Ordinance 2002-48 Revised November 6, 2002
STATE OF ILLINOIS i led for Record in
) I��ENDFILL C011Pd"(Y, ILLINOIS
ss PAUL ANDERSON
12-�E-ci)i)c At 02.49 F'l`t.
COUNTY OF KENDALL ) ORDINANCE 59.00
ORDINANCE NO. 2002 - _
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF
RICHARD MARKER ASSOCIATES,INC., DEVELOPER/OWNER OF RECORD
(HEARTLAND CIRCLE SUBDIVISION)
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,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.
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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.
MIKE ANDERSON H JOSEPH BESCO
VALERIE BURD PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS RICHARD STICKA
APPROVED by me,1as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of T /'�� A.D. 20j)
MAYOR
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PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of > '` , A.D. 205,E
Attest:
ITY &ERK
Prepared by and return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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LEGAL DESCRIPTION
(Annexation)
THAT PART OF SECTIONS 27,28, 33 AND 34,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT A STONE MONUMENT WITH
CROSS AT THE NORTHEAST CORNER OF THE"TAUS PROPERTY"CONVEYED BY QUIT CLAIM
DEED RECORDED OCTOBER 20, 1939 IN BOOK 92 PAGE 440 IN KENDALL COUNTY,ILLINOIS,AND
DEPICTED ON A PLAT OF SURVEY BY FRANK HEMETTA DATED AUGUST 11, 1939;THENCE
SOUTH 12 DEGREES 05 MINUTES 50 SECONDS EAST ALONG THE EASTERLY LINE OF SAID"TAUS
PROPERTY",A DISTANCE OF 1900.74 FEET TO THE NORTHEAST CORNER OF LAND CONVEYED
BY WARRANTY DEED RECORDED JULY 22, 1986 AS DOCUMENT 863454;THENCE SOUTH 69
DEGREES 36 MINUTES 09 SECONDS WEST ALONG THE NORTHERLY LINE OF LAND CONVEYED
BY SAID DOCUMENT 863454,A DISTANCE OF 1258.35 FEET TO AN ANGLE POINT IN SAID
NORTHERLY LINE; THENCE SOUTH 88 DEGREES 54 MINUTES 56 SECONDS WEST ALONG SAID
NORTHERLY LINE,A DISTANCE OF 816.34 FEET TO THE NORTHWEST CORNER OF LAND
CONVEYED BY SAID DOCUMENT 863454; THENCE SOUTH 05 DEGREES 54 MINUTES 31 SECONDS
EAST ALONG THE WESTERLY LINE OF LAND CONVEYED BY SAID DOCUMENT 863454,A
DISTANCE OF 56.15 FEET TO A POINT ON THE NORTHERLY LINE OF A 16.00 FOOT WIDE LAND
LEADING TO QUINSEY'S SUBDIVISION; THENCE NORTHWESTERLY ALONG SAID NORTHERLY
LINE BEING A CURVE TO THE LEFT HAVING A RADIUS OF 204.68 FEET, SUBTENDING A CHORD
BEARING NORTH 80 DEGREES 45 MINUTES 43 SECONDS WEST,AN ARC DISTANCE OF 58.56 FEET
TO A POINT TANGENT TO THE LAST DESCRIBED CURVE;THENCE NORTH 88 DEGREES 57
MINUTES 30 SECONDS WEST ALONG SAID NORTHERLY LINE,A DISTANCE OF 386.93 FEET TO A
STONE MONUMENT WITH CROSS AT A POINT ON THE WESTERLY LINE OF SAID"TAUS
PROPERTY";THENCE NORTH 10 DEGREES 25 MINUTES 41 SECONDS WEST ALONG SAID
WESTERLY LINE,A DISTANCE OF 520.60 FEET TO THE SOUTHERLY LINE OF QUINSEY ROAD
DEDICATED BY DOCUMENT 892935;THENCE NORTH 88,DEGREES 45 MINUTES 23 SECONDS
EAST ALONG THE EASTERLY EXTENSION OF THE SOUTHERLY LINE OF SAID QUINSEY ROAD,A
DISTANCE OF 205.41 FEET; THENCE NORTH 01 DEGREE 14 MINUTES 37 SECONDS WEST,A
DISTANCE OF 96.00 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING
A RADIUS OF 1027.00 FEET, SUBTENDING A CHORD BEARING NORTH 01 DEGREE 58 MINUTES 38
SECONDS EAST,AN ARC DISTANCE OF 115.47 FEET TO A POINT TANGENT TO THE LAST
DESCRIBED CURVE; THENCE NORTH 05 DEGREES 11 MINUTES 54 SECONDS EAST,A DISTANCE
OF 216.72 FEET; THENCE SOUTH 84 DEGREES 48 MINUTES 06 SECONDS EAST,A DISTANCE OF
174.70 FEET TO LINE DRAWN PARALLEL WITH AND 416.00 FEET(NORMALLY DISTANT)
EASTERLY OF THE NORTHERMOST WESTERLY LINE OF SAID"TAUS PROPERTY"; THENCE
NORTH 05 DEGREES 11 MINUTES 33 SECONDS EAST ALONG SAID PARALLEL LINE,A DISTANCE
OF 1812.11 TO A POINT ON THE NORTHERLY LINE OF SAID"TAUS PROPERTY";THENCE SOUTH
76 DEGREES 20 MINUTES 21 SECONDS EAST ALONG SAID NORTHERLY LINE,A DISTANCE OF
1610.92 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY,ILLINOIS.
TOGETHER WITH; LOTS 49 AND 50 IN FOX RIVER GARDENS SUBDIVISION BEING A SUBDIVISION
IN PART OF SECTIONS 27,28 AND 34,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED APRIL 22, 1927 AS
DOCUMENT 53913,IN KENDALL COUNTY, ILLINOIS. CONTAINING 109.642 ACRES MORE OR
LESS,(EXCEPTING THEREFROM ANY PART THEREOF PREVIOUSLY ANNEXED TO THE CITY OF
YORKVILLE).
' Revised: 11/26/02
STATE OF ILLINOIS )
COUNTY OF KENDALL )
ANNEXATION AND PLANNED UNIT DEVELOPMENT
AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE
AND RICHARD MARKER ASSOCIATES, INC. DEVELOPER
AND FRANK VICTOR TAUS AND ELIZABETH TAUS, AS CO-TRUSTEES
UNDER THE PROVISIONS OF A TRUST AGREEMENT
DATED APRIL 22, 1991 AND KNOWN AS TAUS TRUST, OWNER OF RECORD
(HEARTLAND CIRCLE SUBDIVISION)
NOW COMES, DEVELOPER, RICHARD MARKER ASSOCIATES, an Illinois
Corporation, and FRANK VICTOR TAUS AND ELIZABETH TAUS, AS CO-TRUSTEES
UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED APRIL 22, 1991 AND
KNOWN AS TAUS TRUST, Owners of record of certain real property described in the attached
Exhibit " A ", and the UNITED CITY OF YORKVILLE, an Illinois Municipal Corporation,
(hereinafter "CITY") who hereby enter into this Annexation and Planned Unit Development
Agreement to supplement and in addition to the Petition for Zoning and proposed Final Plats of
Subdivision and drawings submitted therewith, including the approved Preliminary Plan of
Subdivision and proposed Final Plats of Subdivision to be approved by the CITY 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 OWNERS and
DEVELOPER and the CITY to annex and develop the subject property described in the
attached Exhibit " A " (Subject Property) as a Planned Unit Development establishing a
unique open space character and to provide for the orderly flow of traffic in the development
and to adjoining property; and
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2. WHEREAS, each party agrees that it is in the best interest of the local governmental bodies
affected and the DEVELOPER and OWNERS to provide for specific performance standards
in the development of the Subject Property; and
3. WHEREAS, each party agrees that a substantial impact will be had on the services of the
United City of Yorkville and the Yorkville School District by development of said Subject
Property; and
4. WHEREAS, the DEVELOPER has agreed to perform certain requirements made by the
United City of Yorkville.
5. WHEREAS, approximately twenty (20) acres of the Subject Property is currently within the
corporate limits of the CITY and said acreage shall be made subject to the provisions of this
Planned Unit Development Agreement; and
6. WHEREAS, the Subject Property is located contiguous to the corporate boundaries of the
CITY, and is not within the corporate boundaries of any other municipality; and
7. WHEREAS, OWNERS desire to annex the said Subject Property described in the attached
Exhibit " B " into the CITY, its Plan Commission has considered the Petition, and the City
Council has heretofore both requested and approved the proposed land uses and the zoning
of the same at the request of OWNER/DEVELOPER and CITY; and
8. WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions
upon which the Subject Property will be annexed to the CITY in an orderly manner; and
9. WHEREAS, OWNERS and its representatives have discussed the proposed annexation and
have had public hearings with the Plan Commission and the City Council, and prior to the
execution hereof, notice was duly published and a public hearing was held to consider this
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Agreement, as required by the statutes of the State of Illinois in such case made and
provided.
NOW THEREFORE, for and in consideration of the mutual promises and covenants herein
contained, the parties agree, as follows:
A. The Subject Property described in the attached Exhibit "B" shall be annexed to the CITY.
B. The Subject Property, described in the attached Exhibit "B" zoned in conformance with each
unit or zoning set forth in the approved Preliminary Plat of Subdivision, a copy of which is
attached as Exhibit "C" and made a part hereof, providing for R-2 One-Family Residential
District P.U.D., and shall be developed in general conformance with the approved
Preliminary Plat of Subdivision attached hereto as Exhibit "C" and incorporated herein by
reference; the legal description for the R-2 One-Family Residential District being attached
hereto and incorporated herein as Exhibit "D". 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 "E".
C. That 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 a minimum of 10,000 square feet with lot sizes generally following
the lot sizes set out and calculated on the approved Preliminary Plan as set forth in
the attached Exhibit "C".
2. Front and side yard setbacks shall be in conformance with the standards set forth in
the City Zoning and Subdivision Control Ordinance currently in effect at the date of
execution of this Agreement by the CITY except as modified herein.
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3. Rear yard setbacks shall be in conformance with the standards set forth in the City
Zoning and Subdivision Control Ordinance currently in effect at the date of execution
of this Agreement unless otherwise modified by this Agreement or the approved
Preliminary Plat.
a. Lots adjacent to open space shall have a 30 foot minimum rear yard. Lots not
adjacent to open space shall have a 40 foot rear yard.
b. Side yard setbacks for side yard frontage on a street will be 25 feet.
C. Lot coverage on lots 12,000 square feet or larger shall be thirty percent
(30%).
d. Lot coverage on lots less than 12,000 square feet shall be thirty-five percent
(35%).
e. Minimum lot width at the front building setback line shall be 75 feet not to
exceed 10% of the lots on curvilinear designed streets.
4. DEVELOPER shall be permitted a variance from the CITY requirement to hook-up
sump pump discharges to the CITY storm sewer system. DEVELOPER shall
provide drains or overland lot grading to open space or rear and side yard swales as
set out and are approved in the final engineering plans for said development.
5. a. The CITY, once it has had the opportunity to inspect and fully confirm that
the public improvements required to be constructed under this Agreement
comply with CITY approved plans, specifications and ordinances, and to
approve all such public improvements, all in accordance with Paragraph 5b.
below, shall accept their dedication subject to the OWNER'S and
DEVELOPER'S warranty, as described herein, and shall thereafter operate,
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maintain, repair, and replace all such public improvements located therein.
OWNERS/DEVELOPER warrant that all public improvements required to
be constructed by them hereunder shall be free from defects in workmanship
or materials for a period of one(1)year after acceptance thereof by the CITY.
Upon notice from CITY,OWNERS/DEVELOPER shall promptly commence
to remedy any defects covered by the foregoing warranties, and in addition
thereto, in the event that the OWNER'S/DEVELOPER'S construction of any
Phase of the development of the TERRITORY is determined to have
damaged any public improvements previously installed by
OWNERS/DEVELOPER within the TERRITORY,then,upon notice thereof
from the CITY,OWNERS/DEVELOPER shall promptly commence to repair
or replace any and all public improvements so damaged.
b. Within thirty (30) calendar days after (a) receipt of notice from the
OWNERS/DEVELOPER that certain of the public improvements and
facilities within a Phase of the TERRITORY under development have been
completed, and (b) delivery to the CITY of all required documentation
(including without limitation material certifications),the City Engineer shall
inspect said improvements and indicate, in writing, either his approval or
disapproval of the same. If such improvements are not approved,the reasons
therefor shall, within said thirty (30) calendar day period, be set forth in a
written notice to the OWNERS/DEVELOPER. Upon the
OWNER'S/DEVELOPER'S correction of the items set forth in said notice,
54'220/6 5
the City Engineer, at the OWNER'S/DEVELOPER'S request, shall re-
inspect the improvements to be corrected and either approve or disapprove
said improvements, in writing within thirty (30) working days of receipt of
the OWNER'S/ DEVELOPER'S notice requesting said re-inspection. As
public improvements are partially completed and paid for by the OWNER
and accepted by the CITY the surety deposited by the
OWNERS/DEVELOPER with the CITY, if requested by the OWNERS and
DEVELOPER, may be proportionately reduced or released on an individual
improvement-by-improvement basis upon the review and recommendation
of the City Engineer. Notwithstanding anything herein to the contrary, the
CITY shall have no obligation to reduce or release the last ten percent(10%)
of any Surety provided hereunder until,all warranty obligations of OWNERS
and DEVELOPER secured thereby have lapsed.
C. OWNER shall be allowed to construct the required off site and onsite
improvements simultaneously with the issuance of building permits for
individual lots and/or buildings, but it is understood that building permits
may not be issued unless OWNER has provided adequate road access (i.e.,
binder course or paved roads) to the lots for emergency vehicles and has
provided sufficient water supplies for fire fighting purposes. All offsite and
onsite improvements (except final lift of bituminous asphalt surface on roads
and except sidewalks and/or landscaping if weather, labor strikes, plant
closings or any other condition or circumstance beyond OWNER'S control
54220/6 6
prevents installation of such sidewalks and/or landscaping), serving any said
lot or building shall be installed by OWNER and approved by the CITY,
however, before an occupancy permit is issued for said lot or building, the
balance of the required onsite subdivision improvements not required to serve
said lot or building may be constructed in phases after issuance of the
aforesaid occupancy permit, as the development on each Phase progresses.
d. All completed public improvements constructed on,or in connection with the
development of, the SUBJECT PROPERTY or any Parcel or Phase thereof
following their inspection and approval by the CITY shall be conveyed by a
bill of sale to, and accepted by, the CITY on an improvement by
improvement basis within thirty (30)days or within forty-five (45) days if on
a committee agenda, of receipt of written request for acceptance submitted
to the CITY by the OWNER or scheduled for consideration and acceptance
within forty-five (45) days. The CITY'S acceptance of any conveyance of
a public improvement shall not be unreasonably withheld or delayed and
shall be on a Phase or unit by unit basis (i.e., acceptance of public
improvements in a particular Phase or unit of development of the SUBJECT
PROPERTY shall not be contingent upon acceptance of public improvements
in another Phase or unit of development, provided the public improvements
being accepted can function and perform their intended purpose independent
of the public improvements in another Phase or unit of development, or if
dependent on the public improvements in another Phase or unit of
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development, the public improvements on such other Phase or unit of
development have been accepted by the CITY).
e. The CITY shall issue permits to OWNER to authorize the commencement of
construction of utility improvements on the SUBJECT PROPERTY or any
Parcel or Phase thereof prior to: (i) approval of a final plat of subdivision; (ii)
prior to construction of the CITY utility improvements provided: (1) such
construction is undertaken at the risk of a party seeking to undertake such
work; (2) approved engineering plans for such improvements have been
approved by the CITY that are sufficient in detail for the CITY to determine
the nature and scope of the improvements being constructed: (3) the
preliminary subdivision plat for the Phase upon which the improvements are
being constructed has been approved by the CITY; and (4) the IEPA and the
Yorkville Bristol Sanitary District, as applicable, have issued permits for the
construction of sanitary sewer and water lines for the Phase on which the
improvements are being constructed. The CITY agrees to process IEPA
sewer and water permit applications separate and apart from the review of
final engineering plans so that the IEPA will be in a position to issue such
permits prior to CITY approval of final engineering plans. OWNER shall
indemnify the CITY against any claims, actions or losses the CITY may
suffer, sustain or incur because other governmental agency takes action
against the CITY after OWNER undertakes development activities pursuant
to the provisions of this Subsection 5.
54220/6 8
e
6. That the subdivision be allowed to maintain signs adjacent to the Subject Property
or land owned by the Developer on Route 34 including a 12' X 20'
development/marketing sign. CITY also agrees to allow an information and
directional sign within the area of Route 47 and Spring Street subject to City
Ordinance and approval of the property owner where said sign(s) are located.
D. That the DEVELOPER shall pay cash contributions to the Yorkville Community School
District #115 in lieu of land contributions for schools in conformance with the City
Land/Cash Ordinance in effect at the date of Final Plat approval as to each respective phase
or unit of the R-2 Single Family District P.U.D. portions of the development. Attached
hereto and incorporated herein as Exhibit "F" is a letter from the Yorkville School District
acting to reserve 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 single-family building permit.
E. The total acreage required for City Land/Cash for park contribution is 9.825 acres. The
DEVELOPER shall contribute 5.0 acres of property for a park at the center of the
development for CITY park use as designated in the Preliminary Planned Unit Development
Plan and approved Preliminary Plat of Subdivision.
The CITY shall also grant a credit for open space against the required City Land/Cash
Ordinance for park contribution of 1.5379 acres. The remaining 3.2971 acres of park
contribution shall be payable in cash. 3.2871 x$45,000 per acre= $147,919.50. The said
$147,919.50 cash donation shall be paid on a pro rata basis of one thousand dollar
54220/6 9
($1,000.00) payments concurrent with the issuance of each of the first one hundred forty-
eight(148)building permits issued for the proposed subdivision. Completion of the terms
and conditions of this paragraph"E"shall constitute complete and total compliance with the
United City of Yorkville Land/Cash Ordinance as it pertains to parks. Further,the following
conditions shall apply:
1. The DEVELOPER shall provide 3.0758 acres of permanent open space as per the
approved Preliminary Plan.
2. The CITY may install park improvements such as permanent athletic fields,
backstops, goals, nets and other apparatus on the five (5) acre park with the
recommendation of the Heartland Circle Homeowner's Association.
3. The CITY shall not erect any temporary or permanent lights for any athletic usage
on the 5.0 acre park unless recommended by the Heartland Circle Homeowner's
Association.
4. The CITY and DEVELOPER agree that the 5.0 acre park is designated for informal
recreational usage.
F. That the development of the Subject 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 City of Yorkville Zoning Ordinance, Subdivision Control
Ordinance, City Reimbursement of Consultants and of Review Fees Ordinances, City
Land-Cash Ordinance, City School Transition Fee Ordinance, and City Development Fee
Ordinance,which have been voluntarily contracted to between the parties and agreed to by
54220/6 10
DEVELOPER as a condition of approval of this Agreement. DEVELOPER, except to the
extent varied by this Agreement, the Preliminary Plan and Final Plat of each unit of the
subdivision, shall comply with all requirements as set out in the City Zoning Ordinance and
Subdivision Control Ordinance at the time commencement of construction is initiated. No
change in the City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the
time of commencement of construction is initiated. No change in the City of Yorkville
Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and
of Review Fees Ordinance, City School Transition Fee, and City 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. Developers, however, will be bound by changes in BOCA building codes,
building material changes and the like that may be enacted by the CITY, so long as the same
is applied in a nondiscriminatory manner throughout the CITY.
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/DEVELOPER, said modifications shall be effective as to the
subdivision in the event OWNER/DEVELOPER desire to take advantage of any
modifications or amendments that are enacted by the City Council after the date of execution
of this Agreement.
G. 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,
One Thousand Two Hundred Dollars ($1,200.00) in Development fees per residential
54220/6 1 1
dwelling unit to the City, and other fees to the United City of Yorkville in conformance with
City Ordinances 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
single-family building permit. Said fees are being paid voluntarily and with the consent of
DEVELOPER based upon this contractual Agreement voluntarily entered into between the
parties after negotiation of this Agreement. DEVELOPER knowingly waives any claim or
objection as to amount of the specific fees negotiated herein voluntarily. No School
Transition Fees, or School-Park Land Cash Fees shall be charged on any property zoned for
business purposes under the terms of this Agreement.
H. OWNERS/DEVELOPER and CITY agree that easements are necessary for off-site
improvements to serve said property with utility and municipal services. The United City of
Yorkville agrees to use its best efforts to assist the DEVELOPER in the acquisition of any
easements or permission to use existing easements granted to Bristol Township, Kendall
County and/or the State of Illinois. The actual cost of acquisition of any easement shall be
at the expense of DEVELOPER.
I. That on-site infrastructure construction and engineering shall be governed by the standards
contained in the City Subdivision Control Ordinance and other applicable Ordinances unless
specifically addressed in the following, in which case this Agreement shall control:
1. Roadway right-of-ways, widths of streets, and roadway construction standards shall
comply with the requirements as set out on the approved preliminary Plat and each
phase of the Final Plat.
2. In the event the CITY requires DEVELOPER to oversize water mains,sanitary sewer
mains, or storm sewer lines, the parties shall enter into a written agreement
54220/6 12
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 DEVELOPER
before DEVELOPER is required to perform any oversizing.
3. Any storm water detention facility constructed on-site shall comply with the
requirements as set out on the approved Preliminary Plan, Preliminary and Final
Engineering Plans approved by the City Engineer.
J. That off-site improvements for the provision of water, sanitary sewer and other utility and
infrastructure services shall be provided by DEVELOPER according to the City Subdivision
Control Ordinance.After the installation of improvements by DEVELOPER,the CITY shall
deliver to the subdivision site potable water characterized by such minimum flows and
pressures as required by the Illinois Environmental Protection Agency.
In the event that the CITY desires to extend the Johnson Street watermain in the Woodworth
Estates Subdivision to eliminate the existing dead-end line, the DEVELOPER agrees to
design engineer, survey and construct the watermain extension and connect it to the
Heartland Circle watermain system. All costs, including engineering for the design and
construction of said extension shall be paid by the CITY within thirty (30) days after
completion, acceptance and invoicing for any such costs, which acceptance shall not be
unreasonably withheld.
Should the CITY elect to construct, or cause to have constructed, a "Regional Sanitary
Sewer"improvement that would serve areas other than the Heartland and Heartland Circle
projects, including a wastewater pumping station and forcemain, the DEVELOPER's
obligation to contribute to such an improvement shall be as follows: If the CITY proceeds
with the construction of the "Regional Sanitary Sewer and Pump Station" within three (3)
54220/6 13
years of the execution of this Agreement,the Developer agrees to pay its proportionate share
of the estimated total population equivalents (p.e.) projected for the entire service area
tributary to the proposed Regional Sanitary Sewer and Pump Station.
If any of the Developer's Yorkville-Bristol Sanitary District Infrastructure Participation Fees
("IPF" fees) are utilized to construct said Regional system, Developer shall be reimbursed
by the CITY up to the percentage paid by the Developer.
If plans for a"Regional Sanitary Sewer"have not been initiated prior to final plat approval,
Heartland Circle will proceed with sanitary sewer improvements per the preliminary
engineering plans including the right to construct the force main with plastic pipe and not
ductile iron pipe.
K. The Annexation and Planned Unit Development being approved, as part of this Agreement
shall be constructed in substantial conformance with the Preliminary Plan attached hereto
and incorporated herein as Exhibit "C". Deviations from this Agreement shall be allowed
only if approved by the City Council, or upon City Engineer's approval as to technical
aspects of engineering plans.
DEVELOPER shall use its best efforts to keep all contractors on designated
construction traffic routes as such routes are established in cooperation with the Yorkville
Police Department.
L. This Agreement shall inure to the benefit of and be binding upon the successors, heirs, and
assigns of each party hereto.
M. 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
DEVELOPER/OWNERS and the CITY.
54220/6 14
• s
N. This Agreement shall be binding upon each party hereto in terms of performance for a period
of twenty years. In the event construction is commenced within said twenty-year period all
of the terms of this Agreement shall remain enforceable despite said time limitation, unless
modified by written agreement of the CITY and DEVELOPER/OWNER.
O. Any notices required hereunder shall be in writing and shall be served upon any other party
in writing and shall be delivered personally or sent by registered or certified mail, return
receipt requested,postage prepaid, addressed as follows:
If to the CITY: 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, IL 60560
If to the DEVELOPER:
Richard Marker Associates, Inc.
654 Heartland Drive
Yorkville, IL 60560
With a Copy to: John F. Philipchuck
Dommermuth, Brestal, Cobine & West, Ltd.
123 Water Street
Naperville, Illinois 60540
If to the OWNERS:
Taus Trust
c/o Tom Grant
200 Hillcrest Ave.
P.O. Box 326
Yrkville, IL 60560
Or to such other addresses as any party may from time to time designate in a written notice
to the other parties.
54220/6 15
P. 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.
Q. 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.
R. 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 Clerk to execute approving the 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.
S. It is expressly understood and agreed by and among the parties hereto that all personal
liability of Frank Victor Taus and Elizabeth Taus, as Co-Trustees of the Taus Trust, and all
personal liability of the Beneficiaries of the Taus Trust shall be extinguished simultaneously
with the transfer of title to the real estate from the Taus Trust to the Purchaser, Richard
Marker Associates, Inc., an Illinois Corporation, as Developer hereunder. Thereafter, the
DEVELOPER assumes all of the responsibilities and obligations of the OWNER under this
Agreement.
54220/6 16
IN WITNESS WHEREOF,the undersigned have hereunto set their hands and seals this �) "
day of 1�� , 2002.
UNITED CITY OF YORKVILLE,
Kendall County,_Illinois, -
By:
MAYOR
After =ten \
Y CLE
OWNERS:
FRANK VICTOR TAUS AND ELIZABETH TAUS,
AS CO-TRUSTEES UNDER THE PROVISIONS OF
A TRUST AGREEMENT DATED APRIL 22, 1991
AND KNOWN AS TAUS TRUST
By: By: �C2�
Dated: /�'' Dated:
DEVELOPER:
RICHARD MA AS CIA ES,INC., an Illinois Corporation
By:
Richard rk r, Preside
Attest: e-
Secretary
Dated:
Prepared by:
John F. Philipchuck, Esq.
Dommermuth, Brestal, Cobine & West, Ltd.
123 Water Street
Naperville, IL 60540
54220/6 17
EXHIBIT LIST
Exhibit "A" - Full Legal Description
Exhibit "B" - Annexation Legal Description
Exhibit "C" - Preliminary Plat
Exhibit "D" - R-2 One-Family Residential District P.U.D. legal description
Exhibit "E" - Preliminary Landscape Plan (As per City Ordinance)
Exhibit "F" - School land-cash contribution letter
54220/6 18
Exhibit A Pg. 1 of 3
Full Legal Description
THAT PART OF SECTIONS 27, 28, 33 AND 34, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A STONE IN THE
SECTION LINE BETWEEN SECTION .27 AND 28 AFORESAID, 1696.2 FEET NORTH OF THE
CORNER FOR SECTIONS 27, 28, 33 AND 34; THENCE NORTH 69 DEGREES 25 1/2 MINUTES,
WEST ALONG FENCE LINE 563.0 FEET TO A STONE MONUMENT AT FENCE CORNER; THENCE
SOUTH 12 DEGREES 7 1/2 MINUTES WEST ALONG LINE OF FENCE 2129.82 FEET TO A STONE IN
THE ANGLE OF FENCE; THENCE SOUTH 3 DEGREES 26 1/2 MINUTES EAST ALONG FENCE LINE,
722.64 FEET TO A STONE (SAID STONE BEING 1000 FEET NORTH OF STONE MONUMENT ON
BANK OF FOX RIVER AT CORNER OF FENCE); THENCE SOUTH 82 DEGREES 05 112 MINUTES
EAST ALONG NORTH LINE OF 16 FOOT LANE, 269.26 FEET TO A STONE MONUMENT; THENCE
SOUTH 3 DEGREES 26 1/2 MINUTES, EAST 867.0 FEET TO A STONE MONUMENT ON BANK OF
FOX RIVER; THENCE NORTH 69 DEGREES 39 MINUTES, EAST ALONG BANK OF FOX RIVER
262.0 FEET TO AN IRON PIPE; THENCE NORTH 0 DEGREES 51 1/2 MINUTES WEST ALONG LINE
OF FENCE 215.0 FEET TO A PIPE AT CORNER OF FENCE; THENCE NORTH 80 DEGREES 22 1/2
MINUTES, EAST ALONG LINE OF FENCE 1981.0 FEET TO CORNER OF FENCE AND IRON PIPE;
THENCE SOUTH 5 DEGREES 52 1/2 MINUTES EAST ALONG FENCE LINE 271.0 FEET TO STONE;
THENCE NORTH 5 DEGREES 10 112 MINUTES WEST 2633.35 FEET TO STONE AT CORNER OF
FOX RIVER GARDENS SUBDIVISION; THENCE NORTH 69 DEGREES 25 1/2 MINUTES WEST
ALONG FENCE LINE 1468.50 FEET TO PLACE OF BEGINNING IN KENDALL COUNTY, ILLINOIS,
AND ALSO LOTS 49 AND 50 IN FOX RIVER GARDENS, A SUBDIVISION OF SECTIONS 27, 28 AND
34, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED NOVEMBER 23, 1928.
(EXCEPTING THEREFROM PART OF THE NORTHWEST 1/4 OF SECTION 33 AND PART OF THE
NORTHWEST 1/4 OF SECTION 34, ALL IN TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER
OF THE NORTHEAST 1/4 OF SAID SECTION 33; THENCE WEST ALONG THE NORTH LINE OF
SAID NORTHEAST 1/4 885.06 FEET; THENCE SOUTH 11 DEGREES 35 MINUTES WEST 216.26
FEET; THENCE SOUTH 4 DEGREES EAST 706.73 FEET TO THE NORTHERLY LINE EXTENDED
WESTERLY OF A 16._0 FOOT WIDE LANE LEADING TO NELSON J. QUINSEY'S SUBDIVISION AS
RECORDED MARCH 3, 1922 IN BOOK 7 OF PLATS, PAGE 11; THENCE SOUTH 84 DEGREES 45
MINUTES 38 SECONDS EAST ALONG SAID NORTHERLY LINE EXTENDED WESTERLY 269.64
FEET; THENCE SOUTH 5 DEGREES 55 MINUTES 26 SECONDS, EAST 16.31 FEET TO THE
SOUTHERLY LINE OF SAID 16.0 FOOT WIDE LANE FOR THE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 5 DEGREES 55 MINUTES 26 SECONDS EAST 876.00 FEET TO THE NORTH
BANK OF THE FOX RIVER; THENCE NORTH 65 DEGREES 48 MINUTES 44 SECONDS EAST
ALONG SAID NORTH BANK OF THE FOX RIVER 264.90 FEET TO THE WEST LINE OF LOT 30 OF
NELSON J. QUINSEY'S SUBDIVISION; THENCE NORTH 3 DEGREES 31 MINUTES 30 SECONDS
WEST ALONG THE WEST LINE OF SAID LOT 30, 234.13 FEET TO THE NORTHWEST CORNER OF
SAID LOT 30; THENCE NORTH 77 DEGREES 42 MINUTES 49 SECONDS EAST ALONG THE
NORTH LINE OF NELSON J. QUINSEY'S SUBDIVISION 396.65 FEET TO THE SOUTHWESTERLY
LINE OF SAID 16.0 FOOT WIDE LANE; THENCE NORTH 14 DEGREES 09 MINUTES 18 SECONDS
WEST ALONG SAID SOUTHWESTERLY LINE 109.69 FEET; THENCE NORTHERLY ALONG A
CURVE TO THE LEFT, HAVING A RADIUS OF 236.15 FEET, AN ARC DISTANCE OF 245.90 FEET;
THENCE NORTH 73 DEGREES 49 MINUTES 01 SECONDS WEST 13.18 FEET; THENCE
NORTHERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 718.83 FEET, AN ARC
DISTANCE OF 128.99 FEET; THENCE NORTH 84 DEGREES 05 MINUTES 55 SECONDS WEST
32.70 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF
130.89 FEET, AN ARC DISTANCE OF 94.49 FEET; THENCE NORTH 42 DEGREES 44 MINUTES 10
SECONDS WEST 35.04 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT,
HAVING A RADIUS OF 188.68 FEET, AN ARC DISTANCE OF 138.39 FEET; THENCE NORTH 84
DEGREES 45 MINUTES 38 SECONDS WEST 116.28 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS,
AND
Exhibit A
Pg2of3
ALSO EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION 33 AND PART
OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE
NORTH LINE OF QUINSEY'S SUBDIVISION EXTENDED EASTERLY WITH THE WEST LINE OF LOT
178, FOX RIVER GARDENS; THENCE WESTERLY ALONG SAID NORTH LINE EXTENDED AND
SAID NORTH LINE, 1484.28 FEET; THENCE NORTHERLY ALONG A TANGENTIAL CURVE TO THE
RIGHT HAVING A RADIUS OF 90.0 FEET, A DISTANCE OF 138.65 FEET; THENCE NORTHERLY
ALONG A TANGENTIAL LINE, 16.69 FEET; THENCE NORTHERLY ALONG A TANGENTIAL CURVE
TO THE LEFT HAVING A RADIUS OF 252.15 FEET A DISTANCE OF 262.56 FEET; THENCE
WESTERLY ALONG A TANGENTIAL LINE, 13.18 FEET; THENCE WESTERLY ALONG A
TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 734.93 FEET, A DISTANCE OF 131.86
FEET; THENCE WESTERLY ALONG A TANGENTIAL LINE, 32.70 FEET; THENCE WESTERLY
ALONG A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 114.89 FEET, A DISTANCE
OF 82.94 FEET; THENCE NORTHERLY ALONG A TANGENTIAL LINE, 41.27 FEET; THENCE
WESTERLY ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 204.68 FEET,
92.04 FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 156 DEGREES 39,
MINUTES 26 SECONDS WITH A LINE RADIAL TO THE LAST DESCRIBED CURVE AT THE LAST
DESCRIBED POINT, 56.15 FEET; THENCE EASTERLY ALONG A LINE FORMING AN ANGLE OF 85
DEGREES 00 MINUTES 52 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED
COUNTER CLOCKWISE THEREFROM, 816.34 FEET; THENCE EASTERLY ALONG A LINE
FORMING AN ANGLE OF 199 DEGREES 15 MINUTES 36 SECONDS WITH THE LAST DESCRIBED
COURSE, MEASURED COUNTER CLOCKWISE THEREFROM, 1258.35 FEET TO THE WEST LINE
OF LOT 176, FOX RIVER GARDENS; THENCE SOUTHERLY ALONG THE WEST LINE OF LOTS 176,
177 AND 178, FOX RIVER GARDENS, 459.31 FEET TO THE POINT OF BEGINNING) IN BRISTOL
TOWNSHIP, KENDALL COUNTY, ILLINOIS.
G\317.026\LEGALCOMT.DOC
G\317.026\LEGALCOMT.TXT
Exhibit A
Page 3 of 3
TAUS FARM LEGAL DESCRIPTION
317.026
tYtc j_
THAT PART OF SECTIONS 27,28,33 AND 34, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT A STONE MONUMENT WITH CROSS INTERSECTING THE
SECTION LINE BETWEEN SECTIONS 27 AND 28 AFORESAID WITH THE
NORTHERLY LINE OF THE "TAUS PROPERTY" CONVEYED BY QUIT CLAIM DEED
RECORDED OCTOBER 20,1939 IN BOOK 92 PAGE 440 IN KENDALL COUNTY,
ILLINOIS, AND DEPICTED ON A PLAT OF SURVEY BY FRANK HEMETTA DATED
AUGUST 11,1939; THENCE NORTH 76 DEGREES 21 MINUTES 35 SECONDS
WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 563.00 FEET TO THE
NORTHWEST CORNER OF SAID "TAUS PROPERTY"; THENCE SOUTH 05
DEGREES 10 MINUTES 58 SECONDS WEST ALONG THE WESTERLY LINE OF
SAID "TAUS PROPERTY", A DISTANCE OF 2129.82 FEET TO AN ANGLE POINT IN
SAID WESTERLY LINE; THENCE SOUTH 10 DEGREES 25 MINUTES 41 SECONDS
EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 721.90 FEET (722.64 FEET
DEED) TO A STONE MONUMENT WITH CROSS ON THE NORTHERLY LINE
EXTENDED WESTERLY OF A 16.00 FOOT WIDE LANE LEADING TO QUINSEY'S
SUBDIVISION ; THENCE SOUTH 88 DEGREES 57 MINUTES 30 SECONDS EAST
ALONG SAID NORTHERLY LINE EXTENDED AND SAID NORTHERLY LINE, A
DISTANCE OF 386.93 FEET, THENCE SOUTHERLY ALONG A TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 204.68 FEET, SUBTENDING A
CHORD BEARING SOUTH 80 DEGREES 45 MINUTES 43 SECONDS EAST, AN ARC
DISTANCE OF 58.56 FEET TO THE WESTERLY LINE OF LAND CONVEYED BY
WARRANTY DEED RECORDED JULY 22, 1986 AS DOCUMENT 863454; THENCE
NORTH 05 DEGREES 54 MINUTES 31 SECONDS WEST ALONG SAID WESTERLY
LINE, A DISTANCE OF 56.15 FEET TO THE NORTHERLY LINE OF LAND
CONVEYED BY SAID DOCUMENT 863454; THENCE NORTH 88 DEGREES 54
MINUTES 56 SECONDS EAST ALONG SAID NORTHERLY LINE, A DISTANCE
816.34 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE NORTH 69
DEGREES 36 MINUTES 09 SECONDS EAST ALONG SAID NORTHERLY LINE, A
DISTANCE OF 1258.35 FEET TO THE EASTERLY LINE OF SAID "TAUS
PROPERTY"; THENCE NORTH 12 DEGREES 05 MINUTES 50 SECONDS WEST
ALONG SAID EASTERLY LINE, A DISTANCE OF 1900.74 FEET TO A STONE
MONUMENT WITH CROSS AT THE NORTHEAST CORNER OF SAID "TAUS
PROPERTY"; THENCE NORTH 76 DEGREES 21 MINUTES 35 SECONDS WEST
ALONG THE NORTHERLY LINE OF SAID "TAUS PROPERTY", A DISTANCE OF
1468.56 FEET (1468.50 FEET DEED) TO THE POINT OF BEGINNING, IN KENDALL
COUNTY, ILLINOIS.
TOGETHER WITH: LOTS 49 AND 50 IN FOX RIVER GARDENS SUBDIVISION,
BEING A SUBDIVISION IN PART OF SECTIONS 27, 28 AND 34, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED APRIL 22, 1927 AS DOCUMENT 53913, IN
KENDALL COUNTY, ILLINOIS. CONTAINING 129.52 ACRES MORE OR LESS.
Exhibit B
Page 1 of 2
TAUS FARM
ANNEXATION
LEGAL DESCRIPTION
317.026
THAT PART OF SECTIONS 27,28,33 AND 34, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT A STONE MONUMENT WITH CROSS INTERSECTING THE
SECTION LINE BETWEEN SECTIONS 27 AND 28 AFORESAID WITH THE
NORTHERLY LINE OF THE "TAUS PROPERTY" CONVEYED BY QUIT CLAIM DEED
RECORDED OCTOBER 20, 1939 IN BOOK 92 PAGE 440 IN KENDALL COUNTY,
ILLINOIS, AND DEPICTED ON A PLAT OF SURVEY BY FRANK HEMETTA DATED
AUGUST 11, 1939; THENCE NORTH 76 DEGREES 21 MINUTES 35 SECONDS
WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 142.43 FEET TO A LINE
DRAWN PARALLEL WITH AND 416.00 FEET (NORMALLY DISTANT) EASTERLY OF
THE NORTHERMOST WESTERLY LINE OF SAID "TAUS PROPERTY" AND THE
POINT OF BEGINNING; THENCE SOUTH 05 DEGREES 10 MINUTES 58 SECONDS
WEST ALONG SAID PARALLEL LINE, A DISTANCE OF 1811.54 FEET; THENCE
NORTH 84 DEGREES 48 MINUTES 06 SECONDS WEST, A DISTANCE OF 174.85
FEET; THENCE SOUTH 05 DEGREES 11 MINUTES 54 SECONDS WEST, A
DISTANCE OF 216.72 FEET; THENCE SOUTHERLY ALONG A TANGENTIAL
CURVE TO THE LEFT HAVING A RADIUS OF 1027.00 FEET, SUBTENDING A
CHORD BEARING SOUTH 01 DEGREE 58 MINUTES 38 SECONDS WEST, AN ARC
DISTANCE OF 115.47; THENCE SOUTH 01 DEGREE 14 MINUTES 37 SECONDS
EAST, A DISTANCE OF 96.00 FEET TO A POINT ON THE SOUTHERLY LINE OF
QUINSEY ROAD EXTENDED EASTERLY; THENCE SOUTH 88 DEGREES 45
MINUTES 23 SECONDS WEST ALONG SAID SOUTHERLY LINE EXTENDED, A
DISTANCE OF 205.41 FEET TO THE WESTERLY LINE OF SAID "TAUS
PROPERTY"; THENCE SOUTH 10 DEGREES 25 MINUTES 41 SECONDS EAST
ALONG SAID WESTERLY LINE, A DISTANCE OF 520.61 FEET TO STONE
MONUMENT WITH CROSS ON THE NORTHERLY LINE EXTENDED WESTERLY OF
A 16.00 FOOT LANE LEADING TO QUINSEY'S SUBDIVISION; THENCE SOUTH 88
DEGREES 57 MINUTES 30 SECONDS EAST ALONG SAID NORTHERLY LINE
EXTENDED AND SAID NORTHERLY LINE, A DISTANCE OF 386.93 FEET; THENCE
SOUTHERLY ALONG A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS
OF 204.68 FEET, SUBTENDING A CHORD BEARING SOUTH 80 DEGREES 45
MINUTES 43 SECONDS EAST, AN ARC DISTANCE OF 58.56 FEET TO THE
WESTERLY LINE OF LAND CONVEYED BY WARRANTY DEED RECORDED JULY
22, 1986 AS DOCUMENT 863454; THENCE NORTH 05 DEGREES 54 MINUTES 31
SECONDS WEST ALONG SAID WESTERLY LINE, A DISTANCE OF 56.15 FEET TO
THE NORTHERLY LINE CONVEYED BY SAID DOCUMENT 863454; THENCE
NORTH 88 DEGREES 54 MINUTES 56 SECONDS EAST ALONG SAID NORTHERLY
LINE, A DISTANCE OF 816.34 FEET TO AN ANGLE POINT IN SAID NORTHERLY
LINE, THENCE NORTH 69 DEGREES 36 MINUTES 09 SECONDS EAST ALONG
SAID NORTHERLY LINE, A DISTANCE OF 1258.35 FEET TO THE EASTERLY LINE
OF SAID "TAUS PROPERTY"; THENCE NORTH 12 DEGREES 05 MINUTES 50
Exhibit B
Page 2 of 2
SECONDS WEST ALONG SAID EASTERLY LINE, A DISTANCE OF 1900.74 FEET
TO A STONE MONUMENT WITH CROSS AT THE NORTHEAST CORNER OF SAID
"TAUS PROPERTY"; THENCE NORTH 76 DEGREES 21 MINUTES 35 SECONDS
WEST ALONG THE NORTHERLY LINE OF SAID "TAUS PROPERTY", A DISTANCE
OF 1610.98 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS.
TOGETHER WITH: LOTS 49 AND 50 IN FOX RIVER GARDENS SUBDIVISION,
BEING A SUBDIVISION IN PART OF SECTIONS 27, 28 AND 34, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED APRIL 22, 1927 AS DOCUMENT 53913, IN
KENDALL COUNTY, ILLINOIS.
TOGETHER WITH: ALL THAT PART OF WEST ROAD IN FOX RIVER GARDENS
SUBDIVISION, BEING A SUBDIVISION IN PART OF SECTIONS 27, 28 AND 34,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED APRIL 22, 1927 AS DOCUMENT
53913, LYING NORTH OF AND COINCIDENT WITH LOTS 49 AND 50 IN SAID FOX
RIVER GARDENS SUBDIVISION, IN KENDALL COUNTY ILLINOIS. (EXCEPTING
THEREFROM ANY PART THEREOF PREVIOUSLY ANNEXED TO THE CITY OF
YORKVILLE).
Imm PRELIMINARY PLAT DEW CUM ` HEARTLAND CIRCLE
- - --- ruf
.p , ......_... ffiLm m7m uE
LK IN
YORKVILLE
COWW TE LUM Exhibit C
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Exhibit D Page"1 of 3
Legal Description (R-2)
THAT PART OF SECTIONS 27, 28, 33 AND 34, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A STONE IN THE
SECTION LINE BETWEEN SECTION 27 AND 28 AFORESAID, 1696.2 FEET NORTH OF THE
CORNER FOR SECTIONS 27, 28, 33 AND 34; THENCE NORTH 69 DEGREES 25 1/2 MINUTES,
WEST ALONG FENCE LINE 563.0 FEET TO A STONE MONUMENT AT FENCE CORNER; THENCE
SOUTH 12 DEGREES 7 112 MINUTES WEST ALONG LINE OF FENCE 2129.82 FEET TO A STONE IN
THE ANGLE OF FENCE; THENCE SOUTH 3 DEGREES 26 1/2 MINUTES EAST ALONG FENCE LINE,
722.64 FEET TO A STONE (SAID STONE BEING 1000 FEET NORTH OF STONE MONUMENT ON
BANK OF FOX RIVER AT CORNER OF FENCE); THENCE SOUTH 82 DEGREES 05 1/2 MINUTES
EAST ALONG NORTH LINE OF 16 FOOT LANE, 269.26 FEET TO A STONE MONUMENT; THENCE
SOUTH 3 DEGREES 26 1/2 MINUTES, EAST 867.0 FEET TO A STONE MONUMENT ON BANK OF
FOX RIVER; THENCE NORTH 69 DEGREES 39 MINUTES, EAST ALONG BANK OF FOX RIVER
262.0 FEET TO AN IRON PIPE; THENCE NORTH 0 DEGREES 51 1/2 MINUTES WEST ALONG LINE
OF FENCE 215.0 FEET TO A PIPE AT CORNER OF FENCE; THENCE NORTH 80 DEGREES 22 1/2
MINUTES, EAST ALONG LINE OF FENCE 1981.0 FEET TO CORNER OF FENCE AND IRON PIPE;
THENCE SOUTH 5 DEGREES 52 1/2 MINUTES EAST ALONG FENCE LINE 271.0 FEET TO STONE;
THENCE NORTH 5 DEGREES 10 1/2 MINUTES WEST 2633.35 FEET TO STONE AT CORNER OF
FOX RIVER GARDENS SUBDIVISION; THENCE NORTH 69 DEGREES 25 1/2 MINUTES WEST
ALONG FENCE LINE 1468.50 FEET TO PLACE OF BEGINNING IN KENDALL COUNTY, ILLINOIS,
AND ALSO LOTS 49 AND 50 IN FOX RIVER GARDENS, A SUBDIVISION OF SECTIONS 27, 28 AND
34, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED NOVEMBER 23, 1928.
(EXCEPTING THEREFROM PART OF THE NORTHWEST 1/4 OF SECTION 33 AND PART OF THE
NORTHWEST 1/4 OF SECTION 34, ALL IN TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER
OF THE NORTHEAST 114 OF SAID SECTION 33; THENCE WEST ALONG THE NORTH LINE OF
SAID NORTHEAST 1/4 885.06 FEET; THENCE SOUTH 11 DEGREES 35 MINUTES WEST 216.26
FEET; THENCE SOUTH 4 DEGREES EAST 706.73 FEET TO THE NORTHERLY LINE EXTENDED
WESTERLY OF A 16.0 FOOT WIDE LANE LEADING TO NELSON J. QUINSEY'S SUBDIVISION AS
RECOR-DED MARCH 3, 1922 IN BOOK 7 OF PLATS, PAGE 11; THENCE SOUTH 84 DEGREES 45
MINUTES 38 SECONDS EAST ALONG SAID NORTHERLY LINE EXTENDED WESTERLY 269.64
FEET; THENCE SOUTH 5 DEGREES 55 MINUTES 26 SECONDS, EAST 16.31 FEET TO THE
SOUTHERLY LINE OF SAID 16.0 FOOT WIDE LANE FOR THE POINT OF BEGINNING; THENCE
CONTINUING SOUTH 5 DEGREES 55 MINUTES 26 SECONDS EAST 876.00 FEET TO THE NORTH
BANK OF THE FOX RIVER; THENCE NORTH 65 DEGREES 48 MINUTES 44 SECONDS EAST
ALONG SAID NORTH BANK OF THE FOX RIVER 264.90 FEET TO THE WEST LINE OF LOT 30 OF
NELSON J. QUINSEY'S SUBDIVISION; THENCE NORTH 3 DEGREES 31 MINUTES 30 SECONDS
WEST ALONG'THE WEST LINE OF SAID LOT 30, 234.13 FEET TO THE NORTHWEST CORNER OF
SAID LOT 30; THENCE NORTH 77 DEGREES 42 MINUTES 49 SECONDS EAST ALONG THE
NORTH LINE OF NELSON J. QUINSEY'S SUBDIVISION 396.65 FEET TO THE SOUTHWESTERLY
LINE OF SAID 16.0 FOOT WIDE LANE; THENCE NORTH 14 DEGREES 09 MINUTES 18 SECONDS
WEST ALONG SAID SOUTHWESTERLY LINE 109.69 FEET; THENCE NORTHERLY ALONG A
CURVE TO THE LEFT, HAVING A RADIUS OF 236.15 FEET, AN ARC DISTANCE OF 245.90 FEET;
THENCE NORTH 73 DEGREES 49 MINUTES 01 SECONDS WEST 13.18 FEET; THENCE
NORTHERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 718.83 FEET, AN ARC
DISTANCE OF 128.99 FEET; THENCE NORTH 84 DEGREES 05 MINUTES 55 SECONDS WEST
32.70 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF
130.89 FEET, AN ARC DISTANCE OF 94.49 FEET; THENCE NORTH 42 DEGREES 44 MINUTES 10
SECONDS WEST 35.04 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT,
HAVING A RADIUS OF 188.68 FEET, AN ARC DISTANCE OF 138.39 FEET; THENCE NORTH 84
DEGREES 45 MINUTES 38 SECONDS WEST 116.28 FEET TO THE POINT OF BEGINNING, IN THE
TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS,
AND
Exhibit D
Page 2 of 3
ALSO EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION 33 AND PART
OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE
NORTH LINE OF QUINSEY'S SUBDIVISION EXTENDED EASTERLY WITH THE WEST LINE OF LOT
178, FOX RIVER GARDENS; THENCE WESTERLY ALONG SAID NORTH LINE EXTENDED AND
SAID NORTH LINE, 1484.28 FEET; THENCE NORTHERLY ALONG A TANGENTIAL CURVE TO THE
RIGHT HAVING A RADIUS OF 90.0 FEET, A DISTANCE OF 138.65 FEET; THENCE NORTHERLY
ALONG A TANGENTIAL LINE, 16.69 FEET; THENCE NORTHERLY ALONG A TANGENTIAL CURVE
TO THE LEFT HAVING A RADIUS OF 252.15 FEET A DISTANCE OF 262.56 FEET; THENCE
WESTERLY ALONG A TANGENTIAL LINE, 13.18 FEET; THENCE WESTERLY ALONG A
TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 734.93 FEET, A DISTANCE OF 131.86
FEET; THENCE WESTERLY ALONG A TANGENTIAL LINE, 32.70 FEET; THENCE WESTERLY
ALONG A TANGENTIAL CURVE TO THE RIGHT HAVING A RADIUS OF 114.89 FEET, A DISTANCE
OF 82.94 FEET; THENCE NORTHERLY ALONG A TANGENTIAL LINE, 41.27 FEET; THENCE
WESTERLY ALONG A TANGENTIAL CURVE TO THE LEFT HAVING A RADIUS OF 204.68 FEET,
92.04 FEET; THENCE NORTHERLY ALONG A LINE FORMING AN ANGLE OF 156 DEGREES 39,
MINUTES 26 SECONDS WITH A LINE RADIAL TO THE LAST DESCRIBED CURVE AT THE LAST
DESCRIBED POINT, 56.15 FEET; THENCE EASTERLY ALONG A LINE FORMING AN ANGLE OF 85
DEGREES 00 MINUTES 52 SECONDS WITH THE LAST DESCRIBED COURSE, MEASURED
COUNTER CLOCKWISE THEREFROM, 816.34 FEET; THENCE EASTERLY ALONG A LINE
FORMING AN ANGLE OF 199 DEGREES 15 MINUTES 36 SECONDS WITH THE LAST DESCRIBED
COURSE, MEASURED COUNTER CLOCKWISE THEREFROM, 1258.35 FEET TO THE WEST LINE
OF LOT 176, FOX RIVER GARDENS; THENCE SOUTHERLY ALONG THE WEST LINE OF LOTS 176,
177 AND 178, FOX RIVER GARDENS, 459.31 FEET TO THE POINT OF BEGINNING) IN BRISTOL
TOWNSHIP, KENDALL COUNTY, ILLINOIS.
G\317.026\LEGALCOMT.DOC
G\317.026\LEGALCOMT.TXT
Exhibit D
Page 3 of 3
TAUS FARM LEGAL DESCRIPTION
317.026
t/t{j-Yl,f- Did. 4s.
THAT PART OF SECTIONS 27,28,33 AND 34, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT A STONE MONUMENT WITH CROSS INTERSECTING THE
SECTION LINE BETWEEN SECTIONS 27 AND 28 AFORESAID WITH THE
NORTHERLY LINE OF THE "TAUS PROPERTY" CONVEYED BY QUIT CLAIM DEED
RECORDED OCTOBER 20,1939 IN BOOK 92 PAGE 440 IN KENDALL COUNTY,
ILLINOIS, AND DEPICTED ON A PLAT OF SURVEY BY FRANK HEMETTA DATED
AUGUST 11,1939; THENCE NORTH 76 DEGREES 21 MINUTES 35 SECONDS
WEST ALONG SAID NORTHERLY LINE, A DISTANCE OF 563.00 FEET TO THE
NORTHWEST CORNER OF SAID "TAUS PROPERTY"; THENCE SOUTH 05
DEGREES 10 MINUTES 58 SECONDS WEST ALONG THE WESTERLY LINE OF
SAID "TAUS PROPERTY", A DISTANCE OF 2129.82 FEET TO AN ANGLE POINT IN
SAID WESTERLY LINE; THENCE SOUTH 10 DEGREES 25 MINUTES 41 SECONDS
EAST ALONG SAID WESTERLY LINE, A DISTANCE OF 721.90 FEET (722.64 FEET
DEED) TO A STONE MONUMENT WITH CROSS ON THE NORTHERLY LINE
EXTENDED WESTERLY OF A 16.00 FOOT WIDE LANE LEADING TO QUINSEY'S
SUBDIVISION ; THENCE SOUTH 88 DEGREES 57 MINUTES 30 SECONDS EAST
ALONG SAID NORTHERLY LINE EXTENDED AND SAID NORTHERLY LINE, A
DISTANCE OF 386.93 FEET; THENCE SOUTHERLY ALONG A TANGENTIAL
CURVE TO THE RIGHT HAVING A RADIUS OF 204.68 FEET, SUBTENDING A
CHORD BEARING SOUTH 80 DEGREES 45 MINUTES 43 SECONDS EAST, AN ARC
DISTANCE OF 58.56 FEET TO THE WESTERLY LINE OF LAND CONVEYED BY
WARRANTY DEED RECORDED JULY 22, 1986 AS DOCUMENT 863454; THENCE
NORTH 05 DEGREES 54 MINUTES 31 SECONDS WEST ALONG SAID WESTERLY
LINE, A DISTANCE OF 56.15 FEET TO THE NORTHERLY LINE OF LAND
CONVEYED BY SAID DOCUMENT 863454; THENCE NORTH 88 DEGREES 54
MINUTES 56 SECONDS EAST ALONG SAID NORTHERLY LINE, A DISTANCE
816.34 FEET TO AN ANGLE POINT IN SAID NORTHERLY LINE; THENCE NORTH 69
DEGREES 36 MINUTES 09 SECONDS EAST ALONG SAID NORTHERLY LINE, A
DISTANCE OF 1258.35 FEET TO THE EASTERLY LINE OF SAID "TAUS
PROPERTY"; THENCE NORTH 12 DEGREES 05 MINUTES 50 SECONDS WEST
ALONG SAID EASTERLY LINE, A DISTANCE OF 1900.74 FEET TO A STONE
MONUMENT WITH CROSS AT THE NORTHEAST CORNER OF SAID "TAUS
PROPERTY"; THENCE NORTH 76 DEGREES 21 MINUTES 35 SECONDS WEST
ALONG THE NORTHERLY LINE OF SAID "TAUS PROPERTY", A DISTANCE OF
1468.56 FEET (1468.50 FEET DEED) TO THE POINT OF BEGINNING, IN KENDALL
COUNTY, ILLINOIS.
TOGETHER WITH: LOTS 49 AND 50 IN FOX RIVER GARDENS SUBDIVISION,
BEING A SUBDIVISION IN PART OF SECTIONS 27, 28 AND 34, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO
THE PLAT THEREOF RECORDED APRIL 22, 1927 AS DOCUMENT 53913, IN
KENDALL COUNTY, ILLINOIS. CONTAINING 129.52 ACRES MORE OR LESS.
j 1` PRELIMINARY LANDSCAPE PLAN
7 �- x HEARTLAND CIRCLE
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Exhibit"F"
SCHOOL LAND-CASH CONTRIBUTION LETTER
The letter from the Yorkville Community School District#115 in regard to land-cash
contribution is on file with the United City of Yorkville.
01/16/2003 08 18 FAX 630 553 5764 DANIEL J. KRAMER IA0021002
YORKVILLE COMMUNITY UNIT DISTRICT 115
602 Center Parkway, Suite A,R O. Box 579
Yorkville,IL 60560-0579
Telephone (630) 553-4382
Fax (630)553-4398
YORKVILLE HIGH SCHOOL
797 Game Farm Road
Yorkville,Bllnols 60560
Telephone(630)553-4380
YORKVILLE MIDDLE SCHOOL
702 Came Farm Road
Yorkville,flUnois 60560
Telephone(630)5534385
CIRCLE CENTER
INTERMEDIATE SCHOOL
901 Mill Simi December 4, 2002
Yorkville,011nols 60560
Telephone(630)553.4388
YORKVILLE GRADE SCHOOL
201 West Sornonauk Street
Yorkville,Illinels 60560
Telephone(630)553-4390 Mr. Daniel j. Kramer
BRISTOL GRADE SCHOOL Attorney - United City of Yorkville
23 Hunt Sheet 800 Game Farm Rd.
P.O.Box 177
Brietol,Illinois 60512 Yorkville, IL 60560
Telephone(00 55)-4393
RE: Proposed annexation for subdivision Plat
for Richard Marker Associates, Inc. for
110 acres, plus or minus, Kendall, County,
Illinois
Yorkville Community Unit District 4115 requests the
contributions for this annexation be in the form of
cash contributions.
•
(:,:nri rely,
Dr. Thomas D. Engler
Superintendent
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