Ordinance 1997-05 w� '
• 9704374 05/07/1997 03:51P
County, 1 of Z
Paul Anderson, Kendall C
STATE OF ILLINOIS ) Y. IL Recorder
ss
COUNTY OF KENDALL )
ORDINANCE NO. 1997--5
ORDINANCE ANNEXING PROPERTIES TO THE
UNITED CITY OF YORK-VILLE,KENDALL COUNTY,ILLINOIS
WHEREAS, The Edmeier Group, Inc. and Charles and Mary Doetschman, as record owners
in fee simple of a tract of land contiguous to THE UNITED CITY OF YORKVILLE, have
heretofore submitted a Petition for Annexation of said property; and
WHEREAS, the development and annexation of said land have been considered by THE
UNITED CITY OF YORKVILLE; and
WHEREAS, THE UNITED CITY OF YORKVILLE deems it to be in its best interests to
annex the said land described in said Petition for Annexation to THE UNITED CITY OF
YORKVILLE; and
WHEREAS, the Petitioners are the Owners of Record of said property and no other electors
reside thereon; and
WHEREAS, said Petition is under oath requesting the annexation of said property to THE
UNITED CITY OF YORKVILLE, Kendall County, Illinois and in all respects is presented in
accordance with the provisions of Section 7-1-8 of the Illinois Municipal Code, being 65 ILCS 5/11-
15.1-1 et. seq.
1
A
WHEREAS, said property is contiguous to THE UNITED CITY OF YORKVILLE and not
within the corporate limits of any municipality; and
WHEREAS,the statutes provide that upon proper affirmative vote of a majority of the City
Council, contiguous property can be annexed to THE UNITED CITY OF YORKVILLE, Kendall
County, Illinois.
BE IT ORDAINED by the City Council of THE UNITED CITY OF YORKVILLE, Kendall
County, Illinois:
Section 1: That the property legally described as follows be and the same is hereby annexed
to THE UNITED CITY OF YORKVILLE, Kendall County, Illinois:
See Attached Legal Description"A"
Section 2: That the City Limits of THE UNITED CITY OF YORKVILLE be, and they are
hereby, extended to include the territory hereby annexed to THE UNITED CITY OF YORKVILLE,
Kendall County, Illinois.
Section 3: That the City Clerk of THE UNITED CITY OF YORKVILLE be, and is hereby,
authorized and directed to record with the Recorder of Deeds of Kendall County, Illinois, a certified
copy of this Ordinance, together with an accurate map of the territory annexed, which map shall be
certified as to its correctness.
Section 4: That the property described in Exhibit "A" is hereby annexed as follows: the
property described in exhibit "B" is zoned R-2 Residential Planned Unit Development, and the
property described in exhibit "C" is zoned R-3 Residential Planned Unit Development.
Section 5: That all Ordinances or portion of Ordinances in conflict herewith be, and they are
hereby repealed insofar as such conflict exists.
2
Section 6: That this Ordinance shall take effect and be in full force and effect upon and after
its final passage and signing by the mayor and the recording by the Recorder of Deeds of Kendall
County, Illinois, as herein provided
PASSED BY THE CITY COUNCIL OF THE UNITE OF YORKVILLE,
KENDALL COUNTY, ILLINOIS, THISCADAY OF
SIGNED by the Mayor of THE UNITE CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS THIS �tY OF ` ' , 1997.
YOR
ATTEST:
I 1 0 0 1 /M
CITY CLERk
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, Illinois 60560
3
LEGAL DESCRIPTION OF 186 . 112 ACRE TRACT EAST OF COM -ED R.O.W. TO
SF ANNE= ?NT: CiTY:
That part 4f the South Half of Section 4 and that pa1■C of Section
9 , Township 36 North. Range 7 East of the Third principal
Meridian described as follows : Commencing at the "northeast
-o_-er of Walnut Ridge, Kendall Township, Kendall County,
illinois , being also the point of intersection of the centerline
of Tllin ois State Route No. . 71 and a westerly line cf ."oak :":1l
Farm" as shown an a plat recorded in Plat Book 5 at Pa; 16 and
r cw in Cabinet of plats at Slot 303; thence South 1.:'10 ' 12"
Fast , along the easterly line of said Nainut Ridge and said
westerly line of "Oak Hill Farm%. 831.39 feet to an angle point
in said westerl: line; thence South 53'33106" Least, along the
southwesterly line of "Oak Hill Farm", 789. 95 feet to an angle
point in Maid southwesterly line; thence South 76 '53'04".East ,
along the southwesterly line of said "Oak Hill Farm", °*:601. 26 feet
to the easterly line of the abandoned right-of-way of the Fox and
Illinois Onion Railway Company for the point of beginning; .
thence South 76'53 '04" East, along said southwesterly line of
"Oak Field Farn", 599 . 82 feet to an angle point in said
scur.hwesteriv line: thence so. th 52'55'31" kart, along a
southwesterly line of said "Oak Hill Farm", 3591 , 20 feet to a
stone monument on the East Line of the Southeast Quarter of said
S^_ction 9 ; thence North 00 '02 ' 59". Kest, along said East Line,
659 . 40 fret to the Northeast Corner at said Southeast Quarter;
thence North 00'14'19" west , along the East Line of the Northeast
Quarter of said Section 9. a distance of 2639.13 feet to the
Northeast Corner of said Northeast Quarter; thence North -
00 '13 ' 16" West, along the East Line of the Southeast Quarter of
said Section 4, a distance of 798. 60 feet to the southeasterly
ling of" Country Hills Subdivision Phase I to the City of
Yorkville, Illinois"; thence South S5'20 ' 45" West , along said
scutheasterly line and said southeasterly line exLended, 1408 .36
feet to the South Line of said Southeast Quarter; thence South
55 ' 44 ' 24" West , 911 . 34 feet ; thence Korth 23. 49'35" hest, along
the extension of and the southwester ly line of said Country Hills
Subdivision, 1785.45 feet to the centerline of Illinois State
Rou`_e No. 71; thence South 72'02'59" West, along said
centerline, 428.50 feet to the northeasterly corner of the
Greenawalt Tract described in a Quit Claim Deed recorded as
Document No. 9507730 on September , 25, 1995 ; thence South
23 ' 55 ' 01" East , along the* easterly line of said Greenawalt Tract ,
440 . 80 feet , thence South 72'02' 59" West, along the southerly
line of said Greenawalt Tract , 644 .0 feet ; thence North
23 '55 '01" West, along the westerly line of said Greenawalt Tract ,
440 . 80 feet to said centerline; thence South 72"02 ' 59" West ,
along said centerline, 46. 36 feet to said easterly line of the
abandoned right-of-way of the Fox and Illinois Union Railway
Company; thence southerly, along said easterly right-of-way
line , 1801. 51 feet to the point of beginning in Kendall Township ,
Kendall County, Illinois and containing 186 .112 acres , more or
less .
G� /j
LEGAL DESCRIPTION OF 4. 548 ACRE TRACT WEST OF COM-ED R.O.K. TO BE
ANNEXED INTO CITY:
That part of the Southwest Quarter of Section 4 and that part of
the Northwest Quarter of Section 9, Township 36 North, Range 7
East of the Third Principal Meridian described anifollows :
Commen=ing at the northeast corner at walnut Ridge, Kendall
Township , Kendall County, Illinois , bung also the point of
intersection of the centerline of Illinois State Route No. 71 and
a westerly line of "Oak Hill Farm"' as shown on a plat recorded in
Plat Book 5 at Page 16 and now in Cabinet of Plats at Slot 303 ;
thence easterly. along Said centerline, 1151.58 feet to the point
of intersection of the centerline of r11incis State Route Ho. 71
and the westerly line of the abandoned right-of-way of the Fox
and Illinois Union Railway Company; -thence South 72'02 '59" West ,
along said centerline, 292. 0 feet for the point of beginning;
thence South 10 '27'01" East , 260 .0 LeeY; t}xsnc�-! South 7-1 '32 '59"
West , 69. 0 feet; thence South 07' 57 ' 01" East, 330. 0 feet;
thence South 80'02 ' 59" West , 267 .0 tact; thence North 15'27 '01"
Went , 569 . 60 feet to said centerline of Illinois State Route No.
71 : thence easterly along said centerline, 402. 93 fe°t to the
pair_t of beginning in Kendall Township , Kendall County, Illinois
and containing 4, 548 acres , more or less .
��11 v (continued)
LEGAL DESCRIPTION OF THAT PART OF FOX HIGHLANDS P.U .D. PHASE ONE,
YORKVILLE, KENDALL COUNTY, ILLINOIS ZONED FOR SINGLE FAMILY
HOMES :
That part of the Southwest Quarter of Section 4 and that part of
the Northwest Quarter of Section 9, Township 36 North, Range 7
East of the Th4krd Princ pal Meridian described as follows :
Commencing at the northeast corner of Walnut Ridge, Kendall
Township, Kendall County , Illinois , being also the point of
intersection of the centerline of Illinois State Route No . 71 and
a westerly ling: of "Oak Hill Farm" as shown on a plat recorded in
Plat Book 5 at Page 16 and now in Cabinet of Plats at Slot 303 ;
thence South 13 ° 10 ' 12" East , along the easterly line of said
Walnut Ridge and said westerly line of "Oak Hill Farm", 831 . 39
feet to an angle point in said westerly line; thence South
53 ° 33 ' 06" East , along the southwesterly line of "Oak Hill Farm",
789 . 95 feet to an angle point in said southwesterly line; thence
South 76° 53 ' 04" East , along the southwesterly line of said "Oak
Hill Farm" , 33 . 28 feet for the point of beginning; thence North
13 ° 06 ' 54" East , 275 . 08 feet ; thence North 56° 10 ' 48" East , 133 . 31
feet ; thence North 09°04 ' 06" West , 154 . 87 feet ; thence North
12 ° 43 ' 53" West , 426 . 0 feet ; thence North 52 ° 56 ' 19" West , 140 . 70
feet ; thence North 17 ° 57 ' 01" West , 507 . 66 feet to said
centerline of Illinois State Route No . 71 ; thence North
72 °02 ' 59" East , along said centerline, 480 . 0 feet to the westerly
line of the abandoned Fox and Illinois Union Railway Right-of-
Way; thence southerly, along said westerly line, 1774 . 24 feet to
the south line of said "Oak Hill Farm" ; thence North 76° 53 ' 04"
West , along said south line, 516 . 95 feet to the point of
beginning in the United City of the Village of Yorkville , Kendall
County , Illinois and containing 15 . 712 acres , more or less .
rl
it
LEGAL DESCRIPTION OF THAT PART OF FOX HIGHLANDS P . U .D. PHASE ONE,
YORKVILLE, KENDALL COUNTY , ILLINOIS ZONED FOR TOWNHOMES :
That part of the Southwest Quarter of Section 4 and that part of
the Northwest Quarter of Section 9 , Township 36 North, Range 7
East of the Third Principal Meridian described as follows :
Beginning at the northeast corner of Walnut Ridge , Kendall
Township , Kendall County, Illinois , being also the point of
intersection of the centerline of Illinois State Route No . 71 and
a westerly line of "Oak Hill Farm" as shown on a plat recorded in
Plat Book 5 at Page 16 and now in Cabinet of Plats at Slot 303;
thence South 13 ° 10 ' 12" East , along the easterly line of said
Walnut Ridge and said westerly line of "Oak Hill Farm", 831 . 39
feet to an angle point in said westerly line; tiler_ce Soui:.h
53 ' 3 ' 06" East , along the southwesterly line of "Oak Hill Farm" ,
789 . 95 feet to an angle point in said southwesterly line; thence
South 76 ° 53 ' 04" East , along the southwesterly line of said "Oak
Hill Farm" , 33 . 28 feet ; thence North 13 ° 06 ' 54" East , 275 . 08
feet ; thence North 56 ' 10 ' 48" East , 133 . 31 feet ; thence North
09 ' 04 ' 06" West , 154 . 87 feet ; thence North 12 ' 43 ' 53" West , 426 . 0
feet ; thence North 52 ° 56 ' 19" West , 140 . 70 feet ; thence South
72 ' 02 ' 59" West , 198 . 0 feet ; thence North 17 ' 57 ' 01" West , 127 . 90
feet ; thence North 13 ' 11 ' 28" West , 1::2 . 38 feet ; thence North
15 ' 44 ' 30" West , 58 . 32 feet ; thence North 16° 39 ' 39" West , 139 . 59 ;
thence North 17 " 57 ' 01" West , 50 . 0 feet to said centerline of
Illinois State Route No . 71 ; thence westerly along said
centerline , 489 . 95 feet to the point of beginning in the United
Cit1 of the Village of Yorkville, Kendall County , Illinois and
containing 18 . 458 acres , more or less .
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Lm 002
STATE OF MLINOIS ) �
3.28.97
COUNTY OF KENDALL )
ANNEXATION AND PLANNED UNTr DEVELOPMENT LGIZEEMNT BETWEEN
THE UNITED CITY OF YOR.KVILLE AND THE EDMXM i GROIIP,INC.,FOR THE
DEVELOPMENT KNOWN AS "FOX HIGHLANDS ESTATES AND GOLF CLUB"
NOW COMES DEVELOPER, The Edmeier Croup, I le., an Illinois Corporation, and
Charles and Mary Doetsehnun, all as owners of record of cefta in real property described in the
attached Exhibit "A", and the United City of Yorkville, an Illinois N unicipality, who do hereby enter
into this Annexation and Planned Unit Development Agreement to supplement upplement and in addition to the
Petition for Zoning and Annexation, and drawings submitted d crewith, including the approved
Preliminary Plat of Subdivision and Proposed Find Plat of Subdi 'sion to be approved by the City
Council ofthe United City cfYorkville upon the following terms an J conditions and in consideration
of the various agreements made between the parties as follows;
1. WHEREAS, each party agrees that it is in the est interests of the owners and
developer and the City to annex and develop the subject real p operry described in the attached
Exhibit "A" as a Planned Unit Development establishing a unique op space character and to provide
for the orderly flow oftrzffc in the development and to adjoinin real property; and
2. WHEREA.9, each party agrees that it is in the best nterest of the local governmental
bodies affected and the Developer and owners to provide for spe 'flc performance standards in the
development of the subject property;'and
3. WHEREAS, each party agrees that a. substantial 'mpact will be had on the services
of the United City.of Yorkville and the Yorkville School District by developing said real property;
and
4. WHEREAS, the Developer has agreed to perfon certain conditions, substantially
above those requirements made by the United City or Yorkville
NOW THEREFORE, the parties agree as follows:
A The subject property shall be annexed to the United City of Yorkville and zoned in
conformance with each block or zoning set forth in the Prelimin Plat, a copy of which is attached
as Exhibit "B" and made. a part hereof, providing for R-2 One-f mily Residential District and R-3
General Residence 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.
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B. That single-family area of the development shalt be gov=td by the following:
1) Lot sines shall be a minimum of 10,000 square fact th lot sizes generally following
the lot sizes set out and calculated on the approval P elirainery Plat and its addenda,
the chart of Preliminary Lot Sizes, said chart b ' g approved as apart of and
concurrently with the Preliminary Plat.
2) Side yards and setback lines shall be in confbrmanc with the standards set forth in
Yorkville Subdivision Control Ordinance currazdy in ect unless otherwise modified
by this Agreement or the approved preliminary P
3) Each single icy lot shall abut a front sidewalk,with said sidewalk being S'wide and
otherwise constructed according to the current Sub Hvision Control Ordinance.
4) All single-family units shall be scrod at tnutimum b a two-car garage.
5) No building or modifications of topography shall . e permitted on any banned or
detention area in said subdivision by Developer or ow ier without approval of the City
engineer. Landscape plantings are permitted in ben ned areas.
6) Each individual lot owner shall be responsible to mi stain all berming, set back area,
and detention area located within the property bound iries of any individual lot within
said development.
7) One-story single-family units shall have a nunimu .,i of 1,500 square feet of living
Space exclusive of basements and two-story single-f I y units shall have a minimum
of 1,600 square feet of living space exclusive of b emcnts.
C. That single-family attached (townhotne) areas of the devel pment shall be governed by the
following:
Lot sizes and position shall generally foUow the lot s set out and calculated on the
approved Preliminary Plat and proposed Final Plat or Phase 1.
1) Side yards and setback lines shall be in conformance . the standards set forth in the
Yorkville Subdivision Control Ordinance and the f flowing: Building setbacks shall
accommodate 20' (twenty feet) setbacks from a garaga face to the edge of
sidewalks.
2) The majority of all said units shall be served by a 2 ' back-to-back private roadway.
3) Sidewalks along the private roadways in the singl -family attached area shall be on
one side of the street, 4 feet wide and at least 3 fe from the back of the curb.
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4) Single-family attached units shall be served at mini um by a two-car garage.
5) Single-family attached units shall contain a front e>terior that consists of least one-
quarter brick or other masonry product.
6) No buildings shall be permmittcd on any bermed or z erention area in said subdivision
by Developer-or owner without the approval of the City engineer_ Landscape
plantings, are permitted in bermed areas
7) The townhorne owner's association formed by d eloper and its members shalt be
responsible to maintain all berming, set back aref, subdivision signing, detention
areas, and any other common arras located wi tU i the property boundaries of the
subdivision
a) In the event the association fails to maintain s 31d areas, the Developers hereby
grant their consent to the United City of Y rkville to immediately create a
Special Services Tax Area under applicabl Illinois statutory procedure, a
Special Tax District or Special Services ea for the purpose of upkeep,
maintenance and/or renovation of these co non areas above set forth,
8) Single-family attached units shall have a minimum of 1,300 square feet of living space
exclusive of basements.
D. That the developer shall pay cash contributions to: the Yor ille Community School District,
in lieu of land contnbutions for schools and the United City of Yor ills, in lieu of land contributions
for parka, in conformance with the City of Yorkville Land/Cash rdinance in effect at the date of
Preliminary Plat approval, and application for approval of the F' al Plat of the first Phase of said
subdivision, The remaining units of said subdivision shall be culated for Land/Cash purposes
according to the standards in effect at the time application for Fina Plat approvel is sought for each
particular phase or unit of the subdivision. For all phases of sa d subdivision, payment of these
contributions shall be made per individual residential dwelling unit co current with the building permit
application for that particular residential dwelling unit.
E. That the development of said property shall be subject to the Preliminary Plat, engineering
approval by City staff or outside review engineering as elected the City, and Final Plat approval
by the City Council in conformance with the City of Yorkvill Zoning Ordinance, Subdivision
Ordinance, City Storm Water Control Ordinance, City Reimburs meat of Review Ordinance, City
Land-Cash Ordinance, City School Transition Fee, and City De elopment Fce, which have been
voluntarily contracted and agreed to by Petitioner - Developer s a condition of approval of the
Planned Unit Development Agreement, Developer, except to thiorkville extent varied by this Agreement„
shall comply with all requirements as set out in the united City of Zoning Ordinance at the
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time commenccraent of construction is undated No change in the City of Yorkville Zoning Ordinance,
Subdivision Ordinance, City Storm Water.Control Ordinance, City Reimbursement of Review
Ordinance, City Land-Cash Ordh=ce, City School Transition Fee, and City Development Fee, which
have been enacted subsequent to the execution of this Agrewunt shall not alter the lot sizes,
setbacks, performance standards, or other standards or req ' ents for this Development,
Developers, however,will be bound by changes in BOCA budding c odes, building material changes
and the like that may be enacted by the City, so long as the same ar applied in a nondiscriminatory
manger throughout the City.
F. The Developer shall pay, S1,500.00 as school transition fees per residential dwelling unit, to
the Yorkville Community School District, 51,150,00 in development impact fees per residential
dwelling unit to the United City of Yorkville and water, sewer, and other fees to the United City of
Yorkville;in conformance with City Ordinances as modified he ebL S aid transition, impact, and other
fees shall be paid per individual residential dwelling unit conct item with the building permit
application for that particular residemlal dwelling unit. Said fees are being paid vohmtarily and with
the consent of owner and Developer based upon this contractual iN qectnent.
G. Petitioners and City agree that easements are necessary for o site improvements to serve said
property with utility service. The acquisition of the casement m Commonwealth Edison for
sanitary sewer service shall be made by the City and City hereby glees to use its best efforts for
prompt acquisition of said easement from Commonwealth Edison. D veloper shall reimburse the City
for any costs associated with easement acquisition. Any other site easement necessary for the
development of the subdivision shall be acquired by the Developer
H. That On-Site:Infiwtructure Construction and Engineering s be governed by the standards
contained in the Yorkville Subdivision Control Ordinance unle s specifically addressed in the
following, in which case this Agreement shall control:
1) Developer may post a surety bond in the name of is City in lieu of the Irrevocable
Letter of Credit referenced in section 8,02 of the S bdivision Ordinance Said surety
bond shalt otherwise meet the standards of Section CO2 by having a sufficient rating
to carry the cost of construction plus tea percent(1 %) with said cost determined as
stated in section 8.02. Further, Developer's co 1plianee with the Construction
Guarantee provision of Section 8,03 may also be m by the posting of a surety bond
in the amount of twenty percent(20°x6) of the cost al the improvements, said bond to
have a one_yeer tel from the date of acceptant of improvements by the City.
Developer is only required to post said surety bon J3 per phase at the time after the
particular phase has been approved for Fiscal Plat ant prior to beginning construction
for that phase.
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L That off-site improvements for sanitary sewer be goveme according to the following:
1) Developer shall construct and tender to the City the following improvements: a
sanitary sewer line, Iift station, forea main, and fated necessary attachments to
provide sanitary sewer service to the developments I sated in the general vicinity can
of State Route 47 and on, or adjoining the develo ments on, State Route 71. Said
sanitary sewerline is to be constructed within the onunonwealth Edison right-of-
way from the south end of the Fox Highlands dev lopment to Beaver Street in the
City and along Beaver Street to connect to =s ing sew=s on State Route 47.
Engineered drawings for this project shalt be submi ted by Developer's engineers for
City approval. City-and Developer agree to coo orate in procuring the necessary
easements for said project, City, as owner, shall inspect and approve installation
during the construction process in a timely fashi n prior to Developer releasing
payments for work completed_ Surety bond for the eonnructioa of the
improvements to be installed by Developer are the responsibility of developer.
a) To fund the construction referenced in para ph I, (1) above, Developer, as
General Contractor. shall provide a maaamw of$350,000.00 ill construction
services. If the City procures pre-paid f from a second developer to be
applied to the sewer line construction, said es shall be offset in fIt1I f=4 the
final cost of the construction. If this offset decreases Developees necessary
contribution of construction services b low Developer's maximum of
5350,000.00,Developer is not required to p vide additional funds or services.
Further, if the cast of the sewer line constru on exceeds $330,000.00 and the
City fails in its attempt to procure pre-pai fees from a second developer,
Developer Is entitled to recapture his costs ov-r his mmcimum as recapture fees
as described in section 1. (2) (a) below.
2) All Fox Highlands res�dentiaJ units shall be an s d S425-00 per P.E. for recapture
on construction of the future Commonwealth Edi on interceptor and 5216 per P,E.
for recapture on uw of the adstiog Southwest inter eptor (west of Route 47). These
recapture fees as well as 51,800 of the City's S2, 00 sewer connection fee shall be
pre-paid by Developer in the following manner. 800,000.00 towards the City of
Yorkville!Yorkville-Bristol Sanitary Saver Distri renovation of the treatment plant
and river crossing, and a maaamunm of$350,000.00 ' construction services as Geneml
Contractor for the construction of the sewer li a and attachments described in
paragraph 1.0) above. Prepaid sewer and recap fees also include 12 single family
units for the proposed additional phase of Fox I Hi hlands on the Halbesma property
upon that parcel being approved for development. Payments for construction of the
sewer line shall be made concurrent with construct on by Developer and the pre-paid
sewer fees will be paid upon approval of the Final P at by vote of the City Council and
execution by the Mayor and City Clerk.
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a) Under the above formula, the parties agre . that Developeet total prepaid
recapture and sewer connection fees total$1, 25,000,00 for all proposed Fox
Highlands units. As Developer's contrib tions at the beginning or the
development will exceed $1,025,000.00, eveloper shall participate in the
recapture process with the City according to a applicable statutes governing
the recapture of fees for public improveme is as to any amount contributed
over$1,025,000.00.Payments are to be m to Developer from the payment
of other developers'recapture fees received y the City and paid as 10% (ten
percent) of all payments received dedicate toward the future and current
South side sanitary sewer improvements, eluding but not limited to, the
Commonwealth Edison interceptor and th treatment plant/ti-tw crossing
renovation and improvement, but excludin the Southwest interceptor.
3) Developer shall be the primary beneficiary of the anitary Sewer District/ City of
Yorkville intergovernmental went to expand pl nt capacity and repair City lines.
Capacity needs for all of Developer's Fox Highlan s units shall be the first reserved
in all allotments of P.E. and sewer capacity by the ity for present and future sewer
renovation and repair. Further, there shall be no ' 't on the number of connection
permits or other sewer or utility permits, that can be granted in any given time period
during the development and all permits shall be pr cessed in a timely fltshlon.
J. That off site improvements for the provision of water d other utility slid infrastructure
services shall be provided by Developer according to the Su division Ordinance. After the
installation of improvements by Developer, The United City f Yorkville shall deliver to the
subdivision site potable water charactertized by such minimum flow and pressures as required by the
Illinois Environmental Protection Agency and the National Fire sociation.
K. That the approved Preliminary Plat of the subdivision con erns commercial development as
well as residential. Said commercial property, as approved ' the Preliminary Plat and future
applications for Fiscal Plat approval of subsequent phases, all according to applicable City
regulations subject to the following:
1) Development includes an I&hole, serni-public golf c rse to be constructed Developer.
Said construction will be guaranteed by Developer the posting surety bond before
construction begins for Phase I subdivision improvement , Said bond will cover the cost of
rn
construction and be similar in nxwre to the perforaace bo da referenced in paragraph H (1).
Further, Developer agrees to provide buffering approv d by City Staff between the golf
course and adjacent properties.
2) City shall provide necessary authorization for Devel per to conduct other cormercial
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operations in cori uncdon with the golf course. Said commtaits;al entities may include-but are
not limited to: food and alcohol service via a restaurant, b quet hall and banquet catering
service, and snack bars, hotel service via golf villa rental private resident's club with
above ref r=ed snack bar, exercise equipment, pool aad tecourts; golf course pro shop;
and corporate offices, to be approved by the City Council.
L. The Planned Unit Development being approved as a p ut of this Agreement shall be
constructed in substantial conformance with the Preliminary P1 t attached as F.,xtubit 'B", and
incorporated herein. Deviations from that Agreement shall be allo ed only if approved by majority
vote of the City Council.
M This Agreement shall be binding upon the successors, heirs, nd assigns of each patty hereto.
Further, this Agreement shall be binding for a terra of fifteen y in terms of performance. In the
event construction is commenced within said Meen year period of the terms of this Agreement
shall remain er*meable despite said time limitation, urdess modifie in writing between the City and
Developer.
N. The City shall not limit the number of building or other is that may be applied for within
any opened phase due to any City imposed moratorium and shall' no event unreasonably withhold
approval of said permits or approval for the Final Plat of any P e of the subdivision.
O. Developer agrees to comply and pay the cost of complianc with all State requirements with
regard to entrances into the development from State Highway 71,
P. Ail notices being givon under this Agreement shall be in tiag and be by personal delivery
or U.S. Mail, postage pre-paid, addressed as follows, copies to al :
United City of Yorkville Uuitetl City of Yor ' o
Mayor Robert Johnson Law Offices of D Kramer
111 W Fox, Ste 3 1107A S. Bridge S eat
Yorkville, IL 60560 Yorkville, IL 6056
The Edmeier Group, Inc Charles &Mary D etschnm
Dear, A Edmeier, President 9818 Rt. 71
440I Ellwalk Ave., PO Box 791 Yorkville, IL 6056
Cortland, IL 60112
7
11/17/1998 16: 17 81549j#045 EDMEIER PAGE 09
04.2,1:97 FRI 08:17 F.0 Bl MAYER LAW
0 0•a
IN WITNESS WSER$OF, the parties have executed this consisting of eight(8)
pages on the date sat forth below.
Dated this aday of 1997.
The Edmeier Group,Inc. 11cited City o orkvM
By Dean A Edmeier, President By: Robert I n, r
Charles Doctschman, Owner A S ;by Clerk
Mary Doetschman, Owner
FACLIENTMONINMEDWIERW4NEXAG
S
°i1/17Y2398 16:17 81549 045 EDMEIER
PAGE 11
04..'23.'97. FRI 08:1 8 F:�I 8 MU ER LAW Q1011
LEGAL DESCRIPTION OF 4. 548 ACRE TRACT WtsT 0 COX-Z13 x.O.N, TO BE
ANNEXLD IVTO CITY • ' ,
That part of the Southwest Quarter of se atio .4 aza that part of
the Northwest Quarter of seottor. 2, -sowaship 36 North, Mange 7
test at the Third lrineipal meridian doscrib as follows:
Co=nencfng at the northeast corner at walnut Ridgil Kendall
Towashia. Randall Caiaaty, ' Illinois , being al o tb• point of
intersoction of the aoaterlins of .Illinois Gate !huts No. 71 and
a westerly line at "Oak Ki,11 rarm"' an shown as a plat recorded in
Plat Took S at Page 16 and now in Cabinet o Plats at slat 303;
thence east ar l y. along said vanterl it3l, LIS .59 feet to the point
at intersection of the mterlsns of Zllino a ststa route go. 71
and the wsstterl7 tine of the abandoned nigh -at•Va of the Fox
and Illinois Onion Aailv4y Company: -thence south �2'02 'SS" West,
slang said centerline. 292.0 feet tar the 9 int of beviaain ;
thence south 10'27'01" test , 210 . 0 feet: t sac• South 71'31'24"
vast, 69. 0 feet: thenee . South 07 'S7 ' Ol'' to t, 330 .0 lest;
thence south 80'02 '39" W42% , 267 .0 toot; t Save Borth IS.27 'O1"
West . 569- 40 -lost to said conterlin• of 5.11 Avis state Rowe* No.
71: thence easterly along said c*nterlin:. 402.S3 legit to the
point at beginning in Randall Tavwhig, Ken all County, Illinois
and eontaming 4. 348 acres , mars ar Less .
i
11/17/1998 16: 17 81'"'' 4045 EDMEIER PAGE 10
04 '5.97 FRI 09: 19 r':i] 5: 5764 XPLAt1ER L,�µ
' CrOAl. DESCRIPTION OF 186 . 112 ACRF- TRAC1 -A z %"6j A .v .r • ��10
That part of the Snuta Half of section 4 d that part of Sectina
4 . Township 36 North. !range 7 East of the hird Principal
Mar=dian descrihed as tcllown : Gammau airs at the 'oczthoast
:o:r,er vt walnut Ridge, Kendall Township, &ndall County ,
T l l inoi s : being also the point of inter8ec ion of the tauter 1 ino
of Tl lir.ois State Route No- , 71 and a aeste ly tine cf ",Oak 71.11
Farm" as shown er -a plat recorded zn Plat oaks at psi .'"16 and
new in Cabinet of Plats at slot 303; then a South ls'10 , 12"
Era t , along the easterly line of said gala t Aidg• aazd said
Westerly lire of "Oak Bill warm",. 831.39 f at to *am* angle Point
in said Wsstarl: line; thence south 33033 06" the
southweAteriy line of "Oak !Sill Farm-, T89 95 feet to• as angle
point in maid southeasterly line; thence Guth 76 , 53 ,01" •.zast ,
along th* solsrhwtstarly lie* e�f said mo;; ill Parm", ^:601.'26 fast
to the eastarly line of th• abandoned nigh -of-way of the Fox and
Illinois Union Railway Company for the poi t at begivaing;
thence south 76'53 '0416 bast, along said so thwestarly line of
"oak Field farina", 699 . 82 feat to an angle mint in said _
2011thwr_sterly line; thanas aoulh 52.' 53. 31" East, along a
svutbuestarly line of said "Oak Bill P=t'm" . 3591 . 20 feet to ■
stone menumRrt on the East Lins of the 30 theast Quarter of said
5:etio�n 9 : thenc♦ Xmrth 00 ' 02 ' 54' pest, long said East Line,
6S9 , 40 fr_�,t to the Northeast corner of said southeast Quarter;
thtnc% porth 00'1 4' 19" West , along Chem =a t Line of the Northeast
Quarter of said section 9, a clistaace of 639 .13 feet to the
Northeast Corner of said Northeast Quarts ; ' thence North . -
00 'l3 ' lb" Wast, along the Ear= Lire of to aautheast Quarter of
said Section 4 , a distance of 794 . 6o Lest to the southeasterly
1 ins nr" Country Hi 1!e subdivision Phase to the City of
yorkvillo. Illinois"; thence South 63'20 45" mast , along said
rcutheasterly line and said southelLSterly line oxLauded, 1408 . 36
feet to the South Line of said southeast uarter; thane* South
55 ' 44 ' 34" rAe4t , 911 . 34 feet ; thence tort 23' 49' 3S- West, along
th4 extension of and thm southwest*rly 1i a of said Country Hiliz
subdivision , 17eg.'45 feet to the oanterll a of Illinois State
Route No . 71; thence South 72'02 ' 39" Was , tiOnQ said
centortine, 426 , 50 feet Ito the avrtheaSzo ly corner of the
etecnRwa1 t Tract described in a Quit Cl" Dead recorded as
Document No_ 9507730 on September , 25 . 19 5; thenca South
23 ' 33 ' 01" East , along the' easterly IiAe o said Greenawalt Tract ,
440 . 80 feet , thence South 72'02 ' 59" West , slang the southerly
liar of said areenaualt Tract , 644 .0 feet : thence North ,
23'55101" West, along the westerly line S said Greenawalt Tract ,
440 . 30 feet to said centerlinw; thence ouch 72'02' 39" West,
along said centerlirke , ' 46 , 36 feet to sal easterly line of the
abandoned right-of-way of the rox and 11 ixois Union Railway
Company ; thence southerly, along 'Said a stark tight-at-vaY
lime , 1801. 51 feet to the point of begin inb in Kendall Tovnship,
Kendall County, Illinois and containing 86 . 112 acres , Mora or
STATE OF ILLINOIS ) Revised June 17, 1999
Revised June 18, 1999
COUNTY OF KENDALL ) Revised June 24, 1999
AMENDMENT TO ANNEXATION AND
PLANNED UNIT DEVELOPMENT AGREEMENT
BETWEEN THE UNITED CITY OF YORKVILLE
AND THE EDMEIER GROUP, INC., FOR THE DEVELOPMENT
KNOWN AS "FOX HIGHLANDS ESTATES AND GOLF CLUB"
NOW COMES the DEVELOPER, The Edmeier Group, Inc., an Illinois Corporation by
and through Dean Edmeier its authorized Corporate Representative, and the UNITED CITY OF
YORKVILLE, an Illinois Municipality who do hereby agree to amend the previously executed
Annexation Agreement dated March 28, 1997 and in support thereof state as follows:
WHEREAS, DEVELOPER, The Edmeier Group, Inc., has agreed to undertake to
construct certain public improvements both for its development known as "Fox Highlands
Estates and Golf Club", as well as off-site improvements for the benefit of its subdivision and the
City of Yorkville as a whole, as well as the Yorkville-Bristol Sanitary District; and
WHEREAS, DEVELOPER previously agreed to submit an advance payment of fees
necessary to construct and upgrade certain off-site sanitary sewer improvements by the payment
of$800,000.00; and
WHEREAS, timing in the development of said project has been delayed due to the
acquisition of an off-site easement from Commonwealth Edison which now has been obtained
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and recorded; and
WHEREAS, both DEVELOPER and CITY are desirous of consummating said project
and ensuring all off-site improvements are done to the City Sanitary Sewer System; and in
consideration of the continued agreement of DEVELOPER to fund said improvements but to
provide an alternative financing method thereof, the parties agree as follows:
1) That the fees previously agreed to be paid by DEVELOPER in the amount of
$800,000.00 shall still be an obligation solely of DEVELOPER and not Owners
of the subject real property, Charles Doetschman and Mary Doetschman.
2) That DEVELOPER, The Edmeier Group, Inc. or their nominee, shall deposit the
sum of$200,000.00 in cash toward payment of the obligations set out in
paragraph 1 of this Agreement with the Yorkville-Bristol Sanitary District prior to
commencement of construction of the Sanitary Sewer Interceptor to service the
subject parcel.
3) It is agreed between the CITY and DEVELOPER that said sum shall be deposited
to secure performance of the building of the Southeast Sanitary Sewer Interceptor
at total DEVELOPER cost to the South edge of the Commonwealth Edison right-
of-way where it joins with real property owned by Robert Davidson and Michael
Wheeler.
4) That prior to the approval of any Final Plat of Subdivision for Unit II of Fox
Highlands, or any additional units of the subject real property, the UNITED CITY
OF YORKVILLE shall require that DEVELOPER, his nominee or future
Developer deposit the sum of$600,000.00 prior to commencement of any
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additional units of said subdivision.
5) That DEVELOPER shall commence construction of the Southeast Sanitary Sewer
Interceptor within 60 days of the approval of this Amendment by the City Council
of the UNITED CITY OF YORKVILLE and the Board of Trustees of the
Yorkville-Bristol Sanitary District executing its Amendment to Intergovernmental
Agreement with the UNITED CITY OF YORKVILLE; and shall secure the
recording of the Easement from Commonwealth Edison to the UNITED CITY OF
YORKVILLE and the payment by DEVELOPER of$26,000.00 as called for
under said Easement Agreement to Commonwealth Edison within 30 days of the
execution of this Agreement by DEVELOPER and corresponding approval of the
same by the UNITED CITY OF YORKVILLE through its City Council.
6) DEVELOPER shall post a bond in the full amount of the cost of improvements
for the installation of the Southeast Sanitary Sewer Interceptor either by letter of
credit of bond to the UNITED CITY OF YORKVILLE prior to the construction
of said Southeast Sanitary Sewer Interceptor.
7) For a period of 24 months from the execution and approval of this Agreement by
the City Council of the UNITED CITY OF YORKVILLE, the CITY may use
sanitary sewer funds as received from each individual building permit for
repayment of the revolving loan funds the UNITED CITY OF YORKVILLE has
undertaken with the Illinois Environmental Protection Agency for purposes of
upgrading and rehabilitation of the existing Sanitary Sewer System of the
UNITED CITY OF YORKVILLE.
Upon expiration of said 24 month period, $1,800.00 of each Sanitary Sewer
Permit Fee paid upon a building permit being issued for each dwelling unit within
the service area for the Southeast Sanitary Sewer Interceptor shall be transmitted
at regular intervals agreed upon between the Yorkville-Bristol Sanitary District
Board and the UNITED CITY OF YORKVILLE City Council. Said amounts
shall be remitted until the total sum of$595,000.00 is remitted to the Yorkville-
Bristol Sanitary District, including the original $200,000.00 paid directly by
DEVELOPER under the terms of this Amendment to Annexation and Planned
Unit Development Agreement; and credit for payments previously made by the
CITY to the District.
8) That the obligations undertaken by this Agreement are binding on the successors,
heirs, and assigns, of the DEVELOPER, or any successor Developer who seeks to
develop subsequent units of said subdivision; but which shall not be an obligation
of the underlying property owners as to the remainder of the annexed property
outside of Unit I of Fox Highlands Subdivision, who are Charles Doetschman and
Mary Doetschman, or their successors, heirs, and assigns unless said future
owners develop the subject real property, in which case the Developer of said
property is bound to make the above specified payment in order to secure
approval of future units of said subdivision.
9) That paragraph K of the original Annexation/Planned Unit Development
Agreement is hereby amended to provide that DEVELOPER shall not place a
bond or letter of credit with the CITY at the time of commencing Unit I of Fox
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•
Highlands Subdivision for purposes of constructing a golf course. Said bond or
letter of credit shall only be required at the second unit of said subdivision, or in
the event a Developer other than the original party to this Agreement seeks to
develop subsequent units in the subdivision.
IN WITNESS WHEREOF the undersigned have agreed that this Amendment to
Annexation and Planned Unit Development Agreement shall be executed this s4, day of
19 �
HE EDMEIER GROUP, INC. THE UNITED CITY OF YORKVILLE
y_/X
By: G�- -� �� By: �r'All
DEAN A. EDMEIER MAYOR
Attest:
4 TY CLERK
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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