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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 . rh(3 � % �C 11/17/1998 16:17 81` '94045 EDMEIER PAGE 02 04--23--97 FR I 08:12 F.il 553 S 7 0 i IULA31ER LAIT 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. 11/17/1998 16:17 81F^ 45 EDMEIER , PAGE 63 r 04,,2-3.9T FRI 08: 13 f_�,1 3 STBV M-kHER Liw 2003 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. 2 11/17/1998 16: 17 81`""94045 EDMEIER PAGE 04 04--:.3,-97 FRI 08:13 F_-1 X43 STS, RR-0ffiR LAW Qj004 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 3 11/17/1993 16: 17 el 45 EDMEIER PAGE 05 .04e 25.,97 FRI 08:14 F.S 553 576-1 KR--UR L�R 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. 4 • ..11/17f1998 16:17 8.:54984045 EDMEIER PAGE 06 04, 25,97 FRI 08:16 Ft- sJ 5 « MUXER Lk IV Q 006 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. s 11/17/1998 16: 17 81540045 EDMEIER PAGE 07 04/2 3..-97 FR I 08:16 F3 . 3 7 I{R OZER LAW ' . �oa7 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 6 X1/17%,1998 16: 17 81,-,d984045 EDMEIER PAGE 08 04, Z 3 9 T FR I 08: 16 F.L S T l « AR�?IER L�IY 2008 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 -1- 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 -2- 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 -4- • 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 -5-