Ordinance 2004-01 200400002939
Filed for Record in
KENDALL COON"?r ILLIi'OI'
STATE OF ILLINOIS ) PAUL ANDERSON
132--03-2004 At 03:18 pm.
) ss ORDINANCE 23.00
COUNTY OF KENDALL )
ORDINANCE NO. 200§- 01
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT
BETWEEN THE UNITED CITY OF YORKVILLE,
A MUNICIPAL CORPORATION,AND
RAINTREE VILLAGE,LLC, OWNER/DEVELOPER,
AN ILLINOIS LIMITED LIABILITY CORPORATION
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County, Illinois,that a certain Amendment to Planned Unit Development Agreement pertaining to
the development of the real estate described on Exhibit"A" attached hereto and made a part hereof
entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS,said Amendment to Planned Unit Development Agreement has been drafted and
has been considered by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready, willing and able to enter into said Amended Agreement and to perform the
obligations as required hereunder; and
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1:That the Mayor and City Clerk are herewith authorized and directed to execute,on
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behalf of the City, an Amendment to Planned Unit Development Agreement concerning the
development of the real estate described therein, a copy of which Amendment to Planned Unit
Development Agreement is attached hereto and made a part hereof.
Section 2: That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
WANDA OHARE JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVE]jhy me,as Ma or of the United City of Yorkville,Kendall County,Illinois,this
0&ayof , A.D. 200 •:'
MAYOR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this
kf4, 4—day of , A.D. 200f
Attest
CIT CLERK
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Prepared by&Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
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EXHIBIT LIST
Exhibit"A" - "Full' legal description
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EXHIBIT "A"
LEGAL DESCRIPTION
CLUBHOUSE SITE
RAINTREE VILLAGE,UNIT ONE
THAT PART OF LOT 106, RAINTREE VILLAGE, UNIT ONE, BEING A
SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 4 AND PART OF
SECTION 9, ALL IN TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE,KENDALL
COUNTY, ILLINOIS,ACCORDING TO THE PLAT RECORDED JANUARY 13,
2004 AS DOCUMENT NO. 2004-938, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 106;
THENCE SOUTH 550 44' 24" WEST ALONG THE NORTHWESTERLY LINE OF
SAID LOT, 589.47 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 520
55' 31"EAST, 189.38 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT;
THENCE SOUTH 370 04' 29"WEST ALONG SAID SOUTHEASTERLY LINE,
413.55 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY
ALONG SAID SOUTHEASTERLY LINE, BEING A CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 67.00 FEET,AN ARC LENGTH OF
39.78 FEET, A CHORD BEARING OF SOUTH 54° 04' 59" WEST AND A CHORD
DISTANCE OF 39.20 FEET TO A POINT OF COMPOUND CURVATURE; THENCE
WESTERLY,NORTHWESTERLY AND NORTHERLY ALONG THE
SOUTHWESTERLY LINE OF SAID LOT, BEING A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF
47.52 FEET, A CHORD BEARING OF NORTH 54° 27' 16" WEST AND A CHORD
DISTANCE OF 40.68 FEET TO THE WEST LINE OF SAID LOT; THENCE NORTH
000 00' 00" WEST ALONG SAID WEST LINE, 192.26 FEET TO A POINT OF
CURVATURE; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE
NORTHWESTERLY LINE OF SAID LOT, BEING A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 265.00 FEET, AN ARC LENGTH OF
257.80 FEET, A CHORD BEARING OF NORTH 270 52' 12"EAST AND A CHORD
DISTANCE OF 247.76 FEET; THENCE NORTH 55° 44' 24"EAST ALONG SAID
NORTHWESTERLY LINE, 57.16 FEET TO THE POINT OF BEGINNING,
CONTAINING 78,845 S.F. \ 1.810 ACRES, MORE OF LESS.
i
200400002940
Filed for Record in
KENDALL COUNTYr ILLINOIS
STATE OF ILLINOIS ) PAUL ANDERSON -
02-03-2004 At 03:18 an.
)ss. AGREEMENT 24.00
COUNTY OF KENDALL )
AMENDMENT TO PLANNED UNIT DEVELOPMENT AGREEMENT
BETWEEN THE UNITED CITY OF YORKVILLE,
A MUNICIPAL CORPORATION,AND
RAINTREE VILLAGE,LLC,OWNER/DEVELOPER,
AN ILLINOIS LIMITED LIABILITY CORPORATION
NOW COMES the UNITED CITY OF YORKVILLE, a Municipal Corporation, located
in the County of Kendall, State of Illinois,hereinafter referred to as "CITY", and RAINTREE
VILLAGE, LLC, an Illinois Limited Liability Corporation,hereinafter referred to as
"OWNER/DEVELOPER".
WITNESSETH
WHEREAS,RAINTREE VILLAGE,LLC has become the Successor-Owner and
Developer of Raintree Subdivision formerly known as The Highlands Subdivision, and the CITY
have previously entered into a Planned Unit Development Agreement for said Subdivision; and
WHEREAS, a portion of the subject real property designated in the attached Exhibit"A"
was to be developed as open space pursuant to the Planned Unit Development Agreement; and
WHEREAS, after consultation with the City Park Board,Recreation Director, and City
Council the CITY has made a decision to accept the contribution of cash in lieu of the dedication
of the real property described in the attached Exhibit"A:; and
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WHEREAS, OWNER/DEVELOPER has agreed to take the real property described in the
attached Exhibit"A"and develop the same with a clubhouse facility for the benefit of the
residents of its development, and contribute the cash equivalent of the land that formerly was
going to be dedicated to the CITY for open space purposes as designated in the attached Exhibit
"A"pursuant to the United City of Yorkville Land-Cash Ordinance; and
WHEREAS, OWNER/DEVELOPER agree that ownership of said clubhouse facility
must be maintained for recreational purposes for the benefit of the residents of Raintree Village
or the public at large should the Homeowners Association allow public membership; and said
clubhouse facility may not be sold to a third party unless said third party maintains said
clubhouse facility for recreational purposes; and
WHEREAS,under the United City of Yorkville Land-Cash Ordinance,the CITY has the
right to elect to take cash in lieu of land and does agree to do so:
NOW THEREFORE, in consideration of the mutual covenants and promises herein
contained the parties agree as follows:
1) INCORPORATION OF RECITALS: All parties hereto agree that the above
contained recitals are an integral part of this Agreement and hereby adopt those
recitals as part of this Agreement.
2) REAL PROPERTY EFFECTED: This Amendment shall affect only the terms,
conditions, and general development plan as set out in the original Planned Unit
Development Agreement, and as described in the attached Exhibit"A".
3) OWNER/DEVELOPER hereby is authorized to construct a clubhouse for the use
of its residents of its subdivision,Raintree Village, on the site described in the
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attached Exhibit"A".
4) The CITY agrees that OWNER/DEVELOPER shall pay the sum of One Hundred
Four Thousand Four Hundred Dollars and 00/100 ($104,400.00) as the cash
equivalent for land-cash contributions in lieu of dedicating the site described in
the attached Exhibit"A"pursuant to the United City of Yorkville Land-Cash
Ordinance.
5) AUTHORIZATION OF AMENDMENT: OWNER/DEVELOPER warrant that
the parties hereto have full and express authority to enter into an Amendment of
the original Planned Unit Development Agreement to which this Amendment is
appended pursuant to that Agreement.
6) RATIFICATION: All parties hereto agree that except to the extent performance
standards or other terms of the original Planned Unit Development Agreement
have been amended herein, all other terms of the original Planned Unit
Development Agreement are hereby ratified,re-published, and reconfirmed
between the parties hereto and remain the agreement of the parties.
OWNER/DEVELOPER warrants that DEVELOPER shall stand in the position of
a successor and assign of OWNER as to all rights accruing under the original
Planned Unit Development Agreement.
7) SEVERABILI TY: Should any provision of this Annexation Amendment be
found to be unenforceable by a Court of competent jurisdiction,the remaining
terms and conditions of this Amendment to Planned Unit Development
Agreement as well as the original Planned Unit Development Agreement shall
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remain in full force and effect.
8) Notice until further notice shall be provided at the following addresses:
CITY: City Clerk
United City of Yorkville
800 Game Farm Rd.
Yorkville,IL 60560
Copy to: Attorney Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
OWNER/DEVELOPER: Greg Collins,Planning&Zoning Manager
Raintree Village,LLC
c/o Concord Homes, Inc.
1540 E. Dundee Rd., Ste. 350
Palatine, IL 60074
9) 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 Amendment shall be performed in a timely manner by all parties
hereto.
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IN WITNESS WHEREOF,the undersigned parties have executed this Amendment to
Planned Unit Development Agreement this 11
day of 2
CITY:
UNITED CITY OF YORKVILLE
Il By:
l-k C P---
Attest:
Dated:
OWNER/DEVELOPER:
RAINTREE VILLAGE, LLC,
An Illinois Limited Liability Corporation
By:
Attes
<5U-*
Dated: --0
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
5
EXHIBIT "A"
LEGAL DESCRIPTION
CLUBHOUSE SITE
RAINTREE VILLAGE, UNIT ONE
THAT PART OF LOT 106, RAINTREE VILLAGE, UNIT ONE, BEING A
SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 4 AND PART OF
SECTION 9, ALL IN TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS, ACCORDING TO THE PLAT RECORDED JANUARY 13,
2004 AS DOCUMENT NO. 2004-938, DESCRIBED AS FOLLOWS:
COMMENCING AT THE MOST NORTHERLY CORNER OF SAID LOT 106;
THENCE SOUTH 550 44' 24" WEST ALONG THE NORTHWESTERLY LINE OF
SAID LOT, 589.47 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 52°
55' 31"EAST, 189.38 FEET TO THE SOUTHEASTERLY LINE OF SAID LOT;
THENCE SOUTH 370 04' 29" WEST ALONG SAID SOUTHEASTERLY LINE,
413.55 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY
ALONG SAID SOUTHEASTERLY LINE, BEING A CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 67.00 FEET, AN ARC LENGTH OF
39.78 FEET, A CHORD BEARING OF SOUTH 540 04' 59" WEST AND A CHORD
DISTANCE OF 39.20 FEET TO A POINT OF COMPOUND CURVATURE; THENCE
WESTERLY,NORTHWESTERLY AND NORTHERLY ALONG THE
SOUTHWESTERLY LINE OF SAID LOT, BEING A CURVE CONCAVE
NORTHEASTERLY HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF
47.52 FEET, A CHORD BEARING OF NORTH 54° 27' 16" WEST AND A CHORD
DISTANCE OF 40.68 FEET TO THE WEST LINE OF SAID LOT; THENCE NORTH
000 00' 00" WEST ALONG SAID WEST LINE, 192.26 FEET TO A POINT OF
CURVATURE; THENCE NORTHERLY AND NORTHEASTERLY ALONG THE
NORTHWESTERLY LINE OF SAID LOT, BEING A CURVE CONCAVE
SOUTHEASTERLY HAVING A RADIUS OF 265.00 FEET, AN ARC LENGTH OF
257.80 FEET, A CHORD BEARING OF NORTH 270 52' 12" EAST AND A CHORD
DISTANCE OF 247.76 FEET; THENCE NORTH 55° 44' 24" EAST ALONG SAID
NORTHWESTERLY LINE, 57.16 FEET TO THE POINT OF BEGINNING,
CONTAINING 78,845 S.F. \ 1.810 ACRES, MORE OF LESS.