Ordinance 2006-052 200600022270
Filed for Record in
STATE OF ILLINOIS KENDALL COUNTY► ILLINOIS
PAUL ANDERSON
ss 07 -24 -2006 At 03:15 am.
COUNTY OF KENDALL ) ORDINANCE 64.00
RHSP Surr-harse 10.00
ORDINANCE NO. 2006-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
(New Life Church)
WHEREAS, it is prudent and in the best interest of the UNITED CITY OF
YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining
to the annexation of real estate described on the Exhibit "A" attached hereto and made a
part hereof entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS, said Annexation Agreement has been drafted and has been considered
by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready, willing and able to enter into said Agreement and to perform the
obligations as required hereunder; and
WHEREAS, the statutory procedures provided in 65 ILCS 11- 15.1.1, as amended,
for the execution of said Annexation Agreement has been fully complied with; and
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WHEREAS, the property is presently contiguous to the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY,
ILLINOIS, AS FOLLOWS;
Section 1: The Mayor and the City Clerk are herewith authorized and directed to
execute, on behalf of the City, an Annexation Agreement concerning the annexation of
the real estate described therein, a copy of which Annexation Agreement is attached
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hereto and made a part hereof.
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Section 2: This ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
JAMES BOCK t JOSEPH BESCO h
VALERIE BURD _ PAUL JAMES
— 3
DEAN WOLFER MARTY MUNNS
ROSE SPEARS � JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day o , A.D. 2006.
MAYOR
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Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day o , A.D. 2006.
ATTEST:
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CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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Draft: 06/02/06
ANNEXATION AGREEMENT
(NEW LIFE CHURCH)
THIS A.VNEXATION AGREEMENT ( "Agreement "), is made and entered into as of
this f Y day of 0 VNE , 2006, by and between THE ESTATE OF ELIZABETH
G. BAUMANN, DECEASED; TERESA R. HOFFMANN AND GEORGE P.
BAUMANN, INDEPENDENT EXECUTORS AND HENRY A. BAUMANN SR.
BYPASS TRUST C/O TERESA R. HOFFMAN AND GEORGE P. BAUMANN,
owners of approximately 49.38 acres of property located east of Kennedy Road, north of
Mill Road, and southeast of Galena Road in Kendall County, Illinois. Permanent Index
Numbers 02 -11- 300 -004 and 02 -11- 300 -009 (hereinafter collectively referred to as
"OWNERS "), and THE NEW LIFE CHURCH OF YORKVILLE, an Illinois Not For
Profit Corporation (hereinafter referred to as "DEVELOPER"), and the UNITED
CITY OF YORKVILLE, a municipal corporation organized and existing under and by
virtue of the laws of the State of Illinois (hereinafter referred to as "CITY ") by and
through its Mayor and Aldermen ( "Corporate Authorities "). OWNERS and
DEVELOPER and the CITY are sometimes hereinafter referred to individually as a
"Party" and collectively as the "Parties ".
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RECITALS:
A. OWNERS are the owners of record of certain parcels of real estate legally
described and shown on the Plat of Annexation, attached hereto as Exhibit "A" (hereinafter
referred to as "SUBJECT PROPERTY ").
B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the
CITY for the purposes of developing a church facility along with other business uses.
C. OWNERS and DEVELOPER desire to proceed with the development of a church
facility along with various other commercial and office uses in accordance with the terms and
provisions of this Agreement.
D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be zoned
under the R -1 One - Family Residence District and B -3 Service Business District provisions of the
City Zoning Ordinance ( "Zoning Ordinance ") as depicted on the Legal Descriptions of Zoning
Parcels attached hereto and incorporated herein as Exhibit `B ", for a church facility and
commercial areas with the B -3 Service Business District uses identified in Exhibit `B ".
E. All public hearings, as required by law, have been duly held by the appropriate
hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission
conducted a public hearing regarding the requested zoning and conceptual site plan on April 12,
2006. The Plan Commission concluded their deliberations on this case at their April 12, 2006
meeting. City Council conducted the public hearing on the annexation agreement on May 23,
2006.
F. The CITY and OWNERS and DEVELOPER have given all appropriate notices
due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City
Code.
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G. The Corporate Authorities, after due and careful consideration, have concluded
that the Execution of this Annexation Agreement subject to the terms and provisions of this
Agreement, and the zoning, subdivision and development of the SUBJECT PROPERTY as
provided for herein, will inure to the benefit and improvement of the CITY in that it will increase
the taxable value of the real property within its corporate limits, promote the sound planning and
development of the CITY and will otherwise enhance and promote the general welfare of the
people of the CITY.
H. (i) Each party agrees that it is in the best interests of the OWNERS,
DEVELOPER and the CITY to annex and develop the SUBJECT
PROPERTY described in the Attached Exhibit "A" as an R -I One Family
Residence District and B -3 Service Business District allowing for a church
facility as well as a mix of commercial uses in conformance with the
United City of Yorkville Comprehensive Plan. The parties have further
agreed to prohibit certain permitted uses allowed in the B -3 Service
Business District as identified in Exhibit "C ".
(ii) Each party agrees that it is in the best interest of the local governmental
bodies affected and the OWNERS and DEVELOPER to provide for
specific performance standards in the development of the SUBJECT
PROPERTY.
(iii) Each party agrees that it is in the best interest of the OWNERS,
DEVELOPER and the CITY that the SUBJECT PROPERTY be
developed in an orderly and efficient fashion.
(iv) Each party agrees that a substantial impact will be placed on the services
of the United City of Yorkville and other governmental agencies by
development of said real property.
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(v) The SUBJECT PROPERTY is contiguous to the corporate boundaries of
the CITY.
I. It is the desire of the CITY, the OWNERS, and DEVELOPER that the
development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in
accordance with the terms and provisions of this Agreement, and be subject to the applicable
ordinances, codes and regulations of the CITY now in force and effect, except as otherwise
provided in this Agreement.
J. The OWNERS and DEVELOPER and their representatives have discussed the
proposed annexation and have had public hearings with the Plan Commission and the City
Council, and prior to the execution hereof, notice was duly published and a public hearing was
held to consider this Agreement, as required by the statutes of the State of Illinois in such case
made and provided.
NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants
and agreements contained herein, the Parties hereto agree to enter into this Agreement. The
Parties hereto further agree to supplement this Agreement with the Petition for Zoning and
Annexation, and drawings submitted therewith to be approved by the City Council upon the
following terms and conditions and in consideration of the various agreements made between the
parties:
1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to
and in accordance with the provisions of the CITY ordinances, as amended from time to time,
and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution.
2. ANNEXATION AND ZONING. As soon as reasonably practicable following
the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may
be necessary and appropriate to annex and zone the SUBJECT PROPERTY under the R -1 One -
Family Residence District, and B -3 Service Business District under provisions of the Zoning
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Ordinance. The zoning map of the CITY shall thereupon be modified to reflect the
classifications of the SUBJECT PROPERTY as aforesaid. The Parties have also agreed to limit
I the permitted uses in the B -3 Service Business District as depicted in Exhibit "C" attached
hereto. It is further understood and agreed to by the Parties that an assisted living facility is a
permitted use within said B -3 Service Business District.
OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed
in accordance with the ordinances of the CITY, unless otherwise provided for herein, and agree
to follow all of the policies and procedures of the CITY in connection with such development
except as modified in this Agreement
3. MODIFICATIONS OF LOCAL CODES. The specific modifications and
deviations from the CITY'S ordinances, rules, and codes contained herein have been requested,
approved and are permitted with respect to the development, construction, and use of the Subject
Property ( "Permitted Modifications ").
(A) OWNERS and DEVELOPER shall be granted approval by the CITY to utilize a
maximum of six (6) feet of bounce in the two retention areas located adjacent to and south of
Galena Road, as well as the retention area located north of the existing Mill Road as depicted in
Exhibit "D ". OWNERS and DEVELOPER shall also be permitted to utilize a four to one (4/1)
side slope ratio with no buffer requirement in the two retention areas located adjacent to and
south of Galena Road, as well as the retention area located north of the existing Mill Road as
depicted in Exhibit "D ". Additionally, the CITY shall allow OWNERS and DEVELOPER to
construct and utilize wet retention basins which are less than two (2) acres in size.
(B) OWNERS and DEVELOPER shall be allowed to construct a school facility upon
the portion of the Subject Property zoned in the R -1 District. The school facility built upon the
Subject Property shall be allowed to be built to a maximum height of fifty -five (55) feet.
(C) OWNERS and DEVELOPER shall be allowed to construct a church facility upon
the portion of the Subject Property zoned in the R -1 District. The church facility shall be
allowed a maximum building height of fifty -five feet (55), and a church steeple maximum height
of one - hundred and ten (110) feet shall also be permitted.
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(D) OWNERS and DEVELOPER shall be allowed to construct, maintain, and operate
an outdoor recreation facility located within the R -1 area of the Subject Property. Such outdoor
recreation facility may include paved surfaces and equipment necessary for skate boarding,
inline skating or for any other outdoor recreational activities which the OWNERS and
DEVELOPER may wish to engage in upon the Subject Property. Such outdoor recreation
facility shall be constructed, operated, and maintained by OWNER'S and DEVELOPER and will
comply with CITY building and safety codes.
(E) CITY agrees that all signs which are permitted under Chapter 12 of the CITY
Zoning Ordinance for Business Districts shall be permitted within the area of the Subject
Property which are zoned R -1. OWNERS and DEVELOPERS shall be allowed illuminated
permanent signs up to one hundred (100) square feet in area advertising the church and school
facility within the R -1 zoned area of the Subject Property. Furthermore OWNERS and
DEVELOPERS shall be allowed to construct permanent stone entry monuments upon the
Subject Property. Such Monuments shall be permitted at entry points located along the existing
Mill Road, Kennedy Road and Galena Road
(F) OWNERS and DEVELOPER shall also be allowed to illuminate the church
steeple and parking lots within the R -1 zoned portion of the Subject Property
(G) The following interim uses set forth below shall be allowed anywhere within the
Subject Property during the term of this Agreement,
(i) As of the date of this Agreement there is an occupied residential detached
housing unit located on the southeast corner of the Subject Property which is in the area
proposed to be zoned B -3. OWNERS and DEVELOPER wish to continue to rent the
aforementioned residence to their tenants. For this reason the CITY agrees to allow the
continued use of such residential unit for residential purposes until development of this
portion of the Subject Property is commenced.
(ii) The Subject Property is currently utilized for farming purposes. The
CITY agrees to allow the OWNERS and DEVELOPER, or their farm tenant to continue
all types of crop farming upon the Subject Property until development of the Subject
Property is commenced.
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4. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS
and DEVELOPER agree that any extension and/or construction of utilities and public
improvements shall be performed in accordance with existing CITY subdivision regulations as
modified by this Agreement. Any on -site work and the cost thereof shall be the responsibility of
OWNERS and DEVELOPER except as otherwise provided in this Agreement.
5. SECURITY INSTRUMENTS.
A. Posting Securitv. OWNERS and DEVELOPER shall deposit, or cause to be
deposited, with the CITY such irrevocable letters of credit or surety bonds
( "Security Instruments ") to guarantee completion and maintenance of the public
improvements to be constructed as a part of the development of each Phase of
Development as are required by applicable ordinances of the CITY. The
DEVELOPER shall have the sole discretion, subject to compliance with Illinois
Compiled Statutes, as to whether an irrevocable letter of credit or surety bond will
be used as the Security Instruments. The amount and duration of each Security
Instrument shall be as required by applicable ordinances of the CITY. The City
Council upon recommendation by the City Engineer, may from time to time
approve a reduction or reductions in the Security Instruments by an amount not in
excess of eighty five percent (85 1 /o) of the value certified by the City Engineer of
the completed work, so long as the balance remaining in the Security Instruments
is at least equal to one hundred ten percent (110 %) of the cost to complete the
remaining public improvements for the applicable Phase of Development.
Perimeter roadways and onsite improvements may be dedicated, constructed,
and/or bonded as independent Phases of Development at the sole discretion of the
DEVELOPER, as long as adjacent phases are seventy percent (70 %) constructed.
B. Acceptance of Underground Improvements and Streets. The CITY, once it has
had the opportunity to inspect and fully confirm that the public improvements
required to be constructed under this Agreement comply with CITY approved
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plans, specifications, and ordinances, shall approve all such public improvements,
all in accordance with Section 21 of this agreement , and shall accept their
dedication subject to the OWNERS'S and DEVELOPER'S warranty, as described
herein, and shall thereafter operate, maintain, repair, and replace all such public
improvements located therein. The procedure for acceptance of improvements
shall comply with CITY ordinances. OWNERS and DEVELOPER warrant that
all public improvements required to be constructed by them hereunder shall be
free from defects in workmanship or material for a period of one (1) year after
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acceptance thereof by the CITY. Upon notice from CITY, OWNERS and
DEVELOPER shall promptly commence to remedy any defects covered by the
foregoing warranties, and in addition thereto, in the event that any construction or
build out activity within any Phase of the development of the SUBJECT
PROPERTY is determined to have damaged any public improvements previously
installed by OWNERS and DEVELOPER within the SUBJECT PROPERTY,
then, upon notice thereof from the CITY, OWNERS and DEVELOPER shall
promptly commence to repair or replace any and all public improvements so
damaged.
C. Reduction of Suretv Within sixty (60) calendar days after (a) receipt of
notice from the OWNERS and DEVELOPER that certain of the public
improvements and facilities within a phase of the SUBJECT PROPERTY under
development have been completed, and (b) delivery to the City of all required
documentation (including without limitation material certifications), the City
Engineer shall inspect said improvements and indicate, in writing, either his
approval or disapproval of the same. If such improvements are not approved, the
reasons therefore shall, within said sixty (60) calendar day period, be set forth in a
written notice to the OWNERS and DEVELOPER. Upon the OWNER'S and
DEVELOPERS correction of the punch list items set forth in said notice, the City
Engineer, at the OWNER'S and DEVELOPER'S request, shall re- inspect the
improvements to be corrected and either approve or disapprove said
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improvements, in writing within sixty (60) working days of receipt of the
OWNERS and DEVELOPER'S notice requesting said re- inspection. As public
improvements are partially completed and paid for by the OWNERS and
DEVELOPER and accepted by the CITY the Security Instruments deposited by
the OWNERS and DEVELOPER with the CITY, if requested by the OWNERS
and DEVELOPER, may be proportionately reduced or released on an individual
improvement -by- improvement basis. Notwithstanding anything herein to the
contrary, the CITY shall have no obligation to reduce or release the last ten (10 %)
of any Security Instrument provided hereunder until all warranty obligations of
OWNERS and DEVELOPER secured thereby have lapsed.
D. Construction of Offsite and Onsite Improvements OWNERS shall be
allowed to construct the required off site and onsite improvements
simultaneously with the issuance of building permits for individual lots and/or
buildings, but it is understood that building permits may not be issued unless
OWNERS and DEVELOPER have provided adequate road access (i.e. gravel
course or paved roads) to the lots for emergency vehicles and has provided
sufficient water supplies for fire fighting purposes. All other offsite and onsite
improvements (except final lift of bituminous asphalt surface on roads if
weather, labor strikes, plant closings or any other condition or circumstance
beyond OWNERS and DEVELOPER'S control prevents installation of such
improvements), serving any said lot or building shall be installed by OWNER
and DEVELOPER and approved by the CITY, however, before an occupancy
permit is issued for said lot or building, the balance of the required onsite
subdivision improvements not required to serve said lot or building may be
constructed in phases after issuance of the aforesaid occupancy permit, as the
development on each phase progresses.
E. Utilitv Permits The CITY shall issue permits to OWNER and DEVELOPER to
authorize the commencement of construction of utility improvements on the
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SUBJECT PROPERTY or any Parcel or Phase thereof prior to: (i) approval of a
final plat of subdivision; (ii) prior to construction of the CITY utility
improvements provided: (1) such construction is undertaken at the risk of a party
seeking to undertake such work; (2) approved engineering plans for such
improvements have been approved by the CITY that are sufficient in detail for
the CITY to determine the nature and scope of the improvements being
constructed: (3) the preliminary subdivision plat for the Phase upon which the
improvements are being constructed has been approved by the CITY; and (4) the
IEPA and the Fox Metro Water Reclamation District, as applicable, have issued
permits for the construction of sanitary sewer and water lines for the Phase or
Unit on which the improvements are being constructed. The CITY agrees to
process IEPA sewer and water permit applications separate and apart from the
review of final engineering plans so that the IEPA will be in a position to issue
such permits prior to CITY approval of final engineering plans. OWNER and
DEVELOPER acknowledge that the CITY signatures on the IEPA permit
applications do not constitute final plat or plan approval. OWNER and
DEVELOPER shall indemnify the CITY against any claims, actions or losses
the CITY may suffer, sustain or incur because other governmental agency takes
action against the CITY after OWNER and DEVELOPER undertakes
development activities pursuant to the provisions of this Subsection 5.
6. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC
IMPROVEMENTS. Upon completion of other public improvements not constructed specific to
any individual neighborhood (i.e. park areas, offsite utilities, property owners association open
space areas) in each Phase or Unit of Development; and approval by the City Council upon
recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a
release or appropriate reduction of any applicable SECURITY INSTRUMENT, subject to a
maintenance SECURITY INSTRUMENT remaining in place for a one year period from the date
of approval by the CITY.
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7. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes
of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm
water management and drainage, comprehensive land use plan, and related restrictions, as they
presently exist, except as amended, varied, or modified by the terms of this Agreement, shall
apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the
date of this Agreement. Any amendments, repeal, or additional regulations, which are
subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT
PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five
(5) year period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace
period from the date they are notified of any changes to the ordinances, regulations, and codes of
the CITY in order to comply with the new regulations. After said five (5) year period, the
SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and
codes of the CITY in existence on or adopted after the approval of this agreement. The
foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or
enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant
to the express and specific mandate of any superior governmental authority, such ordinance or
regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER,
provided, however, that any so called "grandfather" provision contained in such superior
governmental mandate which would serve to exempt or delay implementation against the
SUBJECT PROPERTY shall be given full force and effect.
j 8. BUILDING CODE. The City has adopted the International Building Code,
which is updated approximately every three years. The building codes for the CITY in effect of
the date of the building permit application will govern any and all construction activity within
the Subject Property.
9. FEES AND CHARGES. During the first five (5) years following the date of
issuance of the first building permit, the CITY shall impose upon and collect from the OWNERS
and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license,
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tap on and connection fees and charges, and in such amount or at such rate, as are in effect on the
date of this Agreement and as is generally applied throughout the CITY, except as otherwise
expressly provided for in this agreement. At the expiration of this five year term, the CITY shall
give the OWNERS and DEVELOPER a six (6) month grace period from the date they are
notified of any changes to the permit, impact, license, tap on and connection fees and charges in
order to comply with the new regulations.
10. FEES APPLICABLE TO THE R -1 ZONED AREA. As of the date of this
Agreement it is the intention of the Parties that the portion of the SUBJECT PROPERTY zoned
R -1 Low Density Residential will be occupied by a school as well as a church facility. However
if the OWNERS and DEVELOPER choose to build any type of residential housing unit upon the
SUBJECT PROPERTY then the OWNERS and DEVELOPERS will be subject to all CITY
development fees applicable to residential developments including, but not limited to, building
permit fees, donations, impact fees, dedications for school and park sites, and other CITY
requirements.
11. CONTRIBUTIONS. The City shall not require the OWNERS and
DEVELOPER to donate any land or money to the CITY, or any other governmental body,
except as otherwise expressly provided in this Agreement.
12. PROJECT SIGNS. Following the date of this Agreement and through the date
of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and
DEVELOPER shall be entitled to construct, maintain and utilize development identification,
marketing and location signs on the existing Mill Road, Kennedy Road, and Galena Road, and at
such other locations within the corporate limits of the CITY as OWNERS and DEVELOPER
may designate subject to sign permit review and issuance by the CITY. Development
identification, marketing, and location signs located on the existing Mill Road, Kennedy Road,
and Galena Road shall be allowed to have a maximum surface area of one - hundred and eighty
square feet (180), and shall be fifteen (15) feet high, and twelve (12) feet wide. Any Offsite
Signs will not be located on public right -of -ways. OWNERS and DEVELOPER shall be
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responsible, at its expense, for obtaining all necessary and appropriate legal rights for the
construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject
to approval by the CITY.
13. CONSTRUCTION TRAILERS.
OWNERS and DEVELOPER may locate temporary construction trailers upon the
SUBJECT PROPERTY during the development and build out of said property, provided any
such trailer shall be removed within two (2) weeks following issuance of the final occupancy
permit for the SUBJECT PROPERTY. A permit will be required by the CITY for any trailer
that will be utilized as office space.
14. CONTRACTORS TRAILERS. The CITY agrees that from and after the date
of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be
placed upon such part or parts of the SUBJECT PROPERTY as required and approved by
OWNERS and DEVELOPER for development purposes. Said trailers may remain upon the
SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT
PROPERTY. A permit will be required by the CITY for any trailer that will be utilized as
office space. All contractor's trailers and supply trailers shall be kept in good working order
and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will
be located within dedicated right -of -way.
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15. OVERSIZING OF IMPROVEMENTS.
A. Recapture Agreement. In the event the CITY requests the DEVELOPER to
construct a CITY improvement beyond that needed for the proposed development or other
public improvement, including oversizing and or deepening of such improvements, which will
serve property other than the SUBJECT PROPERTY, and benefit the CITY as a whole, then
the CITY agrees to adopt recapture ordinances to reimburse the DEVELOPER for such
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expenses including engineering, construction, and other costs which may reasonably be
expected to be incurred by the DEVELOPER.
16. LIMITATIONS. In no event, including, without limitation, the exercise of the
authority granted in Chapter 65, Section 5/11 -12 -8 of the Illinois Compiled Statutes (2002) ed.,
shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public
purposes, except as otherwise provided in this Agreement.
17. RELOCATION OF MILL ROAD. The CITY agrees to use their best efforts to
relocate Mill Road to accommodate the development of the Subject Property. It is understood by
the Parties that the CITY shall be responsible for all costs associated with the relocation of Mill
Road. Furthermore the CITY agrees to pay all costs associated with removing the vacated Mill
Road from the Subject Property, including asphalt removal, dumping fees, and grading, as well
as any existing utilities located within the existing Mill Road right of way.
Furthermore upon completion of the new Mill Road the CITY agrees to close and Vacate the
existing Mill Road. Upon vacation, the land up to the centerline where adjacent to the Subject
Property shall be deeded and/or otherwise released or conveyed to the OWNERS and
DEVELOPER at no cost, and the OWNERS and DEVELOPERS shall incorporate the land into
the proposed subdivision at the DEVELOPER'S discretion. CITY and DEVELOPER shall
cooperate in the timing of the closing and vacation to meet the reasonable demands of the
DEVELOPER. Provided however, there shall be no vacation of this section of roadway until the
new Mill Road is constructed and connects to Kennedy Road.
Upon the City's removal and vacating of the existing Mill Road, OWNERS and DEVELOPER
shall be allowed to reconstruct a road either where the vacated Mill Road was formerly located if
the adjacent owner agrees to provide the necessary land and monetary contribution, or solely
upon the SUBJECT PROPERTY adjacent to where the existing Mill Road formerly existed.
Any road constructed by OWNERS and DEVELOPER will fully comply with all CITY codes,
ordinances, and regulations.
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18. ONSITE EASEMENTS AND IMPROVEMENTS.
If any easement granted to the CITY as a part of the development of the SUBJECT
PROPERTY is subsequently determined to be in error or located in a manner inconsistent with
the intended development of the SUBJECT PROPERTY, the CITY shall fully cooperate with
OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities
located therein.
19. DISCONNECTION. OWNERS and DEVELOPER shall develop the Subject
Property in accordance with the terms of this agreement, and shall not, as either the OWNERS or
DEVELOPER of said property, petition to disconnect any portion or all of said property from the
CITY or from any service provided by the CITY.
20. CONFLICT IN REGULATIONS. The provisions of this Agreement shall
supersede the provisions of any ordinance, code, or regulation of the CITY which may be in
conflict with the provisions of this Agreement.
21. TRANSFER. DEVELOPER may assign this Agreement without CITY
approval, but only in connection with its conveyance of all or any part of the SUBJECT
PROPERTY, and upon said assignment and acceptance by an assignee, the DEVELOPER shall
have no further obligations hereunder as to the that portion of the SUBJECT PROPERTY so
conveyed, but shall continue to be bound by this Agreement and shall retain the obligations
created thereby with respect to any portion of the SUBJECT PROPERTY retained and not
conveyed. If DEVELOPER or its successors sell a portion of the SUBJECT PROPERTY, the
seller shall be deemed to have assigned to the purchaser any and all rights and obligations it may
have under this Agreement (excluding rights of recapture) which affect the portion of the
SUBJECT PROPERTY sold or conveyed and thereafter the seller shall have no further
obligations under this Agreement as it relates to the portion of the SUBJECT PROPERTY so
conveyed, but any such seller shall retain any rights and obligations it may have under this
Agreement with respect to any part of the SUBJECT PROPERTY retained and not conveyed by
such seller. Notwithstanding any such assignment of this Agreement or any such sale or
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conveyance, unless the successor to or assignee of the DEVELOPER of all or a portion of the
SUBJECT PROPERTY shall have deposited and substituted its letter of credit as security for the
construction, repair and maintenance of roadway or other public improvements with the CITY,
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the DEVELOPER or other seller though otherwise released from all obligations hereunder, shall
keep its letter of credit on deposit with the CITY until such time as the DEVELOPER or the
successor to or assignee of the DEVELOPER has provided a substitute letter of credit. comment [vmrl]:
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22. GENERAL PROVISIONS
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A. Enforcement This Agreement shall be enforceable in the Circuit Court of Kendall
County by any of the parties or their successors or assigns by an appropriate
action at law or in equity to secure the performance of the covenants and
agreements contained herein, including the specific performance of this
Agreement. This Agreement shall be governed by the laws of the State of Illinois.
B. Successors and Assigns. This Agreement shall inure to the benefit of and be
binding upon the OWNERS, DEVELOPER and their successors in title and
interest, and upon the CITY, and any successor municipalities of the CITY. It is
understood and agreed that this Agreement shall run with the land and as such,
shall be assignable to and binding upon each and every subsequent grantee and
successor in interest of the OWNERS and DEVELOPER, and the CITY.
C. Total Incomoration. This Agreement contains all the terms and conditions agreed
upon by the parties hereto and no other prior agreement, regarding the subject
matter hereof shall be deemed to exist to bind the parties. The parties
acknowledge and agree that the terms and conditions of this Agreement, including
the payment of any fees, have been reached through a process of good faith
negotiation, both by principals and through counsel, and represent terms and
conditions that are deemed by the parties to be fair, reasonable, acceptable and
contractually binding upon each of them.
120461/1 16
D. Notices. Notices or other materials which any party is required to, or may wish
to, serve upon any other party in connection with this Agreement shall be in
writing and shall be deemed effectively given on the date of confirmed
telefacsimile transmission, on the date delivered personally or on the second
business day following the date sent by certified or registered mail, return receipt
requested, postage prepaid, addressed as follows:
(I) If to OWNERS Andrew G. White, Esq.
Dickson & Hasenbalg
2000 W. Galena Blvd. Suite 305
Aurora, IL. 60506
Fax: (630) 553-2134
(II) If to New Life Church of Yorkville
Pastor Rick Thiemke
DEVELOPER: 3205 Cannonball Trail
Yorkville, IL. 60560
Fax: (630)553-7338
with copies to: John Philipchuck
Dommermuth, Brestal, Cobine &West Ltd
123 Water St.
Naperville, IL 60566
Fax: (630) 355 -5976
(III) If to CITY: United City of Yorkville
Attn: City Clerk
800 Game Farm Road
Yorkville, I160560
Fax: (630) 553-7575
with a copy to: John Wyeth Esq.
800 Game Farm Rd.
Yorkville, 1160560
Fax: (630) 553-7575
or to such other persons and/or addresses as any party may from time to time
designate in a written notice to the other parties.
120461/1 17
E. Severabilitv This Agreement is entered into pursuant to the provisions of the
Agreements With Owners of Record Act of the Illinois Municipal Code (65 ILCS
5/11- 15.1 -1, et seq.) In the event any part or portion of this Agreement, or any
provision, clause, word, or designation of this Agreement is held to be invalid by
any court of competent jurisdiction, said part, portion, clause, word or designation
of this Agreement shall be deemed to be excised from this Agreement and the
invalidity thereof shall not effect such portion or portions of this Agreement as
remain. In addition, the CITY and OWNERS and DEVELOPER shall take all
action necessary or required to fulfill the intent of this Agreement as to the use
and development of the SUBJECT PROPERTY.
F. Agreement This Agreement, and any Exhibits or attachments hereto, may be
amended from time to time in writing with the consent of the parties, pursuant to
applicable provisions of the City Code and Illinois Compiled Statutes This
Agreement may be amended by the CITY and the owner of record of a portion of
the SUBJECT PROPERTY as to provisions applying exclusively thereto, without
the consent of the owner of other portions of the SUBJECT PROPERTY not
effected by such Agreement.
G. Convevances Nothing contained in this Agreement shall be construed to restrict
or limit the right of the OWNERS and DEVELOPER to sell or convey all or any
portion of the SUBJECT PROPERTY, whether improved or unimproved.
H. Necessary Ordinances and Resolutions The CITY shall pass all ordinances and
resolutions necessary to permit the OWNERS and DEVELOPER, and their
successors or assigns, to develop the SUBJECT PROPERTY in accordance with
the provisions of this Agreement, provided said ordinances or resolutions are not
contrary to law. The CITY agrees to authorize the Mayor and City Clerk to
120461/1 18
execute this Agreement or to correct any technical defects which may arise after
the execution of this Agreement.
I. Term of Agreement. The term of this Agreement shall be twenty (20) years. In
the event construction is commenced within said twenty -year period all of the
terms of this Agreement shall remain enforceable despite said time limitation,
unless modified by written agreement of the CITY and DEVELOPER/OWNERS.
J. Captions and Paragraph Headings. The captions and paragraph headings used
herein are for convenience only and shall not be used in construing any term or
provision of this Agreement.
K. Recording This Agreement shall be recorded in the Office of the Recorder of
Deeds, Kendall County, Illinois, at OWNERS and DEVELOPER'S expense.
L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement,
and the exhibits attached hereto, are incorporated herein by this reference and
shall constitute substantive provisions of this Agreement.
M. Countemarts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the
same document.
N. No Moratorium. The CITY shall not limit the number of building or other
permits that may be applied for within any approved phase due to any CITY
imposed moratorium and shall in no event unreasonably withhold approval of said
permits or approval for the Final Plat of any Phase of the Subject Property.
Nothing contained herein shall affect any limitations imposed as to sanitary sewer
or water main extensions by the Illinois Environmental Protection Agency, Foz
120461/1 19
Metro Water Reclamation District, or any other governmental agency that
preempts the authority of the United City of Yorkville.
O. Time is of the Essence Time is of the essence of this Agreement and all
documents, agreements, and contracts pursuant hereto as well as all covenants
contained in this Agreement shall be performed in a timely manner by all parties
hereto.
P. Exculpation It is agreed that the CITY is not liable or responsible for any
restrictions on the CITY'S obligations under this Agreement that may be required
or imposed by any other governmental bodies or agencies having jurisdiction over
the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS,
including, but not limited to, county, state or federal regulatory bodies.
Q. Liabilitv of OWNERS. It is expressly understood and agreed by and among the
parties hereto that all responsibility of The Estate of Elizabeth Bauman and The
Henry A. Bauman Sr. Bypass Trust shall be extinguished simultaneously with the
transfer of title to the real estate from the OWNERS to the Purchaser, New Life
Church of Yorkville, An Illinois Not For Profit Corporation, as DEVELOPER
hereunder. Thereafter, the DEVELOPER assumes all of the responsibilities and
obligations of the OWNERS under this Agreement. It being understood and
agreed, however, that OWNERS shall also have no obligation to perform the
obligations of the DEVELOPER, unless said OWNERS agree in writing to assume
said obligations.
120461/1 20
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this
Agreement as of the day and year first above written.
CITY: DEVELOPER:
UNITED CITY OF YORKVILLE, NEW LIFE CHURCH OF YORKVILLE,
an Illinois niulueipal corporat• n an Illinois not for profit corporation
By By:
Title: Mayor Fresident
�7
Att ttest: C
Tit . C Cler Secretar /
Dated: (c k t�� Dated:
120461/1 21
I
OWNER:
THE ESTATE OF ELIZABETH G. BAUMANN, DECEASED; THERESA R. HOFFMANN
AND GEORGE P. BAUMANN, INDEPENDENT EXECUTORS
C'
By:
a
Its: f x�c or -
Attest:
Its: jr ee-.Ye r
120461/1 23
OWNER:
HENRY A BAUMANN SR, BY -PASS TRUST C/O TERESA R HOFFMANN AND
GbO ) P. BAUMAN � � J A •
Its: - -
Attest: ,���� ly � *
Its: : Crm
12046111 24
EXHIBIT "A"
�SII rIENGINECRING CONSULTAINTS. 0M.
PLAT OF ANNEXATION
TO THL
UNITED CITY OF YORKVILLE ,
CarPJJY w dlQU[
PART OF THE SDUTMt£Sr DUARTER OF SECTION 1T, TOUNSH[P 37 NORTH, RANGE '7 EAST OF m„ J..w•a a. ^ _ •., a., Ar r• J. ,,,
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TO TAL AMEAGE TO EE AMEXED
TO ' ' ''!
4936 AM65 Cl' LAA0 MORE OP L 1 a.ew mPr'rmrre:..a,:m.,,.... lr r.0 la,r Qrra.r m.,Awr
P55 ' I r', n Poa n• a• rJ. wm., . my w .,a m. r. r r r. Q ra
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suawarans 1
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Jlral nv� rm,nrQS ay.[.rJw una.a u.PS a.rr �� =•).� r PLAT OF ANNExAROv
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DEED LEGAL DESCRIPTIONS:
PARCEL ONE:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF "STORYBOOK HIGHLANDS, UNIT
NO. 2, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS "; THENCE SOUTH 00'07'45"
EAST, 1469.90 FEET TO THE CENTER LINE OF MILL ROAD; THENCE NORTH 80'3 V 51"
WEST ALONG SAID CENTER LINE, 1214.66 FEET FOR A POINT OF BEGINNING;
THENCE NORTH 80 31' 51" WEST ALONG SAID CENTER LINE 1662.34 FEET TO THE
ORIGINAL CENTER LINE OF KENNEDY ROAD; THENCE NORTH 08° 10' 31" WEST
ALONG SAID ORIGINAL CENTER LINE 301.05 FEET TO THE ORIGINAL CENTER LINE
OF A ROAD NOW KNOWN AS CANNONBALL TRAIL; THENCE NORTH 44'46'20" EAST
ALONG SAID ORIGINAL CENTER LINE OF CANNONBALL TRAIL, 952.41 FEET TO THE
SOUTH LINE OF STORYBOOK HIGHLANDS, UNIT 1 EXTENDED WESTERLY; THENCE
NORTH 89 25'00" EAST ALONG SAID SOUTH LINE EXTENDED AND SAID SOUTH LINE
OF UNIT 1, A DISTANCE OF 1008.94 FEET TO A LINE DRAWN NORTH 00° 0745" WEST
FROM THE POINT OF BEGINNING; THENCE SOUTH 00° 07'45" EAST 1257.87 FEET TO
THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
PARCEL TWO:
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF "STORYBOOK HIGHLANDS, UNIT
NO. 2, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS "; THENCE SOUTH 00'07'45"
EAST, 1469.90 FEET TO THE CENTER LINE OF MILL ROAD; THENCE NORTH 80° 31' 51"
WEST ALONG SAID CENTER LINE 788.26 FEET FOR A POINT OF BEGINNING; THENCE
NORTH 80 31' 51" WEST ALONG SAID CENTER LINE 426.40 FEET; THENCE NORTH 00
07'45" WEST 1257.87 FEET TO THE SOUTH LINE OF STORYBOOK HIGHLANDS, UNIT
NO. 1; THENCE NORTH 89° 25'00" EAST ALONG SAID SOUTH LINE AND THE SOUTH
LINE OF SAID UNIT 2, A DISTANCE OF 420.44 FEET TO A LINE DRAWN NORTH 00° 07'
45" WEST FROM THE POINT OF BEGINNING; THENCE SOUTH 00'07'45" EAST 1332.31
FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY,
ILLINOIS.
123677/1
�I
EX((IBIT "B" .
11 511IT11 E114111EE11111 I.N LT.I. rS. INC,
ZOATINC EXHIBIT
worn >�Im1•y "•• - w x.+: xl-.x PART OF TTIE SOUDME QUARTER Or SECRW I I. T0555VSNIP J7 NORTN, RANCE 7 EAST Or
THE Nl.'?0 PRINCIPAL A RIDIAN, BRISTOL TOON -SNP, KENDAL! COUtITY, 2LWOIS
EYLSTriG ZCMGC
X29,VALL COUNTY QS �plMai
..Y 1 .
M1 1P�, -f
1 '
`b
E4STr,G ZOAA G• l
MALTY R-3 �^
?� $ >a''i0'05� ZCArYo� R e.i ai ras-ra awr.r rear ...d
ti' Y0.7.'YL.LE 17-1 wnkrcn � o n• � �'i' �
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{ Exhibit "C"
The following listed uses shall be prohibited uses in the B -3 Service Business District
zoned portion of the SUBJECT PROPERTY,
O Office District
1. Club — Private Indoor
I
B -1 Limited Business District
1. Club- Private Indoor
2. Club —Private Outdoor
3. Substation
B -2 General Business District
1. Dance Hall
2. Pawn Shop
3. Reducing Salon, Masseur, and Stearn Bath
B -3 Service Business District
1. Agricultural Implement Sales and Service
2, Automotive Sales and Service
3. Boat Sales
4. Building Material Sales
5. Business Machine Repair
6. Feed and Grain Sales
7. Golf Driving Range
8. Kennel
9_ Nursery
10, Orchard
11, Recreational Vehicle Sales and Service
11 Taxicab Garage
13, Trailer Rental
14. Truck Rental
15. Truck Sales and Service
I
i
122367/1
THIS EXHIBIT DEPICTS THE REQUESTEDI { "
�,'
BOUNCE AND SLOPE DESIGN STANDARDS / I "'+ w
NEW LIFE CHURCH IS REQUESTING k H
Q ' ` �` ' 30' LANDSCAPE
FULL d
Q� BUFFER i
ACCESS
I i _
l RETENTION 1 ( ARCHITECTURAL RETENTION 4
",; 1.53 AC. 2.22 AC. .�
FOCAL POINT
4:1 SLOPE , E :1 SLOPE r
V BOUNCE / PARKING :4• BOUNCE f
�� /,'% % •..� :; ;�. 11.32 AC. �+
�.J .
1
f>?�ENTION 2 l Fun " G ,
RIGHT IN
�/'
4. .18 SITE
RIGHT OUT,` oE ,. 3.50 AC.
ACCESS
RIGHT IN OEA CIAL r-ROSS
RIGHT OUT � :k I
O i\ LLT ERAN
_ACCESS Cy r „ PARKING +'
/1.87 AC. GROSS I CHURCH
t45 AC. NET
AL
COMMERCI
4
COMMERCI I
f;- INIt� 10.68 AC. GROSS
Z ° MMERCIAII g �. �`' w.00 Ac. NEf
�. 7.60 AC. �. IN
.04 AC. GROSS
m
� ino AG. NET �L'j -. r- "'�..�•- 1 . .t+ ,
RETENTION 3
1.80 AC. 1 r r I[
4:1 SLOPE " 1
��.. "� � w. _ _ 0' BOUNCE - • �;j J
STEVE q - / ��� GRANDE
BRIDGE RESERVE
MEMORIAL _ / DEVELOPMENT
PARK
��! ` • '� Scale: 1° =200•
SEC Planning Consultants STORMWATER EXHIBIT North May 10, 2005
NEW LIFE CHURCH
. a, mm� Deaemaypinp campdee Gmn ne.l evaiotla Nlartaatien, M map ene
YORKVILLE,ILLINOIS ahoun :I WchrH.ladoapeWnfnav,Nn ®aaivmC
wbiae to N.ay." Thla lone pbnN [au n eeu da.l nol
rtpimanl anYl.pVlay apprnal Pa4I%lf,ubI, 9Iu Nanpe-