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Ordinance 2016-33 DEEcE-cIE C3XL-L-ETTE KENDALL COUNTY, IL RECORDED: 7/22/2816 11:18 AM ORDI: 65.88 RNSPS FEE: 18.88 PAGES: 28 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO. 2016-33 I AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO THE ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT (Autumn Creek Subdivision) This is an amendment to Ordinance No. 2005-25 regarding an Annexation and Planned Unit Development Agreement for Autumn Creek Subdivision recorded as Document#200500014962 and also Ordinance No. 2010-31 regarding the First Amendment to the Annexation Agreement and Planned Development Agreement for Autumn Creek Subdivision recorded as Document#201000013699. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois This 26`x'day of April, 2016 Prepared by and Return to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Published in pamphlet form by the authority of the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois on July 14, 2016. Ordinance No.2016- AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS,AUTHORIZING THE EXECUTION OF THE SECOND AMENDMENT TO THE ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT (Autumn Creek Subdivision) WHEREAS,it is prudent and in the best interest of the United City of Yorkville, Kendall County, Illinois, (the "City") that a Second Amendment to the certain Annexation Agreement and Planned Development Agreement as amended by the First Amendment dated July 13, 2010 (the "Original Agreement as Amended"), pertaining to the annexation of real estate described therein (the "Subject Property") be adopted in order to permit the residential development contemplated in said Original Agreement as Amended to proceed; and, WHEREAS, said Original Agreement as Amended authorizes amendments by a purchaser of any portion of the Subject Property without approval of the owners of any other portion of the Subject Property so long as such amendments to this do not affect the rights, duties or obligations of the remaining owners; and, WHEREAS, the statutory procedures provided in 65 ILCS 5/11-15.1-1, as amended, for the execution of a Second Amendment to said Original Agreement as Amended have been fully complied with. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: Section 1. The Second Amendment to the Original Agreement as Amended in the form attached hereto and made a part hereof is hereby approved; and the Mayor and City Clerk are herewith authorized and directed to execute, on behalf of the City, said Second Amendment to the Original Agreement as Amended. Section 2. This Ordinance shall be in full force and effect upon its passage, approval, and publication as provided by law. Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this day of ,A.D. 2016. Cff C ERK Ordinance No.2016- 3 3 Page 2 CARLO COLOSIMO y KEN KOCH JACKIE MILSCHEWSKI Y., LARRY KOT CHRIS FUNKHOUSER JOEL FRIEDERS DIANE TEELING SEAVER TARULIS APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this 10 day of MAY ,A.D. 2016. -A4M MAY R Ordinance No.2016-3 3 Page 3 SECOND AMENDMENT TO ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT (Autumn Creek Subdivision) THIS SECOND AMENDMENT to that certain Annexation Agreement and Planned Development Agreement made and entered into as of the 12th day of April, 2005, by and between Richard J. Theidel and LaSalle Bank National Association, as Successor Trustee under Trust Agreement dated February 15, 1977 and known as Trust Number 4198 ("Owners"), Pulte Home Corporation ("Developer") and the United City of Yorkville ("City") as amended by the First Amendment dated July 13, 2010 (the "Original Agreement, as Amended"), is made this o&day of AflaiL. ,2016,by and between the Developer and the City; and, WHEREAS, the Original Agreement, as Amended relates to certain real estate legally described on Exhibit A attached hereto and made a part hereof and referred to therein as the "Subject Property"; and, WHEREAS, Developer purchased a portion of the Subject Property comprised of approximately 265 acres legally described on Exhibit B attached hereto and made a part hereof and referred to therein as the "Residential Parcel"; and, WHEREAS, Section 34 of the Original Agreement, as Amended authorizes amendments thereto by a purchaser and the City of any portion of the Subject Property, as to such purchased portion, without any action or approval of the Owners of any other portion of the Subject Property if such amendments do not affect the rights, duties or obligations of the Owners of the remaining portions of the Property not included in the amendment; and, WHEREAS, the Developer acquired the Residential Parcel and the Owners relinquished all right, title and interest thereto and the Developer and the City now wish to further amend the Original Agreement, as Amended as it relates to the Residential Parcel; and, WHEREAS, the Original Agreement, as Amended permitted the Developer to make a security deposit to assure completion of outside painting, landscaping, sidewalks, and final surfacing of driveways or final grading; allowed partial acceptance of public improvements under certain conditions; and permitted the continued application of the 2006 building codes through April 25, 2015 (collectively,the "Ordinance Modifications"); and, WHEREAS, pursuant to City Code, all agreements pertaining to requirements such as the Ordinance Modifications have a one year grace period thereby extending the aforesaid code variations until April 25, 2016; and, WHEREAS, the Developer has requested an extension of the Ordinance Modifications for an additional five years and the Mayor and City Council (the "Corporate Authorities") are prepared to grant such request in order to permit the Developer to complete the final phase of the development of the Residential Parcel, all as hereinafter set forth; and, WHEREAS, all notices required by law relating to this Second Amendment have been given to the persons or entities entitled thereto, pursuant to the applicable provisions of the Illinois Municipal Code; and, WHEREAS, the Corporate Authorities of the City have duly fixed the time for a public hearing on this Second Amendment and pursuant to legal notice have held such hearing thereon all as required by the provisions of the Illinois Municipal Code; NOW, THEREFORE, in consideration of the mutual covenants, agreements and conditions herein contained, and by authority of and in accordance with the aforesaid statutes of the State of Illinois,the parties agree as follows: Section 1. The City agrees that the following Ordinance Modifications, solely in relationship to the Residential Parcel shall be extended to April 25,2021: A. To not collect or seek any payments or other security from the Developer for the completion of outside painting, landscaping, sidewalks, final surfacing of driveways or final grading for individual homes on the condition that the Developer deposit with the City cash in the amount of$25,000 as security for the development of the Residential Parcel, which cash deposit must be replenished in order to maintain a deposit no less than $25,000 until the final certificate of occupancy for each unit included within the Residential Parcel has been issued. B. To continue partial acceptance of a category of a public improvement within each phase upon completion of said public improvement on the condition that the Developer covenants and agrees to remain responsible for maintenance, repair, and/or replacement, if necessary, of any surface structure constructed within that phase until the expiration of the Warranty Period, as defined in the Original Agreement, as Amended. For the purposes of this Agreement "surface structure" shall mean any part of any public infrastructure that exists above or extends to the ground surface, thereby making it vulnerable to damage. For the purposes of this Agreement "category of public improvement" shall constitute each of the following: earthwork, erosion control, water main, sanitary sewer, storm water, paving, lighting, sidewalks and common area landscaping. C. To apply the 2006 building and related codes without requirements for sprinklers or fire suppression devices as applying to the single family homes constructed on the Residential Parcel during such period. 2 D. To a continuation of all fees currently in effect for the development of the Residential Parcel with no increases, other than the building permit fee and costs incurred by the City for water meters as described on Exhibit C attached hereto and made a part hereof and referred to therein as the"Fee Schedule" . Section 2. The Developer agrees through the term of the Original Agreement, as Amended, as follows: A. To adhere to the City's Building Appearance Code as currently in effect for the single-family residential units of each vacant lot remaining on the Subject Property and be granted relief of the appearance standards for the remaining townhome units. B. If any sections of the Autumn Creek Subdivision are replatted, to provide to the City a fiscal impact analysis with any request to change density of the number of residences from any prior plat, which analysis shall demonstrate that any change in densities shall not have any negative impact on the then current homeowners association assessments or special service area payments. C. To keep in place the currently committed funds for the reconstruction of Kennedy Road and not decrease said funds as a result of any change in density which is based upon the original 575 total number of dwelling units, inclusive of 317 single-family and 258 townhome residences. D. To adhere to the requirements of all applicable city ordinances relating toprocedures for acceptance of public improvements constructed as a part of the development of all or a portion of the Subject Property which are in effect as of the date all required development approvals are issued by the City. Section 3. Unless otherwise provided for herein, all other terms from the Original Agreement shall remain in full force and effect through the term of the Original Agreement. 3 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the date and year first above written. DEVELOPER: PULT zRTM O ORATION By: Name: $� Its: and By: Name: Ibt, Its: 1 j fjn/&4er" CITY: UNITED CITY OF YORKVILLE, an Illinoi unici al co o ation By: Name: Gjqgj j . GOL145V- Its: Mayor ATTEST: Name: Its: City Clerk I i 4 EXHIBIT A Subject Property 5 EXHIBIT A ANNEXATION PROPERTY PARCEL ]: THAT PART OF THE WEST HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL LOCATION OF A STONE IN THE CENTER LINE OF THE BRISTOL AND OSWEGO ROAD, PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 34 DEGREES 59 MINUTES 00 SECONDS WEST, ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE CENTERLINE OF U.S. ROUTE 34, MEASURED FROM NORTHEAST TO NORTHWEST, 2,054.60 FEET FOR POINT OF BEGINNING; THENCE SOUTH 52 DEGREES 08 MINUTES 00 SECONDS WEST, 825.40 FEET; THENCE NORTH 38 DEGREES 06 MINUTES 00 SECONDS WEST, 1,803.88 FEET TO THE CENTER LINE OF KENNEDY ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, 1,581.49 FEET TO A POINT WHICH IS 350.0 FEET SOUTHWESTERLY OF, AS MEASURED ALONG SAID CENTER LINE, THE MOST EASTERLY CORNER OF BRISTOL LAKE SUBDIVISION; THENCE SOUTH 38 DEGREES 15 MINUTES 40 SECONDS EAST, 1,639.93 FEET TO A LINE DRAWN NORTH 52 DEGREES 45 MINUTES 17 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 52 DEGREES 45 MINUTES 17 SECONDS WEST, 750.69 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL2: THAT PART OF THE SOUTH HALF OF SECTION 15 AND THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION, AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID SUBDIVISION 1988.0 FEET TO THE NORTHEASTERLY CORNER OF SAID SUBDIVISION; THENCE NORTHWESTERLY ALONG A LINE MAKING AN ANGLE OF 180 DEGREES 13 MINUTES 25 SECONDS MEASURED COUNTER-CLOCKWISE FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 895.02 FEET TO AN EXISTING IRON PIPE STAKE; THENCE EASTERLY ALONG AN OLD FENCE LINE FORMING AN INTERIOR ANGLE OF 58 DEGREES 15 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1298.88 FEET(19.68 CHAINS)TO AN IRON PIPE STAKE HEREWITH PLACED;THENCE SOUTHEASTERLY ALONG AN OLD ESTABLISHED LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 124 DEGREES 23 MINUTES 38 SECONDS WITH THE LAST DESCRIBED COURSE A DISTANCE OF 2185.47 FEET TO AN EXISTING IRON PIPE 133300.016 00554363 DOC I STAKE ON THE CENTER LINE OF KENNEDY ROAD WHICH IS 1213.59 FEET NORTHEASTERLY FROM THE POINT OF BEGINNING, AS MEASURED ALONG SAID CENTER LINE; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE 1213.59 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1348.57 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 88 DEGREES 37 MINUTES 37 SECONDS WITH THE LAST DESCRIBED COURSE A DISTANCE OF 1224.23 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID BRISTOL LAKE SUBDIVISION WHICH IS 0.46 FEET SOUTHWESTERLY FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE 0.46 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS (EXCEPTING THEREFROM THAT LAND CONVEYED TO KENNETH D. DOTY,JR., IN DEED RECORDED AS DOCUMENT NUMBER R85-5973, DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7,EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, 299.54 FEET; THENCE SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 287.11 FEET; THENCE SOUTHWESTERLY, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 306.88 FEET TO THE EASTERLY LINE OF A TRACT OF LAND CONVEYED TO HERBERT L. RUCKS BY A WARRANTY DEED RECORDED AUGUST 1, 1966 IN BOOK 149 ON PAGE 303; THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE TO A POINT ON SAID CENTER LINE WHICH IS 0.46 FEET SOUTHWESTERLY OF THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, 0.46 FEET TO THE POINT OF BEGINNING, IN BRISTOL. TOWNSHIP, KENDALL COUNTY, ILLINOIS) PARCEL 4: THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: 133300 016:00554363 DOC. I COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1364.57 FEET FOR THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE 1348.57 FEET TO THE PENULTIMATE DESCRIBED POINT; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1402.38 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 84 DEGREES 52 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE (BEING A LINE DRAWN PARALLEL WITH THE CENTER LINE OF U.S. HIGHWAY ROUTE 34) A DISTANCE OF 2301.24 FEET; THENCE NORTHWESTERLY ALONG A LINE DRAWN NORTH 35 DEGREES 30 MINUTES WEST FROM A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22 WHICH IS 23.03 CHAINS WEST OF THE SOUTHEAST CORNER OF SAID SECTION 22 (SAID LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE) A DISTANCE OF 914.67 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 92 DEGREES 15 MINUTES 44 SECONDS WITH THE LAST DESCRIBED COURSE 877.73 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 263 DEGREES I1 MINUTES 34 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 392.38 TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCELS: THAT PART OF SEC'T'ION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10, PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD FORMING AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, 2630.77 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE 1142.51 FEET TO THE CENTER LINE OF U.S. HIGHWAY ROUTE 34; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE FORMING AN INTERIOR ANGLE WITH THE LAST DESCRIBED COURSE OF 84 DEGREES 52 MINUTES 28 SECONDS, 2336.0 FEET TO AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL {33300 016 00554363 DOC 1 LOCATION OF A STONE IN THE CENTER LINE OF THE ORIGINAL BRISTOL AND OSWEGO ROAD PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND THENCE NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 35 DEGREES 30 MINUTES WEST ALONG A LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE 1139.93 FEET TO A LINE DRAWN SOUTHWESTERLY PARALLEL WITH SAID CENTER LINE OF SAID ROUTE NO. 34 FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE FORMING AN INTERIOR ANGLE OF 86 DEGREES 36 MINUTES 53 SECONDS WITH THE LAST DESCRIBED COURSE 2301.24 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. {33300,016 00554363 DOC } EXHIBIT B Residential Parcel 6 EXHIBIT B RESIDENTIAL PORTION PARCEL ]: THAT PART OF THE WEST HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL LOCATION OF A STONE IN THE CENTER LINE OF THE BRISTOL AND OSWEGO ROAD, PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 34 DEGREES 59 MINUTES 00 SECONDS WEST, ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE CENTERLINE OF U.S. ROUTE 34, MEASURED FROM NORTHEAST TO NORTHWEST, 2,054.60 FEET FOR POINT OF BEGINNING; THENCE SOUTH 52 DEGREES 08 MINUTES 00 SECONDS WEST, 825.40 FEET; THENCE NORTH 38 DEGREES 06 MINUTES 00 SECONDS WEST, 1,803.88 FEET TO THE CENTER LINE OF KENNEDY ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, 1,581.49 FEET TO A POINT WHICH IS 350.0 FEET SOUTHWESTERLY OF, AS MEASURED ALONG SAID CENTER LINE, THE MOST -EASTERLY CORNER OF BRISTOL LAKE SUBDIVISION; THENCE SOUTH 38 DEGREES 15 MINUTES 40 SECONDS EAST, 1,639.93 FEET TO A LINE DRAWN NORTH 52 DEGREES 45 MINUTES 17 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 52 DEGREES 45 MINUTES 17 SECONDS WEST, 750.69 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. PARCEL2: THAT PART OF THE SOUTH HALF OF SECTION 15 AND THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION, AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHWESTERLY ALONG THE NORTHEASTERLY LINE OF SAID SUBDIVISION 1988.0 FEET TO THE NORTHEASTERLY CORNER OF SAID SUBDIVISION; THENCE NORTHWESTERLY ALONG A LINE MAKING AN ANGLE OF 180 DEGREES 13 MINUTES 25 SECONDS MEASURED COUNTER-CLOCKWISE FROM THE LAST DESCRIBED COURSE, A DISTANCE OF 895.02 FEET TO AN EXISTING IRON PIPE STAKE; THENCE EASTERLY ALONG AN OLD FENCE LINE FORMING AN INTERIOR ANGLE OF 58 DEGREES 15 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1298.88 FEET(19.68 CHAINS)TO AN IRON PIPE STAKE HEREWITH PLACED; THENCE SOUTHEASTERLY ALONG AN OLD ESTABLISHED LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 124 DEGREES 23 MINUTES 38 SECONDS WITH THE LAST DESCRIBED COURSE A DISTANCE OF 2185.47 FEET TO AN EXISTING IRON PIPE STAKE ON THE CENTER LINE OF KENNEDY ROAD WHICH IS 1213.59 FEET {33300 016 00554365 DOC. } NORTHEASTERLY FROM THE POINT OF BEGINNING, AS MEASURED ALONG SAID CENTER LINE; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE 1213.59 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL,KENDALL COUNTY, ILLINOIS. PARCEL 3: THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1348.57 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 88 DEGREES 37 MINUTES 37 SECONDS WITH THE LAST DESCRIBED COURSE A DISTANCE OF 1224.23 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID BRISTOL LAKE SUBDIVISION WHICH IS 0.46 FEET SOUTHWESTERLY FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE 0.46 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS (EXCEPTING THEREFROM THAT LAND CONVEYED TO KENNETH D. DOTY, JR., IN DEED RECORDED AS DOCUMENT NUMBER R85-5973, DESCRIBED AS FOLLOWS: THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, 299.54 FEET; THENCE SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 287.11 FEET;THENCE SOUTHWESTERLY, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 306.88 FEET TO THE EASTERLY LINE OF A TRACT OF LAND CONVEYED TO HERBERT L. RUCKS BY A WARRANTY DEED RECORDED AUGUST 1, 1966 IN BOOK 149 ON PAGE 303; THENCE NORTHWESTERLY ALONG SAID EASTERLY LINE TO A POINT ON SAID CENTER LINE WHICH IS 0.46 FEET SOUTHWESTERLY OF THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID CENTER LINE, 0.46 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS) PARCEL 4: THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: (33300 016 00554365 DOC t COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD WHICH MAKES AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1364.57 FEET FOR THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE 1348.57 FEET TO THE PENULTIMATE DESCRIBED POINT; THENCE SOUTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 1402.38 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 84 DEGREES 52 MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE (BEING A LINE DRAWN PARALLEL WITH THE CENTER LINE OF U.S. HIGHWAY ROUTE 34) A DISTANCE OF 2301.24 FEET; THENCE NORTHWESTERLY ALONG A LINE DRAWN NORTH 35 DEGREES 30 MINUTES WEST FROM A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22 WHICH IS 23.03 CHAINS WEST OF THE SOUTHEAST CORNER OF SAID SECTION 22 (SAID LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE) A DISTANCE OF 914.67 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 92 DEGREES 15 MINUTES 44 SECONDS WITH THE LAST DESCRIBED COURSE 877.73 FEET; THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 263 DEGREES l 1 MINUTES 34 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 392.38 TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. PARCEL5: THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT BOOK 10, PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD FORMING AN ANGLE OF 88 DEGREES 58 MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION, MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, 2630.77 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE 1142.51 FEET TO THE CENTER LINE OF U.S. HIGHWAY ROUTE 34; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE FORMING AN INTERIOR ANGLE WITH THE LAST DESCRIBED COURSE OF 84 DEGREES 52 MINUTES 28 SECONDS, 2336.0 FEET TO AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL 133300,016.00554365.DOC 1 LOCATION OF A STONE IN THE CENTER LINE OF THE ORIGINAL BRISTOL AND OSWEGO ROAD PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND THENCE NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 35 DEGREES 30 MINUTES WEST ALONG A LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE 1139.93 FEET TO A LINE DRAWN SOUTHWESTERLY PARALLEL WITH SAID CENTER LINE OF SAID ROUTE NO. 34 FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID PARALLEL LINE FORMING AN INTERIOR ANGLE OF 86 DEGREES 36 MINUTES 53 SECONDS WITH THE LAST DESCRIBED COURSE 2301.24 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL: THAT PART OF THE SOUTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF LOT 27, IN BRISTOL LAKE SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT 137733 IN PLAT BOOK 10, AT PAGE 58, ON MAY 10, 1962; THENCE SOUTH 33 DEGREES 58 MINUTES 14 SECONDS EAST 33.00 FEET TO THE CENTERLINE OF KENNEDY ROAD; THENCE NORTH 55 DEGREES 00 MINUTES 21 SECONDS EAST 299.54 FEET AS MEASURED ALONG SAID CENTERLINE; THENCE SOUTH 34 DEGREES 59 MINUTES 39 SECONDS EAST 287.11 FEET; THENCE SOUTH 55 DEGREES 00 MINUTES 21 SECONDS WEST 306.92 FEET; THENCE SOUTH 33 DEGREES 37 MINUTES 35 SECONDS EAST 1,329.42 FEET; THENCE SOUTH 47 DEGREES 27 MINUTES 46 SECONDS EAST 1,247.97 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 34 DEGREES 46 MINUTES 42 SECONDS EAST 65.00 FEET; THENCE SOUTH 27 DEGREES 32 MINUTES 48 SECONDS EAST 238.32 FEET; THENCE SOUTH 34 DEGREES 46 MINUTES 42 SECONDS EAST 588.35 FEET TO THE NORTHERLY RIGHT OF WAY OF U.S. ROUTE 34 PER GRANT DATED APRIL 13, 1923 AND RECORDED APRIL 18, 1923 IN BOOK 76, PAGE 82,AND BY GRANT DATED APRIL 7, 1923 AND RECORDED APRIL 18, 1923, IN DEED RECORD IN BOOK 76, PAGE 30; THENCE SOUTH 55 DEGREES 12 MINUTES 58 SECONDS WEST 997.93 FEET AS MEASURED ALONG SAID RIGHT OF WAY LINE; THENCE NORTH 38 DEGREES 09 MINUTES 48 SECONDS WEST 891.55 FEET; THENCE NORTH 55 DEGREES 13 MINUTES 34 SECONDS EAST, 1,080.56 FEET TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS. A PORTION OF THE ABOVE DESCRIBED PARCELS INCLUDE PROPERTY NOW KNOWN AS AUTUMN CREEK P.U.D. UNIT I AND AUTUMN CREEK P.U.D. UNIT 2 AS LEGALLY DESCRIBED BELOW. AUTUMN CREEK P.U.D.,UNIT 1 FINAL PLAT OF SUBDIVISION BEING A SUBDIVISION OF THE SOUTH HALF OF SECTION 15 AND THE NORTH HALF OF SECTION 22,TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED WITH THE KENDALL COUNTY RECORDER ON JANUARY 3,2006 AS DOCUMENT NO. 20060000144,AMENDED BY CERTIFICATE OF CORRECTION RECORDED APRIL 3, 2006 AS DOCUMENT NO. 200600009685, AMENDED BY CERTIFICATE OF CORRECTION RECORDED JUNE 5, (33300:016 00554365 DOC ) 2006, RECORDED AS DOCUMENT 200600016609 AND AMENDED BY CERTIFICATE OF CORRECTION RECORDED FEBRUARY 6,2007 AS DOCUMENT 200700004498. ("AUTUMN CREEK P.U.D.UNIT 1") AND AUTUMN CREEK P.U.D., UNIT 2 FINAL PLAT OF SUBDIVISION BEING A SUBDIVISION OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7,EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED WITH THE KENDALL COUNTY RECORDER ON NOVEMBER l3, 2007 AS DOCUMENT NO. 200700033 06 1. ("AUTUMN CREEK P.U.D. UNIT 2") EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THOSE PORTIONS CONVEYED BY DEVELOPER TO OTHERS. {33300 016:00554365 1)(K' } EXHIBIT C Fee Schedule 7 4/19/2016 Autumn Creek FEES PER UNIT A paid receipt from the School District Office,602-A Center Parkway Yorkville, must be presented to the City prior to issuance of permit $3,000 Separate Yorkville-Bristol Sanitary District fee-made payable to Y.B.S.D. $1,400 United City of Yorkville Fees 1. Building Permit Cost$650 plus$0.20 per square foot $650+$0.20(SF) 2. Water Connection Fees SF and DU $2,660 see note"e"below 2+Bed Aft $2,280 3. Water Meter Cost Detached Units Current Rate Attached Units see note"b"below Current Rate 4.Sprinkler Fee Attached Units $50 5. City Sewer Connection Fee: See Note"c"below $2,000 6. Water and Sewer Inspection Fee $25 7. Public Walks/Driveway Inspection Fee $35 8. Development Fees Public Works $700 Police $300 Building $150 Library $500 Parks&Recreation $50 Engineering $100 Bristol-Kendall Fire $1,000 Development Fees Total $2,800 see note 9. Land Cash Fees V below Apartment Townhome Duplex Single Family Park N/A $600.58 N/A $1,025.57 School N/A $621.62 N/A $1,061.52 Land-Cash Fees Total $0.00 $1,222.20 $0.00 $2,087.09 10. Road Contribution see note"d"below $0 Notes: a. For upfront land-cash donations figures, please refer to"Land-Cash"worksheet b. Developer has requested larger water meters for all units,therefore"Attached" cost is applied to SF and TH's c. May 22,2009 Sewer Recapture Agreement Satified.$2,000 Sewer Connection Fee applies. d. Per unit road contribution fee is paid in installments as the Kennedy Road improvements are completed(see annexation agreement). e. Per Water Main Recovery Agreement has been satisfied.Original agreement of$2,660 for SF and DU and$2,280 for AU applies.