Ordinance 2001-49 Filed for Record in
KENDALL COUNTY, ILLINOIS
PAUL ANDERSON
01-10-2002 At 12:46 PM.
STATE OF ILLINOIS ) ORDER 18.00
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2001 - 'AR
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF
LAY-COM,INC.
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 5111-15.1-1,as amended, for the
execution of said Annexation and Planned Unit Development Agreement has been fully complied
with; and
WHEREAS, the real property is contiguous to the City.
-1-
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS. AS FOLLOWS:
Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute.
on behalf of the City, an Annexation and Planned Unit Development Agreement concerning the
annexation and development of the real estate described therein, a copy of which Annexation and
Planned Unit Development Agreement is attached hereto and made a part hereof.
Section 2: That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
MIKE ANDERSON _ JOSEPH BESCO _
VALERIE BURR PAUL JAMES
LARRY KOT MARTY MUNNS `►
ROSE SPEARS RICHARD STICKA
APPROVED by m msMayor of the United City of Yorkville,Kendall County,Illinois,this
( day of �- , A.D. 20-.
MAYOR
PASSED by the Cit Council of the United City of Yorkville,Kendall County,Illinois this
�' ay of ,A.D. 20 J.
Attest:
CITY LERK
Prepared by and Return to:
Law Offices of Daniel J. Kramer
I I 07 S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
-2-
� k
Exhibit"A"
LEGAL DESCRIPTION
This is to certify that we, James M. Olson Associates, Ltd., Illinois Professional Land Surveyors
have surveyed and located improvements on the Northeast Quarter of the Southeast Quarter of
Section 9, Township 37 North,Range 7 East of the Third Principal Meridian, in Bristol
Township, Kendall County, Illinois and that part of Section 10, Township 37 North,Range 7
East of the Third Principal Meridian described as follows: Beginning at the Southwest corner of
the North Half of the Southwest Quarter of said Section 10,thence North along the West line of
said section, 2327.17 feet to the center line of Galena Road; thence southeasterly along said
center line to the West line of land conveyed to Jerry W. Rider by Warranty Deed dated October
15, 1911 and recorded in Book 66 at page 255 and depicted in Plat Book 1 at page 62; thence
continuing southeasterly along said center line 251.46 feet; thence South along said West line of
Rider's lands, 1104.46 feet to the South line of the North Half of the South Half of said section;
thence West along said South line to the point of beginning in Bristol Township,Kendall County
and containing 154.650 acres as shown on the plat hereon drawn which is a correct
representation of said survey.
2002 X00011`9
Filed for Record in
KENDALL COUNTY, ILLINOIS
PAUL ANDERSON
Revised September 11, 2001 01-10--2002 At 12:46 PM.
ANNEX AGREE 44. 00
STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
F,
ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT
BETWEEN THE UNITED CITY OF YORKVILLE AND
LAY-COM, INC., DEVELOPER AND OWNER OF RECORD
NOW COMES, DEVELOPER, LAY-COM,INC., Owner of Record of certain real
property described in the attached Exhibit"A",hereinafter referred to as
"OWNER/DEVELOPER", and the UNITED CITY OF YORKVILLE, an Illinois Municipal
Corporation,hereinafter referred to as "CITY",who hereby enter into this Annexation and
Planned Unit Development Agreement to supplement and in addition to the Petition for Zoning
and Annexation, Petition for Concept Plan approval, and drawings submitted therewith, to be
approved by the City Council of the UNITED CITY OF YORKVILLE upon the following terms
and conditions and in consideration of the various agreements made between the parties they
agree as follows:
1. WHEREAS, each party agrees that it is in the best interest of the
OWNER/DEVELOPER and the CITY to annex and develop the subject real
property described in the attached Exhibit"A" as a development establishing a
unique open space character and to provide for the orderly flow of traffic in the
-1-
development to adjoining real property; as well as to provide three (3) diverse
zoning classifications therein; and
2. WHEREAS, each party agrees that it is in the best interest of the local
governmental bodies affected and the OWNER/DEVELOPER to provide for
specific performance standards in the development of the subject property because
of the unique development proposed therein; and
3. WHEREAS, each party agrees that an impact will be had on the services of the
CITY by development of said real property; and
4. WHEREAS, the OWNER/DEVELOPER has agreed to perform certain
requirements pursuant to this Agreement as well as made by Ordinances by the
CITY.
5. WHEREAS, the subject real property is located within the one and one-half(1 '/2)
mile planning jurisdiction of the CITY and is expected to become contiguous to
the corporate boundaries of the CITY; and is not located within the corporate
boundaries of any other municipality; nor is any portion thereof classified as flood
plain; and
6. WHEREAS, OWNER/DEVELOPER desires to annex the said real property
described in the attached Exhibit"A" into the CITY, its Plan Commission has
considered the Petition and recommended annexation, zoning as hereafter set out,
and approval of a Concept Plan, and the City Council has heretofore both
requested and approved the proposed land use and the zoning of the same at the
request of OWNER/DEVELOPER; and
-2-
7. WHEREAS, all parties to this Agreement desire to set forth certain terms and
conditions upon which the land heretofore described will be annexed to the CITY
in an orderly manner; and
8. WHEREAS, OWNER/DEVELOPER have requested a minor modification of
setback requirements in the R-1 zoned parcel for purposes of encouraging the
most effective and aesthetic use of natural contours,trees and vegetation,
topographic, and open space features on-site, which the CITY has agreed to
permit; and
9. WHEREAS, OWNER/DEVELOPER and its representatives have discussed the
proposed Annexation and have had public meetings with the Plan Commission
and the City Council, and prior to the execution hereof, notice was duly published
and a Public Hearing was held to consider this Agreement, as required by the
statutes of the State of Illinois in such case made and provided in front of the City
Council:
NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree as follows:
A) The subject real property described in the attached Exhibit"A" shall be annexed
to the CITY and zoned in conformance with the zoning classifications set forth in
the Zoning Classification List, a copy of which is attached as Exhibit`B" and
made part hereof providing for R-1 P.U.D. Residential District as to the legal
description attached hereto and set forth herein as Exhibit"C"; R-3 P.U.D.
-3-
Residential District as to the legal description attached hereto and set forth herein
as Exhibit"D", B-3 P.U.D. Service Business District as attached hereto and set
forth herein as Exhibit"E". All of the subject real property shall be developed in
general conformance with the approved Concept Plan attached hereto as Exhibit
"F" as to the real property located West of Cannonball Trail and incorporated
herein by reference as Exhibit"F" and dated April 16, 2001 and Revised April 24,
2001. The subdivision shall further be developed and improved in conformance
with the City Subdivision Control Ordinance and City Landscape Ordinance. If a
conflict exists between the terms contained in the City Subdivision Control
Ordinance and the City Landscape Ordinance, the City Landscape Ordinance shall
control.
B) That R-1 One-Family Residence District areas of the development shall be
governed by the following performance standards which shall when in conflict
with the City Subdivision Control Ordinance take precedence:
1) R-1 Lot sizes shall be a minimum of 25,000 square feet and shall have a
minimum width of 100 feet at the front building line as calculated on the
approved Concept Plan as set out in the attached Exhibit"F".
2) R-1 Front yard setbacks shall be a minimum of thirty (30') feet.
3) R-1 Rear yard setbacks shall be a minimum of fifty(50') feet.
4) R-1 Side yard setbacks shall be a minimum of ten(10') feet. However,
OWNER/DEVELOPER shall endeavor to use a minimum fifteen(15')
foot side yard setback whenever possible to make a maximum use of the
-4-
natural contours of the development and other significant topographic and
landscape features of the R-1 unit requiring a ten(10') foot side yard
setback.
5) The R-1 zoning area shall be served with individual private well and septic
systems,until such time that the CITY has installed an adequate water
main adjacent to the property to serve the development.
6) That the OWNER/DEVELOPER shall with respect to the following
described lots be permitted specific setbacks described as follows:
a) R-1 Side yard setbacks for side yards fronting on a street will be
twenty(20') feet.
7) a) OWNER/DEVELOPER shall install City water mains in
conformance with the United City of Yorkville Subdivision
Control Ordinance at the time of developing the R-1 parcel
designated in Exhibit"C".
b) (1) OWNER/DEVELOPER and the CITY agree that each shall
use their best efforts to secure municipal water service for
the R-1 zoned area prior to commencement of development
thereon. In the event a municipal water supply is not
available to that site, OWNER/DEVELOPER may either
proceed to develop the R-1 zoned area designated in
Exhibit"G" either with a community well and use the
municipal water mains to be installed by and at
-5-
1
OWNER/DEVELOPER expense within the R-1 zoned area
of the Subdivision, if the water supply is adequate to
support a community well that is drilled that satisfies all
Illinois EPA and Illinois Public Health Code requirements
and subject to the approval prior to drilling said community
well by the City Engineer for the United City of Yorkville.
OWNER/DEVELOPER agrees to convey said community
well to the CITY to connect onto the municipal water
system upon the municipal system becoming available
adjacent to the boundaries of the R-1 zoned parcel.
(2) OWNER/DEVELOPER and CITY shall agree on a credit
against fees, or suitable compensation for conveyance of
the private community well to the CITY in the event the
CITY desires to assume ownership of the same.
C) The transfer of said community well shall be by Bill of Sale by
OWNER/DEVELOPER to the CITY.
d) In the event that a private water system becomes necessary to
install due to the fact that the CITY system is not available at the
time of development, OWNER/DEVELOPER and CITY shall
enter into a satisfactory letter of credit or bond arrangement, or
shall approve of the technology used on the installation of the
water main to assure that the water main will be useable in the
-6-
future by the CITY so that the water main will not deteriorate from
not being charged with a CITY flow of water during the years it is
not connected to the CITY system.
8) The minimum square footage of living space exclusive of basements and
garage in the R-1 zoned parcel of the development shall be as follows:
a) Ranch style homes shall be one thousand nine hundred (1,900)
square feet.
b) Two-story or multi-level homes shall be two thousand five hundred
(2,500) square feet.
C) The net floor area shall be used to determine the living space of a
building. The net floor area shall be determined by the actual
occupy-able area and shall not include the basement or the attached
garage.
9) a) OWNER/DEVELOPER will be permitted to have private roads in
conformance with the Concept Plan on the subject real property
that is zoned R-1 West of Cannonball Trail.
b) OWNER/DEVELOPER shall be allowed to install roll-back curb
rather than high-back 136/12 curb on the roadways that are private
roadways West of Cannonball Trail. This variance is being
granted pursuant to City Ordinances by reason of the fact that said
roadways are private roadways and no curb is required pursuant to
Ordinance whatsoever on private roadways.
-7-
a �
C) The CITY shall be under no obligation to ever assume ownership
of private roadways unless they are brought up to CITY standards
by a future owner or developer.
C) 1) In the R-3 General Residence District east of Cannonball Trail, the subject
real property shall be developed in conformance with the City Subdivision
Control Ordinance and City Landscape Ordinance in effect at the date of
passage of this Agreement.
2) OWNER/DEVELOPER shall be permitted to have a maximum number of
134 dwelling units within the R-3 General Residence District so long as
the development of the dwelling units conform as set out above with the
City Subdivision Control and Landscape Ordinances.
D) That the OWNERJDEVELOPER shall pay cash contributions to the Yorkville
Community School District#115 in lieu of land contributions for schools in
conformance with the United City of Yorkville Land-Cash Ordinance in effect at
the date of Final Plat approval as to each respective phase or unit of the R-2
P.U.D. portions of the development and the R-3 General Residence District.
Attached hereto and incorporated herein as Exhibit"G" is a letter from the
Yorkville School District#115 asking to receive cash in lieu of land contribution.
For all residential phases of said subdivision,payment of these contributions shall
be made per individual residential dwelling unit concurrent with and prior to the
issuance of the subject building permit for each respective dwelling unit.
-8-
a � -
E) 1) OWNER/DEVELOPER agrees that School Transition fees to the
Yorkville School District shall be paid per residential dwelling unit in said
subdivision as required by City Ordinance at the rate of$1,500.00 for each
residential dwelling unit and Development fees and Park Land-Cash fees
shall be paid to the United City of Yorkville in conformance with the City
Ordinances or as modified herein. Said Transition, development, and
other fees shall be paid per dwelling unit concurrent with and prior to the
issuance of each respective subject dwelling unit building permit for
townhouse or other attached housing product, each dwelling unit shall be
charged said fees. 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.
No School Transition fees, or School-Park Land Cash Fees shall be
charged on any real property zoned for business, office, or manufacturing
purposes under the terms of this Agreement.
2) In the event the United City of Yorkville and the Yorkville Community
School District#115 modify the imposition of School Transition fees that
are based upon equalized assessed valuation or other method of that would
result in a lower School Transition fee being imposed, said lower fee will
be charged to OWNER/DEVELOPER.
-9-
1 �
F) In order to provide for the maintenance of the open space and storm water
management facilities, OWNER/DEVELOPER agrees to execute a consent to
creation of a Special Tax Service Area prior to execution of the First Final Plat of
Subdivision by the CITY; and the CITY shall have approved Ordinances
encumbering all residential units of said subdivision, in the event the Owner's
Association fails to carry out its maintenance responsibilities, as to trails, common
subdivision signage or other common areas of the subdivision in any of these
zoning classifications. It is anticipated by OWNER/DEVELOPER and CITY that
a separate Back-Up Special Tax Service Area shall be set up for each zoned parcel
of real property.
G) In lieu of Subdivision Control Ordinance required sidewalks the
OWNER/DEVELOPER shall install pedestrian trail system, substantially as
indicated on the approved Concept Plan(Exhibit"F") as to the R-1 zoned area
West of Cannonball Trail.
H) That the OWNER/DEVELOPER shall have the right to install and maintain two
(2) 10'x 30' double faced marketing billboard signs on the subject property to be
removed within 90 days after application for the final residential building permit
is made to the CITY. The signage permitted hereunder shall be subject to the
reasonable approval of the City Building and Zoning Officer as to location with
regard to proper sight distance to adjacent roadways and as to compliance with
Agreement.
-10-
I) That the OWNER/DEVELOPER shall have the right to install and maintain
entrance monuments on each of the separate zoning classifications on the subject
property. Such entrance monuments shall be subject to the reasonable approval of
the City Building and Zoning Officer as to location so as to ensure proper sight
distance to adjacent roadways. Such entrance monuments, and any landscaping
associated therewith, shall be maintained by the Homeowners Association
pursuant to terms of the Homeowners Association Declaration.
J) That the OWNER/DEVELOPER shall have the right throughout the course of
development of the Property, to construct model homes on the property, for each
type of housing product being constructed for purposes of marketing the dwelling
units they intend to sell to the public. Each model home site may contain a model
of each of the floor plans of the housing type that the OWNER/DEVELOPER
anticipates offering for sale and temporary fencing, lighting, signage,parking lots
and promotional structures. The OWNER/DEVELOPER shall submit to the
CITY for its review and approval plans and specifications for the model homes
that they seek to construct within a model home site. The CITY shall review and
approve or disapprove,by notice, those plans and specifications within 30 days of
their submission. Failure to provide such notice shall be conclusively deemed
approval of such plans and specifications.
K) Except to the extent varied by this Agreement the development of said property
shall be subject to approval of all Ordinances of the CITY; Preliminary Plat of
Subdivision, engineering consultant approval by CITY staff or outside review
-11-
engineering as elected by the CITY and Final Plat approval by the City Council in
conformance with the United City of Yorkville Zoning Ordinance, Subdivision
Control Ordinance, Landscape Ordinance, Sign Ordinance, United City of
Yorkville Reimbursement of Consultants and Review Fees Ordinance, which
have been voluntarily contracted to between the parties and agreed to by
OWNER/DEVELOPER as a condition of approval of the Planned Unit
Development Agreement. OWNER/DEVELOPER, except to the extent varied by
this Agreement,the Preliminary Plat and Final Plat of each unit of the
subdivision, shall comply with all requirements as set out in the United City of
Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time the
Final Plat of Subdivision is approved by the CITY as to each unit of said
subdivision.
L) No change in the United City of Yorkville Zoning Ordinance, Subdivision
Control Ordinance,Landscape Ordinance, Sign Ordinance, United City of
Yorkville Reimbursement of Consultants and of Review Fees Ordinance, and
United City of Yorkville Development Fee,which have been enacted subsequent
to the execution of this Agreement shall alter the lot sizes, setbacks,performance
standards, or other standards or requirements for this development except as
provided for in those Ordinances in effect at the time of execution of this
Agreement. OWNER/DEVELOPER,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 are applied in a nondiscriminatory manner
-12-
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 desires to take advantage of any modifications or
amendments that are enacted by the City Council after the date of execution of
this Agreement.
M) That the portion of the development zoned B-3 Service Business District shall be
governed by the following performance standards which shall when in conflict
with the United City of Yorkville Subdivision Control Ordinance shall take
precedence:
1) The required minimum front yard shall be fifty(50') feet.
2) At least one through street will connect the B-3 Service Business District
area and the R-3 General Residence District area.
N) OWNER/DEVELOPER and CITY agree that easements are necessary for off-site
improvements to serve said property with utility and municipal services. The
OWNER/DEVELOPER hereby agrees to use its best efforts to assist the CITY in
the acquisition of easements or permission to use easements from Kendall County
and any other party,private or public. The actual cost of acquisition of any off-
site easement solely benefitting OWNER/DEVELOPER shall be at the expense of
OWNER/DEVELOPER.
-13-
t
O) That on-site infrastructure construction and engineering shall be governed by the
standards contained in the United City of Yorkville Subdivision Control
Ordinance and other applicable Ordinances unless specifically addressed in the
following, in which case this Agreement shall control.
P) 1) In the event the CITY requires OWNEWDEVELOPER to oversize water
mains, sanitary sewer mains, or storm sewer lines, the parties shall enter
into a written agreement specifically providing that said costs shall be
reimbursed by the CITY, or be the subject of a Recapture Agreement and
Recapture Ordinance in favor of OWNER/DEVELOPER before
OWNER/DEVELOPER is required to perform any oversizing; the exact
amounts of said reimbursement shall be fixed after completion of the work
when final costs are available.
2) The subject property is not subject to any existing United City of
Yorkville recapture Agreement or Ordinance, and further the CITY shall
not permit any future water recapture to be assessed against the subject
real property.
Q) Any storm water detention facility constructed on-site shall comply with the
requirements as set out on the approved Preliminary Plat,Preliminary and Final
Engineering Plans to be approved by the City Engineer.
R) The CITY shall rebate to OWNER/DEVELOPER an amount equal to 50% of the
Illinois Department of Revenue's Retailer's Occupation Tax received by the
CITY from the businesses operated on the on-site B-3 business zoned property on
-14-
a quarterly basis as received by the CITY, with interest to accrue thereon at the
rate of 8% for the earlier of the period or as set out below until all eligible funds
are recovered from the date of the first business opening thereon in an amount
equal to all costs attributed to the following:
1) Eligible funds shall be defined as 6% of the cost of intersection
improvements, if required, on Cannonball Trail and Galena Rd.,bordering
the development by the Kendall County Department of Transportation,
excluding rebate of 94%which represents a benefit to the residential
portion of OWNER/DEVELOPER's subdivision, for a period not in
excess of twelve (12)years from the execution of this Agreement, or until
payment is received by OWNER/DEVELOPER,whichever occurs first.
2) The OWNER/DEVELOPER shall be reimbursed 100% of the cost of any
other off-site public improvements of the development set out above in
paragraph R-1 of this Agreement as agreed to by the parties payable out of
50% of the retailer's occupation tax received from the Illinois Department
of Revenue by the CITY from the B-3 zoned area for the subject property
for a period of not in excess of twelve (12)years from the execution of this
Agreement, or until payment is received by OWNER/DEVELOPER,
whichever occurs first.
S) The annexation and development being approved, as part of this Agreement shall
be constructed in substantial conformance with the Concept Plan attached hereto
and incorporated herein as Exhibit"F". Deviations from this Agreement shall be
-15-
allowed only if approved by majority vote of the City Council, or upon City
Engineer's approval as to technical parts of engineering plans.
T) The subject real property located East of Cannonball Trail which is being zoned
hereunder as B-3 P.U.D. Service Business District and R-3 P.U.D. Residential
District, is located within the Yorkville-Bristol Sanitary District Facility Plan
Area for sanitary sewer services. In the event that OWNER/DEVELOPER seeks
to develop the subject property, it shall be required as a condition of this
Agreement to Petition to Annex to Yorkville-Bristol Sanitary District if sanitary
sewer service is available by the District within two hundred fifty(250') feet of
the subject property, at the time OWNER/DEVELOPER seeks Preliminary Plat
approval as part of this Agreement. In the event Yorkville-Bristol Sanitary
District is unable to provide sanitary sewer service to the subject real property
zoned B-3 P.U.D. Service Business District and R-3 P.U.D. Residential District at
the time Petitioner seeks development, the United City of Yorkville shall not file
an objection nor in any way interfere with the filing of a Petition by
OWNER/DEVELOPER or Fox Metro Water Reclamation District to seek
modification of the Facility Plan Area for sanitary sewer service with the Illinois
Pollution Control Board in the event the Fox Metro Water Reclamation District is
able to provide sanitary sewer service and Yorkville-Bristol Sanitary District is
unable to provide service extension to the subject site for sanitary sewer services.
U) This Agreement shall inure to the benefit of an be binding upon the successors,
heirs, and assigns of each party hereto.
-16-
V) If any portion of this Agreement were determined to be invalid by a court of
competent jurisdiction the remaining portions thereof shall be in full force and
effect between OWNER/DEVELOPER and the CITY.
W) This Agreement shall be binding upon each party hereto and in terms of
performance for a period of twenty(20) years. In the event construction is
commenced within said twenty(20) year period all of the terms of this Agreement
shall remain enforceable despite said time limitation,unless modified by written
agreement by the CITY and OWNER/DEVELOPER.
X) The subject real property sought to be annexed by OWNER/DEVELOPER listed
in this Agreement is intended to be developed by Lay-Com, Inc. as
DEVELOPER, or future DEVELOPERS receiving an assignment of the rights
thereto. The CITY will only execute this Agreement upon
OWNER/DEVELOPER securing the signature of current Owner as to this
Agreement, or Developer's signature as Owner if Developer closes the purchase
of this property prior to execution of the same.
1) In the event the subject real property is annexed, zoned and this
Agreement is approved, but the subject real property is not developed, for
any calender year in which development does not take place, the CITY
shall rebate its portion of the real estate tax bill to the respective owner of
record of the respective parcel of real property.
-17-
r
2) The subject real property shall be automatically annexed at the time
contiguity to the CITY is obtained. Each party shall use its best efforts to
obtain contiguity.
Y) 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 OWNER/DEVELOPER: Lay-Com, Inc.
Joseph J. Popp & Gregg Gabel
662 N. Broadway
Aurora, IL 60504
Or to such other addresses as any party may from time to time designate in a
written notice to the other parties.
Z) 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. 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
-18-
1
excised here from and the remaining portions thereof shall remain in full force
and effect.
AA) 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 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.
-19-
IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this_
l9 day of S�4e4y)1)er` , 2001.
CITY:
THE UNITED CITY OF YORKVILLE
By:
MAYOR
Atte .
—o
CITY CLE
OWNER/DEVELOPER:
LAY-COM, INC.
an Illinois Corporation
By:
*IN
Attest:
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
-20-
EXHIBIT LIST
Exhibit"A" - Legal Description
Exhibit `B" - Zoning Classification List
Exhibit"C" - Legal Description for area zoned R-1
Exhibit "D" - Legal Description for area zoned R-3
Exhibit"E" - Legal Description for area zoned B-3
Exhibit "F" - Concept Plan
Exhibit"G" - School District letter
-21-
Exhibit"A"
LEGAL DESCRIPTION
This is to certify that we, James M. Olson Associates, Ltd., Illinois Professional Land Surveyors
have surveyed and located improvements on the Northeast Quarter of the Southeast Quarter of
Section 9, Township 37 North, Range 7 East of the Third Principal Meridian, in Bristol
Township, Kendall County, Illinois and that part of Section 10, Township 37 North, Range 7
East of the Third Principal Meridian described as follows: Beginning at the Southwest corner of
the North Half of the Southwest Quarter of said Section 10, thence North along the West line of
said section, 2327.17 feet to the center line of Galena Road; thence southeasterly along said
center line to the West line of land conveyed to Jerry W. Rider by Warranty Deed dated October
15, 1911 and recorded in Book 66 at page 255 and depicted in Plat Book 1 at page 62; thence
continuing southeasterly along said center line 251.46 feet; thence South along said West line of
Rider's lands, 1104.46 feet to the South line of the North Half of the South Half of said section;
thence West along said South line to the point of beginning in Bristol Township, Kendall County
and containing 154.650 acres as shown on the plat hereon drawn which is a correct
representation of said survey.
Exhibit`B"
ZONING CLASSIFICATION LIST
R-1 One-Family Residence District - as legally described in Exhibit"C"
R-3 General Residence District - as legally described in Exhibit"D"
B-3 Service Business District - as legally described in Exhibit "E"
Exhibit"C"
LEGAL DESCRIPTION
Property to be Re-Zoned as R-1 One-Family Residence District
THAT PART OF THE EAST HALF OF SECTION 9 AND THE WEST HALF OF SECTION
10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 10 WITH A LINE THAT IS 40 FEET SOUTHERLY AND
PARALLEL WITH THE CENTERLINE OF GALENA BOULEVARD; THENCE
SOUTHEASTERLY, 294.47 FEET ALONG SAID PARALLEL LINE, BEING ALONG A
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 11,420.00 FEET, A
CENTRAL ANGLE OF 01 DEGREES 28 MINUTES 39 SECONDS; THENCE SOUTH 69
DEGREES 08 MINUTES 43 SECONDS EAST, 1508.56 FEET ALONG SAID PARALLEL
LINE TANGENT TO THE LAST DESCRIBED COURSE; THENCE SOUTH 20 DEGREES
51 MINUTES 18 SECONDS WEST, 270.00 FEET; THENCE SOUTHEASTERLY, 79.12
FEET ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF
120.00 FEET, A CENTRAL ANGLE OF 37 DEGREES 46 MINUTES 32 SECONDS;
THENCE SOUTH 69 DEGREES 00 MINUTES 01 SECONDS EAST, 301.20 FEET TO A
LINE THAT IS 35 FEET WESTERLY AND PARALLEL WITH THE CENTERLINE OF
CANNONBALL TRAIL; THENCE SOUTH 11 DEGREES 32 MINUTES 00 SECONDS
WEST, 1198.79 FEET ALONG SAID PARALLEL LINE TO THE SOUTH LINE OF THE
NORTH HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 10; THENCE
SOUTH 87 DEGREES 52 MINUTES 17 DEGREES WEST, 1639.45 FEET ALONG THE
SOUTH LINE OF SAID NORTH HALF TO THE SOUTHWEST CORNER THEREOF;
THENCE SOUTH 87 DEGREES 49 MINUTES 49 SECONDS WEST, 1328.40 FEET ALONG
THE SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER
OF SAID SECTION 9; THENCE NORTH 01 DEGREES 19 MINUTES 35 SECONDS WEST,
1325.60 FEET ALONG THE WEST LINE OF SAID NORTHEAST QUARTER OF THE
SOUTHEAST QUARTER OF SECTION 9 TO THE NORTH LINE OF SAID SOUTHEAST
QUARTER; THENCE NORTH 87 DEGREES 52 MINUTES 19 SECONDS EAST, 1325.87
FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID
SOUTHEAST QUARTER; THENCE NORTH 01 DEGREES 11 MINUTES 11 SECONDS
WEST, 959.75 FEET ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF
SAID SECTION 10 TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS.
Exhibit "D"
LEGAL DESCRIPTION
Property to be Re-Zoned as R-3 General Residence District
THAT PART OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF LANDS CONVEYED
TO JERRY W. RIDER BY WARRANTY DEED DATED OCTOBER 15, 1911 RECORDED
AS DOCUMENT 887135 WITH A LINE THAT IS 35 FEET SOUTHERLY AND PARALLEL
WITH THE CENTERLINE OF GALENA ROAD; THENCE SOUTH 01 DEGREES 14
MINUTES 59 SECONDS EAST, 380.07 FEET ALONG SAID WEST LINE TO THE POINT
OF BEGINNING; THENCE SOUTH 01 DEGREES 14 MINUTES 59 SECONDS EAST,
686.83 FEET ALONG SAID WEST LINE; THENCE SOUTH 87 DEGREES 52 MINUTES 17
SECONDS WEST, 1179.64 FEET TO A LINE THAT IS 35 FEET EASTERLY AND
PARALLEL WITH THE CENTERLINE OF CANNONBALL TRAIL; THENCE NORTH 11
DEGREES 32 MINUTES 00 SECONDS EAST, 1120.36 FEET ALONG SAID PARALLEL
LINE; THENCE SOUTH 68 DEGREES 39 MINUTES 22 EAST, 1009.05 FEET TO THE
POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS.
1
Exhibit`B"
Page 1 of 2
LEGAL DESCRIPTION
Property to be Re-Zoned as B-3 Service Business District
(East of Cannonball Trail)
THAT PART OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE WEST LINE OF LANDS CONVEYED TO
JERRY W. RIDER BY WARRANTY DEED DATED OCTOBER 15, 1911 RECORDED AS
DOCUMENT 887135 WITH A LINE THAT IS 35 FEET SOUTHERLY AND PARALLEL
WITH THE CENTERLINE OF GALENA ROAD; THENCE SOUTH 01 DEGREES 14
MINUTES 59 SECONDS EAST, 380.07 FEET ALONG SAID WEST LINE; THENCE
NORTH 68 DEGREES 39 MINUTES 22 SECONDS WEST, 1009.05 FEET TO A LINE THAT
IS 35 FEET EASTERLY AND PARALLEL WITH THE CENTERLINE OF CANNONBALL
TRAIL; THENCE NORTH 11 DEGREES 32 MINUTES 00 SECONDS EAST, 354.71 FEET
ALONG SAID PARALLEL LINE TO A LINE THAT IS 35 FEET SOUTHERLY AND
PARALLEL WITH THE CENTERLINE OF GALENA ROAD, AFORESAID; THENCE
SOUTHEASTERLY, 914.38 FEET ALONG SAID PARALLEL LINE,BEING ALONG A
CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 85,908.78 FEET, A
CENTRAL ANGLE OF 00 DEGREES 36 MINUTES 35 SECONDS; THENCE SOUTH 69
DEGREES 34 MINUTES 09 SECONDS EAST, 9.10 FEET ALONG SAID PARALLEL LINE
TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS.
r .
Exhibit"E"
Page 2 of 2
LEGAL DESCRIPTION
Property to be Re-Zoned as B-3 Service Business District
(West of Cannonball Trail)
THAT PART OF THE WEST HALF OF SECTION 10, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST
QUARTER OF SAID SECTION 10 WITH A LINE THAT IS 40 FEET SOUTHERLY AND
PARALLEL WITH THE CENTERLINE OF GALENA BOULEVARD; THENCE
SOUTHEASTERLY, 294.47 FEET ALONG SAID PARALLEL LINE, BEING ALONG A
CURVE CONCAVE TO THE SOUTHWEST HAVING A RADIUS OF 11,420.00 FEET, A
CENTRAL ANGLE OF 01 DEGREES 28 MINUTES 39 SECONDS; THENCE SOUTH 69
DEGREES 08 MINUTES 43 SECONDS EAST, 1508.56 FEET ALONG SAID PARALLEL
LINE TANGENT TO THE LAST DESCRIBED COURSE TO THE POINT OF BEGINNING;
THENCE SOUTH 20 DEGREES 51 MINUTES 18 SECONDS WEST, 270.00 FEET; THENCE
SOUTHEASTERLY, 79.12 FEET ALONG A CURVE CONCAVE TO THE SOUTHWEST
HAVING A RADIUS OF 120.00 FEET, A CENTRAL ANGLE OF 37 DEGREES 46
MINUTES 32 SECONDS; THENCE SOUTH 69 DEGREES 00 MINUTES 01 SECONDS
EAST, 301.20 FEET TO A LINE THAT IS 35 FEET WESTERLY AND PARALLEL WITH
THE CENTERLINE OF CANNONBALL TRAIL; THENCE NORTH 11 DEGREES 32
MINUTES 00 SECONDS EAST, 299.82 FEET ALONG SAID PARALLEL LINE TO A LINE
THAT IS 40 FEET SOUTHERLY AND PARALLEL WITH THE CENTERLINE OF GALENA
ROAD, AFORESAID; THENCE NORTHWESTERLY, 90.05 FEET ALONG SAID
PARALLEL LINE, BEING ALONG A CURVE CONCAVE TO THE SOUTHWEST HAVING
A RADIUS OF 85,903.78 FEET, A CENTRAL ANGLE OF 37 DEGREES 46 MINUTES 32
SECONDS; THENCE NORTH 69 DEGREES 08 MINUTES 43 SECONDS WEST, 236.10
FEET ALONG SAID PARALLEL LINE TANGENT TO THE LAST DESCRIBED COURSE
TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS.
BRISTOL CENTER
Ng RO COMMERCIAL & RESIDENTIAL
qb
O
Z YORKVILLE, ILLINOIS
PLANNED COMMERCIAL / \ 0
t �
t PROPOSED VACATION OF ROW
\
t 1.7 ACRES
t \
1
t--"'
/ 6-3 HIGHWAY COMMERCIAL
5,4 ACRES
IL 11
I
Bristol< 'i 1 1 / �.•
/ �IJ i tlfPcntci'�xV
M�4 � i�' C'
1 _
i
BRISTOL IGLU B ESTATES ATTACHED SINGLE FAMILY HOMES
22.8 ACRES—ZONED R-3
3aitlir
MAXIMUM GROSS DENSITY—7.0 nUfACRE
MAXIMUM d OF UNITS= 34 UNITS
\
1
1179.57'
mQ For property to be zoned
2 • • N R-3 B-3
z LAY CO.
^�„ ;+ „ CONCEPT PLAN
00'
V � � P;^t< ecru:i'=1 •n"e�co et. o"
JOE POPP o.rc: 4-24-01 "c
/h 662 North Broadway
G
}— J(� Aurora,Illinois 60505
Phone 630-966.0397
Fax 630-966.0685 °"
5R TOLD CLUB
EKCLUSIVE ESTATES
. `'.PRIVATE CC MUNITY _ - .
YORKVILLE,ILLINOIS
�u ROW
i
T /
f \.
RICA
! 1 °
r)
t
OPEN SPACE
/ i
24 AC
�\\ HES i % i 1•�� \ / ( \ l_a - �/ \\
12.9 ACRES \ 1 t
j \. _ ��� ) `11 f/���� 1 — :•tir ti 1ij1 11\
('rzAOFEs
IN 1 \ 1 l l f{ILI 1 t
C—c"A Plan Dxt d 47641 - -
oe�rwn•llon IIYM.. xO�TDTLL oWK•• -
' - For property to be zoned R-I
n z y ..rz.rw• srr .... u.
iAY COM OONCEPr ruN
W,6
J-A
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 August 2 , 2001
Yorkville,Illinois 60560
Telephone(630)553-4388
YORKVILLE GRADE SCHOOL
201 West Somonauk Street
Yorkville,Illinois 60560
Telephone(630)553-4390 Mr. Daniel j. Kramer
BRISTOL GRADE SCHOOL Attorney - City of Yorkville
23 Hunt Street 800 Game Farm Rd.
P.O.Box 177
Bristol,Illinois 60512 Yorkville, IL 60560
Telephone(630)553-4383
RE : Proposed Annexation for the Bristol Club
on Galena Road near Bristol, Illinois
Yorkville Community Unit District #115 requests the
contributions for this annexation be in the form of
cash contributions .
Sincerely,
Dr. Thomas D. Engler
Superintendent
TDE/mlj
°VR CHiLOn
�} 115
m
1 �
W°Rf,
P