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Ordinance 2000-32 STATE OF ILLINOIS ) 200100022564 ss Filed for Record in KENDALL COUNTY ILLINOIS COUNTY OF KENDALL ) PAUL ANDERSON ' 11-27-2001 At -U2:30- pm. ORDINANCE 20 �)0 ORDINANCE NO. 2000-� AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AND ANNEXATION AGREEMENT OF MENARD, INC. WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Development and Annexation Agreement pertaining to the development of the real estate described in Exhibits "A" and`B", and pertaining to the annexation and development of the real estate described in Exhibit"C"attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Development and Annexation Agreement has been drafted and has been considered by the City Council; and WHEREAS,the legal owner of record of the territory which is the subject of said Agreement is 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 Development and Annexation Agreement has been fully complied with; and WHEREAS, the property is contiguous to the City. -1- NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, a Development and Annexation Agreement concerning the annexation and development of the real estate described therein, a copy of which Development and Annexation 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. Section 3:That all Ordinances or portion of Ordinances in conflict herewith be,and they are hereby repealed insofar as such conflict exists. BURTON CALLMER A, DAVE DOCKSTADER RICHARD STICKA MIKE ANDERSON VALERIE BURD " ROSE SPEARS LARRY KOT THOMAS SOWINSKI APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this C ? day of , A.D. 200 . MAYOR -2- '1. PASSED by the City Council of the United City of Yorkville,Kendall County, Illinois this day of , A.D. 20D3-. Attest: CITY CLERK Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 -3- Exhibit"A" LEGAL DESCRIPTION "Holdiman Parcel" That part of the East half of Section 20,part of the West half of Section 21 and part of the North half of Section 28, Township 37 North,Range 7 East of the Third Principal Meridian described as follows: Beginning at the intersection of the present center line of Illinois State Route 47 with the center line extended Westerly of Kennedy Road; thence Easterly along said extended center line and said center line of Kennedy Road 878.41 feet; thence Southerly along a line which forms an angle of 72 degrees 32 minutes 08 seconds with the last described course, measured counterclockwise therefrom, 2,863.64 feet; thence Easterly along a line which forms an angle of 91 degrees 56 minutes 56 seconds with the last described course, measured clockwise therefrom, 997.26 feet; thence Southerly along a line which forms an angle of 90 degrees 21 minutes 54 seconds with the last described course, measured counterclockwise therefrom, 573.68 feet; thence Westerly along a line which forms an angle of 93 degrees 53 minutes 56 seconds with the last described course, measured counterclockwise therefrom, 1,042.49 feet to the Southeast corner of a tract of land conveyed to the Old Second National Bank of Aurora, as Trustee under the provisions of a Trust Agreement dated May 29, 1979, and known as Trust No. 3072,by a Warranty Deed in Trust recorded June 7, 1979, as Document 79-3006; thence Northerly along the East line of said tract 458.96 feet to the Northeast corner thereof, thence Westerly along the North line of said tract 584.10 feet to said Route 47 center line; thence Northerly along said Route 47 center line 1,773.96 feet to the Northeast corner of Countryside Center, Unit No. 4, Yorkville, Kendall County, Illinois; thence Northwesterly along the North line of said Unit No. 4, 1,369.78 feet to an angle point therein; thence Westerly ong the North line, the North line of Countryside Center, Unit No. 2, Yorkville, Kendall County, Illinois, and -did North line extended, 1,390.06 to the Easterly line of a tract of land conveyed to Robert J. Mahoney by Quit Claim Deed recorded June 15, 1971, as Document 71-2019; thence Northeasterly along said Easterly line 41.95 feet to an angle pint therein; thence Northeasterly along said Easterly line 505.39 feet to the southerly line of a tract of land conveyed to Harold B. Spackman by a Warranty Deed recorded July 25, 1953, as Document 105980; thence Easterly along said Southerly line 1,222.09 feet to a Southeast corner of said Spackman tract; thence Northerly along an Easterly line of said Spackman tract 419.50 feet to a Southeast corner of said Spackman track; thence Easterly along a Southerly line of said Spackman tract 687.50 feet to said Route 47 center line; thence Southerly along said center line to the point of beginning, excepting therefrom that part of the Southwest Quarter of said Section 21 described as follows: Beginning at the intersection of the present center line of Illinois State Route No. 47 with the center line extended Westerly of Kennedy Road; thence Southerly along said Route 47 center line 275.0 feet; thence Westerly at right angles to said center line 685.0 feet; thence Northerly parallel with said center line 770.66 feet; thence Easterly at right angles to the last described course 645.51 feet to said Route 47 center line; thence Southerly along said center line, being along a curve to the right having a radius of 1,998.90 feet, 397.98 feet; thence Southerly along said center line 100.31 feet to the point of beginning, in Bristol Township, Kendall County, Illinois; and further excepting that part of the Northwest Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the Northwest corner of Hatcher Commercial Development, Yorkville, Kendall County, Illinois,being a point in the center line of Illinois State Route No. 47; thence North 06 degrees 11 minutes 23 seconds East along said center line 543.66 feet; thence Easterly at right angles to said center line, 631.96 feet; thence Southerly along a line which forms an angle of 88 degrees 26 minutes 36 seconds with the '-Ast described course, measured counterclockwise therefrom, 557.68 feet to the North line of said Hatcher ,ommercial Development extended Easterly; thence Westerly along said extended North line and said North line, 597.47 feet to the point of beginning in the United City of the Village of Yorkville, Kendall County, Illinois and containing 7.765 acres. Exhibit`B" LEGAL DESCRIPTION "Conover Parcel" Commencing at the Northeast corner of Countryside Center Subdivision,Unit No. One, thence 06'11'23" East a distance of 2241.20 feet to the intersection of the centerlines of Illinois Route 47 and Kennedy Road, thence North 82'16'5 7" East along the centerline of Kennedy Road a distance of 869.30 feet to the Point of Beginning, thence South 09°44'49" West a distance of 2863.64 feet, thence South 78'18'15" East a distance of 997.26 feet, thence South 11'19'5 1" West a distance of 573.68 feet, thence South 82°34'05" East a distance of 588.06 feet, thence North 12'17'10" East a distance of 1515.36 feet, thence North 78'04'16" West a distance of 990.35 feet, thence North 12°08'16" East a distance of 2128.69 feet to the centerline of Kennedy Road, thence continuing North 12°08'16" East to the North right-of-way line of Kennedy Road, thence South 82'16'57" West along the North right-of-way line of Kennedy Road to a point on a line extended North 09°44'49" East from the Point of Beginning, thence South 09°44'49" West to the Point of Beginning, containing 75.708 acres. Exhibit"C" LEGAL DESCRIPTION "Kirk Parcel" That part of the Southeast Quarter of Section 21, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center of original Bristol and Oswego Road previously described as being 23.05 chains West and North 35°30' West 11.02 chains from the Southeast corner of said Section 22; thence Northwesterly along a line forming an angle of 93'23'07" with the center line of U.S. Route No. 34, measured from Northeast to Northwest, 2054.60 feet; thence Southwesterly along a line forming an angle of 87°07'00" with the last described course, measured clockwise therefrom, 825.40 feet; thence Northwesterly along a line forming an angle of 269°46'00" with the last described course, measured clockwise therefrom, 508.20 feet; thence Southwesterly along a line, which line is hereinafter referred to as"Line A" and forms an angle of 91°07'35" with the last described course, measured clockwise therefrom, 2657.62 feet; thence North along a line forming an angle of 53'07'29" with the last described course measured counterclockwise therefrom, 2004.69 feet to a point in the center line of Kennedy Road for the point of beginning; thence South along the last described course 2004.69 feet to said Line A; thence Southwesterly along the extension of said Line A; 711.71 feet; thence Northwesterly along a line forming an angle of 130°01'22" with the last described course, measured counterclockwise therefrom, 1047.11 feet; thence Northeasterly along a line forming an angle of 89°47'39" with the last described course, measured counterclockwise therefrom, 2128.69 feet to a point in the center line of Kennedy Road which is a Northeast corner of a tract of land conveyed to John G. Conover by a Warranty Deed dated October 27, 1972 and recorded November 2, 1972 as Document No. 72-5301; thence Easterly along said center line, 1106.04 feet to the point of beginning in Bristol Township, Kendall County, Illinois. Together with that part of Kennedy Road lying Northerly of and adjacent to the subject Property described as follows: Beginning at the Northwest corner of the subject property,being the Northeast corner of a tract of land per Warrantee deed 72-5301 recorded November 2, 1972; thence North 10 degrees 02 minutes 21 seconds East 26.57 feet to the North Line of said Kennedy road; thence along said North line North 80 degrees 16 minutes 09 seconds East, 1099.88 feet; thence South 03 degrees 16 minutes 56 seconds East, 25.16 feet to the Northeast corner of the subject property, being a point on the centerline of said Kennedy Road; thence along said centerline South 80 degrees 16 minutes 09 seconds East, 1106.04 feet to the point of beginning. All in Kendall County and containing a total of 69.19 acres of land more or less. Revised July 10, 2000 (2) 200,C)oo `555 Filed for, Recot-dl�L KENDALL COUNTY, INgI5 STATE OF ILLINOIS ) PAUL ANDERSON ss. 11-27-2001 At 02:30 PM- COUNTY OF KENDALL ) ANNEX AGREE DEVELOPMENT AND ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE ROUTE 47 AND KENNEDY ROAD (MENARD, INC.) THIS DEVELOPMENT AND ANNEXATION AGREEMENT is made and entered into this a�lay of —,U1I g 2000, by and between THE UNITED CITY OF YORKVILLE, Yorkville,Illinois a municipal corporation,located in Kendall County,Illinois,hereinafter referred to as "CITY", and MENARD, INC.,hereinafter referred to as "OWNER"of the Parcels described in Exhibits"A", "B", and"C"respectively. WITNESSETH WHEREAS,the OWNER anticipates acquiring ownership of the real properties,which are currently located within the municipal boundaries of the CITY and described in Exhibits "A" and "B" attached hereto and made a part hereof; and WHEREAS, the OWNER shall become at time of Annexation the owner of real property which lies generally North and East of, and contiguous to the existing corporate limits of the City which said real property is more particularly described on Exhibit"C" attached hereto and made a part hereof;and which is not located within the corporate boundaries of any other municipality;and WHEREAS, the OWNER is desirous of using said real property described in Exhibit"A" and Exhibit`B"for B-3 Service Business District use, and is desirous of assuring to it that said real property can be used for Service Business District use and all uses set out within said Ordinance which is attached hereto and incorporated herein as Exhibit"D",and to assure the right to uses under the B-3 Service Business District as is time-to-time amended by the CITY; and 1 f 1 + 1 WHEREAS,OWNER is desirous of using said real property described in Exhibit"C"for A- 1 Agricultural District use, and is desirous of assuring to it that said real property can be used for Agricultural District use and all uses set out within said Ordinance which is attached hereto and incorporated herein as Exhibit`B",and to assure the right to uses under the A-1 Agricultural District use as is time-to-time amended by the CITY; and WHEREAS,the OWNER presented, and the City has considered the tracts of real property herein described in Exhibits "A" and`B" for B-3 Service Business District and in Exhibit"C"for A-1 Agricultural District in order to make said real property a desirable addition to the CITY; and to provide for the orderly development thereof; and WHEREAS,the OWNER of the property described in Exhibit"C"has requested the CITY to annex the said real property into the CITY; and its Plan Commission has considered the Petition; and the City Council has heretofore approved the proposed land use and the zoning of the same at the request of the OWNER and the CITY; and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which the real property heretofore described in Exhibit"C"will be annexed to the CITY in an orderly manner; and further to provide how the real property described in Exhibits"A" and`B"will be developed within the CITY in an orderly manner; and WHEREAS,the parties agree that the parcels of real property being purchased by MENARD, INC. shall be defined as the "MENARD parcel" and as set out in Exhibits "A" through "C"; and when using the terms the "subject property" or the"entire parcel" shall refer to all of the property being annexed and developed within the CITY in the aforementioned Exhibits"A"through"C";and any reference to the parcel to be annexed shall only refer to the real property described in Exhibit "C"; and WHEREAS, OWNER and its representatives have discussed the proposed Annexation of Exhibit "C" and the development of all the "subject property" 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. WHEREAS, MENARD, INC. is under contract to purchase the various parcels of real properties (Exhibits "A", `B", and "C") that are subject to this Agreement; and the parties hereto agree that this Agreement shall be executed by CITY and MENARD, INC. but shall be subject to and contingent upon acquisition of all subject parcels of real property by MENARD, INC. within six (6)months from the execution of this Agreement. NOW THEREFORE,for and in consideration of the mutual promises and covenants herein contained,the parties agree,under the terms and authority provided in 65 ILCS 5/11-15 through 65 ILCS 5/11-15.1-5, as amended, as follows: 2 t 1 1. ANNEXATION AND ZONING: The properties described in Exhibit"A"and"B" have previously been Annexed and zoned B-3 Service Business District. The CITY shall adopt an ordinance annexing to the CITY all of the real property described in the attached Exhibit"C"and the CITY in said ordinance shall zone the real property described on Exhibit"C",subject to the further terms of this Agreement as A-1 Agricultural District as designated in the attached Annexation Plat incorporated herein as Exhibit"F". Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit`B", A-1 Agricultural District, and said real estate to be used and developed in accordance 65 ILCS 5/11-15-1 through 65 ILCS 5/11-15.1-5, and in accordance with the City Subdivision Control and Zoning Ordinances. CITY acknowledges that the parcel described on Exhibit"C"may be the subject of a future petition to be rezoned to B-3 Service Business District, which is in conformance with the current United City of Yorkville Comprehensive Plan. 2. The CITY agrees that in consideration of OWNER voluntarily annexing the real property described in the attached Exhibit"C"to the CITY,and developing the real property described in the attached Exhibits"A"and`B",the CITY and OWNERwill each undertake the following duties, covenants, and obligations: A. OWNER agrees to advance the cost of extending Countryside Parkway East from it's current eastern termini to Illinois Route 34 as a four (4) lane roadway with a twenty(20')foot landscaped median. The road section to be constructed shall be as shown on Exhibit"G"and shall include all necessary public improvements, including but not limited to, sanitary sewers, water main, storm sewers, traffic signalization, curb and gutter, five (5'0) foot sidewalks, landscaping, street lighting and paving; all of said work shall be bid and performed by OWNER and its contractors,with sworn affidavits and bill of sale conveyed to the CITY upon completion. Acceptance and maintenance of said public improvements by the CITY shall be in conformance with City Ordinances. Upon such conformance the CITY shall accept said public improvements. OWNER agrees to dedicate at no charge to the CITY the necessary one hundred-ten(110')foot right-of-way through their property. Said dedication shall be in substantial conformance to the Plat of Dedication attached hereto and incorporated herein as Exhibit"H". OWNER also agrees to modify the existing segment of Countryside Parkway immediately East of Illinois Route 47 including any traffic signal modifications needed to match the cross 3 i t ' ` t section as described above at no cost to the CITY. OWNER agrees to cooperate with the adjoining property owner to the East to obtain the necessary right-of-way through that adjoining owner to Route 34. B. OWNER agrees to advance the cost of extending McHugh Road northerly as shown on Exhibit"H"from its new location at Illinois Route 34 northerly to the new Countryside Parkway as described in paragraph 2A above. The road section to be constructed shall be as shown on Exhibits "G" and "H" and shall include all necessary public improvements but not limited to, sanitary sewers, water main, storm sewers, curb and gutter, five (5') foot sidewalks, landscaping, street lighting and paving. OWNER likewise agrees to work with the adjoining property owner to the East to obtain the necessary right-of- way for this road extension of McHugh Road to the North in order to construct a four-way intersection with Countryside Parkway and if OWNER's efforts are unsuccessful, CITY shall cause such right-of-way to be acquired pursuant to Section 4(B) herein. C. OWNER agrees to advance the cost of construction of the road section and all public improvements of a public Frontage Road running parallel to the East side of Illinois Route 47 connecting Countryside Parkway to Kennedy Road as shown on Exhibit"H" and designated in that Exhibit as Road"A". Said roadway shall be built in the approximate location as shown,but in no event closer to Route 47 as shown without the consent of the CITY. Said improvements including the short roadways connecting the Frontage Road to Illinois Route 47 which are designated as Roads "B" and "C" on Exhibit"H", shall also include,but not be limited to, sanitary sewers,water main, storm sewers, curb and gutter, five (5) foot sidewalks, landscaping, street lighting and paving. OWNER agrees to dedicate sixty-six (66') feet of right-of-way for each of these roadways designated as"A"through"C" at no cost to the CITY at the time of recording the Final Plat of Subdivision which contains said roadways. In the event at the time Engineering Plans are submitted for approval to the CITY, and if said Plan requires turn lanes or other improvements which requires a written dedication. OWNER will dedicate a total of 80' for right- of-way purposes. D. OWNER agrees to advance the cost of a project to signalize the intersection of Illinois Route 47 and Kennedy Road per the State of Illinois Department of Transportation's Requirements if and when approved by Illinois Department of Transportation, as to any portion not paid for by Illinois Department of Transportation. 4 t E. The CITY agrees that in consideration of sums advanced by OWNER for road construction and other improvements on-site and off-site as outlined in paragraph 2(A),(B),(C),and(D)above and Section 4(B)hereafter,the CITY will reimburse said OWNER, without interest, one-half('/2) of the CITY's share of the Illinois Retailers Occupation Tax ("Sales Tax") receipts as received by the CITY from any and all commercial or business uses on the "subject property (Exhibits "A", "B", and C ) and from the same tax source as to any commercial or business property to the East (Exhibit "I"). The 50% sales tax rebate will continue until all funds advanced by OWNER for the improvements listed herein are reimbursed to OWNER, with the exception of Roads "A"through"C". Recovery for the amounts expended for Roads "A"through "C" shall be out of the same sales tax proceeds,but recovery shall be limited to a period of ten (10) years from the date of acquisition of the"subject property"by OWNER. One-half('/2)the amount of the reimbursed payment shall be applied to the reimbursement for Roads "A"through"C" costs. OWNER shall provide the CITY with copies of the sales tax return provided to the State of Illinois Department of Revenue for all businesses and developments on their land as indicated in Exhibits"A"through"C"in order to verify proper repayment. The CITY will require operators of businesses on that property described in Exhibit "I" to furnish the same information. The CITY shall reimburse OWNER as payments are received from said tax sources by the CITY from the Illinois Department of Revenue not more than thirty (30) days after the end of each calendar quarter for the revenues received by the CITY from the past quarterly payment. 3. OWNER and CITY acknowledge that the real property previously annexed to the CITY and zoned B-3 Service Business District shall be developed in accordance with the Zoning Ordinance and Subdivision Control Ordinance of the CITY except to the extent varied as follows: A. The CITY agrees to allow a zero(0)feet sideyard setback in the real property developed in the areas zoned B-3 Service Business District, except the minimum sideyard setback for buildings adjacent to a public roadway which will conform to the City's Standards as set forth in the City's Zoning Ordinances. B. The CITY agrees to allow a parking lot setback of ten(10)feet and a building setback of thirty(30) feet. 5 C. OWNER agrees to dedicate an additional seven(7)feet of right-of-way to the CITY at no charge along its entire Kennedy Road frontage for future roadway expansion at the time its First Final Plat of Subdivision is approved by the CITY,or so much right-of-way as is needed to provide a 40'dedication from the centerline of Kennedy Road to the CITY. D. The CITY agrees to allow an off-site identification sign for Menard's at the Intersection of Illinois Route 34 and the new Countryside Parkway with a maximum height of 35',a maximum size of 310 square feet at least 20'North of the North Illinois Route 34 right-of-way. OWNER and CITY will cooperate to obtain any easement for said sign from the property owner at no cost to the CITY. DEVELOPER agrees to install the sign in substantial conformance with the design as shown in the attached Exhibit "J" a copy of which is attached hereto and incorporated herein by reference. 4. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein modified or varied, the OWNER shall comply, in all respects,with all of the provisions of the Ordinances of the CITY in the development of the subject real property herein described except as varied by this Agreement. In connection with the development of the entire real parcel being annexed,the CITY and OWNER agree as follows: A. The development of the entire real property previously annexed,or which is currently being annexed as described in Exhibits "A" through "C" can be done in phases or units. B. If at the time of development,the existing CITY dedications,easements and right-of-ways are not adequate to facilitate road,sewer,water or other utility extensions, the CITY agrees to exercise its power of eminent domain, if necessary,to acquire such easements and right-of-ways,including easements from the then present terminus of the existing municipal sanitary sewer and water lines to the boundary line of the subject property being developed,and the cost and expense incurred by the CITY shall be paid by the OWNER and added to the recapture amounts described in this Annexation Agreement. C. Stormwater detention facilities can be constructed in stages with capacity for stormwater detention facilities based upon the need of each phase or unit as developed. It is acknowledged by the CITY that it is the intent of the parties hereto that the detention requirements for the entire"subject parcel"will be met by OWNER obtaining the right to provide for all stormwater detention 6 1 1 to be constructed on real property located to the East of the"subject parcel" as described in a portion of the real property described in the attached Exhibit «I„ The terms for the right to use that property for stormwater discharge and detention purposes shall be agreed upon and reduced to an executed agreement between OWNER and the record owner of the real property described in the attached Exhibit "I". Said agreement shall contain terms acceptable to the CITY, granting a perpetual easement for the stormwater discharge and storage of stormwater to the CITY,which shall further provide for further maintenance thereof. Alternately, at the election of OWNER,it may develop and improve its real property (Exhibits "A", `B", and "C") with all of its stormwater detention requirements on its own real property,so long as said improvements conform to the requirements of all City and State requirements. D. Except as otherwise provided in this Agreement,no change,modification or enactment of any ordinance, code or regulation shall be applied during the term of this Agreement so as to affect the zoning classification of the subject property, the Bulk Regulations, including,but not limited to setback, yard, height,FAR and frontage requirements,contribution ordinances and the uses permitted thereunder by the Zoning Ordinance of the CITY in effect as of the date of this Agreement, except to the extent BOCA Building Codes, Fire Codes and like Ordinances which are non-monetary in nature are from time to time amended affecting in a uniform and non-discriminatory manner all subdivisions within the CITY, which are not Final Platted, or for which building permits have not been issued. Except as modified by the terms and provisions of this Agreement,the OWNER shall comply in all respects with the conditions and requirements of all Ordinances of the CITY applicable against property similarly situated and zoned within the CITY as such ordinances may exist from time to time subsequent to annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are changes to said Ordinances, regulations, or codes which are less restrictive in their application to similarly situated and zoned lands, then the OWNER, at its election, shall be entitled to like treatment with respect to the subject property being annexed herein. Provided, however,this paragraph should not be construed to limit or prevent OWNER from requesting future variances or modifications to CITY ordinance codes or regulations. 7 E. It is understood and agreed that all subsequent amendments of this Agreement,Plats of Subdivision,or any development of the subject property may be obtained for all or any portion of the subject property without affecting the rights, duties or obligations of the parties hereunder or their assigns as to the balance of the subject property not included in the afore described actions. F. It is agreed that other than the existing Ordinances dealing with land cash donations for the schools and parks;and fees for building permits,occupancy permits and tap-on fees, transition fees to the CITY and Yorkville School District, and review fees in the event any portion of the"subject property' is developed for residential purposes, that no additional fees or donations will be required by the CITY from OWNER, except as may be charged on a non- discriminatory basis to all residents of the CITY. OWNER agrees on its own behalf and that of any future OWNER to voluntarily pay school transition fees as are in effect with the CITY at the time of execution of this Agreement. School Transition and School Park Land-Cash Contributions shall only be required in the event a portion of Parcels (Exhibits "A", `B", or"C") are developed for residential purposes; and shall be calculated only as to the areas developed for residential purposes. G. The CITY agrees to cooperate with the OWNER, in the procurement and execution of all necessary applications for permits to the Environmental Protection Agency (EPA), Army Corps of Engineers (Corps) and/or the Illinois Department of Transportation for road access in the construction and use of sanitary sewer and water mains described herein as well as the construction of main roadways and the stormwater detention areas located within wetlands, if any, on the subject property. H. i. The parties hereto agree that the subject property may continue to be used for existing agricultural uses and that said uses shall survive the termination of this Agreement. In addition thereto, all such agricultural uses thereof shall be considered legal, non-conforming uses. ii. The CITY agrees that, after a Final Plat of Subdivision is recorded and the applicable bonds or letters of credit are delivered to the CITY, the OWNER shall not be required to construct all on-site and off-site improvements prior to issuance of a building permit for buildings or 8 improvements on any portion of said subdivided land,if consented to by the City Engineer which consent shall not be unreasonably withheld. Rather, the OWNER shall be allowed to construct the required off-site and on-site improvements simultaneously with the issuance of building permits for individual lots and/or buildings. However, all off-site and on-site improvements (except final lift of bituminous asphalt surface on roads and landscaping), serving any said lot or building shall be installed by OWNER and approved by the CITY before an occupancy permit is used for said lot or building and the balance of the required on-site subdivision improvements not required to serve said lot or building may be constructed in phases, consistent with each recorded Plat of a phase or unit of said development, as the development on each unit progresses. iii. It is understood that the CITY will cooperate with the OWNER in the procurement and/or execution of the necessary permits from the appropriate government bodies to allow the construction of the street access from the subject property onto Illinois State Route 47 for the development of the"subject property". iv. It is specifically understood and agreed that the OWNER and its successors and assigns shall have the right to sell,transfer,mortgage and assign all or any part of the subject property and the improvements thereon to other persons,trusts,partnerships,firms,or corporations for investment,building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as the OWNER has under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee,except for any performance bonds or guaranties posted by OWNER on any subdivided or unimproved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. V. It is understood and agreed by the parties hereto that time is of the essence of this Agreement,and that all of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof;it is further understood and agreed by the parties that the successful consummation of this agreement requires their continued cooperation. 9 Vi. The Covenants and Agreement contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its Corporate Authorities and their successors in office and is enforceable by order of the Court pursuant to its provisions and the applicable Statutes of the State of Illinois. vii. If any provision of this Agreement is declared invalid or illegal by a Court of competent jurisdiction,then said provision shall be excised herefrom and the remainder of the Agreement shall not be affected thereby. 5. The OWNER acknowledges that it must annex the real property described in Exhibit "C"when development is sought to the Yorkville-Bristol Sanitary District,which has been completed and further acknowledge that annexation to the CITY in no way guarantees sewer service to the entire parcel by the Sanitary District. The CITY acknowledges that it currently has adequate capacity in its sanitary sewer mains for the currently planned Menard's Retail Store and outlots adjacent to Illinois Route 47. 6. BINDING EFFECT AND TERM: A. This Development and Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement assignees, lessees, and upon any successor municipal authorities of said CITY; so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. B. CITY and OWNER agree that the terms and conditions of this Agreement are contingent upon CITY and OWNER of the real property described in Exhibit "I"entering into a Development and Annexation Agreement providing for the enforceability of the joint obligations effecting Parcels "A"through"C"of OWNER in this Agreement and the OWNER of Parcel"I"hereunder. 7. NOTICES: 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: Mayor and City Clerk 800 Game Farm Road Yorkville, IL 60560 10 t With a copy to: Daniel J. Kramer, City Attorney 1107A S. Bridge St. Yorkville, IL 60560 If to OWNER/DEVELOPER: Gary Colby Menard, Inc. 4777 Menard Dr. Eau Claire, WI 54703 With a copy to: Paul Mahler, Attorney Menard, Inc. 4777 Menard Dr. Eau Claire, WI 54703 or to such other addresses as any party may from to time designate in a written notice to the other parties. 8. ENFORCEABILITY: This Agreement shall be enforceable in any Court of competent jurisdictions 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 said agreement becomes unenforceable due to any change in Illinois Compiled Statutes or Court Decisions, said enforceable portion of this agreement shall be exercised therefrom and the remaining portions thereof shall remain in full force and effect. In the event DEVELOPER does not acquire the Parcels described in Exhibit "A", "B", and"C"within 180 days of passage of an Ordinance annexing Parcel"C" and approving the development portion of this Agreement as to Parcels "A", `B", and "C"this agree shall become null and void. 9. ENACTMENT OF ORDINANCES: The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. 11 IN THE WHEREOF, the undersigned have hereunto set their hands and seals this_ al! ay of , 20a. CITY: THE UNITED CITY OF YORKVILLE By: / MAYOR Att CIT CLERK OWNER/DEVELOPER: MENARD, INC. I ^� �By: � � ��- U t 6e PRESIDENT Attest: Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630)553-9500 12 EXHIBIT LIST Exhibit "A" - Legal Description of the Holdiman Parcel Exhibit`B" - Legal Description of the Conover Parcel Exhibit "C" - Legal Description of the Kirk Parcel Exhibit"D" - B-3 Service Business District Ordinance Exhibit"E" - A-1 Agricultural District Ordinance Exhibit "F" - Annexation Plat of the Kirk Parcel Exhibit "G" - Countryside Parkway Street Cross-Section Exhibit "H" - Countryside Parkway Plat of Dedication Exhibit"I" - Legal Description of the Hamman Parcel Exhibit "J" - Identification Sign drawing 13 ' 1 Exhibit"A" LEGAL DESCRIPTION "Holdiman Parcel" That part of the East half of Section 20,part of the West half of Section 21 and part of the North half of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the intersection of the present center line of Illinois State Route 47 with the center line extended Westerly of Kennedy Road; thence Easterly along said extended center line and said center line of Kennedy Road 878.41 feet; thence Southerly along a line which forms an angle of 72 degrees 32 minutes 08 seconds with the last described course, measured counterclockwise therefrom, 2,863.64 feet; thence Easterly along a line which forms an angle of 91 degrees 56 minutes 56 seconds with the last described course, measured clockwise therefrom, 997.26 feet; thence Southerly along a line which forms an angle of 90 degrees 21 minutes 54 seconds with the last described course,measured counterclockwise therefrom, 573.68 feet; thence Westerly along a line which forms an angle of 93 degrees 53 minutes 56 seconds with the last described course, measured counterclockwise therefrom, 1,042.49 feet to the Southeast corner of a tract of land conveyed to the Old Second National Bank of Aurora, as Trustee under the provisions of a Trust Agreement dated May 29, 1979, and known as Trust No. 3072,by a Warranty Deed in Trust recorded June 7, 1979, as Document 79-3006; thence Northerly along the East line of said tract 458.96 feet to the Northeast corner thereof, thence Westerly along the North line of said tract 584.10 feet to said Route 47 center line; thence Northerly along said Route 47 center line 1,773.96 feet to the Northeast corner of Countryside Center, Unit No. 4, Yorkville, Kendall County, Illinois; thence Northwesterly along the North line of said Unit No. 4, 1,369.78 feet to an angle point therein; thence Westerly ong the North line, the North line of Countryside Center, Unit No. 2, Yorkville, Kendall County, Illinois, and said North line extended, 1,390.06 to the Easterly line of a tract of land conveyed to Robert J. Mahoney by Quit Claim Deed recorded June 15, 1971, as Document 71-2019; thence Northeasterly along said Easterly line 41.95 feet to an angle pint therein; thence Northeasterly along said Easterly line 505.39 feet to the southerly line of a tract of land conveyed to Harold B. Spackman by a Warranty Deed recorded July 25, 1953, as Document 105980; thence Easterly along said Southerly line 1,222.09 feet to a Southeast corner of said Spackman tract; thence Northerly along an Easterly line of said Spackman tract 419.50 feet to a Southeast corner of said Spackman track; thence Easterly along a Southerly line of said Spackman tract 687.50 feet to said Route 47 center line; thence Southerly along said center line to the point of beginning, excepting therefrom that part of the Southwest Quarter of said Section 21 described as follows: Beginning at the intersection of the present center line of Illinois State Route No. 47 with the center line extended Westerly of Kennedy Road; thence Southerly along said Route 47 center line 275.0 feet; thence Westerly at right angles to said center line 685.0 feet; thence Northerly parallel with said center line 770.66 feet; thence Easterly at right angles to the last described course 645.51 feet to said Route 47 center line; thence Southerly along said center line, being along a curve to the right having a radius of 1,998.90 feet, 397.98 feet; thence Southerly along said center line 100.31 feet to the point of beginning, in Bristol Township,Kendall County, Illinois; and further excepting that part of the Northwest Quarter of Section 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the Northwest corner of Hatcher Commercial Development, Yorkville, Kendall County, Illinois,being a point in the center line of Illinois State Route No. 47; thence North 06 degrees 11 minutes 23 seconds East along said center line 543.66 feet; thence Easterly at right angles to said center line, 631.96 feet; thence Southerly along a line which forms an angle of 88 degrees 26 minutes 36 seconds with the last described course, measured counterclockwise therefrom, 557.68 feet to the North line of said Hatcher Commercial Development extended Easterly; thence Westerly along said extended North line and said North line, 597.47 feet to the point of beginning in the United City of the Village of Yorkville, Kendall County, Illinois and containing 7.765 acres. Exhibit `B" LEGAL DESCRIPTION "Conover Parcel" Commencing at the Northeast corner of Countryside Center Subdivision,Unit No. One, thence 06'11'23" East a distance of 2241.20 feet to the intersection of the centerlines of Illinois Route 47 and Kennedy Road, thence North 82'16'57" East along the centerline of Kennedy Road a distance of 869.30 feet to the Point of Beginning, thence South 09°44'49" West a distance of 2863.64 feet, thence South 78'18'15" East a distance of 997.26 feet, thence South 11'19'51" West a distance of 573.68 feet, thence South 82°34'05" East a distance of 588.06 feet, thence North 12'17'10" East a distance of 1515.36 feet, thence North 78'04'16" West a distance of 990.35 feet, thence North 12°08'16" East a distance of 2128.69 feet to the centerline of Kennedy Road, thence continuing North 12'08'16" East to the North right-of-way line of Kennedy Road, thence South 82'16'57" West along the North right-of-way line of Kennedy Road to a point on a line extended North 09'44'49" East from the Point of Beginning, thence South 09'44'49" West to the Point of Beginning, containing 75.708 acres. Exhibit"C" LEGAL DESCRIPTION "Kirk Parcel" That part of the Southeast Quarter of Section 21, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center of original Bristol and Oswego Road previously described as being 23.05 chains West and North 35°30' West 11.02 chains from the Southeast corner of said Section 22; thence Northwesterly along a line forming an angle of 93'23'07" with the center line of U.S. Route No. 34, measured from Northeast to Northwest, 2054.60 feet; thence Southwesterly along a line forming an angle of 87°07'00" with the last described course, measured clockwise therefrom, 825.40 feet; thence Northwesterly along a line forming an angle of 269°46'00" with the last described course, measured clockwise therefrom, 508.20 feet; thence Southwesterly along a line, which line is hereinafter referred to as "Line A" and forms an angle of 91'07'35" with the last described course, measured clockwise therefrom, 2657.62 feet; thence North along a line forming an angle of 53'07'29" with the last described course measured counterclockwise therefrom, 2004.69 feet to a point in the center line of Kennedy Road for the point of beginning; thence South along the last described course 2004.69 feet to said Line A; thence Southwesterly along the extension of said Line A; 711.71 feet; thence Northwesterly along a line forming an angle of 130°01'22" with the last described course, measured counterclockwise therefrom, 1047.11 feet; thence Northeasterly along a line forming an angle of 89°47'39" with the last described course, measured counterclockwise therefrom, 2128.69 feet to a point in the center line of Kennedy Road which is a Northeast corner of a tract of land conveyed to John G. Conover by a Warranty Deed dated October 27, 1972 and recorded November 2, 1972 as Document No. 72-5301; thence Easterly along said center line, 1106.04 feet to the point of beginning in Bristol Township, Kendall County, Illinois. Together with that part of Kennedy Road lying Northerly of and adjacent to the subject Property described as follows: Beginning at the Northwest corner of the subject property,being the Northeast corner of a tract of land per Warrantee deed 72-5301 recorded November 2, 1972; thence North 10 degrees 02 minutes 21 seconds East 26.57 feet to the North Line of said Kennedy road; thence along said North line North 80 degrees 16 minutes 09 seconds East, 1099.88 feet; thence South 03 degrees 16 minutes 56 seconds East, 25.16 feet to the Northeast corner of the subject property, being a point on the centerline of said Kennedy Road; thence along said centerline South 80 degrees 16 minutes 09 seconds East, 1106.04 feet to the point of beginning. All in Kendall County and containing a total of 69.19 acres of land more or less. 10-7D-1 10-7D-1 CHAPTER 7 BUSINESS DISTRICTS ARTICLE D. B-3 SERVICE BUSINESS DISTRICT SECTION: 10-7D-1: Permitted Uses 10-7D-2: Special Uses 10-7D-3: Lot Area 10-7D-4: Yard Areas 10-7D-5: Lot Coverage 10-7D-6: Maximum Building Height 10-7D-7: Off-Street Parking and Loading 10-7D-1: PERMITTED USES: All uses permitted in the B-2 District. Agricultural implement sales and service. Appliance - service only. Boat sales. Building material sales. Business machine repair. Car wash without mechanical repair on the premises. Catering service. Drive-in restaurant. Electrical equipment sales. City of Yorkville LXA) %111 n 1 10-7D-1 10-7D-1 Feed and grain sales. Frozen food locker. Furniture repair and refinishing. Golf driving range. Greenhouse. Kennel. Mini warehouse storage. Miniature golf. Nursery. Orchard. Park - commercial recreation. Plumbing supplies and fixture sales. Pump sales. Skating rink. Sports arena. Stadium. Taxicab garage. Tennis court - indoor. Trailer rental. Truck rental. Upholstery shop. Veterinary clinic. (Ord. 1973-56A, 3-28-74; amd. Ord. 1986-1, 1-9-86; Ord. 1988-7, 4-14-88) City of Yorkville w' 10-7D-2 10-7D-4 10-7D-2: SPECIAL USES: All special uses permitted in the B-2 District. Amusement park. Boat launching ramp. Boat rental and storage. (Ord. 1973-56A, 3-28-74) 10-7D-3: LOT AREA: No lot shall have an area less than ten thousand (10,000) square feet. (Ord. 1986-1, 1-9-86) 10-7D-4: YARD AREAS: No building shall be erected or enlarged unless the following yards are provided and maintained in connection with such building, structure or enlargement: A. Front Yard: A front yard of not less than fifty feet (50'). (Ord. 1973-56A, 3-28-74) B. Side Yards: 1. A minimum side yard shall be required between buildings within the B-3 District of twenty feet (20') between a building constructed thereon and the side lot line, except in any existing B-3 Zoning District within the corporate boundaries where no minimum side yard shall be required between buildings, except where a side yard adjoins a street, wherein a minimum yard of not less than thirty feet (30') shall be required. 2. The Zoning Board of Appeals may, upon application, grant a variance to any petitioner seeking to vary the side yard requirements in a B-3 District if the variance is sought for a parcel of real estate that is sought to be developed as a planned unit development because of the unique nature of the parcel or development sought thereon. (Ord. 1986-1, 1-9-86; 1994 Code) C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord. 1973-56A, 3-28-74) D. Transitional Yards: Where a side or rear lot line coincides with a residential district zone, a yard of not less thirty feet (30') shall be City of Yorkville � 1 r. 10-7D-4 10-7D-7 required. A transitional yard shall be maintained only when the adjoining residential district is zoned R-1 or R-2 Single-Family Residential. (Ord. 1973-56A, 3-28-74; amd. Ord. 1987-1, 2-12-87) 10-7D-5: LOT COVERAGE: No more than fifty percent (50%) of the area of the zoning lot may be occupied by buildings and structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-7D-6: MAXIMUM BUILDING HEIGHT: No building or structure shall be erected or altered to exceed a maximum height of twenty five feet (25') or two (2) stories. (Ord. 1973-56A, 3-28-74) 10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance with regulations set forth in Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) City of Yorkville 1 10-9-1 10-9-2 CHAPTER A-1 AGRICULTURAL DISTRICT SECTION: 10-9-1: Purpose 10-9-2: Uses Permitted 10-9-3: Special Uses 10-9-4: Accessory Uses 10-9-5: Building Setback Line; Side Yards 10-9-6: Floor Area Ratio 10-9-7: Building Permits, Code and Fees 10-9-8: Fencing Restrictions 10-9-1: PURPOSE: The regulations for the Agricultural District are intended to govern the use of the land and building and structures for agricultural purposes after the annexation of land into the City for so long as the owner or owners thereof shall desire to continue to devote said land to agricultural purposes. These regulations are also intended to provide for the protection, conservation and utilization of natural resources; to preserve the value of existing and future open space and recreation facilities; and to provide for the orderly development of the real estate for all uses permitted under the various use districts under this Title. (Ord. 1992-14A, 12-10-92) 10-9-2: USES PERMITTED: A. Agricultural. B. Single-family residential use, provided only three (3) additional single-family dwellings shall be permitted for the total parcel zoned Agricultural District and annexed to the City; whether later subdivided into separate parcels after annexation. In the event of approval of rezoning to a residential use of the subject parcel or any portion thereof, this Section shall not apply. City of Yorkville 10-9-2 10-9-3 C. The City Plan Commission and City Council reserve the right to require that prior issuance of a residential building permit within an agricultural district, the City Council has a right to require their approval of the residential building site, with regard to compatibility with the Comprehensive Plan, future roadway and utility extensions and sufficient buffering between residential and nonresidential uses. D. Signs: As permitted and regulated pursuant to the applicable provisions of Chapter 12 of this Title. (Ord. 1992-14A, 12-10-92) 10-9-3: SPECIAL USES: Agricultural sales, storage and service of agriculturally oriented products. Airports or aircraft landing fields. Animal feed, storage preparation, mixing and wholesale and retail. Animal hospital. Blacksmith or welding shops. Cemeteries, including crematoriums and mausoleums provided no building shall be located less than one hundred feet (100') from a lot line. Churches, temples or synagogues. Colleges and universities, including dormitories, fraternities, sororities and other accessory buildings and structures or trade schools. Commercial feeding of fish, poultry and livestock. Commercial or private dog kennels provided that they are located not less than five hundred feet (500') from a residential lot line. Communications use. Fertilizer sales, including bulk storage and mixing. Golf courses, miniature golf courses and driving ranges, provided that no clubhouse or accessory building shall be located less than three hundred feet (300') from a lot line. Grain elevators and storage. City of Yorkville 10-9-3 10-9-3 Milk processing and distribution, including pasteurizing and manufacture of ice cream but not including the processing or manufacture of cheese. Nurseries and greenhouses, wholesale and retail, provided that all plants are grown on the premises. Outdoor amusement establishments, fairgrounds, carnivals, circuses, race tracks and other similar amusement centers and including places of assembly devoted thereto, such as stadiums and arenas. Philanthropic and eleemosynary institutions. Private clubs or lodges, except those the chief activity of which is a service customarily carried on as a business. Private recreational area or camps. Public utility and public services, including electric substations; repeater stations; microwave relay towers and stations; mobile transmitting tower and stations, antenna towers and other outdoor equipment essential to the operation of exchange in the interest of public convenience and necessity; water filtration plants; water pumping stations; water reservoir and similar uses. Railroad passenger depots. Railroad right of way and trackage, but not including classification yard, terminal facilities, piggy-back facilities or maintenance facilities. Rest homes, nursing homes, hospitals and sanitariums, institutions for the aged and for children for human beings only. Riding academies and stables. Sales yards, wholesale or retail, for agricultural products including, but not necessarily limited to, fruits, vegetables, flowers, plants, etc. Seminaries, convents, monasteries and similar religious institutions including dormitories and other accessory uses required for operations. (Ord. 1992-14A, 12-10-92) City of Yorkville L 1 10-9-4 10-9-7 10-9-4: ACCESSORY USES: A. Those customarily accessory to the pursuit of agriculture, provided that structures for the shelter of livestock, poultry and other farm animals shall be located not less than one hundred feet (100') from a lot line. B. Roadside stands for the sale of produce or poultry grown and raised on or in the immediate area of the premises but not including live animals and provided that such stands shall contain not more than six hundred (600) square feet of floor area. Each roadside stand shall have facilities approved by the Superintendent of Streets, for vehicular ingress and egress and adequate off-street parking. (Ord. 1992-14A, 12-10-92) 10-9-5: BUILDING SETBACK LINE; SIDE YARDS: A. Setback Line: Every building hereafter erected or enlarged shall provide and maintain a setback from the public street in accordance with the following requirements: 1. Primary thoroughfares, (Route 34 and 47) two hundred feet (200') from the right of way. 2. All other streets or roads, one hundred feet (100') from the record or established right of way. B. Side Yards: Each building hereafter erected or remodeled shall have a side yard on each side of each building of not less than fifty feet (50'). (Ord. 1992-14A, 12-10-92) 10-9-6: FLOOR AREA RATIO: Maximum floor area ratio for special use shall be established at the time a special use permit is granted. (Ord. 1992-14A, 12-10-92) 10-9-7: BUILDING PERMITS, CODE AND FEES: All buildings and structures used for agricultural purposes shall be exempt from building permits, codes and fees. (Ord. 1992-14A, 12-10-92) City of Yorkville 10-9-8 10-9-8 10-9-8: FENCING RESTRICTIONS: The fencing restrictions contained in this Title shall not apply to agricultural uses under this Chapter. Fencing requirements for special uses shall be established at the time a special use permit is granted. (Ord. 1992-14A, 12-10-92) City of Yorkville PLAT OF A NNEX� TION SMITH ENGINEERING CONSULTANTS, INC. r ENCay.BS ENGINEERING EER.r Part of the Southwest Quarter of Section 21, N„ Township 37 North, Range 7 East of the Third Principal Meridian, in Kendall County, Illinois. .+' CERTIFICATION - STATE OF ILLINOIS ) / )SS COUNTY OF MCHENRY)COUNTY I,OInald C.f U,eaer,Illhol.Prof d—n LInd Surveyor Number 3273,do hereby certlry Mot Me Plod of � Anneso<bn of the Property M1ereen drown was vnpletetl under my dkection from prewoudy mnpleletl aurveya cmv 7 and I——Plate Ind other d--cls of record. REt �Er NC�PR That port of Me Sootheaat QuoRe.of Settler 21,—hip 37 North,Range 7 Eaat of Me T Ird P—ksl Meridkn deaoibsd-follows commencing at on c,tl,ken pp,stake void to be over Me onginol lomtl- of a Mene h the center of Inignd Bri—and Dewego Rood previously d.—Ilsd as bring 23.05 drain.— and North 35.30'Wes!11.02.bans trap the S Lh—st comer of sold Sectlm 22 thence Norih—terry along a Ine laming on angle of 93.23'OT with the center 1'n,of U.S.Rout,No.34,m,oared from N.r ..I b North—,2054.60 feet;thence Sauthwe.taly Wmg aline forming on—gl.of 87.OT 00•with th4 last de.crped coy oared clockrise Me—nn.625.40 feet;Mence Norihwe.tedy along a I'ne faming-Ingle of 269..'Oo•with Me 1-1 d--.coupe,measured dodwiee therefrom,508.20 feet; thence SaaNre.ledy Wong a Ilse,which line Is herelnafler mft—to-•Line A•and form.In Ingle of 91' 07'35•MM the tart d Ils,d coons,meoared clockwise th fir—2657.62 feet:thence—Wong a line O�i Sfj fanning an angle of 53.07 29•MM the last d,.abed.aurae mea..red—terdockwiae Merefram 2004.69 in feet b o Pont n the curter line of Kennedy Rood for Me pant of begmmng,thence South along the last descrped caarw 2004.69 feel to,aid Lin,A,Dance So-.Wy dong Me eslmsim of saW Line A,71131 p Mt,Mencs Narthweatmly dmg o line famnq an angle of 130'01 22•With the last 4,...lbed c measured coontaslockwme lhmskom 1047.11 fse Manta NorMeoelerly along a In.Immng an Ingleeof 89' 39•rNh Lhe lori deaabed murss measred counteclackwbe Iherehom,2126.69 feel to a poet in the r center Ine 0 Kennedy Road whlo,1.a Nori-e comer of a tract of land cmveysd to Jinn G.con—by a Wammty Deed dated October 27.1972 Ind recorded Nov,mba 2,1972 0.Document N..72 5301:Mence fU 911nolsly dmg wW—Ilne,1106 04 feet to the pant of beg nning in Bd.tol Torn.hlp.Kmdo9 County, fbi, with Mal port If Kemedy Rood lying Narfhedy of antl adpemt to the.object Properly descr9aed ea N y filar.: � ' �/" Beginning It Me Nori -comer of the subject property,being the NorMea,t carom of o tract of lord per Wommtee deed 72-5W1 recorded November 2,1972 thence—10 degrees 02 minute 21 Intends East ,.g 9*ZJ_�D) 2857 feet to Me North Lhe of said Kennedy Road,Mence along saW N Iine Net,80 degree.16 mbrate. ,1.1. © - —Ir O9.sand.Eo.l 109988 f-L Mmcs SouM 03 degrees 16 mnutes M aecmd.E,,L 25.16 feat to Ma / YO'14'tYr"tD) I Nord -tamer of Me abj,ct property.being a Pont on Me cenbrlire of mid Kennedy Road,Drente dbrq yp said cenbnne South 80 degree.16 rni-lea 09—d.E—L 1106.04 feet to Me point of begnning 2` 7 825 / All in Kendall.arty antl cmtarnng o tool of 6919 u e.If md mo a or 506.20 0) �0� Dated at McHenry,McHenry County Illinois A.D.2000 q. 2 (Ol Illinois Prof a..I...I Land Surveyor No.3273 205544.4 40'[Of J T ..53Y]12A•�f0) 4 `,_ CENTERLINE 0,ILLINOIS I ' ROUTt J4 P.o.r_' 9471-0-(0) 1 t5 LQCATlON MAP �i�oar'2e'(ol K A �k S 5R GRAPHIC SCALE = CITY OF YOl2KV/LLE SITE PLAT OF ANNEXATION 400 0 zoo 400 800 1000 CATION KAPK P ARCEL T REWS1l)NS DRAWN BY: DATE PRO.[CT NO. AIRJ 4-14-00 000229-4 IN FEET ) (NO SCALE) 1 DES GNm BY: NOR12.SCAE sNEEr ra. d. Oct T•_+oo' I inch = 400 ft. OW VGG BY: NERT.S4. 1 O(i m PROP. PROP. R.0. W. COUNTRYSIDE PARKWAY R.O. W. --1- 110' ROW 55' 55' S 15' 30 BIB 10' 10' 30' BIB 15' QLA 1' S' 9' 13' 13' 13' 13' 9' S' 1' PGL 2� 2—9_ 29 8 1' (TYP.) 6 8 5 1 2 3 4 f0 9 8 9 10 4 3 7 2 1 5 6 COUNTPYSIDE PAPKWA Y O1 SUBBASE GRANULAR MATERIAL, O6 P.C.C. SIDEWALK-6" NTH 4" TYPE B, 11" (Sq. Yd.) AGGREGATE SUBBASE (Sq. Yd.) O2 BITUMINOUS BASE COURSE O7 7HERMOPLAS71C PAVEMENT MARKING 6" (Sq. Yd.) 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P.1AE faDD• � ..._� MENARD'S COMMERCIAL COMMONS Q R, ��.t'. o� s6sssz77� d7s�. ! ._.._ c 1 &5 YORKVILLE, ILLINOIS 10, CONCRETE l 82A5 n Aar YQNU1.Ar bJ'W 4&0.90• ?W 0 n szE2• .. , 15 FMMSIONS_ DRM BY 'INT DATE: IrNPROJECT N0._ "-152.43' A-000)JE7 - 66-W E N83w`IJ'W 90089' _ •°. .. 1 2 DSN BY IN . T:IHORIZ SCALE: SHEET NO. �1 Po A'y .. .t-a.t f.r c. .x. DCC. 1' Z00' a '�' CH Y: INT:i VERT SCALE:€ 7 OF 2 s Exhibit"I" LEGAL DESCRIPTION That part of Section 21, 22, 27 and 28, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at an existing iron pipe stake said to be over the original location of a stone in the center line of the Original Bristol and Oswego Road previously described as being 23.05 chains West and thence North 35°30' West, 11.02 chains from the Southeast corner of said Section 22; thence Northerly along a line forming an angle of 93'23'07" with the center line of U.S. Route No. 34 (measured from the Northeast to Northwest) this line hereinafter referred to as line "A", 30.05 feet to the Northerly right-of-way line of said Route 34; thence Northwesterly along line "A" aforesaid 798.60 feet; thence Southwesterly,parallel with said center line, 332.0 feet for a point of beginning; thence Northeasterly along the last described course, 332.0 feet to line "A" aforesaid; thence Northwesterly along said line"A", 1,225.95 feet to a point (measured along said line"A"), 2,054.60 feet Northwesterly of said center line; thence Southwesterly along a line forming an angle of 87°07'00" with the last described course (measured clockwise therefrom), 825.40 feet; thence Northwesterly along a line which forms an angle of 269°46'00" with the last described course (measured clockwise therefrom), 508.20 feet; thence Southwesterly along a line forming an angle of 91'07'35" with the last described course (measured clockwise therefrom), 3,369.33 feet; thence Northwesterly along a line forming an angle of 130°01'22" with the last described course (measured counter-clockwise therefrom), 56.76 feet; thence Southerly along a line forming an angle of 90°21'26" with the last described course, 1,515.36 feet; thence Southerly along a line forming an angle of 180°01'49" with the last described course (measured clockwise therefrom), 592.0 feet; thence Southerly along a line forming an angle of 184°09'33" with the last described course (measured counter-clockwise therefrom), 18.28 feet to the Northerly right-of-way line, of U.S. Route No. 34; thence Easterly along said Northerly right-of-way line which forms an angle of 90°56' with the prolongation of the last described course (measured counter-clockwise therefrom), 512.55 feet; thence Easterly along said Northerly right-of-way line being along a tangential curve to the left having a radius of 1,402.39 feet, 976.52 feet; thence Northeasterly along said Northerly right-of-way line being tangent to the last described curve at the last described point, 4,268.99 feet to a line drawn parallel with line"A" aforesaid Southeasterly from the point of beginning; thence Northwesterly along said parallel line, 798.60 feet to the point of beginning in Bristol Township, Kendall County, Illinois and containing 256.187 Acres. 1 Y GREEN BACK LIT y00,41LLE CROSSING i SHOPPING CENTER o IDENTIFICATION �o o� ao MENARDS = 100 SQ. FT. RETAILER 8 SIGNS AT 30 SQ, FT, RETAILER EACH = 240 SQ, FT, RETAILER Lo ,. co RETAILER ° RETAILER RETAILER co I N M HAMMAN TENNANT N GRAY TEXTURED METAL CABINET HAMMAN TENNANT HAMMAN TENNANT WIDE RACKED FINISH zo PRECAST CONCRETE PANELS W/ CONCRETE CAP 16'-0' _ r� PROPOSED SHOPPING CENTER IDENTIFICATION SIGN LOCATED AT COUNTRYSIDE PARKWAY & HWY, 34 TOTAL SIGNAGE SQUARE FOOTAGE = 340 SQ, FT, SCALE: 3/16' = 1'-0' / / ►y �� "eY%s°uq'� UNITED CITY of YORKVILLE f County Seat of Kendall County K - V _ 800 Game Farm Rd. }"�•, Yorkville, IL 60560 E 630-553-4350 �O`NGED 1M�e December 14, 2001 Sandy Marker United City of Yorkville 800 Game Farm Rd. Yorkville, IL 60560 Re: Menard, Inc. Dear Sandy: Enclosed please find the following originally recorded documents: 1) Ordinance No. 2000-32 (An Ordinance Authorizing the Execution of Development and Annexation Agreement of Menard, Inc.) 2) Development and Annexation Agreement to the United City of Yorkville - Route 47 and Kennedy Road (Menard, Inc.) These documents are being provided for the City's files. Please be advised that file stamped copies have been sent to the Petitioner. Should you have any questions, please feel free to call my office. Very tail yours, 11 Daniel J. Kramer Attorney at Law DJK/lgc Encl. cc Chief Harold Martin