Ordinance 1999-30 STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 1999 -_
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF
RICHARD MARKER ASSOCIATES, INC., DEVELOPER
AND OWNERS OF RECORD
(HEARTLAND SUBDIVISION)
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Annexation and Planned Unit Development Agreement pertaining to
the annexation and development of the real estate described on Exhibit"A"attached hereto and made
a part hereof entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS. said Annexation and Planned Unit Development Agreement has been drafted
and has been considered by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready,willing and able to enter into said Agreement and to perform the obligations
as required hereunder; and
WHEREAS,the statutory procedures provided in 65 ILCS 5111-15.1-1,as amended, for the
execution of said Annexation and Planned Unit Development Agreement have been fully complied
with; and
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WHEREAS,the real property is contiguous to the UNITED CITY OF YORKVILLE and is
not located within the corporate boundaries of any other municipality.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section l: That the Mayor and City Clerk are herewith authorized and directed to
execute.on behalf of the City,an Annexation and Planned Unit Development Agreement concerning
the annexation and development of the real estate described therein,a copy of which Annexation and
Planned Development Agreement is attached hereto and made a part hereof.
Section 2: That this Ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
PASSED at a regular meeting of the City Council of the UNITED CITY OF YORKVILLE
on the day of ��o�. ,__ , 1999.
SIGNED and APPROVED by me, as Mayor, this,ct day of 1999.
ATTES .
CITY CLERK
(SEAL)
Prepared by:
Law Offices of Daniel J. Kramer
MAYOR 1107A S. Bridge St.
Yorkville, Illinois 60560
630.553.9500
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Revised December 16, 1999 (3rd)
STATE OF ILLINOIS )
COUNTY OF KENDALL )
ANNEXATION AND PLANNED UNIT DEVELOPMENT
AGREEMENT BETWEEN THE UNITED CITY OF YORKVILLE
AND RICHARD MARKER ASSOCIATES, INC., DEVELOPER
AND OWNERS OF RECORD
(HEARTLAND SUBDIVISION)
NOW COMES, DEVELOPER, RICHARD MARKER ASSOCIATES, INC., an Illinois
Corporation, and WILLIAM G. WACKERLIN, CLIFFORD WACKERLIN, PATRICIA
WACKERLIN, GLEN SCHOMER, JEFFREY C. SCHOBERT, and MARY SCHOBERT all as
OWNERS of record of certain real property described in the attached Exhibit"A",and the UNITED
CITY OF YORKVILLE, an Illinois Municipal Corporation,who hereby enter into this Annexation
and Planned Unit Development Agreement to supplement and in addition to the Petition for Zoning
and Annexation and drawings submitted therewith, including the approved Preliminary Plat of
Subdivision and proposed Final Plats of Subdivision to be approved by the City Council of the
United City of Yorkville upon the following terms and conditions and in consideration of the various
agreements made between the parties they agree as follows:
1. WHEREAS, each party agrees that it is in the best interests of the OWNERS and
DEVELOPER and the CITY to annex and develop the subject real property
described in the attached Exhibit "A" as a Planned Unit Development establishing
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a unique open space character and to provide for the orderly flow of traffic in the
development and to adjoining real property; and
2. WHEREAS,each party agrees that it is in the best interest of the local governmental
bodies affected and the DEVELOPER and OWNERS to provide for specific
performance standards in the development of the subject property; and
3. WHEREAS, each party agrees that a substantial impact will be had on the services
of the United City of Yorkville and the Yorkville School District by development of
said real property; and
4. WHEREAS,the DEVELOPER has agreed to perform certain requirements made by
the United City of Yorkville.
5. WHEREAS, the subject real property is located contiguous to the corporate
boundaries of the CITY; and
6. WHEREAS, OWNERS desire to annex the said real property described in the
attached Exhibit"A"into the CITY,its Plan Commission has considered the Petition,
and the City Council has heretofore both requested and approved the proposed land
use and the zoning of the same at the request of OWNERS/DEVELOPER and the
CITY; and
7. WHEREAS, all parties to this Agreement desire to set forth certain terms and
conditions upon which the land heretofore described will be annexed to the CITY in
an orderly manner; and
8. WHEREAS, OWNERS and its representatives have discussed the proposed
annexation and have had public meetings with the Plan Commission and the City
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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, as follows:
A. The subject property described in the attached Exhibit "A" shall be annexed to the
United City of Yorkville and zoned in conformance with each unit or zoning set forth
in the approved Preliminary Plat of Subdivision, a copy of which is attached as
Exhibit `B" and made a part hereof, providing for R-2 One-Family Residential
District and B-3 Service Business District, and shall be developed in general
conformance with the approved Preliminary Plat of Subdivision attached hereto as
Exhibit `B" and incorporated herein by reference; the legal description for the R-2
One-Family Residential District being attached hereto and incorporated herein as
Exhibit "C", and the legal description for the B-3 Service Business District being
attached hereto and incorporated herein as Exhibit"D". The subdivision shall further
be developed and improved according to the Preliminary Landscape Plan, a copy of
which is attached hereto and incorporated herein as Exhibit "F".
B. That single-family areas of the development shall be governed by the following
performance standards which shall when in conflict with the City Subdivision
Control Ordinance shall take precedence:
1. Lot sizes shall be a minimum of 10,000 square feet with lot sizes generally
following the lot sizes set out and calculated on the approved Preliminary
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Plat as set out in the attached Exhibit `B".
2. Front and side yard setbacks shall be in conformance with the standards set
forth in the City Zoning and Subdivision Control Ordinance currently in
effect at the date of execution of this Agreement by the CITY.
3. Rear yard setbacks shall be in conformance with the standards set forth in the
City Zoning and Subdivision Control Ordinance currently in effect at the date
of execution of this Agreement by the CITY unless otherwise modified by
this Agreement or the approved Preliminary Plat.
4. DEVELOPER shall with respect to the following described lots be permitted
the specific setbacks described as follows:
a. Rear yard setbacks for lots 84 through 186 and lots 33 through 44
will be 30 feet (30').
b. Lot widths for lots 84 through 186 and lots 33 through 44 will be 75
feet (75').
C. Side yard setbacks for side yards fronting on a street will be 25 feet
(25').
d. Lot coverage on lots 84 through 186 and lots 33 through 44 will be
thirty percent (30%).
e. Lot coverage on lots 1 through 83 (except lots 33 through 44)will be
twenty-five percent (25%).
5. a. DEVELOPER shall be permitted to have street radius dimensions of
75' on the curves as shown in the approved Preliminary Plat
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incorporated into this Agreement as Exhibit`B". At the location of
each of said 75' radius, the CITY shall require "no parking zones"
when the streets are installed.
b. DEVELOPER shall be permitted a variance from the CITY
requirement to hook-up sump pump discharges to the CITY storm
sewer system. DEVELOPER shall provide drains or overland lot
grading to open space or rear and side yard swales as set out and are
approved in the final engineering plans for said development.
C. If no ground water is encountered on five test holes reviewed by the
CITY no diversion to drainage swales shall be required. If ground
water is encountered it will be diverted by sump pump discharge to
rear yard and open space areas as set out in paragraph"b" above.
C. That the portion of the development zoned B-3 Service Business District shall be
governed by the following performance standards which shall when in conflict with
the City Subdivision Control Ordinance shall take precedence:
1. The required minimum front yard shall be thirty feet(30').
2. Setbacks for parking and internal roadways shall be as shown on the
approved Preliminary Plat attached hereto as Exhibit `B".
D. That the DEVELOPER shall pay cash contributions to the Yorkville Community
School District#115 in lieu of land contributions for schools in conformance with
the City of Yorkville Land/Cash Ordinance in effect at the date of Final Plat approval
as to each respective phase or unit of the R-2 Single Family District portions of the
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development attached hereto and incorporated herein as Exhibit`B"is a letter from
the Yorkville School District acting to reserve cash in lieu of land contribution. For
all residential phases of said subdivision, payment of these contributions shall be
made per individual residential dwelling unit concurrent with and prior to the
issuance of the subject single-family building permit.
E. That the DEVELOPER shall pay Fifty Thousand Dollars ($50,000.00) cash
contribution and complete the following on-site improvements to the development
in lieu of land contributions for parks in conformance with the United City of
Yorkville Land/Cash Ordinance in effect at the date of Preliminary Plat approval:
1. The DEVELOPER shall provide 11.065 acres ofpermanent open space as per
the approved Preliminary Plat.
2. The DEVELOPER shall install an 8 foot(8')wide continuous asphalt paved
trail system, substantially as indicated on the approved Preliminary
Landscape Plan. In the event the DEVELOPER or his successors, heirs, or
assigns requests the United City of Yorkville to accept a dedication of the
trail system at any time in the future, the CITY shall not be under a duty to
do so unless the trail system conforms to the then applicable City standards.
3. DEVELOPER shall be given a credit for all trail systems and green areas
accessible to the public as provided for in this Agreement; ownership of
which shall remain with the Homeowners'Association. DEVELOPER shall
be given a credit off of the Land-Cash Contribution for park purposes for said
dedication as calculated under the CITY Ordinances now in affect, further
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giving credit for the cash donation provided for under paragraph E9 hereof
by DEVELOPER,and further giving a credit to DEVELOPER for the money
being contribution for Tot-Lot constructed under paragraph E4 hereof.
4. The CITY shall install a public Tot-Lot adjacent to the public trail system.
An easement for maintenance purposes shall be granted by
OWNER/DEVELOPER to the CITY on the Final Plat for access to the Tot-
Lot. The cost of the Tot-Lot shall not exceed Forty Thousand Dollars
($40,000.00) at DEVELOPER's expense, the design and installation while
being made by the CITY through its Park Board shall be approved in
conjunction with DEVELOPER. The final planning, design, and
construction for the trail system and Tot-Lot shall be a joint effort of the
DEVELOPER, the Park Board and the City Staff. Homeowners in said
development shall be permitted to have flower gardens, vegetable gardens
and the like in designated areas of the open space as allocated by the
Homeowners' Association.
S. The DEVELOPER shall grant to the United City of Yorkville a permanent
public pedestrian access easement to all green areas,trail system, and to the
Tot-Lot.
6. The DEVELOPER/Homeowner's Association shall maintain the trail system.
7. The United City of Yorkville shall maintain the Tot-Lot through the CITY
Recreation Department.
8. The Tot-Lot shall be included in the United City of Yorkville Parks liability
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insurance coverage. The trail system shall be maintained for liability
insurance coverage by the Homeowners' Association.
9. The Fifty Thousand Dollars($50,000.00)cash donation shall be paid in One
Thousand Dollar ($1,000.00) payments concurrent with and prior to the
issuance of each of the first fifty (50) building permits issued for this
development. Completion of the term and conditions of paragraph "E" of
this Agreement shall constitute complete and total compliance with the
United City of Yorkville Land/Cash Ordinances as it pertains to Parks. When
the DEVELOPER provides their own open space for recreation areas and
facilities,it has the effect of reducing the demand for local public recreational
services.
F. In order to facilitate said maintenance DEVELOPER shall form an Illinois Not-For-
Profit Corporation and provide an initial estimated budget,by-laws and assessment
terms creating a mechanism for said open space improvements maintenance prior to
or simultaneous with the first Final Plat of Subdivision being approved by the City
Council.
In order to provide for the maintenance of open space and trail areas,but not as to the
maintenance of any swimming pool or clubhouse, OWNERS/DEVELOPER agree
to execute a consent to the creation of a Special Tax Service Area and have approved
Ordinance encumbering all residential units of said subdivision, in the event the
homeowners association for Heartland Subdivision fails to carry out its maintenance
responsibilities.
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That the development of said property shall be subject to approval of all Ordinances
of the CITY; Preliminary Plat of Subdivision, engineering consultant approval by
CITY staff or outside review engineering as elected by the CITY and Final Plat
approval by the City Council in conformance with the City of Yorkville Zoning
Ordinance Subdivision Control Ordinance,City Reimbursement of Consultants and
of Review Fees Ordinances, City Land-Cash Ordinance,City School Transition Fee
Ordinance, and City Development Fee Ordinance, which have been voluntarily
contracted to between the parties and agreed to by DEVELOPER as a condition of
approval of the Planned Unit Development Agreement. DEVELOPER,except to the
extent varied by this Agreement, the Preliminary Plat and Final Plat of each unit of
the subdivision, shall comply with all requirements as set out in the United City of
Yorkville Zoning Ordinance and Subdivision Control Ordinance at the time
commencement of construction is initiated. No change in the City of Yorkville
Zoning Ordinance, Subdivision Control Ordinance, City Reimbursement of
Consultants and of Review Fees Ordinance, City School Transition Fee, and City
Development Fee, which have been enacted subsequent to the execution of this
Agreement shall alter the lot sizes, setbacks, performance standards, or other
standards or requirements for this Development except as provided for in those
Ordinances in effect at the time of execution of this Agreement. Developers,
however, will be bound by changes in BOCA building codes, building material
changes and the like that may be enacted by the CITY, so long as the same are
applied in a nondiscriminatory manner throughout the CITY.
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In the event any modifications or amendments occur in the United City of Yorkville
Subdivision Control Ordinance or other Ordinances of the CITY affecting the
subdivision that benefit OWNER/DEVELOPER, said modifications shall be
effective as to the subdivision in the event OWNER/DEVELOPER desire to take
advantage of any modifications or amendments that are enacted by the City Council
after the date of execution of this Agreement.
G. The DEVELOPER shall pay One Thousand Five Hundred Dollars ($1,500.00) as
School Transition fees per residential dwelling unit in said subdivision, to the
Yorkville Community School District, One Thousand One Hundred Fifty Dollars
($1,150.00) in Development fees per residential dwelling unit to the United City of
Yorkville, and other fees to the United City of Yorkville in conformance with the
City Ordinances or as modified herein. Said Transition,development,and other fees
shall be paid per single-family residence concurrent with and prior to the issuance of
each respective subject single-family building permit. Said fees are being paid
voluntarily and with the consent of OWNERS and DEVELOPER based upon this
contractual agreement voluntarily entered into between the parties after negotiation
of this Agreement. DEVELOPER knowingly waives any claim or objection as to
amount of the specific fees negotiated herein voluntarily. No School Transition Fees,
or School-Park Land Cash Fees shall be charged on any real property zoned for
business purposes under the terms of this Agreement.
H. OWNERS/DEVELOPER and CITY agree that easements are necessary for off-site
improvements to serve said property with utility and municipal services. The United
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City of Yorkville hereby agrees to use its best efforts to assist the DEVELOPER in
the acquisition of easements or permission to use easements from Bristol Township,
Kendall County and the State of Illinois.
The actual cost of acquisition of any easement shall be at the expense of
DEVELOPER.
I. That On-Site infrastructure construction and engineering shall be governed by the
standards contained in the Yorkville Subdivision Control Ordinance and other
applicable Ordinances unless specifically addressed in the following, in which case
this Agreement shall control:
1. Roadway right-of-ways, widths of streets, and roadway construction
standards shall comply with the requirements as set out on the approved
Preliminary Plat and each phase of the Final Plat.
2. In the event the CITY requires DEVELOPER to oversize water mains,
sanitary sewer mains, or storm sewer lines, the parties shall enter into a
written agreement specifically providing that said costs shall be reimbursed
by the CITY, or be the subject of a Recapture Agreement and Recapture
Ordinance in favor of DEVELOPER before DEVELOPER is required to
perform any oversizing.
3. Any storm water detention facility constructed on-site shall comply with the
requirements as set out on the approved Preliminary Plat, Preliminary and
Final Engineering Plans approved by the City Engineer.
4. The McHugh Road/Route 34 intersection improvement shall be funded as
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follows: The cost of any intersection improvements not paid or reimbursed
by the Illinois Department of Transportation to DEVELOPER shall be
subject to repayment by the United City of Yorkville upon the following
terms and conditions:
a. The parties shall allocate the benefit of the relocation and
improvement of the McHugh Road and Route 34 intersection among
the residentially zoned real property of DEVELOPER which is
acknowledged and agreed by the parties to be 12 1/2% of the total
benefit,the business zoned property ofDEVELOPER,and the overall
benefit of the United City of Yorkville and adjoining real property.
b. The United City of Yorkville shall rebate to DEVELOPER an amount
of sales tax received from the businesses operated on the on-site
business zoned property,with interest to accrue thereon at the rate of
7%for an indefinite period until all eligible funds are recovered from
the date of the first business opening thereon, in an amount equal to
the total cost of said intersection improvement, less any amount
reimbursed to DEVELOPER, or paid directly to contractors on said
improvements by the Illinois Department of Transportation,and said
remaining amount of the cost of said improvements multiplied by the
percentage of benefit of total improvement cost allocated to
DEVELOPER's on-site business zoned property and the over-all
benefit of the intersection improvements for the United City of
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Yorkville and adjoining owners. The exact amount of reimbursement
shall be delineated by written agreement between CITY and
DEVELOPER prior to commencement of intersection improvements
at McHugh Road and Route 34. For purposes of this Agreement
DEVELOPER and CITY agree that the DEVELOPER's commercial
zoning benefit and the CITY portion of the intersection is 87.5%of
the total cost benefit which may be recovered by DEVELOPER.
C. The McHugh Road improvements shall be commenced prior to
development of the commercial parcel;or if the commercial parcel is
not developed by the time of application for the 931 residential
building permit in the subdivision representing 50%of the total single
family residential units in said subdivision.
5. The United City of Yorkville shall transfer ownership of the vacated portion
of McHugh Road to the DEVELOPER at no cost to the DEVELOPER. This
transfer shall take place concurrent with the opening of the newly improved
intersection of McHugh Road and Route 34 to vehicular traffic.
J. 1. That off-site improvements for the provision of water, sanitary sewer and
other utility and infrastructure services shall be provided by DEVELOPER
according to the City Subdivision Control Ordinance. After the installation
of improvements by DEVELOPER, THE United City of Yorkville shall
deliver to the subdivision site potable water characterized by such minimum
flows and pressures as required by the Illinois Environmental Protection
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Agency.
2. The CITY agrees to negotiate with DEVELOPER the passage of a Recapture
Ordinance for any off-site sanitary sewer or water main improvement or on-
site sanitary sewer or water main improvement benefitting future users that
are contiguous or within a reasonable service area of the subject subdivision;
as well as recapture for the portion of Route 34/McHugh Road intersection
improvements benefitting other owners. Any recapture shall be done by
Ordinance after the CITY has reviewed Engineer's drawings,pursuant to the
Engineer's Estimate of Cost and Actual Cost of the Improvements submitted
by DEVELOPER, and approved by a majority vote of the City Council.
3. -In consideration of the expansion and construction of the sanitary sewer main
improvements contemplated by DEVELOPER, the CITY agrees to reserve
current sanitary sewer capacity p.e. (population equivalent)as it exists at the
time the CITY executes this Agreement in the CITY sanitary sewer lines on
and off-site servicing the subject development for a period of twelve (12)
years from the date of the execution of this Agreement by the United City of
Yorkville, so long as development is actually proceeding on the subject
property. In the event development is seasonably proceeding on the subject
real property, DEVELOPER may seek to extend said twelve (12) year
reservation with the then current City Council.
DEVELOPER and CITY will continue to study methods to upgrade and
provide for adequate off-site sanitary sewer transmission lines, which shall
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be committed to a written agreement between the parties by the time Final
Engineering and the first Final Plat of Subdivision are approved by vote of
the City Council.
K. The Annexation and Planned Unit Development being approved, as part of this
Agreement shall be constructed in substantial conformance with the Preliminary Plat
attached hereto and incorporated herein as Exhibit `B". Deviations from this
Agreement shall be allowed only if approved by majority vote of the City Council,
or upon City Engineer's approval as to technical parts of engineering plans.
L. This Agreement shall inure to the benefit of and be binding upon the successors,
heirs, and assigns of each party hereto.
M. If any portion of this Agreement were determined to be invalid by a court of
competent juri sdiction the remaining portions thereof shall be in full force and effect
between DEVELOPER/OWNERS and the CITY.
N. This Agreement shall be binding upon each party hereto in terms of performance for
a period of twenty years. In the event construction is commenced within said twenty-
year period all of the terms of this Agreement shall remain enforceable despite said
time limitation, unless modified by written agreement of the CITY and
DEVELOPER/OWNERS.
O. The William G. Wackerlin Trust is not a Land Trust but is a Personal Trust created
for estate planning purposes.
P. The subject real property sought to be annexed by the various OWNERS listed in this
Agreement is intended to be developed by Richard Marker Associates, Inc. as
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M M
DEVELOPER, or future DEVELOPERS receiving an assignment of the rights
thereto. The CITY will only execute this Agreement upon DEVELOPER securing
the signature of all OWNERS as to this Agreement, which shall act as a consent by
those OWNERS to have their respective parcels of real property being bound by all
of the conditions and agreements contained herein.
1. The parties hereto acknowledge and agree that the original owners of record
are not the intended Developers of the subject real property,and in the event,
Richard Marker Associates, Inc. does not purchase the subject property the
OWNERS are not under an affirmative duty to develop the property.
However, the terms and conditions of the Planned Unit
Development/Annexation Agreement, however, will continue to bind the
subject real property of all Owners and be effective as to successor Owners
or Developers thereof.
2. In the event the subject real property is Annexed,Zoned and this Agreement
is approved,but the subject real property is not developed, for any calendar
year in which development does not take place, the CITY shall rebate its
portion of the real estate tax bill to the respective owners of record of each
respective parcel of real property.
Q. 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:
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N M
If to the CITY: United City of Yorkville
Mayor Arthur F. Prochaska, Jr.
111 W. Fox, Ste. 3
Yorkville, IL 60560
With a Copy to: United City of Yorkville's Attorney
Law Offices of Daniel J. Kramer
I I07A. S. Bridge St.
Yorkville, IL 60560
If to the DEVELOPER: Richard Marker Associates, Inc.
24 W 521 Hobson Rd.
Naperville, IL 60540
With a Copy to: Richard Marker Associates, Inc.'s Attorney
Dallas Ingemunson
Attorney at Law
226 S. Bridge St.
Yorkville, IL 60560
If to the OWNERS: William G. Wackerlin
Trustee for the William G. Wackerlin Trust
795 Audrey
Aurora, IL 60504
Clifford Wackerlin and Patricia Wackerlin
4416 Tuma Rd.
Yorkville, IL 60560
Jeffrey C. Schobert and Mary Schobert
1110 McHugh Rd.
Yorkville, IL 60560
Glen Schomer
6656 Pine Knob Rd.
Lancaster, WI 53813
Or to such other addresses as any party may from time to time designate in a written
notice to the other parties.
R. This Agreement shall be enforceable in the Circuit Court of Kendall County by any
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of the parties hereto by an appropriate action of law or in equity to secure the
performance of the covenants herein contained.
S. In the event any portion of this Agreement becomes unenforceable due to any change
in Illinois Compiled Statutes or court decisions, said unenforceable portion of this
Agreement shall be excised here from and the remaining portions thereof shall
remain in full force and effect.
T. The CITY agrees to adopt any Ordinances,which are required to give legal effect to
the matters contained in this Agreement including but not limited to an Annexation
Ordinance and an Ordinance authorizing the Mayor and City Clerk to execute
approving Planned Unit Development/Annexation Agreement after due public
hearing thereon, or to correct any technical defects which may arise after the
execution of this Agreement.
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IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this_
day of 191'?
UNITED CITY OF YORKVILLE,
Kendall County, Illinois
By:
MA R
Attest:
ITY CLERK
BURTON CALLMER DAVE DOCKS TADER
C+eC�
RICHARD STICKA MIKE ANDS ON
VALERIE BURD RO SPE S
pAr
LARRY KOT THOMAS SOWINSKI
Am -19-
OWNERS:
7
illiam Zi. Wackerlin Trust Clfiford Wacker hl
by William G. Wackerlin ft;t Uji1Ctilx/'7 � /�F
Y a y Ef j.S 47`'7PA4*0,*' f/v I7 4-ciT
e0Z53 41�
Patricia Wackerlinff&A A 77'a/t V EY J bert
Mary Schobe Glen Schomer
DEVELOPER:
RICHARD MARKER ASSOCIATES, INC.,
an Illinois Corporation
By:
Richard Marker, President
Attest:
Secretary
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EXHIBIT LIST
Exhibit"A" - Legal Description
Exhibit`B" - Preliminary Plat of Subdivision
Exhibit "C" - R-2 One-Family Residential District Legal Description
Exhibit"D" - B-3 Service Business District Legal Description
Exhibit`B" - Yorkville School District Letter
Exhibit "F" - Preliminary Landscape Plan
ILLINOIS STATUTORY SHORT FORM
POWER OF ATTORNEY FOR PROPERTY
(NOTICE: THE PURPOSE OF THIS POWER OF ATTORNEY IS TO GIVE THE
PERSON YOU DESIGNATE(YOUR"AGENT")BROAD POWERS TO HANDLE YOUR
PROPERTY,WHICH MAY INCLUDE POWERS TO PLEDGE,SELL OR OTHERWISE
DISPOSE OF ANY REAL OR PERSONAL PROPERTY WITHOUT ADVANCE NOTICE
TO YOU OR APPROVAL BY YOU. THIS FORM DOES NOT IMPOSE A DUTY ON
YOUR AGENT TO EXERCISE GRANTED POWERS; BUT WHEN POWERS ARE
EXERCISED, YOUR AGENT WILL HAVE TO USE DUE CARE TO ACT FOR YOUR
BENEFIT AND IN ACCORDANCE WITH THIS FORM AND KEEP A RECORD OF
RECEIPTS, DISBURSEMENTS AND SIGNIFICANT ACTIONS TAKEN AS AGENT. A
COURT CAN TAKE AWAY THE POWERS OF YOUR AGENT IF IT FINDS THE AGENT
IS NOT ACTING PROPERLY. YOU MAY NAME SUCCESSOR AGENTS UNDER THIS
FORM BUT NOT CO-AGENTS. UNLESS YOU EXPRESSLY LIMIT THE DURATION OF
THIS POWER IN THE MANNER PROVIDED BELOW, UNTIL YOU REVOKE THIS
POWER OR A COURT ACTING ON YOUR BEHALF TERMINATES IT,YOUR AGENT
MAY EXERCISE THE POWERS GIVEN HERE THROUGHOUT YOUR LIFETIME,
EVEN AFTER YOU BECOME DISABLED. THE POWERS YOU GIVE YOUR AGENT
ARE EXPLAINED MORE FULLY IN SECTION 3-4 OF THE ILLINOIS "STATUTORY
SHORT FORM POWER OF ATTORNEY FOR PROPERTY LAW" OF WHICH THIS
FORM IS A PART (SEE EXHIBIT "A" ATTACHED TO THE BACK OF THIS FORM).
THAT LAW EXPRESSLY PERMITS THE USE OF ANY DIFFERENT FORM OF POWER
OF ATTORNEY YOU MAY DESIRE. IF THERE IS ANYTHING ABOUT THIS FORM
THAT YOU DO NOT UNDERSTAND,YOU SHOULD ASK A LAWYER TO EXPLAIN IT
TO YOU).
POWER OF ATTORNEY made this voj day of � ; , 1999.
1. I, Patricia Wackerlin of Yorkville,Illinois,hereby appoint: my attorney, William G.
Wackerlin,of Aurora,Illinois,as my attorney-in-fact(my"agent")to act for me and in my name(in
any way I could act in person)with respect to the following powers,as defined in Section 3-4 of the
"Statutory Short Form Power of Attorney for Property Law"(including all amendments),but subject
to any limitations on or additions to the specified powers inserted in paragraph 2 or 3 below:
(YOU MUST STRIKE OUT ANY ONE OR MORE OF THE FOLLOWING CATEGORIES
OF POWERS YOU DO NOT WANT YOUR AGENT TO HAVE. FAILURE TO STRIKE
THE TITLE OF ANY CATEGORY WILL CAUSE THE POWERS DESCRIBED IN THAT
CATEGORY TO BE GRANTED TO THE AGENT. TO STRIKE OUT A CATEGORY YOU
1
MUST DRAW A LINE THROUGH THE TITLE OF THAT CATEGORY).
(a) Real estate transactions related to Rout 34 and McHugh Road,
Yorkville, Illinois, Parcel Nos: 02-27-301-002, 02-28-426-002 and
02-27-153-003.
)-----FinanciaH-n9i FuTi on ransa 'a
(c) Stock and bond transactions.
(d) ngible personal property transactions.
(e) Safe eposit box transactions.
(f) Insuranc and annuity transactions.
(g) Retirement Ian transactions.
(h) Social Security, employment and military service benefits.
(i) Tax matters.
0) Claims and litigation.
(k) Commodity and option tr actions.
(1) Business operations.
(m) Borrowing transactions.
(n) Estate transactions.
(LIMITATIONS ON AND ADDITIONS TO THE AGENTS POWERS MAY BE INCLUDED
IN THIS POWER OF ATTORNEY IF THEY ARE SPECIFICALLY DESCRIBED BELOW.)
2. The powers granted above shall not include the following powers or shall be modified
or limited in the following particulars (here you may include any specific limitations you deem
appropriate,such as a prohibition or conditions on the sale of particular stock or real estate or special
2
rules on borrowing by the agent):
3. In addition to the powers granted above,I grant my agent the following powers(here
you may add any other delegable powers including,without limitation,power to make gifts,exercise
powers of appointment, name or change beneficiaries or joint tenants or revoke or amend any trust
specifically referred to below):
I direct my agent to complete the closing of my purchase and sale of my real estate at Route 34 and
McHugh Road, Yorkville, Illinois 60506. Parcel Nos: 02-27-301-002, 02-28-426-002 and 02-27-
153-003 and to execute all documents necessary for the performance of the contract of sale with
respect thereto.
YOUR AGENT WILL HAVE AUTHORITY TO EMPLOY OTHER PERSONS AS
NECESSARY TO ENABLE THE AGENT TO PROPERLY EXERCISE THE POWERS
GRANTED IN THIS FORM, BUT YOUR AGENT WILL HAVE TO MAKE ALL
DISCRETIONARY DECISIONS. IF YOU WANT TO GIVE YOUR AGENT THE RIGHT
TO DELEGATE DISCRETIONARY DECISION-MAKING POWERS TO OTHERS,YOU
SHOULD KEEP THE NEXT SENTENCE,OTHERWISE IT SHOULD BE STRUCK OUT.)
4. My agent shall have the right by written instrument to delegate any or all of the
foregoing powers involving discretionary decision-making to any person or persons whom my agent
may select,but such delegation may be amended or revoked by any agent(including any successor)
named by me who is acting under this power of attorney at the time of reference.
(YOUR AGENT WILL BE ENTITLED TO REIMBURSEMENT FOR ALL REASONABLE
EXPENSES INCURRED IN ACTING UNDER THIS POWER OF ATTORNEY. STRIKE
OUT THE NEXT SENTENCE IF YOU DO NOT WANT YOUR AGENT TO ALSO BE
ENTITLED TO REASONABLE COMPENSATION FOR SERVICES AS AGENT.)
3
N
5. My agent shall be entitled to reasonable compensation for services rendered as agent
under this power of attorney.
(THIS POWER OF ATTORNEY MAY BE AMENDED OR REVOKED BY YOU AT ANY
TIME AND IN ANY MANNER. ABSENT AMENDMENT OR REVOCATION, THE
AUTHORITY GRANTED IN THIS POWER OF ATTORNEY WILL BECOME
EFFECTIVE AT THE TIME THIS POWER IS SIGNED AND WILL CONTINUE UNTIL
YOUR DEATH UNLESS A LIMITATION ON THE BEGINNING DATE OR DURATION
IS MADE BY INITIALING AND COMPLETING EITHER (OR BOTH) OF THE
FOLLOWING:)
6. (x) This power of attorney shall become effective on:
October 13, 1999
(insert a future date or event during your lifetime, such as court determination of your disability,
when you want this power to first take effect)
7. (x) This power of attorney shall terminate on:
December 31,2000
(insert a future date or event, such as court determination of your disability, when you want this
power to terminate prior to your death)
(1F YOU WISH TO NAME SUCCESSOR AGENTS, INSERT THE NAME(S) AND
ADDRESS(ES) OF SUCH SUCCESSOR(S) IN THE FOLLOWING PARAGRAPH.)
8. If any agent named by me shall die, become incompetent,resign or refuse to accept
the office of agent, I name the following(each to act alone and successively, in the order named)as
q
successor(s) to such agent:
U�
LIJ a N e-
For purposes of this paragraph 8, a person shall be considered to be incompetent if and while the
person is a minor or an adjudicated incompetent or disabled person or the person is unable to give
4
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prompt and intelligent consideration to business matters, as certified by a licensed physician.
(IF YOU WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR ESTATE, IN THE
EVENT A COURT DECIDES THAT ONE SHOULD BE APPOINTED, YOU MAY, BUT
ARE NOT REQUIRED TO, DO SO BY RETAINING THE FOLLOWING PARAGRAPH.
THE COURT WILL APPOINT YOUR AGENT IF THE COURT FINDS THAT SUCH
APPOINTMENT WILL SERVE YOUR BEST INTERESTS AND WELFARE. STRIKE
OUT PARAGRAPH 9 IF YOU DO NOT WANT YOUR AGENT TO ACT AS GUARDIAN.)
9. If a guardian of my estate (my property) is to be appointed, I nominate the agent
acting under this power of attorney as such guardian, to serve without bond or security.
(IF YOU DO NOT WISH TO NAME YOUR AGENT AS GUARDIAN OF YOUR ESTATE,
BUT WISH TO DESIGNATE SOME OTHER PERSON, YOU MAY, BUT ARE NOT
REQUIRED TO, DO SO BY STRIKING PARAGRAPH 9 ABOVE AND BY INSERTING
THE NAME(S) OF SUCH GUARDIAN(S) IN THE FOLLOWING PARAGRAPH.)
9(a) If a guardian of my estate (my property) is to be appointed, I name the following
(each to act alone and successively, in the order named) as guardians of my estate, each to serve
without bond or security:
10. I am fully informed as to all the contents of this form and understand the full import
of this grant of powers to my agent.
Signed
(principal)
5
(YOU MAY, BUT ARE NOT REQUIRED TO, REQUEST YOUR AGENT AND
SUCCESSOR AGENTS TO PROVIDE SPECIMEN SIGNATURES BELOW. IF YOU
INCLUDE SPECIMEN SIGNATURES IN THIS POWER OF ATTORNEY, YOU MUST
COMPLETE THE CERTIFICATION OPPOSITE THE SIGNATURES OF THE AGENTS.)
Specimen signatures of I certify that the signatures of my
agent(and successors) agent (and successors are correct).
(agent) (principal)
(successor agent) (principal)
(successor agent) (principal)
(THIS POWER OF ATTORNEY WILL NOT BE EFFECTIVE UNLESS IT IS NOTARIZED,
USING THE FORM BELOW.)
STATE OF ILLINOIS )
) SS.
COUNTY OF KANE )
The undersigned,a notary public in and for the above county and state,certifies that Patricia
Wackerlin, known to me to be the same person whose name is subscribed as principal to the
foregoing power of attorney,appeared before me in person and acknowledged signing and delivering
the instrument as the free and voluntary act of the principal, for the uses and purposes therein set
forth, and certified to the correctness of the signature(s) of the agents(s).
Dated: 0(!`�- �L c� J , 1999.
Notary(P blic
-----MCIALSEAL — My commission expires WOW 1-4 1 , J'O t j A
VIRGINIA M BEAN
NOTARY PUBLIC STATE OF ILLINOIS
MY COMMISSION EXP. MAY 21,2001
6
(THE NAME AND ADDRESS OF THE PERSON PREPARING THIS FORM SHOULD BE
INSERTED IF THE AGENT WILL HAVE POWER TO CONVEY ANY INTEREST IN
REAL ESTATE.)
This document was prepared by:
WAYNE F. WEILER
Attorney at Law
1700 N. Farnsworth Avenue
Aurora, IL 60505
(630) 820-8989
7
EXHIBIT C
PC 99-04 HEARTLAND
APPROVED PRELIMINARY PLAT
RICHARD MARKER ASSOCIATES
HEARTLAND RESIDENTIAL PARCEL LEGAL DESCRIPTION
THAT PART OF THE WEST HALF OF SECTION 27 AND PART OF THE EAST HALF OF SECTION 28,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 45 IN FOX RIVER GARDENS
SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 22, 1927 AS DOCUMENT
53913; THENCE NORTH 20 DEGREES 10 MINUTES 33 SECONDS EAST ALONG THE WESTERLY
LINE OF SAID FOX RIVER GARDENS SUBDIVISION, A DISTANCE OF 1131.36 FEET TO THE
SOUTHEASTERLY CORNER OF WACKERLIN'S SECOND SUBDIVISION, ACCORDING TO PLAT
THEREOF RECORDED AUGUST 8, 1988 AS DOCUMENT 884050; THENCE NORTH 71 DEGREES 58
MINUTES 45 SECONDS WEST ALONG THE SOUTHERLY LINE OF SAID WACKERLIN'S SECOND
SUBDIVISION, A DISTANCE OF 984.29 FEET TO THE SOUTHEASTERLY CORNER OF LOT 3 IN
SAID WACKERLIN'S SECOND SUBDIVISION; THENCE NORTH 18 DEGREES 00 MINUTES 44
SECONDS EAST ALONG THE EASTERLY LINE OF SAID LOT 3, A DISTANCE OF 335.12 FEET TO
THE SOUTHERLY LINE OF TUMA ROAD, DEDICATED BY PLAT OF SAID WACKERLIN'S SECOND
SUBDIVISION; THENCE NORTH 71 DEGREES 58 MINUTES 45 SECONDS WEST ALONG THE
SOUTHERLY LINE OF SAID TUMA ROAD, A DISTANCE OF 66.00 FEET TO THE NORTHWESTERLY
CORNER OF SAID LOT 3; THENCE SOUTH 18 DEGREES 00 MINUTES 44 SECONDS WEST ALONG
THE WESTERLY LINE OF SAID LOT 3, A DISTANCE OF 335.12 FEET TO THE SOUTHWESTERLY
CORNER OF SAID LOT 3; THENCE NORTH 71 DEGREES 58 MINUTES 45 SECONDS WEST, A
DISTANCE OF 509.30 FEET TO THE SOUTHWESTERLY CORNER OF SAID WACKERLIN'S
SECOND SUBDIVISION; THENCE SOUTH 49 DEGREES 20 MINUTES 16 SECONDS WEST, A
DISTANCE OF 482.43 FEET; THENCE SOUTH 40 DEGREES 39 MINUTES 44 SECONDS EAST, A
DISTANCE OF 179.26 FEET TO A POINT ON A CURVE; THENCE SOUTHWESTERLY ALONG A
CURVE TO THE RIGHT HAVING A RADIUS OF 567.00 FEET, SUBTENDING A CHORD BEARING
SOUTH 08 DEGREES 38 MINUTES 46 SECONDS WEST, AN ARC DISTANCE OF 634.95 FEET TO A
POINT OF REVERSE CURVATURE; THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 333.00 FEET, SUBTENDING A CHORD BEARING SOUTH 78 DEGREES 52
MINUTES 44 SECONDS WEST, AN ARC DISTANCE OF 229.77 FEET; THENCE SOUTH 59 DEGREES
06 MINUTES 43 SECONDS WEST, A DISTANCE OF 40.00 FEET; THENCE NORTH 30 DEGREES 53
MINUTES 17 SECONDS WEST, A DISTANCE OF 150.00 FEET TO THE SOUTHWESTERLY CORNER
OF LOT 1 IN NELLIE BRANDT SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED
JUNE 21, 1972 AS DOCUMENT NUMBER 72-2786; THENCE SOUTH 59 DEGREES 06 MINUTES 43
SECONDS WEST, A DISTANCE OF 191.67 FEET; THENCE SOUTH 63 DEGREES 25 MINUTES 55
SECONDS WEST, A DISTANCE OF 59.09 FEET; THENCE SOUTH 45 DEGREES 05 MINUTES 09
SECONDS WEST, A DISTANCE OF 198.33 FEET; THENCE SOUTH 46 DEGREES 01 MINUTE 28
SECONDS WEST, A DISTANCE OF 104.90 FEET; THENCE SOUTH 76 DEGREES 58 MINUTES 10
SECONDS WEST, A DISTANCE OF 342.07 FEET TO THE CENTERLINE OF MCHUGH ROAD AS
OCCUPIED; THENCE SOUTH 46 DEGREES 22 MINUTES 39 SECONDS WEST ALONG THE
CENTERLINE OF MCHUGH ROAD, A DISTANCE OF 68.12 FEET; THENCE SOUTH 04 DEGREES 31
MINUTES 30 SECONDS WEST ALONG THE CENTERLINE OF MCHUGH ROAD, A DISTANCE OF
604.69 FEET; THENCE SOUTH 81 DEGREES 05 MINUTES 30 SECONDS EAST, A DISTANCE OF
1655.09 FEET; THENCE NORTH 05 DEGREES 17 MINUTES 55 SECONDS EAST, A DISTANCE OF
741.35 FEET; THENCE SOUTH 76 DEGREES 21 MINUTES 36 SECONDS EAST, A DISTANCE OF
1427.19 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS.
CONTAINING 3,665,354 SQUARE FEET OR 84.145 ACRES MORE OR LESS.
G\317.025\LEGAL-R ESI DENTIAL.DOC
G\317.025\LEGAL-RESIDENTIAL.TXT