 122267// 20 SUBJECT PROPERTY so conveyed,but shall continue to be bound by this Agreement and shall retain the obligations created thereby with respect to any portion of the SUBJECT PROPERTY retained and not conveyed. If OWNERS and/or DEVELOPERS or its successors sell a portion of the SUBJECT PROPERTY, the seller shall be deemed to have assigned to the purchaser any and all rights and obligations it may have under this Agreement(excluding rights of recapture,reimbursement proceeds,admission tax rebate proceeds,sales tax rebate Proceeds and business district tax proceeds)which affect the portion of the SUBJECT PROPERTY sold or conveyed and thereafter the seller shall have no fu�ther obligations under this Agreement as it relates to the portion of the SUBJECT PROPERTY so conveyed,but any such seller shall retain any rights and obligations it may have under this Agreement with respect to any part of the SUBJECT PROPERTY retained and not conveyed by such seller. Notwithstanding any such assignment of this Agreement or any such sale or conveyance,unless the successor to or assignee of the DEVELOPERS of all or a portion of the SUBJECT PROPERTY shall have deposited and substituted its letter of credit as security for the construction,repair and maintenance of roadway or other public improvements with the CITY,the OWNER DEVELOPERS or other seller though otherwise released from all obligations hereunder,shall keep its letter of credit on deposit with the CITY until such time as the OWNER.DEVELOPERS or the successor to or assignee of the OWNER.DEVELOPERS have provided a substitute letter of credit.] Comment: 20 _ LIABILITY OF OWNER It is expressly understood-a-nd agreed by and among _--' netetea:2a the Parties hereto that all responsibility of OWNER under this Agreemet shall be extinguished simultaneously with the transfer of title to any portion of the SUBJECT PROPERTY,as to that particular portion of the SUBJECT PROPERTY from the OWNER to any Purchasers, including but not limited to the DEVELOPERS herein. Thereafter,the purchasers or DEVELOPERS assume all of the responsibilities and obligations of the OWNER under this Agreement. It being understood and agreed,however, that OWNER shall also have no obligation to perform the obligations of the DEVELOPERS,unless said OWNER agrees in writing to assume said obligations. 122267/1 21 2L_ GRADING The CITY will permit the OWNER and DEVELOPERS to grade Ceteted:i within the SUBJECT PROEPERTY before final plat approval for any particular phase of the development of the SUBJECT PROPERTY is granted, under the following conditions. A. Prior to commencement of work for any phase,the CITY engineer shall review and approve the OWNER and/or DEVELOPERS preliminary grading plans for such phase,including interim detention,erosion and sedimentation control measures. B. the OWNER and/or DEVELOPERS shall assume all risk for such work performed on the basis of the preliminary grading plan and shall agree to modify graded,if so required to satisfy the final approved grading plan and conditions of the final plat and final engineering approvals. C. The OWNER and/or DEVELOPERS shall provide the CITY an acceptable form of surety to provide funds for the restoration of the site or correction of any noncompliant conditions that may exist in connection with OWNER and/or DEVELOPERS grading and earthmoving and clearing activities. D.The OWNER and DEVELOPER shall comply with all aspects of the CITY'S erosion and sediment control ordinance. 21„_ GENERAL PROVISIONS Deleted:2 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 spaii;c 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, DEVELOPERS and their successors in title and interest,and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNER and DEVELOPERS,and the CITY. 122267/1 22 C. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested,postage prepaid,addressed as follows: (I) If to OWNERS Betty O'Keefe Family Limited Partnership c/o Kim O'Keefe 5576 Hwy 50 Suite 8 Delavan,WI 53115 with copies to: Scott Christian Thorpe,Compton&Christian, S.C. 1624 Hobbs Drive,Suite I Delavan,WI 53115 (11) If to The Lundmark Group LLC Randy Witt DEVELOPER: 5349 W.Cinema Drive Of lots 2&3 Hanover Park,IL.60133 with copies to: John Philipchuck Dommermuth,Brestal,Cobine&West Ltd 123 Water St. Naperville,IL 60566 122267/1 23 Fax:(630)355-5976 James N.Urhausen The Urhausen Group 1650 E.Main Street St.Charles,IL.60174 with copies to: Kate McCracken ,Attorney at Law. ------1001-E.- ---- --- Deleted: Main Street Suite(i Deleted: St.Charles,IL. 60174 -_ Deleted: ------------------------ ------- Deleted: (III)If to DEVELOPER Angelo Kleronomos Of lot 4 Property Concepts 2679 Route 34 Oswego,IL.60543 with copies to: Dean Kleronomos Lorenzini&Associates 2683 Route 34 Oswego,IL. 60543 (IV) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville,II 60560 Fax: (630)553-7575 with a copy to: John Wyeth Esq. 800 Game Farm Rd. Yorkville,1160560 Fax:(630)553-7575 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severabilitv This Agreement is entered into pursuant to the provisions of the Agreements With Owners of Record Act of the Illinois Municipal Code(65 ILCS 5111-15.1-1, et seq.) 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 122267/1 24 any court of competent jurisdiction,said part,portion,clause,word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNER and DEVELOPERS shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT 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 SUBJECT PROPERTY as to provisions applying exclusively thereto,without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNER and DEVELOPERS to sell or convey all or any portion of the SUBJECT PROPERTY,whether improved or unimproved. H. Necessary Ordinances and Resolutions The CITY shall pass all ordinances and resolutions necessary to permit the OWNER and DEVELOPERS, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. L Term of Agreement. The term of this Agreement shall be twenty(20)years. In the event construction is commenced within said twenty-year period all of the 122267/1 25 terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPERS/OWNER. I. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording This Agreement shall be recorded in the Office of the Recorder of Deeds,Kendall County,Illinois,at OWNER and DEVELOPER'S expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. 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 Subject Property. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville-BDeleted:•F..MetYorkville-Bristol Sanitary D1strlcL or any other governmental agency_ that Red...fion District 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 122267/1 26 contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Exculpation It is agreed that the CITY is not liable or responsible for any restrictions on the CITY'S obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPERS and OWNER, including,but not limited to,county,state or federal regulatory bodies. 122267/1 27 IN WITNESS WHEREOF,the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. CITY: DEVELOPER OF LOTS 2&3: UNITED CITY OF YORKVILLE, The Landmark Group LLC., an Illinois municipal corporation an Illinois limited liability company By: By: Title: Mayor Manager Attest: Title: City Clerk -- Deleted:Dared: DEVELOPER OF LO'C 4: Property Concepts Inc., an Illinois Corporation By: President Attest: - Deleted:y 122267/1 ----- -------- Deleted:11 OWNER: 13ETTY O.KEEFE FAMILY LIMITED PARTNERSHIP .An Illinms Li __ __mited Partnershi�:________________________________________ Formatted:Font:Not Bold P \ ,B _ th > `�\ \ Formatted:Font:Not Bold yBeO eefeProp erties,L_L.C_,Gene-----ner______________________ Formatted:Font:Not Bold ,B Y "\ \ Formatted:Font:Not Bold _________ "` ' `�,\ Formatted:Font:Not Bold ju[tm__W_ _O Keefe,Manager.________________________________ Formatted:Font:Not Bold Formatted:Font:Not Bold Formatted:Font:Not Bold Formatted:Font:Not Bold Formatted:Font:Not Bald Formatted:Font:Not Bold Formatted:Font:Not Bold Formatted:Font:Not Bold 122267/1 29 L� STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AGREEMENT (Landscape Depot) WHEREAS, Landscape Depot of Yorkville, LLC is the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS, Landscape Depot of Yorkville, LLC, developer of the Property has made application by petition for the rezoning of the Property pursuant to an Annexation of the Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property as B-3 —Service Business District, subject to development as proposed in the presentation. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as B-3 Service Business District as described in attached Exhibit "A„ 2. The Property shall be developed according to the terms of an Annexation Agreement previously adopted. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin VJyeth City Attorney United City of Yorkville 800 Game Faun Road Yorkville, IL 60560 Fdhibit A LEGAL DESCRIPTION THAT PART OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPLE MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER 157.0 FEET; THENCE SOUTH ALONG A LINE WHICH FORMS AN ANGLE OF 1300 28' 00" WITH THE LAST DECSRIBED COURSE MEASURED COUNTER-CLOCKWISE THEREFROM, 444.03 FEET TO THE CENTER LINE OF ILLINOIS STATE ROUTE 126; THENCE NORTHWESTERLY ALONG SAID CENTER LINE 709.43 FEET TO THE NORTH LINE OF SAID SOUTHEAST QUARTER; THENCE EAST ALONG SAIND NORTH LINE 890.28 FEET TO THE POINT OF BEGINNING IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PIN: 05-04-400-003 ADDRESS: 9211 WEST ROUTE 126,YORKVILLE, ILLINOIS STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE No. 2006-_ ORDINANCE APPROVING VARIANCE FOR VARIOUS SIGNS AT COMMERCIAL PROPERTY LOCATED AT THE NORTHEAST CORNER OF ROUTES 47 AND 34 (BP Gasoline Station) WHEREAS, Steve McCleary on behalf of BP Product North America ("Petitioners") filed ZBA Petition 200-6-38 requesting a variance for various signs for the Reconstruction of the Gasoline Service Station and Car Was specifically described in the Petition; and WHEREAS, the Petitioners indicate that they plan to substantially improve the real property to enhance the value of the property and improve the aesthetics of the neighborhood; and WHEREAS,the Zoning Board of Appeals of the United City of Yorkville held a public hearing with regard to said Petition, and WHEREAS, the Zoning Board of Appeals solicited and accepted public comment on the issues before it and made specific findings of fact related to the granting of the variances sought, and WHEREAS, the Zoning Board of Appeals recommended the approval of all requested variances with a condition that brick should be placed around the pole at the bottom of the perimeter signs; and WHEREAS, the Mayor and City Council of the UNITED CITY OF YORKVILLE have reviewed the findings of fact made by the Zoning Board of Appeals, considering the public comment presented at the public hearing and have determined that the requested variance is appropriate under the circumstances presented by the Petitioners; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, the following Variances are hereby granted from the United City of Yorkville Code, Title 8 —Building Regulations, Chapter 11, Signs: 1. a variance to Section 8-11-4C(3a) of the United City of Yorkville Zoning Code is hereby vaned to permit 5 fagade signs on the west fagade and 3 on the south for a total of 8 with 4 to be considered point of sale signs which will be changed periodically which would be located 2 on the west and 2 on the south. 2. a variance to Section 8-11-7C of the United City of Yorkville Zoning Code is hereby varied to permit an increase in the total signage located on the property from 325.32 to 391.31 square feet. 3. a variance to Section 8-11-71) of the United City of Yorkville Zoning Code is hereby vaned to permit an increase in directional type signs from 6 to 9 square feet. 4. a variance to Section 8-11-71) of the United City of Yorkville Zoning Code is hereby vaned to permit a sign along a fagade that does not front a road or major driveway. As a condition for each and every one of the variances granted herein,the City requires that the perimeter poles be covered in masonry in a form as submitted to the City Council at its Committee of the Whole meeting on August 15, 2006, and that the two perimeter pole signs shall be moved not later than the completion of the redevelopment of the property. No other variance from the City Code for design, plan or specifications for said structure is permitted by this Ordinance. IN WITNESS WHEREOF, this Ordinance has been enacted this_day of , 2006 by the City Council of the United City of Yorkville. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE No. 2006- ORDINANCE APPROVING VARIANCES FOR REDUCTION OF DRIVEWAY WIDTH,PARKING STALL LENGTH, INCREASE OF BUILDING HEIGHT, NUMBER AND LOCATION OF WALL SIGNS, AND SIZE AND LOCATION OF FREESTANDING SIGNS FOR COMMERCIAL PROPERTY AT NORTHWEST CORNER OF COUNTRYSIDE PARKWAY AND U.S. ROUTE 34 (WALMART DEVELOPMENT) WHEREAS, Atwell-Hicks ("Petitioner") filed ZBA Petition 2006-41on behalf of landowners Don and Carol Hamman and in furtherance of the acquisition and development of the property by Wal-Mart, Inc. requesting variances reducing driveway width, reducing parking stall length, increasing building height, adjusting location and number of wall signs, and adjusting number size and location of freestanding signs which is more specifically described in the Petition and its attachments; and WHEREAS, the Petitioners indicate that they plan to substantially improve the real property to enhance the value of the property in an aesthetically pleasing manor; and WHEREAS, the Zoning Board of Appeals of the United City of Yorkville held a public hearing on August 8, 2006 with regard to said Petition, and WHEREAS,the Zoning Board of Appeals solicited and accepted public comment on the issues before it and made specific findings of fact related to the granting of the variances sought, and WHEREAS,the Zoning Board of Appeals recommended the approval of the certain requested variances for driveways ,parking stalls, increase in building height, and the number and location of wall signs, (concerning Sections 10-11-3E, 10-I1-3C and 10-7D- 6, respectively) all as set forth more specifically in the staff report dated August 17, 2006 attached hereto and incorporated herein, and WHEREAS,the Zoning Board of Appeals approved a fagade sign as presented,but disapproved of variances for height and number of freestanding signs (Sections 8-11-C3 and 8-11-4C2, respectively) all as set forth more specifically in the staff report dated August 17, 2006 attached hereto and incorporated herein, and furthermore recommended an allowance for 2 "tire lube express" ("TLE") signs based upon certain criteria recommended by ZBA, and WHEREAS,the Mayor and City Council of the UNITED CITY OF YORKVILLE have reviewed the findings of fact made by the Zoning Board of Appeals, considered the public comment presented at the public hearing, considered Petitioners comments at the August 15,2006 Committee of the Whole meeting, and have determined that the requested variances are appropriate,with the exception of the TLE signs,under the circumstances presented by the Petitioners; NOW THEREFORE BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,upon Motion duly made, seconded and approved by a majority of those so voting,the following Variances are hereby granted from the United City of Yorkville Code,Title 10 -- Zoning for the real property, and Title 8—Building Regulations, Chapter 11 Signs as more fully described in the petition: a. a variance from Section 10-7D-6 of the Zoning Ordinance to allow a building height of 30 feet eight inches with parapets extending to a height of 41 feet eight inches, instead of the maximum allowable height of 35 feet; b. a variance from Section 10-11-313 of the Zoning Ordinance to allow five entrances with 36 foot curb cuts to allow easier access for trucks and customer vehicles, instead of the maximum allowable width of 25 feet; and C. a variance from Section 10-11-3C of the Zoning Ordinance to allow parking space dimensions of 9.5 feet by 18 feet, instead of the required dimensions of 19 feet by 9 feet for 60° spaces and 8.5 feet by 18.5 feet for 90° spaces. d. a variance from 8-11-C3a to allow fagade signage in accordance with the depictions prepared by the petitioner's architect and submitted to the City at the ZBA hearing, a copy of which is attached hereto; e. a conditional variance from Section 8-11-4C2, specifically to allow two perimeter signs at the locations indicated on the submittals provided that they are constructed of masonry fagade with columns to match the masonry on the main building, with a height not to exceed 8 feet, (measured from top of curb), and total sign area not to exceed 100 square feet; f. a conditional variance from Section 8-11-4C2 specifically to allow two interior signs at the locations indicated on the submittals provided that they are constructed of masonry fagade with columns to match the masonry on the main building, with a height not to exceed 8 feet, (measured from top of curb), and total sign area not to exceed 100 square feet; g. a conditional variance from Section 8-11-C3a to allow fagade signage increases in number(from 4 maximum)to 19 along the south fagade, 5 along the east fagade and 8 along the west fagade, all as depicted on the elevation attached hereto and incorporated herein. IN WITNESS WHEREOF,this Ordinance has been enacted this_day of 2005 by the City Council of the United City of Yorkville. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 i Page 1 of 4 UNITED CITY OF YORKVILLE COMMITTEE OF THE WHOLE SPECIAL MEETING CITY HALL CONFERENCE ROOM JULY 11, 2006 6:00 P.M. ELECTED OFFICIALS PRESENT: Mayor Art Prochaska Alderman Marty Munns (arrived 6:20 p.m.) Alderman Jim Bock Alderman Rose Spears Alderman Paul James City Treasurer Bill Powell Alderman Jason Leslie City Clerk Jackie Milschewski CITY STAFF PRESENT: City Administrator John Crois Assistant City Administrator Bart Olson Public Works Director Eric Dhuse Community Development Director Travis Miller City Attorney John Wyatt Director of Parks &Recreation Dave Mogul Policed Chief Harold Martin Finance Director Susan Mika GUESTS: See attached list. PUBLIC HEARING None. PRESENTATIONS None. ITEMS RECOMME NDED BY COMMITTEE FOR CONSENT AGENDA: MAYOR Coffee with the Mayor The next Coffee with the Mayor will be held July 15, 2006 at Panera Bread, 1206 N.Bridge Street(Route 47)from 9:00 to 11:00 a.m. Overnight Parking Ban Survey The Public Safety Committee recommended the draft survey and a special mailing for it. The Council reviewed the survey and discussed the turn-around time for returning the survey. Attorney Wyeth noted that a decision for a referendum was needed by September 1,2006. Mayor Prochaska felt that the surveys would need to be returned by the middle of August. It was discussed that the timing was cutting it close to September V so it would be better to go to referendum next year if necessary. After a brief discussion it was the consensus to have the survey to the public by August 1,2006 with a return date of August 31, 2006. DETAILED BOARD REPORT—BILL LIST Alderman Spears questioned the following items on the bill list: o Page 15,Menards—Water OP-Car Wash for$12.68 -Director Dhuse explained that this was for car wash soap. ; - ...�... ,..;�.;. ®nr 3; •,...:.,�ve_ s ...,�.,. xz -i ... ^ .5 rt ..; 'sa{, � -� ^4`•""� ,a. 1111P ....„. ,,,,,,.,....., . . . -i-?z,,,,,:,4 ._ 3 WAL*MART �,; _ -, ----. . 7 r fs .... ,g.. _ .. , __. .,a� _ - � FRONT PERSPECTsVE(N.T.S.) EPS PANNcO -... ZFS P.\-ED EFS Pa\-ED PACs\V .\\c,o 5 — n?.G:.1:,se=Law=34,A any.,•c-_•3Lt TV.rn, .= -:.T'A.fit_:F-5\v ESC.... a<6 ,SO_ "f — .t-0 ��'6� �...B..3N•„ 3c4__ ..--"32.k.L�A DCB _ _ ^L^.R-tib iS3E— ,M4 —c=. th m-N �� WAL*MART : `.' � o llo Se'..For Less II_ I _ .••••-.: n SQ TH ELEVATION • • Y I lii IPI_ 1 -¢. `\ELLE./...EEN\\,_ NORTH ELEVATION Za_%F.,tia —cr-a2 \ta aC.-F._-3:::3`"1=_¢-Ss_a_C2 \C¢'-F.3\Q,-,S= __ ;3`- 10. l9 i - . Rm. nlms WEST ELEVATION tV'EGZ`L',COS. ...7 B_�< ON-ESP-A-2,CC D BLA_... IN—ESP,i.,\',.O. B_Y_-- ...tea \---.B2...,^--. _.. ... v _ AL•MART ._.. —-__ _�_--- ---__- W • .\.P.,=s.xe:Pa\1EP EAST ELEVATION E.ow*� • cam.:SW v,;.=. Yorkville, Minois Store # 4462 ,,•' c h t e e t u r e xii . _ _ ,,, 4" ,' Engineering i SYER:L.I°a: portrayty the e n of of aster intent and may not ua+mabmien that colors, tv Ito then Ro•einso Ne AtknMnn;s^5a Phone q-q.a5a.5515 inn 4 a3a.tsag NumberJob : tOPP tt�.ttn d d¢nc°n,weatk wAL*MART P&�nme= xonct°� naiMhili end final architc°hrral mMYfa[kmn. \\' \/ // A \\ v el pl / i 1 l I 1� i i � f • r,_..k • s t ______,.., h, I j 3t' • .___,.........,, , ,1 (-,-.. ,,, , r--c-le-..) . ,a el a. k \\vi \r((_ . Ic [ =�--;11 1 <<�<< Garden Center e:cj -: VYAL*MART a 'Tire & Lube i TIRE & LUBE EXPR ESS _ Express � a�rti I • _• YORKVILLE, IL .,_, y 'i r i #4462 r , _ y {, %' ci ;s��i�r, ° _ � �,J��' t' � ..rUl�L�J'fl INDIVIDUAL j v \V`1 1 ,' , ,„( r ll�lr1t r r;(\� �, I l OTY COLOR ARM TOTAL AREA t, i r FRONT SIGNAGE r _ uu�� Lia,r'1 If S WAL•MART I WHITE 323.00 SF' 323.00 SF 'I s I V..2. 'YDC4.,l� i� '- U '1[ail 7 SUPERCENTEFI YELLOW 5-11"Always 2 RED 145.64 SF 291.28 Sf 'f---- ---- - --..-..--*. 30•Food Cemer 1 WHITE 50.42 SF 50.47 SF .c g L'- 30•Low Prices _ 1 WHITE 44.38 SF 44.38 SF _ rt_ Y k y -r- i 30-Garden Center 1 BLUE 59.82 SF 58.92 SF Y- '�,-�('r c r�^> 3 WWe Sell For Lem 1 WHITE 68.23 8F 66.23 8F .�_. ,� ill ,%. �\!��, '•�j ��' r. i •, ,`�U` t. c r r.) •0`1,,, 18•Del ry1 WHITE l 15.30 SF 15.30 SF r- fk,!l'I?rA cco,s/ 4 .U,��,.11!�� :II 4. , nil:, r c)",_ C' iii _ 1B"Matt 1 WHITE 6.84 SF 8.84 SF ir Produce 1 • WHITE 11.58 SF t 11.88 SF ir 144our Photo I WHITE 18.50 SF 18.50 SF _ 18'Pharmacy 1 WHITE 14.56 SF' 14.56 SF u ^u�,. •5p r ar Op9eal 1 WHITE 10.27 SF 10.27 SF' = - ) arm ,tin��i ..l its U Crl 23.'Tire 8 Labe- - -_ - 1 BLUE -1-75.133 SF 76.53 SF 1 24"Express-a �!- ----.----- - - TOTAL FRONT SIONAGE 988.68 SF CRIVE THRU PHARMACY SIONAOE 30"WAL4AART 1 WHITE 93.20 SF 93.20 SF 16 Pharmacy Orlw•Thru _ 18 Pharmacy Drive Thru 1 WHITE 30.88 SF 30.86 SF 17'Exit 1 WHITE----2.42 SF 247 SF ir Eller 1 WHITE 3.25 SF 3.25 SF TOTAL DRIVE•THRU PHARMACY SIGNAGE 1 129.75 SF AUTO CENTER SIGNAGE 15•WAL•MART 1 BLUE 108.48 SF 108.48 SF 21'The 6 Lobe ID 30•Express _ 12"Tires 2 WHITE 3.28 SF 6.62 SF 12"Lube Express 1 WHITE 8.96 SF 8.96 SF_ TOTAL AUTO CENTER SIGNAGE I 123.96 SF TOTAL BUILDING SIGNAGE 1 1242.371 SP Yorkville,Illinois Store # 4462 �ichitecture CONST UCMON:/I imag NOT Iron �/ r a'so'B.,a.w. pOxsrxurnON:/VI xnaµxshorm aro r ■f��" - MART I1 g i Il e e r i n g. ._ � A tiouo Mots. �,antes and may riot _✓:_ b^ramitni ' gratllon that could tYWdoe bmnrcriao ?In WM NsMawe an6^'NManas?Y+3r+Ilrnne a79.rraM1.lSiS l+x499.h36.rg We moot availedRiry ami Tw1 a.ehitecturd aatli5cariom. Page 2 of 4 o Page 25, The Sidwell Company—Eng-30 Day Web Access Kane Co. for $36.95 - Assistant City Administrator Olson explained that this was for the certified mailing for the Schramm property. o Page 29,Waubonsee Community College-Admin-Cable TV Class for$62.00. Mayor Prochaska explained that this was for the class needed to video tape the City Council meetings. He was unsure who took the class and stated that this could be verified with Community Relations Manager Spies. The Bill List was placed on the July 11, 2006 City Council meeting Regular Agenda for approval. ITEMS RECOMMENDED BY COMMITTEE FOR CONSENT AGENDA con't: MAYOR 2005 Miscellaneous Bituminous Paving—Bid Results (PW 2006-127) Director Dhuse reported that this was for miscellaneous road patching such as on East Fox Road, Game Farm Road and at Well#7. It bypassed the Public Works Committee because the goal is to have the paving done before school begins. This item was placed on the July 11,2006 City Council meeting Regular Agenda for approval. Speedway—Side Yard Setback and Accessory Structures Variance Request (ZBA 2006-39) Mayor Prochaska read the requested variances to the City Council. He reported that the Zoning Board of Appeals recommended the variances for the Speedway gas station with the following conditions; to establish a fence along the east and north side of the property with a gate; provide landscaping between the fence and the property line in accordance with the landscaping code and that the intensity of the exterior lighting remain no more intense then is presently there. Issues brought up by the public at the ZBA meeting were trash, parking, lighting and noise. Director Miller explained how Speedway proposes to address these issues. Attorney Wyeth noted that the ZBA's conditions to the variance are listed in the ordinance. There was discussion regarding the IDOT right-of way(ROW)along Speedway's Route 47 frontage and Director Miller noted that it was verified that there is no encroachment on the ROW. Jan Fiola with Speedway expressed their concern with the gate in the fence line because it is located near an exit door. They would rather leave the side door open to Fox Street. There was discussion regarding a gate versus an opening in the fence. Chief Martin recommended that the gate remain for safety reasons which he elaborated on. After some discussion and based on Chief Martin's recommendation, it was the consensus of the Council that the gate remain. This item was placed on the July 11,2006 City Council meeting Regular Agenda for approval. ECONOMIC DEVELOPMENT COMMITTEE Villas at the Preserve—Final Plat (PC 2006-21) Attorney Wyeth directed the City Council to the memo from Engineering Enterprises Inc. (EEI) which recommends the approval of the final plat subject to final engineering approval and street name corrections as noted. This item was placed on the July 11,2006 City Council meeting Regular Agenda for approval. i Page 3 of 4 Kleinwachter—Annexation and Zoning (PC 2005-52) Attorney for the petitioner,Dan Kramer, reported that this annexation went back before the Plan Commission because of the Special Use for a day care center. Approval is being sought for B-3 zoning with a fall-back to residential zoning after ten years. There were no comments or questions from the City Council. This item was placed on the July 11,2006 City Council meeting Regular Agenda for approval. Building Permit Report for May 2006 (EDC 2006-15) There were no comments or questions from the City Council. This item was placed on the July 11, 2006 City Council meeting Regular Agenda for approval. Matlock—1%Mile Review (PC 2006-27) Attorney for the petitioner,Dan Kramer,reported that the Plan Commission gave a positive recommendation. It is a typical county zoning with large lots(almost an acre). City staff recommended sidewalks which the developer agreed to. Mayor Prochaska stated that in the past the City has recommended approval with a request for an Annexation Agreement which Attorney Kramer stated was not a concern. Attorney Kramer reported that the concerns of Director Miller and City Engineer Wywrot have been addressed except for the collector road to the south. After further investigation, it was determined that due to the topography the street would not be feasible. Grande Reserve Units 17,21,23&24—Preliminary/Final Plat Mayor Prochaska reported that three units received positive recommendations while one did not. Attorney for the petitioner,John Phillipchuck, explained the Plan Commission's vote. He stated that Units 21 and 23 are Pasquinelli Homes. Unit 21 builds out the final area of duplex homes, north of Mill Road and there are 60 single-family units. Unit 23 is the first phase of the active adult community where there will be 118 lots. Units 17 and 24 are located on the south and north side of Kennedy Road. These units will have single-family detached homes;Unit 17 has 58 lots and Unit 24 has 59 lots. Unit 17 did not receive a favorable recommendation because the Plan Commission did not have all the paperwork regarding this unit. They took exception to voting on it with out documentation. Director Miller verified that the Plan Commission did not receive EEI's report regarding this unit. Mayor Prochaska noted that Unit 17 would need a supermajority vote to be approved because of the Plan Commission's recommendation. These items were placed on the July 11,2006 City Council meeting Regular Agenda for approval. Ratos Development/Economic Initiative Agreement for Corneils and Route 47 (EDC 2006-05) Attorney for the petitioner,Kelly Kramer,reported that this agreement has been through several revisions due to staff comments. Mayor Prochaska noted that there was a change made earlier in the day and Attorney Wyeth verified that one change regarding compensation for the ROW on Route 47 did not make it into the agreement and he recommended it be brought back to the next COW meeting. He explained that this is the first agreement which will impact the Route 47 widening and the vehicle used to assist this commercial development with this is a sales tax rebate. He also listed other provisions of note;the participation in the regional detention basin, Page 4 of 4 the widening of Corneils Road and participation in the outfall of the detention basin. There was a brief discussion of the Route 47 ROW and compensation. This item will be placed on the next COW agenda for further discussion of the revisions. Raymond Regional Stormwater Management Facility (EDC 2006-16) Attorney Wyeth explained that this is a three party agreement between Ratos,Windham- Deerpoint and Ocean-Atlantic. These three entities will provide the funding for the construction of the outfall pipe which will run from the stormwater facility to Rob Roy Creek. Attorney Kelly Kramer reported that all the petitioners are in agreement with the form as presented to the City Council and the agreement expires after twenty-years. Mayor Prochaska noted that there are areas of the properties that cannot be developed unless this is constructed. David Warner, representing Ocean-Atlantic,noted that they have many comments and are not in agreement with the form of the agreement. Attorney Wyeth stated that he never received any comments from Ocean-Atlantic and that Attorney Kramer has had conversations with Ocean-Atlantic and was never made aware of the situation. This item was placed on the July 11,2006 City Council meeting Regular Agenda for approval. PARK BOARD No report. PUBLIC WORKS COMMITTEE No report. PUBLIC SAFETY COMIVIITTEE No report. ADAUNSTRATION COMMITTEE No report. LEGISLATIVE TASK FORCE Implementation of Governing Ordinance The City Council discussed when the ordinance takes affect. Mayor Prochaska stated it became effective when it was approved. After discussion with the staff it was recommended that the committ ees be allowed to wrap up business and the new COW structure should be effective in August. Mayor Prochaska noted that the Plan Commission has been meeting twice each month and asked the City Council to consider discussing EDC items at both COW meetings while this is occurring. It was the consensus of the Council to allow this. Mayor Prochaska clarified that Public Safety Committee will meet next on July 13,2006 and then at the August 1,2006 COW; EDC on July 27,2006 and then at the August 15'"COW;Public Works Committee on July 18'a and then at the August 15th COW and the Administration Committee will be at the August lg COW. ADDITIONAL BUSINESS None. The meeting was adjourned at 7:15 P.M. Minutes submitted by Jackie Milschewski,City Clerk `�tia cry United City of Yorkville �' 800 Game Farm Road ESL 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 0 r�' py Fax: 630-553-3436 <CE 1tiY August 17, 2006 To: Mayor and City Council From: Travis Miller, Community Development Director Re: Heartland Crossing Annexation Agreement Staff Review The draft annexation agreement last revised August 17, 2006 by the petitioner is included in the August 22 meeting packet and addresses all of the previous staff comments as well as all items discussed at the August 15 Committee of the Whole. Staff recommends approval subject to final staff and legal review. 1 Final: 08/16/06 ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Heartland Crossing Subdivision) THIS ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement'), is made and entered as of the_day of 2006, by and between OAKBROOK BANK, AS TRUSTEE UNDER THE PROVISIONS OF A CERTAIN TRUST AGREEMENT DATED THE 13TH OF SEPTEMBER,2005,AND KNOWN AS TRUST #3405 (Owner of parcel#05-16-400-002, located on the southeast comer of State Route 47 and Ament Road in Yorkville, Kendall County, Illinois. ), JOHN ROBERT AMENT and STEVEN L. AMENT,TRUSTEES UNDER THE LOUISE MARIE AMENT TESTAMENTARY TRUST CREATED BY WILL DATED NOVEMBER 9, 1975,J. ROBERT AMENT and JACK C.WEIS TRUSTEES UNDER THE J.ROBERT AMENT CHARITABLE REMAINDER TRUST DATE NOVEMBER 3, 2005,JOHN ROBERT AMENT AND JACK C.WEIS,TRUSTEES UNDER THE JOHN ROBERT AMENT LIVING TRUST DATED OCTOBER 19, 2005 AND AMENT I L.L.C.,A WYOMING LEMTED LIABILITY COMPANY C/O JOHN ROBERT AMENT. (Owners of parcel#05-21-200-002, located on the east side of State Route 47 approximately one quarter mile south of Ament Road in Yorkville,Kendall County, Illinois.), DBRNC, L.P. AN ILLINOIS LIMITED PARTNERSHIP (Owner of parcel#05-16-400-003, located on the southeast corner of State Route 47 and Ament Road in Yorkville, Kendall County, Illinois.), ROBERT J. MURST AND LORI L. NIURST (Owners of parcel#05-22-100-002, located at 9166 Penman Road in Yorkville, Kendall County, Illinois.) and ANN MARIE SASSAMAN,JEAN ERNA INGEMUNSON, CHRISTOPHER GABEL, KARRIEE RUDD, AND JAMIE GABEL (Owners of parcel#05-22-100-003,located on the east side of Penman Road in Yorkville, Kendall County, Illinois.), (hereinafter collectively referred to as "OWNERS") and RICHARD MARKER ASSOCIATES, Inc. (Hereinafter collectively referred to as "DEVELOPER"),An Illinois corporation, 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"). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a"Party" and collectively as the "Parties". 117534/2 1 RECITALS: A. OWNERS are the owners 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 "SUBJECT PROPERTY"). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY for the purposes of developing one contiguous Planned Unit Development (PUD) known as the Heartland Crossing Subdivision. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential and commercial use in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned as a PUD under the R-2 One-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance") with a Special Use for said Planned Unit Development as depicted on the Depiction and Legal Descriptions of Zoning Parcels attached hereto and incorporated herein as Exhibit "B", for single-family detached residences and commercial areas with the B-3 Service Business District uses identified in Exhibit `B" as depicted on the Preliminary PUD Plan and Preliminary Plat attached hereto and incorporated herein as Exhibit "C,> E. 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 zoning and Preliminary PUD Plan and Preliminary Plat plan on June 28, 2006.. The Plan Commission concluded their deliberations on this case at their June 28, 2006 meeting. City Council conducted the public hearing on the annexation agreement on July 11, 2006. 1175342 2 F. The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of the Annexation Agreement and Planned Unit Development Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each parry agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibit "A" as a Planned Unit Development(PUD) establishing a unique character through the provision of residential uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including open spaces totaling over 140.3 acres and carefully integrated commercial uses 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 OWNERS and DEVELOPER to provide for specific performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that it is in the best interest of the OWNERS, DEVELOPER and the CITY that the SUBJECT PROPERTY be developed in an orderly and efficient fashion. Therefore the CITY agrees 117534/2 3 to grant the OWNERS and DEVELOPER final plat and final engineering approval for the entire SUBJECT PROPERTY, and will also allow OWNERS and DEVELOPER to develop the SUBJECT PROPERTY, and post SECURITY INSTURMENTS on a Phase or Unit by Unit basis. (iv) Each parry agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said real property. (v) The SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. I. It is the desire of the CITY, the OWNERS, and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER 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. The Parties hereto further agree to supplement this Agreement with the Petition for Zoning and Annexation, and drawings submitted therewith, including the Preliminary PUD Plan and Preliminary Plat, attached hereto as Exhibit "C" , Preliminary Engineering Plan,attached hereto as Exhibit "D" , Preliminary Landscape Plan, attached hereto as Exhibit `B" , to be approved 117534/2 4 by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. 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 SUBJECT PROPERTY under the R-2 One-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance") with a Special Use for a Planned Unit Development with single-family residences and B-3 service business district for the commercial areas as shown on the Preliminary PUD Plan and Preliminary Plat attached hereto as Exhibit"C" . The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. Upon the OWNERS and DEVELOPER'S compliance with the CITY'S requirements with regard to final plat and final engineering approval the CITY shall then grant such approval for the entire SUBJECT PROPERTY. After the CITY has granted final plat and final engineering approval of the entire SUBJECT PROPERTY the CITY shall then allow the OWNERS and DEVELOPER to record and post letters of credit in phases over a three year period commencing upon the recording of the first final plat phase. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary PUD Plan and Preliminary Plat Exhibit"C". 1175342 5 3. MODIFICATIONS OF LOCAL CODES. The specific modifications and deviations from the CITY'S ordinances, rules, and codes as set forth herein and in Exhibits "G", attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY("Permitted Modifications"). Furthermore OWNERS and DEVELOPER shall be permitted a variance from the CITY requirement to hook-up sump pump discharges to the CITY storm sewer system. OWNERS, DEVELOPER, and/or builders shall provide drains or positive overland lot grading to open space or rear and side yard swales as set out and are approved in the final engineering plans for said development. DEVELOPER shall also grade the SUBJECT PROPERTY so that sump pump discharges properly and efficiently flow into rear and/or side yard swales eliminating any possibility of storm water puddling on the SUBJECT PROPERTY. If for any reason puddling occurs on the SUBJECT PROPERTY as a result of improper grading the DEVELOPER agrees to correct the grading upon notification of the problem from the CITY. Provisions shall be set forth in the covenants and conditions requiring the builders of each lot to comply with the terms of this paragraph. DEVELOPER shall install a five-foot wide sidewalk along Route 47 which will be located on the Com-ed owned property as depicted in Exhibit "D". CITY shall work with DEVELOPER to obtain an easement for said sidewalk. If CITY and DEVELOPER are unable to obtain an easement to build the sidewalk within the Com-ed owned property then OWNERS and DEVELOPER will place the sidewalk adjacent to Route 47 upon the SUBJECT PROPERTY. The sidewalk will be constructed when each commercial unit along Route 47 is developed. DEVELOPER shall be required to construct pedestrian paths along the north side of Wheeler Road and along the east side of Penman Road in lieu of sidewalks as depicted in Exhibit "D". DEVELOPER shall also be required to construct a five foot wide sidewalk or ten foot wide path on the south side of Ament Road as Depicted in Exhibit"D". The CITY agrees that detention for the SUBJECT PROPERTY shall be in accordance with the Preliminary Engineering Plan attached hereto as Exhibit "D" and the Basin Variation Exhibit attached hereto as Exhibit "D-1" including the variances depicted therein, and as stated herein: 117534/2 1. Side slope ratio of four to one (4/1) in all detention areas. 2. Permitted Bounce for each detention basin as depicted in Exhibits "D" and"D- 1". 3. Ten (10) foot buffer yards shall be required between the rear lot lines of the single family homes and high water elevations in the detention areas. The CITY agrees that the following development standards shall apply to the development of the SUBJECT PROPERTY as stated herein and as depicted on the Preliminary PUD Plan and Preliminary Plat attached hereto as Exhibit "C", and the Preliminary Engineering Plan attached hereto as Exhibit"D". 1. Maximum block lengths up to a maximum of 2, 793 feet shall be permitted. 2. Homes on lots adjacent to open space will have a minimum thirty (30) foot rear yard. 3. Exterior side yards adjacent to a street will have a minimum setback of twenty- five (25) feet 4. Minimum lot size shall be ten thousand (10,000) square feet when adjacent to open space. 5. Maximum lot coverage on lots less than twelve-thousand (12,000) square feet shall be no more than thirty-five percent(35%). 6 Maximum lot coverage on lots twelve-thousand (12,000) square feet or greater shall be no more than thirty percent(30%). 7. Minimum lot width at the front building setback line shall be seventy-five feet (75'). The CITY agrees that upon City Council approval gas service stations will be permitted uses on northwest comer of lot 821, on the southwest corner of lot 818, and on the northwest corner of lot 817. Gas stations constructed at the aforesaid locations will have approximate lot dimensions of two-hundred and fifty linear feet by two-hundred and fifty linear feet (250' x 250') Therefore, OWNERS/DEVELOPERS will not be required to petition for special use approval before constructing and operating a gas service station at the above specified locations 117534/2 7 on lots 821, 818, and 817. However, the CITY will retain the authority to conduct both site plan and architectural review before any gas service station located on the SUBJECT PROPERTY is approved. Lastly, upon final plat approval DEVELOPER shall place signs on lots 821, 818, and 817 identifying a gas station as a potential use on said lots. The CITY shall permit a clubhouse facility on lot 819. Therefore, OWNERS/DEVELOPER will not be required to petition for special use approval before constructing and operating a clubhouse facility on lot 819. However, the CITY shall retain the authority to conduct both site plan and architectural review before the clubhouse facility is built on lot 819. All permitted uses within the CITY B-3 Service Business District will be allowed on commercial lots 817, 818, and 821. The following uses shall not be allowed on commercial lots 813, 814, 815, 816, 819, and 820, and all buildings on said parcels shall have a height restriction limited to one story. a. Gas stations b. Agricultural sales and service c. Golf driving range d. Kennel e. Mini-warehouse storage f. Sports arena g. Taxicab garage h. Tennis court—indoor i. Trailer rental j. Truck rental k. Truck sales & service In addition to the uses prohibited in the preceding subparagraph listed as a. thru k. the following uses shall also be prohibited on commercial lots 813, 814, and 815. a. Automotive sales and service b. Boat sales c. Car wash 117534/2 8 I d. Drive-in restaurant e. Feed and grain sales f. Frozen food locker g. Miniature golf h. Motorcycle sales and service i. Recreation vehicle sales and service j. Skating rink 4. UTILITIES EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement. Any on-site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER except as otherwise provided in this Agreement. The CITY shall assist the OWNERS and DEVELOPER in obtaining any off-site easements for sanitary sewer and water distribution along Route 47, and all other right of ways. In the event the DEVELOPER and/or CITY can't obtain the necessary off-site easements for the extension of water mains and sanitary sewer, or are unable to provide potable water or sanitary sewer service to the SUBJECT PROPERTY for any reason the OWNERS and DEVELOPER shall be allowed to build at OWNERS and DEVELOPER'S sole expense a self contained water system and/or sanitary sewer system for the SUBJECT PROPERTY until such time that the CITY is able to obtain said easements, and provide potable water and/or sanitary sewer service to the SUBJECT PROPERTY. Any such temporary potable water and/or sanitary sewer systems constructed on the SUBJECT PROPERTY shall be operated by the CITY at the DEVELOPER'S expense. A. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS. It is understood between the Parties that the necessary improvements required to provide the SUBJECT PROPERTY with sanitary sewer and potable water service may be funded through the enactment of a special service area. At the OWNERS and DEVELOPER'S request the CITY will establish a special service area to be utilized as the primary funding mechanism 117534/2 9 for installation of sanitary sewer and potable water facilities to service the SUBJECT PROPERTY. The burden of the assessment is limited to and shall be paid by the future owners of property benefited by the sanitary sewer and potable water infrastructure. As part of providing sanitary sewer and potable water to the SUBJECT PROPERTY and other benefited properties DEVELOPER will incur considerable expense in obtaining sixty (60) foot wide easements for said sanitary sewer and potable water through the Dhuse Family Farms L.P. parcel, as well as the parcel currently owned by Gerald and Diane Johnson located east of Route 47 just north of the SUBJECT PROPERTY. Therefore, the CITY shall include the cost of obtaining said easements in the special service area financing, and reimburse DEVELOPER for all amounts expended by DEVELOPER to procure said easements from special service area financing . B. NON-SPECIAL SERVICE AREA FINANCING In the event that the sanitary sewer and potable water facilities are not financed through a special service area,DEVELOPER agrees to prepay all water tap on fees of three thousand seven hundred dollars ($3,700.00) per unit located within the SUBJECT PROPERTY at the time of recording of the final plat of subdivision, so that the CITY will have the funds to construct facilities necessary to supply potable water to the SUBJECT PROPERTY. Subsequent to DEVELOPER advancing the water tap-on fees to the CITY, the CITY agrees to collect the water tap-on fee of three thousand seven hundred dollars ($3,700.00) per unit from any and all builders on the SUBJECT PROPERTY at the time of application for each individual building permit. Upon collection of the water tap on fees from each builder located on the SUBJECT PROPERTY the CITY will then refund all water tap on fees collected to the DEVELOPER on a quarterly basis. To offset the CITY'S administrative expense in collecting the water tap-on fees on behalf of the DEVELOPER, the CITY shall be entitled to retain one hundred and fifty dollars ($150.00)per water tap-on fee collected on behalf of DEVELOPER. The CITY acknowledges that in order to provide the SUBJECT PROPERTY and adjacent developments with potable water service and sanitary service a sixty (60) foot wide easement through the properties located along Route 47 just north of the SUBJECT PROPERTY is necessary. Said parcels are currently owned by Dhuse Family Farms, L.P., and Gerald and 117534/2 10 - Diane Johnson. In consideration of DEVELOPER obtaining easements for potable water, and sanitary sewer pipes through the Dhuse Family Farms L.P., parcel, and the Gerald and Diane Johnson parcel the CITY agrees that all potable water and sanitary sewer tap on fees collected by the CITY from owners, developers and/or builders on the Dhuse Family Farms L.P. and Gerald and Diane Johnson parcels will be paid by the CITY to the DEVELOPER until the DEVELOPER has been fully reimbursed for the cost of obtaining said easements. In consideration of granting an easement for potable water and sanitary sewer pipes through their property the CITY agrees that Dhuse Family Farms L.P. and Gerald and Diane Johnson will not be required to advance to the CITY any water tap-on fee and/or sanitary sewer tap on fee, but shall instead pay said fees at the time of building permit as required under current CITY ordinances. After September 15, 2007, CITY agrees to allow DEVELOPER, at DEVELOPER'S expense to connect to the CITY water main located along Route 47 adjacent to the Windett Ridge Subdivision, and utilize this single source to serve the SUBJECT PROPERTY with potable water until the overall south-side water improvements have been constructed and are operational. Any fire hydrants that are not in service within 30 days of installation shall be marked or bagged by the OWNERS and/or DEVELOPER_ Within 30 days of a written request from the CITY, including legal descriptions and exhibits as necessary, OWNERS and DEVELOPER shall grant permanent and temporary construction easements as necessary for the construction of CITY utilities and appurtenances and/or other utilities to serve the SUBJECT PROPERTY and other properties within the CITY. Such requests for permanent and temporary easements shall have no impact on any entitlement previously granted to OWNERS and DEVELOPER by the CITY. 117534/2 11. Within 30 days of a written request from the CITY, including legal descriptions and exhibits as necessary, OWNERS and DEVELOPER shall convey by warranty deed, fee simple title to future highway or road right of way to the State of Illinois, Kendall County, or the CITY as necessary, as long as these rights have been previously identified in this Agreement. Such request for conveyance of right of way shall have no impact on any entitlement previously granted to OWNERS and DEVELOPER by the CITY. 5. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("Security Instruments") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, as to whether an irrevocable letter of credit or surety bond will be used as the Security Instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty five percent (85%) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110%) of the cost to complete the remaining public improvements for the applicable Phase of Development. B. Acceptance of Underground Improvements and Streets. The CITY, once it has had the opportunity to inspect and fully confirm that the public improvements required to be constructed under this Agreement comply with CITY approved plans, specifications, and ordinances, shall approve all such public improvements, all in accordance with Paragraph 5G below, and shall accept their dedication in accordance with CITY ordinances subject to the OWNERS'S and 1175342 12 DEVELOPER'S warranty, as described herein, and shall thereafter operate, maintain, repair, and replace all such public improvements located therein. OWNERS and DEVELOPER warrant that all public improvements required to be constructed by them hereunder shall be free from defects in workmanship or material for a period of one (1) year after acceptance thereof by the CITY. Upon notice from CITY, OWNERS and DEVELOPER shall promptly commence to remedy any defects covered by the foregoing warranties, and in addition thereto, in the event that any construction or build-out activity within any Phase of the development of the SUBJECT PROPERTY is determined to have damaged any public improvements previously installed by OWNERS and DEVELOPER within the SUBJECT PROPERTY, then, upon notice thereof from the CITY, OWNERS and DEVELOPER shall promptly commence to repair or replace any and all public improvements so damaged. C. Reduction of Surety Within sixty (60) calendar days after (a) receipt of notice from the OWNERS and DEVELOPER that certain of the public improvements and facilities within a phase of the SUBJECT PROPERTY under development have been completed, and (b) delivery to the City of all required documentation (including without limitation material certifications), and (c) the City Engineer has inspected said improvements and indicated, in writing, his approval of the same the City Council may vote to reduce the amount of surety posted by OWNERS and DEVELOPER to guaranty that the public improvements and facilities within that particular phase is released by the CITY. If such improvements are not approved by the City Engineer the reasons therefore shall, within a thirty (30) calendar day period, be set forth in a written notice to the OWNERS and DEVELOPER. Upon the OWNER'S and DEVELOPERS correction of the punch list items set forth in said notice, the City Engineer, at the OWNER'S and DEVELOPER'S request, shall re-inspect the improvements to be corrected and either approve or disapprove said improvements, in writing within thirty (30) calendar days of receipt of the OWNERS and DEVELOPER'S notice 1175342 13 requesting said re-inspection. If any punch list items are discovered to be damaged subsequent to approval of the punch list the DEVELOPER agrees to repair such damages at the DEVELOPERS expense. As public improvements are partially completed and paid for by the OWNERS and DEVELOPER and accepted by the CITY the Security Instruments deposited by the OWNERS and DEVELOPER with the CITY, if requested by the OWNERS and DEVELOPER, may be proportionately reduced or released on an individual improvement-by- improvement basis. Notwithstanding anything herein to the contrary, the CITY shall have no obligation to reduce or release the last ten (10%) of any Security Instrument provided hereunder until all warranty obligations of OWNERS and DEVELOPER secured thereby have lapsed. Lastly,the CITY shall be under no obligation to release and/or reduce any Security Instrument unless DEVELOPER has paid all outstanding fees which are owed to the CITY, as a result of development of the SUBJECT PROPERTY. D. Construction of Offsite and Onsite Improvements OWNERS shall be allowed to construct the required off site and onsite improvements simultaneously with the issuance of building permits for individual lots and/or buildings, but it is understood that building permits may not be issued unless OWNERS and DEVELOPER have provided adequate road access (i.e. gravel course or paved roads) to the lots for emergency vehicles and has provided sufficient water supplies for fire fighting purposes. All other offsite and onsite improvements (except final lift of bituminous asphalt surface on roads if weather, labor strikes, plant closings or any other condition or circumstance beyond OWNERS and DEVELOPER'S control prevents installation of such sidewalks and/or landscaping), serving any said lot or building shall be installed by OWNER and DEVELOPER and approved by the CITY, however, before an occupancy permit is issued for said lot or building, the balance of the required onsite subdivision improvements not required to serve said lot or building may 117534/2 14 be constructed in phases after issuance of the aforesaid occupancy permit, as the development on each phase progresses. E. Conveyance to CITY The procedure for acceptance of public improvements shall comply with CITY ordinances. The CITY'S acceptance of any conveyance of a public improvement shall not be unreasonably withheld or delayed and shall be on a Phase or Unit by Unit basis (i.e. acceptance of public improvements in a particular Phase or Unit of development of the SUBJECT PROPERTY shall not be contingent upon acceptance of public improvements in another Phase or Unit of development, provided the public improvements being accepted can function and perform their intended purpose independent of the public improvements in another Phase or Unit of development, or if dependent on the public improvements in another Phase or Unit of development, the public improvements in such other Phase or Unit of development have been accepted by the CITY). F. Utility Permits The CITY shall issue permits to OWNER and DEVELOPER to authorize the commencement of construction of utility improvements on the SUBJECT PROPERTY or any Parcel or Phase thereof prior to: (i) approval of a final plat of subdivision; (ii) prior to construction of the CITY utility improvements provided: (1) such construction is undertaken at the risk of a 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 CITY to determine the nature and scope of the improvements being constructed: (3) the preliminary subdivision plat for the Phase upon which the improvements are being constricted has been approved by the CITY; and (4)the IEPA and the Yorkville Bristol Sanitary District, as applicable, have issued permits for the construction of sanitary sewer and water lines for the Phase or Unit on which the improvements are being constructed. The CITY agrees to process 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 117534/2 15 such permits prior to CITY approval of final engineering plans. OWNER and DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because other governmental agency takes action against the CITY after OWNER and DEVELOPER undertakes development activities pursuant to the provisions of this Subsection 5. G. Transfer and Substitution Upon the sale or transfer of any portion of the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. 6. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IWROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood, and not in an area prone to damage by build-out activities (i.e. park areas, offsite utilities, homeowners association open space areas) in each Phase or Unit of Development; and approval by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable SECURITY INSTRUMENT, subject to a maintenance SECURITY INSTRUMENT remaining in place for a one year period from the date of approval by the CITY. 7. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of issuance of the first single family building permit. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and 1175342 16 I DEVELOPER during said five (5) period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the SUBJECT PROPERTY, alter or eliminate any of the ordinance variations provided for herein,nor result in any subdivided lot or structure constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER, provided, however, that any so called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT 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 SUBJECT PROPERTY, other than those upon which site plan approval may be based, 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 OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. S. BU LDING CODE. The CITY has adopted the International Building Code, which is updated approximately every three years. The building codes for the CITY in affect as 117534/2 17 of the date of building permit application will govern any and all construction activity within the SUBJECT PROPERTY. 9. FEES AND CHARGES. During the first five (5) years following the date of issuance of the first single family building permit, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors , only those permit, license, tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the date of this Agreement and as is generally applied throughout the CITY, except as otherwise expressly provided for in this agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit "H". At the expiration of this five year term, the CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 10. CONTRIBUTIONS. The City shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 11. PUBLIC WORKS DEPARTMENT FACILITY. The DEVELOPER has agreed to designate 7.78 acres of the SUBJECT PROPERTY for use as a CITY Public Works Department Facility which the CITY has a six (6) month option to purchase at fair market value. Fair market value for said land will be based upon the then current value of R-2 One-Family Residence District zoned land within the CITY, at the time of conveyance. If during the six (6) month option period if the CITY chooses to purchase the aforesaid parcel the DEVELOPER and the CITY will negotiate in good faith the location of the parcel during the final plan review stage. The DEVELOPER shall provide the CITY title insurance demonstrating clear title to said 7.78 acre parcel. At the time of conveyance the CITY and DEVELOPER will enter into a development agreement which will address the conveyance of the 7.78 acre parcel. Storm water detention for said parcel shall be included and provided by the DEVELOPER. 117534/2 18 If the CITY chooses not to purchase the land for the Public Works Department Facility the DEVELOPER shall be allowed to subdivide the parcel into single family lots as approved by the CITY. 12. SCHOOL AND PARK DONATIONS. OWNERS and DEVELOPER shall be responsible for making the contributions outlined in Exhibit "J" and Exhibit "Jl" to the Yorkville Community School District 4115 ("School District"), the City of Yorkville Park Department ("Park Department") and the CITY for the estimated impact and donation that is projected to be experienced by said entities as a result of the development of the SUBJECT PROPERTY in the manner provided for under this Agreement. The CITY and PARK DEPARTMENT acknowledge that OWNERS and DEVELOPER will be providing open space and an extensive trail system through the SUBJECT PROPERTY as depicted in Exhibit "D". Therefore the CITY will grant a credit to the OWNERS and DEVELOPER for the open space and trail system against the required CITY land/cash ordinance a credit of 26.0 acres. 13. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as OWNERS and DEVELOPER 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. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct,maintain and utilize signage offsite and upon the SUBJECT PROPERTY as identified in Exhibit"M" attached hereto. 117534/2 19 14. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE. During the development and build out period of the SUBJECT PROPERTY (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales trailers within the SUBJECT PROPERTY staffed with OWNERS' and DEVELOPERS, or such other persons or entities, sales and construction staff, and may be utilized for sales and construction offices for Heartland Crossing. The number of such model homes and sales trailers and the locations thereof shall be as from time to time deternuned or authorized by OWNERS and DEVELOPER. No off-street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home/sales trailer capable of parking three (3) cars outside of the adjacent road right-of-way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood unit , 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 proof to the CITY the OWNERS and DEVELOPERS have demonstrated to the CITY and the Bristol-Kendall Fire Protection District fire hydrants within three-hundred (300) feet of the dwelling unit are operational.) A final inspection shall be conducted prior to the use of a model home and water 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 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. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. A 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 117534/2 20 i the model trailer site with landscaping OWNERS and DEVELOPER shall submit an exhibit of P g and elevations for the City's approval. OWNERS and DEVELOPER hereby agree 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. OWNERS and DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each unit and/or phase. 15. CONTRACTORS TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. A 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. 16. OVERSIZING OF IMPROT!EMENTS. A. Recapture Agreement. In the event the CITY requests the DEVELOPER to construct a CITY improvement beyond that needed for the proposed development or other public improvement, including oversizing and or deepening of such improvements, which will serve property other than the SUBJECT PROPERTY, and benefit the CITY as a whole, that 1/7534/2 21 would not normally be required for the development, or for situations where the effort of engineering is clearly greater for oversized/deepened infrastructure, then DEVELOPER shall be entitled to a recapture agreement for all associated costs including engineering costs and shall be paid a six percent (6%) general contracting fee in addition to the cost of purchasing and installing the requested improvements. Such improvements which qualify as oversized and/or deepened shall be identified at the time of approval of Final Engineering for each phase of development. The CITY shall allow DEVELOPER to engineer, construct, and utilize a temporary lift station on the SUBJECT PROPERTY of adequate capacity to service the SUBJECT PROPERTY, as well as an eight (8) to fourteen (14) inch force main to provide sanitary sewer service to the SUBJECT PROPERTY. The CITY shall allow the DEVELOPER to construct and operate said lift station and force main subject to normal engineering review. Furthermore the CITY shall allow DEVELOPER to place the temporary force main in the easements along Route 47 granted by Dhuse Family Farms L.P. and Gerald and Diane Johnson. The temporary lift station facilities shall be operated by the CITY at DEVELOPER's expense. If the Yorkville-Bristol Sanitary District or the CITY utilize either the lift station and/or the force main in it's construction of permanent sanitary sewer service facilities to serve the SUBJECT PROPERTY or adjacent properties, then the CITY shall reimburse the DEVELOPER for the cost of engineering and constructing the portions of said lift station and/or force main that become part of the permanent sanitary sewer system.. If during the operation of the DEVELOPERS temporary force main and/or lift station any adjacent property owner requests approval to utilize said lift station and/or force main the DEVELOPER shall be allowed to charge the adjacent property owner for access to DEVELOPERS sanitary sewer facilities. The fee, interest, and time of payment shall be calculated solely at DEVELOPER'S discretion. 17. LE IITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11-12-8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public 117534/2 22 purposes, except as otherwise provided in this Agreement or identified on the Preliminary PUD plan and preliminary plat. 18. COVENANTS. The OWNERS and DEVELOPER agree to adhere to any city- wide architectural control ordinances that are in place at the time of final platting for each phase of development. In addition to architectural control ordinances adopted by the CITY the OWNERS and DEVELOPER may impose covenants, conditions and restrictions relating to structures and other building restrictions at the time of final plat submittal for each unit. Further, OWNERS and DEVELOPER agree to follow the anti-monotony policy of the CITY regarding the exterior elevations of the buildings such that no single-family detached homes with the same building elevations can be constructed next to, across the street, or catty-corner from another like building elevation. The OWNERS and DEVELOPER shall include provisions in the covenants to provide that a Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the SUBJECT PROPERTY, and other obligations as determined at the time of final platting and as referenced in Section 19 of this agreement. 19. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA MSSAI A. Homeowners Association. OWNERS and DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners within the SUBJECT PROPERTY and a mandatory membership of all lot owners in the Association. The Association shall have the primary responsibility and duty to carry out and pay for the Common Facilities Maintenance through assessments levied against all dwelling units within the SUBJECT PROPERTY. A maintenance 11753412 23 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 Maintenance. The Association will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including storm water detention areas, trail system, and 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 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. B. Business Service District Association. A separate association may be established for the business zoned parcels.. C. Dormant Special Service Area. OWNERS and DEVELOPER agree 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, trail system, landscaping features, and entrance signage within the SUBJECT PROPERTY. 20. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS and DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER'S obligation for the SUBJECT PROPERTY in accordance with the Preliminary PUD Plan, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be bome by the OWNERS and DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Preliminary PUD Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and 1175342 24 I relocating such easement and utility facilities located therein, which costs shall be home by OWNERS and DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If the CITY requires any existing overhead utilities be relocated or buried on perimeter roads. the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNER and DEVELOPER'S request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the OWNERS and DEVELOPER associated with burying what had been overhead utility lines, the OWNERS and DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re- located overhead. 21. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a subdivision to be commonly known as the Heartland Crossing Subdivision in accordance with the Final Plat and Final Engineering approved by the CITY in accordance with the temvs hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 22. IRRIGATION WELLS. CITY shall grant OWNERS and DEVELOPER permission to utilize three existing irrigation wells, or replacements of up to three new wells of the same capacity as the existing wells on the SUBJECT PROPERTY. The three irrigation wells shall be used by the OWNERS and DEVELPER to irrigate detention areas, landscaping, and landscape/water features which will be located on the SUBJECT PROPERTY subject to approval by the City Council. All irrigation wells shall comply with Kendall County Health Department standards and requirements. 23. 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. 1175342 25 24. RIGHT TO FARM. DEVELOPER agrees to include a Kendall County "Right to Farm Statement" on each Final Plat of Subdivision as shown in Exhibit"N". 25. ROADWAY IMPROVEMENTS. The CITY required roadway improvements and cost estimates are as depicted in Exhibit"L". It is acknowledged by the CITY and DEVELOPER that DEVELOPER will contribute two-thousand dollars ($2,000.00)per unit as required under the CITY road impact fee ordinance. The DEVELOPER shall fund the necessary public improvements to serve the SUBJECT PROPERTY required by the Illinois Department of Transportation. No further contribution shall be required of the DEVELOPER for any present or future roadway improvements. It is agreed upon by the Parties that the CITY will give credit against the CITY road impact fee to the DEVELOPER for the cost of upgrading Wheeler Road to a collector from the local neighborhood street that would have been built if traffic from other developments was not considered. To offset the extraordinary cost associated with DEVELOPER'S Route 47 improvements and/or signalization along Route 47 mandated by the Illinois Department of Transportation, the CITY agrees to enter into a sales tax rebate agreement with DEVELOPER. The CITY shall place in a separate account for the benefit of DEVELOPER fifty percent (50%) of the CITY'S one percent (1%) portion of the state retailer's occupation tax received by the CITY as a result of the development of the SUBJECT PROPERTY. The period of computation of the sales tax rebate agreement will begin upon occupancy of the first unit of commercial retail development within the SUBJECT PROPERTY, and will continue for a period of twenty (20) years or until DEVELOPER has been rebated one hundred percent (100%) of their Route 47 improvements and/or signalizafron cost including but not limited to design, engineering, as well as six percent (6%) interest. It is further agreed by the Parties that the benefits contemplated under the sales tax rebate agreement are assignable at the sole option of the DEVELOPER as to it's portion of the sales tax rebate. Upon written assignments by the DEVELOPER such assignees shall have all rights currently vested in DEVELOPER under the sales tax rebate agreement and applicable law, and 117534/2 26 shall be entitled to enforce such rights through any equitable or legal action. If any portion of the commercial lots on the SUBJECT PROPERTY are sold by the DEVELOPER, DEVELOPER shall be entitled to continue to receive payments for their expense in improving, and/or signalizing Route 47 pursuant to the sales tax rebate agreement unless specifically assigned by DEVELOPER. DEVELOPER may assign a portion or all of their rights under the terms of the sales tax rebate agreement to any future developer, owners, institutions, or individuals at the DEVELOPER'S sole discretion. Furthermore, at the CITY'S sole discretion, the CITY may petition the State of Illinois to relinquish a percentage of the State's portion of the State Retailer's Occupation Tax, and pay any such funds relinquished directly to the CITY. If the State of Illinois enters into such an agreement with the CITY to release any portion of the State's share of the State Retailers Occupation Tax then one-hundred percent (100%) of such funds shall be paid by the CITY to the DEVLOPER to help offset the DEVELOPER'S extraordinary expenses incurred in improving and/or signalizing Route 47. As an incentive for the CITY to petition the State of Illinois to relinquish a portion of the State's State Retailer's Occupation Tax on behalf of DEVELOPER as specified in the preceding paragraph, and the CITY does so secure said rebate in an amount not less that one percent (1%) for a period of twenty (20) years, or until the DEVELOPER has been rebated one hundred percent (100%) of all expenditures incurred in improving and/or signalizing Route 47 including but not limited to design, engineering, and six percent (6%) interest, then DEVELOPER agrees to reduce the amount of the sales tax rebate between the CITY and DEVELOPER from fifty percent (50%) of the CITY'S portion of the State Retailers Occupation Tax to twenty-five percent(25%)of the CITY'S portion of the State Retailers Occupation Tax. 26. TRANSFER DEVELOPER may assign this Agreement without CITY approval,but only in connection with its conveyance of all or any part of the SUBJECT PROPERTY, and upon said assignment and acceptance by an assignee,the DEVELOPER shall have no further obligations hereunder as to that portion of the SUBJECT PROPERTY so conveyed,but shall continue to be bound by this Agreement and shall retain the obligations 117534/2 27 created thereby with respect to any portion of the SUBJECT PROPERTY retained and not conveyed. If DEVELOPER or its successors sell a portion of the SUBJECT PROPERTY, the seller shall be deemed to have assigned to the purchaser any and all rights and obligations it may have under this Agreement (excluding rights of recapture)which affect the portion of the SUBJECT PROPERTY sold or conveyed and thereafter the seller shall have no further obligations under this Agreement as it relates to the portion of the SUBJECT PROPERTY so conveyed, but any such seller shall retain any rights and obligations it may have under this Agreement with respect to any part of the SUBJECT PROPERTY retained and not conveyed by such seller. Notwithstanding any such assignment of this Agreement or any such sale or conveyance, unless the successor to or assignee of the DEVELOPER of all or a portion of the SUBJECT PROPERTY shall have deposited and substituted its letter of credit as security for the construction,repair and maintenance of roadway or other public improvements with the CITY, the DEVELOPER or other seller though otherwise released from all obligations hereunder, shall keep its letter of credit on deposit with the CITY until such time as the DEVELOPER or the successor to or assignee of the DEVELOPER has provided a substitute letter of credit. 27. GENERAL PROVISIONS A. Enforcement This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The 117534/2 28 foregoing to the contrary notwithstanding,the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of an empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. 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: (I) If to OWNERS DBRNC Partnership L.P. 9330 Ament Rd. Yorkville,IL. 60560 _ Fax: (630) 553-2134 John Robert Ament& Steven L Ament Trustees under the Louse Marie Trust 9075 Penman Rd. Yorkville,IL. 60560 Phone: (630) 553-7731 Oakbrook Bank Trust#3405 1400 W. Sixteenth St. 117534/2 29 Oakbrook, IL. 60521 Christopher Gabel 630 Forest Ave. Elgin, IL. 60120 Phone: (630) 669-5698 Robert J. &Lori L. Murst 9166 Penman Rd. Yorkville. IL. 60560 (II) If to Richard Marker Associates Inc DEVELOPER: 654 Heartland Dr. Yorkville, IL. 60560 Fax: (630) 553-5736 with copies to: John Philipchuck Dommermuth, Brestal, Cobine &West Ltd 123 Water St. Naperville, IL 60566 Fax: (630) 355-5976 (III) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, 1160560 Fax: (630) 553-7575 with a copy to: John Wyeth Esq. 800 Game Farm Rd. Yorkville, 1160560 Fax: (630) 553-7575 or to such other persons and/or addresses as any parry may from time to time designate in a written notice to the other parties. E. Severability This Agreement is entered into pursuant to the provisions of the Agreements With Owners of Record Act of the Illinois Municipal Code (65 ILCS 5111-15.1-1, et seq.) 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 117534/2 30 i 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 OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT 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 SUBJECT PROPERTY as to provisions applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY,whether improved or unimproved. H. Necessary Ordinances and Resolutions The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement,provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. 117534/2 31 J. Captions and Paragraph Headings. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at OWNERS and DEVELOPER'S expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. 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 Subject Property. 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. Allocation of Building Permits The CITY, due to possible lack of sanitary sewer plant capacity, agrees not to allocate it's annually allotted building permits in any manner that would be detrimental to the SUBJECT PROPERTY, nor shall the CITY reserve any number of building permits for any other development if such 117534/2 32 reservation would result in an insufficient amount of building pemiits being available to the SUBJECT PROPERTY. P. Time is of the Essence Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. I Q. Exculpation It is agreed that the CITY is not liable or responsible for any restrictions on the CITY'S obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including,but not limited to, county, state or federal regulatory bodies. R. Annexation, Transfer of Ownership and Liability of OWNERS. It is expressly understood and agreed by and among the Parties hereto that this Agreement shall not become binding or effective, and the OWNERS and DEVELOPER shall not be required to perform under the terms of this Agreement until after the transfer of the SUBJECT PROPERTY from the OWNERS to the DEVELOPER. If after one (1) year from the date of this Agreement the OWNERS have failed to transfer ownership of the SUBJECT PROPERTY to the DEVELOPER for any reason this Agreement shall become null and void. Furthermore, it is also expressly understood and agreed by and among the Parties hereto that the annexation of the SUBJECT PROPERTY to the CITY is conditioned upon transfer of ownership of the SUBJECT PROPERTY from the OWNERS to the DEVELOPER If the transfer of the SUBJECT PROPERTY from OWNERS to DEVELOPER is not finalized within one (1) year from the date of this Agreement then the SUBJECT PROPERTY shall not be annexed to the CITY. Lastly, all responsibility of John Robert Ament and Steven L. Ament (Trustees under the Louise Marie Ament Testamentary Trust created by will and dated 117534/2 33 November 9, 1978), J. Robert Ament and Jack C. Weis (Trustees under the J. Robert Ament Charitable Remainder Trust dated November 3, 2005), John Robert Ament and Jack C. Weis (Trustees under the John Robert Ament Living Trust dated October 19, 2005), Ament I L.L.C., a Wyoming Limited Liability Company, Oakbrook Bank Trust #3405, Robert J. Murst, Lori L. Murst, John R. Ament, Ann Mane Sassaman, Jean Erna Ingemunson, Christopher Gabel, Karrie Rudd, Jamie Gabel, and DBRNC, L.P. an Illinois limited partnership shall be extinguished simultaneously with the transfer of title to the real estate from the OWNERS to the Purchaser, Richard Marker Associates, Inc., an Illinois Corporation, as DEVELOPER hereunder. Thereafter, the DEVELOPER assumes all of the responsibilities and obligations of the OWNERS under this Agreement. It being understood and agreed, however, that OWNERS shall also have no obligation to perform the obligations of the DEVELOPER, unless said OWNERS agree in writing to assume said obligations. 117534/2 34 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. CITY: DEVELOPER: UNITED CITY OF YORKVILLE, RICHARD MARKER ASSOCIATES, Inc. an Illinois municipal corporation an Illinois corporation By: By: Title: Mayor Richard Marker, President Attest: Attest: Title: City Clerk Secretary Dated: Dated: 117534/2 35 OWNERS: JOHN ROBERT AMENT AND STEVEN L. AMENT, TRUSTEES UNDER THE LOUISE MARIE AMENT TESTAMENTARY TRUST CREATED BY WILL DATED NOVEMBER 9, 1978 John Robert Ament, Trustee Dated Steven L. Ament, Trustee Dated 117534/2 36 J. ROBERT AMENT CHARITABLE REMAINDER TRUST DATED NOVEMBER 3,2005 J. Robert Ament, Trustee Dated Jack C. Weis, Trustee Dated 117534/2 37 JOHN ROBERT AMENT LIVING TRUST DATED OCTOBER 19, 2005 John Robert Ament, Trustee Dated Jack C. Weis Trustee Dated 117534/2 38 AMENT I, L.L.C.,A WYOMING LIMITED LIABILITY COMPANY John Robert Ament, Member Dated Jack C. Weis,Member Dated 1175342 39 OASBROOSBANK,AS TRUSTEE UNDER THE PROVISIONS OFA CERTAIN TRUST AGREEMENT DATED THE 13"M OF SEPTEMBER, 2005,AND%NOWNAS TRUST #3405 By: (Trustee) Date: 117534/2 40 ANNE MARIE SASSAMAN By: Dated: 117534/2 41 JEAN ERNA INGEMUNSON By: Dated: 117534/2 42 li I CHRISTOPHER GABEL By: Dated: 1175342 43 KARRIE RUDD By: Dated: 117534/2 44 JAMIE GABEL By: Dated: I 117534/2 45 DBRNC PARTNERSHIP, L.P., An Illinois limited partnership By: It's General Partner,Ross Antent Dated: By: Connie Ellis Amenl Dated: By: Nan M.Miller Dated: 117534/2 46 ROBERT J. MMT Owner/Elector By: Dated: LORI L. MURMT Owner/Elector By: Dated: 1175342 47 JOHN ROBERT AMENT Elector By: Dated: 117534/2 48 LIST OF EXHIBITS HEARTLAND CROSSING Exhibit"A" Legal Descriptions and Plat of Annexation of Subject Property Exhibit"B" Depiction and Legal Descriptions of Zoning Parcels Exhibit"C" Preliminary PUD Plan and Preliminary Plat Exhibit"D" Preliminary Engineering Plan-Including: Sanitary Sewer, Drainage, Stomi Water Mgmt, Water Mains Plan,Roadway X Sections, Sidewallc Plans Exhibit`D` Basin Variation Exhibit Exhibit"E" Preliminary Landscape Plan Exhibit"G" Permitted Modifications from Bulk and Density Requirements and Design Standards Exhibit"H" City Fee Schedule Exhibit"I" (Deleted) Exhibit"F' School Contribution Exhibit"J"' Park Donation Exhibit"IC" (Deleted) Exhibit"L" Required Roadway Improvements and Cost Estimates Exhibit"M" Project Signage Table Exhibit"N" Right to Farm Disclosure Statement for Final Plans s naZ' boo yYAZTp3A "c'N"m4 a��'a H�nm��a i�1 OCa a"xi .°. F?m>aY yp5yl"1"€Ty Mnmy° "fV TANn�Y ��a2� g i €'T^�'�' N�TUa� �e� yTNZm g<A ca�>n is�i n's SIR in! SAVY fy, Y"zn ?{° pN8 ;, 410 ;IN ii.;I o°xy toil 1010 OR §11 nvN iy yT Cgi'a^ DN S°NOz ymj n l�`�{� €f a °OYi ApbOt A3~C Ay>>< A"^Ni"l vC"m bux, 1° C °ly Tm y Hry� M�^ >":- F'OQG$ �pA^V A ,zn�b.• NYmS A HART Q Say 'yew son;�. wgT y�A° ° O T�.. 2p�y3as nTa . � mr WCO ~3mLly QhS p"n�0 ' 2m�a LPN^" 2� cM�� Nga F�Z_i io� aI Io m1"� AWN iNNT 2OO "01=}A < 1O m IAl pOb v�^ly �by� a=A��r"IQ �grm b� a��m2 V'NTQ wm cam b a2- °� 4 r<m N^Ai0 ��ci Fgp:��p�n WIN °R$ �wa�"-tea bIN Emil 141111? Ions ;f PALO SM Ing oC� >y 2 ppFF T�~� p12�NNN1 22N0 y~l 2�5 N�� SZ]�?^"Ii a HOC-no�x3 �� Q yla AoTY�o ZAnl. Qj, Pza �`l°-r mn Fill r: nsZg6o'h '^ ° me �oqo� IN 91m EWGINCE..G wlsuggm.Isc PLAT OF ANNEXATION TO THE UNITED CITY OF YORAYILLE PI ' 50UMEASr 0WO D'- CMI AftZFq;,-C--st— rk OF srcnm�.. AND Wl�Mr SECPDN 22. ml,NSNr➢JU HDRM.'ANGE 7 EAET ZFWr MIRD IRI.VP4 KE.DIU .W� KENDALL MUMTY.UIRWS WM Af vmeuY M PLAT OF AMMEKA W fa —MMUMM-M arrt we. EXRIBIT "B" R-2 P.U.D. LEGAL DESCRIPTION THAT PART OF THE SOUTHEAST QUARTER OF SECTION 16, PART OF THE NORTHEAST QUARTER OF SECTION 21 AND PART OF THE NEST HALF OF SECTION 22 TOWNSHIP 36 NORTH. RANGE 7 EAST OF THE THIRD PRINCPAL MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST DARTER, THENCE SOUTH 8B DECREES 02 MINUTES 02 SECONDS WEST ALONG THE NORTH LINE OF SAID SOUTHEAST DARTER, 1054.75 FEET THENCE SOUTH 01 DEGREES 42 MINUTES 19 SECONDS EAST, 266 33 FEET, THENCE WESTERLY ALONG A NON-7ANCENRAL CURVE TO THE RIGHT HAWNC A RADIUS OF 550.00 FEET AND THE CHORD OF WHICH BEARS SOUTH 87 DEGREES 04 MINUTES 46 SECONDS WEST. AN ARC LENGTH OF 2233 FEET THENCE SDUTH 88 DEGREES 17 MINUTES 41 SECONDS WEST, 309.73 FEET THENCE SOUTH 07 DEGREES 31 MINUTES 54 SECONDS EAST. 974.03 FEET THENCE SOUTHWESTERLY ALONG A TANCEN17AL CURVE TO THE RIGHT HAVING A RADIUS OF 34SOO FEET, AN ARC LENGTH OF 542.21 FEET, THENCE SOUTH 88 DEGREES 30 MINUTES 55 SECONDS NEST. 462.16 FEET,• THENCE SOUTH 01 DEGREES 29 MINUTES 05 SECONDS EAST, 757581 FEET,' THENCE NORTH 88 DECREES 25 MINUTES OB SECONDS EAST, 145 0.2 FEET, THENCE SOUTHEASTERLY ALONG A TANGENTIAL DRVE TO THE RIGHT HAVING A RADIUS OF 250 00 FEET, AN ARC LEN9771 OF 39270 FEET,' THENCE SOUTH 01 DECREES 33 MINUTES 52 SECONDS EAST, 30263 FEET,' THENCE NORTH BB DEGREES 26 MINUTES OB SECONDS EAST, 306.50 FEET; THENCE SOUTH 01 DEGREES 33 MINUTES 52 SECONDS EAST, 235OD FEET; THENCE SOUTH 88 DECREES 25 MINUTES OB SECONDS WEST, 12 35 FEET, THENCE SOUTH 01 DEGREES 33 MINUTES 52 SECONDS EAST 23J DO FEET' THENCE SOUTH 83 DEGREES 25 MINUTES OB SECONDS WEST, 294 75 FEET,' THENCE SOUTH 01 DECREES 33 MINUTES 52 SECONDS EAST, 772.00 FEET, THENCE SOUTH Be DEGREES 26 MINUTES 08 SECONDS NEST, 44983 FEET, THENCE SOUTH 01 DEGREES 33 MINUTES 52 SECONDS CAST, 352.75 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE NORTH 86 DEGREES 06 MINL17ES 23 SECONDS EAST ALONG SAID SOUTH LINE, 2250.50 FEET TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 22; THENCE SOUTH 01 DEGREES 29 MINL17ES 47 SECONDS EAST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 22 1418.42 FEET TO THE CENTERLINE OF MID AUX SABLE CREEK AS DESCRIBED IN DOC. NO. 74-353 RECORDED ON JANUARY 18. 1974. THENCE NORTH 79 DECREES 41 MINUTES 36 SECONDS EAST ALONG SAID CREEK CENTERLINE, 1335.89 FEET TO A POINT ON THE EAST LINE OF THE NORTHWEST QUARTER OF SAND SOUTHWEST QUARTER THENCE NORTH 01 DEGREES 30 MINUTES 58 SECONDS WEST ALONG SAID EAST LINE. 1222.60 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SOL17REST OUAR7ER. THENCE NORTH 88 DECREES 07 MINUTES 18 SECONDS EAST ALONG THE SOUTH UNE OF THE NORTHWEST OUARIER OF SAID SECTION.Z2, 1319.73 FEET TO THE SOUTHEAST CORNER OF SAID NORTHWEST OARTER' THENCE NORTH 01 DECREES 32 MINUTES 10 SECONDS WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 2648.68 FEET TO THE NORTHEAST CORNER OF SAID NORTHWEST OARMR.• THENCE SOUTH 88 DECREES 04 MINUTES 54 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER, 253767 FEET TO THE NORTHWEST CORNER OF SAIL? NORTHWEST QUARTER; THENCE NORTH Of DEGREES 34 MINUTES 59 SECONDS NEST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SEC77DN 16. 265265 FEET TO THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER AND THE POINT OF BEGINNING. EXCEPT A 100 FOOT BY 80 FOOT LEASE SITE OVER THAT PART OF THE NORTHEAST QUARTER OF SEC77ON 21, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID SEC17ON 21; THENCE SOUTH BB DECREES 03 MINUTES 02 SECONDS WEST J5.24 FEET AS MEASURED ALONG THE NORTH LINE OF THE NORTHEAST QUARTER OT' SAID SECTION 21; THENCE SOUTHERLY PERPENDICULAR TO THE LAST DESCRIBED COURSE 1.78 FEET TO THE NORTHEAST CORNER OF THE LEASE SIDE SAID POINT BEING 774E POINT OF BEGINNING. THENCE SOUTH 02 DEGREES Z2 MINUTES 44 SECONDS EAST BO.OD FEET' THENCE SOUTH 87 DEGREES J7 MINUTES 36 SECONDS WEST IOD.00 FEET.' THENCE NORTH 02 DEGREES 22 MINUTES 44 SECONDS WEST BD 00 FEET.' THENCE NORTH 87 DECREES 37 MINUTES 76 SECONDS EAST 70000 FEET TO THE POINT OF BEGINNING ALL IN KENDALL TOWNSHIP. KENDALL COUNTY. ILLINOIS 8-3 LEGAL DESCRPTIOM THAT PART OF THE SOUTHEAST QUARTER OF SEC17ON 76 AND PART OF THE NORTHEAST QUARTER OF SEC77ON 21, F01174SHIP 35 NORTH. RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN MORE PARTCULARLY DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER, THENCE SOUTH 86 DECREES 02 MINUTES 02 SECONDS WEST ALONG THE NORTH LINE OF SAID SOUTHEAST OARTER, 1,054.75 FEET FOR THE POINT OF BEGINNING THENCE SOUTH DI DEGREES 42 MINUTES 19 SECONDS EAST, 286.33 FEET, THENCE WESTERLY ALONG A NON-TANGENDAL CURVE 70 THE RIGHT HAWNG A RADIUS OF 550.00 FEET AND THE CHORD OF WHICH BEARS SOUTH 87 DEGREES Of MINUTES 46 SECONDS WEST, AN ARC LENGTH OF 23.33 FEET' THENCE SOUTH BB DEGREES 17 MINUTES 41 SECONDS IVEST, 309 73 FEET,' THENCE SOUTH 177 DEGREES 31 MINUTES 54 SECONDS EAST 974.03 FEES THENCE SOUTHWESTERLY ALONG A FAWEN77AL CURVE TO THE RIGHT HAWNG A RADIUS OF 345.00 FEET, AN ARC LENGTH OF 542-71 FEET THENCE SOUTH 88 DECREES 30 MINUTES 55 SECONDS NEST. 46236 FEET,' THENCE SOUTH 01 DECREES 29 MINUTES 05 SECONDS EAST, 1575.62 FEET' THENCE NORTH 88 DEGREES 25 MINUTES OB SECONDS EAST, 745.02 FEET,• THENCE SOUTHEASTERLY ALONG A TANGEN77AL CURVE 70 THE RIGHT HAVING A RADIUS OF 250.00 FEET, AN ARC LENGTH OF 392.70 FEET.' THENCE SOUTH 01 DEGREES 33 MINUTES 52 SECONDS EAST, 302.63 FEET,' THENCE NORTH 68 DEGREES 26 MINUTES 08 SECONDS EAST. 306.50 FEET; T-IrMCE SOUTH 01 DEGREES 33 MINUTES 52 SECONDS EAST 2310D FEET,' THENCE SOUTH 88 DECREES 26 MINUTES OB SECONDS WEST, 1235 FEET• THENCE SOUTH OI DEGREES 33 MINUTES 52 SECONDS EAST, 23100 FEET,' THENCE SOUTH 88 DEGREES 26 MINUTES 08 SECONDS NEST, 294.15 FEET.• THENCE SOUTH Of DEGREES 33 MINUTES 52 SECONDS EAST, 772.00 FEET' THENCE SOUTH BB DEGREES 26 MINUTES 08 SECONDS WEST. 44983 FEET,' THENCE SOUTH 01 DEGREES 33 MINUTES 52 SECONDS EAST, 352.75 FEET TO THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 21; THENCE SOUTH 88 DECREES 05 MINUTES 23 SECONDS WEST ALONG SAID SOUTH LINE 337.66 FEET TO A POINT ON THE EAST LINE OF THE FORMER FOX AND ILLINOIS UNION RAILWAY COMPANY RIGHT OF IVAK'� THENCE NORTH 01 DECREES 32 MINUTES 2B SECONDS WEST ALONG SAID FORMER RIGHT OF IVA Y, 2644.Z7 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16. THENCE NORTH 01 DEGREES 29 MINUTES 05 SECONDS WEST ALONG SAID FORMER RIGHT OF WAY, 231933 FEET,• THENCE SOUTH Be DEGREES 3D MINUTES 55 SECONDS NEST ALONG SAIL? FORMER RIGHT OF WAY, 950 FEET THENCE NORTH Dl DEGREES 29 MINUTES 05 SECONDS VEST ALONG SAID FORMER RIGHT OF WAY. 332 64 FEET 70 THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECRD 16. THENCE NORTH 88 DECREES 02 MINUTES 02 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER. 1534 24 FEET RETURNING TO THE POINT OF BEGINNING. ALL IN KENDALL TOWNSHIP. KENDALL COUNTY, ILLINOIS I 11sNRIIPVmNugmiNw�gnut�TAFm-me ZONINC EXHIBIT -- UNITED CITY OF YORKVILLE PART 0! MC SOVM£AST DUpR]CR M SCCTION I5 PART D!MC N0.4MCAST OUARTFR OF S.CODN 11, AND PARTT MC _ HALF O!SCLRON 2z Ip11N$N/P J6�NDA L IO NSMWFRFND LT LWNN LLMO/$AL AI[RIDIAN ultl n(rynPU•r CUnmu6[na, C)lf.XLT03) GWNOCRr OS6/J}UY O$-IS� 4Z OgLL CCAT1 >V .pyyL Lpl,(Y ei I.S.pPly LQJVIT ei p peLL CIXMI eV �tic®A' e°° Ff�' v mmv PM9✓TSdT3aU P.O.D ] OSa']O.iOW 9- y L9vM:t CalN pi 9r �pe av xa±nb O D3.G]O}0.3 ` LSpyy LLINIY Ii I� YORRNd1E H-9 � �E P R¢ g A/ YQ40.v81E LE Ps P.uD. F ¢e q�l rsm sera '4 Vc wLe� E` Nlj '� y'� e-r Nrer rmr.w,c r wa �ra=.=a wrMW�v^n,r �11'I �°e ��v nmrm is aa.'rm°r>em°.(.r"'�°eC-sxiwrv�eoir�d. r3DCLL CWAIT ei q ��u..0 m'ro`,ox"a°Niy`w.uM•r�'i'"""m�(ic rs°�O""'s m6v'ac stir ? "'wgm u°vu :I. r.'ru,'.ci'rrwa':4° nr p�vv°r u�.v`Iau{�,°m'aw�uriwmn�,mm ,war a m v a�I nb�,�a•:��m�;m,�r �� .i S .mnx.vMi Owry nr m,na:RCr.mosa uloo„[nv mome�ev'�rz.ppOjrp ne ar: os.n.r»w �g i i �� vm mmu ro•w.Ra zou+^. a�J . txe ec tII.p W. LvlJrt ert n p NN r • I \�-'°--'3Tw— YC12v.NdlE R-2 PIlO. 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SIFT P _Jr_:r r+mmrr C LOT ols%I 6 °w°1 F ` i L°.x<rsi •< r mrsm ur.m wrsm q- 1°rsm yr- sm.n q6 tm.ro ez -4 _.. e� •1 -C .Z @10- r�gr°x:.A6 ro ,..y@- m°`°s'c I le LOT. e ra TO w:.mr a:°Gi x°N• rorw°r mxe rru°xr°°s x e I x - mr°m..°`Rm e9e..1 S �°s el 4 v e nu�nr e7 rip r ,nxvT� eI iT°iqr n.nurwrrcccrue+.sn. s%I _ inn=i _ I I '-IiEi N wee mt.rw °r�Etm SIR LOMAMIN MAP In 1 -h cruPx¢scut fI - 11 PBMIioPf PLQ PAT °F_°Rll.°!L QiOS9rB Yc0'rxre WtD6 x4 .gr.caL r6p �L11°N�mL1�LL�°INL�UN�LYLwTAtR�-INC. PRELIMINARY P.U.D.. PLAT HEARTLAND CROSSING A PLANNED UNIT DEVELOPMENT nx"9tr° PNOPOSED ZONING-R-2 P U D AND B-3 - emlrnmmm..r�aanne IL, .nrvi a vuri si el L .mn+ex PJI 1 times: C' L� r.ar � I I rLy° ,�q® .mlc• W ma,Y I 1, 6` um I I rYyr G 114gp uwv y�I I s iowisi 4 /q� y uwws ' I IL�rNO R 5 mar �I v rc w'w`° �a Ikl��' 1 & e rmm' 1 1 niter wee° n. ® 3 C I us T Ami LOT 1 _ Meru I�SeL E°rteKivr/ rm ^� .esT^n�e� `oe° viw¢°e onv mwil xne"r a � `tlp} M4 4 1 1 Ynou. 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INC HEARTLAND CROSSING A PLANNED UNIT DEVELOPMENT PRDPOSED ZONIMG-R-2 P U D AND B-3 mm uc mew e I mrtlYt n w YIrT E uruvr H H_ rnmv tr, WI. 'MI i oiaaN Lm 112 k q uo7 pia r -N� __ _ NN lax.--✓ 19 � r��% um -n'ar msi 1 5 1 I I� lia�mi: mmwel C� 1 I �� m �1 61 4 �� mr- x rt.r n-.aivwe. 1 r Ip5 4 la rmm y�y enrmi fuirm'� 1 I� F inxR Flu H N I m rmm � :m � �• mroi 1 I I 1� xLW SN y. n i�msl el I ""' ;um' �roµrl 1 unrvi 1 IE_ 2mW.R �IH' um —I^ I 1 rvrui �� EI1 I 1 V m HI 1 >rro'm � re�.•1mAi � 1 mrioi 4 ka rvm !n�tc Lenramo 1 1 K p I � I .roi xe4 gf{II r ' N Ifp. nr Y. H m m xlmps�ravt I ar z t rm sI I 1m �o�1sm E ao�wl ei .� raft n,nruav un �n I ; n• a P' S L I rvm' �mm I. LLA��4Wy'^-o .en,bi ;rm-a 11 STr�Z D eN I 1 r 101.1E xmr� 1 �sr 1 cII.. ;nei wu�� gl t �,rnx ror�kf a"�F"'1 .ro 691PNIC SCAM I.—. P<mmMTNRY P= PLAT /F.i.Q1UNO tllOSQS+ YOA'VHLE 11N06 wlY R _ Wtt PNC 1!w �suml xcwemxc mxsuagm.INC PRELIMINARY P.U.D. PLAT HEARTLAND CROSSING A PLANNED UNIT DEVELOPMENT PRGPCSEC ZONING-R-2 P U D AND B-3 14•,a,jt�°um SO).erlN'DtSrE EO OdID6 I C�Tw� m iu°nr'ii v. reLL. � �4 ' - nr W°LL .. ry 1 ry�B Llfr 2e .Cb/ ' °y , o wsa.•T kr S 4 ii ewero 1Oe•T' 1 1°. r Pb .tidy /'rT� {,{ {p 96Ln usi•64 � 1 y •a rFJ '4� •AO`' c. m.I�% T 1= aW s \ LWOCy em ti.^'° �rsn 9 .rY' a �w6•ra L ft �� Ivan• .� �i wwai% " .a.e ' imm � / iy r¢wv 86r '4c;a Z3 / �w�. paw nA rm I.IrW tw4fe /• / 1 L n a/, ;emu M / finals s b�Wl I i • r .1 1 9 • 3y �� r°� IOi51G RL 1 IOfe6 6 um0�t1 � e•y nlf C �,w•tnx P Y yrr , '' `�' � nna / Loysa 1 1 c Sea � y`br' 1 /0 ;$4 rm# .g��✓ /' tys b. � nrzm'7 1 I�ir Vq �„u d e 1ek� r g r r l / ae:e e 6 mW Qtt .1 GpAP111C 5[AIt '/„n' Mrxp°IIO rT.•uA =w rm1 LL�6T X b I I 1 I T00'VLLE WJ,T$ n� a ' r PAP' mvn rc trn rorwru• � n �r# I6� .Wb �Sltlill ENS�vfMLRIN°LON-SN.TvuAmtlle.INL. PRELIMINARY P,U.D- PLAT _ HEARTLAND CROSSING -u-° A PLANNED UNIT DEVELOPMENT PROPOSED ZONING-R-2 P U D AND S-3 eod RTE LrcA, / wi°u ee =60 << q4 PR _ ^y p lL`ia°i:ll T P d. T' -'• a I �im`. wimc op c xd„ L.T.e imm ., L.I. 9 , �o°gym ;o.° Lm sm as-vn m rixaA:j �{ swa �.c ^r iaa em65� FPy � pa immsm Ka f ' rvz �re p RR T LRMHIC SNL PP3HiIIdv4l PLD RAT 1P�a CF4A` A YLO.•N1C 4185 '91irH sum sx�l�rrmxao�xwu�remp.Ixc. PRELIMINARY P-U.D. PLAT HEARTLAND CROSSING A PLANNED UNIT DEVELOPMENT ""•" Prso Pos Zo ZONING-R2 P U D AND 9-3 r.AMn 6mP I I ae I � I o4'T I y I 1 � IN,ut vaa¢muq 4 � h yy aka p 'v ern i� r 6 v r I .10 �', I I le, J I � w I as ..,d '.1. ` Ja c;, �D � i�'mY �• �`m,iw mrM":.0 am,m °Y as c`0m WTla I � e• e'�xw /•,! I 4.� DrtAI'IIR SC.1LC y.,al �� :°vxw Im,m F tEC¢lu)D Bns'.TG i,m s. � Toave+E wx6 I mfi� loll F ENe�G�INwn"m®uNarsugg .INC PRELIMINARY P.U.D. PLAT - — HEARTLAND CROSSING A PLANNED UNIT DEVELOPMENT •'w'""' PROPOSED ZONING-R-Z P U D AND 19-3 un�wum „SU rmm 6 rmm ,mw 5_ �`� •y usr Im�tor ea wr+a C9 ,.®•u e . ,a I.SI ,iirf ri in � �� HS{ - ids• 45... {C C,% S 0E �,® I �e 1- fp , fib ��rrennN eleP .S�"r 9 i Tr8 a T uuAPRIC ScA1E P�A9QeZf Pm RAT Aa=p¢npw MOSMs TO3NUE .1NDS �.R M. .91f SrIC v 22 M �OIOTO�mEd®1OIE CBII�T11e(=,OLC PRELIMINARY P.U.D. PLAT ' HEARTLAND GROSSING A PLANNED UNIT DEVELOPMENT O°8O PROPOSED ZONING•R-2 P U D AND 9-3 CWVE TFBIE LDTLNOINRTBVIfOW65ETLNK iPBLE CYILVE LENEIH R4DIV5 mom DgDOgm, LOTNO m2 LOT ND. Lv,OM I LOTND MYN I LOYND I LNOTN I LOTND MD1N LOT NO I DYOW LOTND 117OLN IN law ARE RE IN Dal ON ENE At 21- Ew m ERE NI'a au, vier NL IGL!lW1 N111 GD EpDi r...,etn _ r I®1C GO IODf PJP AM 0 IWf ��+N B2 W®80116116 4D,K' LODL ,wury �Pei•��Ni¢�NmN,�i TLTmewn YwL II-T_ •I mil' "=I a ts>mv III" �I� ,.evaglnm'wu P�MIBIIf PUO RAT I rra 1�1 - mrNr - -a�unsmuuc a YI pVp D T BI2 "D" PRELEMfINARY P.U.D. PLAN: 11 a Dwm aLLnI x un�®cnRW LT"rM INC. HEARTLAND CROSSING YORKVI EIWNOIS e KENDALLTOWNSHIP.KENDALL CDUIN SE=ON516,21&22ToW sHIP36NORTH,P CE7 EA ^LOCATION MAP rw,ccr EXISTINGZCM -IKENDALLCOUNTY,IC A•i) /�� PROPOSED ZONING-CPC OFYORRVn fl-2 ANp B-3 PU.DJ PLAT PREPAREDMT ..._. RICHARD MARKER ASSOCIATES,INC. °- 654 HEARR.AND DANE T•I— - YORRVIIIE,IWNGIS60560 R - OMCE(630)553-3322 FAX(630)5535736 PROJECT CONTACT: MR GARY NEVER 163D)553.3322 _ 1 1_ •I n i IF P.=AweRr AVr srs c+smc¢n P-V I 1 • 11I p ,sr m•09PE ^•_••— ..� •-�e.�±� ._"' "'r 1 /..i X11•. F= xe...re:. m.n+u.,a = ..�� -S� 6• '.111_ v r:.VC n•.mexnn.....� I-V u 1I i 1 I n _ _ w °T �v Tr_•Oii��q q^ I � �,Y _n.. � III^ u - n - • _ °.^•,^°nnrivv�w�m-�.r• IIT��FF--�� 1 _ v 1 1^1•. •• i° _= / °v°o v via(v�is_�i.e n+P.n•emvne•E asez+P nm•mTaF w ___— w.IM der. �.:V� — IRSNYm yl _ r CIIAPIIIC 9C\IE �— p(,9.RSIARI' PLD. " FEA¢R.A10 @OSSP.G MI° Invilt,�LMGI=ft,11.0 CONX"T11% I"C PRELITUINARY P.U.D. PLAN: HEARTLAND CROSSING Ili _ �— ..� `` �\. ' III w...., iia ns A- W E.W II II PM fill, PRELINUNARY P.U.D.PLAN: 1M "�""��;°"Lum " HEARTLAND CROSSING FUR t.Q11nWAM0W rmm nnms. so IK I'I f : q P� � w�,=AM o ,.a �yvirx—=emrtm�cox�i,*pnxm.nrt. PRELIlYIINARY P.U.D.PLAN: ]HEARTLAND CROSSING Fnmn `~�. iL` g�}�[[i t xo ]rop coxnmunnx �• .' r •��. � �.. V3 Y yJG�p I I II - - /Y - 'N _ t I � cnerx¢xut — if+® �p�:JPI+��M1^U'��r• _.mm M1ESr �•� .�'e`.�s __ i.�M nwuu � pp.�Ay�pgY PLG. PLM1 • r :muKn°•!�'�„ � rEUnwD CRO$$xG .,�vu. f, roelve,E. cua�s -. n T° - PRELLMINARY P.U.D.PLAN: HEARTLAND CROSSING ..61 it ml po 1 i 1 I II •' � _ _ 1 ^-^'�n — "—� mne�.e�rc e"ir' { .,.. GMFlIIC ssl.1L . r m I la I 1 / .. pm. My RNi —.w M11F.PIIIJJG wn cl+i 6� �sxrtn�xn�wcrnnic cmiWUV�Wxrs.nc. PRELEYIINARY P.U.D. PLAN: -- HEARTLAND CROSSING _ ®� Im _: - � . o •� � _�//•fir _,Vl -n i;_��1 _ "v �' -- C 110W.Cwr� w ^/J r/i Cosa G14PIIIC.RAIL /1 t �12'IJ6 o�x SYITfl�F°A'CI �IN�L,®CONS LMLH�iS.IXC. PRELINIINARY P.U.D.PLAN: HEARTLAND CROSSING 65V IJ' PAN .L_f`fAYJ M pr e.....,...�. m� ......ems... m...o..,'.�...�_...... m e o DODO 0 �:.-. '°.°° to "°° .�°.. rs• .x�.......... �-° zwcr Iwrs.:ew° �XX m xn n a�.-w DT m:.i(�..du'�' mW,��•wa mrr.w mn+ w[ruurw.nvu wx.r,r mca ser ac sw-mrmm '' I M �� ,,,_ YgrvBLt nu�aY I<.ru1B uww rurmr r �.s emwa m�>m•urr+m sus-v w.raswrr ,�,..M. sw.•mrN r.rtX rux.amX ss .uurwc nmwr .ns•rzww.+r.wmr r•r I.c.uv.xa rn.cm a�mNRY PM YOP.'VELE WA6 IYPGl aT�1-'11015 acv: Bm EUIRIT 110-1" BASIN VARIATION EXHIBIT: �RRxI ExRrls HRH;;y,; sl HEARTLAND CROSSING &CH16R'PRFPARW FOR: RICHAROMARKERASSOCIATE6.INC YLOCATION NAP rtGtili 656 HFARR D DRNE 1 YORHVIIIE,WHOM 60550 OPFlCE:(630)553-3322 = - FN (630)553-5735 !� r•� :1 PR039CTCGIFTACM MR.GARY NEVER M,-y (G30)5533322 '• •-1 "" POHP VM4RPIDH PEOUFbi � II�\I`. , 43'.J�i.'UW ILFm' rMRPEVEt➢NdENLWMIMi VMI NNRLOVESE ��' r '!�rHDVEi rlpOF¢tOPE6 wvEn ROPEIIn LIrk Ip W[.,¢�PnOPFM1T VIE !ry' 1N,'�'. ' � w mrn9ronu ipoom¢c rWYn¢ronu 1 ¢�amE Otor9¢ vwvE➢ ��f -1 _I E oYRO.Enx wre EFFmonnorEnR wIE. 1 _ row Iw9DIncE fmrnarow I p 'WF¢wrEi .:I iaE aDPe¢ I I J! �JI� � ' I _ DPEnrturr nuEFERIOwNr➢nn tr � , � � • mRl ea9 r' nY IROwFmm.E rmrn,fonu .�I _ I I— _ fq orris r 9E4F swrES I mowFEnro vorERn me fornor¢in wlE I ', •- _ '43'DDUIFE 1Wnn4:DnL' _ � 1 ,�(` _ II ! ¢n 4DE¢WPF! 1➢NE➢WnF6 _ t f} ID9ViRn tOPPOPERRw 9UffE111O PIDPERn IGti 1 f//�\�'h/•-% \-�p ' ¢ E:I9nrE iwPEi 1➢WE 4WYF! I – 1. /.I y'F"`.� l�\•Y, ' ! :p pIR211Nrn9PEnn NF- D'pYfiEnlO rnOPEM1R W[ !/ 1 xd➢ONGE IPYn 41ORL1 •- ,- `\•r�\� Y.r 90 ¢wr[4 nY .:1➢AE 41Dr➢5 l l I � E p�� ( y.� ! avuirEnlo YROnEM1n mrz 1DouDFFnmrnoomx urt' ., /�{�•' uV r!�t\�� \,y� I rooun¢m.YR¢WNU .aooumEnrrn➢fono ' . J p{f/'•�-� ,/fi?�I/ICY\ /�\ �;, j;`.+ ,� �I I' J F.1 L TU I '—___�Il--1L=CY�(J. LM SII� 1pE / \ r-4 af• •,� ~ _ 1 it �%•\i� / :\ J/ L 111 fl B0.5H VMY.TOV fir( 1£nFl.IIfA�O CROSSED; T00'tRJF. WuD3 CIE_ EMIBIT "E" Ir C) ENTRY M..EirV- AMENT RD. SHEET EET 8 17 RE, N HRARMNDLL LUNOM OVERRU. - I NAP. s ° ° _ _ — "—r.' �,`, moo= ' i j• � � .� � -� °: it °� `.� a � � rJ �• ° ° RIK 1(11ANUQ0DU St P� �\ v ro�ut nuxou :m� SF[Plnnnlno CVnNUw " 1 . ,m s rD e `J T 1 1 � �'� •r � I I-- I d, 0 fit /B• � ��• I I I 1_ ama I m `.�\ _ / `� ' P �ppy�yp � \ �\(\�\~'•� •�/glen b • T S �. • N' �. .i' :ate `��•�••• :.p Y O`, C ,b ISw � \ i- i 1110 P• � 1\ ,WET_POND -�_... � - .�- x �•--'°�_:. '•... —'=ems • v ivm vm vv msvvnssvmvmmavmmv , ampmmmvevmnmm 9 mmnvvmemm � PPMMARY"NDN PM vovrv¢u uuxon lNJ�SGP[PUW p�m�, b9 ,mn:w�1`i� I mlv n.nwu '��. "".'y"�\ .e• �. Wer_P6 WEi o ecysv mm ,sv mvevemv —_ �— I__ I _ I 0 f — i rn¢minvnuxosun rvx xvmuxo uosux¢ rou¢n�uuxo¢ ncrr SWl 4 S�[PL`—np CVeN4W 0 0 ® vvmvmemvv t Y'6' w I II C aKnKb I o i I �, wr . �T"c =K :r+✓"� WET PoND _.',� 0 � WET POND - ,� Beevmoevovevmommmvmmoemmvemev :.-....... a 0 9 Preuvunxrunoswcsaw I � w�mnRU�'iiuxos� Inwosrarc Pow ,rte'°: w°� �„ eRis eLl Ir m,�„I S1 ° ° � H � I ° WET PDYD .:%' H e ° e e e 11 e e e e ° e ° e e 0 PMUWMAWwMXWP .anMwxo enosslxc TOIIINWl RllND6 IAN�S[/�M RIJI __ r ldl EXHIBIT "G" PERMITTED MODIFICATIONS TO SUBDIVISION ORDINANCE A. Permitted Modifications to Zoning Ordinance: 1. Mass Grading: The DEVELOPER shall, at their own risk,have the right,prior to obtaining approval of final engineering drawings and prior to approval of a Final Subdivision Plat,to undertake,preliminary grading work, temporary detention, filling and soil stockpiling on the property in preparation for the development of the property upon city approval of a grading plan and soil erosion plan, and compliance with all other items required by the city's soil erosion and sediment control ordinance. The Final Engineering Plans shall be submitted to the CITY prior to CITY approval of the grading plan and soil erosion plan. 2. Interim Uses: Interim uses set forth below shall be permitted anywhere on the SUBJECT PROPERTY during the terms of this Agreement. 1. All types of farming. 2. Borrow pits. 3. Parking lots. 4. Stockpiling of dirt, also removal and or sale of dirt,clay, gravel or other construction materials. Gravel mining is prohibited,however said materials may be used within the development. 5. Temporary detention. 6. Construction storage and office trailers. 7. Mass Grading. S. Nursery. EXHIBIT'H' Name o Foo Pmop T me o1Eff nQnt 1 School District Trenslllon Foo $3.000 pet unit PoW ta School Dlotrlcl DIOce rior to appllcallon far Wptllag Permll Al Ilme of build— permit paid at Clly Holt,nllh sepamle Gmak made out 10 2 Yorkville BOslol Sanitary District Connection Fee $1,400 par unit YBSD 3 Yorkville Dfisud Salutary District Annexation Fee $3,623 par acre Paid for entire development,at lime of annexation to sanitary district Ymkvdlo BOSfol Sanitary Dlslriol lnviuvwW re 4 Foe $3,523 pot acre Puld for entire development,at Dmo of sanitary district $650•$.D.20 par 6 Bugding Pamlll Fee square toot Budding Pormit G Walor Connection Foe S3,70D par unit Building Permit 7Water Meter Coal(not applicable to too lock) ODD per call Building Permit e City Sower Connection Fen $2,000 per unit Buiding Permit 0 Water end Sewer Inspection Fee $26 porunl( Building Pormll 10 Public Walks and Driveway Inspection Foe S35 per unit Buiding Poanli 11e Public Works(Developmen(Impact Fee) 570D per unit Bulldlnp Permit 11b Police(Devolopmonl Impact Fool 5300 par unit Buiding Pormll Municipal Bulldin9 Impact Fee Is eel up as$5,609 For unit paid at time of 5.0'llmo of permit or$32BB par unit B paid at lima of final plot for all units In(he antiroly 11 of Municipal thilkh i fDavelopmant Impact Fee) payment' of the annexed development IId Llbrary(Development Impact Fee) TSDG per unit Building Permit 110 Perks and Roo(Development impact Fool 550 par unit Buiding Permit 111Fsglnoming(Wovelopmanl Impact Fee) $100 per unit Building Permit Bristol Kondoll Fire DisMG(Development Impact 110 Fee) $1.ODD par unit Burning Permit Calculated by ordinance.$ao.0DO Building Permit or Rest Plat,depending on onnexationideveioprosm 12 Parke Land Cash Foe per acre agreement and land/cash donations negotiated Ceiculolud by ordinance.$80.000 Building Permit or Final Plat,depending on annexationrdevelopmenl 13 School Land COCK Fee poracro agreement and lend/cash donations notiotiated 14 Road Contributes Fund SUN per unit Odding Permit $1,640 per unit escalalint/each BWldln Permit year ate g rata determined by 15 County Rood Fee ordinance 16 Wenhar Warnlnp Siren $75 per acre Final Plat 175%of Approved Enpinooro Estimate of Coal of Lend 17 Adminlalrallon Review Foe Improvements Final Plot 1.25%01 Approved Engineers Estimate of Cost of Land 101ingineering Review Fee Improvements Final Plot EXHIBIT "J" SCHOOL CONTRIBUTION: The total amount of land requited for dedication under the City of Yorkville's School Land/Cash Ordinance, based on the 789 dwelling units shown on the Preliminary PUD Plan and Preliminary Plat, attached hereto as Exhibit"C"is 39.79 acres. DEVELOPER shall dedicate a 19.41 acre buildable school site to the Yorkville Community School District#115 which is depicted as"Future School/Park A"on the Preliminary PUD Plan and Preliminary Plat, attached hereto as Exhibit"C". After DEVELOPER has dedicated the 19.41 acre school site to the Yorkville Community School District 9115, the DEVELOPER shall pay$80,000 per acre cash in lieu of land for the remaining 20.38 acres not satisfied by land dedication as required under the CITY'S School Land/Cash Ordinance. The cash in lieu of land payment of $1,630,400 will be paid on a pro-rata basis at the time of applying for each individual building permit. If the number of residential units is for any reason reduced to less than 789 then the CITY agrees to proportionately reduce the amount of land and/or cash in lieu of land which the DEVELOPER shall be obligated to pay under this Agreement. Storm water detention facilities to accommodate development of the 19.41 acre school site shall be provided for by the DEVELOPER elsewhere on the SUBJECT PROPERTY. TRANSITION FEES: The DEVELOPER shall pay Three Thousand Dollars ($3,000.00) as school transition fees per residential dwelling unit in said subdivision,to the Yorkville Community School District Said transition fees shall be paid per single family residence concurrent with and prior to the issuance of each respective single-family building permit. Said fees are being paid voluntarily and with the consent of DEVELOPER based upon this contractual Agreement voluntarily entered into between the parties after negotiation of this Agreement. DEVELOPER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. No School Transition Fees,or School-Park Land Cash Fees shall be charged on any property zoned for business purposes under the terms of this Agreement. No other existing or future transition fees or impact fees of any kind will apply with respect to the SUBJECT PROPERTY, Error?Unknown document property name. EXHIBIT"J"' PARK DEDICATION: The total acreage required under the CITY'S land cash ordinance for park land dedication,based on the 789 dwelling units as shown on the Preliminary PUD Plan and Preliminary Plat attached hereto as Exhibit"C" is 29.58 acres. The DEVELOPER shall dedicate 3.1 acres to the CITY for Park Lot C, 2 acres for Park Lot C,and 2.45 acres for Park Lot D,as shown in Exhibit"C". In addition to the dedicating park land for Parks Lots B, C,&D,DEVELOPER shall provide open space, as depicted in Exhibit"C"which includes extensive trail systems, open space corridors,and other open space buffering which will amount to a total of approximately 132 acres of open space within the development. The CITY shall grant DEVELOPER a credit of 26.00 acres for said open space and trail systems to be applied toward the CITY'S land cash ordinance for park land dedication. The required park dedication excludes the cost of mass grading,public street improvements,utility improvements and seeding of CITY Park Lots B,C and D which obligation will be undertaken by DEVELOPER Parks will be delivered with adjacent road improvements,curbs, sidewalks,parkway trees,necessary utility stubs,drainage improvements and a cover of turf acceptable to the CITY and conveyed to the CITY within 18 months from the commencement of development for each phase of development that a park site is located within. Dedication of land for Park Lots B, C,& D,as well as providing the open space corridors and trail systems for which credit shall be granted to the DEVELOPER by the CITY, and the park lot improvements contemplated in the preceding paragraph to be constructed by DEVELOPER shall fully and completely satisfy DEVELOPER'S obligation regarding land and/or cash contributions for park purposes under the CITY'S land cash ordinance as it pertains to park lands. Error!Unknown document property nnme. InSMITH ENMNEMNG CONSULTANTS, INC. EXHIBIT (L) S7QM7 CROSS SECTION K9 ROAD AM M. 'a, (D 4-]/T', 1,A BR tlf5 OMCR[R Y AC[..I Rff.[ AmMIAM C-1 acvzotF m Al ARX WHEELE� goAD pM� gMj�'S O� OF PROB� CONSTM=ON COSTS 5 M M FT L�GT;4 OF MVOVM� - t 57�' TOT� - S U94,650 rypAaAL LOSS S•CTION AAVW ROWIL) F-, 1p A. I- A= �Al L 6 4 IG PAW 7 7 3 2 1 Evs MENT sFCnO, V BE AM WRWED BIWONOVS CONCRM SURFACE CWWW a 1.MANURE C (D 0.60 Q AMMO 4551 6f70XATIZ FABRIC OR EDUAI (SO. M.) 1/1-BITMINOUS CONCREM BINDER CWRSE a 7. wX71M?r 8 PAoosm e-AWREBAT sotRBrft. -,PE a LA-6(musNED) O W 1.5B (D rm�AND RACr�SD�' 6-�0 CLASS IA, B O 72'AGGREGAV BASE COURSE CA-5 CRU!PRD SICNC "Pr SN APPRowv EW&, = 1.56 EROSION CONIA(t BLANKET(5-]5) A25 GALS Y 9117BONMS MATERIAL PRAft COAT WIN) TOTAL SR J.74 p2ZLWART MsWeMIS OPIMON � P;ZMAD.E COWTOLCTION COSTS S 200 PH2 IZL FT USJGTH OF K�O� - = 266]' TOTAL - S 533AOO TMICAL CRO-gg SECTOR FMV1hIAN ROAD A. wmY YMT IRA, L 7 A cxIsnNG PAVEMENT SECRON 7 M BE PULVIWD 1.5 offmimous CvMFIT SURFACE COURSE M 1,WKWE C sR-a60 OS AMOCO 4551(.EOTAW FABRIC OR EWA(SO V-) O 4-1/1'BITUMINOUS CONCREM BINDER CDi0?Z a 1. MAW B PROPOSED 8-ACGR£W X SMT'1IDCR, 119F 8 CA-6(CRUSHED) 1.56 12"AGGRE&AW BASE COURSE CA-6 CRUSHED 57�- RPE B M)S 22,,,,,H AND PLAIT?VPSO1 9-SC�G CLASS N, O OR ApAPOWD FWAL SN. LM COAFMa BLANKET(5-76) (D 2'BI 5 CONCRETE SURFACE COURSE WCIVRE C M I 0.25 GAL.4 Y.BITUMINOUS MAIWRJAL PRUE COAT(MIX) �rT3"VIN 8'AM BASE COLORS17 TYPE B(GA-A) WTAL SN 1]4 MAD pp8.Mr9J EI4S�ls CP•ON OF PROBABLE CONSTMICTION COSTS s 2D0 PER LK FT U34GTH OF la-ROV15,04T - ± 66B0l TOTAL s 1336,000 ycRKVLLE 41M115 FOiBWAY =55 (x)!3T ESRA4TES al II EXHIBIT"M" PROJECT SIGNAGE: All project signage is subject to review and permitting but will be in substantial conformance with the following and shall meet any site distance and other health/safety issues: I. Onsite Project Identification Signs: 1. Number: 7 2. Maxirnutn Height : 20 feet 3. Maximum Sign Faces Per Sign : 2 4. Maximum Sign Face Area Per Side: 200 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by Developer IL Onsite Model Home Signs: 1. Number: 1 sign for each model home 2. Maximum Height: 6 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 32 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet T Location: As from time to time determined by Developer III. Onsite Directional and Information Signs: L Number: No maximum number 2. Maximum Height: 6 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 16 square feet. 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by Developer IV. Onsite Sales or Marketing Signs/Flags: 1. Number of Signs: 12, Number of Flags: 24 1 Maximum Height: 25 feet(Flags/Poles) 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 32 square feet 5. Illumination: Permitted 6, Location: As from time to time detennined by Developer V. Permanent Entry Monument Signs: Pennanent entry monument signs and treatments shall be permitted in compliance with applicable provisions of the City Sign Ordinance or as otherwise approved by the City Council or Building and Zoning Officer upon request by DEVELOPER. VI. Other Signs: Heartland Crossing Subdivision shall be allowed to erect and maintain Sales and Marketing signs on property that the DEVELOPER owns on the south side of Route 34 near McHugh Road including a 12 x 20' two sided illuminated sign. In addition to those permitted signs as identified in this Exhibit"M", DEVELOPER shall further have the right to from time to time install and utilize such other signage upon the SUBJECT PROPERTY as otherwise permitted pursuant to the provisions of applicable ordinances of the CITY. EXHIBIT"N" DEVELOPER agrees to include Kendall County`Right to Farm Statement"on each FINAL PLAT OF SUBDIVISION. RIGHT-TO-FARM STATEMENT Kendall County has a long,rich tradition in agriculture and respects the role that fanning continues to play in shaping the economic viability of the county. Property that supports this industry is indicated by a zoning indicator—A-I or Ag Special Use. Anyone constructing a residence or facility near this zoning should be aware that normal agricultural practices may result in occasional smells,dust, sights, noise, and unique hours of operation that are not typical in other zoning areas. E D 1 �� STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) �I ORDINANCE NO.2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF (Heartland Crossing Subdivision) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining to the annexation of real estate described on the Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record and developer of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures provided in 65 ILCS 11-15.1.1, as amended, for the execution of said Annexation Agreement has been fully complied with; and Page 1 of 3 WHEREAS, the property is anticipated to become contiguous to the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS; Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, an Annexation Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JOSEPH BESCO MARTY MUNNS VALERIE BURD PAUL JAMES DEAN WOLFER JASON LESLIE ROSE SPEARS JAMES BOCK Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2006. MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE PLANNED UNIT DEVELOPMENT PLAN FOR HEARTLAND CROSSING SUBDIVISION WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Planned Unit Development Plan for the Heartland Crossing Subdivision; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Planned Unit Development Plan. NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Planned Unit Development Plan for the Heartland Crossing Subdivision, is approved and all appropriate City officials are hereby authorized to execute same. JAMES BOCK JOSEPH BESCO VALERIE BURR PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 eon #a DEVELOPMENT AGREEMENT `Kendall Marketplace' This Development Agreement, hereinafter referred to as "Agreement", is made and entered into this day of 200_,by and between, Cannonball LLC, hereinafter referred to as "DEVELOPER" and the United City of Yorkville, Illinois, a Municipal Corporation, hereinafter referred to as "CITY". The DEVELOPER and the CITY may hereinafter be referred to as the Parties. WITNESSETH WHEREAS, the OWNER is the Owner of certain real property, hereinafter referred to as the"Property", located in the CITY and legally described as set forth in Exhibit"A"attached hereto and incorporated by references as if more fully set forth; and WHEREAS, the Property is generally located at the northwest corner of US 34 and Cannonball Trail and consists of approximately 193 acres; and WHEREAS, the DEVELOPER seeks a PUD zoning classification to allow for uses permitted within the B-3, R-2 and R-3 zoning classifications to exist on the property; and WHEREAS, the CITY has determined that the terms and conditions set forth herein will serve a public use and will promote the health, safety,prosperity, security, and general welfare of the inhabitants and taxpayers of the CITY; and WHEREAS,the DEVELOPER, its vendors, grantees, assigns, successors, trustees, and all others holding interest now or in the future, agree and enter into this contract, which shall operate as a covenant running with the land and be binding upon any developer and its representatives, and future owners of the land; NOW, THEREFORE, the CITY and DEVELOPER, in consideration of the mutual covenants and agreements contained herein, do mutually agree as follows: ARTICLE I GENERAL COMPLIANCE WITH ORDINANCES OWNER hereby agrees to comply with all CITY ordinances, and this Agreement shall alter said ordinances only as specifically set forth herein. Where the ordinances of the CITY conflict with the provisions herein,this Agreement shall control. 1 ARTICLE II PROPERTY DEVELOPMENT The Development of the Property shall be generally pursuant to the Conceptual Plans attached hereto and incorporated herein as Exhibit`B". The development of the subject real property described in the attached Exhibit "A"shall be subject to approval of all Ordinances of the CITY; Site Plan approval, engineering approval(by CITY staff or outside review engineering consultant as elected by the CITY) and Site Plan approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and Review Fees Ordinances,Municipal Building Fee, City Land-Cash Ordinance, and City Development Fee Ordinance, payable at the time of Site Plan approval, which have been voluntarily contracted to between the parties and agreed to by OWNER. OWNER agrees that the Final Site Plan shall substantially comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance currently in effect when development approval is requested, unless provided for differently in this Agreement. Utilities and Public Improvements. That On-Site infrastructure construction and engineering shall be governed by the standards contained in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in this agreement, in which case this agreement shall control. ARTICLE III SPECIAL PROVISIONS DESIGN STANDARDS: The below design standards are in addition to the required standards of the CITY regulated by the City's Appearance Code (Title 8, Chapter 15). 1. Single-Family Detached Residential Unit Design Standards: a. Masonry products* shall be incorporated on the front fagade* of 75% of the total units. b. A minimum of 75%of the front fagade* of each building shall incorporate masonry products*. A 10%reduction of the required masonry area will be given for each major architectural feature on the front fagade. c. A minimum of 50%of each building elevation shall incorporate premium siding material* d. Primary structures shall be constructed upon either a basement or foundation — `slab' construction shall not be used. 2 2. Single-Family Attached Residential Unit Design Standards: a. Masonry products* shall be incorporated on the front fagade* of 100% of the total townhome buildings. b. A minimum of 50% of the front fagade* of each building shall incorporate masonry products*. c. A minimum of 50% of each building elevation shall incorporate premium siding material*. d. Each unit shall include two(2) enclosed parking spaces. 3. Commercial Design Standards: a. All `Guidelines' within the Appearance Code section `V Criteria For Appearance, 4. Non-Residential,b. Building Design, 1. Commercial, Office and Institutional Uses, b. Guidelines for unbuilt sites' shall be required applications. b. Signage: i. All freestanding monument signage must include a 100%masonry product* base no less than the width of the sign area. c. The retail user known and labeled on the Concept and Preliminary PUD Plans as"Home Depot" shall be permitted fencing surrounding the outdoor sales area at the north side of the building to be up to twenty feet(20') in height. RESIDENTIAL FEES 1. In addition to all required application,permit and connection fees the following fees shall be collected for each residential unit at time of Building Permit: a. $2,000 City Road Fee b. $1,549 County Road Fee CANNONBALL TRAIL OFF-SITE LANDSCAPING The OWNER agrees to provide the owners of the properties along the east side of Cannonball Trail directly adjacent to the Subject Property and depicted on Exhibit"C" with the following: 1. A landscape plan designed specifically for the Cannonball Trail frontage of their property that will minimize the visual impact of the development of the subject property; 2. All plant material necessary to implement the landscape plan and installation of said plant material; The landscape contribution to the adjacent property owners is subject to the following conditions: 1. Mutual agreement between the OWNER and the adjacent property owners of the appropriate landscape plan; 3 2. The adjacent property owners will grant the OWNER a construction casement to install the landscaping; ARTICLE IV EFFECTIVE DATE The effective date of this Agreement shall be the date this Agreement is approved and executed and delivered by the OWNER and CITY. CITY: OWNER: UNITED CITY OF YORKVILLE, HARLEM IRVING an Illinois municipal corporation an Illinois corporation By: By: Title: Mayor Attest: Attest: Title: City Clerk Dated: Dated: 4 TELEPHONE LAVE —I- eyr GAS LINE —e- " u TItEELWE }T I^ £NEE `y, CJ� TRAFFIC SIGNAL VAUL r f7 MA PART CR THE SOU IN EAST 114 CR SECRONI 19,PART OF WE SW M 112 OF SECTION 20 AND PART OF H WE NORTH BEST 114 OF SEC7NM 24 IOWNSN/P J7 NORM RANCE 7 FAST OF NE THIRD PRINCIPAL MERVAN DESCRIBED AS FOLLOBS COMMENCING AT WE SCUN EAST CORNER OF SAID SOUM EAST 114 SECTION 19 THENCE NORM ALONG THE EAST LANE OF SAID SCUN EAST 114 JIQ20 FEET MENCE BESTERLY PERPENDICULAR W SAID EAST LINE 1910 PEST FOR WE PANT OF LFGNN/Na HENCE EASTERLY ALONG ME LAST DESm REO COURSE itWo FEET THENCE SDIW ALONG SAD EAST LORE 31020 FEET TD SAM SWM EAST CORNER. WENCE SCUM ALONG RF BEST LAVE OF SAM NORM NEST/ 4 OF SECRW 29, 42AIS FEET TO DE COMER LINE OF U.S RWIE Na 34; WENCE EASTERLY ALONG SAM N7ER UNE WNW FORKS AN ANGLE or 95 DECREES 41 UINUIFS 25 SECONDS WW NE LAST DESCRIBED COURSE, MEASURED CLOCKWSE VwwFRDA, 2059.JO FEET 10 ME CENTER LINE EXTENOEO SOUTHERLY OF CUT–OFT ROAD; MENCE NOTNM£RLY ALONG SAID MGT--DT ROAD CEN7ER LONE VIRNDED AND SAM CENTER LINE WNm FORMS AN ANGLE OF 106 DEGREES 47 MNMIES 2J SECONDS NM ME UST DESCRIBED COURSE MEASURED CLOCKWSE NEREFROM, 181&44 FEET TO ME NORTH NEST CORNER OF OAK KNOLLS SUBDNSKXI; THENCE NORTHERLY ALONG SAID CUT–DT ROAD CENTER LANE NNW FORMS AN ANGLE OF 180 DECREES. M MINUTES 14 SECONDS WN ME UST DESCRIBED COURSE MEASURED GLOCKWSE MEREfRON, 74159 FIET,• MENCE NOPMWSTERLY ALONG A LNE WMW FQPMS AN AN"OF 86 DEGREES J9 MINUTES. 00 SECONDS WN THE CENTER LONE OF WT–OFF ROAD GOING NWMmLY MOM THE LAST!/£SORBED PORT. MEASURED COUNTER O.00KWSE WEREFROM,, "1.97 FU77; MCKCC NmN86SA5R1Y AIWG A LINE FORMING AN ANGLE OF M DECREES 20 MINUTES 00 SECONDS WM WE PROLWGATKM OF ME LAST DESCRIBED CCUF5E MEASURED CLOI,KWSE MMf Og 6590 FEET. THENCE NORTHERLY ALONG A LINE WACH FORMS AN ANGLE OL M WGREES 44 MINUTES 00 SECONDS WN ME PROLONGATION OF WE LAST DESCRIBED COURSE, MEASURED CLCOTWW MEREFRW, IJ&82 FEET. WERCE WS7FRLY ALONG A UNE MICH FORMS AN ANGLE OF 271 DEGREES 25 MW07M 4 SECONDS WM ME LAST DESCRIBED COURSE MEASURED COWIER DOCXVW WEREFROM. 26MM FEET 10 A PANT ON ME UST LORE OF SAID SWW EAST 114 OF SECTION 12 WACH IS 147.IS FEET SCUM OF DIE NORM UST COINER OF SAID MENGE NESB LY ALONG PRINCE LINE WMW FORMS THE OF 17 DECREES 11 MLYUIES 47 SECONDS NIMFR C UST DESCRIBED COURSE MEASURED COUNTER OLoCKWSE THEREFROM. 259.97 FEET ID A POINT ON ME NORM LANE CR SAID SCUiHEAST I/4 WVM AS 182&22 FEET EASTERLY OF WE CENTER NF SAID SECTION 19. MWCE SWMEASIERLY ALONG ALINE WACH FORMS AN ANGLE OF B2 DEGREES M MINUTES 10 SEOONMS WW 7Nf LAST DESCRIBED COURSE MEASURED a=wW McBcTnW, 2411.25 FEET TO ME POINT Dr BEGMNMG (EXCEPT MAT PART OF ME NORMWST 114 OF.SECTION 29. 70NN5HIP J7 Nm7H,RANGE 7 EAST CR ME 7H,D PAPIWAL MEMAN OESCRIWO AS FOLLOW COMMENCING AT WE IMERSECHON OF ME CUMERLME BF U5 ROUTE NO 34 AND WE CENTER ME OF CANNONBALL MAIL; MENGE NORM 21 DECREES 49 M/NUIES J5 .SECONDS EAST ALONG WE CWIrAXWE OF CANNONBALL MAR, 5540 FEET FOR ME POINT OF WO ININM MFNCE NORM 68 DECREES 10 AAWI S 25 SECONDS BEST 48.0 FEET, HAENOC SD/M 21 W4REES 49 MINUTES .T5 SECONDS NEST. PARALLEL TO SAID COVARLME Of CANNONBALL MAN, 470.0 FEET.• MMCE SCUM 57 DECREES 49 MINUTES M SECONDS N£5T. 74.81 FEET TO ME UMMERLY RtCHT OF WAY ON SAID 0..1 ROUTE NQ 34; MENCE EASTERLY ALONG SAID NQRRMRLY LIVE 9&O6 FEET W ME CENTERLINE OF CANNONBALL MAR, NONCE NWM 21 DEGREES 49 MMJ7fS M SECONDS EAST. ALONG SAID CENTERLINE 502.78 FEET TO ME POINT OF BEAMDNO AND EXCEPT MAT PART OF WE SOUTH HALF m SECTION 20, BTgNSHIP J7 MORM RANGE 7 EAST OF ME MARO PRINCIPAL MERMAN DESm/BFD AS FOLLO)E4 COMMEIVONC AT NE SCUMfAST CORNER OF ME S0UTNE45T WAR7ER OF SECRON 19, 70NNSWP AND RANGE AFORESAID; MENGE SCUM ALONG WE NEST IME OF ME NWMWST WARIER OF SECTION 29, MOSHIP AND RANGE AFORESAID 42815 FEET TO ME CEN7ERLINE OF US ROUTE NO N. MORE EASYMY ALONG SAID CEN7fMML WKC N FORMS AN ANGLE OF 95 DECREES 41 MINUTES 25 SECONDS WN ME UST DESCRIBED COURSE MEASURED GLOCI Ww UKREFROM. 2059-JO FEET TO THE CENTERLINE EXTENDED SOUMEALY OF CANNONBALL /RAIL; THENCE NCRMERLY ALONG WE CENTERLINE OF SAM CANNONBALL MA4 WMW FORMS AN ANGLE LF 106 DECREES 47 AIMIES 23 SEOgV05 WW ME UST Dump COURSE:MEASURED O.00KWSE NERFJRW, 1816."FEET TO M£NmMBEST CORNER OF OAK KNOLLS SUBDIVISION, MENGE CW7INUNG NWMERLY ALONG SAID UNIERLME, MIT"FORMS AN ANGLE OF IM DEGREES 26 MINUTES 14 SECONDS WM M£UST GESCR/BED COURSE; MEASURED CCCGKWSE MmfFROV, 746"FEET FOR WE PANT W BEG/NNMG MENCE NmMBESRRLY ALONG A VNE WW FORMS AN ANGLE OF 94 DEGREES 29 MINUTES 17 SECONDS WN SAID CEANERLINE MEASURED GLOONWW MERL W. 140.00 FFET, MENTHE SCUMMY ALONG A LWE WRW FORMS AN ANGLE OF S5 DECREES 30 MINUTES 43 WCQVOS WW ME UST DESCRIBED COURSE MEASURED CLOCKWSE MEREFRW AND PARALLEL WIN SAID CENUXA& IOBW FEET MENGE EASTERLY ALONG A LINE WON FORMS AN ANGLE OF 94 DECREES 29 M/NUIES 17 SECONDS WN ME UST DESm/Bm COURSE;MEASURED CLOMWSE MERUROM, 14aW FEET TO SAM CE MNLIN&' iHfNC£NmMERLY ALWG SAM CENTERLINE. WNW FORMS AN ANGLE OF 85 DEGREES 30 MINUTES W SECONDS WN ME UST OESCR/SED COURSE 100.00 FEET TO TI PONT OF BEONNBgL W MSTCL TOWNSHIP,KWDALL COUNTY, wMaja To Al/d A.edem mW mka90 M1,In..on Company Mb fa to certify That &I,me e,plot and Me a nsy w nhkh it Is bored ware made h aaeaMenae Mfh the 71MInam Slmn Dataie Repimmeante Far ALFA/AGSM Lord UMe SLr ',ainUy nt*h%0W and ad hul by ALTA and NSPS te 200A and haAWea Item.1, 2, J 4, 74 A 10, and Ile of Table A Uenof. Ponuml to the Accurooy SLendmdr or adopted by ALTA and NSPS and h effect on the dole of fhb cerflAmtlan, Mnda4/Amd Anther aesfMer Mot h my Wolosekna ophhn, m a lend ao7 W negl9tered h the Slefe of Hhn.4% the Retathn P"Ikn&Ateuwy of thb mnoy doge net exceed Meat "IM b Ar Rn,Oran. DOW of YgKNb, . crtlq LMrc-<<�.s rya� 03009159 ,:Le Doi9 1TTA{RF@f llcan4s FiyYot /1 9i808Y9,.��5 11 ILI I I III 1 � . �� i _ .i''• f Y__ r�41 hl � I III �� II - III a� ��,� '�,� . � �\ •� __—'—_JI �t �I v ` _ �a�u� _�^�•A� Lam. r �1/ , \. a , Sal i 1 I �No ' 1 I I y v 818iiI e d'Xd ^ 101 Jab ! 3aa � BR ' S - Y �#� � ] C f � � y� `a � ' •S 14'1 ♦j_ .kli�a a ' 4 uo MARKETPLACE rM sCAMOIeAu AP z z O W D m m _ I z o � i D r � ! r a _ D zux � K m m q AO O ` `CgNNONegCC zu > 0 N r5 O O N N m cn O N O O N D m > 01, O O or T m ZJ m W O O N O O N N D n3 oa �o O o O N O N �? N a o o m O J ° X J _F F N 3 o / n 6 N O V I _ D> Q N t m O C) STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT FOR KENDALL MARKETPLACE WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Development Agreement pertaining to the development of real estate described on the Exhibit"A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record and developer of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the statutory procedures for the execution of said Development Agreement have been fully complied with; and Page 1 of 3 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILE,KENDALL COUNTY, ILLINOIS,AS FOLLOWS: Section 1: The Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of the City, a Development Agreement concerning the development of the real estate described therein, a copy of which Development Agreement is attached hereto and made a part hereof. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. JOSEPH BESCO MARTY MUNNS VALERIE BURD PAUL JAMES DEAN WOLFER JASON LESLIE ROSE SPEARS JAMES BOCK Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2006. . MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2006. ATTEST: CITY CLERK Page 2 of 3 Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE CONCEPT PLANNED UNIT DEVELOPMENT PLAN FOR KENDALL MARKETPLACE WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Concept Planned Unit Development Plan for Kendall Marketplace; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Concept Planned Unit Development Plan. NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Concept Planned Unit Development Plan, is approved and all appropriate City officials are hereby authorized to execute same. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE PRELINHNARY PLANNED UNIT DEVELOPMENT PLAN FOR KENDALL MARKETPLACE WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary Planned Unit Development Plan for Kendall Marketplace; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary Planned Unit Development Plan; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Preliminary Planned Unit Development for Kendall Marketplace is approved and all appropriate City officials are hereby authorized to execute same. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville,IL 60560 _ . TMXd yam FRONT PERSPECTIVE (N.T.S.) tux.rn.� SOUTH ELEVATION y t NORTH ELEVATION iF�nNCl�.�Lk�l'aL F"a ONV4D �--.c.� aY'h 24a°GEC¢ rY-5a3t? O T 6-K.. YV y WE5T ELEVATION n / EAST ELEVATION chitecture Yorkville, Illinois Store # 4462 , � � L E n g i n e e r i n g _ ro�� x4�s�.r , MART f� m� Pm nmtlon nflAcaex yn aem nM nrny wx ,main . I {o lnl<M1eexael ttlon knnh�or � �.elnwr Xn{tn.MFrnw'�'SX Mnne{41�IX.9N5 Fm ayry,{hran9 arvqur rnl a.v.n1A uw,auamrmrdil �m�ner: re`�`� _ -- - _ v I M1il'IYn d fool urcfirtm rml nXn4f rve wA L I 1�11�r�� , I /1 �il L_JUfv A IW I-Garden Center IWpL*MART a=TIRE & LUBE Tire & Lube EXPRESS _ -A4m Express -- f YORKV ILLE, IL #4462INDIVIDUAL uual TOTAL AREA x 'l'r ! COLO AE ,l n\ te Dedp. -1 1 J l IsT 1 II N,78-711 I� FRONTSIGRAGE s_[ J-'l<?!k!I?�`+V1�k Z9 OF LA 6'WAL'I.CEN 1 WMTE/ J2J.00 SF J73.W SF YSUP93CFNTHt YELLOW wr dI , 2 RE 16.01 SF 26.28 SF WF006 Center 1 WHITE 60.18 SP 60.2 SP ce.l 30'LOw PIIOo 1 WHITE E0.38 SF N.]8 sF WGUr6en CenMr 1 BLUE 59.92 SF 69.92 SF r r F WWe Sell For Les f WHITE 68.233F 66.23 SPA-I�- I �� I. IC B.", 1 WHITE Tom 5F 10.25 SF Il�l(l��l '�I,(�.ty��1 18'811 1 WHITE 6A0 SF S.DO 6F IFMAt 1 WHITE - e.ef SF 8.81 SF Ir Pro u_ I WHITE 11.% SF It.% SF _ 1C'1-Nwr. Photo 1 WMTE 16.10 SF 1 16.60 SF Ir y I WHITE 14.50 3F 14.56 W IF'OP6cal c - I WHITE t0,Y1 SF 10.2781 � L (yUj�✓i:+.n`II��V% ��JLI 24"The B Lube - 1 BLUE 76.0 SF 76.83 SF } L"ExPres-> TOTALFRONTSIONAGE M."I SF DMVETHRU PHARMACY SIGNAGE W WAUAART 1 WHITE 03.20 3F 9120 SF TV,Pharmacy Drl W-Thm IWPhnrmney Drive-Thm 1 WMTE 30.88 SF 3089 SF 1Y'EAif 1 WMTE �2.2 SF 262 Sf I?'Eft, 1 WHITE 3.26 SF 3.25 SF TOTAL MIVETHRU PHAWMCY 510NAGE 126.% SF AUTO CENT9t SIGNAGE 17 WAL.WRT 1 BLYE fYB.<6 SF 1 0.40 3F 21-Tlu 8 Lube W E Pres IT Tires R WMTE 9.23 eF 8. SF IY Lube Ee e 1 WHITE 8.% SF 8.% SF TOTAL AUTO CENTER SIGNAGE TOTAL BUILDING SIGNAGE 1262.87 SF Yorkville, Illinois Store # 4462 c h i t e c t u r e I U Ny P ZMI NR1�ToNIG�`hNeMI n Iv.Y{p�N,illerm,Hm0. E n g i n e e r i n g WA L* MART l6�e��nv m1 - - .a x..m,.�Iu.J....e.6.�,..m.,n ro.m•,L.ne vsa P yu nP...:,o �0C 3 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR BRISTOL BAY UNITS 8, 9 and 10 WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Final Plats of Subdivision for the Bristol Bay Subdivision, Units 8, 9 and 10; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plats of Subdivision; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: The Final Plats of Subdivision for the Bristol Bay Subdivision, Units 8, 9 and 10, are approved as presented and all appropriate City officials are hereby authorized to execute same subject to staff review and conditioned on adjustments consistent with the staff review. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 FINAL PLAT OF SUBDIVISION , �, �� SMITH CIVIL/STRRENGINEERING Cru��NEERS CONSULTANTS ,SURMORS INC . (,.1 4 3 YORICV UZ, IULJNOI�3 60560 BRISTOL BAY D (*� PH: 630-553-7560 FAX: 630-553-7646 www'smithengineering.com E-MAIL, secOsmithengineering.com Btu ISTOL BAY RU . D . 4 soMcHENR'4' ■ HUNTLEY NYORKYiLLE UNIT 8 UNIT � �O Q ' FOUND 3/4" IRON PIPE ILLINOIS PROFESSIONAL DESIGN # 184-00010$ PER DOC . NO, 83-314 COMP. FILE. 060305FP Phase 2dwg PLOT FILE, STANDARD A SUBDIVISION OF PART OF THE S 112 OF SEC 4 — ,37- 7, DO NO 05 - 39537 VIEW.- UNIT 8-01 AND PART OF THE NE 114 OF SECTION 9 — J7- 7 o �, IN THE UNITED CITY OF YORKVILLE, BRISTOL TWP. , KENDALL CO* , ILLINOIS � SITE LOCATION MAP �. a. PROJECT DRIVE _ �,� 30 t/cxn� B Ole OJ. AREA ii BRISTOL BAY _ — ------- ------� n�a E. , /n ch.CG'�gqoO mss. r ramf" erf. 487 40 C/o - �� - —` - HERETOFORE DEDICATED 823 . 88' N89° 05' 15" E „ - T 0* 00' 80 ' DEDICATED R. 0. W. C/o LOT 1706 05-3953.¢ rlssel! PAP gill Ani ic Is SOUTH LINE OF BRISTOL BAY DRIVE ; 066 SET CONCRETE MONUMENT LOT 1028 AT CORNER ?J 2 niCU/7 ofrrs Iw tuna / Bank cTua. . 4 ► , s s Trust n/o. Mui's7�4T 4 �Rxtl�: L w, 11 F 9fo7-OZ Q`/ cef'c /32. 25 .�- ,� .�ic�4xsar f T e 9• ,� 1 � Cd� ,tom Bz hC3.5/ � • a /29• B7 LOT 1029 B � ft/afic�a`��an Clot paAran �anc;K s f • e'B,FIJ • merit /0 Cerule in 9 _ 0,, alto 7774 . �A `^ al/I!"3' � 'SOS N7t" •..•"' t n s LOT 1030 Trv � /V z frontal &in1C, � C. f 7rtiS f Alp. . • t I INOT TO SCALE k LOT 1031 PLAT PREPARED FOR : I CENTEX HOMES BRISTOL BAY P « l,.,rl « D . 2205 POINT BOULEVARD , SUITE 2009 UNIT 5 ELCINy ILLINOIS 60123 DO�i « NO . 05 '39536 LOT 10,12 ao IN 4C. PROJECT CONTACT; . �� MR * JOE MARX 0 0 00 �.�� PHONE : (817 ) 783 - #3300 � 4 F'Ax : (847 ) 783 -8303 _ -- - LOT 1033 � rn •�5 w Y 1 d� TOTAL GROSS ACRES = 55. 40 ac. LOT 1034 AN EXISTING BLANKET UTILITY AND DRAINAGE EASEMENT OVER ALL OF BRISTOL BA Y P. U. D. UNI T 8 PER DOCUMENT N0. AS RECORDED IS HEREBY VA CA TED W THIN SAID BRISTOL BA Y P. U. D. UNI T 8, w 30 ' YORKVILLE-BRISTOL SANITARY DISTRICT LOT 1035 U77L17Y EASEMENT PER DOC. N0. N_ -- CEN7ERLINE LOT BOUNDARY LINE I S* ; 848, 673 73 SF. (OPEN SPAtt & S. M. E. TO Bt )Wl tv RIGHT OF WAY LINE & MAINTAINED BY THE H. O. A.) N LOT LINE JT 1Uio I BUILDING SETBACK LINE I - - - - - - EASEMENT LINE — — EXISTING PROPERTY LINE I _ O T 10,3l ..�.. EXIS77NG RIGHT OF WAY LINE 1. ANNO TA 77ON ABBREWA 77ONS - NO ` s B. S. L. = BUILDING SETBACK LINE OJT 103c3 �� GRAPHIC SCALE POB = POINT OF BEGINNING Cy POC = POINT OF COMMENCEMENT 4 I 60 so 120 240 P. U. & D. E. = PUBLIC U77LITY AND DRAINAGE EASEMENT 0 S. M. E. co = STORMWATER MANAGEMENT EASEMENT T. A. E. = TEMPORARY ACCESS EASEMENT ,c'', ' FEET L. E. = LANDSCAPE EASEMENT o 1 inch 60 ft H. O, A. = HOMEOWNERS ASSOCIATION 0 2. THIS PROPERTY IS W1774IN THE CORPORATE LIMITS OF THE UNITED CITY OF YORKVILLE. w w m 3. 5180# STEEL RODS SET 0 ALL EXTERIOR CORNERS UNLESS OTHERWISE NOTED. 518 " STEEL RODS WILL BE SET AT ALL INTERIOR CORNERS WIININ 12 MONTNS OF RECORDATION. cv o rn E m FINAL PLAT OF SI�DIVISION o 4. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. N o BRISTOL BAY P.U.D. 5. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. 2 '� I C) UNIT S 6, ALL AREAS SHOWN HEREON ARE MORE OR LESS TO THE NEAREST SQUARE FOOT. �o YOQKVILLE, ILLINOIS Z EXIS77NG ZONING IS R-2 P.U. D. (UNITED CITY OF YORKWLLE) �0� 8. LOT 2050, OPEN SPACE & STORMW47FR MANAGEMENT EASEMENT TO BE OWNED AND MAINTAINED ' I / REVISIONS DWN BY: INT: DATE: PROJECT NO. . BY THE HOMEOWNERS ASSOCIA770N. I. X5 8112106 JGS 06109106 CE7?C- 060305- 4 9. BEARINGS ARE BASED ON LOCAL COORDINATE SYSTEM. 2. DSN BY: INTO. HOR1Z SCALE: SHEET NO. 10. SEE COVENANTS AND RESTRICTIONS FOR EASEMENT PROVISIONS NOT SHOWN HEREON. SEE SHEET N Q . 2 FOR CONTINUATION N/A 1 "=60 ' 110 PUBLIC UTILITY AND DRAINAGE EASEMENT IS HEREBY GRANTED OVER ALL OF LOT 2050. 3 40 CHK BY: INT: VERT SCALE: 7 OF 5 5. CLD N/A FINAL PLAT OF SUBDIVISION SMIT CIM/S RUCTURAL ENGINEERS AND SURVEYORS INC . 759 JOHN STREET YORXVIL56 IId.IN X: 30-5 BRISTOL BAY P PH: 830-533-7580 FAX: 830-553-7848 www.amithengineering.com E-PAIL• aec9amithengineering.com ■ YcHEwu w HUM= ■YORKVIuz ILLINOIS PROFESSIONAL DESIGN FIRM If 184-000108 UNIT 8 COMP. FILE: 060305FP Phase 2. dwg PLOT FILE: STANDARD A SUBDIVISION OF PART OF THE S 112 OF SEC 4 - 37- 7* VIEW.- UNIT 8- 02 AND PART OF THE NE 114 OF SECTION 9 — J7- 7, IN THE UNITED CITY OF YORKVILLE, BRISTOL TWP. , KENDALL CO. , ILLINOIS SITE LOCATION MAP " PROJECT SEE SHEET NO . 1 FOR CONTINUATION Ra 30 /mot q a ., AREA l �,S , � � 7 qn�a E. . ,,,�h�� mss. � r�r (V kd chramm �f 89 �t S440 4 e, C/oi All M CV °� I I N le c.�s rSe & c CO mill o _ 7.3sr e/l Teas , l o No. 123. 08 ^ C/o ^ l IV� w.5et/ a° I I , O LOT 1678 _ Ipg, cam s Ani s3 zo will CIA �ckson .s Morin .to as BRISTOL BAY P . U . D . o I N �z 4r�H! � _ ; ; � . .. 0 2 Trust /VO. Mu�'s¢47 � . .. . J 4 UNIT 7 cy I I L. Setj` .Z399lo7-D2 _ � � r . ; �. O `�C�e � 132. 25 Ji man, � • e y; • : v DOC . NO . 05 _39538 A31o.B2 //3.5/ 9 a • /29. 87 r'unr0 � � �/�e• / . 75 st 2830 -4D L�43 er °� en f 37OZ B n�k�c s t � /0 W Trust' Cirn� �� orQyq Tru 87rozd ' a rfa/ o ' �1 I I .36t3z � � 77 74 eo Noll LOT 1039 av n ine r nr•xL A I B p/d Second H°rre�7r : . ; --� t0 I I Q Nr�ona ! sank, �� ' C. w O Izs S t A/o. / 'O O I L ash ii938t� c '� : R : 0 11 KSY LOT 1040 �- c4' ' NOT TO SCALE Z i o 1 1 PLAT PREPARED FOR , CENTEX HOMES N �• 1 1 2206 POINT BOULEVARD , S SUITE 200 LOT 1041 W, ELGIN , ILLINOIS 60123 CENTERLINE 1 Noll PROJECT CONTACT : BOUNDARY LINE .. � 000 1 MRo JOE MARX RIGHT OF WAY LINE 0 w 1 SOUTHEAST CORNER OF LOT 1041 , ��0� PHONE : (847 ) 783 =6300 t!! O 1 BRISTOL BAY P. U. D. UNIT 7 �5 LOT LINE , 1 a�J F' AX : (847 ) '783 = 6303 BUILDING SETBACK LINE C3J� — — — — — EASEMENT LINE N ,~- - — — — EXISTING PROPERTY LINE Nz Cr 1 1 0 EXIS77NG RIGHT OF WAY LINE � z 1 1 0 TOTAL GROSS ACRES = 65. 40 oc. o � O� 4 will 0 1 1 AN EXIS77NG BLANKET UTILITY AND DRAINAGE EASEMENT OVER ALL OF 1. ANNOTATION ABBREV/A TIDNS luD7�S 0 d7 1 1 v BRISTOL BAY P. U. D. UNIT 8 PER DOCUMENT NO. ____ A S RECORDED lS HEREBY VACA TED NTHIN SAID BRISTOL BA Y P. U. D. UNI T 8. B. SL. = BUILDING SETBACK LINE + POB = POINT OF BEGINNING 1 1 LOT 2050 POC = POINT OF COMMENCEMENT 2, 848, 673 S. F P. U. & D. E. = PUBLIC UTILITY AND DRAINAGE EASEMENT o 1 W (OPEN SPACE & S M. E. TO BE OWNED SM. E. = STORMWATER MANAGEMENT EASEMENT o �4 1 'cr & MAINTAINED BY THE H. O. A . ) T. A . E. = TEMPORARY ACCESS EASEMENT G 0D CD L. E. = LANDSCAPE EASEMENT N 1 w 1 cn H. O. A. = HOMEOWNER 'S ASSOCIATION O 1E LIMITS OF THE UN17ED CITY OF YORKV/LLE. 2. THIS PROPERTY /S WITHIN THE CORPORA w Io ICY N 3. 5/8 " STEEL RODS SET 0 ALL EXTERIOR CORNERS UNLESS OTHERWISE NOTED. 5/8 " co w m STEEL RODS WILL BE SET A T ALL INTERIOR CORNERS W THIN 12 MONTHS OF RECORDATION. to N MINI 4. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS 07HERWISE NOTED. O f` N 1 1 5. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. CN 6. ALL AREAS SHOWN HEREON ARE MORE OR LESS TO THE NEAREST SQUARE FOOT. Z 1 1 7. EXISTING ZONING IS R-2 P. U. D. (UNI TED CITY OF YORKVILLE) N 1 1 �e •.—� 011 8. LOT 2050, OPEN SPACE & STORMWA7ER MANAGEMENT EASEMENT TO BE OWNED AND MAINTAINED t BY THE HOMEOWNERS ASSOCIATION. O CO 1 1 30 ' YORKVILLE—BRISTOL 's Are `"roill Lo 9. BEARINGS ARE BASED ON LOCAL COORDINATE SYSTEM. SAN/ TARE T � U17L/ TY EASEMENSEMEN T 10. SEE COVENANTS AND RESTRICTIONS FOR EASEMENT PROVISIONS NOT SHOWN HEREON. Z 1 1 PER DOC. NO. 11. PUBLIC U77LITY AND DRAINAGE EASEMENT IS HEREBY GRANTED OVER ALL OF LOT 2050. W co s h °v GRAPHIC SCALE v) 1 1 60 0 30 80 120 240 FOUND PINCHED Z 1 1 E PER DOC NO 8"16 N1 1 ( IN FEET ) ° - 4 1 inch = 60 ft. 01 co' 0) a 1 1 SOUTH LINE OF SEC. 4- 37- 7 ^11 N R� J _ _ _ — — 00 N R, NINE _ _ _ _ - - � ° FINAL PLAT OF SUBDIVISION _ _ r 4 4 - - - �� -,a- =l� - 2653.36' N89°04'34"E Q ' BRISTOL BAY P.U.D. - - - `'r' 5 73 '39 „� ,�� NORTM LINE OF SEC. 9- 37- 7 _ UNIT 8 9 - •� �� CD N YORKVILLE. ILLINOIS �� Q coo .N = �� P. O. B. UNIT 8 o 0 REVISIONS DWN BY. INT. PROCT N0. FOUND IRON PIPE �/' v: DATE: PER DOC. NO. 83=316 ^ 1. wvs 8/12/06 JGS 06/09/06 CETX- 060305- 4 2 DSN BY: INT: HOW SCALE, SHEET NO, EE SHEET NO . 3 FOR CONTINUATION 3 N/A 1 ”=60 ' S 4 CHK BY: INT: VERT SCALE: 2 OF 5 5. CLD N/A SMITH ENGINEERING CONSULTANTS , INC . FINAL PLAT OF SUBDIVISION CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS 759 JOHN STREET YORKVIL56 ILLINOIS 60580 0-5 BAY p PH: 890-555-7580 FAX: 830-553-7848 B T L wwwmnithengineering.com E-MAIL: sectsmithengineering.com w Yommm w HEM= mYORKVILLE UNIT $ ILLINOIS PROFESSIONAL DESIGN FIRM # 184-000108 COMP. FILE: 060305FP Phase 2. dwg PLOT FILE.* STANDARD A SUBDIVISION OF PART OF THE S 112 OF SEC 4 - J7- 7p VIEW.- UNIT 8- 03 AND PART OF THE NE 114 OF SECTION 9 - J7- 7. IN THE UNITED CITY OF YORKVILLE, BRISTOL TWP. , KENDALL CO. , ILLINOIS o Cn SITE LOCATION MAP r. o o� P90JECT FOR CONTINUATION .p � RQ 30 Fire• o O/d • Q�Q SEE SHEET N0 . 2 o :Ikdlj at, � ,4 7 4D a/ct E. &tn >C �ramm 8f. 67 ust pSG4D '' C10Z ? : �► DTI `,6Maryrt' fjfomm N �4 ° co w to I m SOUTH LINE OF SEC. it/ 23 O 4 3 `n �•� '� I _ _ _ _ _ f, psi T _ — — — _ _ — — — — g' 0 No. z3. oe o Q ell Ties �cy.w 4 4 rn — — — — — �75 ° 2653 .36' N89°Q434 E — — — 73 �� -- 37- 7 !o g � Rni 9953 24 X39 TH LINE OF SEC. 9 �ckson s . Mann m 9 �3 W NOR 7H roust cry l NO Trlust " M' a'? T • GNG Q P. O. B. UNIT 8 FOUND PINCHED PIPE • • �2 e T s No.�k I Co co PER DOC. NO. 83416 9 9(07-02 FOUND IRON PIPE cN O ` e • X32. 25 h�rrre�" G I � ° I � Jie,txso� T d 9� PER DOC. N0. 83_316 r/ / 19 C3o8z s/ 129. 87 nr N nadan� % C. ttran eK ►� A ua 75): f • Rider 7�zW Trust ' � o Alf A L= 140 .44' R= 66 . 00 ay • t7osepfi%ne �.� Z to CH = 115 .40 CB= N26 002'38" E Q%dSuxc>nd Herren Trust . . . . I r /Va,tionaJ awk �3 icon C• � Robe T us t /Vo. tl��O ' . . . . . . :. �. ; o CRY / rs/t I15t38 2 KS NOT TO SCALE / / J W PLAT PREPARED FOR . CENTEX HOMES ry N 2205 POINT BOULEVARD , SUITE 2009 co �, � ,N � ELGIN , ILLINOIS 60123 CO � PROJECT CONTACT : Mb 70. 00 , Z ^ / Mile JOE MARX S75° 13 ,39 „E PHONE : (847 ) 783 -6300 FAX . (847 ) 783 = 6303 / I FOUND CONCRETE MONUMENT / AT CORNER ? LOT 2050 CNI TOTAL GROSS ACRES = 65. 40 ac. 2, 848. 673 SF CD �r (OPEN SPACE & S E.M. TO BE OWNED 0 AN EXISTING BLANKET UTILITY AND DRAINAGE EASEMENT OVER ALL OF & MAINTAINED 19Y THE H. O. A.) C:) BRISTOL BAY P. U. D. UNIT 8 PER DOCUMENT NO. AS RECORDED --� IS HEREBY VA CA 7ED WITHIN SAID BRISTOL BA Y P. U. D. UNI T Be co V6 / Z / / CO 30 ' YORKVILLE—BRISTOL p l I SANITARY DISTRICT N 0) U77LI TY EA. SEMENT PER D0C. N0 I I 1. ANNOTATION ABBREWA 77ONS NO s SEE SHEET NO . 4 FOR CONTINUATION POB = BUILDING SETBACK LINE Poe = POINT of BEGINNING GRAPHIC SCALE POC = POINT OF COMMENCEMENT 60 0 sa 60 120 240 P. U. & D. E. = PUBLIC U77LITY AND DRAINAGE EASEMENT S. M. E. = STORMWA7FR MANAGEMENT EASEMENT T. A. E. = TEMPORARY ACCESS EASEMEiNT L. E. = LANDSCAPE EASEMENT ( IN FEET H. O. A. = HOMEOWNER 'S ASSOCIATION 1 inch = 60 ft 2. THIS PROPERTY IS Wl TH1N THE CORPORA 7E LIMITS OF 7HE UNITED CITY OF YORKWLLE. CENTERLINE 3. 518 ” STEEL RODS SET 0 ALL EXTERIOR CORNERS UNLESS 077-IERMSE NOTED. 5/8 ° BOUNDARY LINE STEEL RODS WILL BE SET AT ALL INTERIOR CORNERS Wl7HIN 12 MONTHS OF RECORDATION. FINAL PLAT OF SUBDIVISION RIGHT 4. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS 07HERMSE NOTED. BRISTOL BAY P.U.D. - - - 5. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. UNIT 8 LOT LINE 6. ALL AREAS SHOWN HEREON ARE MORE OR LESS TO THE NEAREST SQUARE FOOT: YORKVILLE, ILLINOIS BUILDING SETBACK LINE Z EX/STING ZONING IS R-2 P. U. D. (UNITED CITY OF YORKWLLE) — — — — — — EASEMENT LINE 8. LOT 2050, OPEN SPACE & ST0RMWA7rER MANAGEMENT EASEMENT TO BE OWNED AND MAINTAINED BY THE HOMEOWNERS ASSOClA7)ON. REVISIONS DWN BY: TNT: DATE. PROJECT NO. — — — — — EX/S77NG PROPERTY LINE 9. BEARINGS ARE BASED ON LOCAL COOIRDINA7E SYSTEM. 1. XS 8/12/06 JGS 06109106 CETX- 060305- 4 109 SEE COVENANTS AND RESTRIC77ONS FOR EASEMENT PROVISIONS NOT SHOWN HEREON. 2• DSN BY: TNT: HOR1Z SCALE: SHEET N0. EXlS77NG RIGHT OF WAY LINE 3 N/A 1 =60 11. PUBLIC UTILITY AND DRAINAGE EASEMlENT IS HEREBY GRANTED OVER ALL OF LOT 2050. 4. CHK BY: INT: VERT SCALE: 3 OF 5 5. CLO N/A SMITH ENGINEERING CONSULTANTS , INC . FINAL PLAT OF SUBDIVISION CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS 768 JOHN STREET YORK-755 ILLINOIS 30-5 PH: 890-559-7580 FAX: 830-555-7848 131USTOL BAY P . U . D . www,smitbLengineering.com E-MAIL secOsmithengin.eering.com w lIaFIENRY M I:[UNTLEY NYORKVILLE ILLINOIS PROFESSIONAL DESIGN FIRM # 184-000108 UNIT8 COMP. FILE., 060305FP Phase el PLOT FILE, STANDARD A SUBDIVISION OF PART OF THE S 112 OF SEC 4 — J7- 7t WEW.- UNIT 5- 04 AND PART OF THE NE 114 OF SECTION 9 — J7- 7, IN THE UNITED CITY OF YORKVILLE, BRISTOL TWP. , KENDALL CO. , ILLINOIS SITE LOCA TION MAP PROJECT uS ,, �00 so 0 4i Old AAA At 0 1111 cti. /#J. rus} dt � rcunm f &p ."rs� ,�o h�rnm All Fig mill SEE SHEET NO. 3 FOR CONTINUATION �r, 2 rd� �! °' ` i a./ �. /23. 08 ellTi7A5 , � tr1 1 s, ,1 Anil�o ,ckson .s in ,�O 7"r:rst r vs 4 as cm- c Zo. 6"6 P •c.rohrs I+iCWf ,• Bank tJ'2,esrs, �ra.. _ � � iacpw , Trust A/Ot fyuri47. 4 ita�sa�K. 0B. �`�cc�'e • 25 r T ' .1�Jicsc3n, T d 9, a k* 0 B /lam s/ . ias. t97 N ! 30 ' YORK WLLE-BRISTOL nr TRY DISTRICT i SANITARY Nafror�a!� �!a C. �'ane� �+' � � ua s ILL � UTILITY EASEMENT • ��'� � � Cer�d V6 PER DQC. N0. - -- aro yn 7rast a �P cam. fi mere L W. Rider' � B7lo 77 J4 � dg � .ROf• 40 JS rm7 I M VbinG it N avB Q" �> ctartt+( H an Ti�v9t J Robe T uS7� NO. . . t ell me N � " ish 1297, ctctJ s ' : : Odd 't 0 $ NOT TO SCALE �w ry � a LJJ 2000 co PLAT PREPARED F' OR . .h ; 348, 673 SF. �. .h lloetI4 Jt-i & S* MwE. TO Bt Jw4cU co CENTEX HOMES & MAINTAINED BY THE H. O. A.} a 220 ., POINT BOULEVARD , SUITE 2009 CID ELGINq ILLINOIS 60123 Tell PROJECT CONTACT :ell MR * JOE MARX PHONE (847 ) 783 - 6300 FAX : (847 ) 783 - 6203 o� 20. 00 ' -� SO 13� -L � r I �� rOTAL SH.3SS ACRES = 65. 40 ac. Sol i I ,`� AN EXIS77NG BLANKET UTILITY AND DRAINAGE EASEMENT OVER ALL OF llome BRISTOL BA Y P. U. D. UNI T 8 PER DOCUMEN T NO. ____N AS RECORDED �3 39 'W ?S ° r l IS HEREBY VACA TED WITHIN SAID BRISTOL BAY P.U.D. UNIT 8. `�''"1 20 ' NEREB t DEUtGA ILD TO THE COUNTY OF KENDALL 0'� --� �"' " -„ ;/4Ldl-AvA ftJr4t1 HERETOFORE DE'DICATLD Mill-.,�,_` '�� '+• "`"' PER DOCUMENT NO. 1 45193 342 95W Oil `` 1137 $ • 43 , .. )ED/CATED PER to%GGgL, — � 2 023 ' ell 9AD ell No 1. ANNOTA 77ON ABBREWA 77ONS — O ^' ell wl B. S. L. = BUILDING SETBACK LINE " �' ' LTXAPHIC; SCALE POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PROPOSED SED RIGHT OF— WAY eo , zo Z,o P. U. & D. E. = PUBLIC U77LITY AND DRAINAGE EASEMENT S M. E. = STORMWA TER MANAGEMENT EASEMENT T: A. E. = TEMPORARY ACCES5 EASEMENT '`� . � ( IN FEET ) L. E. = LANDSCAPE EASEMENT H. O. A . = HOMEOWNER 'S ASSOC/A 77ON — — -- ''' � 1 inch 8Q ft. = 2. THIS PROPERTY IS WITHIN THE CORPORA 7E LIM I TS OF THE UNITED CJTY OF YORK OLLE. — CEN7ERLINE J 518 " STEEL RODS SET 0 ALL EXTERIOR CORNERS UNLESS OTHERWISE NOTED. 518 STEEL RODS IMLL BE SET AT ALL INTERIOR CORNERS WITHIN 12 MONTHS OF RECORDA770N. BOUNDARY LINE w.N `� FINAL PLAT OF SUBDIVISION 4. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. g BRISTOL BAY P.U.D. -- — --- RIGHT OF WAY LINE 5. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. UNIT 8 6, ALL AREAS SHOWN HEREON ARE MORE OR LESS TO THE NEAREST SQUARE FOOT. LOT LINE YORKVILLE, ILLINOIS 7 EXISTING ZONING IS R-2 P. U. D. (UN170 CITY OF YORKWLLE) BUILDING SE78ACK LINE R� 8. LOT 2050, OPEN SPACE & STORMW47ER MANAGEMENT EASEMENT TO BE OWNED AND MAINTAINED EASEMENT LINE / BY THE HOMEOWNERS ASSOClA710N. �! 9 0 � REVIS'1E�IS DWN BY; INT; DATE: PROJECT N0. 10 xvs 8112106 JGS 06109106 CE7X- 060305- 4 9. BEARINGS ARE BASED ON LOCAL COORDINATE SYSTEM. — — — — — EXIS77NG PROPERTY LINE SHEET N0. 10. SEE COVENANTS AND RESTI?lC7IONS FOR EASEMENT PROVISIONS NOT SHOWN HEREON. � 9 10 �. FOUND OPEN 2• DSN BY: INT: HORIZ SCALE: EXISTING RIGHT OF WAY LINE 11. PUBLIC U77LITY AND DRAINAGE EASEMENT IS HEREBY GRAN7ED OVER ALL OF LOT 2050. �Q� Q P 4 OF 5 IRON PIPE 3. NIA 1 ' =60' PER DOG . #$3-316 41 CHK 8Y: INT: VERT SCALE: 15ol CLD NIA I SMITH ENGINEERING CONSULTANTS , INC . FINAL PLAT OF SUBDIVISION CM/MUCTURAL ENGINEERS AND SURVEYORS 759 JOHN STREET YORKVILLE, ILLINOIS 80580 BRISTOL PH: 830-553-7550 FAX: 830-553~7848 www.smithengineering.com E-MAIL, see0smlthenglneering.com w MaRENRY w HUNTLFY MYORKVILLE ILLINOIS PROFESSIONAL DESIGN FIRM # i 84-000108 UNIT 8 COMP. FILE: 060305FP Phase 2. dwg PLOT FILE." STANDARD �{, 1{�� (/ ��f.I��, (/�� /.�!��} (�/�, VIEW.• UNIT 8-05 S� 1I i�f i �Ldli\ V VrY\ l A II"I A SUBDIVISION OF PART OF THE S 112 OF SEC 4 - J7- 7, STATE OF ILLINOIS ) )ss AND PART OF THE NE 114 OF SECTION 9 - 37- 7, EASEMENT PROVISIONS COUNTY OF KENDALL) IN THE UNITED CITY OF YORKVILLE, BRISTOL TWP. , KENDALL CO. , ILLINOIS A NON-EXCLUSIVE EASEMENT FOR SERVING THE SUBDIVISION THIS IS TO CERTIFY THAT I, CRAIG L. DUY, ILLINOIS PROFESSIONAL LAND SURVEYOR DII� P (� MEA COLA1J"Y GL' ,W'S QWTJ Q � AND OTHER PROPERTY WITH ELECTRIC AND COMMUNICATION SERVICE NO. 35- 003359, AT THE REQUEST OF THE OWNER(S) THEREOF, HAVE SURVEYED, IS HEREBY RESERVED FOR AND GRANTED TO SUBDIVIDED AND PLATTED THE FOLLOWING DESCRIBED PROPERTY STATE OF STATE OF ILLINOIS) COMMONWEALTH EDISON COMPANY, AMERITECH ILLINOIS a.k.a. ILLINOIS BELL TELEPHONE COMPANY, THAT PART OF THE SOUTHEAST QUARTER OF SEC77ON 4, AND PART OF THE ) ss )ss GRANTEES, ) NORTHEAST QUARTER OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE COUNTY OF _________) COUNTY OF KENDALL THEIR RESPECTIVE LICENSEES, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY TO CONSTRUCT, THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS. BEGINNING AT THE THIS IS TO CERTIFY THAT CENTEX HOMES, A NEVADA CORPORATION, IS THE FEE SIMPLE OWNEIR OF THE /, __�_r__y_ _ �___, COUNTY CLERK OF KENDALL COUNTY, ILLINOIS, DO HEREBY OPERATE , REPAIR, MAINTAIN , MODIFY, RECONSTRUCT, REPLACE, SUPPLEMENT, RELOCATE AND REMOVE, NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 9,, THENCE , FROM TIME TO TIME, POLES, GUYS, ANCHORS, WIRES, CABLES, CONDUITS, MANHOLES, TRANSFORMERS, PROPERTY DESCRIBED IN THE FOREGOING SURVEYORS CERTIFICATE AND HAS CAUSED THE SA)WE TO BE CERTIFY THAT THERE ARE NO DELINQUENT GENERAL TAXES, NO UNPAID CURRENT TAXES, NO SOUTH 00 DEGREES 00 MINUTES 23 SECONDS WEST, ALONG 774E EAST LINE OF PEDESTALS, EQUIPMENT CABINETS OR OTHER FACILITIES USED IN CONNECTION WITH UNDERGROUND SAID NORTHEAST QUARTER, 1603. 64 FEET TO THE NORTHERLY RIGHT OF WAY LINE SURVEYED, SUBDIVIDED, AND PLA TIED AS SHOWN HEREON FOR THE USES AND PURPOSES HEREEIN SET FORTH UNPAID FORFE17ED TAXES, AND NO REDEEMABLE TAX SALES AGAINST ANY OF THE LAND TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATIONS, SOUNDS AND SIGNALS IN, OVER, OF GALENA ROAD AS RECORDED JUNE 5, 1964 AS DOCUMENT N0, 145193; AS ALLOWED AND PROVIDED FOR BY STATUTE, AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME INCLUDED IN IRE PLAT HEREIN DRAWN. I FURTHER CERTIFY THAT I HAVE RECEIVED ALL UNDER, ACROSS, ALONG AND UPON THE SURFACE OF THE PROPERTY SHOWN WITHIN THE DASHED OR THENCE WESTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID GALENA UNDER 7HE STYLE AND TITLE THEREON INDICATED. STA TU TOR Y FEES IN CONNECTION WITH THE PLA T HEREIN DRA WN. DOTTED LINES (or similar designation) ON THE PLAT AND MARKED "EASEMENT% "UTILITY EASEMENT", "PUBLIC ROAD, BEING ALONG A CURVE TO THE LEFT WITH A RADIUS OF 11500. 00 FEET AND UTILITY EASEMENT", "P.U .E' (or similar designation), THE PROPERTY DESIGNATED IN THE DECLARATION OF A CHORD BEARING OF NOR774 72 DEGREES 23 MINUTES 17 SECONDS WEST. AN ARC THE UNDERSIGNED HEREBY DEDICA TES FOR PUBLIC USE THE LANDS SHOWN ON THIS PLA T FOR' GIVEN UNDER MY HAND AND SEAL OF THE COUNTY CLERK AT YORKVILLE, CONDOMINIUM AND/OR ON THIS PLAT AS "COMMON ELEMENTS" AND THE PROPERTY DESIGNATED ON THE LENGTH OF 1138. 43 FEET; THENCE NORTH 75 DEGREES 13 MINUTES 39 SECONDS THOROUGHFARES, STREETS, ALLEYS AND PUBLIC SERVICES; AND HEREBY ALSO RESERVES FOR ANY ELECTRIC, PLAT AS "COMMON AREA OR AREAS", AND THE PROPERTY DESIGNATED ON THE PLAT FOR STREETS AND GAS, 7ELEPHONE, CABLE TV OR OTHER TELECOMMUNICATIONS COMPANY UNDER FRANCHISE AGIREEMENT WI7H ILLINOIS, THIS _____._._.__DAY OF _ _ � 20_-..__. ALLEYS, WHETHER PUBLIC OR PRIVATE , TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE WEST, ALONG 7HE NOR7HERL Y RIGHT OF WA Y LINE OF SAID GALENA ROAD, 50. 13 THE UN17ED CITY OF YORKVILLE, THEIR SUCCESSORS AND ASSIGNS, 7HE EASEMENT PROVISIONS WHICH ARE CONNECTIONS UNDER THE SURFACE OF EACH LOT AND COMMON AREA OR AREAS TO SERVE FEET THENCE NORTH 14 DEGREES 46 MINUTES 21 SECONDS EAST, IMPROVEMENTS THEREON, OR ON ADJACENT LOTS, AND COMMON AREA OR AREAS, THE RIGHT TO CUT, TRIM PERPENDICULAR TO THE LAST DESCRIBED COURSE, 902. 65 FEET; THENCE SOUTH STA TED HEREON, OR REMOVE TREES, BUSHES, ROOTS, SAPLINGS AND TO CLEAR OBSTRUCTIONS FROM THE SURFACE AND 75 DEGREES 13 MINUTES 39 SECONDS EAST PERPENDICULAR TO THE LAST SUBSURFACE AS MAY BE REASONABLY REQUIRED INCIDENT TO THE RIGHTS HEREIN GIVEN, AND THE RIGHT DESCRIBED COURSE, 70. 00 FEET 7RENCE NOR774 14 DEGREES 46 MINUTES 21 THE UNDERSIGNED FURTHER CERTIFY THA T ALL OF THE LAND INCLUDED IN THIS PLAT LIES N7rH/N 7HE TO ENTER UPON THE SUBDIVIDED PROPERTY FOR ALL SUCH PURPOSES. PRIVATE OBSTRUCTIONS SHALL SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED COURSE, 133. 15 FEET,• BOUNDARIES OF YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115. NOT BE PLACED OVER GRANTEES' FACILITIES OR IN , UPON OR OVER THE PROPERTY WITHIN THE DASHED OR THENCE NORTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT WITH A COUNTY CLERK DOTTED LINES (or similar designation) ON THE PLAT AND MARKED "EASEMENT", "UTILITY EASEMENT", "PUBLIC DA 7EED A T �__�_ _�_, THIS _____ DA Y OF _�_M _ _, 20___. UTILITY EASEMENT", "P.U.E' (or similar designation), WITHOUT THE PRIOR WRITTEN CONSENT OF THE RADIUS OF 66. 00 FEET AND A CHORD BEARING OF NOR7H 26 DEGREES 02 —"--' --"— GRANTEES. AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRADE OF THE SUBDIVIDED PROPERTY MINUTES 38 SECONDS EAST, AN ARC LENGTH OF 140. 44 FEET; THENCE NORTH 14 � ,5 T a�iAT� SHALL NOT BE ALTERED IN A MANNER SO AS TO INTERFERE WITH THE PROPER OPERATION AND DEGREES 46 MINUTES 21 SECONDS EAST, 145. 67 FEET; THENCE NORTH 75 CENTEX HOMES MAINTENANCE THEREOF. DEGREES 13 MINUTES 39 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED COURSE, 70. 00 FEET; THENCE NORTH 02 DEGREES 56 MINUTES 50 SECONDS WEST, A NEVADA CORPORATION THE TERM "COMMON ELEMENTS" SHALL HAVE THE MEANING SET FORTH FOR SUCH TERM IN THE " 79. 37 FEET; THENCE NORTH 09 DEGREES 46 MINUTES 58 SECONDS EAST, 77. 05 2205 POINT BOULEVARD STATE OF ILLINOIS) CONDOMINIUM PROPERTYACT", CHAPTER 7651LCS 60512, AS AMENDED FROM TIME TO TIME, FEET; THENCE NORTH 05 DEGREES 56 MINUTE'S 12 SECONDS EAST, 77. 05 FEET; ELGIN, V LI ILLINOIS 60123 COUNTY OF KENDALL )ss THE TERM "COMMON AREA OR AREAS" IS DEFINED AS A LOT, PARCEL OR AREA OF THE REAL PROPERTY, THE THENCE NORTH 02 DEGREES 05 MINUTES 26 SECONDS EAST, 77. 05 FEET; THENCE ) BENEFICIAL USE AND ENJOYMENT OF WHICH IS RESERVED IN WHOLE OR AS AN APPORTIONMENT TO THE NORTH 01 DEGREES 45 MINUTE'S 20 SECONDS WEST, 77. 05 FEET; THENCE NORTH THIS INSTRUMENT NO. _ SEPARATELY OWNED LOTS, PARCELS OR AREAS WITHIN THE PLANNED DEVELOPMENT, EVEN THOUGH SUCH E'S 05 DEGREES 36 MINUT 06 SECONDS WEST, 77, 05 FEET; THENCE NORTH 09 --- _ _ WAS FILED FOR RECORD MAY BE OTHERWISE DESIGNATED ON THE PLAT BY TERMS SUCH AS OUTLOTS , "COMMON ELEMENTS", DEGREES 26 MINUTES 52 SECONDS WEST, 77. 05 FEET; 7HENCE NORTH 13 BY -------------------- ----- ------ N "OPEN SPACE", "OPEN AREA", "COMMON GROUND", "PARKING", AND "COMMON AREA". THE TERMS "COMMON DEGREES 17 MINUTES 38 SECONDS WEST, 77. 05 FEET TO THE SOUTHEAST CORNER IN THE RECORDER 'S OFFICE OF KENDALL COUNTY, ILLINOIS, ON THIS AREA OR AREAS" AND "COMMON ELEMENTS" INCLUDE REAL PROPERTY SURFACED WITH INTERIOR DRIVEWAYS AND WALKWAYS, BUT EXCLUDES REAL PROPERTY PHYSICALLY OCCUPIED BY A BUILDING, OF LOT 1041 OF BRISTOL BAY P. U9 D. UNIT 7, ACCORDING TO THE PLAT THEREOF , SERVICE BUSINESS DISTRICT OR STRUCTURES SUCH AS A POOL, RETENTION POND OR MECHANICAL RECORDED DECEMBER 21, 2005, AS DOCUMENT NUMBER 05-3953&, THENCE I ------------ ---- ----- DAY OF �__ , 20__� AT _ 0 CLOCK _., m EQUIPMENT' NORTH 17 DEGREES 08 MINUTES 23 SECONDS WEST ALONG THE EASTERLY LINE OF SAID BRISTOL BAY P. U. D. UNIT 7, 77. 05 FEET,• THENCE NOR7H 20 DEGREES 59 RELOCATION OF FACILITIES WILL BE DONE BY GRANTEES AT COST OF THE GRANTOR/LOT OWNER, UPON MINUTES 09 SECONDS WEST, ALONG 7HE EASTERLY LINE OF SAID BRISTOL BAY NOTARY C.t.:' RTiF=ICA TE WRITTEN REQUEST. P. U. D. UNIT 7, 77. 05 FEET THENCE NORTH 24 DEGREES 40 MINUTES 44 SECONDS WEST, ALONG THE EASTERLY LINE OF SAID BRISTOL BAY P. U. D. UNIT 7, 75. 23 STATE OF _ _____ _ _ ) KENDALL COUNTY RECORDER FEET,• THENCE NOR7H 20 DEGREES 05 MINUTE'S 21 SECONDS EAST, ALONG THE SS COUNTY OF EASTERLY LINE OF SAID BRISTOL BAY P. U. D. UNIT 7, 120. 36 FEET TO THE -- ) PUBLIC UTILITY AND DRAINAGE EASEMENT SOUTHEAST CORNER OF LOT 1038 OF BRISTOL BAY P. U. D. UNIT 5, ACCORDING TO � _____ ) 7HE PLAT THEREOF RECORDED DECEMBER 21, 2005s AS DOCUMENT NUMBER 271 PL4N ( ', 25MA&Sf("i, y =L15Q6 TE A NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO SBC AMERITECH, NICOR, 05-39536; THENCE NORTH 18 DEGREES 05 MINUTES 43 SECONDS EAST, ALONG I, �__�---_��– –__��–� A NOTARY PUBLIC IN AND FOR THE COUNTY COM ED, JONES INTERCABLE, OTHER PUBLIC UTILITIES, AND HOLDERS OF EXISTING FRANCHISES THE EAS7ERL Y LINE OF SAID BRISTOL BAY P. U. D. UNIT 5, 76. 27 FEET; THENCE GRANTED BY THE CITY OF YORKVILLE, ILLINOIS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS NORTH 00 DEGREES 54 MINUTES 45 SECONDS WEST, ALONG THE EASTERLY LINE OF STA TE OF ILLINOIS) WITHIN THE AREAS SHOWN ON THE PLAT AS "PUBLIC UTILITY & DRAINAGE EASEMENT' (abbreviated P. U. & SAID BRISTOL BAY P. U. D. UNIT 5, 818. 50 FEET TO THE SOUTHERLY LINE OF ) AND STATE AFORESAID, DO HEREBY CERTIFY THAT ___ .___ sS D. E. ) TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE, INSPECT, MAINTAIN AND N__�_�_ __ BRISTOL BA Y DRIVE; 774ENCE NOR 774 89 DEGREES 05 MINUTES 15 SECONDS EAST, J;OUNTY OF KENDALL) OPERATE UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS AND LINES UNDER THE ALONG THE SOUTH LINE OF SAID BRISTOL BAY DRIVE, 823. 88 FEET TO A POINT ON AND —_ M__—_�______�_r ____, PERSONALLY KNOWN TO ME TO BE THE SURFACE OF THE PUBLIC UTILITY & DRAINAGE EASEMENT", INCLUDING WITHOUT LIMITATION TO THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH APPROVED AND ACCEPTED BY THE PLAN COMMISSION OF THE TELEPHONE CABLE, GAS MAINS, ELECTRIC LINES, CABLE TELEVISION LINES, AND ALL NECESSARY 00 DEGREES 14 MINUTES 27 SECONDS EAST ALONG THE EAST LINE OF THE ____ _ -_� AND OF ___�__�_ ___� , AS SHOWN ABOVE, APPEAR60 BEFORE ME FACILITIES APPURTENANT THERETO, TOGETHER WITH THE RIGHT OF ACCESS THERETO FOR THE THIS DAY AND ACKNOWLEDGED THAT AS SUCH OFFICERS, THEY SIGNED AND DELIVERED THE STAID INSTRUMENT AND PERSONNEL AND EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES AND SOUTHEAST QUARTER OF SAID SECTION 4, 1844. 04 FEET TO THE POINT OF CAUSED THE CORPORA IF SEAL TO BE AFFIXED THERETO AS THEIR FREE AND VOLUNTARY ACT' AND AS THE FREE JN1 TED CITY OF YORKVILLE, ILLINOIS, THIS �__�DA Y OF_M__�____, 20__ . TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. AND VOLUNTARY ACT OF SAID CORPORATION, FOR THE USES AND PURPOSES THEREIN SET FORTH. EACH LOT TO SERVE IMPROVEMENTS THEREON. A NON-EXCLUSIVE EASEMENT IS ALSO HEREBY RESERVED FOR AND GRANTED TO THE UNITED CITY OF I FUR7NER CERTIFY INAT THE PLAT HEREON DRAWN IS A CORRECT AND GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS _______ DAY OF _� ___ _ � 20_ �. —_ YORKVILLE, ILLINOIS TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE AND ACCURATE REPRESENTA77ON OF SAID SURVEY AND SUBDIVISION ALL DISTANCES CHAIRMAN INSPECT FACILITIES FOR THE TRANSMISSION AND DISTRIBUTION OF WATER, STORM SEWERS, ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. SANITARY SEWERS AND ELECTRICITY, WITHIN THE AREAS SHOWN ON THE PLAT AS "PUBLIC UTILITY & DRAINAGE EASEMENT" , TOGETHER WITH A RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND I FUR774ER CERTIFY THAT NO PART OF THE ABOVE DESCRIBED PROPERTY IS EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES, LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS IDENTIFIED BY THE FEDERAL ------------------- ----- EMERGENCY MANAGEMENT AGENCY BASED ON FIRM 170341 - 0010C, DATED, JULY 19, NOTARY PUBLIC THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER UPON EASEMENTS HEREIN CITY�, ADA .S A � .� , CTA�ICATL DESCRIBED FOR THE USES HEREIN SET FORTH AND THE RIGHT TO CUT, TRIM, OR REMOVE ANY TREES, 1982. ALL OF THE PROPERTY IS LOCATED IN ZONE C. AREAS OF MIN/MAC � r'S SHRUBS OR OTHER PLANTS WITHIN THE AREAS DESIGNATED AS "PUBLIC UTILITY AND DRAINAGE FLOODING. 071 ENGNEW 'S EASEMENT" WHICH INTERFERE WITH THE CONSTRUCTION, INSTALLATION, RECONSTRUCTION, REPAIR, I FUR774ER CERTIFY THA T I HAVE SET ALL EXTERIOR SUBDIVISION MONUMENTS AND STA TE OF ILLINOIS) REMOVAL, REPLACEMENT, MAINTENANCE AND OPERATION OF THEIR UNDERGROUND TRANSMISSION STA 7E OF ILLINOIS AND DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO. NO PERMANENT BUILDINGS, DESCRIBED THEM ON THIS FINAL PLAT AND THAT ALL INTERIOR MONUMENTS SHALL ) S S )ss STRUCTURES, OR OBSTRUCTIONS SHALL BE CONSTRUCTED IN, UPON, OR OVER ANY AREAS BE SET AS REQUIRED BY STA 7 JTE (ILLINOIS REVISED STATUTES 1989, CHAP7ER 109 COUNTY OF KENDALL) DESIGNATED AS "PUBLIC UTILITY & DRAINAGE EASEMENT', BUT SUCH AREAS MAY BE USED FOR SECTION 1). COUNTY OF KENDALL) GARDENS, SHRUBS, TREES, LANDSCAPING, DRIVEWAYS, AND OTHER RELATED PURPOSES THAT DO NOT APPROVED AND ACCEPTED BY THE CITY ADMINISTRATOR OF THE UNREASONABLY INTERFERE WITH THE USES HEREIN DESCRIBED. I FURTHER CERTIFY THAT 7HE PROPERTY SHOWN ON 774E PLAT HEREON DRAWN IS /, JOE WYWROT, CITY ENGINEER FOR THE UNITED CfTY OF YORKVILLE, DO HEREBY CERTIFY THr4T THE S/ TUA TED WI THIN THE CORPORA TE LIMI IS OF THE UNI TED Cl TY OF YORK WLLE, UNITED CITY OF YORKVILLE, ILLINOIS, THIS �____DA Y OF...______� 20_. THE OCCUPATION AND USE OF THE NON-EXCLUSIVE EASEMENT HEREIN GRANTED AND RESERVED FOR REQUIRED IMPROVEMENTS' HAVE BEEN INSTALLED OR THE REQUIRED GUARANTEE COLLATERAL IHAS THE ABOVE NAMED ENTITIES BY EACH OF SUCH ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS ILLINOIS, WHICH /S EXERCISING ILLINOIS THE SPECIAL POWERS AUTHORIZED BY DIVISION 12 BEEN POSTED FOR THE COMPLETION OF ALL REQUIRED IMPROVEMENTS NOT TO INTERFERE WITH OR PRECLUDE THE OCCUPATION AND USE THEREOF BY OTHER ENTITIES FOR OF ARTICLE 11 OF 174E ILLINOIS MUNICIPAL CODE AS AMENDED. WHICH SUCH EASEMENTS ARE GRANTED AND RESERVED, THE CROSSING AND RECROSSING OF SAID GIVEN UNDER MY NAND AND SEAL AT ILLINOIS, DA TED AT YORKVILLE, ILLINOIS THIS __N__ DAY OF _�___� 2005. EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS NOT TO --------------"------- INTERFERE WITH, DAMAGE, OR DISTURB ANY TRANSMISSION AND DISTRIBUTION SYSTEMS AND ___�_�_._.., CITY ADMINlS7RA TOR __,_„_..--___DA Y OF ________ _� 20 FACILITIES APPURTENANT THERETO EXISTING WITHIN THE EASEMENTS BEING CROSSED OR RECROSSED. NO USE OR OCCUPATION OF SAID EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL CAUSE ANY CHANGE IN GRADE OR IMPAIR OR CHANGE THE SURFACE DRAINAGE PATTERNS. ILLINOIS PROFESSIONAL LAND SURVEYOR, N0. 035- 003359 CITY ENGINEER — FOLLOWING ANY WORK TO BE PERFORMED BY THE UNITED CITY OF YORKVILLE IN THE EXERCISE OF ITS License Expires 11/30 2006. EASEMENT RIGHTS HEREIN GRANTED, SAID CITY SHALL HAVE NO OBLIGATION WITH RESPECT TO QZI COL/VIA QW729112ATL QQLj f{Zi B1aA1 mw os GER-729GA ZE SURFACE RESTORATION, INCLUDING BUT NOT LIMITED TO, THE RESTORATION, REPAIR OR REPLACEMENT OF PAVEMENT, CURB, GUTTERS, TREES, LAWN OR SHRUBBERY, PROVIDED, HOWEVER, THAT SAID CITY SHALL BE OBLIGATED, FOLLOWING SUCH MAINTENANCE WORK, TO BACKFILL AND MOUND ALL TRENCH CREATED SO AS TO RETAIN SUITABLE DRAINAGE, TO COLD PATCH ANY ASPHALT STATE OF ILLINOIS) STATE OF ILLINOIS)COUNTY OF KENDALL) COUNTY OF KENDALL) OR CONCRETE SURFACE, TO REMOVE ALL EXCESS DEBRIS AND SPOIL, AND TO LEAVE THE )ss )ss MAINTENANCE AREA IN A GENERALLY CLEAN AND WORKMANLIKE CONDITION. ALL LOTS WITHIN THIS SUBDIVISION ARE INCLUDED WITHIN THE UNITED CITY OF YORKVILLE SPECIAL SERVICE NUMBER 2004-,_.___..... AND ARE SUBJECT TO AN APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE ACCEPTED AND APPROVED THIS _____ DAY OF 20-__ . ANNUAL TAX LEVY IN ACCORDANCE WITH THE PROVISIONS OF CITY ORDINANCE N04 2004-___�, "AN ORDINANCE ESTABLISHING UNITED CITY OF YORKVILLE UNITED CITY OF YORKVILLE, ILLINOIS, THIS ....DAY OF......._ 20_� . SPECIAL SERVICE AREA NO. 2004-.. 10 ADOPTED BY THE CITY COUNCIL ON 200_ AND FILED FOR RECORD IN 774E RECORDER 'S OFFICE OF ----�--�--°----°------------------ KENDALL COUNTY ON _ ._, 200_ AS DOCUMENT NUMBER KENDALL COUNTY ENGINEER ---- -- _. MAYOR CITY CLSW 'S CWRIIFICATE NOTE: . * No distance should be assumed by scaling. STATE OF ILLINOIS) YOliCEr * No underground improvements have been located unless shown <endall County :ias J long, rich tradition in agriculture and respects the role FINAL PLAT SUBDIVISION and noted. )ss :hat farming continues fa ploy in shaping the economic vlobility of the * No representation as to ownership , use, or possession should be COUNTY OF KENDALL) ;;ountry. Property that supports this industry Is indicated by a zoning indicator BRISTOL BAY RU D, hereon implied. A - l or Ag Special Use. Anyone constructing a residence or facility near this * This Survey and Plat of Survey are void without original embossed APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE zoning should be aware that normal agricultural practices may result in UNIT 8 or red colored seal and signature affixed. occasional smells, dust, sights, noise and unique hours of operations that ga * This professional service conforms to the current Illinois minimum UN17ED CITY OF YORKWLLE, ILLINOIS, BY ORDINANCE No. YOR"ILLE, ILLINOIS standards for a boundary survey and was performed for: got �ical in zoning areas CENTEX HOMES AT A MEE77NG HELD THIS __DA Y OF_M__�_ Compare your description and site markings with this plat and REVISIONS DWN BY: TNT. DATE, PROJECT NO. AT ONCE report any discrepancies which you may find. f. X�S 8112106 JGS 06109106 CET)(- 060J05- 4 2 DSN BY: INT: HORIZ SCALE: SHEET NO. CITY CLERK 3. NIA NONE 4. CHK BY: INT: VERT SCALE: 5 OF 5 5, CLD N/A � SMITH ENGINEERING CONSULTANTS , INC . FINAL PLAT OF SUBDIVISION CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS IM19 i0m &Mrr BRISTOL P . U , D , YORKV 755 ILLINOIS 30-5 BAY PH: eerMg. 3-7880 FAX: 890-583—?846 wxw.smtthenginearing.com E—MAIL sac•amithengineertng.com UNIT C w M° MMIN w HUNTI.EY mYORKVI= / ILLINOIS PROFESSIONAL DESIGN FIRM � 184-000108 COMP. FILE: 060305FP Phase 2. dwg PLOT FILE.' STANDARD A SUBDIVISION OF PART OF THE S 7 f'2 OF SEC 4 — J7- 7i WEW* UNIT 9- 01 AND PART OF THE NE 114 OF SECTION` 9 — 37— 7, IN THE UNITED CITY OF YORK1/ILLE, BRISTOL TWP. , KENDALL CO. , ILLINOIS SITE LOCATION /1ilAF' ' N � '' PROJECT FOUND 3/4" IRON PIPE /"�� \ 0.31 ' E & 0,08' S OF CORNER 4 4 to qA . L? Q�A 4 4 us ' I" 47 nalet F. 0 i chvi mss. av�J LOT 1659 LOT 1660 u,Ao Q �' dt ramm eFt. a9 , . 40 v BRISTOLBAY P . U . D . x — "NN7`"WNWWNNN"W INMINWINNININ= V,NvxV WWII -r It wwwwwwwwwwommummommommem UNIT I „,� Ott /71. 23 Rob �t A. � �� t . _ 1 I _ _ —1 o g j a/ Me F� cns 16,f /& �OWN %dk;. DOC . NO . 05 - 39532 + W *w 5f,^� No. X23 rsB 15Qzro!d ,p Busse% T % ?I W 233 . 67 " I i �_ _ _ __ _ __ - � ' �f X�.ssc�t ��° IN,WIN 0000W S88 47 59 E I . O : / . FOUND CONCRETE MONUMENT �3 .- �j1 7G0 R�c1r Ani 534 LOT 1704 ti N WIN r, f J ' / " ' / ' AT CORNER Dickson .s +'n �o 1 I Tb Tf 2a-66 �• � le F� . J :j }/ = LOT 1635 . . . . '. . . n, ° f J° - �— Amtr�rCan ecPohr,jM f : : : . ' IV,I 'll II, I IV, � lee ";!; f �° " BRISTOL BAY P . U . D . � . rvi Bak � � p e 4,Z k 0 NI s s .ca-z Trust No. Mur sY` 84 . 70 / . : ,f d L ,�e# sxp 91p �-oz : : 4 / fJ ` ' �+ f' - UNIT 7 1 l G It,S88 °47'59'" E ' J is ? ' /' f d` ec a 112 25 � � : : ' : . ' f� el 1 , DOC . NO . 05 - 39538 / ��' ,�ez 40.III J 201 . 36' S88°47 '59" E I ` �� rag. 've. 017' S ' F7" 9 ' ', 161 ' ' +' :� f?+ ''1 • J ii/er anf 8, JSssp Q` /enr I. f ( / �f./(/j.°/ `Nlg4,S3 Nc�fana7 B`san c� C rn j f f ' „ f ,rye �,IV vs , } 75� ' ,(a2' C Cr A10 a l�3 LL,I/ Ill JJ €; / , `to . — '� W 4 ` .3) LT2 ear is st t ID W de f M I ��r J ? ,. 'GI!`I?,If/7 w u �i TrustC in V. ' + f f r ui ,. Tru C a.. ei%F J ` ,40 , f ' ` ' f ` , LOT 2027 ' I � e7�z 77 74• � ' ` LOT 2028 J ;J 'J,- J ' 12, 740 s F �► 8D' DEDICATED R. Q. W. �„�„ , cToseP+4 ns sz It1�16, 12 740 S F. 1 �J ' ' PER D0� N0. 05 39532 tr B Q/ ire 7w 'J ' 'J ,, d.Sr.�cond Herren Trv9 f ' J'1 % + '� 55 f �' I / �» /V rIanal Bank ''` ° : : : : : e. _, + F ' '/ ' ✓ f f + ' �' '' i2obe Tu.Sf lt�a f '11 f` 'FE, ,. � ? / ? 1! . OD ; f rash 1l5�3BI VV III �Aff : ! ! 11/ Ile '' 8, KS s'' j NOT TO SCALE 1.f f /. r ^( / / //. ; ` / ,F'` / J . '' ` r+ fJ ;f J ; / } / F ` ` i t Il ' ? ` , 191 E10' N IfT6q, 0 ,` /J } �' f Il ' t f : ra �, f f '' "� �;: , J " ;+ '` le r? ' J �t PLAT PREPARED FOR :;e e5t v F }}��,,'� ° ^ el F. .Y / ' "j,. 0 ; r jA CENTEX HOME ��- r I V.J J r """# j 'C'J J I F r' "Fi`l. J / ' Jf : , f f ..', ' r ; J �`�` ^� 2305 POINT BOULEVARDS SUITE 200 ,I. Ile ' �A' '' (tip)N SPA'S' * T�3`0 .1 W1�'ED & � � � �' � LG I N I I/ Ill J ; e rn J N Z3 MAIN TAR :i7lE l9,AA'} '' —4 LLINOIS �'► CT 'I 11'E � LOT 204010 J ^ + ? °'` + / �E �'' tp �0 MR * JOE MARX III Ile .1 ,e I _ 12, 740 S, F. ra ', } ' ' 1V$ ` J r tl 11 N I � ; + /J. cn > PHONE . (847 ) 783w6300 III I'll / ` ,• f , ' 10 NINON I, / , ' ' ` J '` `° o �, F° AX . (847 ) 783 " 6303 el 0 } V, + F f LOT 2041 ,f`+' 2 :J N 11 J' + . ^� 12, 740 S F, { : IV ,/ p�+�le,L + J f we :. } ICE - ,,,,kJ f'' e, , . ,� 0 r .1 {}y� + ` I T R ArV cXIST1NG BLANKET UT7L/ TY I 11 I, I ,J'F E*/rf J E F J'' Fvf' ^ 9,Y0��" J`�� J` > / `1 .1"" S£, `£ ' v / _ J ` 'F � I �' J � {{.1 I i J` � / / f f f'� 'y �' NKE,P ? �'.�j � q ' U L E AND DRAINAGE EASEMENT OVER ALL OF .n7'' } r ' ` } �' J f' J ' / ' :J ,J�I.t: F ' ,� � ' 5 F JJ'' .-.-. INN` we I jet I.,22 : 5 } .J (xi , ,gig ,' E, J: 3RlSTOL BAY P. U. D. UNIT 8 PER DOCUMENT NO. AS RECORDED 11 < fJ ? f b0` , 433. J \ {-� - -- IS HEREBY VA �• J. + J' , } J 47'SS'�E J 200 toff. + BRISTOL BAY I= . U . V . ----• CA TED WITHIN SAID BRISTOL BAY P. U. D. UNIT 99 11 I 01` J �M1 / ' mil'" ' '`• , F ++/ er- J J f + ' J+J ;e .+'+ F./F f A `/ ' F.t ^ / / /+ + UNIT I (�( � t1l1 f f f V ' V J' f .r E , . VV ' Nt}v '� 7' � e � �' ` s- f_ : , , J' ` % J ? ' ' 7' � f J . J` J 7. .�r f } f � f J IV,J': / , • F / ^r .Y INS 1 /�•y ,f�` f'J ; { e J /J -IV `' E �T✓' ,f`�[.,(,J +:J '' + J ." + '• � .�`fa ,�� ' r' ell r / J f + � � * ,T 7,5 � JI / . Y - / N45 ° 15' 13"W '' ' ' / ' ? \1. f. + / j' / ? Jv' ' F / F i J F ,, J 11 5 . 05 + . F � / . ? f J Ir �VVI N84 ° 13'39"W ` ' 'J f} f/ i f ,? 'It ,; + }'' FE - / J ` '' // ;. ,` / ' J F f, r0 f J '`'f;M } J ✓ /? `,. ,�`' , I �'le I O / '+ ,+ f ?. / J f/ ." ++` J � /' J /: "r .. J rf J ` 0 - ` , ? e,, +' LOT 2043 J f' f f LOT 2042 � , l/J 1 J / / ? Jf f f f , . / Q) J / J r`` }/ 12, 740 S, F. ( /I" ,„ r'`? _ 12, 740 S,F, �x ,? ^ f f 't1 IV, ' ' ' '' 1f4 ' ' \ 1`+ FOUND PINCHED PIPE IV 1�� ° fJ J ; :r ^F +,J f . .J' : F Y .:} J : r , y� J`''` VV ,f: Y " O I. 11 U f , fF J f ,. / J , f } F ' rf / ` * �� .> PER DOC NON 83=316 ` . {� �_ ✓ 'Ve III 0 . 91 r f ! I J �1 f ' J ,? f' ' V 0. W V 1. J } NON N10 '�5'�6"W ;' N: : . ' J, ' a'• �° ,. ,� ,. N je f' r f } e, F: J F �/ �-+' ;' / LINE OF SEC. 4—J7— J _ . : + :' r Fr T C V J,. ,. J J c� R , J IV I, ;f s� / ` ;91,.U4" N8$ 4 j'5 W. ° : F e 9 LI09 N8 47 5.9 W: E \ o cn / \ +m0 f'' l 1w , �r i— 4 3 11` , ,,:' /' / J ` +• l ,l'L f� ,f'` ,' ;.. �+' / +••V.:dam / E --- j/. I IV ,?` /' ,/ / ./ F f , ff ` J F''' / + ! /fl`,f` ' f� .r" f �J f ` f ff` :!' + �f ,+ �- _._ .� `�' ' } f J` , -f' R\ } ` }' f + f; , ; J,' ,+ ,a' ? ?f ;+' -- N09 ,6Jz, J' / — 6 N89 0434 E + "k' ✓ ..Ir } /i` /` J :' / ; . ''rMM '� "e J,: ,, . 1' f' 4L7�,7..7.V1 f 2 ` ` '2.34 7f`` r n 014 Vp O QI 1� . 7 ' �'..`V`,-4434: � ' N880 7' 59"W '� NORTH LINE OF SEC. 9-37- 7 St I o" Kt3UNt.) — —" � 9 € �Oom;Rt i t MONUMENT . € ., w._._:.,..,�. .,., \ I 1►-► �-8 AT CORNER I I / , 'A I „s. a•, Cw F 1 11 . 11 ' N00 00911511W FUTURE FOUND IRON PIPE - PER DOC. NO . 83-316 �I�arES - P. O. C. UNIT 9 BRISTOL BAY P . U . D . S 1. ANNO TA 77ON ABBREVIA RONS - NA T04 L�'�� I UNIT 10 B. S. L. = BUILDING SETBACK LINE l I -----� GRAPHIC SCALE POB = POINT OF BEGINNING }/` ,J ' ,� + PUBLIC U77LI TY & I eo 0 30 50 120 zoo POC = POINT OF COMMENCEMENT . ^ J ' DRAINAGE EASEMENT AREA P. U. & D. E. = PUBLIC UTILITY AND DRAINAGE EASEMENT S. M. E. = STORMWA TER MANAGEMENT EASEMENT T. A . E. = TEMPORARY ACCESS EASEMENT IN FEET L. E. = LANDSCAPE EASEMENT 1 inch = 80 f H. Q. A. = HOMEOWNER 'S ASSOCIATION CENTERLINE A PUBLIC UTILITY AND DRAINAGE EASEMENT, IN ACCORDANCE WITH ' 2. THIS PROPERTY IS WITHIN THE CORPORA TEN LlM/ T S OF THE UN/ TED Cl TY OF YORK MLLE. THE EASEMENT PROVISIONS STATED HEREON, IS HEREBY GRANTED 3. 5/8 " STEEL RODS SET 0 ALL EXTERIOR CORNERS UNLESS OTHERWISE NOTED. 518 " BOUNDARY LINE OVER ALL AREAS OF LOTS 2027, 2028 AND 2040-2043 FINAL PLAT OF SUBDIVISION STEEL RODS WILL BE SET AT ALL INTERIOR CORNERS WITHIN 12 MONTHS OF RECORDATION. - — . RIGHT OF WAY LINE (EXCEPTING THEREFROM THAT FART OF SAID LOTS ON WHICH A BRISTOL BAY P.U.D. 4. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. PRINCIPAL RESIDENTIAL BUILDING IS TO BE CONSTRUCTED). LOT LINE UNIT 5. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. YORKVILB, ILLINOIS 6. ALL AREAS SHOWN HEREON ARE MORE OR LESS TO THE NEAREST SQUARE FOOT. BUILDING SETBACK LINE LANG? LW U1AR'Y M X OF 7. EXISTING ZONING FOR CONDOMINIUMS IS R- 4 P. U. D. (UNITED CITY OF YORKWLLE) — — — — — — EASEMENT LINE LAND USE ACREAGE TOTAL ACRES 8, OPEN SPACE TO BE OWNED AND MAINTAINED BY HOMEOWNERS ASSOCIA RON. NON EASEMENT LOTS 1. 76 ac. REVISIONS DWN BY: INT: DATE: PROJECT NCI. 22X 1. CLD 7/t9/O6 JGS 06/09/06 CET7C- 060305- 4 , - - - - - EXISTING PROPERTY LINE EASEMENT AREA LOT 2048 6. 21 ac. 78.E 2. ,LS 8112/06 DSN BY: INT: HC6Z SCALE: SHEET N0.NINNINNINNI 3. BEARINGS ARE BASED ON LOCAL COORDlNA 7F SYS7EM. TOTAL GROSS ACRES Z 97 ac. 100.°1; ,. , 10. SEE COVENANTS AND RESTRIC77ONS FOR EASEMENT PROVISIONS NOT SHOWN HEREON, EXIS77NG RIGHT OF WAY LINE 3. N/A 1 =60 �F 2 4• CHK BY: INT: VERT SCALE:VVIVINVIVIVI 5. CLD N/A 11 . 11 FINAL PLAT OF SUBDIVISION SMITH ENGINEERING CONSULTANTS , INC . CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS 759 JOHN BMW YORXVMU, IUaNOLS (10580 PH: 630-553-7580 FAX: 630-553-7846 www.smithengineering.com E-BAIL seclsmithengineering.c om BRISTOL BAY P . U . D . w bioti>INRY w Ii[tT.NTI.EY MYdRJS:YILLE ILLINOIS PROFESSIONAL DESIGN FIRM # 184-000108 UNIT 9 COMP. FILE: 060305FP Phase 2. dwg PLOT FILE.' STANDARD SLE11YC 6 QW25 ATL VIEW UNIT 9- 02 STA IF OF ILLINOIS ) A SUBDIVISION OF PART OF THE S 112 OF SEC 4 - 37- 71 )ss AND PART OF THE NE 114 OF SECTION 9 - 37- 7, COUNTY OF KENDALL) IN THE UNITED CITY OF YORKVILLE, BRISTOL TWP. , KENDALL CO. , ILLINOIS THIS IS TO CERTIFY THAT I, CRAIG L. DUY, ILLINOIS PROFESSIONAL LAND 0� C�T�A7LC EASEMENT PROVISIONS SURVEYOR NO. 35-- 003359, AT THE REQUEST OF THE OWNER(S) THEREOF, COLATY AC 'S GER7191CATE HAVE SURVEYED, SUBDIVIDED AND PLATTED THE FOLLOWING DESCRIBED A NON-EXCLUSIVE EASEMENT FOR SERVING THE SUBDIVISION PROPERTYt STA TE OF ) STA TE OF ILLINOIS) AND OTHER PROPERTY WITH ELECTRIC AND COMMUNICATION SERVICE ss )Ss IS HEREBY RESERVED FOR AND GRANTED TO THAT PART OF THE NORTH HALF OF SEC77ON 4, TOWNSHIP 37 NORTH, RANGE COUNTY OF ) COUNTY OF KENDALL) COMMONWEALTH EDISON COMPANY, AMERITECH ILLINOIS a.k.a. ILLINOIS BELL TELEPHONE COMPANY, 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: GRANTEES, COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF THIS IS TO CER77FY THAT CENTEX HOMES, A NEVADA CORPORATION, IS THE FEE SIMPLE OWNER OF THE i, _ COUNTY CLERK OF KENDALL COUNTY, ILLINOIS, DO HEREBY SAID SEC77ON 4; THENCE NORTH 00 DEGREES 09 M/NUIE'S 15 SECONDS WEST, PROPERTY DESCRIBED IN THE FOREGOING SURVEYOR 'S CERRFICA T E AND HAS CAUSED 774E SAME TO BE CERTIFY THAT THERE ARE NO DELINQUENT GENERAL TAXES, NO UNPAID CURRENT TAXES, B THEIR RESPECTIVE LICENSEES, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY TO CONSTRUCT, ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 11. 11 FEET FOR THE SURVEYED, SUBDIVIDED, AND PLATTED AS SHOW!l HEREON FOR THE USES AND PURPOSES HEREIN SET FOR7H UNPAID FHA T 7FD TAXES, AND NO REDEEMABLE TAX SALES AGAINST ANY OF THE LAND INCLUDED OPERATE , REPAIR, MAINTAIN , MODIFY, RECONSTRUCT, REPLACE, SUPPLEMENT, RELOCATE AND REMOVE, POINT OF BEGINNING; THENCE NORTH 88 DEGREES 47 MINUTES 59 SECONDS AS ALLOWED AND PROVIDED FOR BY STATUTE.UTF, AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME FROM TIME TO TIME, POLES, GUYS, ANCHORS, WIRES, CABLES, CONDUITS, MANHOLES, TRANSFORMERS, WEST, 190. 77 FEET; THENCE NORTH 01 DEGREES 12 MINUTES 01 SECONDS UNDER THE STYLE AND 777LE THEREON INDICATED. IN THE PLA T HEREIN DRAWN. I FURTHER CER77FY THAT I HA VE RECEIVED ALL STA TUTORY FEES IN PEDESTALS, EQUIPMENT CABINETS OR OTHER FACILITIES USED IN CONNECTION WITH UNDERGROUND THENCE NORTH O9 DEGREES 52 MINUTES 46 SECONDS EAST, 25, 89 FEET,' CONNEC77ON W1 TH THE PLA T HEREIN DRAWN. TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATIONS, SOUNDS AND SIGNALS IN, OVER, UNDER ACROSS ALONG AND UPON THE SURFACE OF THE PROPERTY SHOWN WITHIN THE DASHED OR WEST, 5. 00 FEET; THENCE NORTH 20 DEGREES 45 MINUTES 06 SECONDS THE UNDERSIGNED HEREBY DEDICATES FOR PUBLIC USE THE LANDS SHOWN ON 7741S PLAT FOR' GIVEN UNDER MY HAND AND SEAL OF 774E COUNTY CLERK A T YORKVILLE, DOTTED LINES (or similar designation) ON THE PLAT AND MARKED "EASEMENT", "UTILITY EASEMENT", "PUBLIC WEST, 15. 91 FEET; THENCE NORTH 01 DEGREES 12 MINUTES 01 SECONDS THOROUGHFARES, STREETS, ALLEYS AND PUBLIC SERVICES; AND HEREBY ALSO RESERVES FOR ANY ELECTRIC, UTILITY EASEMENT", "P.U .E." (or similar designation), THE PROPERTY DESIGNATED IN THE DECLARATION OF EAST, 119. 00 FEET,• THENCE NORTH 12 DEGREES 28 MINUTES 05 SECONDS GAS, TELEPHONE, CABLE TV OR 0774ER lELECOMMUN/CATIONS COMPANY UNDER FRANCHISE AGY?EEMENT IM17.1 ILLINOIS, TH/S __ ___-__DAY OF _-__ __ _____-_ _ � 20__ _ _. CONDOMINIUM AND/OR ON THIS PLAT AS "COMMON ELEMENTS" AND THE PROPERTY DESIGNATED ON THE WEST 20. 28 FEET, 774ENCE NORTH 84 DEGREES 13 MINUTES 39 SECONDS THE UN17ED CITY OF YORKVILLE, THEIR SUCCESSORS AND ASSIGNS, THE EASEMENT PROWSIONS WHICH ARE PLAT AS "COMMON AREA OR AREAS", AND THE PROPERTY DESIGNATED ON THE PLAT FOR STREETS AND WEST, 5. 05 FEET; THENCE NORTH 45 DEGREES 15 MINUTES 13 SECONDS STATED HEREON. ALLEYS, WHETHER PUBLIC OR PRIVATE, TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE WEST 4. 13 FEE Too THENCE NORTH 00 DEGREES 47 MINUTES 14 SECONDS CONNECTIONS UNDER THE SURFACE OF EACH LOT AND COMMON AREA OR AREAS TO SERVE EAST, 5. 00 FEET; THENCE NORTH 25 DEGREES 26 MINUTES 26 SECONDS THE UNDERSIGNED FURTHER CERTIFY THAT ALL OF THE LAND INCLUDED IN THIS PLAT LIES W1 THIN 774E IMPROVEMENTS THEREON , OR ON ADJACENT LOT'S, AND COMMON AREA OR AREAS, THE RIGHT TO CUT, TRIM WEST, 22. 38 FEET,• THENCE NORTH 07 DEGREES 32 MINUTES 50 SECONDS BOUNDARIES OF YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115. OR REMOVE TREES, BUSHES, ROOTS, SAPLINGS AND TO CLEAR OBSTRUCTIONS FROM THE SURFACE AND SUBSURFACE AS MAY BE REASONABLY REQUIRED INCIDENT TO THE RIGHTS HEREIN GIVEN, AND THE RIGHT WEST 63. 15 FEET THENCE NORTH 01 DEGREES 12 MINUTES 01 SECONDS COUNTY CLERK TO ENTER UPON THE SUBDIVIDED PROPERTY FOR ALL SUCH PURPOSES. PRIVATE OBSTRUCTIONS SHALL EAST, 325. 56 FEET TO THE SOUTHERL Y LINE OF BRISTOL BAY P. U. D. UNIT 1, DA TED A T _ _, __-__ M, THIS DA Y OF � 20_. NOT BE PLACED OVER GRANTEES' FACILITIES OR IN , UPON OR OVER THE PROPERTY WITHIN THE DASHED OR PER DOCUMENT N0, 05- 39532; THENCE SOUTH 88 DEGREES 47 MINUTES 59 RECORDERS (MR179CA DOTTED LINES (or similar designation) ON THE PLAT AND MARKED "EASEMENT", "UTILITY EASEMENT", "PUBLIC SECONDS EAST, ALONG SAID SOUTHERLY LINE, 84. 70 FEET TO A BEND IN SAID UTILITY EASEMENT", "P.U .E' (or similar designation), WITHOUT THE PRIOR WRITTEN CONSENT OF THE LINE; 774ENCE NOR774 01 DEGREES 12 MINUTES 01 SECONDS EAST, ALONG CENTEX HOMES GRANTEES, AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRADE OF THE SUBDIVIDED PROPERTY SAID LINE, 74. 73 FEET TO A BEND IN SAID LINE; THENCE SOUTH 88 DEGREES A NEVADA CORPORA 77ON SHALL NOT BE ALTERED IN A MANNER SO AS TO INTERFERE WITH THE PROPER OPERATION AND 47 MINUTES 59 SECONDS EAST, ALONG SAID LINE, 233. 67 FEET TO A BEND IN 2205 POINT BOULEVARD MAINTENANCE THEREOF. SAID LINE; THENCE SOUTH 01 DEGREES 12 MINUTES 01 SECONDS WEST, SUITE 200 STA TF OF ILLINOIS) THE TERM "COMMON ELEMENTS" SHALL HAVE THE MEANING SET FORTH FOR SUCH TERM IN THE " ALONG SAID LINE, 94. 97 FEET TO A BEND IN SAID LINE; THENCE SOUTH 88 ELGIN, ILLINOIS 60123 )ss CONDOMINIUM PROPERTYAC7", CHAPTER 765 ILCS 606/2, AS AMENDED FROM TIME TO TIME. DEGREES 47 MINUTES 59 SECONDS EAST ALONG SAID LINE, 201. 36 FEET TO COUNTY OF KENDALL) THE WESTERL Y RIGHT OF WA Y LINE OF ROSENWINKEL STREET,• THENCE THE TERM "COMMON AREA OR AREAS" IS DEFINED AS A LOT, PARCEL OR AREA OF THE REAL PROPERTY, THE SOU7HEASTFRLY ALONG SAID WESTERLY RIGHT OF WAY LINE, ALONG A CURVE BY.• ___-_ THIS INSTRUMENT NO. __� _ �___ _-__-_� WAS FILED FOR RECORD BENEFICIAL USE AND ENJOYMENT OF WHICH IS RESERVED W WHOLE OR AS AN APPORTIONMENT TO THE TO THE LEFT W1 TH A RADIUS OF 1190. 00 FEET AND A CHORD BEARING OF _---- SEPARATELY OWNED LOTS, PARCELS OR AREAS WITHIN THE PLANNED DEVELOPMENT, EVEN THOUGH SUCH SOUTH 10 DEGREES 21 M/NUTFS 43 SECONDS EAST, AN ARC LENGTH OF MAY BE OTHERWISE DESIGNATED ON THE PLAT BY TERMS SUCH AS "OUTLOTS", "COMMON ELEMENTS", IN THE RECORDER 'S OFFICE OF KENDALL COUNTY, ILLINOIS, ON THIS _-_- °OPEN SPACE", "OPEN AREA", "COMMON GROUND", "PARKING", AND "COMMON AREA". THE TERMS "COMMON 475. 78 FEET,• THENCE SOUTH 21 DEGREES 48 MINUTES 57 SECONDS EAST, l TS --__�-_- _�-N ___-__ AREA OR AREAS" AND "COMMON ELEMENTS" INCLUDE REAL PROPERTY SURFACED WITH INTERIOR ALONG SAID WESTERLY RIGHT OF WAY LINE, 127. 36 FEET; THENCE NORTH 88 DAY OF -__ _ __� ----_-_, 20_ AT _._ _- __ O 'CLOCK _.. M. DRIVEWAYS AND WALKWAYS, BUT EXCLUDES REAL PROPERTY PHYSICALLY OCCUPIED BY A BUILDING, DEGREES 47 MINUTES 59 SECONDS WEST, 434. 08 FEET TO THE POINT OF A ��.AQ�, C�T. ,� - SERVICE BUSINESS DISTRICT OR STRUCTURES SUCH AS A POOL, RETENTION POND OR MECHANICAL BEGINNING, iN THE UN17ED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS EQUIPMENT, STA TE OF -_ ---_ ) RELOCATION OF FACILITIES WILL BE DONE BY GRANTEES AT COST OF THE GRANTORILOT OWNER, UPON I FURTHER CER77FY THAT THE PLAT HEREON DRAWN /S A CORRECT AND _ _ _ ____-__ _-____ _ __� _-__-__ _ __� ____ WRITTEN REQUEST. ACCURATE REPRESENTA T70N OF SAID SURVEY AND SUBDIVISION. ALL COUNTY OF ) ss KENDALL COUNTY RECORDER DISTANCES ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF. I FURTHER CERTIFY 1HA T NO PART OF THE ABOVE DESCRIBED PROPERTY IS PUBLIC UTILITY AND DRAINAGE EASEMENT I, A NOTARY PUBLIC /N AND FOR THE COUNTY LOCATED WI THIN A SPECIAL FLOOD HAZARD AREA AS IDEN77FIED BY 7HE � PLAN CO MS V (WTVIiC:ATE A NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO SBC AMERITECH, NICOR, FEDERAL EMERGENCY MANAGEMENT AGENCY BASED ON FIRM 170341 - 0010C, AND STATE AFORESAID, DO HEREBY CER77FY THAT COM ED, JONES INTERCABLE, OTHER PUBLIC UTILITIES, AND HOLDERS OF EXISTING FRANCHISES DATED, JULY 19, 1982. ALL OF THE PROPERTY IS LOCA TED IN ZONE C. - - 31-A TE OF ILLINOIS) GRANTED BY THE CITY OF YORKVILLE, ILLINOIS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS AREAS OF MINIMAL FLOODING, AND PERSONALLY KNOWN TO ME TO BE THE )ss WITHIN THE AREAS SHOWN ON THE PLAT AS "PUBLIC UTILITY & DRAINAGE EASEMENT" (abbreviated P.U. & I FURTHER CER77FY THAT 1 HAVE SET ALL EXTERIOR SUBDIVISION MONUMEM 4jv, 1 - BOUNTY OF KENDALL) D.E.) TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE, INSPECT, MAINTAIN AND AND ________-_ OF AS SHOWN ABOVE, APPEARED OPERATE UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS AND LINES UNDER THE AND DESCRIBED THEM ON 7HIS FiNAL PLAT, AND THAT ALL INTERIOR BEFORE ME THIS DA Y AND ACKNOWZEDGED THA T AS SUCH OFFICERS, THEY SIGNED AND DELI KFRED THE SURFACE OF THE "PUBLIC UTILITY & DRAINAGE EASEMENT", INCLUDING WITHOUT LIMITATION TO MONUMENTS SHALL BE SET AS REQUIRED BY STATUTE (ILLINOIS REVISED SAID INS7RUMENT AND CAUSED 774E CORPORA 7E SEAL TO BE AFFIXED THERETO AS THEIR FREE AND ��'PR01 �D AND ACCEPTED BY THE PLAN COMMISSION OF THE TELEPHONE CABLE, GAS MAINS, ELECTRIC LINES, CABLE TELEVISION LINES, AND ALL NECESSARY STA 77) TES 1989, CHAPTER 109 SECTION 1). VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAID CORPORATION, FOR THE USES AND ✓rvI TED CITY OF YORKIALLE, ILLINOIS, THIS .....DAY OF_-___..____-, 20- . FACILITIES APPURTENANT THERETO, TOGETHER WITH THE RIGHT OF ACCESS THERETO FOR THE PURPOSES THEREIN SET FORTH. PERSONNEL AND EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES AND I FURTHER CER77FY THAT THE PROPERTY SHOWN ON 7HE PLAT HEREON TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF DRA AN IS S( TUA TED W1 THIN THE CORPORA TF LiMI IS OF 774E UNI TED C! TY OF GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF _- _ _ _� . 20 EACH LOT TO SERVE IMPROVEMENTS THEREON, YORKVILLE, ILLINOIS, WHICH IS EXERCISING 774E SPECIAL POWERS AUTHORIZED ______-_-_______-__�_ `___-�_____-_ BY DI MS/ON 12 OF ARTICLE 11 OF THE ILLINOIS MUNICIPAL CODE AS ----- ANON-EXCLUSIVE EASEMENT IS ALSO HEREBY RESERVED FOR AND GRANTED TO THE UNITED CITY OF AMENDED. CHAIRMAN YORKVILLE, ILLINOIS TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE AND INSPECT FACILITIES FOR THE TRANSMISSION AND DISTRIBUTION OF WATER, STORM SEWERS, SANITARY SEWERS AND ELECTRICITY, WITHIN THE AREAS SHOWN ON THE PLAT AS "PUBLIC UTILITY & GIVEN UNDER MY HAND AND SEAL A T _---_-__-_ _, ILLINOIS, ---------_�- -_-_--- C.�Tr g7�gAT ? `S CW? 7"I DRAINAGE EASEMENT", TOGETHER WITH A RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND THIS -_„._,__-__DAY OF _ � 20_ _ ___. NOTARY PUBLIC -i�� EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES, STA TE OF ILLINOIS) THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER UPON EASEMENTS HEREIN DESCRIBED FOR THE USES HEREIN SET FORTH AND THE RIGHT TO CUT, TRIM, OR REMOVE ANY TREES, ILLINOIS PROFESSIONAL LAND SURVEYOR, NO. 035- 003359 � � •sue COUNTY OF KENDALL) ss SHRUBS OR OTHER PLANTS WITHIN THE AREAS DESIGNATED AS "PUBLIC UTILITY AND DRAINAGE License Expires 1113012006. EASEMENT" WHICH INTERFERE WITH THE CONSTRUCTION, INSTALLATION, RECONSTRUCTION, REPAIR, REMOVAL, REPLACEMENT, MAINTENANCE AND OPERATION OF THEIR UNDERGROUND TRANSMISSION STA TE OF ILLINOIS) APPROVED AND ACCEPTED BY THE CITY ADM/NIST TA TOR OF 7HE AND DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO, NO PERMANENT BUILDINGS, ) S. S STRUCTURES, OR OBSTRUCTIONS SHALL BE CONSTRUCTED IN, UPON, OR OVER ANY AREAS COUNTY OF KENDALL) UN17ED CITY OF YORKVILLE, ILLINOIS, THIS ...-__DA Y OF___..._�-_-, 2p_. DESIGNATED AS "PUBLIC UTILITY & DRAINAGE EASEMENT", BUT SUCH AREAS MAY BE USED FOR GARDENS, SHRUBS, TREES, LANDSCAPING, DRIVEWAYS, AND OTHER RELATED PURPOSES THAT DO NOT UNREASONABLY INTERFERE WITH THE USES HEREIN DESCRIBED, I, JOE WYWRO T. CI TY ENGINEER FOR THE UNI TED Cl TY OF YORKWLLE, DO HEREB Y CER 77FY THA T THE REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR THE REQUIRED GUARANTEE COLLATERAL HAS �__ r__ ___-_ _-_ �_ �_ THE OCCUPATION AND USE OF THE NON-EXCLUSIVE EASEMENT HEREIN GRANTED AND RESERVED FOR CITY ADM/NISTRA TOR THE ABOVE NAMED ENTITIES BY EACH OF SUCH ENTITIES SHALL BE DONE iN SUCH A MANNER SO AS NO77CE.• BEEN POSTED FOR THE COMPLE77ON OF ALL REQUIRED IMPROVEMENTS. NOT TO INTERFERE WITH OR PRECLUDE THE OCCUPATION AND USE THEREOF BY OTHER ENTITIES FOR Kendall County has a long, rich tradition in agriculture and respects the role WHICH SUCH EASEMENTS ARE GRANTED AND RESERVED. THE CROSSING AND RECROSSING OF SAID that farming continues to play in shaping the economic viability of the DA TED AT YORKWLLE, ILLINOIS THIS -- DAY OF -__ , 2005. EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS NOT TO country. Property that supports this industry is indicated by a zoning indicator INTERFERE WITH, DAMAGE, OR DISTURB ANY TRANSMISSION AND DISTRIBUTION SYSTEMS AND - A - 1 or Ag Special Use, Anyone constructing a residence or facility near this FACILITIES APPURTENANT THERETO EXISTING WITHIN THE EASEMENTS BEING CROSSED OR zoning should be aware that normal agricultural practices may result in RECROSSED. NO USE OR OCCUPATION OF SAID EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL occasional smells, dust, sights, noise and unique hours of operations that gm _-- !-- CITY ENGINEER - -�-i CAUSE ANY CHANGE IN GRADE OR IMPAIR OR CHANGE THE SURFACE DRAINAGE PATTERNS. not y2ical in other ,�gDjQg areas tT Y CC71C.rhK'ILT 'ATE FOLLOWING ANY WORK TO BE PERFORMED BY THE UNITED CITY OF YORKViLLE IN THE EXERCISE OF ITS EASEMENT RIGHTS HEREIN GRANTED, SAID CITY SHALL HAVE NO OBLIGATION WITH RESPECT TO r� � a /�y"��y�+ SURFACE RESTORATION, INCLUDING BUT NOT LIMITED TO, THE RESTORATION, REPAIR OR SPAE085 . 5MVICE AA MA O D SLA J�[ STA TE OF ILLINOIS) REPLACEMENT OF PAVEMENT, CURB, GUTTERS, TREES, LAWN OR SHRUBBERY, PROVIDED, HOWEVER, ALL LOTS W1774JN THIS SUBDIVISION ARE INCLUDED W1 THJN 774E UNITED CITY OF )ss THAT SAiD CITY SHALL BE OBLIGATED, FOLLOWING SUCH MAINTENANCE WORK, TO BACKFILL AND YORKVILLE SPECIAL SERVICE NUMBER 2004-__-_ AND ARE SUBJECT TO AN COUNTY OF KENDALL) MOUND ALL TRENCH CREATED SO AS TO RETAIN SUITABLE DRAINAGE, TO COLD PATCH ANY ASPHALT OR CONCRETE SURFACE, TO REMOVE ALL EXCESS DEBRIS AND SPOIL, AND TO LEAVE THE ANNUAL TAX LEVY IN ACCORDANCE WITH THE PROVISIONS OF CITY ORDINANCE MAINTENANCE AREA IN A GENERALLY CLEAN AND WORKMANLIKE CONDITION. NO. 2004-_ "AN ORDINANCE ESTABLISHING UN17ED CITY OF YORKWLLE APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE SPECIAL SERVICE AREA NO. 2004-_____ " ADOPTED BY 774E CITY COUNCIL ON 200 AND FILED FOR RECORD IN THE RECORDER 'S OFFICE OF UNITED CITY OF YORKVILLE, ILLINOIS, THIS _-_-_DAY OF-_ _� 20___ . KENDALL COUNTY ON 200_ AS DOCUMENT NUMBER MA YOR " Y GLBRIC 'S GUMMATE NOS; . STA TF OF ILLINOIS) FINAL PLAT OF SUBDIVISION * No distance should be assumed by scaling . )ss * No underground improvements have been located unless shown COUNTY OF KENDALL) BRISTOL BAY P.U.D. and noted. * No representation as to ownership, use, or possession should be APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE UNIT 9 hereon implied. YCQKVILLEP ILLINOIS * This Survey and Plat of Survey are void without original embossed UN17ED CITY OF YORKWLLE, ILLINOIS, BY ORDINANCE No. -___._.__� or red colored seal and signature affixed . ------ * This professional service conforms to the current Illinois minimum standards for a boundary survey and was performed for: AT A MEE77NG HELD THIS ...DAY OF _-, 2Q.& CENIFX HOMES REVISIONS DWN BY: INT: DATE: PROJECT NO, 1. CLD 1 7119106 JGS 06109106 CE7X- 060305- 4 Compare your description and site markings with this plat and 2. XS 8112106 DSN BY: INT: HORIZ SCALE, SHEET NO. AT ONCE report any discrepancies which you may find. _ -------__._.__-- -_--- 3. N/A NONE CITY CLERK 4• CHK BY: INT: VERT SCALE: 2 OF 2 5. CLD NIA SMITH ENGINEERING CONSULTANTS ,' INC .FINAL PLAT OF SUBDIVISION CIVM/STRUCURAL ENGINEERS AN SURVEYORS 759 JOHN STREET YORKVILLE, ILLINOIS 60580 STOL BAY PH: 830-553-7560 FAX: 830-553-7648 P . U , D . www.amithengineering.eom E-NAIL: aecO mithengineering.com w 1toHENRY w HUNTLEY wYORKVILLE UNIT 1 � ILLINOIS PROFESSIQNAL DESIGN FIRM # 184-000108 FOUND 314" IRON PIPE COMP. FILE: 060305FP Phase 2. dwg 0, 31 ' E & 0-08' S OF CORNER PLOT FILE: STANDARD A SUBDIVISION OF PART OF THE S 112 OF SEC 4 - J7- 7* WE* UNIT 10-01 AND PART OF THE NE 1174 OF SECTION 9 - J7- 7, -'` IN THE UNITED CITY OF YORKVILLE, BRISTOL TWP. , KENDALL CO. , ILLINOIS ►- 4 �^ SITE LOCATION lVlAP' 4 14 PROJL OF Ja I • �1J�EA us , oryctld E * � ctiQna,r 8ar> i r dt Cl�il'ul�7s� 8f. 87SG4G qr�,,/ wit BRISTOL BAY P . U . D . f " �•� �� R � ��'�` UNIT AREA s r� 1752 11703 S . F. 1855 1 , 033 S. F. z ) UNIT ( f, rYrt�o/d T. qZ 1�f 1753 1 , 033 S . F. 1856 1 , 429 S. F. 0 No. 1x.3. r�8 1754 1 , 429 S . F. 1857 11308 S. F. °� � ' `' ' Kus,Sell ph� 7r° 1755 1 , 033 S . F. 1858 1 , 703 S. F. DOC • NO • -- - - - - - - � Rich 1756 1 , 429 S . F. 1859 1 ; 033 S. F. I j0 r on � �� K? � I - 1757 1 , 30$ S. F. 1 $60 1 , 429 S. F. � � /GO Dickson .s , Morin ago ,t, 80 1758 11703 S . F. 1861 11033 S. F. +dw 1759 11033 S. F. 1 $62 11429 S. F. 11 . 11 ' N0040915•'W P. O,B. UNIT 70 N,cu�lcv7aJ Bank � "' t �"! : 1760 1 , 429 S . F. 18631 308 S. F. � s •. ,cs z Trust No. Mu,rS A47 4 ekNOIQK: 1761 1 , 308 S. F. 1864 1 , 703 S. F. FOUND IRON PIPE 119907 02 PER DOC. NO. 83-316 I 4. 83 1762 1 , 703 S . F. 1865 11033 S. F. 4. 83" 10. 00' N0172'01 "E s " Q•/tcC�C i l, i�► �'S ��~ �i' 1763 1 , 033 S. F. 1866 1 , 429 S. F. I " r V017101 E 20. 00 1000 " .Jrc�ixscar� r 9, x 1764 11429 S . F. 1867 1 , 308 S. F. rOUND CONCRETE MONUMENT 588'47'59"E LOT 1729 l t,� ,t3lo_Qz lc�s/ • • ras, a7 20. 00 AT CORNER 224 .40 LOT 1728 t0, 588 A'" ants! �1oG� taneX ro 1765 1 , 308 S . F. 1868 1 , 703 S. F. ' 5, 869 S. F. 047059 "E ' rtr 1766 1 , 703 S . F. 1869 1 , 033 S. F. $8047'59" E 5, 661 S,F, � -� 434w08' S88047'59" E /!�"�Q�� A » 1767 1 , 033 S . F. 1870 1 , 429 S. F. 1768 1 , 429 S. F. 1871 1 , 033 S. F. N '.Z 0 75 ' ' /C4 Btr • /�4 3 LL SL1ClI7r �rrvt Jt St G. f- 3T- .� - - 0' 03 f 1 h �: : �Q frig 1769 1 308 S . F. 1872 11429 S. F. tij w SBB'47'59 " g 7 at? A "� St • • -- -------- W w w : Tru No. Tr Sf C �n 3 .3T Q2 _ - mar1C '! �� W 1770 11703 S. F. 1 $73 1 , 308 S. F. 5 2649 .78 N89 05 02 E - - LU 588 47 59 W .� :� 1840 �' S0 Q . . - 87�z 1771 1 , 033 S . F. 1874 1 , 703 S. F. _ c" --- _ 1839 o . o 'f3 '47'59' + . yli °"y � 7 1772 1 , 429 S. F. 1 $75 1 , 033 S. F. 8 NORTH LINE OF SEC. 9- 37- 7 '�" c5 N r � 1841 r N 1846 0 � e x z • ' L= 17 .28 R=30 . 00 o N ' 1838 r s °° s o a ~ °`tea Q� ' N' 'rst r � 1773 1 , 308 S . F. 1876 1 , 429 S. F. 'Qa Q • 0 + " N �-i " �- Z `' y Rx 2 18455 h t 5 ?3 1774 1 , 703 S . F. 1877 1 , 308 S. F. C H = 17 . 04 C B = S66 0142E a N 1842 • s d • �n r~ N National Bank, Kam' e .- .., 1775 1 , 033 S. F. 1 $78 1 , 703 S. F. + �- 1837 ! ,n ^ ° . B.SL n "� _ 4AStNo. 1776 10 429 S . F. 1879 1 , 033 S. F. 26 . 00 O °� o °' °' 1843 vs 1844 ' °' ° L- i sz 7 Ct�1 �; ' 1777 1 , 308 S . F. 1880 11429 S. F. I N40 °2816 E Z 1836 , ', ;, Z I �.sh l�s. a "� . . : : K9• FOUND IRON PIPE 56:50 5 NOT TO SCALE 1778 11703 S . F. 18811 033 S. F. L=41 . 17 R= 30 . 00 m N88'47' 56. 50 56 0 69AOOII T 1779 11033 S. F. 1882 11429 S. F. PER DOC. NO. 83-316 N 1780 11429 S . F. 1883 1130$ S. F. CH=38 , 01 CB= N10013'01 "W K} �: ` 23. 50' 150. 91 24. 86 1781 1 033 S . F. 1884 1 703 S. F. L= 18 . 37 R= 188 .00 co S8844 59 "E N88047059"W "S88'47'S9 'E L=23. 89 156977 S88 4 59 E 17$21 , 429 S . F. 1 $851 , 033 S. F. 0 ' " G29 0 X30 113. 88 ' 43. 11 ' CURVETABL� PLAT PREPARED FOR : CH = 18 . 36 CB= N26 1745E �N c2 1.1 . 13 LOT 1742 14, 951 SF to CURVE LENGTH RADIUS CHORD CHORD BEARING CENTEX HC! 1KE5i 1783 1 , 308 S . F. 1886 11429 S. F. � , r w +7 17841 , 703 S . F. 1 $$71130$ S. F. L =7 , 70 R=& 00 ,, �'. ` C L= 101. 63 Cl 39, 36 30,00 36.60 N74 .O1 'S5'w 2 ,'Z► 05 POINT BOUL EVARD SUITE 200 1785 1 , 033 S . F. 1888 1 , 703 S. F. 10 °� ;4-S ,29 8'28' 26`29 &29 3Q i5"-- r " 0 C2 39,36 30,00 36,60 S01.081170W # 17$6 11429 S. F. 1889 11033 S. F. CH =6 . 96 C•iB= N67 ° 36'36" E LOT 1727 �'� ,� ti co3 C3 110, 69 163,00 108,58 S55'S4'04 'E E L. t'� I N y ILLINOIS 60 '1 23 8, 313 SF Z1 ,o r- t- 0 0 0 0 0 C4 93,03 137,00 91,26 S55.54104 'E 1787 1 , 033 S . F. 1890 19 429 S. F. �+ 2 ui N O� 0 0 of rn Co ' 1788 11429 S. F. 1891 1 , 308 S. F. 1 •55 . 47' Si68° 16'35" E s ^ `' r' '+' o C5 117 ,30 138,00 113,80 N14.22118 `E PROJECT CONTACT , 17$9 1 , 308 S . F. 1892 1 , 703 S. F. � r"` A ...._.._. m.... �. ... _ t C6 72,35 98,00 70,50 N18.59141"E 1790 1 703 S. F. 1893 1 033 S. F. _...._. k._..• o " , L=39 . 89 R=20$ . 00 h °r• 140. 46 ' N88'4759 W C7 8A9 5,00 7,23 NO2 08 15 W JOE MARX F 13, 49 C8 8,09 5A0 7423 N40.07138`E PHQNE ; (847 ) 'x' $ 3 .6340 1791 11033 S . F. 1894 11429 S. F. �••. o y " " 70, 43 1792 1 , 429 S . F. 1895 1 , 308 S. F. CH =39 , $3 1.iB= N16 1346E h v 25. 26 N007051 E 268. 46 ' S89�0'1f E m C9 46,55 138,00 46,33 N78'02`48`E 15302' 11545 CIO 85,05 112,00 8302 N65.571210E '" Axe �'8 '�" � � � 8' r� � a� {� 1793 10 033 S. F. 1896 11 703 S. F. 0 , " " 1794 1 , 429 S . F. 1897 1 , 033 S. F. 15 , 22 N79 15 53"W m 23, 50 S00'1051 W"`;•1 2350 S007051 W w h . (� Cil 19410 15,00 174,3 S51.14129'w TOTAL GROSS ACRES = ! 4. 53 ac. ^• 1 46' 9049 009 " 5. 08 96. 8 4 1795 11308 S. F. 1898 1 , 429 S. F. � 3Lt.1S 98.29 .� C12 21 ,84 15,00 19 Q6 N26.55'49'w 17961 , 703 S . F. 18991 , 033 S. F. L= 7. 75 R=5 . 00 [j,l ' r RW 2 $ w P N � � R m C13 8,16 5.00 7, $ S37*04 '08'E 1797 1 , 033 S. F. 19001 , 429 S. F. CH = 7 . 00 CB= N34 ° 551 ' 17"W .rej ' �ce) r`" ono ."yet d• et 'pry ...� C14 70,47 67,00 67,27 5501116E A PUBLIC U77LlTY AND DRAINAGE EASEMENT, IN �"'1 oCi� Q� Cy c� C1s 13.25 - " 125,66 S34.51'06•E ACCORDANCE WITH THE EASEMENT PROVISIONS . '' �"' �' _ _ __ _ __ _.. �i6 $,16 5,00 7,28 s63'18123•E STATED HEREON, IS HEREBY GRANTED OVER ALL 1798 1 , 429 S . F. 1901 1 , 308 S. F. L=29 . ',355 R= 188 . 00 r �-- e�* ,e-• .�- r d' CD 1799 11033 S . F. 1902 1 , 703 S. F. o + +� �: M a; a. SL. ,. _. c17 23.52 87,00 23.45 so8.48'S2'E AREAS OF LOTS 1752- 1957 INCLUSIVE EXCEPTING 1800 1 , 429 S . F. 19M 1 , 033 S. F. CH 29 . 32 CB= N05 04 59 E a ..,... . .. _. ...... _ - Cl8 27 , 70 11200 2763 N08`09'22`W = 140. 46 N89.4909 W 96. 87 N894909 THEREFROM THAT PART OF SAID LOTS Q WHICH A 1801 1 , 308 S . F. 1904 11429 S. F. L=46 . 90 R 30 . 00 0 1802 1 703 S . F. 1905 1308 S. F. Z ct, z LOT 1747138, 4 S. o LOT 1748 6, 026 .F. (V C19 8109 5 600 7,23 N61.34151'W PRINCIPAL RESIDENTIAL BUILDING /S TO BE , o + ++ 87, 82' C20 62.01 92,00 60,85 N37.13'50'W CH =42 .27 CB- N45 23 45 E SAN•„r, CONSTRUCTED). 1803 1 , 033 S . F. 1906 11703 S. F. 221. 04 N89 '49 '09 W 105. 00 L = C21 213,76 138.00 193,02 N45.26`41 'W ' N00'10'51 OF 1 9. 6 m 1804 1 , 429 S. F. 1907 11033 S. F. 24 .97 LOT 2050 117, 593 S. F. 0 C22 8.09 5,00 7,23 N12.52' 48`W : w L= 79 59 1805 11308 S . F. 190$ 11429 S. F. N00° 10'51 " E STREET 3 o N 9490 ;� c23 s9"82 il2.flo 59.11 N74.31'fls'w AN ACCESS EASEMENT IS HEREBY RESERVED FOR 137. 63 1806 11703 S. F. 1909 1 , 033 S. F. ,) 8 . 79' t5o. s2 • C24 47,35 3800 42.59 S44.36115"E LOTS 1709 THROUGH 1751 FOR VEHICULAR AND 1807 1 , 033 S . F. 1910 1 , 429 S. F. ' LOT 1716 7, 985 S.F. 3 LOT 1715 11488 SF. 0 C25 111.30 162,00 109,13 S20.17136'W 46 94909 t4a46' 89`49'0 PEDESTRIAN INGRESS AND EGRESS UPON ANY AND 1808 1 , 429 S. F. 1911 1 , 308 S. F. N89049'09"W W f400 25 29 X29 O C26 8,06 5,00 7,22 S86.09' 45"W ALL PAVED SURFACES OF LOT 2050. 180913308 & F. 1912 1 , 703 S. F. = 29 25: 30: f�� u� +. . Z C27 47.04 142.00 46.83 S51.14 '2TW 1810 1 , 703 S . F. 1913 11033 S. F. • ' 0) �4) � ti Cp in to r C u� N 00 In rte►. � � •"� � =i C28 8,06 s,00 7,22 s16.19'lo•w AN EXISTING BLANKET UTILITY AND DRAINAGE 1811 1 , 033 S . F. 1914 1 , 429 S. F. y T r- Z C29 7175 188100 71,31 S62 46 49 W C? o p GFd � FZ � ' $ • r~-• '� C30 81,13 162.00 80.29 S76 51 11 W 181211 429 S . F. 19151 , 033 S. F. e- o $ N ; EASEMENT OVER ALL OF BRISTOL BAY P. U. D. UNIT 1813 1 , 308 S. F. 1916 1 , 429 S. F. µ. _ ..._ _ . .... .. `f - - ° ° � -~ - ~ I-' �' C31 18.98 15,00 17,74 N37.27125 "E 10 PER DOCUMENT ND AS RECORDED 1814 1 , 703 S . F. 1917 1 308 S. F. Z 140. 46 N$9'49 09 W t,, 140 46 N89'49 09 W Q6 C32 24,38 15Afl 21478 S45.21009'E -- --�. IS HEREBY VACATED WI THIN SAID 1815 1 , 033 S. F. 191 $ 1 , 703 S. F. 145, 63' 127. 15 ' � 0 C33 23,56 15400 21, 21 N46. 12'010E BRISTOL BAY P. U. D. UNIT 10. 1816 1 , 429 S. F. 1919 1 , 033 S. F. Z C34 20,64 15,00 19,05 S38.13 '090E T 1817 1 , 308 S . F. 1920 1 429 S. F. 289 . 45' N00'01041 'W C35 120,84 18700 118.75 N7fl'17'12'W 1818 1 , 703 S, F. 192111 S. F. 23. 94 ' 5890 `558' 19"W W C37 23456 MOO 21125 N83'13'34`E N 1819 1 , 033 S . F. 1922 1 , 429 S. F. N00101 '41 OW C38 23,56 15 , 00 21621 S06' 461268E 1820 1 , 429 S. F. 1923 1 , 308 S. F. 1821 11308 S , F. 1924 1 , 703 S. F. _ C39 8,06 5,00 7,22 515.04'26'E C40 19113 142,00 19,12 S55.38'00'E 1822 1 , 703 S. F. 1925 1 , 033 S. F. Z C41 7.85 5400 7,07 N83'13' 340E 1824 1 , 429 S . F. 1927 1 , 308 S . F. o C42 62454 188,00 62.2 S61.18113'E 0 C43 41"17 30,00 38 ,0 N31'31417 ' W 1825 1 , 033 S. F. 1928 11703 S. F. C'3 1826 1 , 429 S . F. 1929 1 , Q33 S . F. C44 41.17 30,00 38,0 S47.06109`W C45 142494 162,0= 118,35 S86' 32117 'E iF•F �•• -� 18271 1308 S. F. 1930 1 , 429 S. F. "1; ^" `O C46 59,82 188,00 59.57' N77.171580E 1828 1 , 703 S . F. 1931 11033 S . F. �h> �1 C47 58900 187,00 7,7 S01'05140'E 1829 1 , 033 S. F. 1932 11429 S. F. C48 66,06 213,00 65.80 SO1005140'E 1830 1 , 429 S . F. 1933 11308 S . F. T`� , 11 C49 7,36 112,00 7,36 N09.17`471W 1831 1 , 308 S. F. 1934 11703 S . F. 1832 11703 S. F. 1935 19 033 S. F. 1833 11033 S . F. 1936 10 429 S . F. I 1834 1 , 429 S . F. 1937 1 , 033 S. F. 1. ANNOTATION ABBREWA 7701VS - 1835 11308 S . F. 1938 13 429 S . F. 1836 11703 S . F. 1939 1 , 308 S. F. , ,. B. S L. = BUILDING SETBACK LINE GRAPHIC SCALE 1837 1 , 033 S . F. 1940 1 , 703 S . F. '-' POB = POINT OF aBEGINNING 1838 1 , 429 S . F. 1941 1 , 033 S. F. POC = POINT OF COMMENCEMENT so o �o 60 120 2•w P. U. & 0. E. = PUBLIC U77LI TY AND DRAINAGE EASEMENT 18391 1 308 S. F. 1942 1 , 429 S . F. S. M. E. = STORMW�ATER MANAGEMENT EASEMENT 1840 1 , 703 S . F. 1943 1 , 308 S. F. 1841 1 , 033 S. F. 1944 1 , 703 S. F. T. A. E. = TEMPORAIRY ACCESS EASEMENT 1842 11429 S . F. 1945 10033 S . F. L. E. = LANDSCAPE EASEMENT ( W FEET ) 1843 1 , 308 S . F. 1946 1 , 429 S. F. - H. O, A, = HOMEOWINER 'S ASSOCIATION 1 inch = 60 ft 1844 11703 S . F. 1947 10308 S . F. 2. THIS PROPERTY IS WITWWIN THE CORPORATE' LIMITS OF THE UNITED CITY OF YORKVILLE. 1845 11033 S . F. 1948 11703 S. F. CENTERLINE 1846 11429 S , F. 1949 11033 S . F. w 3. 518 " STEEL RODS SET 0 ALL EXTERIOR CORNERS UNLESS OTHERWISE NOTED. 518 " 1847 11308 S . F. 1950 1 , 429 S. F. BOUNDARY LINE STEEL RODS KILL BE ;SET AT ALL INTERIOR CORNERS WITHIN 12 MONTHS OF RECORDATION. FINAL PLAT OF SUBDIVISION 184$ 11703 S . F. 1951 11308 S. F. 4 DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS 07HERWISE N07ED, 1849 1 , 033 S . F. 1952 1 , 703 S . F. RIGHT OF WAY LINE BRISTOL BAY P.U.D, 185{} 11429 S. F. 1953 11033 S. F. 1851 1 , 308 S . F. 1954 1 , 429 S . F. ( 5. NO DIMENSIONS SHALL'. BE ASSUMED BY SCALING. UNIT 10 1852 1 , 703 S. F. 1955 1 , 033 S. F. LOT LINE 6, ALL AREAS SHOWN HEREON ARE MORE OR LESS TO THE NEAREST SQUARE FOOT: YORKVILLE, ILLINOIS 1853 11033 S . F. 1956 1 , 429 S . F. 1854 1 , 429 S. F. 1957 1 , 30$ S. F. BUILDING SETBACK LINE 7" EXISTING ZONING IS R'-J P U. D. (UNITED CITY OF YORKWLLE) 8. OPEN SPACE TO BE OIWIVED AND MAINTAINED BY HOMEOWNERS ASSOCIA RON. - - - - - - EASEMENT LINE REVISIONS DWN BY: INT: GATE: PROJECT N0. 9. BEARINGS ARE BASED ON LOCAL COORDINATE SYSTEM. t, �S 8112108 JGS 08109106 CETX- 060305- 4 - - - - EXISTING PROPERTY LINE 10. SEE COVENANTS" ANDI RESTRICTIONS FOR EASEMENT PROVISIONS NOT SHOWN HEREON. 2" DSN BY: INT: HORIZ SCALE: SHEET NO. EXISTING RIGHT OF WAY LINE 119 ACCESS EASEMENT 01VER LOT 2050 IS HEREBY GRANTED. 3 N/A 1 "=60 ' j 12. PUBLIC UTILITY AND IDRAINAGE EASEMENT OVER LOTS 1709-- 1751 AND LOT 2050 IS HEREBY GRANTED. A CHK BY: INT: VERT SCALE: 1 OF 3 5. CLD N/A FINAL PLAT OF SUBDIVISION SMITH ENGINEERING CONSULTANTS , INC . CIVM/S`I`RUCTURAL ENGINEERS AND SURVEYORS 759 JOHN STREET � A p� YORKV1I Z, 1UJN0IS 60580 4�I �IIT At MA TABi..E PH: 880-353-7580 FAX 830-553-7848 www.smithengineering.com E-MAIL sec*wWthenginee".com 752 1 , 703 S. F. 1855 1 ,033 S. F. w MoBENRY w HUNTLEY MYORKVILLE 1753 1 , 033 S. F. 1856 1 ,429 S. F. 1754 1 , 429 S. F. 1857 1 ,308 S . F. ILLINOIS PROFESSIONAL DESIGN FIRM 184-000108 17651 , 033S. F. 1858 1 ,703 S.F. COMP, FILE: 060305FP Phase 2. dwg 17561 , 429 S. F . 1859 1 ,033 S . F . PLOT FILE.• STANDARD 1757 11308 S. F. 1860 11429 S . F. A SUBDIVISION OF PART OF THE S 112 OF SEC 4 - 37- 7, VIEW.• UNIT 10- 02 17581 , 703 S. F 1861 1 ,433s.F. BRISTOL BAY P . U . D . AND PART OF THE NE 114 OF .SECTION 9 - 37- 7 1759 1 033 S. F. 186211429 S , F. , 176013429S. F. 18631 ,3085 . F. UNIT 9 IN THE UNITED CITY OF YORK11lLLE, BRISTOL TWP. , KENDALL CO. , ILLINOIS BRISTOL LOCATION MAP 17611 , 308S. R 18641 /703 S . F . PLAT PREPARED FOR . 1762 1 , 703 S. F. 1865 1 ,033 S . F. ( '� ( • 1 (�'` N O C E N T EX HOMES f��0..�=GT 17631 , 033 S. F. 18661 ,429 S . F. D ��..// ��. , O • ,,, - - 17641 , 429s. F. 1867 11308 S . F . 10. 00' ( SOUTH LINE OF POINT BOULEVARD , '.SUITE 200 , ,�� 3fl �„;, did AREA 1765 1 , 308 S. F. 1868 1 ,703 S . F . 20. QQ' SEC. 4-37- 7 us !4s �t94'#/ 176611703 S. F. 1869 1 ,033 S. F. 4.83' S88'47'59 "E ELGIN , ILLINOIS 60123 ' „� T ria/� E , /A Chic o n _ ChrGlr�7rt! `f 8? ;. , 1767 11033 S. F. 1870 10429 S . F . N017201 '� 10 dt 1768 1 42 S. F. 1871 1 ,033 S . F. 434 . 08 S8$ 47 59 E ___ _ - PROJECT COIN TACT 1769 , 308 S. F. 1872 1 429 S . F. 10669 In 1770 1 , 703 S. F. 1873 1 ,308 S . F . • ' . W ,r- 23. 50' NOR UNE OF MR * JOE MARX W W W . 5884759E ' 551 '46 '26 "IE SEC. -37- 7 PHONE : (847 ) 783 = 6300 /e � �•^5 1771 1 , 033 S. F. 187411703 & F. . ' 1848 , /tee tee 1772 11429 S. F. 1875 11033 S . F . o ,o ,o o LOT 1 X30 1773 1 , 308 s. F. , 876 11429 S . F T N r 11, 3391 SF. LOTS 31 FAX : (847 ) ? 8 ,3 _ 6303 t, � 13, 5 S F 40 No. /2.3, ode Nora/d ,y el! 7rus yc `Q 4 r , �, ,.• ' r 1774 11703 S. F. 1877 1 ,308 S . F. 1%w tee 0 0 ! + T8 sCT? - Alfa a' " C o 1775 11033 S. F. 1878 1 ,703 S . F . ` �, +� U ,e 8' - 100' ^ f �.�+SC�/ Q �' �► 1776, 11429 S. F. 1879 1 ,033 S . F. N 1850 �ry6��o , T� to 1 .4626 " ,� ,� rGa, �4'Ichc{r� Arr; 20 1777 1 , 308 S. F. 1880 1 ,429 S. F. S ti�a 1� �" S6 �� T 17 2{' �7,ck s't s3 �2 Wo 1778 1 , 703 S. F. 1881 , ,033 S . F . 1 $51 �h 1 �y�4r 7,p_ O 3 r +y� T T tr, 00 ` � 16, 019 S. F/ 0 \ 80 xo- as;s 1779 1 033 S. F. 1882 11429 S . F. 56. 50 '� S k 6 ' 1� fi188'4 '5 W T� .� •'S ti 'S �•�ti A�er+iCCZn @cJohnEN. � . . . • � . 1780 1 , 429 S. F. 1883 12308 S. F. /G' 1781 1 , 033 S. F. 1884 1 ,703 S . F . 150. 91 S88'4 59 E G' �- A T '� + T .� r �3 t, ,r y Trust nlo. Mc+rsr�a� eIl 1782 1 , 429 S. F. 1885 1 ,033 S. F. LOT 2050 �`�?g ��' 8S �� 8d s �� ,, � L ,ems 1199!0 ?•02 : : : 1783 1 , 308 S. F. 1886 1 ,429 S , F . 156. 77 888 47'59 E 117, 593 S F. cDS S?!� TES ao ,,` T8S �, f O 3 Q.ra 1784 1 , 703 S. F. 1887 1 ,308 S . F. J J,� 66 t� 43 J J L ,¢1 C3S �9 • •� ,�1Q 1 4S• c9 4 ' O r ,: Jickxs40/7 T d 91 1786 1 , 033 S. F. 1888 1 ,703 S. F LOT 1742 ! 4r951 .$F. Q T ? 01, s3 ph 7�s 7 ' ; g0 �� 0,.n \ �:'• ! `��' , 82 lI3SI 129• a7 1786 1 , 429 S. F. 1889 10033 S . F. 1 ` ' 41 '? �82 ,,� F `�S� "�`� Z 3a. 3 ? . T 'ti°` , OT 173 cS7 ``` s w C: an N la/ 8 T 1787 11033 S. F. 1890 11429 S. F. O •29 '�'- f?' ,+1 ea O •� 308 S. F. ca i.. c0 o I �„ .viglp ?9 1 �`fl? ,� �f T 7 17387 S.F. U) usf c" t A crs 1788 11429 S. F. 189111308 .� . i 30, � � n 17891 , 308 S. F. 18921 ,703 S . F. ~ �j p�j OiV Nh t",1 a �' '� ' �� ' 10, 67 46'26«E °'- lJJ Z► 75� ' ' ! ,f C •IID /A¢ 3 tlG> �```• 1790 1 703 S. F. 1893 1 033 S. F. Q e- c- � t' � - ! �jh,c•, C� O N ti �4 � �,'2S J8, "C� 1� 6,��7rj S51 � o �U, +en �i • . � � B�7k� St I /Q W Rider '*y •� �`�� 3742' o .� + h . O• �8 oa- , b' ep' 9 �, ` ai'oyn « *o ' Trust C in 1791 1 , 033 S. F. 1894 11429 S . F . r., ^ 3�,., .3 � ' nI 1&4 T 87Co 1792 1 , 429 S. F. 1895 1 ,308 S . F. v � _Z , , » to 96. 87 � ' �� sr�S`a� , `Sd,� B. SL. � � $29 25 29 3, t5 `:y �� 77 74 10 LOA 140. 46 N88 47 59 W 1793 11033 S. F. 1896 11703 S. F. F- 170. 43' t3, 49 ` �26p7 " # j• ,� t 1794 1 , 429 S. F . 1897 11033 S . F . Z 268. 46 S89S011 `� 15. 05 �S B9 • p9 W * Q • '�s yr• C41 Di r tt3 ct� ' j+(� uvsll CToxc Inc ns•x z 1795 1 , 308 S. F. 1898 11429 S . F. O 115. 45 ,4+ Sit • y ..L. �.. ^,� . ?,. 6,, �+ pp CO o j `.9 p/+�11SeC.ond Htrre'�TrirSt 1� � � 23 50 ' S0070 '51 "W �-""1 ' 4 . (� i 3 �• r- r a? co •• �s 5.5� 101 179611 , 703 S. F. 1899 1 ,033 S. F. % r : : : : : " g ♦ 7�,, o r T tp s �. U ,� $ s� k ? `'- �, h «� N+ `iunal Brank, �n . C. 1797 1 , 033 S. F. 1900 1 ,429 S . F . •4 to °y ?`� �l '1 ?• �jS �' ' ^' $$ "`'O 7,y ��"� srQ s " ~ g3, . Robe 77b - Vv. 2 ��' :•� sus �. $ s �O +� 96. 88 k0. , 3 C.I, JI ctW 1798 11429 S. F. 1901 11308 S . F. V= ,W `x•23 x�S h 1 .fi n 483O" w i 0 N .L : ►�f Fk 0 ? iy Os' i• ' '� gO w 14. 87' W 5�� 31P 1799 11033 S. F. 1902 11703 S .F. oMO r N e ' �p , 'es? y�j•` h$ , ` � v, N31 't76'45"E �.Sh I19. NOT TO SCALE 1800 111429 S. F. 1903 11033 S . F. O�j pjj 8'• 1801 1 , 308 S. F. 1904 1 ,429 S. F. A PUBLIC UTILITY AND DRAINAGE EASEMENT, IN I $r- r. Tee +,�, ♦� S? F ?,�, ' ^• , � , < O�. 2 C45 gg' 1802 1 , 703 S. F. 1905 1 ,308 s . F . ACCORDANCE WITH THE EASEMENT PROVISIONS _ � .�.� i. ... ^ *�o pgh,,�ik - o ,,�'h 90*7 w G46 q0I toy* CURVE TABLE 1803 1 , 033 S. F. 1906 1 ,703 S. F. STATED HEREON, IS HEREBY GRANTED OVER ALL o�' ,,� ,�ti _ ,, h �� . s,�. 056 , CURVE LENGTH RADIUS CHORD CHORD BEARING 1804 1 , 429 S. F. 1907 1 ,033 S . F. AREAS OF LOTS 1752- 1957 INCLUSIVE 0 0 6 87 N89 49 09 �s. egg � , �g �� ,� ,rt •�° $ �y Z .LOT 1748 6 026 s F Or N>p ►A, �,, o�` c,°` 50" 4. \ , 1805 1 308 S. F. 1908 11429 S . F . (EXCEPTING THEREFROM TVA T PART OF SAID �T•99 7�. j '�' `�- �• �- �` �b p•E cw z; G. 1 39,36 30 ,00 36.60 N74 01 55 W '`� , + 3 15f881 a a+ C2 39, 36 30,00 36,60 S01 '080170W L0TS ON WHICH A PRINCIPAL RESIDEN77AL I- C = �9. �i s' ��,?a Wg , 1806110703 S. F. 1909 11033 S. F. S,g ? sF ° a ` + N N 1868 , 1 . 62 .p v' '? f tly + , ,N �a j tin C3 110.69 163.00 108,58 S55.54'040E 1807 1 , 033 S. F. 1910 11429 s . F . BUILDING IS TO BE CONSTRUCTED). W '- 6� $ F ^ h �i •ry { G. 4 93603 137,00 91 ,26 S55.54'04 'E 1808 1 , 429 S. F. 1911 1 ,308 S . F. LI••I 023 {Od' a *o, `t'x. ` �,T .. y , = 137. 63 �� »' " i ry iv G.5 117,30 138,00 113,80 Nl4 22 18 E 1809 1 , 308 S. F. 1912 1 ,703 S. F. Q 3i;� _ 33 37 ' ; 1869 9 AN ACCESS EASEMENT IS HEREBY RESERVED (n LOT 171511, 488 F, p , �'? -x- 4J 2Q '. G.6 72.35 92,00 70 50 N18'S9'41 'E 1810 1 , 703 S. F. 1913 1 ,033 S. F . r » aj N j ! hg ,, ?v,p N46'08 11 E lY ' FOR LOTS` 1709 THROUGH 1751 FOR VEHICULAR ,^� � ) 3 s s 71 E` 30 ' C7 8109 5, 00 7,23 NO2 .08'15'w 1811 1 , 033S. F . 19141 ,429 S. F. W 2 ,2 39. 1 ��• �' a' 'e Gj +y1 49• B. SL �, 1870 LOT 1t<34 a0 DEDICATED R. O. N: , AND PEDE57RIAN INGRESS AND EGRESS UPON � �,,c9 a � , � � n o � o ` ca $,09 5.00 7,23 N4II 07 38 E 1812 11429 S. F. 1915 1 ,033 S.F. W ,4 v I " a+"�s� o '�. � g0 "" Sy 62 , 7 4 « , .t w 19, 464 S„F. PER DOG. NO 05-39532 C9 46,55 138400 46, 33 N78.02 ' 48'E 18131 , 429 S . F. ANY AND ALL PAINED SURFACES OF LOT 2050. � � � � � �1 . ,� �, �, p 308 S. F. 1916 1 , ¢ "� _ to , 1814 1 703 S. F. 1917 1 ,308 S . F. -' O y y I �-. ?� s S� N� �� 1751 25. 1 187" 1 ; ► a. 5 Sl0'43 7 W oar `O C10 85,05 112,00 83,02 N65 57 21 E 8. S L. co o0 0 39 5 i E taa b , • ' 14 7',30 S F. . . •Q1 13 cn �`. Cll 19.10 15.00 17.83 S51 14 29 W 18161 ,033S. F. 1918 1 ,703 S . F. AN EXISTING BLANKET U77LITY AND DRAINAGE k g ,� �* 1 �. -� S5. 50 �-{ - } Nso�$g1 � 1 $72 � � C12 21 ,84 15,00 19,96 N26'55' 49'W 18161 , 429 S. F. 1919 10033 S . F. EASEMENT OVER ALL OF BRISTOL BAY P. U. D. �' 1 '� '" N88'S54 E ? co , 1817 1 . 308 S. F. 1920 1 ,429 S. F. ( � 6. 78 Gl3 8,16 5.00 7 28 S37 04 0$ E UNIT 9 PER DOCUMENT NO. _ AS 140. 48 N89.49 Q9 W g'�° 14 «y1 cz E ' vs �° °f "`'- `•° O1 " 18181 , 703 S. F. 1921 1 ,033 S. F. -` 127. 1 S5 f ' 4'A8 -- �' 1952 t„ : oo d a°ir, ° 1873 N022636 v C14 70, 47 67.00 67.27 S50.11116'E RECORDED IS HEREBY VACATED _ • 56 50' 12� r °� w 0 189 ' ; • - 1 C15 133 ,25 113 ,00 125 ,66 S34.51006'E 1819 11033 S. F. 1922 1 ,429 S . F. WITHIN SAID BRISTOL BAY P. U. D. UNIT 9, + IV88'Sr% E . O ` 1953 +v ~ o aLOT 17381 �, 182. 93 Cl6 8.16 5.00 7,28 S63.18'230E 1820 1 , 429 S. F. 1923 1 ,308 S. F. 289 . 45 w ' o . c� �„ w 12, 62` SF. �, gaJ N8T3324 o �► -1 v op, 18 w ;--'" C17 23,52 87 .00 23 ,45 S08'48'52'E 1821 1 308 S. F . 1924 1 703 S . F. o n 1777 �, �N w +v -. v �, n%889 5819 W y� cn . N 1 �► t'�187.3.3'24 wEo _ . ,to 18221 , 7035. F. 1925 11033 S . F. zv . -moo 1954 v v a, , i» `S' C19 8,09 15,000 7,23 N61.34151'W 1823 11033 S. F. 1926 11429 S. F. 1776 �► ` g ' 18 , » ". �` � 1874 00 2 2 po i W ;} W r C20 62,01 92,00 60,85 N37.13'500W 1824 11429 S. F . 1927 1 ,308 S. F . NO a o 1955 N 1 �' 30"'j cc LOT 1735 `_ « TOTAL GROSS ACRES = 14. ,53 ac. cb a Sb `O •* _ so �...._..__.. .m.- 1875 ha to C21 213,76 138,00 193.02 N45.26'41'w 1775 ,. 3a o o iu 15, 001 SF. CT W C22 8.09 5.00 7.23 N12'52'48' W 182v 1 , 033 S. F . 1928 1 ,703 S. F . o ..: w Ci 1826 1 , 429 S. F . 1929 1 ,033 S . F . • so ..... �`�- tr Sn ' '17 39 dy �3 30 CYJ 18271 , 308 S. F . 19301 ,429 S . F . 1774 . vs �" 1956 13 9 N 2788 « o, E 1876 N •ph a. C23 59482 112,00 59, 11 N74 .31109'W 1828 1 ,703 S. F . 1931 1 ,033 S . F . 56, 50' + 89' 31 » 034821E CO t,, ; co 6. 55 ' 10 O • C24 47,35 30,00 42,59 S44'36'15'E *A7* full , w Ch ; . / " 18291 , 033 S. F . 19321 ,429 S . F . 588 547W ' Or 1957 7 1 h 4,+ i't N01 "1J304 W 00 C25 111 ,30 162,00 109,13 S20.17' 36'W 183A 1 , 429 S. F . 1933 1 ,308 S .F . 77 4 {�h 4 MV .... J 7& e, N • cn ,° V " 187 # •-� C26 8,06 5,00 7,22 S86.09'45' W 1831 1 , 308 S. F . 1934 1 ,703 S . F . t 56. 50 f # to 202.20 (� G27 47.04 142.00 46.83 S51 .1427'W 18321 , 703 S. F . 19351 ,033 S . F. C4 3 m_ -� 88 jsR N88�656 E II � C28 8.06 5.00 7,22 S16.19' 100W 18331 ,033 S. F . 1936 1 ,429 S. F. '� � O Nj6ro5"" 3 g5 � f � 88 18 � � c9 �'' 4 38. 15 ` r•------32. 00' ��. � � l I C29 71,75 188, 00 7131 S62 46 49 W p. (A 1884 ** ��C� 17 �4• •� e:e v ' « O G.3) 183411429S. F . 19371 ,033 S . F . Q1v ` Cp Z "i oo r • • q4 �, .4+ c,, v S012?304 E G30 81,13 162.00 80.29 S76'51'11 'W 183511 . 308 S. F. 1838 1 ,429 S . F . � 00 -.$ �1• 6� nj ? _. �. . .. _ ,. _ _,.... _....... ... ` 56 �' . -° t-OT 173 ' t,0 t� 1836 1 , 703 S. F . 1939 1 ,308 S .F . � ,` v� Z • � ��' "`' -' °� n sr csS? ,,..,�,..,..� '..._...._ S85a91 W , ! o p C31 18,98 15,00 17 ,74 N37 .27'25'E G �„ �� w ,, 96. 8 0 1+1015 llp 22, 095 S. F. CA) C32 24,38 15.00 21.78 S45.21 '090E ommm .1837 1 033 S. F . 1940 1 ,703 S . F . G.-�,� �' tN �� `s' LOT 2050 , LOT 173712: 430 S.F m ?9 '� S� 3° , 1838 1 , 429 S. F . 1941 1 ,033 S. F . Go .,. `o w co � 1 'D •� O 6 • G10 'ti p •�S,29 C33 23.56 15.00 21,21 N46 12 Oi E CD ti m , Q, �� 117, 593 SF. = 47 87 �, ."3 $ 29 f ' G.3 C34 20,64 15,00 19,05 S38.13 '090E � 4� �'� 20 G.7 „� �p t � Q ?9 G35 120,84 187.00 118, 75 N70 17 12 W 18391 , 308 S. F . 19421 ,429 S . F . cn �` g {b ?S CD , 1840 11703 S. F . 1943 11308 S. F. .A '� # i 1j'l4 » en " G9 °r a es►' �' W �• ` 1S ' C36 96.15 213.00 95.34 N64 '42123 'W 184111 , 033 S. F. 1944 1 ,703 S. F . .�► i St '43 NI "?� �.• 4.8 ' N87.42 E Rcfl, W W a C37 23,56 15 00 2121 N83'13'34 'E N 1842 1 , 429 S. F . 1945 1 ,033 S . F. S16'p3 31 � 8 'N Cr�1 70. 95 1' ��`, t'�. �s+�,,�Q �`° �`` M m OT 1713 �3. X573 o LOT 1711 �� s � O C3$ 23,56 15.00 21.21 S06'46'26'E 18431 , 308 S. F . 19461 ,429 S. F . 10, 389 SF 1 � �.q1t "� 39 •., . 1 . 1777 . F ,�. .c. 1s� w... . .__..._. . � .^9 , 18441 ,703 S. F . 19471 ,308 S . F - S�Q N 1769 Sf 4 iy� wry . g , n, 39 8,06 5,00 7,22 S15 04 26 E 1845 11033 S. F. 1948 11703 S. F. ' .3jS7s73 0 ° a" 0�9 , c,� z C40 19,13 142,00 19,12 S55 3$ 00 E a3 ' ,4r �- 'r `�� 1f' C41 7.85 5,00 7,07 N83.13'34'E 1846 1 429 S. F . 1949 1 033 S.F . 10 1768 ; h " 184711 , 308 S. F . 1950 1 ,429 S. F . Oi ,ry .ry 1762 .3 160 • - '9 C� 11 , ls , C43 4254 188000 62,25 S61. 181131 E 18481 , 703 S. F. 1951 1 ,308 S . F. LOT 1712 ry .f .� 4,`'�r ti S 7 30,00 3$.01 N31 3117 W ! Rf 1767 *� V w 1763 •ti 3 " r9, 43� �� 19 " C44 41417 30,00 38,01 S47'06'09 'W 18491 , 033 S. F . 19521 ,703 S . F . 14, 724 S. F. � , h ( �• � � : tJ 1850 1 , 429 S. F. 1953 1 ,033 S . F . % , Z as •V .r `� Olean C�� 65 C45 142,94 16200 138, 35 S86. 32'17'E 29. 72 sb h ry 0 1\ o� N . 1` `' 116 L , 1851 1 , 3085. F, 1954 1 .429 S . F . O 1766 ry 1764 oa NQ 16 01 C46 59,82 188 00 59,57 N77 17 58 E 1F'° 18521 , 703 S. F . 19551 ,033 S . F . •,`+ N144621 E �`? 5 t h N7s 11s C47 58, 00 187.00 57.77 S01 0540 E -� N� 7� p ,� N � y 1 .1 " BRISTOL BAY P U D : : : . :�: �..%1853 1 , 033 S. F. 1956 1 ,429 S. F . ` /S 38 176rJ L� 1% ti9?5 E • . • C48 66,06 213, 00 65,80 S02 05 40 E 185411 ; 429 S. F . 1957 1 ,308 S . F . 124 I ,` 1p• �" N T 1710 c� �j �p mom" C49 7,36 212.00 7,36 N09'17147'W 6� f; l ss sp °' 7, 304 S F. '.3 40 UNIT I Team 40 1ftft , 1,5.9 TAI £ N14460214 30 ' 1 10' r ti IN .Y r` M 03 DOC . N �,.J . �,./ 5- 39532 veee 6h 1. ANNOTATION ABBREV/A770NS - ��QZ 22. 39' •! 1„ 0 `x• ° n to ^� 1 '� ��s�1 `� a� s 514`46 '21 "W LOT 1709 � e. S L. = BUILDING SETBACK LINE I � Zo. �,, " 5 ' ,� ` f i 20, 506 s F a. SL. F �, GRAPHIC SCALE POB = POINT OF BEGINNING I _-, S75'1339 E 83. 0 _� POC = POINT OF COMMENCEMENT �.,�� - t0' SET CONCRETE MONUMENT 6 a 30 so 120 240 P. U. & D. E. = PUBLIC U77LITY AND DRAINAGE EASEMENT �' �33� "I/V .Lqs; M AT CORNER AM S. M. E. = STORMWA 7ER MANAGEMENT EASEMENT •.. �, T, A. E = TEMPORARY ACCESS EASEMENT ~'" '' ,F- G,�L l { IN FEET } L. E. = LANDSCAPE EASEMENT O. A. = HOMEOWNER rS ASSOCIA 77ON ~ '� �-� oA�L OuNry Hl 946 .� S1. ► 1 inch = 80 ft. 2. THIS PROPERTY IS WITHIN THE CORPORATE LIMITS OF THE UNI7ED CITY OF YORKWLLE. �� r *0 9 q ` © �• � EGSYD I cv c''3 - CENTERLINE 3, 518 " STEEL RODS SET ® ALL EXTERIOR CORNERS UNLESS OTHERWISE NOTED. 518 " NORTH LINE OF GALENA ROAD "-�_ co - �'� STEEL RODS WILL BE SET AT ALL INTERIOR CORNERS WITHIN 12 MONIHS OF RECORDATION. PER DOCUMENT Na 145193 .,., _` ' �- o L=39 . 33 R-25 . 00 BOUNDARY LINE A DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. CH =35 . 39 CB=S59°42'31 "W FINAL PLAT OF SUBDIVISION ---- - - --- RIGHT OF WAY LINE BRISTOL BAY P.U.D . 5. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. 20 ' HEREBY DEDICATED ` _`' 6. ALL AREAS SHOWN HEREON ARE MORE OR LESS TO THE NEAREST SQUARE FOOT. 80' THERETOFORE _--- LOT LINE UNIT IO PROPOSED RIGHT-OF- WAY DEDWCATED PER ''` - YORKVILLE, ILLINOIS Z EXIS77NG ZONING IS R-3 P. U. D. (UNITED CITY OF YORKWLLE) - -�- ' �- BUILDING SETBACK LINE 8, OPEN SPACE TO BE OWNED AND MAINTAINED BY HOMEOWNERS ASSOCIATION. _ _ _ _ ''�-••-... - - EASEMENT LINE R��pNg DWN BY: INT: DATE: PROJECT N0. 9, BEARINGS ARE BASED ON LOCAL C00RDINA 7F SYSTEM. 10. SEE COVENANTS AND RESTRICTIONS FOR EASEMENT PROVISIONS NOT SHOWN HEREON, - - - - - - EXISTING PROPERTY LINE 1. ✓GS 8/�2Nos JGS 06109106 CETX- 060305- 4 11. ACCESS EASEMENT OVER LOT 2050 IS HEREBY GRANTED. 2• OSN BY: INT: HORIZ SCALE: SHEET N0.eeeeew� EXISTING RIGHT OF WAY LINE NIA 12. PUBLIC UTILITY AND DRAINAGE EASEMENT OVER LOTS 1709- 1751 AND LOT 2050 IS HEREBY GRANTED. 46 CHK BY: INT: VERT SCALE: 2 OF 3 5. CLD NIA SMITH ENGINEERING CONSULTANTS , INC . FINAL PLAT OF SUBDIVISION CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS 759 JOHN STREET Y YORMI X, ILINOIS 80580 y L Y nC F1A� TC BRISTOL www,xmithengi eering.com 80 E-NAILo see0smithengineerintg.com • MoIIENRX ■ HIJNI7.EY uYORKVILLE STA TE OF ILLINOIS ) ILLINOIS PROFESSIONAL DESIGN FIRM If 184-000108 5s COMP. FILE.* 060305FP Phase 2. dw COUNTY OF KENDALL ) UNIT g PLOT FILE.* STANDARD WEW,• UNIT 10- 03 THIS IS TO CERTIFY THAT !, CRAIG L. DU Y. ILLINOIS PROFESSIONAL LAND A SUBDIVISION OF PART OF THE S 112 OF SEC 4 - 37-- 7, SURVEYOR NO. 35- 003359, AT THE REQUEST OF THE OWNER(S) THEREOF, HAVE AND PART OF THE NE 114 OF SECTION 9 - 37- 7, SURVEYED, SUBDIVIDED AND PLATTED THE FOLLOWWWG DESCRIBED PROPERTY* IN THE UNITED CITY OF YORKVILLE, BRISTOL TWP, , KENDALL CO. , ILLINOIS EASEMENT PROVISIONS THAT PART OF THE SOUTH HALF OF SEC77ON 4, AND PART OF THE NORTH HALF A NON-EXCLUSIVE EASEMENT FOR SERVING THE SUBDIVISION OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL Qom', CEWMA1Lc 0OLN71 MK *S QWTE7 RATE AND OTHER PROPERTY WITH ELECTRIC AND COMMUNICATION SERVICE MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT TIME SOUTHWEST CORNER a IS HEREBY RESERVED FOR AND GRANTED TO OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE NORTH 00 DEGREES STATE OF ) STATE OF ILLINOIS) 09 MINUTES 15 SECONDS WEST, ALONG THE WEST LINE OF THE SOUTHWEST ) ss COMMONWEALTH EDISON COMPANY, AMERITECH ILLINOIS a.k.a. ILLINOIS BELL TELEPHONE COMPANY, QUARTER OF SAID SECTION 9, I1. 11 FEET FOR THE POINT OF BEGINNING; THENCE COUNTY OF ) )ss GRANTEES, SOUTH 88 DEGREES 47 MINUTES 59 SECONDS EAST, 434. 08 FEET TO THE COUNTY OF KENDALL) THEIR RESPECTIVE LICENSEES, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY TO CONSTRUCT, KESTERL Y RIGHT OF WAY LINE OF ROSENWINKEL STREET; THENCE SOUTH 21 THIS IS TO CER77FY THAT CENTEX ANO HAS CAUSED THE SAME TO BE HOMES, A NEVADA CORPORA 770N, IS THE FEE SIMPLE OWNER OF THE OPERATE, REPAIR, MAINTAIN , MODIFY, RECONSTRUCT, REPLACE, SUPPLEMENT, RELOCATE AND REMOVE, PROPERTY DESCRIBED /N THE FOREGOING SURVEYORS DEGREES 48 MINUTES 57 SECONDS EAST, ALONG SAND WESTERL Y RIGHT OF WAY ' CERTIFICATE' I, ___- �____ ______�_ _, COUNTY CLERK OF KENDALL COUNTY, ILUNO/S, DO HEREBY FROM TIME TO TIME, POLES, GUYS, ANCHORS, WIRES, CABLES, CONDUITS, MANHOLES, TRANSFORMERS, LINE, 428. 69 FEET; THENCE SOUTHERLY ALONG SAID WESTERLY RIGHT OF WAY CERTIFY THAT THERE ARE NO DELINQUENT GENERAL TAXES, NO UNPAID CURRENT TAXES, NO PEDESTALS, EQUIPMENT CABINETS OR OTHER FACILITIES USED IN CONNECTION WITH UNDERGROUND LINE, BEING ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 600. 00 FEET AND SURVEYED, SUBDIVIDED, AND PLATTED AS SHOWN HEREON FOR THE USES AND PURPOSES HEREIN SET FORTH UNPAID FORFEITED TAXES, AND NO REDEEMABLE TAX SALES AGAINST ANY OF THE LAND INCLUDED TRANSMISSION AND DISTRIBUTION OF ELECTRICITY, COMMUNICATIONS, SOUNDS AND SIGNALS IN, OVER, A CHORD BEARING OF SOUTH 03 DEGREES 35 MINUTES 08 SECONDS EAST, AN UN ALLOWED AND PROVIDED FOR BY STATUli=, AND DOES HEREBY ACKNOWLEDGE AND ADOPT THE SAME IN THE PLAT HEREIN DRAWN. I FURTHER CERTIFY THAT I HAVE RECEIVED ALL STATUTORY FEES IN UNDER, ACROSS, ALONG AND UPON THE SURFACE OF THE PROPERTY SHOWN WITHIN THE DASHED OR UNDER THE STYLE AND 7T TLE THEREON INDICATED. DOTTED LINES (or similar designation) ON THE PLAT AND MARKED "EASEMENT", "UTILITY EASEMENT", "PUBLIC ARC LENGTH OF 381. 81 FEET; THENCE SOUTH 14 DEGREES 38 MINUTES 41 CONNECTION WITH THE PLAT HEREIN DRAWN. SECONDS WEST, ALONG SAID WESTERLY RIGHT OF WAY LINE, 143. 50 FEET; UTILITY EASEMENT", "P.U.E' (or similar designation), THE PROPERTY DESIGNATED IN THE DECLARATION OF THENCE SOUTHWESTERLY ALONG SAID WESTERLY RIGHT OF WAY LINE, BEING THE UNDERSIGNED HEREBY DEDICATES FOR PUBLIC USE THE LANDS SHOWN ON THIS PLAT FOR GIVEN UNDER MY HAND AND SEAL OF THE COUNTY CLERK AT YORKWLLE, CONDOMINIUM ANDIOR ON THIS PLAT AS "COMMON ELEMENTS" AND THE PROPERTY DESIGNATED ON THE ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 25. 00 FEET AND A CHORD THOROUGHFARES, STREETS, ALLEYS AND PUBLIC SERVICES; AND HEREBY ALSO RESERVES FOR ANY ELECTRIC, PLAT AS "COMMON AREA OR AREAS", AND THE PROPERTY DESIGNATED ON THE PLAT FOR STREETS AND BEARING OF SOUTH 59 DEGREES 42 MINUTES 31 SECONDS WEST AN ARC LENGTH GAS, TELEPHONE, CABLE TV OR OTHER TELECOMMUNICATIONS COMPANY UNDER FRANCHISE AGREEMENT K1774 ILLINOIS, THIS ,_._____._DAY OF ___�____�__ �____ 20___-. ALLEYS, WHETHER PUBLIC OR PRIVATE , TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE THE UN17ED CITY OF YORKVILLE, THEIR SUCCESSORS AND ASSIGNS, THE EASEMENT PROVISIONS WHICH ARE CONNECTIONS UNDER THE SURFACE OF EACH LOT AND COMMON AREA OR AREAS TO SERVE OF 39. 33 FEET; THENCE SOUTH 14 DEGREES 38 MINUTES 41 SECONDS EAST, STA TED HEREON. IMPROVEMENTS THEREON, OR ON ADJACENT LOTS, AND COMMON AREA OR AREAS, THE RIGHT TO CUT, TRIM ALONG SAID WESTERL Y RIGHT OF WA Y LINE, 20. 00 FEET TO THE NORTHERL Y OR REMOVE TREES, BUSHES, ROOTS, SAPLINGS AND TO CLEAR OBSTRUCTIONS FROM THE SURFACE AND RIGHT OF WAY LINE OF GALENA ROAD AS RECORDED JUNE 5, 1964 AS DOCUMENT THE UNDERSIGNED FURTHER CER77FY THAT ALL OF THE LAND INCLUDED IN THIS PLAT LIES W17HIN THE SUBSURFACE AS MAY BE REASONABLY REQUIRED INCIDENT TO THE RIGHTS HEREIN GIVEN, AND THE RIGHT TO ENTER UPON THE SUBDIVIDED PROPERTY FOR ALL SUCH PURPOSES. PRIVATE OBSTRUCTIONS SHALL SAID NOORR THERLY RIGHT OF WAY LINE, 56 NO, 1 3. 06 FEET TO THE WEST LINE OF THE THENCE NORTH 75 DEGREES 13 MINUTES 39 SECONDS WEST, ALONG BOUNDARIES OF YORKWLLE COMMUNITY UNIT SCHOOL DISTRICT 115. NOT BE PLACED OVER GRANTEES' FACILITIES OR IN , UPON OR OVER THE PROPERTY WITHIN THE DASHED OR NORTHEAST QUARTER OF SAID SECTION 9; THENCE NORTH 00 DEGREES 01 COUNTY CLERK DOTTED LINES (or similar designation) ON THE PLAT AND MARKED "EASEMENT", "UTILITY EASEMENT", "PUBLIC DA TED A T M THIS DA Y OF _-_ _ 20 UTILITY EASEMENT", " " ( similar designation), WITHOUT THE PRIOR WRITTEN CONSENT OF THE MINUTES 41 SECONDS WEST, ALONG THE WEST LINE OF SAID NORTHEAST ' �-' GRANTEES, AFTER INSTALLATION OF ANY SUCH FACILITIES, THE GRADE OF THE SUBDIVIDED PROPERTY QUARTER, 330. 99 FEET; THENCE SOUTH 89 DEGREES 58 MINUTES 19 SECONDS SHALL NOT BE ALTERED IN A MANNER SO AS TO INTERFERE WITH THE PROPER OPERATION AND WEST PERPENDICULAR TO THE LAST DESCRIBED COURSE, 289. 45 FEET; THENCE CENTEX HOMES '� CE ?TA�7GA7L MAINTENANCE THEREOF. NORTH 00 DEGREES 10 MINUTES 51 SECONDS EAST, 105. 97 FEET THENCE A NEVADA CORPORA 77ON " NORTH 89 DEGREES 49 MINUTES 09 SECONDS WEST, PERPENDICULAR TO THE 2205 POINT BOULEVARD THE TERM "COMMON ELEMENTS" SHALL HAVE THE MEANING SET FORTH FOR SUCH TERM IN THE LAST DESCRIBED COURSE, 18, 79 FEET; THENCE NORTH 00 DEGREES 10 MINU TES SUITE 200 STA TE OF ILLINOIS) CONDOMINIUM PROPERTYACT', CHAPTER 766 ILLS 605/2, AS AMENDED FROM TIME TO TIME. 51 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED COURSE, 24. 97 )ss - FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT KITH RADIUS OF ELGIN, ILLINOIS 60)23 COUNT?' OF KENDALL) THE TERM "COMMON AREA OR AREAS" IS DEFINED AS A LOT, PARCEL OR AREA OF THE REAL PROPERTY, THE 30. 00 FEET AND A CHORD BEARING OF NORTH 45 DEGREES 23 MINUTE'S 45 BENEFICIAL USE AND ENJOYMENT OF WHICH IS RESERVED IN WHOLE OR AS AN APPORTIONMENT TO THE SEPARATELY OWNED LOTS, PARCELS OR AREAS WITHIN THE PLANNED DEVELOPMENT, EVEN THOUGH SUCH SECONDS EAST, AN ARC LENGTH OF 46. 90 FEET: THENCE NORTH 00 DEGREES THIS INSTRUMENT NO, �_'____,_____�__�__ WAS FILED FOR RECORD MAY BE OTHERWISE DESIGNATED ON THE PLAT BY TERMS SUCH AS "OUTLOTS "COMMON ELEMENTS", 36 MINUTES 39 SECONDS EAST, 21. 45 FEET; THENCE NOR7NERL Y ALONG A Y *OPEN SPACE", "OPEN AREA", "COMMON GROUND", "PARKING", AND "COMMON AREA". THE TERMS "COMMON CURVE TO THE RIGHT WITH A RADIUS OF 188. 00 FEET AND A CHORD BEARING OF IN THE RECORDER 'S OFFICE OF KENDALL COUNTY, ILLINOIS, ON THIS AREA OR AREAS" AND "COMMON ELEMENTS" INCLUDE REAL PROPERTY SURFACED WITH INTERIOR NORTH 05 DEGREES 04 MINUTES 59 SECONDS EAST, AN ARC LENGTH OF 29. ,35 DRIVEWAYS AND WALKWAYS, BUT EXCLUDES REAL PROPERTY PHYSICALLY OCCUPIED BY A BUILDING, FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT WITH ARADIUS / I S --- -'� -��-------� --�-� "--- - --- O 'CLOCK BUSINESS DISTRICT OR STRUCTURES SUCH AS A POOL, RETENTION POND OR MECHANICAL OF 5. 00 FEET AND A CHORD BEARING OF NORTH 34 DEGREES 51 MINUTES 17 DAY OF . 20__, A T _ _ _ _ O CLOCK . M. EQUIPMENT. SECONDS WEST, AN ARC LENGTH OF Z75 FEET THENCE NORTH 79 DEGREES 15 RELOCATION OF FACILITIES WILL BE DONE BY GRANTEES AT COST OF THE GRANTORA.OT OWNER, UPON MINUTES 53 SECONDS WEST, 15. 22 FEET; THENCE NORTHEASTERLY ALONG A NOTARY C R779G4 WRITTEN REQUEST, CURVE TO THE RIGHT Wl774 A RADIUS OF 208. 00 FEET AND A CHORD BEARING OF NORTH 16 DEGREES 13 MINUTE'S 46 SECONDS EAST, AN ARC LENGTH OF 39. 89 STATE OF KENDALL COUNTY RECORDER FEET,• THENCE SOUTH 68 DEGREES 16 MINUTES 35 EAST, 15. 47 FEET' THENCE � __N__Y_� ) EASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 5. 00 FEET AND A COUNTY OF __ ) ss PUBLIC UTILITY AND DRAINAGE EASEMENT CHORD BEARING OF NORTH 67 DEGREES 36 MINUTE'S 36 SECONDS EAST, AN ARC LENGTH OF Z70 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT A NON-EXCLUSIVE EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO SBC AMERITECH, NICOR, WITH A RADIUS OF 188. 00 FEET AND A CHORD BEARING OF NORTH 26 DEGREES 1, �_�_� _��-_^-�__ � A NOTARY PUBLIC IN AND FOR THE COUNTY CEY PLAN COAMSSON GERT�f'�CiAZE COM ED, JONES INTERCABLE, OTHER PUBLIC UTILITIES, AND HOLDERS OF EXISTING FRANCHISES 17 MINUTES 45 SECONDS EAST, AN ARC LENGTH OF 18. 37 FEET; THENCE GRANTED BY THE CITY OF YORKVILLE, ILLINOIS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS NORTHERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 30. 00 FEET AND A WITHIN THE AREAS SHOWN ON THE PLAT AS "PUBLIC UTILITY & DRAINAGE EASEMENT' (abbreviated P.U. & CHORD BEARING OF NORTH 10 DEGREES 13 MINUTES 01 SECONDS WEST AN ARC AND STA TE AFORESAID, DO HEREBY CER77FY THAT __-__-----__ _ STA TE OF ILLINOIS) D.E. ) TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE, INSPECT, MAINTAIN AND LENGTH OF 41, 17 FEET; THENCE NORTH 40 DEGREES 28 MINUTES 16 SECONDS )ss OPERATE UNDERGROUND TRANSMISSION AND DISTRIBUTION SYSTEMS AND LINES UNDER THE AND _ _ N PERSONALLY KNOWN TO ME TO BE THE SURFACE OF THE "PUBLIC UTILITY & DRAINAGE EASEMENT", INCLUDING WITHOUT LIMITATION TO EAST, 26. DO FEET, THENCE SOUTHEASTERLY ALONG A CURVE TO THE LEFT NTH �UclN1Y OF KENDALL) TELEPHONE CABLE, GAS MAINS, ELECTRIC LINES, CABLE TELEVISION LINES, AND ALL NECESSARY A RADIUS OF 30. 00 FEET AND A CHORD BEARING OF SOUTH 66 DEGREES 01 N AND _P _ OF __N_______ _ N ___ ___ AS SHOWN ABOVE APPEARED BEFORE ME FACILITIES APPURTENANT THERETO TOGETHER WITH THE RIGHT OF ACCESS THERETO FOR THE MINUTES 42 SECONDS EAST, AN ARC LENGTH OF f 7. 28 FEET; THENCE NORTH Ol ------ -- -� ' =1r'PROVED ANO ACCEPTED BY 1NE PLAN COMM/SSION OF THE DEGREES 12 MINUTES 01 SECONDS EAST, 166. 29 FEET, THENCE SOUTH 88 THIS DAY AND ACKNOWLEDGED 774A AS SUCH OFFICERS, 77-IEY SIGNED AND DELIVERED THE SAID INSTRUMENT AND PERSONNEL AND EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES AND DEGREES 47 MINUTE'S 59 SECONDS EAST, 224. 40 FEET TO THE POINT OF CAUSED THE CORPORATE SEAL TO BE AFFIXED THERETO AS THEIR FREE AND VOLUNTARY ACT AND AS THE FREE UN17ED CITY OF YORKWLLE, ILLINOIS, THIS DAY OF_�._ _� ,20 TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AND VOLUNTARY ACT OF SAID CORPORA7TON, FOR THE USES AND PURPOSES THEREIN SET FORTH. EACH LOT TO SERVE IMPROVEMENTS THEREON. A NON-EXCLUSIVE EASEMENT IS ALSO HEREBY RESERVED FOR AND GRANTED TO THE UNITED CITY OF GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF M, 20,?r. YORKVILLE, ILLINOIS TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE AND I FURTHER CER77FY THAT THE PLAT HEREON ORAWN IS A CORRECT AND ______ INSPECT FACILITIES FOR THE TRANSMISSION AND DISTRIBUTION OF WATER, STORM SEWERS, ACCURA TE REPRESENTA 77ON OF SAID SURVEY AND SUBDIVISION. ALL DISTANCES CHAIRMAN SANITARY SEWERS AND ELECTRICITY, WITHIN THE AREAS SHOWN ON THE PLAT AS "PUBLIC UTILITY & ARE SHOWN IN FEET AND DECIMAL PARTS THEREOF, DRAINAGE EASEMENT", TOGETHER WITH A RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES. 1 FURTHER CER77FY THAT NO PART OF THE ABOVE DESCRIBED PROPERTY /S NOTARY PUBLIC -' _ My AQ54 ff Z4 TWOS ORTEJ A ZE THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER UPON EASEMENTS HEREIN LOCATED THIN A SPECIAL FLOOD HAZARD AREA AS /DENTlFIEO BY THE FEDERAL DESCRIBED FOR THE USES HEREIN SET FORTH AND THE RIGHT TO CUT TRIM AN OR REMOVE Y TREES EMERGENCY MANAGEMENT AGENCY BASED ON FIRM 170341 - OOfOC, DATED, JULY STA TE OF ILLINOIS) SHRUBS OR OTHER PLANTS WITHIN THE AREAS DESIGNATED AS "PUBLIC UTILITY AND DRAINAGE 19, 1982 ALL OF THE PROPERTY IS LOCATED IN ZONE C. AREAS OF MINIMAL CITY - � 'S �T��`A TE )ss EASEMENT" WHICH INTERFERE WITH THE CONSTRUCTION, INSTALLATION, RECONSTRUCTION, REPAIR, FLOODING. COUNTY OF KENDALL) REMOVAL, REPLACEMENT, MAINTENANCE AND OPERATION OF THEIR UNDERGROUND TRANSMISSION I FURTHER CERTIFY THA T 1 HA VE SET ALL EXTERIOR SUBDIVISION MONUMENTS AND STA TE OF ILLINOIS) AND DISTRIBUTION SYSTEMS AND FACILITIES APPURTENANT THERETO, NO PERMANENT BUILDINGS, STRUCTURES, OR OBSTRUCTIONS SHALL BE CONSTRUCTED IN, UPON, OR OVER ANY AREAS DESCRIBED THEM ON THIS FINAL PLAT ANO 1HAT ALL INTI=RIOR MONUMENTS ) Soso APPROVED AND ACCEPTED BY THE CITY ADMINISTRATOR OF THE DESIGNATED AS "PUBLIC UTILITY & DRAINAGE EASEMENT', BUT SUCH AREAS MAY BE USED FOR SHALL BE SET AS REQUIRED BY STATUTE (ILLINOIS REVISED STATUTES 1989, COUNTY OF KENDALL) GARDENS, SHRUBS, TREES, LANDSCAPING, DRIVEWAYS, AND OTHER RELATED PURPOSES THAT DO NOT CHAPTER 109 SECTION 1), UNITED CITY OF YORKVILLE, ILLINOIS, THIS _ _ ____DAY OF_�____�� 20__. UNREASONABLY INTERFERE WITH THE USES HEREIN DESCRIBED, 1 FURTHER CERTIFY THAT THE PROPERTY SHOWN ON THE PLAT HEREON DRAWN 19 JOE WYWROT. CITY ENGINEER FOR THE UNITED CITY OF YORKWLLE, DO HEREBY CER77FY THAT THE THE OCCUPATION AND USE OF THE NON-EXCLUSIVE EASEMENT HEREIN GRANTED AND RESERVED FOR REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR THE REQUIRED GUARANTEE COLLATERAL HAS THE ABOVE NAMED ENTITIES BY EACH OF SUCH ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS IS Sl TUA TED W 7H/N THE CORPORA TE LIMITS OF THE UNITED CITY OF YORKVILLE, BEEN POSTED FOR THE COMPLETION OF ALL REQUIRED IMPROVEMENTS -------------------------- ------ ------ NOT TO INTERFERE WITH OR PRECLUDE THE OCCUPATION AND USE THEREOF BY OTHER ENTITIES FOR ILLINOIS, WHICH IS EXERCISING THE SPECIAL POWERS AUTHORIZED BY DIVISION 12 CITY ADMIN/STRA TOR WHICH SUCH EASEMENTS ARE GRANTED AND RESERVED. THE CROSSING AND RECROSSING OF SAID OF AR77CLE 11 OF THE ILLINOIS MUNICIPAL CODE AS AMENDED. DATED AT YORKVILLE, ILLINOIS THIS __ _ _ DAY OF , 2005, EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL BE DONE IN SUCH A MANNER SO AS NOT TO INTERFERE WITH, DAMAGE, OR DISTURB ANY TRANSMISSION AND DISTRIBUTION SYSTEMS AND GIVEN UNDER MY HAND AND SEAL AT ILLINOIS, THIS FACILITIES APPURTENANT THERETO EXISTING WITHIN THE EASEMENTS BEING CROSSED OR ..._._.DA Y OF RECROSSED. NO USE OR OCCUPATION OF SAID EASEMENTS BY THE ABOVE NAMED ENTITIES SHALL CAUSE ANY CHANGE IN GRADE OR IMPAIR OR CHANGE THE SURFACE DRAINAGE PATTERNS. FOLLOWING ANY WORK TO BE PERFORMED BY THE UNITED CITY OF YORKVILLE IN THE EXERCISE OF ITS ------- CITY ENGINEER ILLINOIS PROFESSIONAL LAND SURVEYOR, N0. 035- 003359 EASEMENT RIGHTS HEREIN GRANTED, SAID CITY SHALL HAVE NO OBLIGATION WITH RESPECT TO License Expires 11/30/2006. Q/71 G+« �� A SURFACE RESTORATION, INCLUDING BUT NOT LIMITED TO, THE RESTORATION, REPAIR OR REPLACEMENT OF PAVEMENT, CURB, GUTTERS, TREES, LAWN OR SHRUBBERY, PROVIDED, HOWEVER, THAT SAID CITY SHALL BE OBLIGATED, FOLLOWING SUCH MAINTENANCE WORK, TO BACKFILL AND MOUND ALL TRENCH CREATED SO AS TO RETAIN SUITABLE DRAINAGE, TO COLD PATCH ANY ASPHALT STATE OF ILLINOIS) OR CONCRETE SURFACE, TO REMOVE ALL EXCESS DEBRIS AND SPOIL, AND TO LEAVE THE =10GE AMA 06CLOSAW NO 77C )ss MAINTENANCE AREA IN A GENERALLY CLEAN AND WORKMANLIKE CONDITION. COUNTY OF KENDALL) ALL LOTS WTHIN THIS SUBDIVISION ARE INCLUDED WITHIN THE UNITED CITY OF APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE YORKVILLE SPECIAL SERVICE NUMBER 2004- AND ARE SUBJECT TO AN ANNUAL TAX LEVY IN ACCORDANCE WITH THE PROVISIONS OF CITY ORDINANCE UNITED CITY OF YORKVILLE, ILLINOIS, THIS __.,___..__DAY OF......- � 20__ . NO. 2004-._,__�, "AN ORDINANCE ESTABLISHING UN17ED CITY OF YORKOLLE � SPECIAL SERVICE AREA NO, 2004-...,.__. " ADOPTED BY THE CITY COUNCIL ON 200_ AND FILED FOR RECORD IN THE RECORDER 'S OFFICE OF KENDALL COUNTY ON ____ _, 200_ AS DOCUMENT NUMBER MAYOR--------- -------- CITY CLOWS CTMA.j NOTE: . STATE OF ILLINOIS) )ss FINAL PLAIT OF SUBDIVISION * No distance should be assumed by scaling. COUNTY OF KENDALL) * No underground improvements have been located unless shown BRISTOL BAY P.U,D, and noted. Kendall Gvunty 7us 1 oogs rc,'I :ruu100( i n igrici. ifwiv irlu nc Of * No representation as to ownership, use, or possession should be APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE that farming continues to play in shaping the economic viability of the country, UNIT IO hereon implied. property that supports this Industry is indicated by a zoning indicator - A - ) YORKVILLB, ILLINOIS * This Survey and Plat of Survey are void without original embossed UN17ED CITY OF YORKWLLE, ILLINOIS, BY ORDINANCE No. _�_�__M_�__ _ or red colored seal and signature affixed. jr Ag Special Use. Anyone constructing a residence or facility near this zoning * This professional service conforms to the current Illinois minimum should be aware that normal agricultural practices may result in occasional p AT A MEETING HELD THIS ......DAY OF_____-_ , 20___. smells, dust, sights, noise and unique hours of operations that are not tvt7lca/ DATE: PROJECT NO• standards for a boundary survey and was performed for: 9 9 P REVISIONS DWN BY: INT: n other zoning areas. CENTEX HOMES L tat=s I e/t2 106 JGS 06109106 CETX- 060305- 4 Compare your description and site markings with this plat and 2. DSN BY: INT: HORIZ SCALE: SHEET N0, 3. AT ONCE report any discrepancies which you may find. NIA NONE -�- CITY CLERK �- 40 CHK 8Y: INT: VERT SCALE: J OF J 5. 1 CLD NIA STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO.2006- RESOLUTION APPROVING THE FINAL PLAT OF SUBDIVISION FOR BLACKBERRY WOODS SUBDIVISION WHEREAS,the City Council of the United City of Yorkville has considered a Petition to approve the Final Plat of Subdivision for the Blackberry Woods Subdivision; and WHEREAS, the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Final Plat of Subdivision; and WHEREAS, the City Council has been advised that a clean up needs to take place upon the land dedicated to the City for park land. NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Final Plat of Subdivision for the Blackberry Woods Subdivision, is approved and all appropriate City officials are hereby authorized to execute same. The acceptance of the park area indicated on the plat is conditioned upon the clean up of the park land by the developer to the satisfaction of the City. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville,Kendall County, Illinois, this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 ak J .��o city United City of Yorkville s f �" 800 Game Farm Road EST. , ,::: 1836 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax:p 630-553-3436 August 17,2006 To: Mayor and City Council From: Travis Miller, Community Development Director PC 2006-33 Wal-Mart Rezoning and Preliminary Plan The petitioner is seeking to rezone approximately 6.22 acres of an approximately 34.75 acre site from the R-2 One-Family Residence District to the B-3 Service Business District as well as preliminary plan approval. The remainder of the site is already zoned in the B- 3 Service Business District. On June 14, 2006, the Plan Commission recommended approval of the rezoning and the preliminary plan. Staff recommends approval subject to addressing all staff comments. Refer to the following attached staff reports: • Preliminary Plat of Subdivision comments prepared by EEI June 8,2006 • BMP memo prepared by Joe Wywrot August 11, 2006 ZBA 2006-41 Variances The petitioner is seeking the following variances from the Zoning Ordinance: a. a variance from Section 10-7D-6 of the Zoning Ordinance to allow a building height of 30 feet eight inches with parapets extending to a height of 41 feet eight inches, instead of the maximum allowable height of 35 feet; b. a variance from Section 10-11-3E of the Zoning Ordinance to allow five entrances with 36 foot curb cuts to allow easier access for trucks and customer vehicles, instead of the maximum allowable width of 25 feet; and C. a variance from Section 10-11-3C of the Zoning Ordinance to allow parking space dimensions of 9.5 feet by 18 feet, instead of the required dimensions of 19 feet by 9 feet for 60° spaces and 8.5 feet by 18.5 feet for 90° spaces. On August 8, 2006,the ZBA made recommendations to approve these variances from the Zoning Ordinance, noting that their recommendation as to the building height variance was tied to the petitioner's willingness to construct monument signs on the site, rather than pole signs. On August 15, 2006, staff noted that an intervening ordinance increased 1 the maximum allowable building height in the B-3 Service Business District to the lesser of six stories or 80 feet, and that the variance to allow a building height of 41 feet eight inches is now unnecessary. The petitioner is also seeking the following variances from the sign provisions of the City Code: a. a variance from Section 8-11-4C2 to allow an additional freestanding pole sign in the interior of the parking lot to provide direction to customers as to the location of the Tire Lube Express("TLE"); b. a variance from Section 8-11-4C2 to allow a height of 30 feet on each of the two Wal-Mart Supercenter pole signs; C. a variance from Section 8-11-4C2 to allow 140.5 square feet on each of the two Wal-Mart Supercenter pole signs; and d. a variance from Section 8-11-40a to allow 19 signs on the front fagade, five on the drive-thru side of the building and eight on the TLE side of the building. On August 8, the ZBA made the following recommendations: i. to approve the variance from 8-11-C3a to allow fagade signage in accordance with the depictions prepared by the petitioner's architect and submitted to the City; ii. to disapprove the variances from Section 8-11-4C2 to allow increases in height and area for each of the two Wal-Mart Supercenter pole signs, but in the alternative, to approve two Wal-Mart Supercenter perimeter signs, provided that such signs are monument signs, no taller than eight feet, with an area not to exceed 100 square feet, and constructed in harmony with the building's style and design; and iii. to disapprove the variance from Section 8-114C2 to allow an additional freestanding pole sign in the interior of the parking lot to provide direction to customers as to the location of the TLE, but in the alternative, to approve a Wal- Mart TLE sign located in the interior of the parking lot provided that such sign is no taller than eight feet, with an area not to exceed 32 square feet, and constructed in harmony with the building's style and design. The ZBA noted that their recommendation as to the fagade signage variance was also tied to the petitioner's willingness to construct monument signs on the site, rather than pole signs. On August 15, the Committee added one recommendation, that Wal-Mart be allowed to construct a total of(2) two TLE signs, provided that such signs comport with the criteria recommended by the ZBA. 2 `��o ciry United City of Yorkville Memo � M �" 800 Game Farm Road En 1636 Yorkville, Illinois 60560 Telephone: 630-553-8545 Fax: 630-553-3436 LE Date: August 11,2006 To:Travis Miller, Community Development Director From: Joe Wywrot, City Engineer CC: John Crois,Interim City Administrator Subject: Walmart—Stormwater BMP's Below find a list of typical stormwater Best Management Practices (BMP's)that could be used at the Walmart site to help cleanse the stormwater before it enters the proposed Hamman infiltration basin. The stormwater should be as clean as possible before entering the storm sewer system to keep the infiltration basin from clogging and to minimize the potential for groundwater contamination. • Less pavement.The number of parking stalls proposed probably far exceeds the city's minimum parking requirements. • Porous pavement in all or certain areas to help stormwater infiltrate into the ground. • Direct the runoff from paved areas to open-graded aggregate drains along the pavement edge.These drains would extend down to the natural sand layer, and could have a perforated underdrain system. • Direct the runoff from paved areas to vegetated swales before entering the storm sewer system. • Rain gardens.These are intentionally depressed vegetated areas with deep-rooted plants that would collect runoff from paved areas.For larger storms,they would discharge excess stormwater to the storm sewer system. • Catch basins at all drains. • Oil separators at strategic locations. • A frequent pavement sweeping program. • A comprehensive schedule and funding mechanism for maintenance of the detention basin and Walmart's onsite BMP's. In addition to the above items,there are several websites that list structural and non- structural stormwater BMP's for urban settings.If you have questions regarding any of these suggestions,please see me. 52 Wheeler Road • Sugar Grove, IL 60554 TEL:630/466.9350 FAX: 630/466-9360 www.eeiweh.com Engineering Enterprises, Inc. June 8, 2006 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Preliminary Plat of Subdivision Yorkville Crossings Unit f (Wa1Mart Supercenter#4462-00) United City of Yorkville, Kendall County, Illinois Dear Mr. Wywrot: We have reviewed the following submitted material for the referenced Preliminary Plat of Subdivision submittal: • Preliminary Plat of Yorkville Crossings Unit 1 prepared by Atwell-Hicks dated June 1, 2006 consisting of two sheets. The submittal is a result of the discussions at the May 25th Plan Council, where Atwell Hicks was encourage to submit the plat for the Walmart site as a separate unit for the sake of expediting the process. No other materials, such as revised preliminary engineering, were submitted for review. Preliminary Plat 1. Text size should be a minimum size of 8 point. There are several occurrences of text which need correction. The texts labeling the contour elevations should be to this minimum. 2. All lots should have complete perimeter dimensioning, specifically edits should be made to place distances on the South lines of Lots 1 and 3 through 6 at the proposed right of way line. Additionally the sidelines of these same lots should have dimensions adjusted to be distances terminated at the proposed right of way line. 3. Labeling should be added to define Line "A" mentioned in the legal description. 4. The northerly line of the existing U.S. Route No. 34 Right of Way should be labeled. G:\Public\Yorkville\2004\Y00428 WalMart-Countryside-Route 34\dots\Iwywrot02.doc Consulting Engineers Specializing in Civil Engineering and Land Surveying 5. The areas (sq. ft. and acres) of Lots 1, 3 through 6 should show only the actual area of the lot excluding the proposed right of way. 6. The section and quarter lines underlying the subdivision should be shown and labeled on the plat. 7. A typical lot detail, showing building setback and easements should be added to the plat. Setbacks and easements can be shown on the individual lots as an alternative. Reference B-3 zoning ordinance. 8. The 10' wide Detention Easement along the East line of Lot 1 should be labeled drainage and utility easement. 9. Parking Setback lines should not lie closer to a property line than an easement line (parking setback lines should not fall within easements). 10.Easement provisions developed by the United City of Yorkville are Public Utility and Drainage, Landscape Buffer, Stormwater Management and Pedestrian and Bike Trail. The easements on this plat should be labeled using this language. The United City of Yorkville developed Easement Provision language and format can be obtained by request and needs to placed on the Final Plat (this information mentioned here to help expedite future Final Plat approval). 11.Sanitary sewer, storm sewer and watermain shown on the preliminary engineering, when not servicing an individual lot, should be placed in a Village Utility Easement. Review the engineering and place said easements where needed and dimension. 12.Certificates will need to be placed on the final Plat in the language and format developed by the United City of Yorkville and can be obtained by request (this information mentioned here to help expedite future Final Plat approval). 13.The Parking Setback lines should be shown and labeled along the northerly property lines of Lots 1 and 2. 14.The name and addresses of the Owner, Subdivider/Developer should be provided on the plat. 15.The gross area of the proposed subdivision should be placed on the plat. Additionally the area of the right of ways to be dedicated by this subdivision should be noted. G:\Public\Yorkville\2004\Y00428 WaNart-Countryside-Route 34\dots\Iwywrot02.doc 16.The abbreviated legal description under the heading of this plat should reference all the sections mentioned in the legal description. Additionally this legal should terminate with "In the United City of Yorkville, Kendall County, Illinois". Our review will continue as the above comments are addressed by the developer and the design engineer. If you have any questions or require additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. William E. Dunn, P.E. Senior Project Manager Mark G. Scheller, P.L.S. Project Manager pc: Bart Olson, Assistant City Administrator Lynsey Johnson, Administrative Assistant Travis Miller, Community Development Director Chuck Gilmore, Atwell-Hicks JWF/JTW, EEI G:\Public\Yorkville\2004\YO042B WalMart-Countryside-Route 34\docsUywrot02.doc E®Cc STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2006- AN ORDINANCE REZONING CERTAIN PROPERTY (Wal-mart) WHEREAS, Don and Carol Hamman are the legal owner of record of property described on Exhibit"A" attached hereto and incorporated herein(the Property), and WHEREAS Walmart, Inc (through its engineers, Atwell-Hicks) developer of the Property has made application by petition for the rezoning of the Property, and WHEREAS,the Yorkville Plan Commission has recommended the rezoning of the property as B-3 —Service Business District. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS UPON MOTION DULUY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING, THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property as B-3 Service Business District as described in attached Exhibit "A" (Legal Description of the Property). 2. This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Exhibit A LEGAL DESCRIPTION THE PART OF SECTIONS 27 AND 28,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY,ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL LOCATION OF A STONE IN THE CENTER LINE OF THE ORIGINAL BRISTOL AND OSWEGO ROAD PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND THENCE NORTH 35 030' WEST, 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22;THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 93 023'07"WITH THE CENTER LINE OF U.S.ROUTE NO.34(MEASURED FROM THE NORTHEAST TO NORTHWEST)60.10 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF ROUTE 34 PER DOC NO'S 200200008969;THENCE SOUTH 55 013'22"WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE,A DISTANCE OF 2399.57 FEET FOR THE PLACE OF BEGINNING;THENCE CONTINUING SOUTH 55°13'22"WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE,A DISTANCE OF 80.00 FEET;THENCE NORTH 34°46'38"WEST,A DISTANCE OF 262.38 FEET;THENCE NORTH 79°46'38" WEST,A DISTANCE OF 26.87 FEET;THENCE SOUTH 55°13'22"WEST,A DISTANCE OF 185.08 FEET; THENCE SOUTH 34 046'38"EAST,A DISTANCE OF 281.38 FEET TO THE AFORESAID NORTHERLY RIGHT OF WAY LINE OF ROUTE NO.34;THENCE SOUTH 55°13'22" WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE,A DISTANCE OF 707.79 FEET;THENCE NORTH 82°24'13"WEST,A DISTANCE OF 77.16 FEET TO THE NORTHERLY LINE OF COUNTRYSIDE PARKWAY;THENCE NORTH 34°47'02"WEST ALONG THE NORTHERLY RIGHT OF WAY LINE OF COUNTRYSIDE PARKWAY,A DISTANCE OF 54.44 FEET TO A POINT OF CURVATURE;THENCE NORTHERLY ALONG SAID NORTHERLY RIGHT-OF-WAY LINE BEING A CURVE TO THE LEFT OF THE LAST DESCRIBED COURSE EXTENDED AND HAVING A RADIUS OF 1500.00 FEET,AN ARC DISTANCE OF 1087.00 FEET;THENCE NORTH 33°32'06" WEST,A DISTANCE OF 36.38 FEET;THENCE NORTH 09°05'57"EAST,A DISTANCE OF 44.24 FEET TO A POINT OF CURVATURE;THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT OF THE LAST DESCRIBED COURSE EXTENDED AND HAVING A RADIUS OF 360.00 FEET,AN ARC DISTANCE OF"289.80 FEET;THENCE NORTH 55°13'22"EAST,A DISTANCE OF 1135.43 FEET;THENCE SOUTH 34°46'38"EAST,A DISTANCE OF 1280.00 FEET TO SAID THE NORTHERLY RIGHT OF WAY LINE OF SAID ROUTE 34 AND THE PLACE OF BEGINNING. CONTAINING 33.43 ACRES OF LAND.MORE OR LESS STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2006- RESOLUTION APPROVING THE PRELIMINARY PLAN FOR PROPERTY COMMONLY REFERRED TO AS THE WAL-MART PROPERTY WHEREAS, the City Council of the United City of Yorkville has considered a Petition to approve the Preliminary Plan for the parcel commonly referred to as the Wal-mart property; and WHEREAS,the City Council of the United City of Yorkville has received a positive recommendation from the Plan Commission of the United City of Yorkville recommending approval of said Preliminary Plan; and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, the following action is hereby taken by the City Council of the United City of Yorkville: 1. The Preliminary Plan for the Wal-mart Property is approved as presented subject to staff comments and all appropriate City officials are hereby authorized to execute same. JAMES BOCK JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved b me as Mayor of the United City of Yorkville Kendall County, PP Y Y tY , t3', Illinois,this Day of A.D. 2006. MAYOR Passed by the City Council of the United City of Yorkville,Kendall County, Illinois this day of A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560