Ordinance 2000-04 r i teo tar' Kecor a in
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Revised February 25, 2000 a kIt I n�Nrdt;t t
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2000-
AN ORDINANCE AUTHORIZING THE EXECUTION OF
ANNEXATION AGREEMENT
OF PHILLIP E. KNIERIM and WINDHAM DEVELOPMENT CO., OWNER
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Annexation Agreement pertaining to the annexation and development
of the real property described in Exhibit"A"attached hereto and made a part hereof entered into by
the UNITED CITY OF YORKVILLE; and
WHEREAS, said Annexation 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 entered into said Agreement and to perform the obligations
as required hereunder; and
WHEREAS, the statutory procedures provided in 65 ILCS 5111-15-1, as amended, for the
execution of said Annexation Agreement has been fully complied with; and
WHEREAS, the property is contiguous to the United City of Yorkville:
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w r r
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 Agreement concerning the annexation and development of the
real property described therein,a copy of which Annexation Agreement is attached hereto and made
a part hereof as Exhibit`B".
Section 2: That this Ordinance shall be in full force and effect from and after its passage and
approval as provided by law.
BURTON CALLMER DAVE DOCKSTADER A-
RICHARD STICKA MIKE ANDERSON
VALERIE BURD n ROSE SPEARS
LARRY KOT THOMAS SOWINSKI
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
day of tA Q,�'d" , A.D. 2000.
MAYOR
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i
PASSED by the C y Council of the United City of Yorkville,Kendall County,Illinois this
day of , A.D. 20
Attest: h J�QtBt��n � N►ti»tc
CITY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
I I 07 South Bridge St.
Yorkville, IL 60560
630-553-9500
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LEGAL DESCRIPTION
THAT PART OF THE EAST 1/20F SECTION 31 AND PART OF THE WEST '/2 OF SECTION 32,
DWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
rOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 31; THENCE EAST ALONG THE
QUARTER SECTION LINE 1397.34 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 17
DEGREES 33 MINUTES 21 SECONDS EAST 1340.92 FEET TO THE NORTHERLY RIGHT OF WAY
LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY; THENCE SOUTH 17
DEGREES 32 MINUTES 40 SECONDS EAST 1144.42 FEET TO THE CENTER LINE OF FOX ROAD;
THENCE NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 17,188.80 FEET, 359.41 FEET; THENCE NORTH 63 DEGREES 09 MINUTES 20
SECONDS EAST ALONG SAID CENTER LINE 844.10 FEET; THENCE NORTH 18 DEGREES 15
MINUTES WEST 2012.47 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID CHICAGO,
BURLINGTON AND QUINCY RAILROAD COMPANY; THENCE NORTH 17 DEGREES 54 MINUTES
50 SECONDS WEST 1580.48 FEET TO THE SOUTHERLY BANK OF THE FOX RIVER; THENCE
WESTERLY ALONG SAID SOUTHERLY BANK TO A POINT NORTH 17 DEGREES 33 MINUTES 21
SECONDS WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 33 MINUTES 21
SECONDS EAST 1459.68 FEET TO THE POINT OF BEGINNING(EXCEPT THAT PART OF THE EAST
1/20F SECTION 31 AND PART OF THE WEST '/2 OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
CENTER OF SAID SECTION 31; THENCE EAST ALONG THE QUARTER SECTION LINE 1397.34
FEET; THENCE SOUTH 17 DEGREES 33 MINUTES 21 SECONDS EAST TO THE SOUTHERLY RIGHT
OF WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY, FOR THE
POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 32 MINUTES 40 SECONDS EAST 1144.42
'EET TO THE CENTER LINE OF FOX ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER
-INE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 17,188.80 FEET, 359.41 FEET;
THENCE NORTH 63 DEGREES 09 MINUTES 20 SECONDS EAST ALONG SAID CENTER LINE 844.10
FEET; THENCE NORTH 18 DEGREES 15 MINUTES WEST 2012.47 FEET TO THE SOUTH RIGHT OF
WAY LINE OF SAID CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY; THENCE
SOUTHWESTERLY, ALONG SAID SOUTHWESTERLY LINE, TO THE POINT OF BEGINNING; AND
ALSO EXCEPT THE RIGHT OF WAY OF THE CHICAGO,BURLINGTON AND QUINCY RAILROAD
COMPANY), IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS.
THAT PART OF THE EAST 1/20F SECTION 31 AND PART OF THE WEST 1/20F SECTION 32,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 31; THENCE EAST ALONG THE
QUARTER SECTION LINE 1397.34 FEET; THENCE SOUTH 17 DEGREES 33 MINUTES 21 SECONDS
EAST TO THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY
RAILROAD COMPANY, FOR THE POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 32
MINUTES 40 SECONDS EAST 1144.42 FEET TO THE CENTER LINE OF FOX ROAD; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE,BEING ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 17,188.80 FEET, 359.41 FEET; THENCE NORTH 63 DEGREES 09 MINUTES 20 SECONDS
EAST ALONG SAID CENTER LINE 844.10 FEET; THENCE NORTH 18 DEGREES 15 MINUTES WEST
2012.47 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID CHICAGO,BURLINGTON AND
QUINCY RAILROAD COMPANY; THENCE SOUTHWESTERLY, ALONG SAID SOUTHWESTERLY
T INE, TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY,
-LINOIS.
2000 000
Revised March 8, 2000 Filed for Record in
KENDALL COUN FY, ILLINOIS
PAUL ANULRSON
STATE OF ILLINOIS ) On 12-19-2000 At 02:125 pm.
)SS ANNEX ORD 36.00
COUNTY OF KENDALL )
ANNEXATION AGREEMENT OF
PHILLIP E. KNIERIM and WINDHAM DEVELOPMENT CO.
T is Annexation Agreement (hereinafter"Agreement"), is made and entered into this qw,)
day ofo,��ch, 2000, by and between the UNITED CITY OF YORKVILLE, a municipal
corporation, hereinafter referred to as "CITY" and PHILLIP E. KNIERIM and WINDHAM
DEVELOPMENT CO., hereinafter referred to as "OVINER/DEVELOPER",
WITNES SETH
WHEREAS, OWNER/DEVELOPER own fee simple interest to the real property which is
legally described in Exhibit"A"attached hereto,consisting of approximately 96.34 acres, more or
less (hereinafter"PROPERTY"); and which is depicted in the Annexation Plat which is attached
hereto and incorporated herein as Exhibit`B"; and
WHEREAS,it is the desire of OWNER/DEVELOPER to provide for the annexation of the
subject real PROPERTY and to develop the PROPERTY in the CITY in accordance with the terms
of this Agreement and the Ordinances of the CITY; and to provide that when said PROPERTY is
annexed zoning will be granted at that time as R-2 Single Family Residence District; and
WHEREAS, it is the desire of the CITY to annex the PROPERTY and facilitate its
development pursuant to the terms and conditions of this Agreement and the Ordinances of the
CITY; and
WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts
required by law to effectuate such annexation; and
WHEREAS,it is the intent of OWNER/DEVELOPER to design a stormwater management
system for the subject PROPERTY that is in conformance with City Ordinances; and
WHEREAS,all notices required by law relating to the annexation of the PROPERTY to the
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t
CITY have been given to the persons or entities entitled thereto, pursuant to the applicable
provisions of the Illinois Compiled Statutes; and
WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public
hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as required
by the provisions of the Illinois Compiled Statues; and
WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly
held all public hearings relating to annexation all as required by the provisions of the CITY'S
Ordinances and Illinois Compiled Statutes; and
WHEREAS,the OWNER/DEVELOPER and CITY agree that upon Annexation to the CITY
the subject PROPERTY shall be placed in a R-2 Single Family Residence District as set forth in the
Annexation Plat attached hereto and incorporated herein by reference as Exhibit`B"; and shall be
in substantial compliance with Preliminary Plat dated which is attached
hereto and incorporated herein as Exhibit"C'; and
WHEREAS, in reliance upon the development of the PROPERTY in the manner proposed,
OWNER/DEVELOPER and the CITY have agreed to execute all petitions and other documents that
are necessary to accomplish the annexation of the PROPERTY to the CITY; and
WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65
ILCS 5/11-15.1-1 through 15.1-5,inclusive,relating to Annexation Agreements,the parties hereto
wish to enter into a binding agreement with respect to the future annexation and zoning of the subj ect
PROPERTY and to provide for various other matters related directly or indirectly to the annexation
of the PROPERTY in the future, as authorized by,the provisions of said statutes; and
WHEREAS, pursuant to due notice and publication in the manner provided by law, the
appropriate zoning authorities of the CITY have had such public hearing and have taken all further
action required by the provisions of 65 ILCS 5/11-15-1.3 and the ordinances of the CITY relating
to the procedure for the authorization,approval and execution of this Annexation Agreement by the
CITY.
NOW,THEREFORE,in consideration of the mutual covenants,agreements and conditions
herein contained, and by authority of and in accordance with the aforesaid statutes of the State of
Illinois, the parties agree as follows:
1. ANNEXATION.
OWNER/DEVELOPER has or will file with the Clerk of the CITY a duly and
properly executed verified petition pursuant to, and in accordance with the provisions of 65 ILCS
5/7-1-1 et seq.to annex the PROPERTY and any adjacent roadways not previously Annexed to the
City of Yorkville.
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2. ZONING.
A. Contemporaneously with the Annexation of the subject PROPERTY, the
CITY shall adopt an ordinance amending the provisions of the United City
of Yorkville Zoning Ordinance so as to provide that the PROPERTY shall be
classified and shall zone the parcel R-2 Single Family Residence District.
B. Contemporaneously with the Annexation of the PROPERTY,the CITY shall,
if necessary, amend its Comprehensive Plan to provide for the uses on the
PROPERTY that are reflected in this Agreement.
C. The CITY and OWNER/DEVELOPER agree that the PROPERTY shall be
developed in substantial compliance with the ordinances of the CITY in
effect at the time of passage of this agreement by the City Council of the
UNITED CITY OF YORKVILLE,for a period of five(5)years from the date
of execution of this Agreement. After the expiration of said five (5) year
time frame, if there have been changes in Subdivision Control Ordinances,
Fee Ordinances, or,building codes, the same shall be applied to the subject
property as duly passed by the UNITED CITY OF YORKVILLE.
3. ANNEXATION TO YORKVILLE-BRISTOL SANITARY DISTRICT
OWNER/DEVELOPER agrees to file the necessary petitions and agreements to
request annexation and sanitary sewer service for the PROPERTY from the Yorkville-Bristol
Sanitary District and the CITY shall provide a letter to Yorkville-Bristol Sanitary District indicating
the CITY's desire to annex and have Yorkville-Bristol Sanitary District service the property. The
subject real property has been identified by the CITY as being located within the Facility Plan Area
of the Yorkville-Bristol Sanitary District as set out in the attached Exhibit"D", which is attached
hereto and incorporated herein by reference. Petitioner shall be responsible for any Annexation Fees
and hook-up charges to the Yorkville-Bristol Sanitary District. The Yorkville-Bristol Sanitary
District confirmed to the City that it agrees to serve the subject PROPERTY with sanitary sewer
service. Attached hereto and incorporated herein as Exhibit"E"is a letter from the Yorkville School
District indicating that it intends to recover a cash contribution from OWNER/DEVELOPER under
the terms of the Land-Cash Ordinance in affect with the UNITED CITY OF YORKVILLE,rather
than a contribution of land.
4. DONATIONS AND CONTRIBUTIONS.
A. OWNER/DEVELOPER shall establish a Homeowner's Association for the
purpose of owning and maintaining common areas, detention, and common
signage in the Subdivision at the time OWNER/DEVELOPER seeks
approval of a First Final Plat of Subdivision for the subject PROPERTY.
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B. OWNER/DEVELOPER shall further consent for themselves and all
successors,heirs,and assigns to the creation of a back-up Special Tax Service
Area for maintenance of common areas, detention, and signage, by the
UNITED CITY OF YORKVILLE in the event the Homeowners'Association
fails to maintain the same. Those documents shall be prepared and tendered
to OWNER/DEVELOPER prior to the time of approval of the first Final Plat
of the subdivision.
C. The DEVELOPER has voluntarily agreed to pay One Thousand five Hundred
Dollars($1,500.00)as School Transition fees per residential dwelling unit in
said subdivision, to the Yorkville Community School District, One
Thousand One Hundred Fifty Dollars ($1,150.00) in Development fees per
residential dwelling unit to the United City of Yorkville,and other fees to the
United City of Yorkville in conformance with the City Ordinances or as
modified herein. Said Transition, development, and other fees shall be paid
per single-family residence concurrent with and prior to the issuance of each
respective subject single-family building permit. Said fees are being paid
voluntarily and with the consent of OWNERS and 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 real property zoned for business purposes under the terms of this
Agreement.
D. OWNER/DEVELOPER shall pay all school and park land-cash fees or
provide land dedication as required under existing City Ordinances.
E. The OWNER/DEVELOPER shall be permitted to have directional signs
within said subdivision.
5. OVERSIZING.
In the event OWNER/DEVELOPER is required on-site or off-site to oversize any
water, storm sewer or City sanitary sewer lines to accommodate other properties, CITY agrees to
require anyone connecting to said lines to pay the CITY who then shall reimburse
OWNER/DEVELOPER within 30 days of connection by the OWNER/DEVELOPER of any other
parcel of real property connecting to said improvements, for OWNER/DEVELOPER's costs in
oversizing said lines including costs for deepening said lines and any engineering fees, and other
costs associated therewith. In the event the OWNER/DEVELOPER seeks said reimbursement,the
parties agree separately that the Recapture Agreement shall be executed pursuant to and in
compliance with the Illinois Compiled Statutes, Local Government Act governing the Recapture
with the requisite Public Hearing being held and Requisite Recapture Ordinance being approved by
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the City Council contingent on the percentage of the benefit to the OWNER other than the
DEVELOPER and including the service area effected.
In the event any said oversizing is required,the CITY and OWNER/DEVELOPER
agree to prepare a Recapture Agreement and Recapture Ordinance detailing said costs and fees and
approving the same within a reasonable amount of time after those costs are ascertained.
OWNER/DEVELOPER agrees to hold the UNITED CITY OF YORKVILLE
harmless and indemnify the CITY from any liability as a result of any Recapture or other fees
imposed.
6. TIME IS OF THE ESSENCE.
It is understood and agreed by the parties hereto that time is of the essence in this
Agreement, and that all parties will make every reasonable effort to expedite the subject matter
hereof. It is further understood and agreed by the parties that the successful consummation of this
Agreement requires their continued cooperation.
7. BINDING EFFECT AND TERM.
This Annexation Agreement shall be binding upon and inure to the benefit of the
parties hereto,their successors and assigns including,but not limited to,successor owners of record,
successor developers,lessees and successor lessees,and upon any successor municipal authority of
the CITY and successor municipalities for a period of twenty (20) years from the later of the date
of execution hereof and the date of adoption of the ordinances pursuant hereto.
8. NOTICES AND REMEDIES.
Nothing contained herein shall require the original named OWNER in this Agreement
to undertake any of the development obligations in this Agreement; those obligations being the
responsibility of the DEVELOPER of the subject parcel and/or future OWNER of the subj ect parcel
of real property.
Upon a breach of this Agreement, any of the parties in any court of competent
jurisdiction,by any action or proceeding at law or in equity, may exercise any remedy available at
law or equity.
Before any failure of any party of this Agreement to perform its obligations under this
Agreement shall be deemed to be a breach of this Agreement,the party claiming such failure shall
notify in writing, by certified mail/return receipt requested, the party alleged to have failed to
perform, state the obligation allegedly not performed and the performance demanded.
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Notice shall be provided at the following addresses:
CITY: UNITED CITY OF YORKVILLE
800 Game Farm Rd.
Yorkville, IL 60560
Attn: Mayor
Copy to: CITY Attorney:
Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
OWNER/DEVELOPER: PHILIP E. KNIERIM and
WINDHAM DEVELOPMENT CO.
c/o Windham Homes, Inc.
P.O. Box 307
Wheaton, IL 60189-0307
Copy to: Attorney Thomas W. Grant
200 Hillcrest Ave.
P.O. Box 326
Yorkville, IL 60560
9. AGREEMENT TO PREVAIL OVER ORDINANCES.
In the event of any conflict between this Agreement and any ordinances of the CITY
in force at the time of execution of this agreement or enacted during the pendency of this agreement,
the provision of this Agreement shall prevail to the extent of any such conflict or inconsistency.
10. PARTIAL INVALIDITY OF AGREEMENT.
If any provision of this Agreement(except those provisions relating to the requested
rezoning of the PROPERTY identified herein and the ordinances adopted in connection herewith),
or its application to any person, entity, or property is held invalid, such provision shall be deemed
to be excised herefrom and the invalidity thereof shall not affect the application or validity of any,
other terms,conditions and provisions of this Agreement and,to that end,any terms,conditions and
provisions of this Agreement are declared to be severable.
If, for any reason during the term of this Agreement, any approval or permission
granted hereunder regarding plans or plats of subdivision or zoning is declared invalid, the CITY
agrees to take whatever action is necessary to reconfirm such plans and zoning ordinances
effectuating the zoning, variations and plat approvals proposed herein.
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11. USE OF PROPERTY FOR FARMING/ZONING.
Any portion of the PROPERTY, which is not conveyed or under development as
provided herein, may be used for farming purposes, regardless of the underlying zoning.
12. EMERGENCY ROAD ACCESS.
As to emergency road access and access to the adjacent owner, The Boy Scouts of
America, OWNER/DEVELOPER and the CITY would agree that no later than the approval of the
Final Engineering by the City Engineering Staff on suitable surface or method of providing
emergency access but prevent the emergency access being used for ordinary roadway purposes.
13. The CITY pursuant to the Illinois Commerce Commission Regulations will execute
the appropriate petition for railroad crossing for public street purposes on behalf of
OWNER/DEVELOPER. OWNER/DEVELOPER agree to hold the CITY harmless and indemnify
the CITY both pursuant to this Agreement and the separate written Indemnification Agreement of
February 17,2000 which is attached hereto and incorporated herein by reference as Exhibit"F"from
any cost,expense,or liability for filing fees,installation of crossing improvements,safety markings
or signalization,or any other costs associated with the railroad crossing installation,or any crossing
thereof or boring underneath for utility purposes.
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IN WITNESS WHEREOF,the parties have executed this Annexation Agreement the day and
year first above written.
CITY:
THE UNITED CITY OF YORKVILLE
By:
MAYOR
Attest: )Q !�
CITY CLERK
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02/24/00 THU 14:29 FAX 559 5764 MUNER LAW 009
IN WITNESS WHEREOF,thepartieshaveexecutedthisAmcxld=Apmmeat the day s4
yen Ent above vmaen.
CITY:
Tiffi UNITED MY OF YORKVIUB
By:
MAYOR
Attest:_ ..,, ,.,
CTI'Y CLERK
0A NE"EVELOPER:
WLNDY3AM DEVE,L,OP11ENT CO.
By:
gate: 3-- R ON
PREPARED BY AND tt1;TUIRN TO:
Law Offim of Daniel 3.Kramer
1107A S.Bridge Street
Yorkville,11linois 60560
W,533.9500
02--24-2000 02=26PM 553 576,E P.09
T:'d GGEO ESS 029 T GGGO-GsS G`.,_ , 9dWGHl Wdot:7i 000E- - �
EXHIBIT LIST
Exhibit A - Legal description
Exhibit B - Annexation Plat
Exhibit C - Preliminary Plat
Exhibit D - Yorkville-Bristol Facility Plan Area Map
Exhibit E - Yorkville School District letter
Exhibit F - Indemnification Agreement
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LEGAL DESCRIPTION
THAT PART OF THE EAST 1/20F SECTION 31 AND PART OF THE WEST 1/20F SECTION 32,
)WNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
rOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 31; THENCE EAST ALONG THE
QUARTER SECTION LINE 1397.34 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 17
DEGREES 33 MINUTES 21 SECONDS EAST 1340.92 FEET TO THE NORTHERLY RIGHT OF WAY
LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY; THENCE SOUTH 17
DEGREES 32 MINUTES 40 SECONDS EAST 1144.42 FEET TO THE CENTER LINE OF FOX ROAD;
THENCE NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 17,188.80 FEET, 359.41 FEET; THENCE NORTH 63 DEGREES 09 MINUTES 20
SECONDS EAST ALONG SAID CENTER LINE 844.10 FEET; THENCE NORTH 18 DEGREES 15
MINUTES WEST 2012.47 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID CHICAGO,
BURLINGTON AND QUINCY RAILROAD COMPANY; THENCE NORTH 17 DEGREES 54 MINUTES
50 SECONDS WEST 1580.48 FEET TO THE SOUTHERLY BANK OF THE FOX RIVER; THENCE
WESTERLY ALONG SAID SOUTHERLY BANK TO A POINT NORTH 17 DEGREES 33 MINUTES 21
SECONDS WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 33 MINUTES 21
SECONDS EAST 1459.68 FEET TO THE POINT OF BEGINNING(EXCEPT THAT PART OF THE EAST
%2 OF SECTION 31 AND PART OF THE WEST 1/20F SECTION 32, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
CENTER OF SAID SECTION 31; THENCE EAST ALONG THE QUARTER SECTION LINE 1397.34
FEET; THENCE SOUTH 17 DEGREES 33 MINUTES 21 SECONDS EAST TO THE SOUTHERLY RIGHT
OF WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY, FOR THE
POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 32 MINUTES 40 SECONDS EAST 1144.42
GET TO THE CENTER LINE OF FOX ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER
LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 17,188.80 FEET, 359.41 FEET;
THENCE NORTH 63 DEGREES 09 MINUTES 20 SECONDS EAST ALONG SAID CENTER LINE 844.10
FEET; THENCE NORTH 18 DEGREES 15 MINUTES WEST 2012.47 FEET TO THE SOUTH RIGHT OF
WAY LINE OF SAID CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY; THENCE
SOUTHWESTERLY, ALONG SAID SOUTHWESTERLY LINE, TO THE POINT OF BEGINNING; AND
ALSO EXCEPT THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD
COMPANY), IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS.
THAT PART OF THE EAST /20F SECTION 31 AND PART OF THE WEST 1/20F SECTION 32,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 31; THENCE EAST ALONG THE
QUARTER SECTION LINE 1397.34 FEET; THENCE SOUTH 17 DEGREES 33 MINUTES 21 SECONDS
EAST TO THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY
RAILROAD COMPANY, FOR THE POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 32
MINUTES 40 SECONDS EAST 1144.42 FEET TO THE CENTER LINE OF FOX ROAD; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE,BEING ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 17,188.80 FEET, 359.41 FEET; THENCE NORTH 63 DEGREES 09 MINUTES 20 SECONDS
EAST ALONG SAID CENTER LINE 844.10 FEET; THENCE NORTH 18 DEGREES 15 MINUTES WEST
2012.47 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID CHICAGO, BURLINGTON AND
QUINCY RAILROAD COMPANY; THENCE SOUTHWESTERLY, ALONG SAID SOUTHWESTERLY
INE, TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY,
LLINOIS.
YORK LE COMMUNITY UNIT DI, AICT 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 March 8 , 2000
Yorkville,Illinois 60560
Telephone(630)553-4388
YORKVILLE GRADE SCHOOL
201 West Somonauk Street
Yorkville,Illinois 60560
Telephone(630)553-4390 Mr. Daniel i . Kramer
BRISTOL GRADE SCHOOL Attorney - City of Yorkville
23 Hunt street 111 W. Fox, Suite 3
P.O.Box Yorkville IL 60560
Bristol,Illinois 60512 �
Telephone(630)553-4383
RE : Subdivision Plat for Phillip E . Knierim
and Windham Development Co. on Fox Road,
Yorkville, Kendall County, Illinois
Yorkville Community Unit District #115 requests the
contributions for this annexation be in the form of
cash contributions .
S , ly,
Dr. Thomas D. Engler
Superintendent
`1DE/mlj
0p CHI(O Al re
W{ 115
m
o WCO* r
L0�l�� �.� ;,
INDEMNIFICATION AGREEMENT
This Agreement is made and entered into this 17 '-day of
2000, by and between WINDHAM HOMES, INC. ,
hereinafter referred to as "WINDHAM", and THE UNITED CITY OF
YORKVILLE, hereinafter referred to as "CITY" .
WITNESSETH:
WHEREAS, WINDHAM HOMES, INC. , has heretofore petitioned the
CITY for the annexation, zoning and development of certain real
estate described on Exhibit "A" , attached hereto and made a part
hereof, which real estate is located adjacent and contiguous to
the existing boundaries of the City of Yorkville; and
WHEREAS, a certain railroad line owned by Illinois Railnet,
Inc. , traverses the real estate sought to be annexed and
developed; and
WHEREAS, as a part of the development of the real estate,
WINDHAM, on behalf of the CITY, has applied to Illinois Railnet,
Inc. , for permission to construct, use and maintain sanitary
sewer lines, storm sewer lines, and water lines under and across
the track and property owned or controlled by Illinois Railnet,
Inc. , all in accordance with the terms and provisions of certain
agreements, hereinafter identified, to be entered into between
Illinois Railnet, Inc. , and the CITY OF YORKVILLE, said
agreements being identified as follows :
Pipeline Crossing Agreement No. IR-011000
Pipeline Longitudinal Agreement No. IR-011100
Pipeline Crossing Agreement No. IR-011200
Pipeline Crossing Agreement No. IR-011300
1r
and
WHEREAS, as a condition to the execution of said agreements
by the CITY, the CITY requires that the Developer, WINDHAM HOMES,
INC. , for itself, its successors and assigns, indemnify and save
the CITY harmless for the performance of the CITY's or Licensee's
obligations under each of said Agreements; and
WHEREAS, as a condition of the development of said real
estate, WINDHAM HOMES, INC. , has agreed to undertake all of the
obligations of the CITY under said Agreements and to indemnify
the CITY.
NOW, THEREFORE, in consideration of the sum of TEN AND
N01100 ($10 . 00) DOLLARS and other good and valuable consideration
and, specifically, in consideration of the execution by the CITY
OF YORKVILLE of each of the Agreements hereinabove referred to,
the undersigned, WINDHAM HOMES, INC. , does hereby, for itself,
its successors and assigns, indemnify and save harmless the CITY
OF YORKVILLE from any loss, liability or obligation in connection
with the performance of the Licensee's obligations under each of
the aforementioned Agreements .
WINDHAM HOMES, INC. , agrees that it shall, among other
things, pay when and as due, all charges and assessments imposed
or levied by Illinois Railnet, Inc. , for the use and occupation
of the railroad right of way for the uses and purposes set forth
in each of said Agreements .
WINDHAM HOMES, INC. , shall assume and discharge all costs
and expenses incident to the installation of all public
improvements contemplated to be installed within the railroad
r
right of way for sanitary sewer facilities, storm water sewer
facilities, and water facilities and shall, in a timely manner
and in accordance with the Ordinances of the CITY OF YORKVILLE,
dedicate all of said improvements to the CITY OF YORKVILLE as
part of the development of the real estate.
IN WITNESS WHEREOF, the undersigned, WINDHAM HOMES, INC. ,
/ 7
has executed this Indemnification Agreement this ( J- day of
2000 .
WINDHAM HOMES, INC. ,
BY:
Authorized Agent
ATTEST;
r
Its Secreta y
PREPARED BY:
Thomas W. Grant
Attorney at Law
PO Box 326
Yorkville, IL 60560
(630) 553-0088
DWX41 :A:\WINDHAM.HMS
CHICAGO TITLE INSURANCE COMPANY
OWNER'S POLICY (19.
SCHEDULE A (CONTINUED)
POLICY NO. : 1410 000466312 AU
5. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
THAT PART OF THE EAST 1/2 OF SECTION 31 AND PART OF THE WEST 1/2 OF SECTION 32,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE CENTER OF SAID SECTION 31; THENCE EAST ALONG THE
QUARTER SECTION LINE 1397.34 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 17
DEGREES 33 MINUTES 21 SECONDS EAST 1340.92 FEET TO THE NORTHERLY RIGHT OF WAY
LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY; THENCE SOUTH 17
DEGREES 32 MINUTES 40 SECONDS EAST 1144.42 FEET TO THE CENTER LINE OF FOX ROAD;
THENCE NORTHEASTERLY ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 17,188.80 FEET, 359.41 FEET; THENCE NORTH 63 DEGREES 09
MINUTES 20 SECONDS EAST ALONG SAID CENTER LINE 844.10 FEET; THENCE NORTH 18
DEGREES 15 MINUTES WEST 2012.47 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID
CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY; THENCE NORTH 17 DEGREES 54
MINUTES 50 SECONDS WEST 1580.48 FEET TO THE SOUTHERLY BANK OF THE FOX RIVER;
THENCE WESTERLY ALONG SAID SOUTHERLY BANK TO A POINT NORTH 17 DEGREES 33 MINUTES
21 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 33 MINUTES
21 SECONDS EAST 1459.68 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART OF THE
EAST 1/2 OF SECTION 31 AND PART OF THE WEST 1/2 OF SECTION 32, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING-
AT THE CENTER OF SAID SECTION 31; THENCE EAST ALONG THE QUARTER SECTION LINE
1397.34 FEET; THENCE SOUTH 17 DEGREES 33 MINUTES 21 SECONDS EAST TO THE SOUTHERLY
RIGHT OF WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY, FOR THE
POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 32 MINUTES 40 SECONDS EAST 1144.42
FEET TO THE CENTER LINE OF FOX ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE,
BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 17,188.80 FEET, 359.41 FEET;
THENCE NORTH 63 DEGREES 09 MINUTES 20 SECONDS EAST ALONG SAID CENTER LINE 844.10
FEET; THENCE NORTH 18 DEGREES 15 MINUTES WEST 2012.47 FEET TO THE SOUTH RIGHT OF
WAY LINE OF SAID CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY; THENCE
SOUTHWESTERLY, ALONG SAID SOUTHWESTERLY LINE, TO THE POINT OF BEGINNING; AND ALSO
EXCEPT THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY) ,
IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS.
I
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED.
OPLA1592
VAP 12/01/99 10:29:56
CHICAGO TITLE INSLUZANCE CO"xPANY
OWNER'S POLICY (19S
SCHEDULE A (CONTINUED)
POLICY NO.: 1410 000466318 Au
5. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
THAT PART OF THE EAST 1/2 OF SECTION 31 AND PART OF THE WEST 1/2 OF SECTION 32,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT THE CENTER OF SAID SECTION 31; THENCE EAST ALONG THE
QUARTER SECTION LINE 1397.34 FEET; THENCE SOUTH 17 DEGREES 33 MINUTES 21 SECONDS
EAST TO THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY
RAILROAD COMPANY, FOR THE POINT OF BEGINNING; THENCE SOUTH 17 DEGREES 32 MINUTES
40 SECONDS EAST 1144.42 FEET TO THE CENTER LINE OF FOX ROAD; THENCE NORTHEASTERLY
ALONG SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
17,188.80. FEET, 359.41 FEET; THENCE NORTH 63 DEGREES 09 MINUTES 20 SECONDS EAST
ALONG SAID CENTER LINE 844.10 FEET; THENCE NORTH 18 DEGREES 15 MINUTES WEST
2012.47 FEET TO THE SOUTH RIGHT OF WAY LINE OF SAID CHICAGO, BURLINGTON AND
QUINCY RAILROAD COMPANY; THENCE SOUTHWESTERLY, ALONG SAID SOUTHWESTERLY LINE, TO
THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS.
THIS POLICY VALID•ONLY IF SCHEDULE B IS ATTACHED.
OP1AIM
VAP 12/01/99 09:23:48
Farnsworth Group---
PLA T OF ANNEXA TION
THAT PART OF THE EAST HALF OF SECTION 31 AND WEST HALF OF SECTION 32,TOWNSHIP 37 NORM,RANGE 7 EAST OF THE THIRD P INDPAL MERIDIAN,DESCRIBED AS FOLLOWS
BEGINNING AT THE NORM EAST CORNER OF UNIT NO.1 OF FOX LAWN SUBOIVGON; THENCE 85'31'57'EAST 491.38 FEET ALONG THE CENTER LINE OF FOX ROAD TO A a
IDO 9/ 0 100 PONT., THENCE NORTH 15.51'57'HEST 2012.01 FEET TO THE SOUTH RIGHT-OF-WAY OF THE BURLINGTON NORTHERN RAILROAD; THENCE NORTH 15.31'56'WEST
1579 FEET TO THE SOUTH BANK OF THE FOX RIVER; THENCE WESTERLY ALONG SAID SOUTH BANK OF THE FOX RIVER APPROXIMATELY 1175 FEET TO AN EXISTING FENCE LINE;
�� THENCE SOUTH 15'IS 43'EAST 2761 FEET TO A POINT IN THE NORTH RCHT-OF-WAY L0E OF THE BURLINGTON NORTHERN RAILROAD; THENCE SOUTH 1S'1T 14'EAST ,,EL
114427 FEET TO A POINT IN THE CENTER LINE OF FOX ROAD; THENCE NORTHEASTERLY 342.43 FEET ALONG SAID CENTER LINE OF FOX ROAD ALONG A 17,160.6 FOOT RADIUS ,
Wa+la 1 I■-100 R CURVE TO THE LEFT WHOSE CHORD BEARS OR 66'02'13'EAST 342.43 FEET TO A POINT; THENCE NORTH 65'31'57-EAST 370.34 FEET ALONG SAID CENTER LINE 0 vt
OF FOX ROAD(ALSO BEING THE NORTH LINE OF FOX LAWN UNIT NO.1 SUBDIVISION)TO THE POINT OF BEGINNING,DOMPTING THEREFROM THE RIGHT-O'-WAY OF THE BURLINGTON Cr w
J• 13
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ATNAILL CONIY,ALIAOIS, rHIS_A4Y 6 KENDALL CONrY,ILLINOIS ON TIE_DAY O' p p
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PROJECT NO: lEO0383
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DESIGNED BY: SRK
•✓ \�'• `�.d `' DRAWN BY: TKP
APPROVED BY: TEE
SCALE: 1' = 100'
FILE NO:ANNEX_SUB.DWG
SHEET TITLE:
ANNEXATION PLAT
F
SHEET NUMBER:
/�a� of 1 61,
PREL1.�IINA R Y PLAT Off' S UB-DI VISION T"� F"R"s"°'� GROUP-,� O�Wineen
Architects THAT PART OF THE EAST HALF OF SECTION 31 AND WEST HALF OF SECTION 32, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: Surveyors
BEGINNING AT THE NORTH EAST CORNER OF UNIT NO. 1 OF FOX LAWN SUBDIVISION; THENCE 65'31' 57' EAST 491.38 FEET ALONG THE CENTER LINE OF FOX ROAD TO A Scientists
POINT; THENCE NORTH 15' 51' 57" WEST 2012.01 FEET TO THE SOUTH RIGHT-OF-WAY OF THE BURLINGTON NORTHERN RAILROAD: THENCE NORTH 15' 31' 56" WEST
1579 FEET TO THE SOUTH BANK OF THE FOX RIVER; THENCE WESTERLY ALONG SAID SOUTH BANK OF THE FOX RIVER APPROXIMATELY 1175 FEET TO AN EXISTING FENCE LINE; 818 W.Childs Street
THENCE SOUTH 15' 13' 43" EAST 2781 FEET TO A POINT IN THE NORTH RIGHT-OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD; THENCE SOUTH 15' 12' 14" EAST Wheaton,Illinois 80187
-„ 40 ., isG 1148.27 FEET TO A POINT IN THE CENTER LINE OF FOX ROAD; THENCE NORTHEASTERLY 342.43 FEET ALONG SAID CENTER LINE OF FOX ROAD ALONG A 17,188.6 FOOT RADIUS 890/787-8010,830/781-8920 tax
CURVE TO THE LEFT WHOSE CHORD BEARS OR 66' 02' 13" EAST 342.43 FEET TO A POINT; THENCE NORTH 65' 31' 57" EAST 370.34 FEET ALONG SAID CENTER LINE nn.f-w.com
OF FOX ROAD (ALSO BEING THE NORTH LINE OF FOX LAWN UNIT NO. 1 SUBDIVISION) TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THE RIGHT-OF-WAY OF THE BURLINGTON
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BEGINNING AT THE NORTH EAST CORNER OF UNIT NO. 1 OF FOX LAWN SUBDIVISION; THENCE 65' 31' 57' EAST 491.38 FEET ALONG THE CENTER LINE of FOX ROAD TO A Scientists
POINT; THENCE NORTH 15'51' 57" WEST 2012.01 FEET TO THE SOUTH RIGHT—OF—WAY OF THE BURLINGTON NORTHERN RAILROAD; THENCE NORTH 15' 31' 56" WEST
1579 FEET TO THE SOUTH BANK OF THE FOX RIVER; THENCE WESTERLY ALONG SAID SOUTH BANK OF THE FOX RIVER APPROXIMATELY 1175 FEET TO AN EXISTING FENCE LINE; 816 V.Childs Street
THENCE SOUTH 15' 13' 43" EAST 2781 FEET TO A POINT IN THE NORTH RIGHT—OF—WAY LINE OF THE BURLINGTON NORTHERN RAILROAD: THENCE SOUTH 15' 12' 14" EAST Wheaton,Illinois 60187
1148.27 FEET TO A POINT IN THE CENTER LINE OF FOX ROAD; THENCE NORTHEASTERLY 342.43 FEET ALONG SAID CENTER LINE OF FOX ROAD ALONG A 17,188.6 FOOT RADIUS 870/784-8910,870/784-8920 fax
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THE UNITED CITY OF THE
LLAGE OF YORKVILLE , ILLIN0144,
SEWER SYSTEM EVALUATION SURVEY
FACILITIES PLANNING AREA
Yorkville-Bristol
Sanitary District
304 River Street
)orkville, IL 60560
312/553.7657
DISTRICT BOARD OF TRUSTE
® Mr. Covell Sleezer Presid
C Mr. Ellsworth ad Tqasu
Gardner Mr. Lawrence Gardnene r rk
�i W DI Pfister PERSC)_,aEL
Mr. Ralph ect
X Mr. Kevin Coltman Opera
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ENVIRONMENTAL ENGINEERS
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