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Ordinance 1997-07 a 9707550 08/04/1997 03:28P 1 of 2 Paul Anderson, Kendall County, IL Recorder ? OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 1997 -� AN ORDINANCE AUTHORIZING THE EXECUTION OF A PLANNED UNIT DEVELOPMENT AGREEMENT OF FOX MILL LANDING WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain 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 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 NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. AS FOLLOWS: That the Mayor and City Clerk are herewith authorized and directed to execute. on behalf of the City, an Planned Unit Development Agreement concerning the annexation and development of the real estate described therein, a copy of which Planned Unit Development Agreement is attached hereto and made a part hereof. PASSED at a regular meetin of the City Council of the UNITED CITY OF YORKVILLE on the eay of , 1997. SIGNED and APPROVED by me, as Mayor, this day of p 1997. MAYOR ATTEST: 1 C Y CLERK (SEAL) Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 630.553.9500 F:\CLIENTS\CITYOFYO\FOXMILL\ORDAUTH i State of Illinois: -SS County of Kendall - This is to certify that we, James M. Olson Associates, Inc. have surveyed That part part of the Northwest Quarter of Section 33. Township 37 North, Range 7 East of the Third Principal Meridian descri- bed as follows: Commencing at a point on the north line of Van Emmon Street at the Southeast Corner of Block k q of Black' s Addition to Yorkville; thence easterly along said north line 170.0 feet; thence northerly, parallel with the east line of said Block 5 of said Black' s Addition, 120.0 feet; thence easterly, parallel with said d" north line of Van Emmon Street. 51 .0 feet for the point of beginning; thence easterly parallel with said fi north line of Van Emmon Street, 80.33 feet to the west line of Lot 12 of said Section 33, according to the plat thereof recorded in Plat Book 3 at Page 96; thence southerly, along said west line, 120.17 feet to said north line of Van Emmon Street; thence westerly, along said north line, 76.52 feet to a point which is 220.0 feet (measured along said northerly line) easterly of said Southeast corner of Block 5; thence northerly 120 02 feet to the point of beginning in the United City of the Village of Yorkville, Kendall County, Illinois, as shown by the plat hereon drawn which is a correct representation of said survey. Dated at Yorkville, Illinois June 12, 1990 James M. Olson, Illinois Professional Land Surveyor No. 2253 3 Conool 44.9J;\\ Concioff 1 ie WOO t 0 t N 3' a o3Z:;\\ • ' tt x\04 - ' • h' k$o, 0 Indicates Iron Slob Set _1 604$ • Indicates Iron Stab Found Indicants Lino of Fence ———ou--Indlcates OrerAeod Utilities 136.25' ' l Street a Legal Description That part of the Northwest Quarter of Secti.on 33, Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at a point or tie North Line of Van Emmon Street at the Southeast corner of Block 5 of Black's A� ion to Yorkville; thence easterly along said North line, 170.0 feet for a point of beginning; thence northerly, parallel with the East line of said Block 5, a distance of 120.0 feet; thence westerly along a line drawn parallel with said North line, 53.67 feet to a point which is 185.0 feet westerly, as measured along said parallel line, of the East line of Lot 13 of said Section, as said lot is depicted on a plat of survey recorded in Book 3 of Plats, Page 96 and as occupied and monumented; thence northerly, parallel with said East line of said lot, 84.87 feet to a line drawn westerly, parallel with the main track tangent centerline of the Burlington Northern Railroad from a point on the East lice of said lot which is 115.0 feet southerly of the intersection of said East line with the centerline of said main track; thence easterly along said line, parallel to said main track, 32. 52 feet to the Southeast corner of a tract of land conveyed to Allan Brady by Document No. 77-4545; thence northerly along the East line of said Brady tract , 76.52 feet to the Northeast corner thereof; thence easterly along the northerly line of said Brady tract extended, 60.34 feet to a point which is 30.0 feet, normally distant, southerly of the center line of said main track; thence easterly parallel with said centerline, 56.82 feet to a point of curvature; thence easterly, concentric with said centerline, being along a tangential curve to the right having a radius of 5,699.65 feet, an arc distance of 41 .45 feet, to said East line of Lot 13; thence southerly along said East line, 292.72 feet to said North line of Van Emmon Street; thence westerly along said North line, 126.52 feet to the point of beginning; less and except part conveyed by Deed recorded July 3, 1990 as Document No. 9042819 and also that part of Lot 12 (sometimes called Sub. Lot 12) in Section 33, Township 37 North, Range 7 East of the Third Principal Meridian, which lies South of the Chicago, Burlington and Quincy Railroad right-of-way and North of Van Emmon Street, in the Village of Yorkville, in Kendall County, Illinois and containing in 1 .8826 acres. J_ I No. 3473 20 yck State of Illinois :SS County of Kendall: This is to certify that we, James M. Olson Associates, Illinois Professional Land Surveyors have surveyed and located the improvements on that pat of the Northwest Fractional Quarter of Section 33, Township 37 North, Range 7 East of the ° Third Principal Meridian and part of Block 5 in Black's Addition to Yorkville described as follows: Commencing at a poii on the East Line of Mill Street which is 63.0 feet South of the center line of the Burlington Northern Railroad main track, o thence southerly along said East line, 75.90 feet; thence easterly parallel with the North line of Van Emmon Street, 247.50 feet for a point of beginning; thence westerly parallel with said North line, 7.50 feet, thence southerly 54.73 feet to a point on the East line of said Block 5 which is 120.0 feet northerly of the Southeast Corner of said Block; thence westerly parallel with said North line, 60.0 feet; thence westerly parallel with said center line 97.66 feet; thence northerly at right angles to the last described course, 133.48 feet to a line drawn easterly, parallel with said railroad center line from said point of commencement; thence easterly along said parallel line, 164.0 feet to a line drawn northerly, parallel with said East line of Mill Street from the point of beginning; thence southerly along said parallel line, 79.86 feet to the point of beginning, and also that part of said Northwest Fractional Quarter described as follows: Commencing at a point on the East line of Mill Street which is 63.0 feet South of the center line of the Burlington Northern Railroad main track, thence V.: southerly along said East line, 75.90 feet; thence easterly parallel with the North line of Van Emmon Street, 247.50 feet, thence northerly parallel with said East line 28.21 feet to the northerly line of a tract of land conveyed to Robb Container Corporation by a Warranty Deed recorded September 8, 1972 as Document No. 724201 extended westerly, thence easterly along said extended northerly line and said northerly line, which forms an angle of 90 02959"with the last described course, measured counter-clockwise therefrom, 149.0 feet for a point of beginning; thence westerly along the last described course, 149.0 feet; thence northerly parallel with said East line of Mill Street, 56.22 feet to a point which is 10.0 feet, normally distant, southerly of side track number 2 of the Burlington Northern Railroad, thence easterly along a e line which if extended 210.89 feet would terminate at a point 30.0 feet, normally distant, southerly of the center line of the main track of said railroad, 150.55 feet to a line drawn northerly, parallel with said East line of Mill Street from the point of beginning; thence southerly along said parallel line, 76.52 feet to the point of beginning all in the United City of the Villa^e of Yorkville, Kendall County, Illinois as shown by the plat hereon drawn which is a correct representation of said survc Dated at Yorkville, Illinois October 2, 1995. f' James M. Olson Illinois Professional Land Surveyor No. 2253 James M. Olson Associates, Ltd. 107 West Madison Street STATE OF ILLINOIS ) 3.27.97 COUNTY OF KENDALL ) FOX MILL LANDING UNITED CITY OF YORKVILLE PLANNED UNIT DEVELOPMENT AGREEMENT NOW COMES DEVELOPER., FOX MILL LANDING, L.L.C., Owner-Developers (the "Developer") of certain real property described in the attached Exhibit "A" and the United City of Yorkville, an Illinois Municipality who do hereby enter into this Planned Unit Development Agreement to supplement and in addition to the Petition for zoning, Zoning Ordinance, Subdivision Control Ordinance and drawings submitted therewith 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 agree as follows: 1. WHEREAS,each party agrees that it is in the best interest of the Developer and the City to develop the subject real property described in the attached Exhibit "A" as a Planned Unit development establishing an unique open space character with green areas and recreation improvements in conjunction with the United City of Yorkville City Council to provide for the orderly flow of traffic throughout the development; and 2. WHEREAS, each party agrees that it is in the best interest of the local governmental bodies affected and the Developer 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 developing said real property; and 4. WHEREAS, the Developer has agreed to perform certain conditions substantially above those requirements made by the United City of Yorkville; screening from the railroad tracks and the installation of storm sewer benefitting more than the subject Property. NOW THEREFORE, the parties agree as follows: A. The existing zoning on the subject property is hereby amended by changing the zoning classification of the Property from B-2 General Business and R-4 General Residence District-Special Use to R-4 General Residence District P.U.D. as designated on the attached Final Plan attached hereto as Exhibit `B" and incorporated herein by this reference (the "Final Plan"). B. The development of the Property shall be governed by the provisions of the R-4 General Residence District with the following variations: 1. Lot sizes shall be set out and calculated on the Final Plan. 2. Front, Side and Rear Yards and lot coverage shall be as set out on the Final Plan. 3. The number of off street parking spaces per unit shall be as set out on the Final Plan. C. The property is intended to be developed in two phases as shown as the Final Plan as "Phase V and "Phase 2". The Developer's obligation to construct Phase 2 shall be subject to and contingent upon the Developer acquiring title to that portion of the 2 Property currently owned by Burlington Norther Railroad and further described on Exhibit "C" attached hereto (the "Railroad Spur"). D. The Developer shall install a split-rail fence along the north line of the Property as shown on the Final Plan. Provided, however, until such time as the Railroad Spur shall be acquired by the Developer and Phase 2 shall be constructed, the split-rail fence shall be located along the south line of the Railroad Spur on that portion of the Property currently owned by the Developer. E. Water shall be provided to the Property from the existing water main in Mill Street as shown on the Final Plan. The water system on the Property shall not be a looped system, provided, however, the Developer shall be obligated to grant any necessary and appropriate easements or licenses to the owner of property adjacent to and east of the Property (commonly known as the"Robb Container Property") to utilize the water system to be installed that the Property as part of a looped system through the Robb Container Property. The Developer shall have no obligation to pay for any portion of the cost of installing such a looped system on the Robb Container Property. If developer does become owner he will be responsible for the cost of installing the looped system. F. Sanitary and storm sewer facilities shall be provided to the Property as follows: 1. The sanitary sewer serving the Property shall tap into the existing 12-inch sanitary sewer existing in Mill Street as shown on the Final Plan. 2. The storm sewer serving Phase 1 shall tap into the existing storm sewer in Mill Street. If the Developer shall construct Phase 2, then a new storm sewer 3 shall be constructed in Mill Street in accordance with the following terms and conditions: a. The Developer shall purchase at Developer's sole cost and expense , subject to the recapture provisions set forth herein, all materials for a storm sewer in conformance with City standards. The Developer shall install such storm sewer in Mill Street, at the Developer's sole cost and expense, from the Property to the centerline of Hydraulic Avenue; and the City shall install such storm sewer, at City's sole cost and expense, in Mill Street from the centerline of Hydraulic Avenue to the River, as set out in Engineering Plans to be approved with Final Engineering Plans by the City. b. The City agrees to require the owner or developer of any property that shall attach its storm sewer to such newly installed storm sewer to pay a recapture fee for the benefit of the Developery*n-a4d4ierte .i be chaiged by the c pe for t a t - t land an or- W p..r���iden+ia"-@•� •�nL Any and all recapture fees e.shall be paid to the Developer by the future owners benefitting from and hooking into said storm sewer. Said recapture shall be negotiated and subject to a separate agreement approved by the City Council. Notwithstanding anything to the contrary herein, the City shall not be obligated or required, at any time, to pay a recapture fee as a result of 4 the City's attachment of any City-owned property into such newly installed storm sewer. G. The Developer shall dedicate and the City shall accept upon completion and inspection by the City, as public facilities, all water and sewer facilities to be installed and constructed on the Property as shown on the Final Plan. The Developer shall grant such necessary and appropriate easements as may be required to provide the City access to such facilities for maintenance, repair or removal. H. Developer agrees that a Special Service Area shall be created to maintain all the common elements on the site including but not limited to street lights, frontage road, fences etc. Developer agrees that a Special Services Area will be created to maintain the common elements in the event the property owner fails to do so. I. That this Agreement shall be in full force and effect from and after its execution by the parties hereto. IN WITNESS WHEREOF the undersigned parties have executed this agreement this 494 day of , 1997. UNITED CITY OF YORKVILLE FOX MILL LANDING, L.L.C. MAYOR DEVELOPER ATTEST: (ir-C Q&u4j� ITY LERK�~-- 5 the City's attachment of any City-owned property into such newly installed storm sewer. G. The Developer shall dedicate and the City shall accept upon completion and inspection by the City, as public facilities, all water and sewer facilities to be installed and constructed on the Property as shown on the Final Plan. The Developer shall grant such necessary and appropriate easements as may be required to provide the City access to such facilities for maintenance, repair or removal. H. Developer agrees that a Special Service Area shall be created to maintain all the common elements on the site including but not limited to street lights, frontage road, fences etc. Developer agrees that a Special Services Area will be created to maintain the common elements in the event the property owner fails to do so. I. That this Agreement shall be in full force and effect from and after its execution by the parties hereto. IN WITNESS REOF the undersigned parties have executed this agreement this 4Z dayda of ' 1997. of CITY OF YORKVILLE FOX MILL LANDING, L.L.C. L MAYOR ER ATTEST: OI Z� CITY CLERK 5 Prepared by and return to: Law Offices of Daniel J. Kramer 1107A S. Bridge Street Yorkville, Illinois 60560 (630) 553.9500 FACLIENTSTITYOFYOTOXMILLTUD 6 State of Illinois: •SS County of Kendall - This is to certify that we, James M. Olson Associates, Inc . have surveyed That part part of the Northwest Quarter of Section 33. Township 37 North, Range 7 East of the Third Principal Meridian descri- bed as follows: Commencing at a point on the north line of Van Emmon Street at the Southeast Corner of Block x of Black ' s Addition to Yorkville; thence easterly along said north line 170.0 feet; thence northerly, parallel S� with the east line of said Block 5 of said Black ' s Addition, 120.0 feet; thence easterly, parallel with said north line of Van Emmon Street. 51 .0 feet for the point of beginning; thence easterly parallel with said north line of Van Emmon Street, 80.33 feet to the west line of Lot 12 of said Section 33, according to the plat thereof recorded in Plat Book 3 at Page 96; thence southerly, along $aid west line, 120.17 feet to said north line of Van Emmon Street; thence westerly, along said north line, 76.52 feet to a point which is 220.0 feet (measured along said northerly line) easterly of said Southeast corner of Block 5; thence northerly 120 n2 feet to the point of beginning in the United City of the Village of Yorkville, Kendall County, Illinois, as shorn by the plat hereon drawn which is a correct representation of said survey. Dated at Yorkville, Illinois June 12, 1990 James M. Olson, Illinois Professional Land Surveyor No. 2253 1 canopy �4.9's \� conoNrs 1 ` wait ♦.- \\ . Wd. 7 �\ h a w°I� : A v^ 1 a O Indicates /roa Stab Sat $ ti �60� - - .• s� • lndicaHs Iron SJO*& Found • o • /ndicams Lino of Fence ———ou--indicates Orerhood Utilities /36.2,5' l Street a Legal Description That part of the Northwest Quarter of Section 33, Township 37 North, Range 7 E^qt of the Third Principal Meridian described as follows: Commencing at a point he North Line of Van Emmon Street at the Southeast corner of Block 5 of Black' s Auuition to Yorkville; thence easterly along said North line, 170.0 feet for a point of beginning; thence northerly, parallel with the East line of said Block 5, a distance of 120.0 feet; thence westerly along a line drawn parallel with said North line, 53.67 feet to a point which is 185.0 feet westerly, as measured along said parallel line, of the East line of Lot 13 of said Section, as said lot is depicted on a plat of survey recorded in Book 3 of Plats, Page 96 and as occupied and monumented; thence northerly, parallel with said East line of said lot, 84.87 feet to a line drawn westerly, parallel with the main track tangent centerline of the Burlington Northern Railroad from a point on the East lj,ge of said lot which is 115.0 feet southerly of the intersection of said East line with the centerline of said main track; thence easterly along said line, parallel to said main track, 32.52 feet to the Southeast corner of a tract of land conveyed to Allan Brady by Document No. 77-4545; thence northerly along the East line of said Brady tract , 76.52 feet to the Northeast corner thereof; thence easterly along the northerly line of said Brady tract extended, 60.34 feet to a point which is 30.0 feet, normally distant, southerly of the center line of said main track; thence easterly parallel with said centerline, 56.82 feet to a point of curvature; thence easterly, concentric with said centerline, being along a tangential curve to the right having a radius of 5,699.65 feet, an arc distance of 41 .45 feet , to said East line of Lot 13; thence southerly along said East line, 292.72 feet to said North line of Van Emmon Street; thence westerly along said North line, 126.52 feet to the point of beginning; less and except part conveyed by Deed recorded July 3, 1990 as Document No. 9042819 and also that part of Lot 12 (sometimes called Sub. Lot 12) in Section 33, Township 37 North, Range 7 East of the Third Principal Meridian, which lies South the Chicago, Burlington and Quincy Railroad right-of-way and North of Van Emmon 'et, in the Village of Yorkville, in Kendall County, Illinois and containing in all, 1 .8826 acres. hob State of Illinois :SS County of Kendall: This is to certify that we, James M. Olson Associates, Illinois Professional Land Surveyors have surveyed and located the improvements on that pat of the Northwest Fractional Quarter of Section 33, Township 37 North, Range 7 East of ° Third Principal Meridian and part of Block 5 in Black's Addition to Yorkville described as follows: Commencing at a po on the East Line of Mill Street which is 63.0 feet South of the center line of the Burlington Northern Railroad main track, o thence southerly along said East line, 75.90 feet; thence easterly parallel with the North line of Van Emmon Street, 247.50 feet for a point of beginning; thence westerly parallel with said North line, 7.50 feet; thence southerly 54.73 feet to a point on the East line of said Block 5 which is 120.0 feet northerly of the Southeast Corner of said Block; thence westerly parallel with said North line, 60.0 feet; thence westerly parallel with said center line 97.66 feet; thence northerly at right angles to the last described course, 133.48 feet to a line drawn easterly, parallel with said railroad center line from said point of commencement; thence easterly along said parallel line, 164.0 feet to a line drawn northerly, parallel with said East line of Mill Street from the point of beginning; thence southerly along said parallel line, 79.86 feet to the point of beginning, and also that part of said Northwest Fractional Quarter described as follows: Commencing at a point on the East line of Mill Street which is 63.0 feet South of the center line of the Burlington Northern Railroad main track; thence -�: southerly along said East line, 75.90 feet, thence easterly parallel with the North line of Van Emmon Street, 247.50 feet; thence northerly parallel with said East line 28.21 feet to the northerly line of a tract of land conveyed to Robb Container Corporation by a Warranty Deed recorded September 8, 1972 as Document No. 724201 extended westerly; thence easterly along said extended northerly line and said northerly line, which forms an angle of 90 02959" with the last described course, measured counter-clockwise therefrom, 149.0 feet for a point of beginning; thence westerly along the last described course, 149.0 feet; thence northerly parallel with said East line of Mill Street, 56.22 feet to a point which is 10.0 feet, normally distant, southerly of side track number 2 of the 9urlington Northern Railroad, thence easterly along a line which if extended 210.89 feet would terminate at a point 30.0 feet, normally distant, southerly of the center line of the main track of said railroad, 150.55 feet to a line drawn northerly, parallel with said East line of Mill Street from the point of beginning; thence southerly along said parallel line, 76.52 feet to the point of beginning all in the United City of the V' e of Yorkville, Kendall County, Illinois as shown by the plat hereon drawn which is a correct representation of said surVV Dated at Yorkville, Illinois October 2, 1995. f" James M. Olson Illinois Professional Land Surveyor No. 2253 James M. Olson Associates, Ltd. 107 West Madison Street