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Ordinance 2002-43 2"00300002283 Filed for Record in October 8, 2002 PAUL ENDALL COUNTY, ILLINOIS 01-23-2,003 At 02:53 PM. STATE OF ILLINOIS ) ORDINANCE 18.00 ss COUNTY OF KENDALL ) ORDINANCE NO. 2002 -q3 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AND DEVELOPMENT AGREEMENT OF AMG HOMES,INC. WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County,Illinois,that a certain Annexation and 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 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,as amended,for the execution of said Annexation and Development Agreement has been fully complied with; and WHEREAS, the property is contiguous to the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF -1- THE UNITED CITY OF YORKVIIrLE, 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 Development Agreement concerning the annexation and development of the real estate described therein, a copy of which Annexation and 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. MIKE ANDERSON 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 t-,�ZN) ,A.D. 2WD,. MAYO -2- PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this ��- day of Nam. ,A.D. 2GU Attest: CIT CLERK Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -3- EXHIBIT A LEGAL DESCRIPTION: THAT PART OF SECTION 19 AND ALSO THAT PART OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE'THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE,SOUTH 00 DEGREES 39 MINUTES 04 SECONDS EAST, ALONG -THE EAST LINE OF SAID SECTION 19, A DISTANCE OF 147.18 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 82 DEGREES 38 MINUTES 28 SECONDS EAST, A DISTANCE OI:1885.72 FEET; THENCE NORTH 04 DEGREES 21 MINUTES 17 SECONDS EAST, A DISTANCE OF 1549.81 FEET TO THE CENTERLINE OF FAXON ROAD; THENCE NORTH 80 DEG=REES 27 MINUTES 23 SECONDS WEST ALONG THE CENTERLINE OF FAXON ROAD, A DISTANCE OF 275.00 FEET; THENCE SOUTH 09 DEGREES 32 MINUTES 37 SECONDS WEST, A DISTANCE OF 460.00 FEET; THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST A DISTANCE OF 475.00 FEET; THENCE NORTH 09 DEGREES 32 MINUTES 37 SECONDS EAST, A DISTANCE OF 460.00 FEET TO THE CENTERLINE OF FAXON ROAD; THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST ALONG SAID ROAD CENTERLINE, A DISTANCE OF 3 1 9 ALONG T; THENCE NORTH 80 DEGREES 15 MINUTES 53 SECONDS WEST, CENTERLINE OF FAXON ROAD, A DISTANCE OF 765.83 FEET; THENCE NORTH 79 DEGREES 19 MINUTES 23 SECONDS WEST, ALONG SAID ROAD S 60 CENTERLINE, A DISTANCE OF 332.13 FEET; THENCE OEtJTH MINUTES 00 SECONDS EAST,A DISTANCE OF 698.12 FEE 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 130.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 971.15 FEET; THENCE OF 50.79 FEET TO THE DEGREES OINT OF BEGINNING,EAST, A DISTANCE INNING IN BRISTOL, TOWNSHIP, KENDALL COUNTY, ILLINOIS. AREA: 69.82 ACRES (INCLUDES AREA IN ROAD) 20031 X0002284 Filed for Record in KENDALL COUNTY, ILLINOIS PAUL ANDERSON 01-23-2003 At 03:i 2! p m. Revised December 2, 2002 ORDINANCE 50.00 STATE OF ILLINOIS ) ss. COUNTY OF KENDALL ) ao ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT TO THE UNITED CITY OF YORKVILLE KYLYN'S RIDGE YORKVILLE, ILLINOIS THIS ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT is made and entered into this l lr" day of_D ECA,01 B 4-47, , 2002, by and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois a municipal corporation, located in Kendall County, Illinois, hereinafter referred to as "CITY", and AMG HOMES, INC. hereinafter referred to as "OWNER/DEVELOPER" of the parcel described in Exhibit A. WITNESSETH WHEREAS, the OWNERIDEVELOPER is under contract to acquire the real property consisting of 69.83 acres more or less,described in Exhibit A,hereinafter referred to as the"subject property". WHEREAS, the OWNER shali become at the time of Annexation the owner of the subject property which lies generally west and contiguous to the existing corporate limits of the CITY and which is not located within the corporate boundaries of any other municipality; and WHEREAS, it is the desire of OW NL ER/DEVELOPER to provide for the annexation of the subject property and to develop the property in the CITY in accordance with the terms of this Agreement and the Ordinances of the CITY; and to provide that when said property is annexed, zoning will be granted at that time as R-2 Single Family Residence District; and WHEREAS,it is the desire of the CITY to annex the property and facilitate its development pursuant to the terms and conditions of this Agreement and the Ordinances of the CITY; and WHEREAS,the OWNER/DEVELOPER and CITY has or will perform and execute all acts required by law to effectuate such annexation; and -I- R ae WHEREAS,it is the intent of OWNER/DEVELOPER to design a storm water management system for the subject property that is in conformance with City Ordinances and a sanitary sewer system that will include a temporary lift pumping station to serve a portion of the property; and WHEREAS, all notices required by law relating to the annexation of the subject property to the CITY have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Compiled Statues; and WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly held all public hearings relating to annexation all as required by the provisions of the CITY'S Ordinances and Illinois Compiled Statutes; and WHEREAS,the OWNER/DEVELOPER and CITY agree that upon Annexation to the CITY 'the subject property as described in the Annexation Plat attached hereto and incorporated herein by reference as Exhibit `B", shall be placed in a R-2 Single Family Residence District and shall be developed in substantial compliance with the Preliminary Plat dated August 16, 2002 and revised September 10,2002 and prepared by J.Boada,Associates which is attached hereto and incorporated herein as Exhibit"C"; and WHEREAS, in reliance upon the development of the subject property in the manner proposed, OWNER/DEVELOPER and the CITY have agreed to execute all petitions and other documents that are necessary to accomplish the annexation of the subject property to the CITY; and WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65 ILCS 5/11-15.1-1 through 15.1-5, inclusive,relating to Annexation Agreements,the parties hereto wish to enter into a binding agreement with respect to the future annexation and zoning of the subj ect property and to provide for various other matters related directly or indirectly to the development of the property in the future, as authorized by the provisions of said statutes; and WHEREAS, pursuant to due notice and publication in the manner provided by law, the appropriate zoning authorities of the CITY have had such public hearing and have taken all further action required by the provisions of 65 ILCS 5/11-15-1.3 (2000) and the ordinances of the CITY relating to the procedure for the authorization,approval and execution of this Annexation Agreement by the CITY. NOW,THEREFORE,in consideration of the mutual covenants,agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois, the parties agree as follows: -2- C f3� 1. ANNEXATION. OWNER/DEVELOPER has or will file with the Clerk of the CITY a duly and properly executed petition pursuant to, and in accordance with the provisions of 65 ILCS 5/7-1-1 (2000) et seq. to annex the subject property and any adjacent roadways not previously Annexed to the City of Yorkville. 2. ZONING: A. Contemporaneously with the Annexation of the subject property, the CITY shall adopt an ordinance amending the provisions of the United City of Yorkville Zoning Ordinance so as to provide that the subject property shall be classified and shall zone the parcel R-2 Single Family Residence District. B. Contemporaneously with the Annexation of the subject property, the CITY shall,if necessary, amend its Comprehensive Plan to provide for the uses on the property that are reflected in this Agreement. C. The CITY and OWNER/DEVELOPER agree that the subject property shall be developed in substantial compliance with the ordinances of the CITY in effect at the time of passage of this agreement by the City Council of the UNITED CITY OF YORKVILLE,within a period of five(5)years from the date of execution of this Agreement. After the expiration of said five (5) years time frame, if there have been changes in the Subdivision Control Ordinances,Fee Ordinances,or Building Codes,the same shall be applied to the subj ect property as duly passed by the UNITED CITY OF YORKVILLE. 3. DEVELOPMENT OF THE SUBJECT PROPERTY. A. The development of the subject property can be done in phases or units. B. If at the time of development, the existing CITY roads right of way dedications and easements are not adequate to facilitate the road, storm sewers,water mains and other utility extensions,the CITY agrees to exercise its power of eminent domain,if necessary,to acquire such right of ways and easements from the existing limits to the boundary of the subject property being developed,and the cost and expense incurred by the CITY shall be paid by the OWNER/DEVELOPER and added to the recapture amounts, if any, described in this Annexation Agreement. C. Stormwater Management Facilities can be constructed in stages with capacity for stormwater detention based upon the need for each phase or unit of development. -3- 066 D. The CITY agrees to cooperate with the OWNER/DEVELOPER in the procurement and execution of all necessary applications for permit to the Illinois Environmental Protection Agency (IEPA), Illinois Department of Natural Resources and the U.S. Army Corps of Engineers, for the construction and use of the Sanitary Sewers,Water Mains and Storm Sewers. E. OWNER/DEVELOPER shall be bound by the terms and conditions of the required Compensatory Stormwater Ordinance attached hereto and incorporated herein by reference as Exhibit "D" for regulatory flood plain compliance whether or not actually enacted by the CITY prior to execution of this Agreement. 4. ANNEXATION TO YORKVILLE-BRISTOL SANITARY DISTRICT. OWNER/DEVELOPER agrees to file the necessary petitions and agreements to request annexation and sanitary sewer service for the subject property from the Yorkville-Bristol Sanitary District and the CITY shall provide a letter to Yorkville-Bristol Sanitary District indicating the CITY's desire to annex and have Yorkville-Bristol Sanitary District service the property. The subject real property has been identified by the CITY as being located within the Facility Plan Area of the Yorkville-Bristol Sanitary District as set out in the attached Exhibit "E", which is attached hereto and incorporated herein by reference. Petitioner shall he responsible for any Annexation Fees and hook-up charges to the Yorkville-Bristol Sanitary District. The Yorkville-Bristol Sanitary District has confirmed it has agreed to serve the subject property with sanitary sewer service and to the installation of a lift pumping station to serve temporarily approximately 84 lots of the development through the existing sanitary sewers within the Cannonball Estates subdivision and through the existing Cannonball interceptor, until that time when the interceptor along the Rob Roy Creek is installed to ultimately serve these 84 lots. CITY agrees to operate and maintain the lift pumping station until such time when the Rob Roy Interceptor is built and extensions of sanitary sewers from the subject property to the Interceptor are completed as part and responsibility of the development of the properties where the extensions take place. OWNER/DEVELOPER agrees that upon a)the completion of installation by others of the sanitary sewer extensions and b)the connection to the Rob Roy Interceptor and c)the ability to discharge the subject property sewage into the Sewage Treatment Plant, the OWNER/DEVELOPER agrees to reimburse the CITY of all cost related to the abandonment and/or removal of the temporary lift pumping station and abandonment in place of the related force main. 5. DONATIONS AND CONTRIBUTIONS. A. OWNER/DEVELOPER shall establish a Homeowner's Association for common areas,detention,and signage maintenance,if any,in the Subdivision -4- C$G at the time OWNER/DEVELOPER seeks approval of a First Final Plat of Subdivision for the subject property. B. OWNER/DEVELOPER shall further consent to the creation of a back-up Special Tax Service area for maintenance of common areas, detention, and signage,by the UNITED CITY OF YORKVILLE. Those documents shall be prepared and tendered to OWNER/DEVELOPER prior to the time of approval of this Annexation Agreement for execution as to said consent. C. 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; and One Thousand Two Hundred Dollars ($1,200.00) as City Development fees per residential dwelling unit to the United City of Yorkville,and other fees to the United City of Yorkville in conformance with the City Ordinances in existence at the date of approval of this Agreement or as modified herein. Said Transition, development, and other fees shall be paid per single-family residence concurrent with and prior to the issuance of each respective subject single-family building permit. Said fees are being paid voluntarily and with the consent of OWNER/DEVELOPER based upon this contractual agreement voluntarily entered into between the parties after negotiation of this Agreement. OWNER/DEVELOPER knowingly waives any claim or objection as to amount of the specific fees negotiated herein voluntarily. Recapture shall be permitted for any water main oversizing costs for the extension of water main along Faxon Road. D. (i) Attached hereto and incorporated herein as Exhibit "F" is a letter from the Yorkville School District indicating that it intends to recover a cash contribution from OWNER/DEVELOPER under the terms of Land-Cash Ordinance in affect with the UNITED CITY OF YORKVILLE, rather than a contribution of land. (ii) OWNER/DEVELOPER agrees to dedicate the park open space as required under the City Land-Cash Ordinance for park contribution as set out in its Final Plat and Engineering drawings. In the event there is any under-contribution in land pursuant to the terms of that Ordinance, any difference shall be calculated and paid under the Land-Cash Ordinance for park donation purposes and paid on a per lot basis at time of building permit. E. In the event that the"subject property"is located within any area subject to current recapture agreements or ordinance in force by the CITY, OWNER/DEVELOPER shall be bound to pay any amounts due thereunder. -5- The CITY discloses that the subject property is within the recapture area for the Cannonball Trail water and sanitary sewer areas,the exact calculation of the balances due thereunder should be verified by OWNER/DEVELOPER. F. OWNER/DEVELOPER shall be responsible to pay the CITY its proportionate acreage cost of the Rob Roy Creek Flood Study undertaken by the CITY with Engineering Enterprises,Inc.in the amount of Eight Thousand Eight Hundred Thirty-Five Dollars ($8,835.00) which shall be paid by OWNER/DEVELOPER prior to the CITY executing any Final Plat of Subdivision. G. Nothing contained herein shall waive the right of the CITY or YORKVILLE- BRISTOL SANITARY DISTRICT to require contribution on a non- discriminatory basis by OWNER/DEVELOPER for its proportionate share of cost for the Rob Roy Creek Interceptor should OWNER/DEVELOPER connect to the same. 6. OVERSIZING. In the event OWNER/DEVELOPER is required by the CITY to oversize and/or extend on-site any water,storm sewer or sanitary sewer lines to accommodate other properties,CITY agrees to require anyone connecting to said lines to pay the CITY, who then shall reimburse OWNER/DEVELOPER within 30 days of connection by the OWNER/DEVELOPER of any other parcel of real properly connecting to said improvements, for OWNER/DEVELOPER's costs in oversizing or extending said lines including costs for deepening, engineering fees, and other costs associated therewith. In the event the OWNER/DEVELOPER seeks said reimbursement,the parties agree that a separate Recapture Agreement shall be executed pursuant to and in compliance with the Illinois Compiled Statutes,Local Government Act governing the Recapture with the requisite Public Hearing being held and Requisite Recapture Ordinance being approved by the City Council, contingent on the percentage of the benefit to the OWNER/DEVELOPER and including the service area effected. CITY agrees to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and approving the same within a reasonable amount of time after those costs are ascertained. OWNER/DEVELOPER agrees to hold the UNITED CITY OF YORK V 1 LLE harmless and indemnify the CITY from any liability as a result of any Recapture imposed. 7. FAXON ROAD ON-SITE AND OFF-SITE IMPROVEMENTS. OWNER/DEVELOPER agrees to dedicate forty (40) feet right-of-way for the reconstruction of the Faxon Road within the boundaries of the subject property and agrees to reconstruct the road from the east property line to the project entrance street (High Ridge Lane), which reconstruction shall include curb and gutters,39 feet back to back pavement,a 5 foot sidewalk -6- C� along the south side of the street extending from the east property line to the west property line of the development, and storm sewers, and parkway landscaping. Street lighting is required at the intersection of Faxon Road and High Ridge Lane. High Ridge Lane shall be improved with a street surface that is 33'back-to-back of curb,with pavement thickness to be in conformance with the City Subdivision Control Ordinance as to collector street pavement thickness and will have a left-hand turn lane at Faxon Road. Further,parking shall be permitted on only one side of said street,however no parking shall be permitted on the first block south of Faxon Road. Upon completion of the Faxon Road improvements and acceptance by the CITY, the CITY agrees to enact an ordinance establishing the recapture of fifty percent(50%)of the Construction Cost, including but not limited to,all actual construction costs,material costs,easement costs,engineering and surveying costs,fees and construction management costs,plus interest(hereafter defined as"Total Construction Cost"), which recapture cost shall be paid to OWNER/DEVELOPER by the benefitted property(presently owned by Francis and Phillis Yabsley) to the south of the improved portion of Faxon Road if the benefitted property is developed and connected to said improvement. Payment of the above described recapture cost plus a simple interest at the rate of four percent(4%)per annum, accruable from the date of acceptance of the road by the CITY, is due to OWNER/DEVELOPER upon Final Plat approval of the benefitted property by the CITY. The CITY shall collect payment of the recapture cost which payment shall be delivered to the OWNER/DEVELOPER as soon as it is practical after the first day of the month following the receipt of the payment. OWNER/DEVELOPER agrees to not seek recapture of the fifty percent (50%) of the Total Construction Cost from the benefitted property to the north of this road reconstruction in lieu of not having to improve the road from the entrance (High Ridge Lane) to the west boundary line of the subj ect property. CITY agrees to not to require the OWNER/DEVELOPER to improve said portion of the Faxon Road but only to require the installation of a five foot sidewalk along its south side. OWNER/DEVELOPER also agrees to front fund the Total Construction Cost, as defined above, for the reconstruction of the off-site portion of Faxon Road, from the entrance to the Cannonball Estates project (Alan Dale Lane) to the subject property east property line, which reconstruction shall include curb and gutters, 39 feet back to back pavement and storm sewers, and parkway landscaping. Upon completion of the improvements and acceptance by the CITY, the CITY agrees to conduct any necessary public hearing to establish a map of the benefitted area, and enact an ordinance establishing the recapture of one hundred percent (100%) of the Total Construction Cost plus interest as defined above from the benefitted property along the north side of the Faxon Road improvement,which cost is due upon the first phase Final Plat approval of that benefitted property by the CITY. Nothing shall be construed to imply that the CITY is to serve as an agent of the OWNER/DEVELOPER in collecting the recapture payments referred to above, Moreover, the OWNER/DEVELOPER shall have the right to sue for the collection of any recapture payment due from the benefitted properties. The right of the OWNER/DEVELOPER to sue shall only be in the event that the CITY elects not to bring any such lawsuit after a written request by the OWNER/DEVELOPER to do so. OWNER/DEVELOPER also reserves its right to waive the due payment from any of the benefitted properties as a result of separate agreements with the owner of -7- C�� such properties,in which case,the OWNER/DEVELOPER will notify the CITY of the existence of said agreements within thirty(30)days from the date of their execution,and will operate to discharge the CITY from any further obligation to collect recapture to the extent waived by OWNER/DEVELOPER. 8. TIME IS OF THE ESSENCE. It is understood and agreed by the parties hereto that time is of the essence in this Agreement, and that all parties will make every reasonable effort to expedite the subject matter hereof. It is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 9. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto,their successors and assigns including,but not limited to,successor owners of record successor developers, lessees and successor lessees,and upon any successor municipal authority of the CITY and successor municipalities for a period of twenty (20) years from the later of the date of execution hereof and the date of adoption of the ordinances pursuant hereto. 10. NOTICES AND REMEDIES. Nothing contained herein shall require the original named OWNER in this Agreement to undertake any of the development obligations in this Agreement; those obligations being the responsibility of the DEVELOPER of the subject parcel and or future OWNER of the subject parcel of real property. Upon a breach of this Agreement, any of the parties in any court of competent jurisdiction, by any action or proceeding at law or in equity, may exercise any remedy available at law or equity. Before any failure of any party ofthis Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party claiming such failure shall notify in writing, by certified mail/return receipt requested, the party alleged to have failed to perform, state the obligation allegedly not performed and the performance demanded. Notice shall be provided at the following addresses: CITY: UNITED CITY OF YORKVILLE 800 Game Farm Rd. Yorkville, IL 60560 -8- ch6 Copy to: CITY Attorney: Daniel J. Kramer 11077 A. Bridge St. Yorkville, IL 60560 OWNER/DEVELOPER: AMG HOMES, INC. 2201 Meadowview Lane Yorkville, IL 60560 Copy to: J. BOADA ASSOCIATES 1262 Birchdale Ln. Aurora, IL 60504 and a Copy to: Mr. Michael Lippner Attorney at Law 214 Main St. Lemont, IL 60439 11. AGREEMENT TO PREVAIL OVER ORDINANCES. In the event of any conflict between this Agreement and any ordinances of the CITY in force at the time of execution of this agreement or enacted during the pendency of this agreement, the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency. 12. PARTIAL INVALIDITY OF AGREEMENT. If any provision of this Agreement(except those provisions relating to the requested rezoning of the subject property identified herein and the ordinances adopted in connection herewith), or its application to any person, entity, or property is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect the application or validity of any,other terms,conditions and provisions of this Agreement and,to that end,any terms, conditions and provisions of this Agreement are declared to be severable. If, for any reason during the term of this Agreement, any approval or permission granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances effectuating the zoning, variations and plat approvals proposed herein. 13. USE OF PROPERTY FOR FARMING/ZONING. Any portion of the subject property,which is not conveyed or under development as provided herein, may be used for farming purposes, regardless of the underlying zoning. -9- 14. SIGNS. In accordance with City Ordinance in existence as of the date of this Agreement,the CITY will grant to OWNER/DEVELOPER permits to place residential marketing signs at the two entrances to the Subdivision. Additionally, temporary residential off-site marketing signs shall be allowed permitting for up to four(4)off-site locations within the City of Yorkville to call attention and/or give directions to the Subdivision. Each sign may be located in any zoning district,provided there is one-quarter (1/4) mile separation from each other, and no such sign shall be closer to an existing CITY residence than one hundred feet unless the OWNER/DEVELOPER has written permission from the residence owner. All such temporary sign permits will expire on the date that the last lot in the Subdivision is sold to a third party. Each sign must be removed by close of business of the day the temporary sign permit expires. Each such sign shall not exceed 100 square feet or 20 feet in height at the Subdivision entrance,in the Business district or in the Manufacturing district. Each such sign will not exceed 64 square feet or 10 feet in height in a Residential district. 15. MODEL AND SPECULATIVE HOMES. The CITY will agree to allow OWNER/DEVELOPER to operate a sales office from up to three(3)model homes constructed on lots in the Subdivision. The CITY will cooperate with Purchaser to obtain a model home real estate tax exemption, if available. All such model homes shall be constructed in compliance with the regulations of the CITY. Use of the home as a model and/or sales office must expire on the close of business on the date the last lot in the Subdivision is sold to a third party. The CITY further agrees to allow the OWNER/DEVELOPER to construct up to three (3)model and/or speculative homes prior to completion of the road, sewer and water and other site improvement construction in each phase of Subdivision development. Each such home shall be in full compliance with the CITY's building and occupancy requirements prior to the close of sale to a third party. OWNER/DEVELOPER will not start construction of the homes until the CITY has approved the construction of temporary access to those homes for public vehicles such as fire protection, ambulances,police vehicles, etc. 16. MASS GRADING PERMIT. Upon City Council approval of the Subdivision preliminary engineering and execution of this Annexation and Development Agreement, the OWNER/DEVELOPER may request, and the CITY will issue, a Mass Grading Permit to allow OWNER/DEVELOPER to immediately proceed with the mass grading work in Phase I of the Subdivision. The scope of work and conditions of the permit are set out in the attached Proposed Mass Grading Permit Ordinance, attached as Exhibit "G". It is understood by OWNER/DEVELOPER that there may be changes from the 14 preliminary plan in the Subdivision's Final Engineering which could affect the site mass grading. -10- Any cost associated with such changes will be borne by OWNER/DEVELOPER with no recourse to the CITY. It is wholly incumbent on the OWNER/DEVELOPER to assess the potential risk of such changes and mitigate any additional costs. 17. EXECUTION OF AGREEMENT. CITY will pass, but not execute this Agreement until OWNER/DEVELOPER has obtained title to the subject real property and submits a verified Annexation Petition as Owner thereof. -11- UP-16 IN WITNESS WHEREOF,the parties have executed this Annexation Agreement the day and year first above written. CITY: THE UNITED CITY OF YORKVILLE MAYOR Attest: . u L OWNER,DEVELOPER: AMG HOMES, INC. By: TITLE Attest: TITLE P S t D E�►'T' -12- EXHIBIT LIST Exhibit "A" - Legal Description Exhibit`B" - Annexation Plat Exhibit "C" - Preliminary Plat Exhibit "D" - Compensatory Stormwater Ordinance Exhibit `B" - Yorkville-Bristol Sanitary District Facility Plan Area Exhibit "F" - Yorkville School District letter Exhibit "G" - Proposed Mass Grading Permit Ordinance -13- C456 EXHIBIT A LEGAL DESCRIPTION: THAT PART OF SECTION 19 AND ALSO THAT PART OF SECTION 20, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE'THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 19; THENCE SOUTH 00 DEGREES 39 MINUTES 04 SECONDS EAST, ALONG THE EAST LINE OF SAID SECTION 19, A DISTANCE OF 147.18 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 82 DEGREES 38 MINUTES 28 SECONDS EAST, A DISTANCE OF 1885.72 FEET; THENCE NORTH 04 DEGREES 21 MINUTES 17 SECONDS EAST, A DISTANCE OF 1549.81 FEET TO THE CENTERLINE OF FAXON ROAD; THENCE NORTH 80 DE(IREES 27 MINUTES 23 SECONDS WEST ALONG THE CENTERLINE OF FAXON ROAD, A DISTANCE OF 275.00 FEET; THENCE SOUTH 09 DEGREES 32 MINUTES 37 SECONDS WEST, A DISTANCE OF 460.00 FEET; THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST A DISTANCE OF 475.00 FEET; THENCE NORTH 09 DEGREES 32 MINUTES 37 SECONDS EAST, A DISTANCE OF 460.00 FEET TO THE CENTERLINE OF FAXON ROAD; THENCE NORTH 80 DEGREES 27 MINUTES 23 SECONDS WEST ALONG SAID ROAD CENTERLINE., A DISTANCE OF 351.94 FEET; THENCE NORTH 80 DEGREES 15 MINUTES 53 SECONDS WEST, ALONG THE CENTERLINE OF FAXON ROAD, A DISTANCE OF 765.83 FEET; THENCE NORTH 79 DEGREES 19 MINUTES 23 SECONDS WEST, ALONG SAID ROAD CENTERLINE, A DISTANCE OF 332.13 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 698.12 FEET; THENCE SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 130.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, A DISTANCE OF 971.15 FEET; THENCE SOUTH 81 DEGREES 25 MINUTES 39 SECONDS EAST, A DISTANCE OF 50.79 FEET TO THE POINT OF BEGINNING, IN BRISTOL, TOWNSHIP, KENDALL COUNTY, ILLINOIS. AREA: 69.82 ACRES (INCLUDES AREA IN ROAD) TO THE UNITED CITY OF YORKVILLE,ILLINOIS A PART OF SECTION 19 AND SECTION 20,TOWNSHIP 37 N,RANGE 7 OMT PART OF=TION It NM N SO nW I'NO OF%Cn01 24:ONNSIN W NTIRIN,NLE/LAST OF THE NO WW Pk M199I1W1 LESOM S FOUDE CO111EWL 4 M THE S DE.6f COIwOE OF THE HMWAST UUWTEA OF SWl YCTON 19; 11E/9[F SOURS W"*FAST MONO ME VV JNE OF SAO SECTOM 10,A ENSTANCE OF IA1.18 EELS fO THE MM[F OF NL EECJINMR rom 50UN 573471•EAF,A 014Aw:F(w i,mn fEET;TFfNT7 Nom oc21'Ir EAO.A IWANCE Or 1.N911 FEET 10 DE ON ftV M INOM M OENCL NORM 80277J•RST MOW.111E CODFRI111E OF SW FAMN ROM.A OISIMO'S 31100 FEET:1NFMFE SOUTH OE]YJY 11FSE.A pSTNICE OF 1E0.00 FEET;1VUCE NORIII RPt)'1]•MfSf. I ��� ,�1 _ •"'WUw�O A 0 A DISTANCE OF 41500[CET;nENM WN 073737 6W.TO THE CF]ITMM OF rA AUV.A Ob1NICE OF W.00 FEET; —� TIpILE NORTH m77*2r REST ALONG SW ROM COMM.A RSINCE OF)Sl M FEET:nOCE NORM M',ss]'RST. ' r2'n NdlO nE FANS ROAD CE)MUE.A USINNR 01 14161 FFFf:THENCE K UM 171723-ME51.ALOIE:5N0 NOM CENT00C � IQ A OISTNQ OF=13 TO;Wa s N WO0b7 GKl.A alsnwCE a S9e.11 RFT:1NENIF:NOS 9000'ao•UST.A =Ala OF IA00 FEET;D*NCE S N 0700'00•FAST.A USTNCE OF 971.15 FELT:IHENCS H JTH di'25'39•EAST.A WWI X7{1 55419 ftfl T TK A'NNi OF fIf1NW0 w Bb'tU.i0M9/.NOYpAIt mUlF1.A1LYlS wO awTNrNMO 8961 AGES � i Mw �_- [ ^ III SURVEYON'S CMFICATE M N HFRFRY ANNEXED TO THE UNITED CIIY Of- YORKVIII_.E k AREA: 69.83 ACRES TAX PARCEL NUMBER: 02-19-200-003 & 02-20 100 004 1- ' I � > z �� • �N NOIE: THERE ARE NO HABITABLE STRUCTURES ON THE PROPERTY � III W CITY OUNCA_CFRIVICATE z o V ...,..u.,.F.....r..,,....,m.l...o _UNITED CITY OF YORK l M)AL�COUNIY RECOROEWS CERfIFICAIr CORPORATF_ K�ILE BOUNpgRy �.. x J. 80ADA ASSOCIATES lmopa(R SHEET �°'iC YORKVII►.a ILLINOIS 1 of 1 1>•rAOSt u W MO wog NE.l N �•.r..Rw, �• ••�• PLAT OF ANNEXATION a o„ 66 68,R O.W. ec OuTr"A 3J' ROB hT, - "R. ' " A J.. " -7779�-f.'"'; 1 1. -4"14 N 2 A-1 FSIVER HIGH RIDGE LANE INTERIOR STREFF FAXON ROAD IA 7 STREET TYPICAL SECTIONS 0 ..40- Pw Wi N BASIN/ zi 5 0 g 3 2 LOCATION W ft nw 13 jo 2 EXCLUDED 4;4 J2 14 / .. _ J4 "RAWIS CNI N YAft AO Js tj i5 I/ 24 40 je "8Q:27'2j"w J— Is •1w 1129 F28 24' OTAIL PROPEM AREk 5943 ACRES 23 127 FIEW ZOMIAG:A-1.KIDIOALL (n I.Kn .MFR,. -20-100�AW 125 COM7RACT OWNI AMG HOMFS.W_ 41 FLOW PLMH DELMEATION:HIM DOSTING 17 2.2 '124 121 P_R=_NQ_R2 SIGLE FAAMLY 12' SLIMAIDEt AMC HOMES.MC. TOTAL NUMBER OF LOTS.134 18 1111 44 MINLIM 11T AI 12.000 S.F. 21 4J 5 \ 1 11 8.001)S.F. 1 46 GROSS)ENS"!197 IWS/ACRE 100 19 ) 11134 SPACE-OEIENOMI:I,"ACRES 1 20 52 1 02 PAN-TOT LOT.2.D4 ACRES — fm L"PARK:5.20 ACRES is 49 120 'a 06, 10 TOT Lq�, AMC I OWES,IAC. BOADA \47 45SOCAPES ARM SUMTWE�NG SERVICE 2201 WEADO"IEW LANE 1207 WI L14 1950 CA.HI ROAD RIOS BO3w AkN)RA I 5O5G4 =�j 67 LA .118 mt 54 015E C, N SPACE— .75 AC. nwaImv ult""0" �AM 84*= 71 So 57 DETE ON IN No I in, .—AAAA.—- so 117/ 12 15 A, 59 9'33 xFT 69 as @ Z. SW 1 65 94 24* 9.—70, 82 61 60 19 -_AA 1 19 20 94 __ 71 19 20 as _�` " 1 1 72 73 74 112 1 77 79 24 39 A, — C 50.�7 �9_ P,0, IN - - __ COOPER HOW K 82 83 1- ->< A-! u-J/ AC I — C. 84 87 ts.T a-Sw MAIER MAMA ❑ I PARK SNPrARr SEWER 4°—)----J CATCH SASMM At CAG 0 RELEASE COMM WMAIDLE N '28 R PARK 52 AC 0.46 AC­ 885.72' �XISTING PARK SM SEWER ;I- STORM mmoal 0 —-—-- 1.3 AC. -ALIVE ____<� TOO CATCH BASIN 0 FORM M,wx FWF­RMHT COOPER RAMIE P SUMP PUMP MAMIADLE • STREET W-_S A-F MRMS"ft SNITART YAMCU 0 SWrr LIGHT A J. BOADA ASSOCIATES SIIEET PRWECr DMOPIWENT AMID MAMEMENT YORKVILLE•ILLINOIS —PRELIMINARY PLAN Fxttt B �T' D STATE OF ILLINOIS ) Rev.1 1/06/02 ss COUNTY OF KENDALL ) ORDINANCE NO. 2002- `tom ORDINANCE AMENDING UNITED CITY OF YORKVILLE SUBDIVISION (ORDINANCE NO.2000-2) AND UNITED CITY OF YORKVILLE STANDARD SPECIFICATIONS FOR IMPROVEMENTS (RESOLUTION NO. 2000-4) SECTION 1: APPLICABILITY For all development governed by the Yorkville Subdivision Ordinance and/or Yorkville Standard Specifications for Improvements, the definitions and requirements listed below shall apply. SECTION 2: DEFINITIONS Compensatory Storage: An artificially excavated, hydraulically equivalent volume of storage-within the floodplain used to balance the loss of natural flood storage capacity when fill or structures are placed within the floodplain. Depressional.Storage: Localized low areas which are hydraulically disconnected from and have no positive outfall to any creek, stream, or river. For the purposes of this ordinance, depressional storage areas shall also be referred to as non-riverine floodplains. Floodplain: That land adjacent to a body of water with ground surface elevations at or below the base flood or the 100-year frequency flood elevation. The floodplain is also known as the Special Flood Hazard Area. One Hundred-Year Event: A rainfall, runoff, or flood event having a one percent chance of occurring in any given year. 1 SECTION 3: REQUIREMENTS 1. Compensatory storage shall be provided for all storage lost or displaced in the floodplain due to development. a) Hydraulically equivalent compensatory storage requirements for fill or structures in a riverine floodplain shall be at least be equal to 1.5 times the volume of floodplain storage lost or displaced. Such compensation,areas shall be designed to drain freely and openly to the channel and located opposite or adjacent to fill areas. A recorded covenant running with the land is required to prohibit any modification to the compensation area. The floodplain storage volume lost below the existing 10-year frequency flood elevation must be replaced below the proposed 10-year frequency flood elevation. The floodplain storage volume lost above the existing 10-year frequency flood elevation must be replaced above the proposed 10-year frequency flood elevation. b) Hydraulically equivalent compensatory storage requirements for fill or structures in a non-riverine floodplain shall be at least equal to 1.0 times the volume of non- riverine floodplain storage lost or displaced. A recorded covenant running with the land is required to prohibit any modification to the compensation area. Non- riverine floodplain storage may be replaced at or below the existing elevation but not below the proposed normal water level. 2. MODIFICATION OF STANDARD: The City Council may make specific findings based upon the results of detailed hydrologic and hydraulic engineering analysis, and drainage, wetlands or other studies that the above standard be modified to not less than a ratio of 1.0 times the volume of floodplain storage lost or displaced. Said findings and modification of standard shall be allowed only in unique situations where a proposed planned unit development complying with this modified standard results in a net regional watershed benefit not otherwise realized by strict application of the requirements, as determined solely in the discretion of the City Council. The following criteria shall also be considered when granting a modification of this Standard: a) The modification in Standard will not increase the probability of flood damage or create an additional threat to the public health, safety, and welfare. b) The modification must be demonstrated to provide a net watershed benefit when compared to the existing condition. A net watershed benefit may be defined in one of the two following ways. 1) The modification will substantially reduce downstream peak discharges (more than 10%); or will reduce downstream flood stages (more than 0.1 foot); or will reduce damages to downstream structures. This benefit must be demonstrated through a detailed hydrologic and hydraulic analysis of the watershed on a regional scale as approved by the City Engineer. 2 2) The modification will provide significant environmental and recreational benefits. Environmental and recreational benefits considered would be the meandering of channels, the creation of wetlands or other natural areas, and the implementation throughout the development of Best Management Practices with respect to stormwater management and stormwater quality. In addition, the modification must be shown to maintain floodway conveyance and not increase downstream flows or flood stages. This must be demonstrated through a detailed hydrologic and hydraulic analysis of the watershed on a regional scale as approved by the City Engineer. C) The modification in Standard is the minimum required considering each of the following statements of policy underlying this ordinance and there are no means other than the requested modification by which the demonstrated hardship can be avoided or remedied to a degree sufficient to permit the reasonable continuation of the development. 1) Site storage of floodwater shall also contribute to the improvement of water quality. 2) High quality natural areas shall be preserved on the site, including without limitation, stands of native trees, existing wetlands, depressional storage or other valuable environmental and biological resources. d) The modification is not requested solely for the purpose of increasing density of the development or impervious areas on the site. e) If applicable, the modification is required due to unique, natural topographic features of the site. f) The applicant's circumstances are not self-imposed. g) No modification shall be granted for any development in the regulatory floodway, regulatory wetlands or critical wetlands, the effect of which would be to create regulations less restrictive than the federal or state minimum standards applicable to development in such areas. SECTION 4: SEVERABILITY The various parts, sections, and clauses of this Ordinance are hereby declared to be severable. If any part, sentence, paragraph, section, or clause is adjudged unconstitutional or invalid by a Court of competent jurisdiction, the remainder of the Ordinance shall not be affected thereby. 3 SECTION 5: REPEALER Any Ordinance or Resolution or parts thereof in conflict with the provisions of this ordinance are hereby repealed to the extent of such conflict. Paul James Marty Munns Richard Sticka Mike Anderson Valerie Burd Rose Spears Larry Kot Joseph Besco Approved by me, as Mayor of the United City of Yor . le, Kendall County, inois this kA day of ��, , A.D. 2002. Mayor Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this , day of " . , A.D. 2002. Attest: it Jerk Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 4 ti I I I 1 1 EioSnK:nanan,N EaUNaMr 'EO'6ira RWML.NN rauwMv � V moosERlnaan,r 1 I I tl I I I 1 I I [vilwe nao0w,r I k EwsMa nano.,, I I I I 1 I F I I I REarRYO Rosins Rsn[nSNw,r I I I I I I EXISTING CONDITIONS COMP STORAGE 0 1.5 TO 1.0 MODIFIED STANDARD i-URSiwG FLOWwAY-\,,,j i-FKISiwG R0D0--\\, I�PROPOSED FLOOD— r--100 YEAR 8000 ESE V._ I_____________ I 100 YEAR --0 -- I I ------ r--------- —r-------------I------ 1 100 YFAR 59M LLEEv._ I I I 1 I I I I 1 I 1 I 1 I I I I I 1 I 1 I I I 1 I 1 I I I I I I I I I I I I 1 I I I I I I I l03 ENGINEERING ENTERPRISES.INC. DATE Engineering Enterprises,Inc. United City of Yorkville DESIGNED BY ---/--- UNITED CITY OF YORKVILLE COMPENSATORY STORAGE PROJ.NOy��T�Y00211 Consulting Engineers Kendall County, Illinois 610 TOWER LANE 52 Wheeler Road DRAWN BY KKR/--- T�� IL 50560 EXHIBIT rIEE NOA Y0021)01 Sugar Grove, Illinois 60554 630/466-9350 A, R N CHECKED BY: ---/--- 1 Exhibit „E„ # YBSD Facility 4 Planning Area c .. PENDING 95-M R-1 Faxon School GC r OUT �0 r eV, 't ckber YBSD Facility Planning Area Boundary �0 ' PENDING Subject R-1 Property _ _ - 34 CIS PKWr- �, m 0 UT OUT —�■�flat lij f o ■ YORKVILLE COMMUNITY UNIT DISTRICT 115 602 Center Parkway, Suite A,P. O. Box 579 Yorkville, IL 60560-0579 Telephone (630) 553-4382 Fax (630) 553-4398 YORKVILLE HIGH SCHOOL 797 Game Farm Road Yorkville,Illinois 60560 Telephone(630)553-4380 YORKVILLE MIDDLE SCHOOL 702 Game Farm Road Yorkville,Illinois 60560 Telephone(630)553-4385 CIRCLE CENTER INTERMEDIATE SCHOOL 901 Mill Street December 4 , 2002 Yorkville,Illinois 60560 Telephone(630)553-4388 YORKVILLE GRADE SCHOOL 201 West Somonauk Street Yorkville,Illinois 60560 Telephone(630)5534390 Mr. Daniel J. Kramer BRISTOL GRADE SCHOOL Attorney - United City of Yorkville 23 Hunt Street 800 Game Farm Rd. P.O.Box 177 Yorkville IL 60560 Bristol,Illinois 60512 i Telephone(630)5534383 RE: Proposed Annexation for AMG Homes, Inc . for 70 acres, plus or minus, on Faxon Road, Bristol Township, Kendall County, Illinois Yorkville Community Unit District #115 requests the contributions for this annexation be in the form of cash contributions . inc rely, ve4 Dr. Thomas D. Engler Superintendent TDE/mlj G�OVFt CHILO�H lO X15 4 W m 3 � 14g WpRK � t, Exhibit"G" PROPOSED MASS GRADING PERMIT ORDINANCE A Mass Grading Permit Ordinance is under consideration by the United City of Yorkville.