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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 -1- 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 -2- 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 -1- w ' 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 -2- 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 -3- 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 -4- 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 -5- 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 -6- 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 -7- 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. -8- 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. -9- 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 -10- 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 -11- 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 -12- 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 -13- 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 -14- 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 -15- 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: -16- 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 -17- 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. -18- 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 -20- 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 N � 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