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Ordinance 2000-34 -00000012564 Filed for Record in KENDALL COUNTY, ILLINOIS STATE OF ILLINOIS ) PAUL ANDERSON ) ss On 09-15-2000 At 02:59 pm. ORDINANCE 18.00 COUNTY OF KENDALL ) ORDINANCE NO. 2000-3 4' AN ORDINANCE AUTHORIZING THE EXECUTION OF A PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT OF DONALD J. HAMMAN and CAROL S. HAMMAN WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County,Illinois,that a certain Planned Unit Development and Annexation Agreement pertaining to the annexation and development of the real estate described on Exhibit "A" attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Planned Unit Development and 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 enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS,the statutory procedures provided in 65 ILCS 5111-15.1-1,as amended, for the execution of said Annexation and Planned Unit Development Agreement has been fully complied with; and WHEREAS, the 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 Planned Unit Development and Annexation Agreement concerning the annexation and development of the real estate described therein, a copy of which Planned Unit 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. BURTON CALLMER DAVE DOCKSTADER q, 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 1 day of J , A.D. 200 . a MAYOR -2- Aay PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this of (LL , A.D. 20- . Attest: O 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 That part of the Southeast Quarter of Section 21,part of the Southwest Quart of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 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 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 the 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 said line"A" 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, measured clockwise therefrom, 1,362.93 to the Northwest corner of a tract conveyed to Vijay K. and Promila Marawaha by a Warranty Deed recorded June 17, 1994 as Document 9406488; thence Easterly along the North line of said tract at right angles to the last described course, 349.64 feet; thence Southerly along the East line of said tract 731.78 feet to the Northerly right-of-way of said Route 34; thence Easterly along said Northerly right-of-way line, 162.55 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, an arc distance of 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" Southeasterly from the point of beginning; thence Northwesterly along said parallel line, 798.60 feet to the point of beginning; together with that part of U.S. Route 34 lying Southerly of and adjacent to the property hereon described, in Bristol Township, Kendall County, Illinois and containing a total of 257.68 Acres of land, more or less. , r r � 20o0 00012565 Filed for Record in Revised July 14, 2000 KENDALL COUNTY, ILLINOIS PAUL ANDERSON On 09-15-2000 At 03:11 pm. STATE OF ILLINOIS ) ANNEX AGREE 46.00 ss. COUNTY OF KENDALL ) PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE ROUTE 34 (DONALD J. HAMMAN and CAROL S. HAMMAN) THIS PLANNED UNIT DEVELOPMENT AND ANNEXATION AGREEMENT is made and entered into this-13,1h day of v I Lk , 2000,by and between THE UNITED CITY OF YORKVILLE,Yorkville, Illinois a r icipal corporation, located in Kendall County, Illinois, hereinafter referred to as "CITY", and DONALD J. HAMMAN and CAROL S. HAMMAN, hereinafter referred to as "OWNERS/DEVELOPERS" of the Parcel of real property described in Exhibit "A". WITNESSETH WHEREAS, the OWNERS/DEVELOPERS, DONALD J. HAMMAN and CAROL S. HAMMAN, are the owners 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 "A" attached hereto and made a part hereof and depicted on the Plat of Annexation attached hereto and incorporated herein as Exhibit`B";and which is not located within the corporate boundaries of any other municipality; and WHEREAS, the OWNERS/DEVELOPERS, are desirous of using said real property described in Exhibit"C"for B-3 Service Business District use,and are 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 WHEREAS, the OWNERS/DEVELOPERS, are desirous of using said real property described in Exhibit"E"for R-2 Single Family Residential District use,and are desirous of assuring to themselves that said real property can be used for R-2 Single Family Residential District use and all uses set out within said Ordinance which is attached hereto and incorporated herein as Exhibit "F",and to assure the right to uses under the R-2 Single Family Residential District use as is time-to- time amended by the CITY; and 1 i t WHEREAS, the OWNERS/DEVELOPERS of the property described in Exhibit"A"have requested the CITY to annex the said real property into the CITY; and its Plan Commission has considered the Petition; and the Plan Commission has heretofore approved the proposed land uses and the zoning of the same at the request of the OWNERS/DEVELOPERS 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"A"will be annexed to the CITY in an orderly manner; and further to provide how the real property described in Exhibit"A" will be developed within the CITY in an orderly manner; and WHEREAS, the OWNERS/DEVELOPERS and their representatives have discussed the proposed Annexation of Exhibit"A"and the development of all the"subject property"and have had public meetings with 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. 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 5111-15 through 65 ILCS 5111-15.1-5, as amended, as follows: 1. ANNEXATION AND ZONING: A. The CITY shall adopt an ordinance annexing to the CITY all of the real property described in the attached Exhibit "A" and the CITY in said ordinance shall zone the real property described on Exhibit "C", subject to the further terms of this Agreement as B-3 Service Business District as designated in the attached Annexation Plat incorporated herein as Exhibit «B„ Said zoning shall allow the uses,size,density,areas,coverage,and maximum building heights as set forth on Exhibit "D", B-3 Service Business District, and said real property shall be used and developed in accordance 65 ILCS 5111-15-1 through 65 ILCS 5111-15.1-5, and in accordance with the City Subdivision Control and Zoning Ordinances. B. The CITY shall adopt an ordinance annexing to the CITY all of the real property described in the attached Exhibit "A" and the CITY in said ordinance shall zone the real property described in Exhibit"E",subject to the further terms of this Agreement as R-2 Single Family Residential District as designated in the attached Annexation Plat incorporated herein as Exhibit «B„ 2 Said zoning shall allow the uses,size,density,areas,coverage,and maximum building heights as set forth on Exhibit"F", R-2 Single Family Residential District, and said real property shall be used and developed in accordance 65 ILCS 5111-15-1 through 65 ILCS 5/11-15.1-5, and in accordance with the City Subdivision Control and Zoning Ordinances. 2. The CITY agrees that in consideration of OWNERS/DEVELOPERS voluntarily annexing the real property described in the attached Exhibit "A" to the CITY, and developing the real property described in the attached Exhibits "C" and "E", the CITY and OWNERS/DEVELOPERS will each undertake the following duties, covenants, and obligations: A. i. OWNERS/DEVELOPERS agree to enter into a written agreement with Menard, Inc. and the CITY which shall provide that upon approval and execution of this Planned Unit Development and Annexation Agreement by the CITY, OWNERS/DEVELOPERS shall immediately dedicate for right-of-way purposes as depicted on the Plat ofDedication ofRight-of-Way incorporated herein as Exhibit "G",right-of-way for extension of Countryside Parkway to the East and the extension of McHugh Road to the South to its intersection with Illinois Route 34, all as depicted in the attached Exhibit"G". ii. Said dedication shall be to the CITY and shall be at no cost to the CITY. iii. The portion of Countryside Parkway on the subject property shall be designed and constructed to accommodate heavy truck traffic not exceeding 80,000 pounds to conform with Class II Road Standards under the Illinois Motor Vehicle Code, including the large tractor trailers that bring Menard Inc.'s deliveries, aggregate trucks, and heavy construction vehicles. Countryside Parkway may be used by aggregate vehicles to or from the subject property during the period that dredging and constriction of the regional detention pond is permitted. iv. In the event OWNERS/DEVELOPERS do not install the street that is shown in the attached Exhibit"I"which runs parallel with Illinois State Route 34 and further acts as the separation or buffer between areas zoned B-3 Service Business District and R-2 One Family Residence District, by the time a need exists for the CITY to extend sanitary sewer or watermain to the East of the subject property, 3 i r OWNERS/DEVELOPERS agree to dedicate to the CITY at no cost, an easement of sufficient width to install a sanitary sewer line and watermain adjacent to the proposed street dedication to serve the real property to the East. OWNERS/DEVELOPERS will not be required to pay any cost of said extension and the CITY will hold them harmless from any liability during said improvements. B. The Agreement between Menard, Inc. and OWNERS/DEVELOPERS shall specifically grant authority by OWNERS/DEVELOPERS: i. Enter upon said dedicated right-of-way to construct at Menard, Inc. expense the subject roadways and to obtain temporary construction easements in addition to the roadways, if necessary. ii. Authorize and permit the extension of all CITY, Yorkville-Bristol Sanitary District, and public utilities including, but not limited to telephone, electric and gas through said area. ill. Consent to the rebate of sales tax revenue by Menard, Inc. under its Development and Annexation Agreement with the CITY, as to sales tax revenues generated on the areas zoned B-3 Service Business District in this Agreement, in order for Menard, Inc. to recover the cost of road and related improvements over the areas of OWNERS/DEVELOPERS real property described in Exhibit "G". iv. To provide for the creation of a perpetual easement upon cost,terms and conditions to be agreed upon between Menard, Inc. and OWNERS/DEVELOPERS for the right to discharge stormwater drainage into a regional detention facility to be constructed upon the real property of OWNERS/DEVELOPERS for all ofthe real property which is being purchased by Menard, Inc. and which is described in the attached Exhibit"H". V. That the cost of acquiring any overland or piped overflow discharge route shall be determined as to allocation between Menard, Inc. and OWNERS/DEVELOPERS. vi. That in the event the alignment of McHugh Road and State Route 34 vary due to any requirements of the Illinois Department of Transportation Menard, Inc. and OWNERS/DEVELOPERS shall modify by Plat of Dedication of Right-of-Way required to be dedicated in order to provide a signalized intersection for the benefit of all parties hereto. 4 r ' vii. That all of the terms of said Joint Agreement between Menard, Inc. and OWNERS/DEVELOPERS shall be enforceable by the CITY as a third-party beneficiary of said Agreement. viii. The CITY agrees that in consideration of sums advanced by OWNERS/DEVELOPERS of the main arterial road between the commercial and residential sections of the development from countryside Parkway to the northeasterly boundary of the property, and the road southerly from that road at the northerly location to Route 34, and the construction of that northerly intersection at Route 34 per the State of Illinois Department of Transportation requirements,and the construction of the storm water discharge sewer from the regional detention facility to the Fox River, the CITY will reimburse the OWNERS/DEVELOPERS,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 "subject property", provided that Menard, Inc. shall be first reimbursed from said fund the cost of construction of Countryside parkway and McHugh Street and the Intersections for same at Route 34 that Menard, Inc. advanced for the portions of Countryside Parkway and McHugh that is located on the "subject property". The 50% sales tax rebate will continue until all funds advanced by the OWNERS/DEVELOPERS for the improvements listed herein are repaid. This reimbursement shall be reduced by any recapture fees paid by the owners of land southerly of Route 34 that are permitted to use the storm water discharge sewer from the regional detention facility to the Fox River. In the event any such recapture fees are paid after full reimbursement to OWNERS/DEVELOPERS by the Sales Tax Fund, such recapture fees shall be retained by the CITY. ix. The CITY shall endeavor to require dedication of storm sewer easements necessary for the utilization of the regional detention facility by owners within the tributary area of the regional detention facility, and it will permit storm sewers to be constructed for this purpose within CITY rights of way, subject to such engineering requirements of the right of way as the city Engineer determines is necessary. X. The OWNERS/DEVELOPERS may sell easements to use the regional detention facility on such terms and conditions as they determine, and the OWNERS/DEVELOPERS may adopt such 5 i requirements and provisions as are, in their judgment, necessary to prevent contamination or pollution of the regional detention facility not inconsistent with City Ordinances or State or Federal Regulations. xi. That CITY grants authority to OWNERS/DEVELOPERS to place an off-site advertising sign not exceeding 310 square feet on OWNERS/DEVELOPERS subject real property adjacent to route 34 in conjunction with MENARD, INC; including three (3) identification signs in conformance with Exhibit"J"attached hereto and incorporated herein by reference. C. The CITY shall permit OWNERS/DEVELOPERS to locate a temporary concrete batch plant on their property for a period not exceeding three (3) years from commencement of construction of the main project (which is being defined as the actual Menard,Inc.'s retail building and the Countryside Parkway extending from Route 47 East through Menard Inc.'s real property and South-East through the subject real property if the same is a concrete roadway. The use of the concrete temporary batch plant to be limited to the Menard, Inc. parcel and the Hamman parcel each as described herein. 3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein modified or varied, the OWNERS/DEVELOPERS 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 OWNERS/DEVELOPERS agree as follows: A. The development of the entire real property which is currently being annexed as described in Exhibits "A", `B", and "E"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 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 OWNERS/DEVELOPERS and added to the recapture amounts described in this Annexation Agreement and prorated among the parties specified herein. 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 taking into account the detention capacity that is required on 6 OWNERS'/DEVELOPERS' real property to serve the Menard, Inc. parcel (Exhibit "H"). It is acknowledged by the CITY and OWNERS/DEVELOPERS that it is the intent of the parties hereto that the detention requirements for the entire Menard, Inc. parcel will be met by OWNERS/DEVELOPERS providing all Stormwater detention to be constructed on their real property. OWNERS/DEVELOPERS shall require in the lease or license to the batch plant operator that all sales from the temporary concrete batch plant shall be invoiced from the subject property and that all sales tax be reported as received at the subject property. 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 OWNERS/DEVELOPERS 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 OWNERS/DEVELOPERS, at their election,shall be entitled to like treatment with respect to the subject property being annexed herein. 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. 7 F. i. 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 OWNERS/DEVELOPERS,except as may be charged on a non-discriminatory basis to all residents of the CITY. ii. OWNERS/DEVELOPERS agree on their own behalf and that of any future OWNERS/DEVELOPERS to voluntarily pay school transition fees as are in effect with the CITY at the time of execution of this Agreement,as to the portion of the real property that is developed for any residential purpose. iii. OWNERS/DEVELOPERS agree,as part of their land/cash obligation for park development,to configure and dedicate a beach front park of no less than five(5)acres at a mutually agreeable location on the East end of the proposed excavated area as depicted in the concept Regional Stormwater Detention Area attached hereto and incorporated herein as Exhibit "I". It is contemplated this park will have beach frontage of seven hundred thirty-two (732') feet. The donation will be measured from the average water level of the pond. OWNERS/DEVELOPERS will,at the CITY's direction,rough grade a beach shelf with a reasonable recreational slope to a five (5') foot depth. It is contemplated that this park donation will be located at the easterly boundary of the property so the CITY may join it with other park donations or acquisitions from adjoining property assembled by it in the future. iv. OWNERS/DEVELOPERS further agree to dedicate to the CITY a 66' x 150' parcel from the easterly proposed roadway to the lake at approximately the midpoint of the lake, the subject property being (the unnamed road contemplated easterly of Countryside Parkway) northerly of the interior arterial street separating the commercial area from the residential area, for all public purposes to the edge of the pond shall be dedicated by OWNERS/DEVELOPERS to the CITY as part of the Final Plat for the residential area. It is contemplated that this right-of-way shall be for uses to include,but not limited to, emergency ingress/egress, location of the storm sewer outlet, public 8 utilities, and any other proper governmental or Home Owners Association use the parties may designate. V. OWNERS/DEVELOPERS agree to dedicate to the CITY for park purposes, the approximate one hundred thirty (130') foot strip adjacent to the northerly roadway being constructed by OWNERS/DEVELOPERS and the end proposed residential lot at the North-West edge of the area being developed for detention purposes, at the time the roadway is installed by OWNERS/DEVELOPERS; and running parallel with the westerly line of the West commercial parcel as set out in Exhibit "I". vi. The dedication for park purposes to the CITY shall conform to the following standards: 1. Develop and construct the beach area on the five acre parcel and on the 66' x 150' lot. 2. For a distance of 150' back from the normal water edge and going into the lake for a distance of 150'the grade shall be no greater than 10:1 with a minimum thickness of 12" of sand. 3. The remainder of all CITY sites shall be landscaped with a minimum of 6" of topsoil, graded, and seeded. G. The CITY agrees to cooperate with the OWNERS/DEVELOPERS, 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, storm sewer mains including but not limited to any off-site stormwater discharge route to the Fox River,and water mains described herein as well as the construction of roadways and the Stormwater detention areas located within wetlands, if any, on the subject property. H. OWNERS/DEVELOPERS and CITY agree that the area to be used for a "Regional Stormwater Detention Area" shall be located within an area described in the attached Exhibit "I" which is attached hereto and incorporated herein by reference. Said Regional Stormwater Detention Area shall be subject to the following terms and conditions: 9 1 1 i. The area shall consist of a maximum of 90 acres,with the minimum acreage configuration and storage capacity based upon a land planning and engineering study to be submitted by OWNERS/DEVELOPERS and Menard, Inc. subject to approval by the CITY. OWNERS/DEVELOPERS shall further maintain a 185' setback from all adjoining property boundaries. ii. The area used for the Regional Stormwater Detention Area shall be excluded from Land-Cash Contributions and School Transition Fee Contributions for purposes of calculating those contributions of any area of the Regional Stormwater Detention Area located within a residentially zoned portion of this Agreement. iii. That during the construction of said Regional Stormwater Detention Area, OWNERS/DEVELOPERS shall be allowed to extract and process black dirt,clay,sand,or gravel and sell the same off-premises without being in violation of any Ordinance or Regulation of the CITY, so long as OWNERS/DEVELOPERS comply with any applicable law, rules and regulations provided under the Illinois Surface Mine Act,Illinois Environmental Protection Agency,and any other State or Federal Agency from whom OWNERS/DEVELOPERS may be required to comply with as to operation, permit, or report to in regard to said excavation and extraction. OWNERS/DEVELOPERS shall have the right to construct a scale- house on-site which shall be served by individual well and septic unless CITY sewer and water is within 250'. Said scale-house may be included in a storage building not exceeding 8,100 square feet to house office and equipment storage until the detention facility is completed within one hundred eighty(180)days of the completion of the detention facility the scale-house and building shall be removed unless the CITY approves retention of the public building for governmental purposes,in which case the parties would negotiate an agreement to transfer the same. iv. That the right to remove materials for the construction of said Regional Stormwater Detention Area shall be in conformance with an Engineering Plan approved by the City Engineer for the CITY as to the volume of stormwater detention and storage, methods of constructing and final configuration of landscaping plan. The removal of said material shall not be permitted in any area zoned B-3 Service Business District; and a maximum slope of 3:1 shall be maintained from all commercial property lines. 10 V. That the length of time of extraction and off-premises sale shall not exceed twenty (20) years from the date of execution of this Agreement. I. i. The parties hereto agree that the subject property may continue to be used for existing agricultural uses until the subject real property is developed. 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 OWNERS/DEVELOPERS shall not be required to construct all on-site and off-site improvements prior to issuance of a building permit for buildings or improvements on any portion of said subdivided land,if consented to by the City Engineer which consent shall not be unreasonably withheld. Rather, the OWNERS/DEVELOPERS 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, but it is understood that building permits may not be issued unless OWNERS/DEVELOPERS have provided adequate road access (paved roads) to the lots for emergency vehicles and have provided sufficient water supplies for fire fighting purposes. 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 OWNERS/DEVELOPERS and approved by the CITY before an occupancy permit is issued 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 Final 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 OWNERS/DEVELOPERS 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 34 for the development of the "subject property". 11 iv. It is specifically understood and agreed that the OWNERS/DEVELOPERS and their 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 OWNERS/DEVELOPERS have 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 OWNERS/DEVELOPERS 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. vi. The Covenants and Agreements 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. 4. The OWNERS/DEVELOPERS acknowledge that they must annex the real property described in Exhibit "A" when development is sought by them or any future OWNERS/DEVELOPERS to the Yorkville-Bristol Sanitary District, and further acknowledge that annexation to the CITY in no way guarantees sewer service to the entire parcel by the Sanitary District. 12 5. 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 OWNERS/DEVELOPERS agree that the terms and conditions of this Agreement are contingent upon OWNERS/DEVELOPERS, CITY and the Menard, Inc. entering into a Development and Annexation Agreement providing for the enforceability of the joint obligations effecting Parcel"A" of OWNERS/DEVELOPERS and the real property ofMenard,Inc.described in Exhibit "H"of this Agreement. 6. 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 With a copy to: Daniel J. Kramer, City Attorney 1107A S. Bridge St. Yorkville, IL 60560 If to the Owners/Developers: Donald J. Hamman and Carol S. Harriman 13351 B Faxon Rd. Plano, IL 60545 With a copy to: Attorney, John Duggan 407 W. Galena Blvd. Aurora, IL 60506 or to such other addresses as any party may from to time designate in a written notice to the other parties. 7. 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. 13 I i 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. 8. 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. 14 1 I IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this_ L3 d ay of '10I t , 2000 CITY: THE UNITED CITY OF YORKVILLE By: , MAYOR Attest: qg2&u CITY CLERK OWNERS/DEVELOPERS: DONALD J. MAN CAROL S. HAMMAN Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 (630)553-9500 15 EXHIBIT LIST Exhibit"A" - Legal Description of the entire parcel Exhibit`B" - Plat of Annexation Exhibit"C" - Legal Description of B-3 Service Business District zoned area Exhibit "D" - B-3 Service Business District Ordinance Exhibit"E" - Legal Description of R-2 Single Family Residential District zoned area Exhibit "F" - R-2 Single Family Residential District Ordinance Exhibit "G" - Right-of-Way Plat of Dedication Exhibit"H" - Legal Description of the Menard, Inc. Parcel Exhibit "I" - Regional Stormwater Detention Area Exhibit"J" - Identification sign drawing 16 Exhibit"A" LEGAL DESCRIPTION That part of the Southeast Quarter of Section 21,part of the Southwest Quart of Section 22,part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 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 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 the 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 said line"A" 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, measured clockwise therefrom, 1,362.93 to the Northwest corner of a tract conveyed to Vijay K. and Promila Marawaha by a Warranty Deed recorded June 17, 1994 as Document 9406488; thence Easterly along the North line of said tract at right angles to the last described course, 349.64 feet; thence Southerly along the East line of said tract 731.78 feet to the Northerly right-of-way of said Route 34; thence Easterly along said Northerly right-of-way line, 162.55 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, an arc distance of 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" Southeasterly from the point of beginning; thence Northwesterly along said parallel line, 798.60 feet to the point of beginning; together with that part of U.S. Route 34 lying Southerly of and adjacent to the property hereon described, in Bristol Township, Kendall County, Illinois and containing a total of 257.68 Acres of land, more or less. - - - I - E)akilbirr "b" I i-1- I I-/GA SMITH ENGINEERING CONSULTANTS, INC. 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S-';,-�310-1, )ss - ,-�,�t,��, ', I -'-p" . , ` I 11 11 a� , ,, --5-"f.of'- " COUNTY OF MCHENRY) ,- -11,�',,,, I - �,�, 11 LOCATION MAP ";,."I� i- ------.- . !,Donald G.Gnes-,Illinois P,of,eesionol Lane S-hl-b-327.3,-ho,shy-Iify that the Pl,f of I ROAD ------L A-Von of the P,ope,ty nemon dnawn was completed and,r my di-tion t.om ip,evimsly completed m-ys KENNEDY ' and officid mol,s,plate and o1he,d-mort,of�d. - ""', ! 11 - I,-'�,"��,, . �;......�, �� "",-- , "i",,,,,g. I Point of Commenc I %,�, "'I'll-,Z en t -/ T -� .hot p-t of the S-th-f Quarter of Sect-21�p.,t.i the S-th-s'Q-ter of Secti-Z2.p-of the .1 , ;-, ,11,�',, -W�, ., , �,�,4�,� "', I - " ��,,"�,,� ,,,, ; ,,� I ; ,,,,, ,� : X I , . .-th-st Q-t-of Section 4 7 and-t of the N.,th-.t 0-1a,of Section 28,Township 37 Month,Range . 1 7 East of the Thl,d P,'..Ipd eridlen de-lbod..fail... Com-ung at-exhoi.g 11-p;p..take.aid I ��;,"- to be me�the ortgInd location of a starte in the cente,line of tt-Wgin,l 8,1,t.,a,,()swsq,Read . 1 N,,-',�-,, "" --W � i I ,,,,Z,�', , " �......,-,��,�,' ,�,U- p-ously desvibed a,being 23.05 chains West and thence 35'30'West.M02 cham,from the Swthea.t "I ,t�,l��,",t'-1" I , - -, ,',��,,,��_ ,,,,,�-,,,,'-�'�,- , , " ,- . �,�,7�'S"'4Z , , ", -��, I " - ! a--of sold Section 2Z �--.-Lmsly along. Ine f-ing-.nqla of 93'23'Or with the-ter If.. ,,�`,',�,-,'l-,,'��­,',�',-,',,, ;� , co�,�b, i ,,�',',',�,"I'-�I "I �1�� 1 , -��T�11, -I-- - - "' - Real.34,--red from the W-th-t Its the N-th.-t.this lin.h...;,after,,f.r,.d to as In.W, . " - , -�,-,�"',-�:,�-,,,e;-,,-t--�-'- r- i - of U.S� I � , \ V, I I'll,"���r.1"�,,, I ,, -----�-t--�1,a, I ,, , '--- - ,�-­­-',�,�­- -, GRAPHIC SCALE 30.05 feet to the northerly right-of-y line of said Re,,t,34, the,ce northwest.0y.long id live W. . " ,�� -, \ ,R."I�_;,A,',,��,��-��,"'-,� ---,�-,--�E" I , n, , , . I W-1-111-1 1z ,,;-,7 , �p�� I , \ �8.60 feet;thence scathwestmly,po,ollsl with sold center line.332.0 feet far.p1l of,zin.i.9; thence �9 I "��,,,,�,- , - ,,�--��,-, -,Z,3-10�1 - ,��",:: ---�, ,,.,��,,,, - \ 10 11 i . 1. - - - ,��,,�`,,-,-- - `�---,,,, -��,�z ,�'�-', , ,-;.I'- . I rt easterly along the lost described--e.332.0 feel to..,d line W; U,-..­ffi-isrly along.aid[in. i I 1,1, ",,��-, ,���,,--,-,-�',,�- ,-,--�--- I 00 i , � L- i I . :��-,, - 11 - , 11 11 70 , �`'--��;��,;,;,i",,(, ��,��`, ', I e,'1225.95 feet to.piro--ne,f along,aid line"A*� 54.BG feel-thwe,stedy of said center line; a 1 ,,---�-,�L�,',--�'.,,-�, ,,.,",�, �,I - \3 5. 1 1.....lW_ i ttnw, ­ms-red ,---�-,,-�-"",�-'i�, r-,--,,-,-,�,"' '51 � I --th-te,iy ok,og.line farming..ang�e.1 87'97'00'with the last d-ribea Q� ,-,-,,-,--,,; �7, 1 � I I � I 1, ,.,W '-, ,� , ,I -I ­ """ ,- , l 11 ( ai.ck.i,, th-fram.825.40 I.wt� th--rith-sterly along a line.1,10 1-an angle of 269'46'00'with 11 "I'.-- �� - I I.oh-200 It- OR the lostedestoribed cov,se,no-ed alack,i-the,efrom.501120 feet;thence southwesteny along a 1 ,V41"""a ,,, , ,� , In. "I --- t �\ �11.......... " . 6 ----, ,z,%11,Zv,,g, P',','�,, � �,,�5011?1-;" ,,, -- -- - , '0;� " f. Ing-an4.of 91'07'35*with Lh.last d.sc,,'b.d-,-,.-..red cleaf,.1-th-kom,3369.33 fact; ��,,� gg, , - " ` 1," � ,,, '-. �,T "I 1* - I " ,-'N, `7v, �,�,O - thonce no,lh-Wy Wong,'in,tonmi,g an ongie of 130'01'22"with the last d...rib.d couns..m-sured �,,", �\" I�,�','1111��v-",,,---,�--- -�',-,��� 11 I-, 111-1---- I ,-�t"�� , , I ,� ,,----", �; I" �".. �� ----�,,,,,,�,�--"""',,,,," ", � counle-ciack,ise the,ei-,56.76 ie,st; thence southedy along a Ifs,.e forming an angle of 90-21'26*with �j , 1,� "."-t,- � 1-111 ,,, , the _ 1 " - ,��, �,��"I -,� last cl-ib.,l na.,m-- -.k.l-the,er-, 362 93 feet to III..Northwest-er of a tno� -- -`U'� �,,--�y,;!,Vftl� I �,-- - - �, _j ... I...�,,�1:11;-`"�,Z�l 11,� kl "I'll �,,,, I ,eye.to May K,-d P-1.M.-h.by.W-..ty O..d re-ded Jo..17,1994..D...ment 1�...I g` 11 I %,,,T:, , I cl�y OF:: ro)2<"AL L",-� ,_R, - - "11 �,%A,Wj,", ­I I I I / 940 4SS; thence eosterty along the North H-of said fract at,fght angles'.the last de-ibed ca,mse, i I'll I I I -1, -_ I / 11-- -w-',- ��� -i"."I 1 ,349' i 10,�,,,;�,t',Q_,=-�,�C, �,,,,�- - , - sai�64 feel; thence southeny along the East line of,aid i-t.731.78 feet to the n.rth.dy dqht-f-y of ,";",V,Q��f- 1�, - ; -------- , -', - - Al`�-:, I I � � ;- "'. -, �,7"d 1 t%-S I ly.--g.aid .." K,n,�...� � Raul.2A; th-s..tsrly dong.aid-th.rly-ight-.f-w.y I.e,162.55 feet then--terl �A�&,�n-,;�--, -,",-ZA,�,,��-,-,-;z- "" � ,��e,�,"', , PLA T OF A1\b\1E)(AT10t\1 -�hwly rig�t-&-wcy late bei,,q Wang,Lang-Lid-to the left h-ing.ro,lf,i�of 1402,39 feet,an.. . I -� -,- �,,t � � ,z zz , "' , - I - ��:--,- ," - � , I -1-1� 11 "I W.-. : I I�I -......�Itll",,��j 11 I'll � -11,/ di f?,7.6..52 1-t; lh-e.orthea.teriy along said-tm,dy right-f-y line being tongwt',a the lov I I _,,�-,A,-',:, -,-111., I - 11 i I �-� )Z�OU=r- 34 . � I , �- "" """" "' -, ,-, I I'll I— "'. ` 11,111-11 a.-Ib.J- A% : -- -- ---- - ,� ,!, 4 the last destait.po�nt.4268.99 feet to a ih.dra-"ralsi with.W fine* i I ,;,�,� ,Z-� - I u I.- � % . I " � 1. -- I b'! to other with that-t of U.&R-t�31 yi.9-finsfly of and.dp..t to the ar.part) � i ---i........ I -T' ! " "','�, ','��",� i ��.-deselibZ1, s,.I C-ty,Illincis,contamina a toloi of 257�88 acnw,of land,m . " T i In- G,GPI i ","1z", 0* a,sbsoy from the jaol,-,of b.glIning; th-horth-teny otang wai�parallel line,7M.60 feet to the Bretot Township,Kendall C : : //' , -" I *1 i f : REIVISIONS D"'I BY'. INT:I DATE I PROJECT NO- I ias.. : 19sn I "I . . 5 � ._ , � "­,,111 f, -15-00 . :1 "z--A I C- ----� CALE) - - D.1ed at ,V, c-.1 i��-�-nty V ir.i, -,'_1-,Ae-]�? " s-,P I I i %­, NO SC : 2 DSANIRBY: IN IIORIZ SCALE*I SHEET NO. I ," : I - I T- I , , ` i 1 4-200' Ifn - u-� "`�*_, 11� i L- I � . 11. DGG �- . _A.D. 2000 .,,�,,,�,�t- 'I, - 'I -;F, -7�5---­- � 1 4. CHK BY. VERT SCAI E- - 27:,: "I'll" , , �,�, V - I ( I (_....� flli-i.F,of-4-11-d S.-pr Z "I" --..........--- -J il- -I'.�T � . ,,, ,, ,, ,, , I - -----.-.--.-...............................--..------....................�............--- ----- - -- 5. -1 <X-)--Z,� I Exhibit "C" LEGAL DESCRIPTION B-3 Zoned Area That part of the southeast Quarter of Section 21,part of the Southwest Quarter of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 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 35°30' West, 11.02 chains fro 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 34, measured from the Northeast to the 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 said line "A", 798.60 feet; thence southwesterly,parallel with said center line, 332.0 feet; southeasterly along a line drawn parallel with said line "A"27.25 feet for a point of beginning,being on a line which is 800 feet northwesterly from and parallel with the aforesaid Route 34; thence southwesterly along said parallel line 2419.08 feet; thence northwesterly 1361.69 feet along a curve non-tangent to the left, having a radius of 2245.00, a delta angle of 34°45'09" and a chord distance of 1340.92 feet, the chord of which forms and angle of 123'46'13" with the last described course,measured counter-clockwise therefrom; thence westerly along a line tangent to the last described curve, 444.92 feet; thence southwesterly along a line forming an angle of 135°46'21" with the last described course,measured clockwise therefrom 465.41 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, measured clockwise therefrom, 1362.93 feet to the Northwest corner of a tract conveyed to Vijay K. and Promila Marawaha by a Warranty Deed recorded June 17, 1994 as Document 9406488; thence easterly along the North line of said tract at right angles to the last described course, 349.64 feet; thence southerly along the East line of said tract, 731.78 feet to the northerly right-of-way of said Route 34; thence easterly along said northerly right-of-way line, 162.55 feet; thence easterly along said northerly right-of-way line being along a tangential curve to the left having a radius of 1402.39 feet, an arc distance of 976.52 feet; thence northeasterly along said northerly right-of-way line being tangent to the last described curve at the last described point, 4268.99 feet to a line drawn parallel with said line"A", southeasterly from the point of beginning; thence northwesterly along said parallel line, 771.35 feet to the point of beginning, in Bristol Township, Kendall County, Illinois, containing a total of 144.8 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 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 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 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 Exhibit"E" LEGAL DESCRIPTION R-2 Zoned Area That part of the Southeast Quarter of Section 21, part of the Southwest Quarter of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 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 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 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line"A", 30.05 feet to the northerly right-of-way line of said Route 34; 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 said line"A"; thence northwesterly along said line"A", 1225.95 feet to a point measured along said line"A", 2054.60 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, 2657.41; thence easterly along a line forming an angle of 44'13'39" with the last described course, measured clockwise therefrom, 444.92 feet; thence southeasterly 1361.69 feet along a curve tangent to the right, having a radius of 2245.00, a delta angle of 34°45'09" and a chord distance of 1340.92 feet to a line which is 800 feet northwesterly from and parallel with the aforesaid center line of Route 34; thence northeasterly along said parallel line, forming an angle of 123'46'13" with the chord of the last described curve, measured clockwise therefrom, 2419.08 feet to a line drawn parallel with said line "A", southeasterly from the point of beginning, in Bristol Township,Kendall County, Illinois, containing a total of 105.3 acres of land,more or less. 10-613-1 10-613-3 CHAPTER 6 RESIDENTIAL DISTRICTS ARTICLE B. R-2 ONE-FAMILY RESIDENCE DISTRICT SECTION: 10-68-1: Uses Permitted 10-613-2: Special Uses 10-613-3: Lot Area and Allowable Density 10-613-4: Yard Areas 10-613-5: Lot Coverage 10-613-6: Maximum Building Height 10-613-1: USES PERMITTED: The following uses are permitted: Any permitted use in the R-1 One-Family Residence District. (Ord. 1973-56A, 3-28-74) 10-613-2: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10-14-6 of this Title: Any use permitted as a special use in the R-1 One-Family Residence District, except that planned developments may be considered where the zoning lot proposed for development has a gross area of not less than ten (10) acres. (Ord. 1973-56A, 3-28-74) 10-68-3: LOT AREA AND ALLOWABLE DENSITY: A. Lots with private wells and/or private sewage treatment facilities: 1. One acre with a width at the building line not less than one hundred twenty five feet (125'). Density shall not exceed one dwelling unit per each acre. (Ord. 1973-56A, 3-28-74; 1994 Code) City of Yorkville T" 10-6B-3 10-6B-4 2. This subsection shall apply within the one and one-half (11/2) mile planning limits of the City, only upon application and obtaining a special use from the City Plan Commission and approved by the City Council. The standards for approval of a special use permit shall be only upon: a. A showing by the petitioner that an undue hardship exists to establish a connection to the City water and/or sewer mains. b. That no sewer or water lines exist within two hundred fifty feet (250') of the proposed development of petitioner. c. That due to unique size, terrain or character of the petitioner's development, it is necessary to allow individual private wells and private sewage treatment facilities so as to facilitate the orderly growth of a particular development. d. That the City is unable to provide capacity in its water or sewer mains; or the petitioner is unable to secure sufficient capacity of the Yorkville-Bristol Sanitary District Plant for disposal of sewage. (Ord. 1988-2, 1-28-88) B. Lots served by both public sewerage and water facilities shall have an area of not less than twelve thousand (12,000) square feet and a width at the building line of not less than eighty feet (80'). Density shall not exceed three and three-tenths (3.3) dwelling units per each acre. C. All nonresidential principal uses of buildings as permitted in this Article shall be located on a tract of land having an area of not less than two (2) acres, except Municipal projects and developments. D. Lot size for special uses shall not be less than two (2) acres. (Ord. 1973-56A, 3-28-74; 1994 Code) 10-6B-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 thirty feet (30'). B. Side Yards: A side yard on each side of the zoning lot of not less than ten feet (10'), or ten percent (10%), whichever is greater, City of Yorkville 10-613-4 10-6B-6 except where a side yard adjoins a street, the minimum width shall be increased to thirty feet (30'). C. Rear Yard: A rear yard of not less than forty feet (40'). (Ord. 1973-56A, 3-28-74) 10-613-5: LOT COVERAGE: Not more than twenty percent (20%) of the area of a zoning lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) 10-613-6: MAXIMUM BUILDING HEIGHT: Same regulations shall apply as permitted or required in the R-1 One-Family Residence District. (Ord. 1973-56A, 3-28-74) City of Yorkville Exhibit"G" PLAT OF DEDICATION Hamman Parcel U.S. Route 34 and McHugh Road Yorkville,Illinois Plat of Dedication was recorded on July 19, 2000 with the Kendall County Recorder of Deeds as Document#0009655 (see F-F 7-89 for actual Plat of Dedication). Smith Engineering Consultants, Inc. Civil/Structural Engineers and Surveyors McHenry Yorkville Huntley Certificate of Correction State of Illinois ) ) S.S. County of McHenry ) This is to certify that the following omission occurred in the Plat of Dedication prepared under my direction of "Countryside Parkway and McHugh Road, Yorkville, Illinois" recorded July 19, 2000 as Document Number 009655, in Kendall County, Illinois, consisting of 2 sheets : Sheet 2 of 2, Surveyor's Certification, 15` line of Legal Description; after "Southeast Quarter of Section 21," the reference to "part of the Southwest Quarter of Section 22, part of the Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28," was omitted, and is hereby corrected as indicated. Dated at McHenry, McHenry County, Illinois ,, l., A.D., 2000 DA2 Donald G. Groesser, Illinois Professional Land Surveyor No. 3273 G. GRpe,1� o 3 PRO FESSLONAL ; LAND • SURVEYOR • STATE OF !LUNOIS �Gjs C 0= j`%`/VRh:�.:k [x1itbd 1'67 4500 Prime Parkway, McHenry, IL 60050 www.smithencineering.com oic 201Z 1"7'74 17.,.. Q1S_2Q1;_17R1 Exhibit"H" Page 1 of 2 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 5 84.10 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 ,long the North line, the North line of Countryside Center, Unit No. 2,Yorkville, Kendall County, Illinois, and aid 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 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. Page 2 of 2 "Conover Parcel" —ommencing at the Northeast corner of Countryside Center Subdivision,Unit No. One, thence 06'1 V23" 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. "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 'escribed course, measured clockwise therefrom, 825.40 feet; thence Northwesterly along a line forming an mangle 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 ,=er of the subject property, being a point on the centerline of said Kennedy Road; thence along said enterline 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. I AFTE50% HAMMAN R MENARDS SI �IDABACK LEGEND ® FOR ROAD IMPROVMENTS ( 1 ) NEURONE OADWWAAYY NUNN an > WATER i f I SAN 41 �- 25% OF SALES TAX STORM FROM MENARDS MENARDS B PROPERTY OUNDAR ---- 0 ° ------- -" 25% MENARDS SALES TAX ■I�Ir11 HAMMAN E Q RY% I 50% HAMMAN SALES TAX -�� e _ — -- 1050 ' I ---- ------ �` r !I 4 70 lie ,.� WATERMAlN 20 AC. FUTURE ' --` ARK AREA N H6101G1YS t,EM Mom �'urMn NT � AC. ' ROAD IMPROVEM N ( 1 ) PARK POT 1 POT .; AREA R D IMPROVEMENT (2) 6. 00 . ` 4 ®4 °CP --- f A Top of Slopeq " „ l 'R ER ( 4-m: 1 With Safety Ledge I '' Area Dedicated To The City For Utility . And Park Uses — 100' Strip (2% Max) M And Lake Slope (4: 1 Max) ___ `�, \ _ 7' _ 4 „i r } _ I 780 150. 00' `------`'-- `` 12 2089 L. _ Y �- �` COMMERCIAL 9� Nar sro ME CONNE pE PK EXISTING MAi . 1NT G WATERMAIN G ROA STORM IMPROVEMENTS (3) '------- —� °�� 2340 ' - 1 ROAD IMPROVEMENTS 1 1 2 ( 0 310 ' 790 ' I If NO i N1 I f I i ; , k L GREEN BACK LIT yo0V1LLE CROSS,,,, SHOPPING CENTER b IDENTIFICATI❑N ' %D ao ao MENARDS = 100 SQ, FT, RETAILER 8 SIGNS AT 30 SQ, FT, RETAILER EACH = 240 SQ, FT, RETAILER Ln ,. M RETAILER RETAILER RETAILER I cu M HAMMAN TENNANT N GRAY TEXTURED METAL CABINET HAMMAN TENNANT HAMMAN TENNANT WIDE RACKED FINISH o PRECAST CONCRETE PANELS iO 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' Tx IUA SMITH ENGINEERING CONSULTANTS9 ENGINEERS SURVEYORS PLANNERS 4500 PRIME PARKWAY� SUITE 201 McHENRY, ILLINOIS 60050 T 0 /= X14 T/ ON 815-385-1778 FAX: 815-385-1781 of the Southwest Quarter of Section 22 , part - COMP. FILE. 229-ANNEX st Quarter of Section 21 , part PLOT FILE. Part of the Southea I Northeast Quarter o ' Section 28 , VIEW Quarz; er of Section 27 and part o the of the Northwest 7 East of the Third Principal Meridiant in Kendall County, Illinois . Township 37 North, Range 56* 76 130701 "22 lk� JJ69* JJ doe IN I kr ,ff If "If C/ Tr 0 YO Zl< VIL L E Q) If W 9 q If, N3 Q) 10 A 3 If I� V 7, kig � �'Il - - 2 `Wlk Nm-i,"" �k �g.W9. 'I NZ I", kL 00, kwo 03 EASTERLY LINE OF DEED 825. 4 DOC. NO. 9812604 1%lky�ft---,'I f 'fI -fl .......... 4 �k Ilk kldk -kI�fill 91 666 1 6666 RA If N) Ilk, I % N) r;',I�59 5'", 9 31,1r, --kn� V IfY r" 0 9,11 V\�\O � A1 -"pi. flf-I 932J "07 f 99999 Jig JJ4z* 00 16780 I, Ilk 6 fkI Ilk M�w.-gm g- R04 ,9 kkkkkk kkkkkffk� 0 F4 61L P" 1 61 '66D 9J2JI07 CERTIFICATION JJ2, 001 STATE OF ILLINOIS ) SS 010`% A TION MA COUNTY OF MCHENRY) L P 1 , Donald G. Groesser, Illinois Professional Land Surveyor Number 3273, do hereby certify that the Plat of ROAD direction from previously completed surveys KENNE Annexation of the Property hereon drawn was completed under my Ilk 116 De and official maps, plats and other documents of record . f,9qq..kkz-9 f 9- Po * t of commencement In 22, part of the That part of the Southeast Quarter of Section 21 , part of the Southwest Quarter of Section Northwest Quarter of Section 27 and part of the Northeast Quarter of Section 28, Township 37 North , Range ws: Commencing at an existing iron pipe stake said 7 East of the Third Principal Meridian described as folio ego Road 00< to be over the original location of a stone in the center line of the Original Bristol and Osw 1 ' West, 11 . 02 chains from the Southeast GRAPHIC SCALE previously described as being 23. 05 chains West and thence 35' 30 corner of said Section 22; thence northerly along a line forming an angle of 93* 23' 07" with the center line N of U . S. Route 34, measured from the Northeast to the Northwest, this line hereinafter referred to as line " A" . 200 0 100 200 400 goo said line " A" , L.Ij 30. 05 feet to the northerly right- of- way line of said Route 34; thence northwesterly along 1 798. 60 feet; thence southwesterly, parallel with said center line, 332. 0 feet for a point of beginning; thence C) a said line " A" ; thence northwesterly along said line IN FEET northeasterly along the last described course, 332. 0 feet t westerly of said center line; NO$ " A1% 1225. 95 feet to a point measured along said line " A", 2054. 60 feet north M - I I inch 200 ft. It thence southwesterly along a line forming on 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 lost described course, measured clockwise therefrom , 508* 20 feet; thence southwesterly along a line red clockwise therefrom , 3369. 33 feet; forming an angle of 91 ' 07' 35" with the last described coursep measu 130" 01 $ 22" with the lost described course, measured thence northwesterly along a line forming an angle of 90" 21 $ 26" with hence southerly along a line forming an angle of )0'00Q1< VIL L E counter- clockwise therefrom , 56. 76 feet; It CIT )Ooe the last described course$ measured clockwise therefroms 1362. 93 feet to the Northwest corner of a tract ila Marawaha by a Warranty Deed recorded June 17, 1994 as Document conveyed to Vijay K. and Prom =/ A T kOIF ANNEXA TON 9406488; thence easterly alon ht angles to the last described course, [- L� wwrwr� g the North line of said tract at rig 731 . 78 feet to the northerly right- of- way of 349. 64 feet; thence southerly along the E )QIOL/ 34 said Route 34; thence easterly along said northerly rig ast line of said tract, ht- of- way line, 162. 55 feet; thence easterly along said northerly right- of- way line being along a tangential curve to the left having a radius of 1402. 39 feet, an arc ortherly right- of- way line being tangent to the lost distance of 976. 52 feet; thence northeasterly along said n h said line " A" , MA described curve at the last described point, 4268, 99 feet to a line drawn parallel wit V3* southeasterly from the point of beginning; thence northwesterly along said parallel line, 798. 60 feet to the REVISIONS DWN BY* INT* DATE: PROJECT NO* ute 34 lying southerly of and adjacent to the property 5- 15- 00 000229- 4 point of beginning; together with that part of U . S. Ro A4RJ hereon described, In Bristol Township, Kendall Countlyt Illinois, contain rig a total of 257. 68 acres of land, more PROFEMONAL, (NO SCALE) 2* DSN BY. INT. HORIZ SCALE* SHEET NOk. LAND or less. N y M Henry, Mc enr County Illinois AoDa 2000 0 SUP E OR DGG 11' 2000 OF 1 4, VERT SCALE* T Dated at STA E OF CHK BY* ILLINOIS DGG r N o. 3273 Illinois Professional Land Surveyo tp • Is I I SMITH ENGINEERING CONSULTANTS , INC * PLAT OF ENGINEERS SURVEYORS PLANNERS DEDICATION 4500 PRIIME PARKWAY SUITE 201 McHENRY, ILLINOIS 80050 815-385-1778 FAX- 815-385-1781 FOR ROADWAY P COMP. FILE: 000266-DED PLOT FILE: VIEW.* 90 °14 '00 " (D) I LO t ' o J ��g . t N 910071J5 " v �oQ 93°23 '07" (D) ft I a' 87 007'00 " (D) o� ^ 1 t � J 0 �• i t cn ,o I O � i 1 CENTERLINE OF ILLINOIS N i ROUTE 34 4 I t 53 007129 " (D) P. 0. co ``' t 4 t I 1 t t t N49149101 8PE i 6� �p �6 SOUTHEASTERLY LINE OF DEED 100° 04' t �'\� 'S DOC. N0. 866681 N80 `14 �`l8 "LV - t - S0376'56"E 57. 05 ' 122993' 180 °14 X48 "I�/ 90 , Y t_ N0376 '56 "W � n -�� . N 62986 ail M ! (w J • 0• 80 Issas Is (o''- y % T1 G�Ci == o a " : O >'1070'19 "E oP n r nrM 0 110° 63' c3 k ti N I C22 x C27 - - 80. 00 � S85'5600 E _ _ ' ---_. - - 412. 41 S85'56 '00"E ref' {i 1, t7r .rf Fl ; f d �r ♦r ry ti.. , .f r, < _ xlY rY1 ,i'. t � 338. 21 ' Ott !1 } nN ., Fl .'i h G 4 S{( f 1, 3 :tl l <'i( nli 1 t - � - �h ! , ! �i trt �j~ff✓ .< r -5 411 L1 f ) t f1 kT�' II s{J 11l ' trc)f{ y rfL ).tifi {iS� w 1 Lit-�� � - 1� Q L "j,2�' T;Sf+ J. S. y. 3 iii 7• t{,l 7 {l 1 + ry i t y J r ` '- •�i _'2's �, }'. s7r r ;} ,Xr 4 a ..lei ;lG (r at '1'' , +° } i } r �� 5/DE f h " -t -• 4.'!{ ' ' �,> "!"4 h. ♦ ✓:' _r. 'la.;M1; t h�„! i a fr '1'.i <fr 1 of + tyfj , :: tt to 'r „ , i / /. EASTERLY LINE OF DEED - 424. 17 „ ' N85�6 '00"W� e\ DOC. NO. 9812604 - ` Fsj, ` � {7 rA �i irtr �� � Sf � ( C� 6'0• C40 q "►� , r ,` O ' 33 ' -; L ` '',' �ty`O ' . " ` _ ;` ?'9ttSOO 'NORTHWESTERLY RIGHT OF- WAY / 1�NQ , O "� ,` ; t �D7C, X9' c • . 0 , y � , ! � � ,{r ( = �4T "r`;` O' ROUTE 34 PER DEED DOC. NO. 82- 725 p N r �Na co C30 1? Fl} 1 ' r ?a •y ` Y / �O� Jy E' ) r ) f i4rt { `�t ✓ ^ 1 STa' � • u \ A ( : c Ire 3000 \t. / IF Of 4ti ` ` tl yr)ar y{ � iI �m S34047 13 11 7' / ' r / )4tl l.i tLly� pp '�4RL �G,fi ). 1° 3 J n NN 100 00 / / ffAA fMew h / / W t•Q �r;W W `•� f '' ' 1M rF,, rte/ r// ' 3Safi Y cCl ' • ' 1, ;< .�: r „ C28 / '^./ TrIT TQrf r1: r4 G , l 4.t r1N. 1 / n`~`•- h 134 .47'13"W iij, s. r . rn 1:r. C29 ' to Its x;y S557247 W :: ; ,ti=r� 80 0 160. 00 t•4lt r r / 111. 4 °3732 »W a_ � 5816220 N Sr_;rtfi k r i CO ° N ., F. A. P. ROUTE 591 (Ut S. 34)F. A. P. / Fe Ior Cb • f § ' / j�.� N PER RIGHT- OF- WAY PLANS `o 1`4411 O N JOB NO. R - 93- 010- 91 r «F� 0 Ore O o _ Vh It f / T. I De c. No. 75- 5644 ai � P arcel No. 02 -25 -28 1 - 001 _ if C34 r - - - - - ---- - C36 - - r-- ` PROPOSED CENTERLINE OF , McHUGH ROAD N f s_ a_ c_ NOTES s 1 . ANNOTATION ABBREVIATIONS - P . O . B • = POINT OF BEGINNING * � P . O . C • = POINT OF COMMENCEMENT CENTERLINE CURVE DATA 2, ALL BEARINGS AND DISTANCES ARE BASED ON A LOCAL CHORD 0009655 07 / 19 / 2000 03 : 031? 20 of 24 COORDINATE SYSTEM . CURVE # DELTA RADIUS LENGTH CHORD BEARING TANGENT Paul Anderson , Kendall County , IL Recorder 22 90000 #00 25. 00 ' 39. 27 35. 36 ' N49 °04 '00 "E 2500 ' 3. THE EXISTING RIGHTS - OF- WAY SHOWN HEREIN ARE AS 23 19 06 19 460. 00 153. 39 152. 68 105 29 09 W 77. 41 MONUMENTED AND OCCUPIED AND MAYBE MORE ACCURATELY 24 11 °4522 " 540. 00 ' 110. 80 ' 110. 61 109 °09 '38 " W 55. 59 ' .-----, DEFINED BY SUPPORTING DOCUMENTATION RELATIVE TO THE 25 11 °4522 " 460= 00 ' 94. 38 ' 94. 22 ' S09 °09 '38 "E 47. 36 ' SUBJECT PROPERTY, WHICH WAS NOT SUPPLIED AT THE TIME 26 19 .06119 " 540600 ' 180. 06 ' 179. 23 ' S05 °29 '09 "E 90. 88 ' OF SURVEY, 1 27 90 '00 '00 25. 00 ' 39. 27' 35. 36 ' 540 °56 '00 "E 2500 ' 40 ALL RIGHTS- OF- WAY DEDICATED HEREON ARE HEREBY 28 90 '00 '00 " 2500 ' 39. 27' 35. 36 ' S79 047'13 "E 2500 ' DEDICATED TO THE CITY OF YORKVILLE FOR PUBLIC STREET 29 90 °00 '00 " 25. 00 ' 39. 27' 35. 36 ' N10 °12147"E 25. 00 ' PURPOSES . 30 90 °00 '00 " 25. 00 ' 39. 27' 35. 36 ' S49 °04000 " W 25. 00 ' PLA T OF DEDICA TION NOTE: Only those Building Line Restrictions or Easements shown 31 10 °56 '39 " 460. 00 ' 87. 86 ' 87. 73 ' SO °24 '19 "E 44. 07 COUNT�PYSIDE PA PKWA Y AND on a Recorded Subdivision Plat are shown hereon unless the 32 17'02158 " 1040. 00 ' 309. 47' 308. 33 ' SO 638151 " W 155. 89 ' description ordered to be surveyed contains a proper description 33 14 °17'58 " 460. 00 ' 114. 80 ' 114. 51 ' S03 °01 '21 " W 57. 70 ' MCI-IUC��I �O� D of the required building lines or easements. 34 92 °32 '49 25. 00 40. 38 ' 36. 13 ' S50 °24 '03"E 26. 14 ' YO2< VILLE, ILLINOIS * No distance should be assumed by scaling. * No underground improvements have been located unless shown 35 05 024135 " 1402. 39 ' 132. 41 ' 132. 36 ' S86 001050 1yW 66. 25 ' and noted. 36 92 °51 '46 " 25. 00 40. 52 ' 36. 23 ' N42 °18 '15 1;E 26. 28 ' * No representation as to ownership , use, or possession should be 37 14 '17'58 " 540. 00 ' 134. 77' 134. 42 ' NO3 °01 '21 "E 67. 74 ' hereon implied. REVISIONS DWN BY: INT: DATE: PROJECT N0. * This Survey and Plat of Survey are void without original embossed 38 17°02 '58 960. 00 ' 285. 66 ' 284. 61 ' NO °38 '51 "E 143. 90 ' 1. dgg 05124100 DGGIMRJ 04126100 000266- 4 or red colored seal and signature affixed. 39 10 °56 '39 540. 00 ' 103. 15 ' 102. 99 N01 °24 ' 19 "W 51. 73 ' 29 dgg 06112100 DSN BY: INT: HORIZ SCALE: SHEET NO.IssIsss 40 90 '00 '00 " 25. 00 ' 39. 27 35. 36 ' 140 °56 '00 " W 25. 00 ' 3. DGG 1 "=200 ' Er, Compare your description and site markings with this plat and 1 Ot 2 AT ONCE report any discrepancies which you may find. 4. CHK BY: INT: 1/ERT SCALE: Sol DGG I PLAT OF DEDICATION SMITH ENGINEERING CONSULTANTS , INC . ENGINEERS SURVEYORS PLANNERS 4500 PRIME PARKWAY, SUI'T'E 201 1 r, McHENRY, ILLINOIS 80050 815-385-1778 FAX: 815-385-1781 FOR ROADWAY PURPOSES COMP. FILE.• 000266-QED PLOT FILE.• VIEW.' I I I OWNER 'S CERT/F/CA TE STATE OF ILLINOIS )SS COUNTY OF KENDALL ) / KENDALL COUNTY CLERK 'S CERTIFICATE This is to certify that is the owner of the � � ''�� ``_ STATE OF ILLINOIS ) � _ __ property hereon described and has caused said proper_ ty_ to be platted for the )S. S. COUNTY OF KENDALL uses and purposes herein set forth. ) Dated is day of .A. D. , 2000 This is to certify that l, _�aw?�� County y Clerk, in and for the County and State aforesaid, find no redeemable tax sales, no unpaid forfeiture taxes, no delinquent general taxes, and no Bar unpaid current general taxes against any of the real estate described in the foregoing surveyor 's certificate. bC Dated at Yorkville, Illinois this ' _ day of __ --------, 2000. NOTARY PUBLIC CERTIFICATE Ken all County Clerk STATE OF ILLINOIS ) �' COON Y OF _ --- SS ----- - a notary public i and f r he County and State a oresaid, do he eby certify that � � •4 _ �� ,personally known to me be the some person (s) whose names are subscribed to the foregoing instrument appeared before me this day in person and acknowledged that they signed, sealed and delivered the foregoing instrument as their free and voluntary act for uses and purposes there in set forth. Given u #er my ha and notarial seal at Illinois this //?7 day of 2000. NOTARY PUBLIC PLAN COMMISSION CERTIFICATE 'OFFICIAL SEAL" STATE OF ILLINOIS NOTARY PUBLIC OF U N01g )SS MY COMMISSION EXPIRES 8+2ppp COUNTY OF KENDALL ) Approved by the Plan Commission of the U City of Yorkville, Kendall County, Illinois this ��ay of -- - 20004 � Chairman CERTIFICATION STATE OF ILLINOIS ) ) SS COUNTY I , Donald G. Groesser, Illinois Professional Land Surveyor Number 3273, do hereby certify that the Plat of Dedication hereon drawn was prepared using previous survey information and maps, plats and other instruments of record for the uses and purposes herein set forth , of the following described property : That part of the Southeast Quarter of Section 21 , Township 37 North , Rrange 7 East of the Third Principal CITY ADMINISTRATOR CERTIFICATE 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 STATE OF ILLINOIS chains West and North 35 ° 30' West 11 . 02 chains from the Southeast corner of said Section 22; thence )SS Northwesterly along a line forming an angle of 93° 23 ' 07" with the center line of U . S. Route No. 34, COUNTY OF KENDALL ) 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 ( 90° 14' 009 Approved by the City dm ' istrato� City of Yorkville, Kendall counter- clockwise ) therefrom , 508. 20 feet, thence Southwesterly along a line which forms an angle of 91 ° 07' County, Illinois this 1 y of �? -___, 2000. 35" with the last described course, measured clockwise therefrom , 2657. 62 feet to the southeast corner of a G parcel of land conveyed to Earl D . Kirk and Delores Kirk according to the deed thereof recorded December 17, 1986 as document number 866681 , thence along the southeasterly and southerly lines of said parcel of land ____ ______ the following two courses, South 49 degrees 49 minutes 01 seconds West ( assumed ) , a distance of 711 . 68 City Admin ator feet ; thence North 80 degrees 14 minutes 48 seconds West, a distance of 57. 05 feet to an easterly corner of a parcel of land granted to Robert G. Fisher according to the deed thereof recorded September 14, 1998 as document number 9812604; thence along the easterly line of said parcel South 10 degrees 10 minutes 19 seconds West, a distance of 438. 38 feet to the point of beginning ; thence South 85 degrees 56 minutes 00 seconds East, a distance of 412. 41 feet ; thence 39. 27 feet along a curve to the left, having a radius of / 25. 00 feet, the chord of which bears North 49 degrees 04 minutes 00 seconds East a distance of 35. 36 feet, thence 153 . 39 feet along a curve to the left, having a radius 460. 00 feet, the chord of which bears North 05 degrees 29 minutes 09 seconds West a distance of 152. 68 feet; thence North 15 degrees 02 minutes 19 seconds West, a distance of 231 . 13 feet; 110. 80 feet along a curve to the right, having a radius of 540. 00 feet, the chord of which bears North 09 degrees 09 minutes 38 seconds West a distance of 110. 61 feet; thence North 03 degrees 16 minutes 56 seconds West, a distance of 62. 86 feet to the aforesaid southeasterly line of of a parcel of land conveyed to Earl D . Kirk and Delores Kirk; thence along sold southeasterly line North 49 degrees 49 minutes 01 seconds East, a distance of 100. 04 feet, thence South 03 degrees 16 minutes 56 seconds East, a distance of 122. 93 feet; 94. 38 feet along a curve to the left, having a radius of 460 . 00 feet, the chord of which bears South 09 degrees 09 minutes 38 seconds East a distance of 94. 22 feet; thence South 15 degrees 02 minutes 19 seconds East, a distance of 231 . 13 feet; thence 180. 06 feet along a curve to the right, having a radius of 540. 00 feet, the chord of which bears South 05 KENDALL COUNTY RECORDER 'S CERTIFICATE degrees 29 minutes 09 seconds East a distance of 179 . 23 feet; thence 39. 27 feet along a curve to the left, having a radius of 25. 00 feet, the chord of which bears South 40 degrees 56 minutes 00 seconds East a distance of 35. 36 feet ; thence South 85 degrees 56 minutes 00 seconds East, a distance of 338. 21 feet; STATE OF ILLINOIS thence 1339 . 01 feet along a curve to the right, having a radius of 1500. 00 feet, the chord of which bears )SS South 60 degrees 21 minutes 36 seconds East, a distance of 1294. 99 feet; thence South 34 degrees 47 COUNTY OF KENDALL ) minutes 13 seconds East, a distance of 111 . 37 feet; thence 39. 27 feet along a curve to the left, having a radius of 25 . 00 feet, the chord of which bears South 79 degrees 47 minutes 13 seconds East a distance of 35. 36 feet to the Northwesterly right - of- way line of U . S. Route 34, according to deed document recorded This Instrument No. © , March 1 , 1982 as document 82- 725, thence along said Northwesterly right- of- way line South 55 degrees 12 was filed for record in the -QQ_ _ Reorders Office of Kendall County, Illinois, o the _1_g_ day of minutes 47 seconds West, a distance of 160. 00 feet ; thence 39 . 27 feet along a curve to the left, having a - radius of 25 . 00 feet, the chord of which bears North 10 degrees 12 minutes 47 seconds East a distance of __, 2000 la a3•S_3_ 0 'Clock _ . M. and was recorded in 35. 36 feet, thence North 34 degrees 47 minutes 13 seconds West, a distance of 111 . 37 feet, thence 1240. 82 Cabinet ______ of Plats at Slot feet along a curve to the left, having a radius of 1390. 00 feet, the chord of which bears North 60 degrees 21 minutes 36 seconds West a distance of 1200. 03 feet; thence North 85 degrees 56 minutes 00 seconds West, a distance of 338 . 21 feet ; thence 39 . 27 feet along a curve to the left, having a radius of 25. 00 feet, ____________ ------------------ the chord of which bears South 49 degrees 04 minutes 00 seconds West a distance of 35. 36 feet, thence Kendall County Recorder South 04 degrees 04 minutes 00 seconds West, a distance of 226 . 43 feet; thence 87 . 86 feet along a curve to the left, having a radius of 460. 00 feet, the chord of which bears South 01 degrees 24 minutes 19 seconds East a distance of 87. 73 feet; thence South 06 degrees 52 minutes 38 seconds East, a distance of 250. 39 feet; thence 309 . 47 feet along a curve to the right, having a radius of 1040. 00 feet , the chord of which bears South 01 degrees 38 minutes 51 seconds West a distance of 308. 33 feet; thence South 10 degrees 10 minutes 20 seconds West, a distance of 300. 40 feet; thence 114. 80 feet along a curve to the left, having a radius of 460. 00 feet, the chord of which bears South 03 degrees 01 minutes 21 seconds West a distance of 114. 51 feet; thence South 04 degrees 07 minutes 38 seconds East, a distance of 238. 33 feet; thence 40. 38 feet along a curve to the left, having a radius of 25 . 00 feet , the chord of which bears South 50 degrees 24 minutes 03 seconds East a distance of 36 . 13 feet to the aforesaid Northwesterly right - of- way line of U . S. Route 34; thence along said right- of- way line 132. 41 feet along a curve to the right, having a radius of 1402. 39 feet, the chord of which bears South 86 degrees 01 minutes 50 seconds West a distance of 132. 36 feet; thence 40. 52 feet along a curve to the left, having a radius of 25. 00 feet, the chord of which bears North 42 degrees 18 minutes 15 seconds East a distance of 36 . 23 feet; thence North 04 degrees 07 minutes 38 seconds West, 237. 97 feet, thence 134. 77 feet along a curve to the right, 0009655 07 / 19 / 2000 O3 : 03P 21 of 24 having a radius of 540 . 00 feet , the chord of which bears North 03 degrees 01 minutes 21 seconds East a Paul Anderson , Kendall County , IL Recorder distance of 134. 42 feet; thence North 10 degrees 10 minutes 20 seconds East, a distance of 300. 40 feet; thence 285 . 66 feet along a curve to the left, having a radius of 960. 00 feet, the chord of which bears North 01 degrees 38 minutes 51 seconds East a distance of 284. 61 feet; thence North 06 degrees 52 minutes 38 seconds West, a distance of 250. 39 feet; thence 103. 15 feet along a curve to the right, having a radius of 540. 00 feet, the chord of which bears North 01 degrees 24 minutes 19 seconds West a distance of 102. 99 feet; thence North 04 degrees 04 minutes 00 seconds East, a distance of 226 . 43 feet; thence 39 . 27 feet along a curve to the left, having a radius of 25. 00 feet, the chord of which bears North 40 degrees 56 minutes 00 seconds West a distance of 35. 36 feet, thence North 85 degrees 56 minutes 00 seconds West, a distance of 424. 17 feet to the aforesaid easterly line of a parcel of land granted to Robert G. Fisher; thence along said easterly line North 10 degrees 10 minutes 19 seconds East, a distance of 110. 63 feet to the point of beginning , in Bristol Township, Kendall County, Illinois, containing 10. 01 acres of land , more or less. PLA T OF DEDICA TION Dated at McHenry, McHenry County Illinois TZte. 13 . A. D. 2000 COUNT2YSIDE PA2KWA Y AND MCI-IUGP k:;'0AD Illinois Professions! Land Surveyor No. 3273 _s_ �,o� q0 �Ma YO2KVILLE, ILLINOIS ff '4 PROFESSIONAL 1�7X 0 REVISIONS DWN BY: INT: DATE. PROJECT N0. • = SURVEYOR TATS OF ® . 10 dgg o5/24/0o DGG/MR✓ 04126100 000266- 4 ��' � STATE : S ;� r �y� ye • 3 \ s 2v dgg o6/12/oo DSN BY: INT: HORIZ SCALE: SHEET NO. lit RY:.:;'����' 3 DGG 7 "=200' OF 2 4. CHK BY. INT. VERT SCALE, 5. DGG -