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Ordinance 1983-07 _ FHD: sb FILED FOR RECORD' KENDALL COUNTY ILL! APR 2 9 1983 ORDINANCE NO. l ff,3 ` 7 Q lAsd �� RECORDER OF DEEDS AN ORDINANCE OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE APPROVING AN ANNEXATION AGREEMENT FOR THE DEVELOPMENT KNOWN AS er✓ WILDWOOD AND AUTHORIZING THE MAYOR ING AND CLERK TO EXECUTE THE SAME WHEREAS, the Northern Trust Company, not individually but as Trustee under Trust No. 2-44473 , pursuant to a Trust Agreement executed the 15th day of December, 1975 , has petitioned the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE to enter into an Annexation Agreement; and WHEREAS, various public meetings have been held and examination of the proposed development has been conducted by the Planning Commission, Impact Committee, and City Council, acting as a committee of the whole, and acting as a public hearing body for the Preannexation Agreement, pursuant to Section 11-15 . 1-3 , Chapter 24 , Ill. Rev. Stats . (1981) , after the requisite public notice therefor; and WHEREAS, the Mayor and City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE, after due deliberation and considera- tion, consider that the attached Annexation Agreement is in the best interests of the UNITED CITY OF THE VILLAGE OF YORKVILLE and therefore wish to accept and approve the same and direct the Mayor f,3 -7 and Clerk to execute the same for and on behalf of the Municipality. NOW, THEREFORE, BE IT ORDAINED BY the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE that the attached Annexation Agreement for annexation of the development known as "WILDWOOD" to develop and annex the property as described upon the attached Annexation Agreement be and the same is hereby approved. BE IT FURTHER ORDAINED by the City Council of the UNITED CITY OF THE VILLAGE OF YORKVILLE that the Mayor and the Clerk, pursuant to Section 11-15 .1-3 of Chapter 24 , Ill . Rev. Stats . (1981) , make and execute the attached Annexation Agreement . PASSED this /�//7t-day of �L A.D. 1983 . " ,. ltd•-1 City Clerk APPROVED this day of , A.D. 1983 . jr -2- -'3-7 S'l ATE OF ILLINOIS COUNTY OF COOK SS 1, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY _ERTIFY that Robert A. Bailey and Eugene R. Kerr personally known to me to be Second Vice President and Assistant Secretary, respectively, of THE NORTHERN TRUST COMPANY, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me in person and severally acknowledged that as such Second Vice President and Assistant Secretary, they signed and delivered the said instrument as Second Vice President and Assistant Secretary of THE NORTHERN TRUST COMPANY and caused the corporate seal of THE NORTHERN TRUST COMPANY to be affixed thereto as their free and voluntary act and the free and voluntary act and deed of THE NORTHERN TRUST COMPANY as trustee as aforesaid, for the uses and purposes therein set forth. GIVEN under my hand and official seal, this 22nd day of APRIL 1983 Ary lic Ex piration: June 9 , 1984 t� c � TRUSTEE' S DEED - The Grantor, ':^HE NORTHERN TRUST COMPANY, an Illinois corporation, of Chicago, Illinois, as trustee under Trust Number 2-44473 , for and in consideration of Ten Dollars ($10 . 00) and other good and valuable consideration, and pursuant to the power and authority given it as such trustee conveys and quitclaims to THE UNITED CITY OF THE VILLAGE OF YORKVILLE, a body corporate and politic, of City of Yorkville, Kendall County, Illinois, all interest in the following real estate situated in the County of Kendall, State of Illinois : That part of the Southwest Quarter of Section 4 , Township 36 North, Range 7 East of the Third Principal Meridian, described by commencing at the Northwest corner of said Section 4 ; thence South 89040 ' 05" West along the North Line of the Northeast Quarter of Section 5, 655. 52 feet to the tangent center line of Illinois State Route No. 47 extended from the South; thence South 01044107" East along said tangent center line and said tangent center line extended 3, 511 .16 feet; thence North 89029 '40" East, 548 . 60 feet; thence South 04021 ' 07" East, 345. 0 feet for the point of beginning; thence North 04021107" West, 345. 0 feet; thence North 03040149" East, 122. 14 feet; thence South 82000149" East, 30 . 08 feet; thence South 03040149" West, 117 . 78 feet; thence South 04021 ' 07" East, 349. 10 feet to a line drawn South 82039120" East from the point of beginning; thence South 82039 ' 20" East, 229. 36 feet; thence South 07020140" West, 145. 0 feet; thence South 76044121" West, 227 . 96 feet to a line drawn South 04021107" East from the point of beginning; thence North 04021 ' 07" West, 230. 0 feet to the point of beginning, in Kendall Township, Kendall County, Illinois, containing 1 . 349 Acres, Parcel Number : NEW NUMBER TO BE ASSIGNED The Grantor executes this deed as such trustee and not individually, and is not to be held liable in its individual capacity in any way by reason of this deed. Any recourse under and by virtue of this deed shall be against the trust estate only. IN WITNESS WHEREOF, the Grantor has caused its name to be signed and its corporate seal affixed by its duly authorized officers, this 22nd day of Apri.l 1983 . ATTEST THE NORTHERN TRUST COMPANY By— et,. y s }c "'-c° president. not persaonally, but as trust aforesaid This instrument preapred by: Dallas C. Ingemunson Future Tax Bills to: Attorney at Law 226 S. Bridge St. , City of Yorkville P.O. Box 578 610 Tower Lane Yorkville, Illinois 60560 Yorkville, Illinois 60560 `V3 74 �SgIS'OUR> �� v Wa IVW �MoEb N 1 The United City of the Village of .Yorkville Land-Cash Contributiola ; Ordlnance � ��r} ` r `x.a EXHIBIT "5" SS I5 0 u .. • QQ, d t � �� Y ./ ;tw O3 . R _I.+A K - V I j L L E ,d OG`E O i/e CITY of YORKVILLE County Seal of Kendall County MAYOR Leroy A. Thanepohn CLERK Olga L. Schneider TREASURER Marilyn J. Merkel ALDERMEN First Ward Frank Wolff Larry A. Beach Second Ward Dan Hanback Blaine Harker Third Ward Hershel D. Smith Roger Simmons Chief of Police Winfred Prickett Superintendent of Waterworks and Streets Elden Madden City Attorney Fred Dickson Prepared by: James Clarage & Associates SECTION 1 Dedication of Park Lands and School Sites or For Payments of Fees in Lieu Thereof As a condition of approval of a final plat of subdivision, or of a final plat of a planned unit development, each subdivider or developer will be required to dedicate land for park and recreational purposes and land for school sites, to serve the immediate and future needs of the residents of the development, or cash contribution in lieu of actual land dedication or a combination of both at the option of the City, in accordance with the following criteria and formula: A. Criteria for Requiring Park and Recreation Land Dedication. 1. Requirement and Population Ratio. The ultimate density of a proposed development shall bear directly upon the amount of land required for dedication. The total requirement shall be 6.5 acres of land per 1,000 of ultimate population in accordance with the following classifications: Types of Minimum Acres Per Recreation Area Size Range 1,000 People (a) Play Lot Minimum 8,000 Sq. Ft. Not Applicable. (b) School-Park (Neighborhood Playground) Minimum Park of 5 Acres 1.25 (c) Neighborhood Park Minimum 31/z Acres 1.0 (d District-Wide Park Minimum 4 Acres or Play Field up to 30 Acres 1.25 (e) Community Wide Minimum 12 Acres Recreation Park up to 30 Acres 3.0 Total 6.5 Acres of Land per 1,000 People. 2. Credit for Private Open Spaces and Recreation Areas. When subdividers or developers provide their own open space for recreation areas and facilities, it has the effect of reducing the demand for local public recreational services. Depending on the size of the development a portion of the park and recreation area in subdivisions or planned unit developments may, at the option of the City Council, be provided in the form of "semi-private"* open space in lieu of dedicated "public" open spare. The extent of same shall be determined by the City Council based upon the needs of the projected residents, and in conformance to thn total park and recreation land for the general area. * A semi-private open space would be described as a "mini-park area" within a development and used primarily by the residents of that development. AN ORDINANCE FOR THE CITY OF YORKVILLE TO PROVIDE FOR DEDICATIONS OF PARK LAND, SCHOOL SITES OR FUNDS OR ITS EQUIVALENT IN LIEU THEREOF WHEREAS, in recent years the City of Yorkville has experienced a rapid population increase due principally to the subdivision and planned unit development of vacant land within the jurisdiction of the City; and WHEREAS, a planning study has indicated that such population growth will accelerate during the next ten years resulting in the rapid disappearance of available land and the marked increase in land values; and WHEREAS, the City has found that healthful, productive community life depends in part on the availability of recreational and park space and adequate school facilities; and WHEREAS, it is hereby found and °determined that the public interest, convenience, health, welfare and safety requires that a minimum of 6.5 acres of land for each 1,000 persons residing within this City be devoted to park and recreational purposes; and WHEREAS, it is hereby found and determined that the public interest, convenience, health, welfare and safety require the establishment of school sites within the City in accordance with the following criteria which is consistent with the minimum site recommendations of the Office of the State Superintendent of the Illinois Office of Education and the School Districts operating within the jurisdiction of the City: 600-capacity elementary schools on eleven (11) acres of land. (Illinois Office of Education Standards -minimum of five (5) acres plus an additional acre for each 100 pupils of predicted enrollment). 750-capacity junior high schools on twenty-eight (28) acres of land. (Illinois Office of Education Standards-minimum of twenty (20) acres plus an additional acre for each 100 pupils of predicted enrollment or an appropriate number of acres per 100 pupils of predicted enrollment). 1,500-capacity high school schools on forty-five (45) acres of land. (Illinois Office of Education Standards-minimum of thirty (30) acres plus an additional acre for each 100 pupils of predicted enrollment); and WHEREAS, demographic studies of the residential portions of a proposed subdivision or planned unit development can be readily and scientifically conducted to determine the number of elementary and secondary school-age children and adults to be generated therefrom, and provide a method whereby the required dedications of land directly attributable to the activity of the sub-divider-developer and the proposed subdivision or planned development may be calculated; and WHEREAS, it has been found and determined that the location of park and recreation and school sites to serve the immediate and future needs of residents and children of each: new subdivision, mobile home park, or planned unit development is just as essential to proper land development as are streets, water, sewers and sidewalks, and to that end the City of Yorkville has determined that the dedication of land for -park and recreation 'and school- sites 'or cash contributions in lieu of actual land dedication (where the latter is deemed impractical) or a combination of both. shall be required of each subdivider, or developer of a planned unit development. NOW. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF' YORKVILLF.. KENDALL COUNTY. ILLINOIS. as follows: In general, a substitution of semi-private open space for dedicated parks will imply a substantially higher degree of improvement and the installation of recreational facilities, including equipment by the developer as part of his obligation. Detailed plans of such areas, including specifications of facilities to be installed must be approved by the City, and before any credit is given for private recreation areas, the subdivider or developer must guarantee that those semi-private recreation areas will be permanently maintained for such use by the execution of the appropriate legal documents. Private "swimming clubs" are included in this provision. A copy of "Suggested Criteria for Swimming Pool Development" as adopted by the Yorkville City Council shall be used for the guidance of the developer. When an adjustment for private . recreation areas is warranted, it will be necessary to compute the total part:.; land dedication that would have been required from the subdivision or planned unit development and then subtract the credit to be given. B. Criteria for Requiring School Site Dedication. 1. `Requirement and Population Ratio The ultimate number of students to be generated by a subdivision or planned unit development shall bear directly upon the amount of land required to be dedicated for school sites. The land dedication requirement shall be determined by obtaining the ratio of: (a) estimated children to be served in each such school classification over the (b) maximum recommended number of students to be served in each such school classification as stated herein, and then applying such ratio to the (c) said minimum recommended number of acres for a school site of each such school classification as stated herein. The product thereof shall be the acres of land deemed needed to have sufficient land for school sites to serve the estimated increased children in each such school classification. 2. School Classifications and Size of School Site. School classifications and size of school sites within the City shall be determined in accordance with the following criteria: Minimum Number of Maximum Number of Acres of Land for Each School Classification Students for Each Such School Site of Such by Grades School Classification Classification Elementary Schools Grades- Kindergarten through 6th 600 Students 11 Acres Junior High Schools Grades 7th through 8th 750 Students 28 Acres High Schools Grades 9th through 12th 1,500 Students 45 Acres 3. Location. The Comprehensive School Plan and/or the appropriate standards adopted by the affected School District shall be used as a guideline in locating sites. A large map of the school district, identifying the general vicinity planned for future school sites will be located in the school district's office. C. Criteria for Requiring a Contribution in Lieu of Park and School Sites. Where the development is small and the resulting site is too small to be practical or when the available land is inappropriate for park and recreational purpose or a school site, the City shall require the subdivider or developer to pay a cash contribution in lieu of the land dedication required. The word small in this section is defined as a total number of proposed dwelling units that will produce less than the maximum number of students for one school of each schoo" classification as set forth in Section 2. School Classifications and Size of School Site. The cash contributions in lieu of park and recreation land dedication shall be held in trust by the City, or other public body'designated by the City, solely for the acquisition of park and recreation'land`as hereinbefore classified, which will be available to serve the immediate or future needs of the residents of that subdivision or,development or for the improvement of other existing local park and recreation land which already serves such needs. The cash contributions in lieu of school sites shall be held in trust by the City, or other public body designated by the City, solely for use in the acquisition-of land for a'school site to serve the immediate,or future needs of children from, subdivision or development or for the improvement or expansion to any existing school site which already serves such needs, but not for the construction of any school buildings or additions thereto. If any portion of a cash contribution in lieu of park and recreation land dedication, or cash contribution in lieu of school site is not expended for the purposes set forth herein within ten years from the date of receipt, it shall be refunded to the developer who made such contribution. 1. Fair Market Value. The cash contributions in lieu of land shall be based on the "fair market value" of the acres of land in the area improved that otherwise would have been dedicated as park and recreation and school sites. It has been determined that the present "fair market value" of such improved land it and surrounding the City is$15,000.00 per acre and such figure shall be used in making any calculation herein unless the subdivider or developer files a written objection thereto. In the event of any such objection the developer shall submit an appraisal showing the "fair market value" of such improved land in the area of his development or other evidence thereof and final determination of said "fair market value" per acre'of such improved land shall be made by the City Council based upon such information submitted by the subdivider or developer and from other sources which may be submitted to the City Council by the School District or others. 2. Criteria for Requiring Dedication and a Fee. There will be situations in subdivisions or planned unit developments when a combination of land dedication and a contribution in lieu of land are both necessary. These occasions will arise when: (a) Only a portion of the land to be developed is proposed as the location for a park or school site. That portion of the land within the subdivision falling within the park or school location shall be dedicated as a site as aforesaid, and a cash contribution in lieu thereof shall be required for any additional land that would have been required to be dedicated; (b) A major part of the local park or recreation site or schoolsite has already been acquired and only a small portion of ,land is .:needed from the development to complete the site. The remaining portions shall be required by dedication, and a cash contribution in lieu thereof shall be required. D. Density Formula. The attached table, marked as Table No. 1, the same being an Estimated Ultimate Population Per Dwelling Unit, is generally indicative of current and short range projected trends in family size for new construction and shall be used in calculating the amount of required dedication of acres of land or the cash contributions in lieu thereof unless a written objection is filed thereto by the subdivider or developer. In the event a subdivider or developer files a written objection to the Table of Estimated Ultimate Population Per Dwelling Unit, attached hereto, he shall submit his own demographic study showing the estimated additional population to be generated from the subdivision or planned unit development and in that event final determination of the-density formula to be used in such calculations shall be made by the City Council, based upon such demographic information submitted by the subdivider or developer and from other sources which may be submitted to the City Council by the School District or others. It is recognized that population density, age distribution and local co nditions'change over the years;'and the specific formula for the dedication of land, or the payment of fees in lieu thereof, as stated herein is subject to periodic review and amendment if necessary. E. Reservation of Additional Land. Where the School District's comprehensive plan or the standards of the City call for a larger amount of park and recreational land or school sites in a particular subdivision or planned unit development than the developer is required to dedicate, the land needed beyond the developer's contribution shall be reserved for subsequent purchase by the City or other public body designated by the City, provided that such acquisition is made within one year from the date of approval of the final plat. F. Combining with Adjoining Developments. Where the subdivision or planned unit development is less than 40 acres, public open space or a school site which is to be dedicated should, where possible, be combined with dedications from adjoining developments in order to produce usable recreation areas or school sites without hardship on a particular developer. G. Topography and Grading. The slope, topography and geology of the dedicated site as well as its surrounding must be suitable for its intended purposes. Grading on sites dedicated for park and recreational uses shall not differ greatly from surrounding land. H. Improved Sites. All sites shall be dedicated in a condition ready for full service of electrical, water, sewer and streets (including enclosed drainage and curb and gutter) as applicable to the location of the site, or acceptable provision made therefor. The sidewalks and trees normally included within the definition of ''improved" sites may be deleted due to the delay time between dedication of any such school site and construction of school facilities thereon. I. Time of Conveyance or Payment. The subdivider or developer shall convey to the respective school districts the land required under this agreement within thirty days after any subdivision plat or final plat of a planned unit development is recorded in the County Clerk's office, or a conditional use permit is granted by the City Council. All improvements shall be completed within such time as required by the City. A subdivider, developer or builder shall make each cash contribution required under this ordinance directly at the Administrative Offices of the School District wherein the development, subdivision or building is located. Said School District shall issue a receipt as evidence of said payment. The City will not issue the Certificate of Occupancy to the subdivider, developer, or builder without said receipt of payment. SECTION 2 The dedications of land or cash contributions in lieu thereof required by this to th Ordinance shall also be required as a condition to the annexation of any land at on City and provisions therefor shall be incorporated in any p a agreement governing such land. SECTION 3 This Ordinance shall be applicable only to building lots, as defined by the present Building Code and Zoning Ordinance, created by a division of an existing tract or parcel of land or by platting subsequent to. .the effective date of this' Ordinance. SECTION 4 If any provisions of this Ordinance, or the application thereof to any person or circumstances, is declared invalid by a court of competent jurisdiction, such partial invalidity shall not affect other provisions or applications of this Ordinance, which can be given effect without this Ordinancevare declar ed to lbe coverablend to this extent the provisions o t SECTION 5 That this Ordinance shall be in full force and efhiet form by authority of the Cy y provided by law and shall be published in amp Council of the City of Yorkville. PASSED this 1st day of December, 1977. Olga L. Schneider City Clerk SIGNED and APPROVED this 1st day of December, 19 LeRoy E. Thanepohr, Mayor D. THE TOTAL RECREATION SPACE Standards are...Local & Urban Areas . . . . . . . .10 Acres per 1,000 Persons Regional Areas . . . . . . . . . . . . . .20 Acres per 1,000 Persons TOTAL . . . . . . . . . . . . . . . . . . . .30 Acres per 1,000 Persons E. FIFTY PERCENT (50%) of all Urban Recreation Acreage should be devoted to Active Recreation Use. SOURCES: Administration of Parks and Recreation `Krause National Recreation Association Recreation Areas: Their Design and Equipment - Butler Standards for Municipal Recreation Areas - Recreation/Butler Introduction to Community Recreation - Butler Guide for Planning Recreation Parks in California Mandatory Dedication of Land or Fees - In Lieu of Land for Parks and Schools - M.E. Brooks Analyzing the Impact of Development - Urban Land Institute * NATURAL PRESERVES include forest preserves, green belts, regional parks and open space. PARK &RECREATION FACILITIES CALCULATION SUMMARY — FIRST YEAR COSTS METHOD YEAR 1995 DESIGN POPULATION FORECAST . . . . . . . . . . . . . . . .20,000 PRESENT POPULATION OF STUDY AREA . . . . . . . . . . . . . . . . . 8,600 ESTIMATED INCREASE . . . . . . . . . . . . . . . . . . . . . . . . . . . . = 11,400 People TOTAL COST INCREASES (1995 DESIGN) Land Purchases $1,111,500.00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Facilities & Site Improvements . . . . . . . . . . . . . . . . . .1,319,700.00 First Year Operating Salaries 96,000.00 COST INCREASE TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . = $2,527,200.00 COST PER PERSON $2,527,200 _ 11,400 People . . . . . . . . . . . . . . . . . . . . . . . . = $221.70/Person COST PER SINGLE FAMILY HOUSE 3.7 People/Unit X $221.70/Person . . . . . . . = $820.20 Per S.F. House COST PER APARTMENT UNIT 2.1 People/Unit X $221.70/Person . . . . . . . . . . . . = $465.60 Per Apt. Unit. PARK &RECREATION FACILITIES SUMMARY &CONCLUSIONS 1. Within the BACKGROUND REVIEW Sheet, the following Standards were concluded for Park & Recreation Areas: Local & Urban . . . . . . . . . . . . . . . . . . . . . . . .10 Acres / 1,000 Persons Regional . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20 Acres / 1,000 Persons TOTAL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .30 Acres / 1,000 Persons 2. For the purposes of this study, the regional requirements will be omitted because they are currently being met or will be met by the County and State. 3. The remaining area requirements are therefore Local &Urban . . . . . . . . . . . . . . . . . . . . . . . .10 Acres / 1,000 Persons 4. Taking into account the Yorkville area, with its many existing open space facilities, the above Standards could be reduced if the quality of new recreational sites would remain high. The recommendation for minimum acceptable recreation space should be: Yorkville Area . . . . . . . . . . . . . . . . . . . . . . . .6.5 Acres/ 1,000 Persons 5. This amount of 6.5 acres per 1,000 persons is recommended for the public welfare and developments within the community. It is also noted that this Standard of 6.5 acres has also been determined by other communities after careful study and that the City of Yorkville is not requesting or adopting Standards which are contrary to Municipal Recreation Standards. BACKGROUND REVIEW STANDARDS FOR GROSS RECREATION ACREAGE A. THE GENERALLY ACCEPTED STANDARD For Recreation Space . . . . . . . . . . . . . . . . . . . . . . . . . .1 Acre per 100 Persons 10 Acres per 1,000 Persons B. THE NATIONAL RECREATION ASSOCIATION Recommends Higher Standards For Smaller Communities: 1,000 to 2,500 . . . . . . . . . .1 Acre per 50 Persons 20 Acres per 1,000 Persons Under 1,000 . . . . . . . . . . . .1 Acre per 40 Persons 25 Acres per 1,000 Persons C. In Addition, NATURAL PRESERVES* M ., should comprise extra space at . . . . . . . . . . . . . .1 Acre per 50 Persons 20 Acres per 1,000 Persons Copied from "ADMINISTRATION OF PARKS AND RECREATION" Textbook written by Krause RECRE.,TUox F.+Cit:nFs Fac�1:h• F•.:ncttor.�! C^nb:r.at:-_ Planning Area Name Standard Name Scan'ar�. Neighborhood Playlot 1,501-x,000 (local) square feet 1 Neichborhood 1 acre per 800 f Pla.^.round- Di acres per playground population park 1.000 popu- Neighborhood 1 acre per 1,000� lation park population Community Playfield 1 acre per 800 Plav6eld- 2)i acres per (local) population 1 park 1,000 popu- Cvmmuni ty lation oLi- ooR RFCRF-.-noN FACnJTLF-s—SPACE REQL-GkENm-4Ts park — Large park ' Over 100 acres Large recrea- 5 acres per Dmensions Standard per tion park 1,000 popu- Facility Area Recommended Population , lation Region Reservation Over 1,000 20 acres per Arboretum - - 1 for each 10,000 acres °° p p u- Archery range 300' 50 x 430' 1 for each 1,800 Forest pre- Reservation lah o Baseball diamond 90' diamond 300' X 300' 1 for each 6.000 Bicycie trail - - 1 for each 2,500 servo - Parkways - Parkes-ays - Bridle trail - - 1 for each 2„500 Greenbelts - Creenbelts - Bowling green 14' X 110' 120' X 120' 1 for each 1.5Q0 Boating facility - - 1 for each 3,500 Band shell - - 1 for each 10,000 Botanical garden - - 1 for each 10,000 Basketball court 50' X 94' 60' X 150' _ CO."L-(t.-?rr1Y-CEVTLR-BUIID[YC SPACE REQvrnC%CCrTs Boccie area •18' X 62' 30' X 80' - Croquet area 30' X 60' 30' X 6(t - Adjoining Junior or Separate Structure Casting pool - - 1 for each 2,500 Senior High School in Play6eld-Park Camp - - 1 for each 10,000 Facility (square feet) (square feet) Football field 160' x MY 180' X 420' - Handball court 20' X 34' 30' X 45' 1 for each 1,500 arts-and-wafts rooms 4.000 Fforsehoe area 40' spacing 12' X 50' _ Science study rooms 4,000 Roque court 30' X 60' 30' X 60' 1 for each 1.300 Social halls 4,000 4,000 Recreation pier - - 1 for each 2,500 Multipurpose rooms 3,000 Ice-skating area - - 1 for each 3.500 Kitchen 300 . 300 ihulfieboard court 6' X 52' 10' X 64' 1 for each 1,300 Administration offices 300 300 Golf course (9 holes) 50 acres - 1 hole for each 3.;'04 Teen-agers' lounge 2,000 3,000 Co1f course (IS holes) 100 acres - _ Hallways; stonge, display, and sanitary ioccer held 210' X .;a U' 240' X 360' 1 for each 1.300 facilities 5,000 10.000 �,:rtball diamond 90' diamond 250' X '50' 1 for each 3.000 Subtotal 11,600 2',600 C'-nnis court 27, X 78' singles 547 Y 120, 1 for each '.vQO , , 36' X T3' doubles ;�Y •( 120, P1[io and Sreplace _.000 _.(1110 t for each ! 50) approaches and design 5.000 10.000 Ileyb.tll wort 10' x 60' rY '< a0' - T:;tal 19,6W f 19.51?0 f RECOMMENDED CASH OR LAND CONTRIBUTION SINGLE FAMILY HOUSE CONSTRUCTION 45% +/- of $820.20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . = $369.00/Unit MULTI-FAMILY UNIT CONTRIBUTION 45% +/- of $465.60 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . = $209.00/Unit TABLE ESTIMATED ULTIPIATE°OPULATION PER DWELLING UNIT [Grade( ing K-6,7.8,9-12[ - Type of Unit Pre-School Elementary Junior High Total High School Grades K-6 Grades 7.8 Grades K-8 Grades 9.12 Adults Total 0-4 Years 5.11 Years 12-13 Years 5.13 Years 14.17 Years 118&up] Per Unit Detached Single Family: 3 Bedroom .306 .67 .17 ,84 .30 2.00 3.446 4 Bedroom .332 .76 .26 1.02 •42 2.26 4.032 5 Bedroom .355 1.09 .45 1.54 .57 2.37 4.835 Attached Single Family (Townhouse, Row House, Quadriplea, etc.): 1 Bedroom 1.52 1.520 2 Bedroom .477 .156 .014 .17 .04 1.96 2.647 3 Bedroom .503 .513 .087 .60 .16 2.00 3.263 4 Bedroom .702 1.043 .227 1.27 .41 2.20 4.582 Low Density Apartment (to 15/acre): Efficiency 1.00 1.00 1 Bedroom • .070 .053 .016 .069 1.42 1.559 2 Bedroom .357 .246 .043 .289 .063 1.85 2.559 3 Bedroom .475 .445 .123 .668 •240 2.00 3.283 4 Bedroom .500 .750 .170 .920 .330 2.10 3.850 High Density Apartments (16+/acre): Efficiency 1.00 031 .009 .040 .007 1/11/77 I.S.C.S. 1 Bedroom .05 1.26 2 Bedroom .21 .077 .023 .100 .029 1.43 3 Bedroom .43 •177 .053 .230 .092 2.00 PARK 6 RECREATION FACILITIES SIZE - AREA CALCULATION TABLE RECOMMENDED MAXIMUM RECOMMENDED BUILDING $15,000/ACRE COST OF BUILDING TOTAL COST STUDY AREA DESIGN SITE SIZE FACILITY IMPROVED ADDITIONAL FACILITIES SITE AND 1ST YEAR TOTAL LOCATION POPULATION (ACRES) SIZE SITE COST FACILITIES COST FACILITIES STAFF SIZE STAFF COST COST d 1-South Side City 2,500 16.25 SEE BELOW $ 243,750 $ 20,000 SEE BELOW $ 263,750 3 - 5 $ 24,000 0 2-N.E. Side City 1,000 6.50 97,500 10,000 107,500 1 - 3 8,000 h 3-N.W. Side City 1,500 9.75 146,250 20,000 166,250 2 - 4 16,000 0 4-Country Side 1,000 6.50 97,500 10,000 107,500 1 - 3 8,000 0 5- Unincorporated 1,000 6.50 97,500 10,000 107,500 1 - 3 8,000 0 6-Unincorporated 1,000 6.50 97,500 10,000 107,500 1 - 3 8,000 0 7- Unincorporated 1,000 6.50 97,500 10,000 107,500 1 - 3 8,000 0 8-Unincorporated 1,000 6.50 97,500 10,000 107,500 1 - 3 89000 0 9-Unincorporated 1,000 6.50 97,500 10,000 107,500 1 - 3 8,000 1110-Unincorporated 1,000 6.50 97,500 10,000 107,500 1 - 3 8,000 1111- Unincorporated 1,000 6.50 97,500 10,000 107,500 1 - 3 8,0,10 012- Unincorporated 1,000 6.50 97,5'00 10,000 107,500 1 - 3 8,000 1113-Unincorporated 1,000 6.50 97,500 10,000 107,500 1 - 3 8,000 014- Unincorporated 1,000 6.50 97,500 10,000 107,500 1 - 3 8,000 015-Unincorporated 1,000 6.50 97,500 10,000 107,500 1 - 3 8,000 ,016- Unincorporated 1,000 6.50 97,500 10,000 107,500 1 - 3 8,000 '117-Unincorporated 500 3.25 48,750 10,000 58,750 1 - 2 8,000 #18-Unincorporated 1,000 6.50 97,50 10,000 107,500 1 - 3 8,000 019-Unincorporated 500 3.25 48,750 10,000 48,740 1 - 1 8,000 ' 1120- Boy Scout Camp -- -- -- -- -- -- -- TOTALS 20,000 130.0 ACRE 30,000 S.F. $1,950,000 5210,000 $1,200,000 $3,360,000 22 - 58 $176,000 Amounts for Increase 11,400 74.1 ACRE 30,000 S.F. 51,111,500 5119,700 $1,200,000 $2,431.200 12 - 30 S 96,000 in Population Only Population Increase Increase Size LAND-CASH CONTRIBUTION "TABLE YORKVILLE POPULATION RECOMMENDED COST PER UNIT COST UNIT COST. COMMUNITY INCREASE SITE SIZES ACRE SITE COSTS COST PER PER 3 . 7 P/U PER 2 . 1F FACILITIES TO 1995 (ACRES) IMPROVED IMPROVED PERSON SINGLE/FAMILY MULTI FAcil: 67 P U-S . F. 11Ac/ 600 Ca $ 165 , 000 $ 184 S-S . F . j ELEM. 40 P /U-M. F . p� $ 110 /S-S . F . S C H 0 0 L J . H . S . 20 P U-S . F . 28Ac/ 750 Cap. $15, 00,0 $ 420 , 000 $ 112 /S-S . F . $445 . 00 $ 211 . 00 . 10 P U-M. F . 567S-M . F . _ H . S . . 33 P U-S . F . 45Ac/1500 Cap. $ 675 , 000 $ 149 /S-S . F . I . 10 P/U-M. F . $ 45 /S-M . F . I PA R1, 11 , 400 74 . 1 $15 , 000 $ 1 , 111 , 500 $ 97 . 50 $ 309 .00 $ 209 .00 6 . 5Ac/ 1000 Tt)TALS 11 400 WILL VARY 158 . 1 SMALLER $2 )371)500 ---- $81_4 .00 $420 .00 TRACTS WILL -- C BP%T �9p.g PER ACRE . ANNEXATION AGREEMENT THIS AGREEMENT, made and entered into this-_Zy/�day of �,�,am�,�Q� 1983, by and' between THE UNITED CITY OF THE VILLAGE OF YORKVILLE, amunicipal corpor- ation, located in Kendall County, Illinois, hereinafter referred to as "CITY", and, THE NORTHERN TRUST COMPANY, As Trustee under Trust No.2-44473, pursuant to Trust Agreement executed the 15th day of December, 1975, and not individually, of Chicago, Cook County, Illinois, hereinafter referred to as "THE NORTHERN TRUST COMPANY", WITNESSETH: WHEREAS, The Northern Trust Company, (for the purposes of this Agreement references to 17h ; Northern. Trust. Company" shall in each instance mean The Northern Trust Company or its successors or assigns), isthe title holder of approximately 221 acres of land which lies Southerly of and continguous to the existing corporate limits of the City, which land is more particularly described in Exhibit 111" attached hereto and made a part hereof, and is sometimes hereinafter referred to as "SUBJECT REALTY", and, WHEREAS, The Northern Trust Company, on behalf of the beneficial owners, is desirous of preparing said real estate described in Exhibit 111" for development for residential, commercial and industrial uses, and is desirous of assuring to itself, on behalf of the beneficial owners that the land can be used for said purposes if said land is annexed to the City and subdivided, and, WHEREAS, the City is willing to annex said land to the City, and the Planning Commission and Zoning Board of Appeals have heretofore approved the proposed land use as being in the best interests of the betterment of the City, and have further approved the proposed use as requested by The Northern Trust Company, and, WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which the land described in Exhibit "1" will be annexed to the City, and, WHEREAS, on duly published notice and public hearings conducted with regard to this agreement, and after due consideration by the Planning Commission, Zoning Board of Appeals, and the City Council, and pursuant to and in accordance with the authority provided by Chapter 24, Section 11-15. 1 et seq, Illinois Revised Statutes, and in consideration of the mutual promises and covenants herein contained, the parties do hereby agree as follows: 1. ANNEXATION AND ZONING. Upon the filing with and presentation to the City of an Amended Petition for Annexation to the City, which shall occur within thirty (30) days from the date of this Agreement, the City shall adopt an Ordinance annexing to the City all the land 1 described in Exhibit "1", and also including all such property not included in the legal description which extends to the far side of any adjacent highways and roadways, and in particular, Illinois Route 47 , Illinois Route 71 and Illinois Route 126; and the City shall in said Ordinance, zone the entire SUBJECT REALTY into R-2, R- 1 (Planned Unit Development) B-1 and M-1 classifications, in accordance with the general develop- ment plan attached hereto and marked as Exhibit "2" and thereon containing designations in accordance with the foregoing classifications, all of which classifications shall permit the uses, sizes, densities, areas, coverage and maximum building heights as set forth in the Zoning Ordinance as in affect at the date of this Agreement, which Ordinance is hereby attached as Exhibit "3" and made a part hereof. The general plan marked as Exhibit "2" is intended to be a forerunner to the preliminary plan to be submitted in accordance with usual developmental procedures at some future date, and that the general configurations shown therein and in particular the roadway , shall be generally consistent in the preliminary plan with Exhibit "2". The Northern Trust Company shall comply with the provisions of the Sublivis!" Control Ordinance of the City and with all other Ordinances of the City in effect at the date of this Agreement; and it is expressly agreed that all Ordinances -relating to Subdivision Control, Zoning, Official Plan and Building, Housing and rcl.•ated restrictions which would effect the SUBJECT REALTY herein described be continued 71, effect for a term of ten (10) years from and after the date of this Annexation AlrecmO t . providing that fees as related thereto may be amended by the City in accordance with its regular procedure in the event said fees are uniformly applied to ail ' ""'t "' within the City of Yorkville and properties to be annexed to the City of Yorkville• 2. VARIATIONS FROM ZONING ORDINANCE. It is agreed by and between the parties that in connection with the developmen' of the real estate the provisions of Section 6.03 D. 1 . and 2. of the :toning Ordinance are hereby amended to provide that the lot width requirements apply at the building, line. 3. CITY EASEMENT. The parties expressly acknowledge existence of certain lands owned by the CITY and designated on Exhibit W attached hereto , for which there now cx_isys an casemunt for access thereto, and the parties expressly agree that the CITY, upon being provided access from the street shown in the M-1 classification, shall release and waive ail easement rights in and to the present easement location which now server the properc` f 1 1 ( 1 • -3- owned by the CITY. 4. EXERCISE OF POWER OF EMINENT DOMAIN. The parties hereto contemplate the obtaining of an easement to permit the construction of sanitary sewer facilities in the property now owned by Commonwealth Edison Company which extends through the Southerly portion of the City to meet the SUBJECT REALTY hereindescribed in Exhibit 111". However, in the event of failure to obtain an easement by agreement the CITY agrees to exercise its power of eminent domain to obtain the necessary easements to construct and maintain an adequate sanitary sewer line through the aforesaid Commonwealth Edison Company property. Any actual expenditures of monies, including attorney's fees, necessary to acquire ease- ments by the power of eminent domain shall be paid by The Northern Trust Company. 5. STORM DRAINAGE. The Northern Trust Company agrees to construct water retention/detention faci- lities in such locations and to such specifications as will reasonably meet the require- ments of the State of Illinois and the City of Yorkville. The Northern Trust Company will submit, in accordance with the applicable ordinances of the City of Yorkville then existing, engineering plans and specifications at such time as preliminary plans are being submitted for consideration by the CITY, specifying the location and engineer- ing detail for said water retention/detention facilities. 6. DONATIONS. A. The Northern Trust Company agrees to convey, without charge, for public purposes, fee simple title to that portion of the land described in Exhibit 114" attached hereto, designated as "WATER TOWER SITE: , consisting of 1.349 acres, to be used by the CITY for a site for a water tower and to be conveyed to the CITY. B. The Northern Trust Company agrees to comply with the "Land-Cash Contribution Ordinance" of the City, attached hereto as Exhibit 115 11, and to make the amounts payable in accordance with said Ordinance, at the time of building permit request, for each dwelling structure on each lot. The parties expressly agree however, that the aforesaid contributions shall not apply to any lots or lands developed in the areas zoned as B-1 or M-1. The parties agree that the amounts to be payable in accordance with the "Land- Cash Ordinance" in effect of the City of Yorkville shall be determined at the time a final plat is submitted for approval by the City. C. The Northern Trust Company shall not be required to donate any additional land or cash except as hereinabove provided to any other public agency for public purposes as a condition precedent to approval and execution of the Annexation Agreement. 7. ON-SITE UTILITY CONSTRUCTION AND SUPERVISION. A. The Northern Trust Company shall construct and pay for all on-site exten- sions for water lines, sanitary sewer lines, storm sewer lines, retention and detention basins, and related necessary appurtenances as required for the reasonable development of the property described in Exhibit "1" in accordance with the Subdivision Cor:trol Ordinance and other Ordinances of the City of Yorkville, and shall grant to the CITY, at no cost to the CITY, easements for said utilities and shall transfer title, free and clear of all liens and encumbrances, to the CITY to all on-site public. extensions (except household or domestic service connections) for water lines, sanitary sewer lines and storm sewer lines, and necessary appurtenances for affected portions of the SUBJECT REALTY . B. The CITY will accept, in lieu of subdivision bond or bonds, escrow accounts or commitments from banks, including The Northern Trust Company in its individual capacity, or savings and loan institutions that there are sufficient funds available for 150 per cent of the estimated cost of construc- tion of all the public or common facilities of a unit or phase being presented to the CITY for approval , and that such funds are held for such purposes only and for no other purposes . If such escrow account or lending institu- tion commitment is utilized by The Northern Trust Company, then only the final ten per cent (10%) payout to the contractor for construction of the public and common facilities shall be approved by the CITY prior to the drawing of the final payment from such escrow account or other collateral security. C. The Northern Trust Company may at any time during construction elect to furnish a completion bond, and a two-year maintenance bond, in sufficient amount to cover the cost of improvements required to be completed and maintained, and upon furnishing of same the CITY shall forthwith release all funds theretofore deposited, whether in escrow or held by a lending institution, providing, however, that the CITY shall have the right of approval of any company which proposes to issue said Bond. D. In the event the CITY requests The Northern Trust Company to over-size certain water or sewer mains installed to serve the SUBJECT REALTY, in anticipation of reasonable future annexation or development of land that may be served by such mains beyond the location of SUBJECT REALTY, such oversizing shall take place on the following basis: The Developer's • l i;oi15u1ti.ng Engineer shall hLivc !,Icpared cost estiiiiates indicating the cost for the normal sewer or watc'.r main size, cind that requested by the CITY for over-sizing, which estimates may be reviewed by the CITY 'S Consulting Engineer. Such ac:Lllal cost difference will be assumed by the CJ'I'Y . At tiie option of the CI'T'Y, CI'T'Y may reimburse The Northern Trust Company in an.amount equal to the cost of over-sizing or shall credit The Northern Trust Company an equal amount against other fees payable by The Northern Trust Company as a part of this Annexation Agreement. E. The CITY does hereby agree and give The Northern Trust Company assurance that future actions by the CITY with regard to development which may affect the property described in Exhibit "1" will take the property desc- ribed in Exhibit "1" into account and make appropriate provisions therefor to protect and facilitate future development of the property herein described in Exhibit 111" . The parties agree, however, that the conditions of this paragraph do not obligate the CITY to allocating any sewer or water capacity to the premises hereinabove described, and that The Northern Trust Company or its successor expressly acknowledges that any request for sewer or water capacity shall be subject to the conditions then prevailing, and shall be on a "good-faith, first-come, first-service" basis. It is not the intention of the parties hereto to create economic hardship for potentially small developments and in the event provisions to protect Tile Northern Trust Company with regard to off-site utility demands would be appropriate in accordance with the terms of this paragraph, The Northern Trust Company agrees to pay any costs for oversizing or other related costs as a result of the impact of future development of the property described in Exhibit "1" upon any such intervening small development. This agreement shall not be construed as obligating the CITY to provide any off-site utili- ties for the uses of the premises hereinabove described. 8. INTERIM SALES AND CONSTRUCTION FACILITIES. The Northern Trust Company may utilize construction trailers, location and adv- ertising signs, (subject to existing CITY requirements) ,model sales facilities,temporary parking facilities and other improvements, and the equipment needed for sales purposes during the period of this Agreement, or any extension thereof. 9. OPEN SPACES. The area designated herein on Exhibit 112" as "open space" shall be conveyed by The Northern Trust Company to the CITY, or to whomever the CITY directs, at such time as fifty (50%) per cent of the area described as "Residential" on Exhibit "2" -6- has been approved for final platting. In any event the parties agree that The Northern Trust Company shall have access to said "open space" area at any time for the purpose of constructing water retention/detention areas and any utility services as required by engineering specifications, and, in the event said construction has not been completed at or before conveyance as provided hereunder, that any conveyance to be made shall be conditioned upon such access. The property to be conveyed hereunder shall not be considered in determining the obligations of The Northern Trust Company in Paragraph 6 above. 10. PLANNED UNIT DEVELOPMENT FOR MULTIPLE ZONING LOCATION. The Northern Trust Company hereby agrees and restricts any future development of the area marked as R-4 to be developed as a Planned Unit Development in accordance with the Zoning Ordinance of the City of Yorkville now in existence and the Subdivision Control Ordinance of the City of Yorkville now in existence, expressly providing that the density of dwelling units shall not be reduced. It is the intention of the parties that future development of the R-4 area shall be made in a manner which is architectur- ally acceptable to the City of Yorkville and in the best interests of the residents of Wildwood and the CITY, and that in accordance therewith The Northern Trust Company agrees to submit Planned Unit Development requests for said property thereby subjecting said property to reasonable regulations concerning the architectural style, landscaping and such other requirements that are reasonably consistent with a multiple development of the size and character as that located in the area described. 11. MISCELLANEOUS REQUIREMENTS. The Northern Trust Company agrees to: A. Adhere to measures for the prevention of soil erosion during the various phases of construction of the development (per requirements of the CITY and recommended procedures of the Soil Conservation Service) ; B. To comply in all respects with the applicable provisions of the CITY Building Code and other related ordinances in effect at the time The Northern Trust Company makes application to the CITY for the building permit or permits in connection with the construction of buildings and structures on the subject property, whether said ordinances were amended after the date of this Agreement or not. 12. RIGHT TO SELL,� TRANSFER OR ASSIGN. It is specifically understood and agreed that The Northern Trust Company shall have the right to sell, transfer and assign all or any part of the SUBJECT REALTY to other persons, firms or corporations for building or development purposes (as well I' 1 -7 as for occupancy) ; and that such persons, firms or corporations shall be entitled to the same rights and shall have the same obligations as The Northern Trust Company had under this Agreement. In the event of any area sale, transfer or assignment, CITY shall be provided with appropriate portions of the sales agreement detailing the architectural and site planning provisions of said agreement. It is expressly agreed by the CITY that the obligatory provisions of this Agreement extend to The Northern Trust Company in its capacity as owner of the premises, and that said obligatory provisions cease and determine upon the transfer by The Northern Trust Company of owner - ship interests in said property . la. DURATION OF AGREEMENT. This Agreement shall inure to the benefit of, and be binding upon, the assignees and successors in title of The Northern Trust Company and upon successor corporate authorities of the CITY and its successor municipalities. This Agreement shall be valid and binding for a period of ten (10) years from the date of its execution or any extension thereof as herein provided. The Northern Trust Company shall be permitted to complete any project that may be underway at the time of the expiration of the Agreement in accordance with the provisions hereof. 14. COMPLIANCE WITH STATE STATUTES. In the event that any one or more provisions of this Annexation Agreement or resolutions or ordinances arising therefrom do not comply with any one or more provi- sions of the Illinois Revised Statutes, and the governing rules of the Environmental Protection Agency, CITY and The Northern Trust Company, and any successor or assign. agree to cooperate with The Northern Trust Company or its successors or assigns, to comply with said provisions, which shall include but not be limited to, the passage of resolutions and ordinances to accomplish compliance with the applicable provision!; of the Illinois Revised Statutes, and the Rules and Regulations promulgated by the Environmental Protection Agency, or any other applicable governmental unit, board, or agency having jurisdiction in the matter. 15. NOTICES. Unless otherwise notified in writing, all notices, requests, and demands shall be in writing and shall be delivered to or be mailed by certified mail, return receipt requested, as follows: IF TO THE CITY: City of Yorkville c/o City Clerk Tower Lane Yorkville,Illinois 60560 WITH A COPY TO: Fred H. Dickson Attorney at Law 104 E. Downer Place P. 0. Box 1485 Aurora, Illinois 60507 IF TO THE TITLE HOLDER: The Northern Trust Company 50 South LaSalle Street Chicago, Illinois 60675 ATTENTION:Susan J. Ehrbar Trust No. 2-44473 WITH A COPY TO: Dallas C. Ingemunson Attorney at Law 226 South Bridge Street P. 0. Box 578 Yorkville,Illinois 60560 or to such other address as the parties may from time to time designate in written notice to the other party. 1o . MODIFICATIONS BY COMMON CONSENT. The CITY and The Northern Trust Company may, by common and mutual consent, amplify, modify or otherwise agree to other terms and conditions than those set forth within this Agreement. 17. SEPARABILITY. The provisions of this Agreement shall be deemed to be separable; and if any section, paragraph, clause, provisions or item of this Agreement shall be held invalid, the invalidity of such section, paragraph, clause, provision, or item, shall not affect any other provisions of this Agreement. UNITED CITY OF THE VILLAG OF YORKVILLE a munici co a io BY:- yor ATTEST: 7 city-Clerk (SEAL) THE NORTHERN TRUST COMPANY, as Trustee and not individually, under Trust No. 2-44473, pursuant to Trust Agreement executed the 15th day of December, 1975. !�?;--x--�.v f � - ATTEST: BY: J VIice President Title: (SEAL) SECOND AMENDED PETITION FOR ANNEXATION T 0 MAYOR AND CITY COUNCIL OF THE UNITED CITY OF THE VILLAGE OF YORKVILLE, �� U KENDALL COUNTY, ILLINOIS. - NOW COMES The Northern Trust Company, a banking corporation, as Trustee under Trust No. 2-44473 pursuant to Trust Agreement dated the 15th day of December, 1975, of Chicago, Cook County,Illinois,your Petitioner, and respectfully represents unto the Mayor and Aldermen of the United City of the Village of Yorkville, as follows: 1. That The Northern Trust Company, as Trustee under Trust #2-44473, is the record title owner of the territory described in Exhibit "A" attached hereto and made a part hereof, all of which territory is not within the corporate limits of any municipality, but which is contiguous to the United City of the Village of Yorkville. 2. That no electors reside within the territory described in Exhibit "A" with the exception of Finley Fitch and Blanche Fitch, who have signed this Second Amended Petition and concur herein. 3. That attached hereto and forming a part of this Second Amended Petition are the following documents: (a) Legal description of the property, designated as Exhibit "A"; (b) Duly executed Annexation Agreement set forth in Exhibit "B" attached hereto; (c) Accurate map of the property, attached hereto as Exhibit "C"; (d) Legal description of certain property referred to as proposed "Water Tower Site", attached hereto as Exhibit "D". 4. That the undersigned requests the City,upon annexation,to zone said real estate, including all such property not included in the legal description which extends to the far side of any adjacent highways and roadways and in particular, Illinois Route 47, Illinois Route 71 and Illinois Route 126, said property to be rezoned R-2, R-4 (Planned Unit Development) , B-1 and M-1,in accordance with the Annexation Agreement and the map attached hereto as Exhibits "B" and "C", and by reference made a part hereof. 1 WHEREFORE, the undersigned requests that the above Second Amended Petition be submitt- ed to the Corporate Authorities of the City for consideration thereon as required by the statutes of the State of Illinois,and that the City Clerk,or such other persons as auth- orized by the Corporation Authorities,give notice of the filing of Second Amended Petition, as required, to any Library District or Districts, and any Fire Protection District or Districts which are entitled to notice of this Second Amended Petition, all as required by statute; and to any Township Highway Commissioner and any Town Board of Auditors or Trustees, which are entitled to notice of this Second Amended Petition all as required by statute. THE NORTHERN TRUST COMPANY, as Trustee under Trust No.2-44473,purslAant to Trust rAg=ment�dated the 15th day of/ ecember, ATTEST: ! - ---(� / Title: Vice Presjdent st 1 e:As .ecr�ta.ry (SEAL) 11�'f 7 V-Jc' -2- We, the undersigned, the only electors residing within the property legally described and defined in Exhibit "A" attached hereto DO HEREBY CONSENT to the Annexation in accordance with the Annexation Agreement attached to this Second Amended Petition as Exhibit "B", and concur in the Annexation Agreement as duly executed. Finley itch Blanche Fitch .That part of Section 4 and that part of the East Half of Section 5 , Township 36 Hor4th, Range 7 East of the Third Principal Meridian described as follows : Conmencin � at the Northeast corner of:.the Northeast Quarter of said Section 5; thence South '19 040' 05" West along the I{orth Line of said Northeast Quarter, 655.52 feet to the -angent center line of Ill:in.ois State Route No. 47 , extended from the South; thence South 01°44'07" East along,. s.aid tangent center line and said tangent center line extended, 3,51J .16 feet; thence North 89°29' 40" East, 548.60 feet for a point of beginning; thence South 89°29140" West along the last, described course, 548.60 feet to the center line of Illinois State Route 47; thence North 01°44'01" West along said center line, 1 ,371.06 feet'„ ';thence South 81 052'08” East, 1 ,901 .04 feet to the Southwest corner of "Crooked Creek Woods" , a subdivision recorded in Book 14 of Plats at pages 4 and 5 as Document No. 71-40.55 in the Recorder' s Office in Kendall County, Illinois ; thence Easterly along the Southerly Lines of said subdivision to the Southerly corner of said subdivision; thence Northerly along the Easterly Line of said subdivision to a Southerly Line of Lot 4 in said subdivision; thence Easterly along said Southerly Line to the most Easterly Southeast corner of said Lot 4; thence Northerly along the most Easterly Line of said subdivision to the center line of Illinois State Route No. 126; thence South 51°34' 51 " East' along said center line and said center line extended, 234. 49 feet; thence South 0°57' 46" West, 51 .43 feet to the Southwesterly Line of said Illinois State Route No. 126; thence South 55°42' 12" East along said Southwesterly Line, 378. 83 feet to an angle in said Southwesterly Line; thence South 52 040'01" East along said Southwesterly Line, 193.50feet to an angle in said Southwesterly Line; thence South 43 017' 45" East along said Southwesterly Line, 412. 19 feet to an angle in said South- westerly Line; thence South 52°21 ' 11" East along said Southwesterly Line and said Southwesterly Line extended, 1 ,874. 55 feet to the center line of Illinois State Route No. 71 ; thence Southwesterly along said center line to a line drawn South 04°21 '07" East from the point of beginning; thence North 04°21 ' 07" blest along said Line 1 ,431 .38 feet to the point of beginning; (excepting from the above described premises all of the right-of-way of the former Fox and Illinois Union Railroad Company (now Commonwealth Edison Company) , `Ieing a 50,0 foot wide strip of land running Northerly and Southerly through the above escribed premises. ALSO excepting from the above described premises that part thereof conveyed from La Verne. .Hanson and Genevieve Hanson to .the City'-of Yorkville by Quit Claim Deed recorded November 22, 1971 as Document 71 7-4509 and also excepting that part thereof conveyed from Genevieve A. Hanson to the City of Yorkville by Quit Claim Deed recorded September 19 , 1973 as Docum'e'nt No. 73-4733, in Kendall Township, Kendall County, Illinois and also that part of said"Routes No. 126 and Route No. 71 lying adjacent to the above described premises . isXfl1BIT "n" That ,part of Section 4 and that part of the East Half of Section 5, Township 36 Horth, .Range 7 East of the Third Princip ' at the Northeast corner of,.the Northeast Quarter rofisaide follows : Commencing Section 5; then eSouth 140' 05" West along the IJorth Line of said Northeast Quarter, 655.52 feet to the ngent centerline of IllAn:ois State Route No. 47 , extended from the South; thence South Ol c 44 07" East along..:s,aid tangent center line and said .tangent center line extended, 3,511 .16 feet; thence North 89°29' 40" East, 548.60 feet for a point of beginning; thence South 89 629''40" West along the last described course, 548.60 feet to the center line of Illinois: State Route 47; thence North 01 044107" West along said center line, 1 ,377.06. feet .,,thence South 81 052'08" East, 1 ,901 .04 feet to the Southwest corner of "Crooked Creek Wgeds" , a subdivision recorded in Book 14 of Plats at pages 4 and 5 as Document No. 71-4055 in the Recorder's Office in Kendall County, Illinois; thence Easterly along the' Southerly Lines of said subdivision to the Southerly corner of said subdivision; thence Northerly along the Easterly Line of said subdivision to a Southerly Line of Lot 4 in,said subdivision; thence Easterly along said Southerly Line to the most Easterly Southeast corner of said Lot 4; thence Northerly along the most Easterly Line of said subdivision to the center line of Illinois State Route. No. 126; thence South 57 034151" East' along said center line and said center line extended, 234.49 feet; thence South 0°57'46" I-lest, 51 .43 feet to the Southwesterly Line of said: Illinois State Route Igo. 126; thence South 55 042112" East along said Southwesterly Line, 378.83 feet to an angle in said Southwesterly Line; thence South 52 040'01" East along said Southwesterly Line, 193.50t feet to an angle in said Southwesterly Line; thence South 43°17' 45" East along said Southwesterly Line, 412.19 feet to an angle in said. South- westerly Line; thence Southi..52°21111" East along said Southwesterly Line. and .said Southwesterly Line extended;. 1 ,874. 55 feet to the center line of Illinois State Route No. 71 ; thence Southwesterly along said center line to a line drawn South 04021107" East from the point of beginning; thence North 04 021 '07" West along said Line '1 ,431 .38 feet to the point of beginning; (excepting from the above described premises all of the right-of-way nf the former Fox and Illinois Union Railroad Company (now. Commonwealth Edison Company) , ing a 50.0 foot wide strip of land running Northerly and Southerly through the above uescribed premises. ALSO excepting from the above described premises that part thereof conveyed from La Ver.ne. .Hanson and Genevieve Hanson to .the City'-of Yorkville by * Claim Deed recorded November 22,1971 as Document 71 74589 and also excepting that part thereof conveyed from Genevieve A.�.Hanson to the City of Yorkville by Quit Claim Deed recorded September 19 , 1973 as Document No. 73-4733, in Kendall Township, Kendall County, Illinois and also that part of said' Routes No. 126 and Route No. 71 lying adjacent to the above described premises. EXHIBIT "I" 7. 02 B- 1 JAMITED HW'-�INH'SS DI "J"I'llICT A . Antique Sales lfw-'pi tal or Tre'11,►11(mit Cc me r Bakery - Ret.ai ] 11ow;ehold 1"111-11i::11ing ,shop Barber Shop 1 cc Cream "3hop Beauty Shol) Book Store III)d I-V C I c un I III,, and Ca f e 1,(-'I,i a ( di 11 e r I.;I ry Camera Shop %1,jI1,1aZiIM and New!-;!;t.and Church or other place of Worship Marke 1. Cigar , cigarette and Medic"ll Clinic tobacco store Mort.tiary Fullel'al Home Clothes— pressing and repair Club - 1)1'ivat(-,- indoor P:I rk Club - privat.(? outdoor 1111ol.myraphy Studio Commu n i t y Center 1) 1 ;Ly j,'I-0 1111 d A Dressmaker - Seamstress Pw 0 f f i ce Drug Store Florist S-,iles RecXcation Center Fruit and Vei!'e tab I e I I us t.:I u ra n t Market - Htl!:Ii :111d 11'I I Nej);I i I- Gi ft, sh(q) ,.,uh --st-It iml Groccry Store - Supermarket Indoor Gymn as i 11m Health Food St(-)T'C- ol. Hobby whop Dai 1 % Fee 11()Spi 1 ,11 ( 11(?Il( 2 1-,L I ) V 1,-I,()v. B . Special Uses 1 . All special uses permitted in 110" District : -;`. 2 . Apartments -- above first floor business uses,. 3 . Liquor Store . 4 . 'Tavern - Night Club . C. Lot Sire No lot shall hgve an area lelss than 10 , 000 square feet . . D. Yard Area No building shall be erected or enlarged unless ~t11t:H. following yards are provided and maintained in c�riiect.ic�n with such building, structure or enlargement : 1 . front Yard. A front yard of not less than ,0411-ty ( 30) loo t • 2 . Side Yard. No minimum side yard shall be, .1 (Jui..rc.d between buildings within tho B-1 dj �;trict , excel)(: where a side yard adjoins :L street , a nninimum yard of not less than twenty ( 20 ) fc,�et !;Ii l 1 be r('cWl i.rect. 3 . Rear Yard. A rear yard of not less than L%venty ( 20) feet . 4 . Trans it.i_onal_Yard. where a :,ide or rear lot WHIM c:oi.ncides with a residential- cli_st-.riet -zone , a yard of not less than twenty i'oet; S11a1.1 bc. reQutrr.cl . 1. . Lot Covcr_► ;u Not more than fifty percent ( 50%) of thr� area of the zoning lot may be occupied by buildings and structures , including accessory buildings . F. Building Height No building or structure shall he erected or alt.-ored to exceed a maximum height of twenty-five ( 25) feet or two (2) stories . G. Off-Street Parking and Loading All in accordance with requl:.t ion::; set forth in Sec t: 1c�u 9 . 00 of this ordinance . 29 1 .rI r Stq'''� • aht YJ ' ' 1 f?Pt11:• l+ 7 4 V �1 Sa�r Y xti�. Lv Parks and r creation.`areas 6)1<-i 3. +; '+ > , �. j M Wi�4 f; Y•�: `D- 7 ` i J. ' . S t 1 ' � (s�yPolice statip{n's . =� ,Nr�t,.t ' r�i ? ,y J+}E•+ t (ti!. 7`+tr.. :S :i il,� ti:t} rrf 01 treatm�}�t i p lAnts . 3' r �� ' :`•gyp Te'lephone' exchanges } + Water fi+ltration 'plants . " i �' Water pumping stations . a k Water reservoirs . h. :4. Residential :uses 'as follows : Dwelling units for watchmen and their .families when located on the. premises where they are employed ' �> � `n� ,` in such capacity. s a, ti Mi.scel l aneous =uses - as fo l l caws : ' Ay -Acces sory use Y � 4 j• v . } Radio and television towers. � > t Temporary buildin s for construction 0.4rpoS. fsar �` €tl� a period not to exceed the durat i o'li o , $ucht � � rr• V. �k� ;; �" + ►.' struction j+, a 6. Off street!, parking1 Ap'd loading , asV..p i,n ecti ermitted ;ox; ' re4uired .Son) 9: 00 . ' tom( , 1''ct .,. s 1 : .•, A.t Special Use The ' following uses may. be 'llowr • t + .' n ' ,I ' ' ;fspe;cial use •permit in accordance with the irovx iQ S, of yrSectiori 12 .00 . x ' �k 1, Any use which may be allowed as special use 'it�:the ?�a� •a B-3 Business'.District , but not including, trailer (mob homes ) camps or parks f.' y,. .�Y 2. Airport or aircraft landing fields . Planned developments , industrial . Motor freight terminals . }` { er FTTC 5 , Sanitary land fill . Stadiums , auditoriums and ac•ena.s . _ SECTION 8 . 00 - MANUFACTURING DISTRICT)' 8. 01 M - 1 Limited Manufacturing; District. A . Conditions of Use . All permitted uses are suh;je'c:l to the following conditions : 1 . Any production , processing , cleaning, , servicing , testing; , repair or storage of goods , materials or products shall conform with the; performance stand- ards set forth in subsection 8 . 03. 2 . All business , production , servicing; and processing; shall take place within completely enclosed build,-16 ing;s unless otherwise specified. Within one _hun,dred and fifty ( 150) feet of a Residence: District ,: ".-ill"' storage. shall be in completely enclosed buildipgs or structures , and storage located elsewhere inAhis district may be open to the sky but shall he en- closed by solid walls or .fences ( including solid doors or gates thereto) al. least eight ( 8) fce;l: - hi g;h , bu I i n n� case lowcrr in hei ghl. khan t.ho en-, closed storage and :;uit ll.)] V lnndsc:.il)ed . however , open off-street loading; f'tcc:il .itic!:} and - open off-street. parking; of mo�t.()r�vehielc'ts under- one:'' and one-hal f ( 1 ?: ) ton capaci 1.N• may be unenrlosed t.hrough- out the district , except fc>>• suuh screenink; of`;g�a rlc ing; and loading fac.i 1 i ties as may be required under the provisions of Section 9 . 00 . 3. Uses established on the cffec:tive date of this ` amended ordinance and by its provisions ..are rend- Bred non-conforming„ shall he permitted to canti.iiue , subject. to the reg;ulationti of Section 11 .00 . 4 . Uses ustab1isIied alter t.hc! c; f' 1'e!ctive date of this' amended ordinance shall conform fully to he Pc'r forinance Standards herei na i't.er set forth for HIC, district . B. Permitted Uses . The following, uses are permitted . 1. Production , Processing; , Clenning, Testing orl..Ile pa r , limited to the following uses and products : ` Advertising; displays . 34 �4 Apparel and other products manu.f,actured from textiles . Art needle work and hand we:tvin�; . , Automobile painting , upholstering , repairing , recondi- tioning and body and fender repairing , when done .Wlthi[1 the confines of a structure . Awnings , venetian Blinds . Bakeries . Beverages - non-alcoholic . Books - !land binding and tooling . Bottling works . Brushes and brooms . Building equipment , building materials , lumb( r, . cc)al , sand and gravel yards , and yards for contractinu;,;.equip- ment of public agencies , or public utilities , Or-''mater- ials or equipment of similar nature . Cameras and other photographic: equipment: and Sul)plies. Canning and preserving, . Canvas and canvas products . Carpet and rug cleaning . Ceramic products - 'such as pottery and Snl,111. [;l;r.Zed tile . Cleaning and dyeing establishments when empl.oyint; facilities for handling more than fifteen hundred ( 1.500 ) pounds of . dry goods per day . w Clothing . . i Cosmetics and toiletries . Creameries and dairies . Dentures . Drugs . Electrical appliances , such as lighting; fixtrrre5 ,. fans , toasters and electric toys . 35 Electrical equipment assembly , such as home radio and television receivers and home movie equipment , hut , not including electrical machinery . Electrical supplies , manufacturing and assembly of such wire and cable: assembly , switches , lamps , insulation , and dry cell batteries . Food products , processing and combining of (except moat and .fish ) - h;eking , boiling„ canning , cooking, dchydrat- ing ,. freezing , frying , grinding , mixing; and pressing. goods, not including tanning and dyeing . . ;': Glass products from previously manufactured glass. 4. .; ;`.hair , felt and feather products ( except washing , e.uring `and . dyeing) . ?!Hat bodies of fur and wool felt . :,Hosiery .. House trailers . manufacture : Lc:e , natural . Ink mixing and packaging and inked ribbons . Jewelry . :..Laboratories - medical , dental , Vesearch , experimental , and testing - provided there is no danger from fire or ' ::explosion nor offensive noise , vibration , smoke , dust, %-odors , heat , glare , or other objectionable influences . sLau ndries . Feather products , including; shoes and machine ,belt inE; , ixk`r.but not including tanning and dyeing. t,K -Luggage . Wy it ;< Machine shops for tool., die and pattern making. Ay Q1 etal finishing , plating;, grinding; , sharpening , polishes" QWQng , cleaning; , rustproofing and heat treatment . , ' .' 'Metal stamping and extrusion of small products , such"-- ?'costume jewelry , pins and needles , razor blades , bottle ; caps , buttons and kitchen utensils . 4Gt .. k N Musical instruments . .. W. c.. 36 NV o �2 `� •� t Ortheopedic and medical appliances , such as artifk6ill-Y yt limbs supports and stretchers. r , Paper products , small , such as envelopes and �statiofr�� y'; §4 bags, 'boxes , tubes and wallpaper printing . "' � „r; Perfumes and cosmetics . + { y ~` Pharmaceutical products. Plastic products , but not including the manufactur , yew of -the raw materials. ; y `Y `m Precision instruments - such as optical , medical and 1 drafting � s Products from finished materials - plastic , bona , carK-, feathers , felt , fibre , copper , fur, glass , hair , horn , :- - : leather , precious and semi-precious stones , rubber, s shell , or yarn . r`y ' I, , Printing and newspaper publishing , includinE., " engr,t r photo-engraving . :. Public utility electric substations and distribution centers , gas regulation centers and underground g, holder stations . rya` • `.k ,t 1 f `­'Repair of household or office machinery or equipment " r z'^r :Rubber products , small , and synthetic treated fabr.�eg (excluding all rubber and synthetic processing) , such ' , as .washers , gloves , 'footwear , bathing caps and atomizers . ,Signs , as regulated by Section 10 . 00 . Silverware , plate and sterling . r-;< ' ; Soap and detergents , packaging; only . Soldering and welding . { Sporting and athletic equipment , such as bnlis , Uns{cets , cues , gloves , bats , racquets , and rods . >f. Statuary , mannequins, figurines and religious rind .church art goods , excluding. foundry operations . <`- �, Storage of household goods . t : Gk Storage and sale of trailers , farm implements :and,rp -h. TOsimilar equipment on an open lot . ' `. 7 . Meat products . 8 . Any use permitted in the M-2 General Manufacturing District , provided the Performance Standards of subsection 8. 03 can be rnet in their entirety . D. Yard Areas . No building or structure shall hereafter be erected or structurally altered unless the following yards are provided and maintained in connection with such building. 1 . front Yard. On every zoning lot. a front yard of riot less than twenty-.five ( 25) feet in depth _,hall be provided . However , where lots within the :­�aunc . block and comprising forty ( 40) percent of the frontage on the same street sire already devc_loped on the effective date of this ordinance with front yards with an average depth or less than twenty- five ( 25) feet , then such average depth shall be the required front yard depth for such frontage in said block . 2 . ' Side Yards. On every, zoning lot a side yard shall be provided along each side lot line . Each side yard shall be not less in width than ten ( 10) percent of the lot width , but need riot exceed twenty ( 20) feet in width . E . Lot: CoveraVe . Not more than sixty (60 ) percent of the area of a lot may be covered by buildings or structures , including accessory buildings . k F. Floor Area Ratio . Not more than 0 . 8 . 8. 02 M - 2 GENERAL MANUFACTURING DISTRICT A. ! Conditions of Use . All permitted uses are subject to the following conditions : 1 . All. production , processing, cleaning , servicing, testing , repair, or storage of goods , materials , or products shall conform with the performance ' standards set forth in subsection 8 . 03 . 2 . Within one Hundred and fifty ( 150) feet of a .Res- idence District , all. business , production , servicing; , processing, and storage shall take place or be with- in completely enclosed buildings , except that storage of materials or products may be open to the sky.lpro- vided the storage area is enclosed with a soli& wall or fence , as required by the Zoning, Administ.rntol' . 40 ��y : Storage of flammable liquids , fats or oil in tanks each of y� fifteen thousand ( 15 ,000). gallons or less capacity , `but. only 4.,after the locations and 'protective measures have been)approved by local governing officials . :.Textiles spinning , weaving , manufacturing, dyeing , printing , knit goods , yarn , thread, and cordage , but not including tex- t ile bleaching. { �ITool and die shops ( 'Tools and hardware such as bolts nuts and screws ' '�doorknobs , ' �i"drills , handtools and cutlery , hinges , house hardware ,"" locks , ^: non-ferrous metal castings and plumbing appliances t� Toys . Truck truck tractor ` truck trailer , car trailer or ;bus stor- age ,yard, when all equipment is in operable condition;",but ►�� ,�4notAncluding a truck 'or:`motor freight 'terminal , wActZr°are 4 9 ated under subsection 8 . 03 . t,�R a 4v .,_'umbrellas . - - Upholstering (bulk), including mattress man iufacturngf�' ebuild- `gyp ', 5, and renovating. t '1*t7ehicles, . Children ' s such as bicycles , scooters , wagpns " .and bab y carriages . . - Watches. r ' Wood products , such as furniture boxes , crates , baskets , and y ; pencils and cooperage works . + Any other manufacturing `estab7 ishment that can be operated in Compliance with the performance standards of Appendix AkI= with- sd out"+;'creating objectionable noise , odor, dust , : smoke , , gas , tfumes , or vapor ; and that.. is: a -use compatible with � tuse .vl A fv and_occupancy pf adjoining properties. r3"t ,t. bIJ��A 4" j-f�t, ­,,-Whol'esaling . and warehousing.. ; Local cartage express iacili- ' tie(st (but not including motor freight terminals) 3• i'.Pub lic ' and community service ` uses - as follows ' "k'13us terminals , bus garages , bus lots , street railway .termin- t+k,als , or street car houses . is Electric substations. Fire stations . �'•: Municipal or . privately owned recreation buildinl;s or:; com- munity centers . 38 j , k �( fs• 5 3 t; � 1 e. However , within such one hundred and fifty ( 1.50 ) feet of a Residence District , off-street loading; facilities and off-street parking of motor vehicles under one and one-half ton capacity may..:Ue unenclosed, except for' such screening of parking; and 1oadiri facilities as may be required under the provi::;ions of Section 9 . 00. 13. Permitted Uses . The following; uses are permitt.ed : . 1 . Any use permitted in the M-1 District 2. Any production , processing; , cleaning , servicing; ,- , . testing; , repair, or storage of materials , j;oods;''-* or products which conforms to the Performance Standards established for this district . 3. Cement block manufacture . �l '. Contractor or construction such as : buildingz , • c omen t , c:l ec tri.cal , rc; l'r i.1-,o ra t. i can , ma!�cnn ry bilil.ding; , plumbing, roofing;, ,t.ir conditictiiing;, heating; and ventilating , fuc:�l oi.l , with a Lcirgig;e` of fuel oils , gas and other flammable products ' limited to 12 , 000 gallons per tank ; with a total':. storage on zoning lot not to exceed 50 ,000 9;11. ons . C Special Uses . The following uses may be allowed .b y special. use permit in accordance with the provisions';;:,. of section 12 . 00 . 1 . Any use which may be allowed as a -;poc:ial use `;in the M-1 District . 2. Stone and grravel quarries and crushing , I;racii.ng; , washing , and loading; equipment and structaires , provided the land is redeveloped by the owner in accordance with a plan of redevelopment approved with the granting of the Special Use Fermi-t .uid is accompanied by a bond in the amount of thc, estimatod cost of redevelopment . 3 . Railroad repair shops , maintenance buildinlirs , and switching yards. D. Yard Areas . All yard areas shall be the same as. .re quired in the M-1 Limited hlanuf.acturing; District . E. Lot Covc!rag;(: . Not more than :; ixt.y ( 60) pol-Cant c)f the area of it lot may be c:ovol-(!d hV buildings sir structure:-; , including Iccc::;ti()ry 41 . F. F1oor 'Area Ratio . Not more than 0 . 85 . G. Signs . The use of signs in this district shala;,;be subject to -the same regulations as set forth in A he M-1 Limited Manufacturing District . 8 . 03 PERFORMANCE STANDARDS Any use established . in a Manufacturing District after the effective date 'of this Comprehensive cAmendinent: shall be so operated as to comply -with the performance standards set forth' hereinafter for the district- n which such use shall be located. No use"Jawful.ly, established on the effective date of this ` comprehen- sive amendment shall be so altered or modified"as to conflict with, or further conflict with , .'the per..fgrm- ance standards established for the district in ;which such use is located. A . Noise . Noise shall be:.measured at any adjacentaot line and/or district boundary , as , indicated in ,"Table 1 . At the specified points of measurement , the sound pressure level of any activity or operation (except those not under the direct control of the industrial use , such as transportation facilities) shall. not exceed the values tabulated in 'fables 1 , 2 , 3 , and 4 between the hours of 7 : 00 a . m. and 7 : 00 p .m. The instruments used for these measurements shall conform to all current American National Standards Institute specifications . Impact noises are those whose: peak values are more than 3 dB higher on the fast response than the r . m. s . values indicated on the sound level meter : B . Vibration . Vibration shall be measured at any adjacent lot line and/or district ,.J.?oundary, 'as indicated in Table 4 . At the specified points of 'measurements , thp . vibra- Lion shall not exceed, the limits listed in T:Lble 5''. The instrument used for these measurements shall tie a three-component recording system. 42 DONAHUE, -i H.DRNHILLAND OLSON REGISTERED LAND SURVEYORS SUBDIVISION•INDUSTRIAL•rARMS TOPOGRAPHICAL•RESIDENTIAL•RIGHT Or WAY CALCULATION•LEGAL DESCRIPTIONS•MAPPING ' ELECTRONIC DISTANCE MEASUREMENTS 223 SOUTH BRIDGE STREET ' YORKVILLE, ILLINOIS 60560 ; ' - 1]12)653-0030 :.�'. •; .. :' , ,a :,,�::::-': September 10 , 1.980 LEGAL DESCRIPTION FOR WILDWOOD WATER TOWER SITE : That part of the Southwest Quarter of Section 4 , Township-,36 North , Range 7 East of the Third Principal Meridian described by commencing at the Northwest corner of said Section 4 ; thence South 89° 40 ' 05" West along the North Line of the Northeast Quarter of Section :5 ; :555 , 52 feet to the tangent center line of Illinois State Route No . 47 'extended from the South ; thence South 01 ° 44 ' 07" East along said tangent'.. center line and said tangent center line extended 3 , 511 . 16 feet ; thence North - 89 ° 29 ' 4Q"- . East , 548 . 60 feet ; thence South 04 021 ' 01" East , 345. 0feet for the point of beginning ; thence North . 04021107" West , 345 . 0 feet ;'' thence North 03 040 ' 49" East , 122 . 14 feet; thence South 82°00 ' 49" East , 30 . 08 feet ; thence South 03°.40 ' 49" West , 117. 78 feet ; thence South .04°21 ' 07" East , 349 . 10 feet to a line drawn South 82° 39 ' 20" East from the point of beginning ; thence South 82° 39 ' 20" East , 229 . 36 feet ; thence South . 07 020 ' 40" West , 145 . 0 feet ; thence South 76 044121 " West , 227 . 96 feet to . a line drawn South 04° 21 ' 07" East from the point of beginning ; thence North 04 ° 21 ' 0711 West , 230 . 0 feet to the point of beginning in Kendall Township , Kendall County , Illinois and containing 1 . 349 Acres . H ,,fix h ! d i -� TRUSTEE' S DEED - The Grantor, THE NORTHERN TRUST COMPANY, an Illinois corporation, of Chicago, Illinois, as trustee under Trust Number 2-44473 , for and in consideration of Ten Dollars ($10 . 00) and other good and valuable consideration, and pursuant to the power and authority given it as such trustee conveys and quitclaims to THE UNITED CITY OF THE VILLAGE OF YORKVILLE, a body corporate and politic, of City of Yorkville, Kendall County, Illinois, all interest in the following real estate situated in the County of Kendall, State of Illinois: That part of the Southwest Quarter of Section 4 , Township 36 North, Range 7 East of the Third Principal Meridian, described by commencing at the Northwest corner of said Section 4 ; thence South 89 040105" West along the North Line of the Northeast Quarter of Section 5, 655. 52 feet to the tangent center line of Illinois State Route No. 47 extended from the South; thence South 01 044107" East along said tangent center line and said tangent center line extended 3, 511.16 feet; thence North 89029140" East, 548 , 60 feet; thence South 04 021 ' 07" East, 345 . 0 feet for the point of beginning; thence North 04 021107" West, 345 . 0 feet; thence North 03 040149" East, 122 . 14 feet; thence South 82 000149" East, 30 . 08 feet; thence South 03 040149" West, 11.7 . 78 feet; thence South 04 021 ' 07" East, 349 . 10 feet to a line drawn South 82 039120" East from the point of beginning; thence South 82039120" East, 229. 36 feet; thence South 07 020140" West, 145. 0 feet; thence South 76044121" West, 227 . 96 feet to a line drawn South 04021107" East from the point of beginning; thence North 04 021' 07" West, 230 . 0 feet to the point of beginning, in Kendall Township, Kendall County, Illinois, containing 1 . 349 Acres, Parcel Number : NEW NUMBER TO BE ASSIGNED The Grantor executes this deed as such trustee and not individually, and is not to be held liable in its individual capacity in any way by reason of this deed. Any recourse under and by virtue of this deed shall be against the trust estate only. IN WITNESS WHEREOF, the Grantor has caused its name to be signed and its corporate seal affixed by its duly authorized officers, this 22nd day of April 1983 . ATTEST THE NORTHERN TRUST COMPANY By Assistant ecretary as is Vice President, not per onally, but as trust aforesaid L This instrument preapred by: Dallas C. Ingemunson Future Tax Bills to: Attorney at Law 226 S. Bridge St. , City of Yorkville P.O. Box 578 610 Tower Lane Yorkville, Illinois 60560 Yorkville, Illinois 60560 "Exhibit D" / '3-7 s ` S'l ATE OF ILLINOIS SS COUNTY OF COOK 1, the undersigned, a Notary Public in and for the County and State aforesaid, Do HEREBY -RTIFY that Robert A. Bailey and Eugene R. Kerr , lwrsonally known to me to be Second Vice President and Assistant Secretary, respectively, of THE NORTHERN TRUST COMPANY, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me in person and severally acknowledged that a,, such Second Vice President and Assistant Secretary, they signed and delivered the said instrument as Second Vice President and Assistant Secretary of THE NORTHERN TRUST COMPANY and caused the corporate seal of THE NORTHERN TRUST COMPANY to be affixed thereto as their free and voluntary act and the free and voluntary act and deed of THE NORTHERN TRUST COMPANY as trustee as aforesaid, for the uses and purposes therein set forth. GIVEN under my hand and official seal, this 22nd day of APRIL , 1983 / tar5, Public Expiration: June 9 , 1984 r �- . - GENERAL DEVELOPMENT PLAN If LA URENCE l z'I a\, HENNING II-j / c Q' Ile let " �� °�'c / _ / N LOr / ecpcK / I so° ' � 1 ? LAND USE DATA Or FOX IN DUSTR/AL PARK \ __ ZONE HOUSING UNITS GROSS ACRES % OF SITE L h � a ` � ,p� W- _ � �0 R- 2 SINGLE FAMILY 234 130. 2 57 ,�� 3s� �l 3 �o �� h Ir 300 F 2 ` .., � ° ����o s � 3 ' „ W R -4 MULTIPLE FAMILY 319 26.6 12 [ C �'HOTO Q M- I LTD. MANUFACTURING 66.6 29 It ti - INSTRUMENT � TOOLING co �'�'�� B - i LTD BUSINESS � 2 g \ r 3. 5 2 ; / 2 �\ �O �.� 3 �' � ° ° '�� �° TOTAL 553 228. 9 100 71. 29 NOTE : OPEN SPACE = 20.47 AC / 9 % OF SITE i m i29p - , h 27 C � 30 4 v` ----_- •� ✓ ��� \. STREET R.O .N.= 42. 7 AC /19 °/. 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