The URL can be used to link to this page

Ordinance 2003-48 2004C 01ti 57359 t:i I?d for Record in K.ENDALL COUNT"Yr ILLINUI'i PAUL ANDERSON STATE OF ILLINOIS ) 03-10-21-104 At i i .:i 4r. P m- ) ss ORDINANC:E 21,'JU COUNTY OF KENDALL ) ORDINANCE NO. 2003-q% Auppi SS P AN ORDINANCE AUTHbRIZINNG THE EXECUTION OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF NORTHERN TRUST BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 11, 1978 AND KNOWN AS TRUST NO.TH00182 WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County,Illinois,that a certain Annexation and Planned Unit Development Agreement pertaining to the annexation and 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 Annexation and 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 Agreement and to perform the obligations as required hereunder; and WHEREAS,the statutory procedures provided in 65 ILCS 5/11-15.1-1 (2002),as amended, for the execution of said Annexation and Planned Unit Development Agreement has been fully complied with; and WHEREAS,the property is contiguous to the City. 1 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1:That the Mayor and City Clerk are herewith authorized and directed to execute,on behalf of the City, an Annexation and Planned Unit Development Agreement concerning the annexation and development of the real estate described therein, a copy of which Annexation and 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 V VALERIE BURD PAUL JAMES LARRY KOT MARTY MUNNS - q ROSE SPEARS RICHARD STICKA APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this c2and day of �u ly ,A.D. 20 j � MAYOR 2 PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this ad„4 day of S k IV , A.D. 20 � . Attes . �.l�Cl R Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 3 20041 0005742 Filed for Record in K.ENDALL COUNTY► ILLINOIS STATE OF ILLINOIS ) P UL ANDERSON )68. 03:08 an. )ss' ANNEX AGREE 47.00 COUNTY OF KENDALL ) ThNodhrn Tr s Company, Successor by Merger to ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT 4r BETWEEN THE UNITED CITY OF YORKVILLE AND NORTHERN TRUST BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 11,1978 AND KNOWN AS TRUST NO.TH00182,OWNER OF RECORD NOW COMES,NORTHERN TRUST BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 11, 1978 AND KNOWN AS TRUST NO.TH00182, Owner of Record of certain real property described in the attached Exhibit"A",and the UNITED CITY OF YORKVII,LE,an Minois Municipal Corporation,who hereby inter into this Annexation and Planned Unit Development Agreement to supplement and in addition to the Petition for Zoning and Annexation,Petition for Preliminary Plat approval,and drawings submitted therewith,including the approved Preliminary Plat of Subdivision and proposed Final Plats of Subdivision to be approved by the City Council of the UNITED CITY OF YORKVILLE upon the following terms and conditions and in consideration of the various agreements made between the parties they agree as follows: 1) WHEREAS,each party agrees that it is in the best interests of the OWNER and the CITY to annex and develop the subject real property described in the attached • —1— Exhibit"A'as a Development establishing a unique character and to provide for the orderly flow of traffic in the development and to adjoining real property; as well as to provide two(2)diverse zoning classifications therein; and 2) WHEREAS, each party agrees that it is in the best interest of the local governmental bodies affected and the OWNER to provide for specific performance standards in the development of the subject property because of the unique development proposed therein; and 3) WHEREAS, each party agrees that an impact will be had on the services of the CITY by development of said real property; and 4) WHEREAS,the OWNER has agreed to perform certain requirements pursuant to this Agreement as well as made by Ordinances by the CTIY. 5) WHEREAS,the subject real property is located contiguous to the corporate boundaries of the CITY; and is not located within the corporate boundaries of any _ other municipality;nor is any portion thereof classified as flood plaint;and 6) WHEREAS,OWNER desires to annex the said real property described in the attached Exhibit"A,into the CITY,its Plan Commission has considered the Petition and recommended annexation,zoning as hereafter set out,and approval of a Preliminary Plat of Subdivision, and the City Council has heretofore both requested and approved the proposed land use and the zoning of the same at the request of OWNER and the CITY; and 7) WHEREAS,all parties to this Agreement desire to set forth certain terms and conditions upon which the land heretofore described will be annexed to the CITY —2— in an orderly manner,and g) WHEREAS,OWNER and its representatives have discussed the proposed annexation and have had public meetings with the Plan Commission and the City Council, and prior to the execution hereof,notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided;and continued from time to time thereafter: NOW THEREFORE,for and in consideration of the mutual promises and covenants herein contained,the parties agree, as follows: A) The subject real property described in the attached Exhibit"A"shall be annexed to the CITY and zoned in conformance with the zoning classification set forth in the legal descriptions set out in Exhibits`B-1"and`B-2"attached hereto and n incorporated herein by reference and as depicted-in the approved I' § t 1, rl of Subdivision,a copy of which is attached as Exhibit"C"and made apart hereof, and which is dated o 200J providing for R-4 General Residential District as to the legal description attached hereto and set forth herein as Exhibit "13-1"; and B-3 Service Business District as to the legal description set forth herein as Exhibit"B-2". All of the subject real property shall be developed in general conformance with the approved Preliminary Plat of Subdivision attached hereto as Exhibit"C"and incorporated herein by reference. The subdivision shall further be developed and improved according to the Preliminary Landscape Plan, a copy of which is attached hereto and incorporated herein as Exhibit"D"in the —3— R-4 General Residential District; and in conformance with the City Landscape Ordinance within the B-3 Service Business District. If a conflict exists between the terms of this Agreement and the Subdivision Control Ordinance or the City Landscape Ordinance,this Agreement shall control. B) That R-4 General Residential District area of the development shall be governed by the following performance standards which shall when in conflict with the City Subdivision Control Ordinance shall take precedence: 1) Lot sizes shall be determined by the R-4 General Residential District zoning requirements in the United City of Yorkville Subdivision Control Ordinance guidelines and set out and calculated on the approved Preliminary Plat as set out in the attached Exhibit"C". 2) Front and side yard setbacks shall be in conformance with the standards set forth in the United City of Yorkville Zoning_and Subdivision Control Ordinance currently in effect at the date of execution of this Agreement by the CITY. 3) Rear yard setbacks shall be in conformance with the standards set forth in the United City of Yorkville Zoning and Subdivision Control Ordinance currently in effect at the date of execution of this Agreement by the CITY unless otherwise modified by this Agreement or the approved Preliminary Plat. 4) OWNER shall with respect to the following described lots be permitted the specific setbacks described as follows: —4— a) Side yard setbacks for side yards fronting on a street will be 20 feet (20')- b) All other side yard setbacks shall be as per the United City of Yorkville Subdivision Control Ordinance in effect at the date the CITY accepts this Agreement. 5) That the OWNER shall pay cash contributions to the Yorkville Community School District#115 in lieu of land contributions for schools in conformance with the United City of Yorkville Land-Cash Ordinance in effect at the date of Final Plat approval as to each respective phase or unit of the R-4 General Residential District portions of the development. Attached hereto and incorporated herein as Exhibit"E"is a letter from the Yorkville School District#115 asking to receive cash in lieu of land contribution. For all residential phases of said subdivision,payment of these contributions shall be made per individual residential dwelling unit concurrent with and prior to the-issuance of the subject building permit for each respective dwelling unit. 6) The OWNER shall provide (estimated)acres of permanent open space as per the approved Preliminary Plat. OWNER/DEVELOPER shall contribute Land-Cash contributions for City Park purposes pursuant to the Land Cash Ordinance in effect at the date of Final Plat approval as to each respective phase or unit of the R-4 General Residence District portions of the Development. For all residential phases of said subdivision,payment —5— d) Liability insurance coverage for the trail system shall be maintained by the homeowners' Association. e) In order to provide for the maintenance of the Subdivision signage, common areas,open space, and trail areas,OWNER agrees to execute a consent to the creation of a Special Tax Service Area prior to execution of the First Final Plat of Subdivision by the CITY; and the CITY shall have approved Ordinances encumbering all residential units of said subdivision,in the event the Homeowners' Association fails to carry out its maintenance responsibilities, as to trails,common subdivision signage or other common areas of the subdivision. f) That the development of said property shall be subject to approval of all Ordinances of the CITY;Preliminary Plat of Subdivision, _ engineering consultant approval by CITY staff or outside review engineering as elected by the CITY and Final Plat approval by the City Council in conformance with the United City of Yorkville Zoning Ordinance,Subdivision Control Ordinance,United City of Yorkville Reimbursement of Consultants and of Review Fees Ordinance,United City of Yorkville Land-Cash Ordinance,and the United City of Yorkville Development Fee Ordinance,Which have been voluntarily contracted to between the parties and agreed to by OWNER as a condition of approval of the Planned Unit —7— of these contributions shall be made per individual residential dwelling unit concurrent with and prior to the issuance of the subject building permit for each respective dwelling unit. a) The OWNER shall install an 8 foot(8)wide continuous asphalt paved trail system,substantially as indicated on the approved Preliminary Landscape Plan(Exhibit"D"). In the event the OWNER or its successors,heirs,or assigns requests the CITY to accept a dedication of the trail system at any time in the future,the CITY shall not be under a duty to do so unless the trail system conforms to the then applicable CITY standards. OWNER shall be given a credit for the trail system and green areas accessible to the public as provided for in this Agreement in the amount of Dollars and 00/100 ownership of said perimeter trail system shall remain with the Homeowners' Association. OWNER shall be given a credit off of the Land-Cash Contribution for park purposes for said dedication as calculated under the CITY Ordinances now in effect. b) The OWNER shall grant to the CITY a permanent public pedestrian access easement to all green areas and trail system. c) The OWNEWHomeowners' Association shall maintain the trail system. —6— Development Agreement. OWNER,except to the extent varied by this Agreement,the Preliminary Plat and Final Plat of each unit of the subdivision, shall comply with all requirements as set out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time the Final Plat of Subdivision is approved by the CITY as to each unit of said subdivision. Development fees which are charges on a per residential unit basis by the CITY shall be payable for model homes in the R-4 General Residential Area at the time of issuance of occupancy permits by the CITY for each respective model unit. Further the water and sewer recapture fees due on the model units shall likewise be payable at the time of issuance of the occupancy permits for each respective model unit. - g) No change in the United City of Yorkville Zoning Ordinance, Subdivision Control Ordinance,United City of Yorkville Reimbursement of Consultants and of Review Fees Ordinance,and United City of Yorkville Development Fee,which have been enacted subsequent to the execution of this Agreement shall alter the lot sizes,setbacks,performance standards,or other standards or requirements for this development except as provided for in those Ordinances in effect at the time of execution of this Agreement. Owner,however,will be bound by changes in BOCA building —8— codes,building material changes and the like that may be enacted by the CITY,so long as the same are applied in a nondiscriminatory manner throughout the CITY. h) In the event any modifications or amendments occur in the United City of Yorkville Subdivision Control Ordinance or other Ordinances of the CITY affecting the subdivision that benefit OWNER, said modifications shall be effective as to the subdivision in the event OWNER desires to take advantage of any modifications or amendments that are enacted by the City Council after the date of execution of this Agreement. C) That the portion of the development zoned B-3 Service Business District shall be governed by the following performance standards which shall when in conflict with the United City of Yorkville Subdivision Control Ordinance shall takd precedence; 1) The required minimum front yard shall be 50 feet(50). Z) Setbacks for parking and internal roadways shall be shown on the approved Preliminary Plat attached hereto as Exhibit"C". D) That on-site infiastructure construction and engineering shall be governed by the standards contained in the United City of Yorkville Subdivision Control Ordinance and other applicable Ordinances unless specifically addressed in the following,in which case this Agreement shall control: E) Roadway right-of-ways,widths or streets,and roadway construction standards —9— shall comply with the requirements as set out on the approved Preliminary Plat and each phase of the Final Plats of Subdivision OWNER shall with respect to the following be permitted the specific variance described as follows: 1) In the event the CITY requires OWNER to oversize water mains, sanitary sewer mains,or storm sewer lines,the parties shall enter into a written agreement specifically providing that said costs shall be reimbursed by the CITY,or be the subject of a Recapture Agreement and Recapture Ordinance in favor of OWNER before OWNER is required to perform any oversizing;the exact amounts of said reimbursement shall be fixed after completion of the work when final costs are available. Z) Any storm water detention facility constructed on-site shall comply with the requirements as set out on the approved Preliminary Plat,Preliminary and Final Engineering Plans approved by the City Engineer. _ F) OWNER ENTUIBMENTS 1) a) The CITY shall grant a credit to OWNER in an amount equal to 1 3� . 00,00 off of the sanitary sewer hook-up fee for each residential building permit within said subdivision in exchange for Owner having granted to the City easements for the extension of a major sanitary sewer interceptor,watermain and utility easement running parallel with Greenbriar Road on real property owned by Owner at the time. —10— b) Water hook-up fees for the residential portion of the subdivision shall be frozen for a period of five years at the rates in effect upon Application for Annexation to the City of the subject Residential Parcel. 2) The development of the subject real property being approved as part of this Agreement shall be in substantial conformance with the Preliminary Plat attached hereto and incorporated herein as Exhibit"C". Deviations from this Agreement shall be allowed only if approved by majority vote of the City Council,or upon City Engineer's approval as to technical parts of engineering plans. 3) This Agreement shall inure to the benefit of and be binding upon the successors,heirs,and assigns of each party hereto. 4) If any portion of this Agreement were determined to be invalid by a court of competent jurisdiction the remaining portions thereof shall be in full force and effect between OWNER and the CITY. 5) This Agreement shall be binding upon each party hereto and in terms of performance for a period of twenty(20)yam• In the event construction is commenced within said twenty(20)year period all of the terms of this Agreement shall remain enforceable despite said time limitation,unless modified by written agreement by the CITY and OWNER. 6) The subject real property sought to be annexed by OWNER listed in this Agreement is intended to be developed by a third party, as DEVELOPER, —11— or future DEVELOPERS receiving an assignment of the rights of Owner herein. a) In the event the subject real property is annexed,zoned and this Agreement is approved,but the subject real property is not developed,for any calendar year in which development does not take place,the CITY shall rebate its portion of the real estate tax bill to the respective owner of record of the respective parcel of real property. 'n Any notices required hereunder shall be in writing and shall be sery ed upon any other party in writing and shall be delivered personally or sent by registered or certified mail,return receipt requested,postage prepaid, addressed as follows: If to the CITY: United City of Yorkville - Mayor Arthur F.Prochaska,Jr. 800 Game Farm Road Yorkville,IL 60560 With a copy to: United City of Yorkville's Attorney Law Offices of Daniel J,Kramer 1107A S.Bridge St. Yorkville,II. 60560 If to the OWNER: NORTHERN TRUST BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 11, 1978 AND KNOWN AS TRUST NO.TH00182 C/o One Oakbrook Terrace, Suite 802 Oakbrook Terrace,IL 60181 Of to such other addresses as any Ply may from time to time designate in —12— a written notice to the other parties. G) This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained, I) In the event any portion of this Agreement becomes unenforceable due to any change in Illinois Compiled Statutes or court decisions,said unenforceable portion of this Agreement shall be excised here from and the remaining portions thereof shall remain in full force and effect. I) The CITY agrees to adopt any Ordinances,which are required to give legal effect to the matters contained in this Agreement including but not limited to an Annexation Ordinance and an Ordinance authorizing the Mayor and City Cleric to execute approving Planned Unit Development/Annexation Agreement after due public hearing thereon,or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS THEREOF,the undersigned have hereunto set their hands and seals this I sj,day of 2003. UNITED CITY OF YORKVILLE, Kendall County,Illinois <" 1 /11'Z/- By: MAYOR Atte RK —13— The Northern Trust Company, OWNER: Successor. bi Morger to NORTHERN TRUST BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED SEPTEMBER 11, 1978 AND KNOWN AS TRUST NO.THOO182 and not personally or individually Vice President Exoneration provision restricting any liability of the Northern Trust Company either stamped on the reverse side hereof or attached hereto, is incorporated herein. notwithstanding, It is expressly understood and agreed by and between representations, undertakingstand agreements herein made and that each and all of the warranties,indemnities, p purporting to be warranties,indemnities,representations,covenants,undertakings the part of the Trustee while in form pure S agreements of said Trustee are nevertheless each and every one by the Trustee ton for he purpose oral warranties, indemnities,representations, covenants,undertakings an agreements tion of binding said Trustee personally but are made and intend edu ed and delivered by binding aid Trustee not portion its own e mten trust property specifically described herein, and this instrument is ex but solely in the exercise of the powers conferred upon it as such Trustee ain d that The Nor he n Trust Company or any right,b Y responsibility is assumed by nor shall at any time oneaccoun of this instrument on account of any warranty, indemnity, of the beneficiaries under said Trust Agreement, esentation,covenant,undertaking or agreement of the said Trustee,whether and releashis instrument contained,either c,,pressed or implied, all such personal liability,if any,being expressly Prepared by: Law Offices of Daniel J,Kramer 1107A S.Bridge Street Yorkville,Illinois 60560 630.553.9500 —14— EXAIBTT LIST Exhibit"A" - Legal Description Exhibit`B-1" - Legal Description for area zoned R-4 General Residence District Exhibit`B-2" - Legal Description for area zoned B-3 Service Business District Exhibit"C" - Preliminary Plan dated 2/28/00 and revised 3/27/00,prepared by Leonard Dreas&Associates Exhibit"D" - (a)Preliminary Landscape Plan,(b)Mike Schoppe memo Exhibit"E" - School District letter —15— S. THE LAND REFERRED TO IN THIS COMMITMENT LS DESCMED AS FOLL)DWS: PARCEL 1: THAT PART OF THE EAST 1/2 OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMCING AT A POINT ON THE NORTH LINE OF SAID SECTION 5, IN THE CENTER OF A ROAD, WHICH POINT IS 33 FEET EAST OF THE SOUTHEAST CORNER OF HUGHES SUBDIVISION IN THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE WEST ALONG SAID NORTH LINE 1176.S0 FEET; THENCE SOUTH 11. 53' WEST 1989.4 FEET FROM POINT OF BEGINNINGI THENCE SOUTH 11. 53' WEST 1014.42 FEET TO THE NORTH LINE OF THE PREMISES IN QUESTION CONVEYED TO JOHN W. STAFFELDT AND WIFE BY DEED DATED SEPTEMBER 5, 1956 AND RECORDED SEPTEMBER 5, 1956 IN DEED RECORD 117, PAGE 195, AS DOCUMENT NUMBER 116037; THENCE NORTH 87.S• EAST ALONG SAID NORTH LINE 1888.92 FEET TO THE CENTER LINE OF ROUTE 47; THENCE NORTH ALONG SAID CENTER LINE TO A POINT NORTH 890 EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 89° WEST 1639.2 FEET TO THE POINT OF BEGINNING: (EXCEPT THAT PART FALLING WITHIN STATE ROUTE 47, AND EXCEPT THAT PART TAKEN FOR ROADS AS DESCRIBED IN DOC 9603142, ALSO EXCEPT THAT PART OF THE SOUTHEAST 1/4 OF SAID SECTION S, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON TrM NORTH LINE OF SAID SECTION 5, SAID POINT BEING 33 FEET EAST OF AN IRON PIN AT THE SOUTHEAST CORNER OF HUGHES SUBDIVISION AND 663.2 FEET WEST OF THE NORTHEAST CORNER OF SAID SECTION 51 THENCE SOUTH 60 00' EAST 2765.2 FEET; THENCE SOUTH 64. 23' WEST 40 FEET TO THE WEST <POW LINE OF ILLINOIS ROUTE 47 FROM THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 84° 23' WEST 100 FEET; THENCE SOUTH 66 00' EAST 140 FEET; THENCE NORTH 840 23' EAST 100 FEET TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE NORTH 6° WEST ALONG CENTER LINE 100 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF _ THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT A POINT ON THE - NORTH LINE OF SAID SECTION 5, SAID POINT BEGINNING 33 FEET EAST OF AN IRON PIN AT THE SOUTHEAST CORNER OF HUGHE'S SUBDIVISION AND 663.2 FEET WEST OF THE NORTHEAST CORNER OF SAID SECTION 5; THENCE SOUTH 060 EAST ALONG THE CENTER LINE OF STATE ROUTE #47, 2765.20 FEET TO A POINT; THENCE SOUTH. 84. 23' WEST, 60.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID STATE ROUTE #47 FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 840 23' WEST ALONG THE LAST DESCRIBED COURSE, 80.00 FEET; THENCE SOUTH 060 EAST PARALLEL WITH SAID CENTER LINE OF STATE ROUTE #47, 75.00 FEET; THENCE NORTH 84. 23' EAST, 40.00 FEET; THENCE NORTH 630 46' 47" EAST, 42.63 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF STATE ROUTE #47; THENCE NORTH 06• WEST ALONG SAID RIGHT OF WAY LINE, 60.00 FEET TO THE POINT OF BEGINNING, IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. S. TIM IAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: PARCEL 1: THAT PART OF THE EAST 1/2 OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID SECTION 5, IN THE CENTER OF A ROAD, WHICH POINT IS 33 FEET EAST OF THE SOUTHEAST CORNER OF HUGHES SUBDIVISION IN THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE WEST ALONG SAID NORTH LINE 1176.50 FEET; THENCE SOUTH 110 53' WEST 1989.4 FEET FROM POINT OF BEGINNING; THENCE SOUTH 11" 53' WEST 1014.42 FEET TO THE NORTH LINE OF THE PREMISES IN QUESTION CONVEYED TO JOHN W. STAFFELDT AND WIFE BY DEED DATED SEPTEMBER 5, 1956 AND RECORDED SEPTEMBER 5, 1956 IN DEED RECORD 117, PAGE 195, AS DOCUMENT NUMBER 116037; THENCE NORTH 87.50 EAST ALONG SAID NORTH LINE 1888.92 FEET TO THE CENTER LINE OF ROUTE 47; THENCE NORTH ALONG SAID CENTER LINE TO A POINT NORTH 89• EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 89° WEST 1639.2 FEET TO THE POINT OF BEGINNING: (EXCEPT THAT PART FALLING WITHIN STATE ROUTE 47, AND EXCEPT THAT PART TAKEN FOR ROADS AS DESCRIBED IN DOC 9603142; ALSO EXCEPT THAT PART OF THE SOUTHEAST 1/4 OF SAID SECTION 5, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID SECTION 5, SAID POINT BEING 33 FEET EAST OF AN IRON PIN AT THE SOUTHEAST CORNER OF HUGHES SUBDIVISION AND 663.2 FEET WEST OF THE NORTHEAST CORNER OF SAID SECTION 5; THENCE SOUTH 60 00' EAST 2765.2 FEET; THENCE SOUTH 840 23' WEST 40 FEET TO THE WEST cFOW LINE OF ILLINOIS ROUTE 47 FROM THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 840 23' WEST 100 FEET; THENCE SOUTH 60 00' EAST 140 FEET; THENCE NORTH 840 23' EAST 100 FEET TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE NORTH 60 WEST ALONG CENTER LINE 100 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. PARCEL 2: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT A POINT ON THE NORTH LINE OF SAID SECTION S, SAID POINT BEGINNING 33 FEET EAST OF AN IRON PIN AT THE SOUTHEAST CORNER OF HUGHE'S SUBDIVISION AND 663.2 FEET WEST OF THE NORTHEAST CORNER OF SAID SECTION 5; THENCE SOUTH 06° EAST ALONG THE CENTER LINE OF STATE ROUTE #47, 2765.20 FEET TO A POINT; THENCE SOUTH 840 23' WEST, 60.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID STATE ROUTE #47 FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 840 23' WEST ALONG THE LAST DESCRIBED COURSE, 80.00 FEET; THENCE SOUTH 06° EAST PARALLEL WITH SAID CENTER LINE OF STATE ROUTE #47, 75.00 FEET; THENCE NORTH 84. 23' EAST, 40.00 FEET; THENCE NORTH 630 46' 47" EAST, 42.63 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF STATE ROUTE #47; THENCE NORTH 06° WEST ALONG SAID RIGHT OF WAY LINE, 60.00 FEET TO THE POINT OF BEGINNING, IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PARCEL 1: THAT PART OF THE EAST 1/2 OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMCING AT A POINT ON THE NORTH LINE OF SAID SECTION 5, IN THE CENTER OF A ROAD, WHICH POINT IS 33 FEET EAST OF THE SOUTHEAST CORNER OF HUGHES SUBDIVISION IN THE SOUTHEAST 1/4 OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE WEST ALONG SAID NORTH LINE 1176.S0 FEET: THENCE SOUTH 11. 53' WEST 1989.4 FEET FROM POINT OF BEGINNING/ THENCE SOUTH 11. 53' WEST 1014.42 FEET TO THE NORTH LINE OF THE PREMISES IN OUESTION CONVEYED TO JOHN W. STAFFELDT AND WIFE BY DEED DATED SEPTEMBER 5, 1956 AND RECORDED SEPTEMBER 5, 1956 IN DEED RECORD 117, PAGE 195, AS DOCUMENT NUMBER 116037; THENCE NORTH 87.5• EAST ALONG SAID NORTH LINE 1888.92 FEET TO THE CENTER LINE OF ROUTE 47; THENCE NORTH ALONG SAID CENTER LINE TO A POINT NORTH 890 EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 890 WEST 1639.2 FEET TO THE POINT OF BEGINNING: (EXCEPT THAT PART FALLING WITHIN STATE ROUTE 47, AND EXCEPT THAT PART TAM FOR ROADS AS DESCRIBED IN DOC 9603142; ALSO EXCEPT THAT PART OF THE SOUTHEAST 1/4 OF SAID SECTION 5, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE NORTH LINE OF SAID SECTION 5, SAID POINT BEING 33 FEET EAST OF AN IRON PIN AT THE SOUTHEAST CORNER OF HUGHES SUBDIVISION AND 663.2 FEET WEST OF THE NORTHEAST CORNER OF SAID SECTION 5; THENCE SOUTH 6. 00' EAST 2765.2 FEET; THENCE SOUTH 8. 4. 23' WEST 40 FEET TO THE WEST cFOW LINE OF ILLINOIS ROUTE 47 FROM THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 84. 23' WEST 100 FEET; THENCE SOUTH 6. 00' EAST 140 FEET; THENCE NORTH 84. 23' EAST 100 FEET TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE NORTH 60 WEST ALONG CENTER LINE 100 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF KENDALL. ZENDALL COUNTY, ILLINOIS. bh'M PARCEL 2: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT A POINT ON THE NORTH LINE OF SAID SECTION 5, SAID POINT BEGINNING 33 FEET EAST OF AN IRON PIN AT THE SOUTHEAST CORNER OF HUGHE'S SUBDIVISION AND 663.2 FEET WEST OF THE NORTHEAST CORNER OF SAID SECTION S; THENCE SOUTH 06" EAST ALONG THE CENTER LINE OF STATE ROM #47, 2765.20 FEET TO A POINT; THENCE SOUTH 84. 23' WEST, 60.00 FEET TO A POINT ON THE WESTERLY RIGHT OF WAY LINE OF SAID STATE ROUTE #47 FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 84" 23' WEST ALONG THE LAST DESCRIBED COURSE, 80.00 FEET; THENCE SOUTH 060 EAST PARALLEL WITH SAID CENTER LINE OF STATE ROUTE #47, 75.00 FEET; THENCE NORTH 84. 23' EAST. 40.00 FEET; THENCE NORTH 63. 46' 47" EAST, 42.63 FEET TO A POINT ON SAID WESTERLY RIGHT OF WAY LINE OF STATE ROUTE #47; THENCE NORTH 06• WEST ALONG SAID RIGHT OF WAY LINE. 60.00 FEET TO THE POINT OF BEGINNING, IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. 0 0 CIO to O O . N d C} O Q to N W Z N Z � 11 Ni ) r r O . � pP N m m< Ld � W O Z L W o ] Q m = Jim L> . d 0 °° L O W O bJ Z . . - - %J) W 411111111 r, ❑ LY 0 LLI a A U 0 Lr) 0 A0 o j a i ,'Z," o cV � a Ill -mot vAJ •"ittJ . . o PIN >4 ry 00 O tJLLYCL ACC O V vVO ma w Z O Ill w to V1 0 p4 JWa0 v �. ^ y N o CL a 0 of Pill 04 [] o ..7 a -- w A X ' o Leg L-J! C N N .• in J i cam Q, 0 C-NU ° m a a H 0 v d u w 0 a o � LLI 0 I. . w w w w o M M Q U to al is O p O O o > m O o o o Q. . M N P M too A W Jill CL c z"v 0:% ° . Z N NW to a J _ w^ N$ p p W o .P- r W o O. _ 0 C . - �4 C O b CO J O F- a° L.c , lC d � M d @) @7 to LB `d d @) lC C7 to to O ,� ^ W}-z - O O _ C o ►17 •Ta v O E1 t\ Rf ix C o O ® .' 0 � 'U O H U Q 0. N M Q Z Z Q O 2 L4 . N A� G�pu4u44•��!'Sir Q Z Ell LLJ[!] W m V] In Jul (n En ca V2 M m w C) M rn cA m (A W tv :• a q ,:v(l/ E4 wwwwwwwwwwwwwwwwwwwa Q- � ; zI ._p All w x a x a a a a x a a x a a a a a x a v o Y _ z U U U U U U U V V U U U U U U U U U Q ` y , .� • Z d d d d d d d d d d d d d aC d a d d d m c j in r m , . O' ; _ g = � I F- � a W LM O 0 O O w im Ill 0 LLJ1 V) . � : O`dOl LLJ f c •:i� Ln m O O CQ Ct Ln CV to r4 co m 0 o to in co o a Co CA W r` Co m O W m m a 0 r m w e d 6y; c o 0 0 0 0 0 0 0 0 0 0 0 o a ® o o e Z �0 Q 0 v F-0 :w° � _ ''•••. . 44 . . . , 1 , 4•• I " - ` ` - .,-;•'_re�m.� _ _. .. .,�a.�. _ __:. -' -. ": 'fie "a, : . : _ ,: :. , ,T_-tea.:_, _ - (V L, p 'pl - - - v iU a v Li m o _ W - N. Z p 0 El J l j C4 O ..a .-4 C�2 CO eN L(1 m CO CA O .- 1 Cat @7 df O m t` CO O O o .-4 .••4 •••1 TJ H rr ti r-4 •" G--1 CQ LL) Q o % d i4 1 M Jill W O N � to vllll Y qh � Q O LLj W a _ aLd m� Z M w rn � Q to We go IP Im _ _ - d lot• ( �Lfi� • LL2i gIVIS SIONIT10 LLMILLS aOQI1I9 ;n90 NU4- - J } Q M L4_Lill O 2 Jill Jllkl lllik 1;gri IT Iiiie �� ` Y IN diiiiiiii as bill fill 0 Jill will, - \ ` N m Ld Q I\ \19 \ / j I / _ \\ \ �� / , I \ - _ - \ \\ LLI \ \� � \ \ � \ // / / - / / \ I W o 10 \ \ \ \ /l fo L li ui ui ill w / \ � N"Ni it / J m iiiiii Vol Will, J ift Poll C) Pill CD M c° 40 / �- / / \ / 1 / - - -- - - J� 1 1- ir pa Poll J. C4 Jill I LIJ 3: Ljjj zJill -I / / Inich 0 Li \ / / �. ✓ \ \ �- / (� _ / Fri � W < ��c� I ( ' / \ \ \\ � / � ► / � i r , , w Q O r C) LLI M / _ � � - - / f_- � o > � zwZ P cn —� -- �— — Q ~ n' , _ 1� 1 / -�d Q�IV'I .OZ i � �— \ ✓ L- ~ q d J to 0 p 0 0 7 E s I _ I zzjn 0 _ � sr- Q cm I�La / � \ _� '� . � � -� WUZMO Zw ZOW II i) W and _ - , \ / La << 5 - � � � X Z Zw 30 dS 400M w �, -I Af-- os x sf Os es x er os x $r - x at �o "�x`a► `' \ I z o w o Q 3 0 a d o L'' o L`' rJ� _ -s 3w !_- ? O 0f- w ►- Q 0 ow _ Z D • -- 8J a '- \ o� \ 0 wun - ztn wto � ^ Z to w �- + 3 - m w _- •685 -- � --� �S+' -� � _ + �\ ' J � OZma OW OLD Cr Y z z � \ gt£7 b . r► 5iQ .0"6Z Qa ' ^ �_ \ Q I � WOw = jC ) 10 < Q - QU QU .�-c `\ N — r- " / m N -J Zz5F- Za Via ® gyp } gyp } I < \ i \` '° ►9 b x \ m O C ) www = O - w 2ww z = W = W / M 1.1 1 ` I V. 4 M I W F- = 2Sf- 2 wir 0Lrw W Zd Zd / N .o �-�.— - �� R \ gp Z F- F- F- 3 cn a o c) o c� m O O 00 e ° 4o _ -- vet > Q W X m 10-44 0 Kit 0 ng m N m CA A WIN 0 80 Q f ads \ 00 f t i 1 o / /.ao> \ Au ! iI W v W >F F �s ° V m $ Qf z IL Ld m I� t b �o` 0 'O Li - / \ f % I of 0 CL \ I I � Go Jill z pip in 1 I f�1 1 I m z Li\J 44 I I _ �''-° - / m I 6 i\ \ " r= n `� of ~ - m 4W.4 1[1 r 0 �-on(Q+ (Q� 1� Z Z _ yl !r• p\ W Z . : W m W 2 N CM Z_ IIZ 1 4� L� O C \ J Z Z MI H O.- N 4,. O m !- W J W J ♦ J N.in ILLS w \-f -�� g, � ( a o to 2 LL ° 'V � U x 5 J fl + o, <ift 90 :tQ111 \ 5,\ �c \ \ ( L�J O g r °' r W Z N < �` INC �- _ :v��A _ -. - t �j _ O \ \ �p' Oi0\ \ `7 \ 1 I M N Qi Z 4�4 W N < K N t_ M ^y (J W yZ� \ \\ � .iO , A .f' V 0 O ( LLJ ,. i I- Z fan . W T . Z INC W p N ~ O. 1<WO ►2- 0. S - a - Z `G Z • r W 2 U' N Z 2 2 W � \ O O .�•T. 0 � — \ Z O w W ~ 2 O O ' ^ S¢j 1,�1 ZZZ x --� � o �� x 09 k rs /g ' ,02,E < w a < �j z ~ U. ,,, W QJ if N .� ►' < . - W 4 LL 2 . t� . - O riliI\,, L Q {� {y Lai { ° , \ N9 X By 09 40 -. n S i W Q ^ O 4D . (Z� _ 1- Fm WU Re � a� O � W. ♦ 1- w . ,n . : Y I X . gy - y1 z K L�1 4J 1(011 v F CL J y2� W } is {� LW r p ~ J i•w Ill I ( S U ►- _Z 1� ^ . . < f- < x ~ . W N P v O W O W J 1 09 by I 1- + J ^ 1n r ZZZ LL Z f- LL N 4 �j € L J-6' X gy ►- z h e a a Zp Zn vpi Lig N < pg tr W {� � . \ _ \ ,.� /� U . . : . Z W GA 4< G. . 9 .9 ` . X .. m K_ O - ` ►- 2 . . _- U .. lam N � nt�a lyy y� Ill t7 W J W Q / '' � �� O O OO°< 1 O f` 2 C- la.J n O Q�7 Z V J W J Ol IWWr ~ <� 1�' iO p iiiiii,O O 1 O( i W N. W N N N O lVl 3 a 2 O Q ( `` H O / � � ° / ' (Z U (z2�� W r yW� y N O Fes . ~ ; Q . . : OI 2 O u'1 ~ Z o 0 O 100f : 0 a� WW^ I \ ° I U ,n \ Q/ - - V ' O Z F- ' ^ a. W O J _pill,Ld WWWW OVOI I �_ - � � '•ti ; J 71on�1 / \ \ \ `n U J. . fp . 0 4n W . . . >m F O0 N W . Q, `al !W- ~ �. N . O } .. 1O — � b11N3SNV� - � \ '- W Q a � � v4 � v� z � w x ,� 0 4a; Q 3 o v� oe�1s \� oZ� N�) \ / w x 3 W �p1 �_ J : 4"'4 Qa t7 bl� \ . F- I _ J . . . H Ln Z H S Q Vl F W Z p< '. 1- M � . .. W !( . LAJ Zt O V. ' F a . . 8. A 1� \ \ W I , Vl Q ` < !-. Q W < f/1. W — Z W Z. f/L } - �.. O F - 1V �� I Z. m LL J W N p yy�� J ►- ox Z tw-INK La w / S LL c, 4_ SS 05 y{41� n - , � a W I ZZZ ZZ y W pp 6 _m 4•- �j r O F yy. : W 2 C a pl < 1 a .. a 4- 3 J r K U 4 3 _Y , 3 0 O a C \ �� . g _ ,. 2 44i -• 0 2 1 h:. LL n < . t- fill— F p .. � O7 -t- . :W Q40 H . 0 INC : p \ . LL 4c p- ' - A te . > /- � . .Z. .. {N,� O y� y<� UZ- : H • ¢ Vi w E . . E � J J . ` tn 6. [L . . �7 : ^ W .: fn . 4. p . 3 1q� S . . 2 .. •t W 1i E '/� W Qi W !'�{ $ s 2 ° < ' !- U W r.l w o w a N.. ; 4- o N < m . W Z 2 . 1r�' : yy0�4 yJ .. O . W. Z.. . W Z Ill ax Ill/••• . lo- Pill- W Ol - fY W U: Z- Zp 3 I.J. !-. . . < 8 !W W � . q . .n .. , N a .. . r W J. V K:. : ((yN� Z . O U .. Z W yy,, UJ ZW O O 0 O< W Z N " W ..' Z GO) Z: W < Z Z _ . 2 . - .: > S S . 0 z m i 3 04/15/2002 10:16 6308963228 SCHOPPE DESIGN PAGE 02 Sc�oppe Design Associates Landscape Architecture and Land Planning 430 W. Downer Place Ph. (630) 696-2501 Aurora, IL 60506 Fax(630) 896-3228 April 15, 2002 MEMORANDUM TO: Tony Graff,City Administrator FROM: Mike Schoppe. Schoppe Design Associates RE: Hopkins Corner We have reviewed the Concept Plan dated 4/8/2002 for Hopkins Corner,prepared by Leonard Dreas&Associates. The following information is provided to assist you and the Plan Commission in reviewing the Concept Plan. General S&K Development is requesting annexation of a 37.4 acre parcel of land.Two zoning classifications are proposed for the property. The western three-quarters of the site is proposed to be R-3 P.U.D.and the eastern one-quarter to be B-3. A Concept Plan has been submitted to give the City a general idea of how they envision developing the site. There arc two formal actions being requested of the Plan Commission. The first is to determine if the property should be annexed to Yorkville. The second is to determine if the R-3 P.U.D. and the B-3 zoning is appropriate. A preliminary plan has not been submitted with this re-zoning request and therefore formal action on the plan is not needed at this time. However. the petitioner is requesting the Plan Commission's input on the Concept Plan. '['he Commissions comments should address the following: I. The appropriateness of the commercial land use,the size and the proposed access points. 2. The appropriateness of the residential land use,the density,the type of product being proposed and the general road layout. 3. The open space system including park areas,stormwater basins,and the existing tree line. 4. Othcr comments that the Commission might have. Existing Zoning and Surrounding Land Uses: The property is currently zoned A-] in Kendall County and is currently being farmed. A significant tree line exists along the west and north property lines. The surrounding land uses are as follows: North; Prairie Gardens Subdivision zoned R-3 and B-3. East: Route 47. South: Green Briar Road runs along the south property line. On the south side for Green Briar Road are Ground Effects and a vacant commercial lot,both zoned B-3,which occupy about two-thirds of the sites' eastern frontage. Extended west from the B-3, over the balance of the sites' frontage is Sunflower Subdivision zoned R-2. West: Green Briar Subdivision zoned R-2. Comprehensive Plan: The Comprehensive Plan identifies the western half of this parcel as Mixed Use-Offices,Office Research,and Commercial. The eastern half is identified as Commercial. �,�4 04/15/2002 10:16 6308963228 SCHOPPE DESIGN PAGE 03 Utilities: Water service will be provided by water mains located along Route 47 and Green Briar Drive. Sanitary sewer service for the site will be provide by a sanitary sewer line located along Route 47. Open Space: Based on the City's Land Cash Ordinance(ordinance no. 1996-3),the park dedication requirement is based on the proposed 87 units is approximately 2.2 acres. Zoning: The B-3 zoning generally allows for retail uses primarily oriented to highway traffic. The R-3 zoning allows for single family,two-family detached and multiple family dwellings. The maximum allowable density is 5.0 units per acre. We look forward to reviewing this information with you and the Plan Commission at the April 17'"meeting. Exhibit`B" LAND CASH DONATION Said School Letter setting out the land cash donation to the YORKVILLE SCHOOL DISTRICT #115 from the Owner/Developer shall be furnished by the Developer to the UNITED CITY OF YORKVILLE prior to the time of approval of the Final Plat of Subdivision. Schoppe Des' n Associates Landscape Architecture and Land Planning 430 W. Downer Place Ph. (630) 896-2501 Aurora, IL 60506 Fax(630) 896-3228 June 19,2002 MEMORANDUM To: Tony Graff, City Administrator From: Mike Schoppe, Schoppe Design Associates RE: Hopkins Corner As a follow up to our Plan Council meeting on June 13,our review comments of the Preliminary Plan dated 5/20/02 prepared by Leonard Dreas and Associates and the Landscape Plan are as follows: Preliminary Plan 1. Sidewalks should be shown along Greenbriar,and the internal streets. 2. The path to be placed in the easement along the west property needs to be shown so we can determine the proper location of the easement and its impact on the location of the detention basin and building locations as currently designed. We have attached a copy of the recommended trail alignment,which is shown over the tree survey we received from Richard Scheffrahn. This alignment accomplishes the Park Board's objective of locating the trail in a way that minimizes tree removal. The alignment also reflects keeping the edge of the trail a minimum distance of approximately 5' feet from the trees. 3. The grading operations for the stormwater basin and swales along the west property line should be kept 10'— 15' away from the trees. 4. The west line of the commercial should be moved 10' west so that the 30' landscape buffer is on the commercial property. 5. The Landscape Plan indicates berming in the 30' landscape easements along Greenbriar and between the commercial and residential uses. It appears that there is only 5'-20'between the berm and the building pads for possible rear yard drainage swales. Richard will prepare cross-sections of lots I and 6 showing the relationship between buildings,any swales and the berming. 6. As part of the P.U.D. ordinance,preliminary architectural elevations of the residential product need to be and submitted. 7. A prototype of a typical building cluster should be prepared to illustrate how the driveways might work for this product. Landscape Plans 8. Street tree plantings and Greenbriar Road and the internal streets need to be shown. 9. Additional plantings are required in the landscape easements along Greenbriar and along the commercial property. The total quantity of plantings in the Greenbriar easement is 32 shade trees,42 evergreen trees,and 210 shrubs. The planting requirements in the commercial easement are 17 shade trees,42 Evergreen trees and 25 ornamental trees. 10. A planting plan for a typical building cluster needs to be provided. H. General information such as project name,name of company preparing plan, date etc.need to be on Landscape Plan. If you have any questions regarding this information,please call. cc: Richard Scheffrahn,Leonard Dreas and Associates.