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Plan Council Packet 2006 08-24-06 I 'il, 7=`��D c,T it o United City of Yorkville � '�� ,t '" 800 Game Farm Road O EST.. @ .= 1838 Yorkville, Illinois 60560 ,4 � � Telephone: 630-553-4350 ��'°. p Fax: 630-553-7575 1.4 KendkiCounty 40. 41.E ,w PLAN COUNCIL AGENDA Thursday, August 24, 2006 9:30 a.m. CITY CONFERENCE ROOM 8:30 a.m. Staff Meeting 1. Minutes for Approval/Corrections: August 14, 2006 2. 9:30 a.m. PC2006-61 - GCM Properties- Special Use 3. 10:00 a.m. PC2006-50 - Prairie Pointe - Preliminary and Final Plan 4. 10:30 a.m. PC2006-64 - Townes at Windett Reserve- Annexation and Zoning 5. 11:00 a.m. PC2006-65 - Beaver St./Rt. 47 - Rezoning 6. 11:30 a.m. PC2006-66 -Nelson Property - 1 1/2 Review "p coy United City of Yorkville Memo J 4 T 800 Game Farm Road ESL% _7,-:-_.11_1118111 1836 Yorkville, Illinois 60560 Telephone: hone: 630-553-4350 o L 5 Fax: 630-553-7575 �•i- K Coy o 114EE ‘‘).? Date: August 21, 2006 To: Plan Council From: Lynsey Johnson Kawski, Administrative Assistant CC: Subject: Additional Plan Council comments for the Thursday, August 24th meeting Please find attached comments for the following projects: Townes at Windett Reserve: • Memo from Travis Miller Prairie Pointe: • Memo from Bill Dunn i'sco—*-`s\Hip. United City of Yorkville Memo t r- 800 Game Farm Road Est tax Yorkville, Illinois 60560 ------•--7- Telephone: 630-553-8545 a-A p+I, lisAvar Counfr ,44,e. Fax: 630-553-3436 <CE Vi '‘ . Date: August 18, 2006 To: Lynsey Johnson (for distribution to Petitioner and Plan Council) From: Travis Miller, Community Development Director Subject: The Townes at Windett Reserve—Plan Council Comments Request: Annexation,Zoning and Preliminary Plan Annexation The petitioner should submit the following information for review and consideration: 1. An annexation agreement for the land described by the Plat of Annexation. If requested,the City will provide a model agreement containing standard language and request the petitioner prepare a proposed agreement for staff review prior to the conduction of the public hearing. Zoning The request for R-2 and R-4 PUD is inconsistent with the current PUD ordinance requirements. In order to receive approval for a PUD zoning classification a Concept PUD Plan and Preliminary PUD Plan including the information required by Chapter 13 of the Yorkville Zoning Ordinance (attached)will be required. Staff recommendation is to proceed with the submittal as a `straight' zoning request for R-3 and R-2 zoning using the proposed `underlying' delineations on the submitted zoning plat. The R-4 request is not necessary for the area depicted—staff recommends R-3. Comprehensive Plan Recommendations The Land Use recommended is Suburban Neighborhood (gross density 1.5-2.25 units per acre) with Park/Open Space use across the north east corner of the property. Other Comments Staff has prepared for Plan Commission and City Council consideration modifications to the Zoning Ordinance which, if approved, will require shared parking areas within single family attached unit developments at a rate of.5 spaces per unit for the first twenty (20) units and .25 spaces per unit beyond twenty (20) units. Staff recommends the Preliminary Plan incorporate these spaces at locations most conducive to the townhome buildings proposed. 52 Wheeler Road • Sugar Grove,IL 60554 41 TEL: 630/466-9350 FAX:630/466-9380 www.eeiweb.com Engineering Enterprises, Inc.. August 18, 2006 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: Prairie Pointe Preliminary& Final Plat/Final Engineering Review United City of Yorkville, Kendall County, Illinois. Dear Mr. Wywrot: We have reviewed the following submitted material for the referenced Final Plat and Final Plan submittal: • Final Engineering Plans prepared by Smith Engineering Consultants, Inc. consisting of eighteen (18) sheets revised August 10, 2006. • Report of Soils Exploration — Prairie Pointe Office Development prepared by Testing Service Corporation dated August 3, 2006 • Engineer's Opinion of Probable Construction Cost prepared by Smith Engineering Consultants, Inc. dated August 11, 2006. • A Final Plat of Subdivision - Prairie Pointe consisting of two (2) sheets prepared by Smith Engineering Consultants, Inc. revised August 9, 2006. • A Preliminary Plat of Subdivision consisting of one (1) sheet prepared by Smith Engineering Consultants, Inc. revised August 10, 2006 Our review of these plans is to generally determine the plan's compliance with City of Yorkville ordinances and whether the improvements will conform to existing City systems and equipment. This review and our comments do not relieve the designer from his duties to conform to all required codes, regulations, and acceptable standards of engineering practice. Engineering Enterprises, lnc.'s review is not intended as an in-depth quality assurance review. We cannot and do not assume responsibility for design errors or omissions in the plans. We offer the following comments: Consulting Engineers Specializing in Civil Engineering and Land Surveying 1. A copy of the Natural Resource Information Report by the Kendall County Soil and Water Conservation District should be filed with the City. 2. No part of the site is located in the floodplain as delineated by FIRM panel 170341 0020 C. 3. Permits or Sign-offs will be required from the following agencies: a. (IDNR) Consultation Agency Action Report regarding endangered/threatened species or natural areas. b. (IHPA) regarding preservation of cultural resources. c. Yorkville-Bristol Sanitary District regarding Sanitary Sewer Facilities. d. (TEPA) Division of Water Pollution Control regarding Sanitary Sewer Facilities. e. (IEPA) Division of Public Water Supplies regarding water supply and distribution. f. (IEPA) Division of Water Pollution Control regarding a Notice of Intent (NOl) General permit to discharge storm water. 4. A wetland delineation report should be submitted for review by the City's wetland consultant. 5. An Existing Field Tile survey should be provided for review. ENGINEER'S OPINION OF PROBABLE CONSTRUCTION COSTS (EOPCC) 6. It appears that additional structural clay fill will be necessary. The engineer should verify this and include a pay item for this if appropriate. GENERAL 7. All easements and setbacks should be shown on the engineering plans to ensure that the overland flow routes, major drainage ways, and all utilities are constructed within proper easements.(Repeat comment) 8. A Photometric site lighting plan should be included in the plans that meets the following requirements(Repeat Comment): a. The average intensity should be 2.0—2.5 footcandles. b. The average to minimum light intensity ratio should be no more than 6:1. c. The maximum to minimum light intensity ratio should be no more than 20:1. d. The ratio of maximum veiling luminance to average pavement luminance should not be more than 0.3:1. e. The intensity at the property line should be zero footcandles. G:\Public\Yorkville\20D6\Y00627 Prairie Pointe\Doc\IwywrotEng&Piat03.doc SPECIFICATIONS, GENERAL NOTES, SYMBOL LEGEND, & STANDARD ABBREVIATIONS 9. Curve C3 should be added to the Curve Table on Sheet 8. (Relates to comment #16 in July 24, 2006 EEl letter) LOT 1 GEOMETRICS &STRIPING PLAN (SHEET 5) 10.Sidewalks with slopes between 5 to 8% qualify as a ramp and would require detectible warnings. The areas along the sides of the "bridge" areas at the entrances have slopes of greater than 5% and would qualify as ramps. (Relates to comment#20 from EEl review letter dated July 24, 2006) PLAN & PROFILE SHEETS 11.The engineer should revise General Note No. 5 to state "...curb radii are typical 30'..." instead of 25 foot. (SHEET 9) (Repeat Comment) GRADING & EROSION CONTROL PLAN 12.The engineer should show how the proposed grading ties into the existing grade at the property line for the areas northwest of the bioswale and rain garden on lot 1. (SHEET 10) (Repeat comment) 13.The engineer should provide additional information that demonstrates how the proposed grading ties into the existing hill located adjacent to the north corner of lot 2. Also, the proposed 645 and 646 contours on lot 2 do not appear correct where they tie into future curb in the northeast corner of lot 1. (SHEET 10) (Repeat comment) 14.The top of the pipe associated with storm tag 29 protrudes into the stone subbase. Other storm sewers with less than 3-foot cover should be checked against pavement cross sections to insure adequate bury depth. In no case should storm sewer bells extend into the base materials.(Repeat comment) 15.The top and bottom of retaining wall elevations overlap with the other proposed spot elevations in several locations and are illegible. The engineer should revised this drawing or provide another view or detail illustrating the proposed grades. 16.The entire intersection of McHugh Road and the private access road should be shown. The existing spot elevation should be shown at the south side of the curbline where the proposed meets existing. The engineer should revise the plans accordingly. (SHEET 10) DETAILS 17.The notes addressing the following should be added to the plans (Sheet 17) (Repeat comment): ✓Dust control G\Public\Yorkville\2006\Y00627 Prairie Pointe\Doc\IwywrotEng&Plat03.doc ✓Mud control ✓Cleaning of existing streets 18.The City Standard Specifications for improvement requires that the erosion control plan includes the following information: a. Location and description of all seeding and sod. b. Descriptions of dust control measures. c. Provisions for maintenance of control measures, including type and frequency of maintenance. d. Identification (name, address, and phone number) of the person or entity which will have legal responsibility for maintenance of erosion control structures and measures during development and after development is completed. e. Show proposed phasing of development of the site, including stripping and clearing, rough grading, construction, final grading, and landscaping. Phasing should identify the expected date on which clearing will begin, the estimated duration of exposure of cleared areas, and the sequence of installation of temporary sediment control measures, clearing and grading, installation of temporary soil stabilization measures, installation of storm drainage, paving of streets, final grading and the establishment of permanent vegetative measures. (Repeat comment STORMWATER MANAGEMENT: 19.Comments #50 -#60 from EEl review letter dated July 24, 2006 have not been addressed. They are shown below as comment#21 -#31. 20.The Stormwater Report should be a single bound report to ensure a complete submittal; the report should be signed and sealed by the Professional Engineer that prepared the report. 21.The existing site hydrology should be analyzed to identify the depressional areas, to identify any areas of concern, and to ensure that the proposed release rate does not exceed the existing release rate. 22.The site runoff will discharge to the Hammond Regional Basin, which is an offsite detention facility. The required detention to be placed in the regional basin for this development should be modeled based on a 100-year 24-hr storm with a zero release rate according to the design parameters of the Hammond facility. The stormwater model should be run with a mock trapezoidal pond with 4 feet of bounce, with CN calculations, Tc calculations to the point of site discharge, and stage-discharge calculations for a restrictor that would meet the requirements of on-site detention. 23.There are two small depressional areas that are being filled by the development; these should be analyzed in the existing conditions model and included in the total volume to be G:1Public\Yorkville\20061Y00627 Prairie PointelDocllwywrotEng&PIat03.doc added to the off-site pond. One is located along the northwest side, and one is located in the southeast corner. 24.The storm sewer from the property line to the off-site regional basin should be sized to handle the 100-year critical duration storm runoff for the on-site areas as well as any offsite bypass, so that downstream properties are not affected by the absence of on-site restricted release. In addition, the Engineer should demonstrate the safe conveyance for the overland flow route to the off-site basin for the 100-year storm event. 25.The bioswale pictures that were included with the constructions details should be replaced by construction quality details that include the specifications appropriate for this site. The design considerations listed on the current detail should be analyzed to ensure that the bioswales function as intended. The following is a list of things to consider when determining the specifications of a bioswale; calculations should be included to demonstrate that these are met: • The depths of the various layers of soil & substrate in the bioswale should be labeled on the detail. • The invert should be at least 3 feet above the high water table. • The type of soil mixes used for the various layers of soil in the bioswale should be labeled on the detail. The soil should allow for design infiltration, but not let the soil dry out and let the vegetation die. The soil should be roughly 70% coarse sand, 8-10% organic matter (compost and young peat moss are typical), less than 10% clay, and compacted to 70%. Often it is necessary to install an irrigation system to water the plants in times of drought due to the soil's drainage characteristics. In addition, the soil mix and roots should be designed to avoid soil blinding. There should be a 6 inches of coarse sand on the invert of the trench to prevent compaction of the bottom. • The side slopes, bottom width, top width should be labeled; these are typically '3:1', '3 feet', and '9 feet' respectively at a minimum width. • The height of the storm sewer rim elevations relative to the bottom of the swale should be labeled on the detail; a typical height would be 6" to achieve the appropriate ponding depth. The recommend maximum depth is from 6 to 12 inches. • The pipe location, diameter, elevation relative to soil layers and any perforation specifications for underdains should be labeled. • The infiltration rate of the design soil should drain the bioswale within 24 hours. • The curb cuts into the bioswale should be more frequent to avoid concentrated flows and subsequent erosion. We recommend 3 foot wide cuts every three parking stall (27 feet on-center) not every 15 stalls. • The bioswales are the main overflow conveyance routes and should be analyzed in regards to the 100-year critical duration storm. They should not overtop the sides at a depth on the pavement of more than 12 inches for the parking areas or 6 inches for the overtopping that crosses the roads, which are required to pass the flow. • Bioswales should be protected from runoff during the construction phase to prevent sealing of infiltration soils. This should be added to the Soil and Erosion Control Plan. Often, the bioswale soils and vegetation are constructed near the end of the construction project to help avoid this problem. • The swale should be able to contain the 2-year storm event without spilling into the G:\Public\Yorkville\2DD6\YOD627 Prairie Pointe\Doc\IwywrotEng&PIatD3.doc storm sewers. • A long-term management and maintenance plan for the bioswales and raingardens should be included on the plans to determine the maintenance tasks and frequency and the party responsible for the long term functionality of these areas. • They should be constructed by backhoe scooping not by bulldozer to avoid soil compaction or smearing or the trench invert. 26.Similar considerations and specifications should be made for the proposed raingardens. In addition, it is unclear where the raingardens are located; they should be labeled on the plans. 27.The above lists only cover some of the major components of bioswale and raingarden design; reference materials or conservation design specialists should be consulted to finalize the design. • The surface area of raingardens should be a minimum of 10-15% of the contributing runoff area. • The drain time should be limited to 12 to 24 hours. • The ponding depth should be limited to 6 to 18 inches depending on drain time. • The bottom of the design soils should be 3 feet above the seasonal high ground water table. • The bottom of the rain garden should be 10 feet below the adjacent building foundations. • Appropriate soil type and permeability should be determined and labeled, similar to the bioswale. • Vegetation with strong deep fiberous roots and high level of organic matter contribution within the soil to maintain permeability. The vegetation should be both inundation and drought tolerant. • They should be large enough to contain the 2-year storm event. • Curb cuts should not exceed 27 foot spacing and concentrated flows from downspouts should be protected with rip-rap. • Construction specifications regarding functionality and long term viability, such as protecting from construction traffic compaction and protection from water under the vegetation is established. Erosion control blankets should be shown in the raingardens on the soil &erosion control plan. 28.The parking islands may be good candidates to be utilized for raingardens. 29.There should be storm sewer calculations along with an inlet drainage area exhibit following the ordinance guidelines. 30.In addition to locating the site on the FIRM panel, the BFE of Blackberry Creek should be identified in relation to the site according to the following. The floodways and base flood elevation for the floodplains of Blackberry Creek shall be the 500-year flood profiles as delineated in the publication titled "Floodplain Management Study - Blackberry Creek and G:\Public\Yorkville\20061Y00627 Prairie Pointe\Doc\IwywrotEng&Piat03.doc Tributaries, Kane-Kendall Counties, Illinois", dated June 1989, by the United States Department of Agriculture, Soil Conservation Service. FINAL PLAT OF SUBDIVISION 1. The boundary does mathematically close. The addition of the individual lot square footages does not equal the total calculated area of the subdivision. Please recheck total subdivision area and add notation to plat. Additionally. check the individual lot areas and reconcile the difference between the aggregate total area of the lots and total area of the subdivision. 2. The"Cross Access Easement" provision states that these easements are labeled on the plat. Please label where appropriate or remove provision. 3. All blank lines for document numbers should be completed prior to the plat being recorded. Blanks which need to be completed appear on the graphical portion of the plat and the Surveyor's Certificate. 4. The watermain crossing the northwest corner of Lot 4 to provide service to Lot 2 should be placed in an easement. Provide an easement for the proposed watermain in Lot 4 which lies outside of the shown Public Utility and Drainage Easements. 5. The word "blanket", in all cases should be removed from the Public Utility and Drainage Easement Provision. The word "blanket" is not included in the United City of Yorkville's developed language for a Public Utility and Drainage Easement. To address this issue consider adding a notation to sheet one stating where such Blanket Public Utility and Drainage Easement areas are to be granted. Each lot will need to have the area of the proposed building footprint excepted from the blanket easement. This blanket easement may alleviate the need to address the concerns presented in the item 4 above. 6. The Surface Water Statement should be removed from this plat. The appropriate place for this statement is on the Topographic Overlay presented to the United City of Yorkville prior to recording the final plat. 7. Crimson Lane has not been dedicated to date. Please remove the 'Heretofore Dedicated" notation from the plat unless it becomes dedicated and a document number can be added. Recommended notation for Crimson Lane would be"Future Right of Way". Conclusion Our review will continue as the above comments are addressed by the developer and the design engineer and the revised Preliminary Plat and Preliminary Plan documents are G:\Public\Yorkvillel2006\YO0627 Prairie Pointe\Doc\IwywrotEng&PIat03.doc submitted. If you have any questions or require additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. Ze)-4-14r--"'l -eal-4-401-4---- William E. Dunn, P.E. Senior Project Manager Mark G. Scheller, P.L.S. Senior Project Surveyor p.c.: Bart Olson, Assistant City Administrator Travis Miller, Community Development Director Lynsey Johnson, Administrative Assistant Jason Poppen, SEC JWF/JTW- EEI G:1Pubiic\Yorkville\2006\YO0627 Prairie Pointe\DocllwywrotEng&PIat03.doc Plan Council Aug. 14,2006 Attendees: John Crois,Interim City Administrator Joe Wywrot, City Engineer Travis Miller, Comm. Dev. Director William Dunn, EEI John Whitehouse,EEI Eric Dhuse, Public Works Director Dave Mogle, Dir.of Parks&Recreation Rebecca Houseman,Zoning Analyst Anna Kurtzman, Zoning Coordinator Laura Haake, City Park Designer Sgt.Ron Diederich, Police Dept. Guests: Rob Gamrath, Quarles&Brady Pete Huinker, Smith Engineering J.R Landeck, Smith Engineering Jim Olguin, GSRWH David Knott,Prestwick Dan Harper,Prestwick Dan Kramer,Attorney Susan Kritzberg,Petitioner Kevin Berry, Smith Engineering The meeting was called to order by Joe Wywrot at 9:45 am. The minutes were approved as corrected. Aspen Ridge Estates Final Plat Anna Kurtzman stated her comment#2 should be disregarded,because lot 45 is on a cul- de-sac. EEI comments represent plan revisions that should be made to agree with the storm water reports. Regarding comment#55, EEI and Joe Wywrot stated the pipe runs standard is 3' of cover and the top of the pipe should be 6 inches below the sub grade, and the bell should not extend up the sub grade into the base material. Smith will change those that are less than two feet. Laura Haake stated that the Ivan Ryan Group had addressed all the issues relevant to their work on this landscape plan. Her concern was that the developer had not addressed the comments referring to the maintenance plan,HOA provisions, and corridor connections(June 13 comments# 9 and# 10). The developer will show an easement on the plat,as discussed in a prior plan council. Dave Mogle will check on the trail, in lieu of sidewalk along Fox Road, and whether this should be on the north or south side. The developer will ok YBSD easements along Fox Road and report to the City before the plat is recorded. This will be at Plan Commission on October 11. Prestwick Final Plat Mr. Wywrot stated that 320' spacing for street lighting would be acceptable in those cases where there are consecutive 8 foot lots. Items 64-76 should be addressed per Mr.Dunn for consistency between the storm sewer reports and the plans. Mr.Landeck stated that comments #98-100 have been addressed and would not be applicable. Ms.Kurtzman asked that all setbacks should be noted on the final plat or documented on a table attached to the plat. Regarding Ashley Rd., Joe Wywrot stated this is going to be a rural cross section and wanted to know if the building of the road should be tied in to this plat. John Whitehouse stated it should be covered in a letter of credit. A separate plan set should be submitted, and tied to a triggered number of building permits. The developer stated this plat did not need to be recorded until spring of 2007. This time frame gives the City an opportunity to put together a plan with cost estimates on Ashley Road construction. Joe Wywrot stated Mary Block was concerned about continued usage of the storm water swale for field access. Street names in unit 2 will be checked with Jennifer Fischer. At question are Turnberry Lane(in the southwest corner)continuing as Westhill Drive,making Rosemount Drive or Renfrew Lane a continuous street name, and using one name, either Berwick Drive or Whitekirk Lane in the northeast area. Travis Miller will finalize comments on these street names and put in the staff report for the plan commission. The landscape plan has previously been approved and an updated cost estimate should be submitted with a typical cross section. This will be at Plan Commission on September 13. Kritzberg Rezoning Travis Miller suggested a development agreement should be submitted and items to be included are: 1) allowable and higher standard signage;2) rendering the bulk lot use potentially not developable, due to the widening of Rt. 47 and property setback line requirements on the east property line. The City is recommending the front yard setback be 21.9 feet; 3)note the 5' of landscaping between the parking lot and Rt.47 would not be required until such time that the widening of Rt. 47 is completed. The parking lot must have a 30' setback from the property line from Bridge Street. This requires a reconfiguration of the parking area. Dan Kramer stated the new plan would include the bubble to 25.8' with a 15.9' drive aisle. IDOT owns the property north of this,and has asked Ms.Kritzberg to move the northern driveway slightly south of its current position; 4) a 5' sidewalk should be constructed along Rt.47, and IDOT will construct this or Ms. Kritzberg will pay them to do it; and 5)the square footage of the building(for parking space reference). John Whitehouse suggested the trash receptacle be moved to the southeast,to enable the collector trucks easier access. Ms. Kritzberg will check with Bill Dettmer regarding the material to be used for the enclosure.Ms.Kritzberg will be replacing the stockade fence to the north. This will be presented at Plan Commission on September 13. Kendallwood Estates Final Plat Regarding comment#11, EEI and Joe Wywrot stated the pipe runs standard is 3' of cover and the top of the pipe should be 6 inches below the sub grade, and the bell should not be extend up the sub grade into the base material. The"future roadway"to Rt. 126 access will be named Wooden Bridge Rd. The site plan for Woodstone, with roadway right of way dedications, will be submitted soon,per Travis Miller. This will be needed before final approval. Laura Haake stated Smith will put comments together and resubmit. All building setbacks should be noted on lots per Anna Kurtzman, and verified all meet the 80' minimum. These can be on a separate table attached to the plat. The jogs of 46 W and 135 L feet on Lot 83 should be noted as side yards. The plan is for vacant,non-buildable property south and east of lot 83, and a lot number will not be needed for this subdivision final plat. This is scheduled for Plan Commission on September 13. Minutes submitted by Annette Williams 2 UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 630/553-4350 PC # APPLICATION & PETITION Please Check One: x_ Preliminary Plan X Final Plat Development Name: fkkugio Date of Submission: 1. Name of Petitioner(s): Donald J. Hamman and Carol S. Hamman & Co-Petitioner Jason Poppen Address: 13351 B Faxon Road, Plano, Illinois 60545 Phone Number: 630-554-9101 Fax Number: 630-552-7362 2. a). Street address and physical location of subject property: Countryside Parkway & McHugh Road—Between USPS and WalMart b). Legal description of property; attach as Exhibit "A". c). Total Acreage: 11.66+/- 3. Contact Information: Name, address, phone number and fax number of person to whom inquiries regarding this petition may be directed: See attorney information below. Attorney: Name: Thomas C. Zanck Address: 40 Brink St., Crystal Lake, Illinois 60014 Phone Number: 815-459-8800 Fax Number: 815-459-8429 Engineer: Name: _ Jason Poppen - Smith Engineering Consultants, Inc Address: 759 John Street, Yorkville, IL 60560 Phone Number: 630-553-7560 Fax Number: 630-553-7646 Land Planner: Name: _Jason Poppen - Smith Engineering Consultants, Inc Address: 759 John Street, Yorkville, IL 60560 Phone Number: 630-553-7560 Fax Number: 630-553-7646 4. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to Page 3 of this application"Petitioner Route, Step 1, Fees" and/or contact the Deputy Clerk for verification of this amount). c. To begin the review process, the initial submittal must consist of: 1. 6 sets of Preliminary Plans /Final plats folded to fit in a 10" x 13" envelope 2. 6 sets of Landscape Plans folded to fit in a 10" x 13" envelope 3. 6 sets of Preliminary/Final Engineering folded to fit in a 10" x 13" envelope Within one week of receipt of submittal, the Engineering Department will determine if it is complete or if additional information is needed. Once the submittal is complete, the Plan Council Meeting date will be scheduled for the next meeting that is 6 weeks from this date. One week prior to your scheduled Plan Council meeting, you will be required to submit 15 full size preliminary/final site plans for the packets distributed to the members. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct. Date: • Petitioner(s) Signature: (All legal property owners signatures or their authorized agents(i.e. Planner, Petitioner's Attorney, Engineer) must appear on this application.) (1"%k(9 ) Subscribed and sworn to before me this 3g day of , 200 4, . tary Seal THIS APPLICATION MUST BE NOTARIZED. OFF1 . M. JUDITH M KDE$1ER NOTARY PUBLIC•STATE OF ILLINOli MY CO/MIMSSICN E> S:O113Um PRELIMINARY PLAN/FINAL PLAT PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees* and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc., to allow timely review by City. *Fees: 1. Preliminary Plan Fee - $500/Final Plat Fee - $500 a. Engineering Review Fees - 1.25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. b. Engineering Review Deposit - up to 1 acre= $1,000; over 1 acre but not over 10= $2,00 over 10 acres, but not over 40 = $5,000 over 40 acres, but not over 100 = $10,000 over 100 acres = $20,000 c. Deposit for Outside Consultants - under 2 acres = $1,000 2 to 10 acres = $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Planning Council meets the 2nd and 4th Thursday of the month at 9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, City Land Planner, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director, Executive Director of Parks and Recreation, Fire Department Rep, and Police Chief. Step 3: For Preliminary Plans only; Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in the development. The Park Board Planning Meeting is the fourth Monday of each month at 7:00 p.m. at the Riverfront Building, 301 E. Hydraulic Street. • Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. Step 5: Economic Development Committee: The Economic Development Committee meets the third Thursday of each month at 7:00 p.m. in the City Hall Conference Room. All projects (regardless of a positive or negative EDC recommendation) proceed to the Committee of the Whole for discussion. The Economic Development Committee consists of three (plus one alternate) City Council members. Step 6: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. If this project has included an annexation and/or zoning petition, a Public Hearing will be held at this time with notice given by publication. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Prior to the recording of the final plat, the petitioner must pay the Administration Fee. This is equal to 1.75% of the approved engineer's estimate of construction costs of land improvements, including but not limited to all public improvements to be dedicated to the City, mass earth grading, and quasi-public improvements to be maintained by the homeowner's associations such as private storm sewer, parking areas, and trails. Step 8: Final Plat recording instructions: Once the final plat is approved by the City Council and all required documents, bonds, and letters of credit are submitted to the City, the final plat may be recorded with Kendall County. Submit the final plat mylar to the Deputy Clerk for signatures. When all City signatures are in place, the developer or his surveyor may take the mylar to the Kendall County Clerk for his signature. The next step is to have six paper prints made and return to the Kendall County Recorder's office for recording. Kendall County requires the mylar and four paper copies. The City of Yorkville requires that you submit two recorded paper copies to the Deputy Clerk. Any copies you may require would be in addition to these. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. st Date Signature of Petitioner CHECK LIST FOR PRELIMINARY PLANS SECTION 1: WRITTEN DOCUMENTS 1. A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan B. A time schedule of the proposed development of the area covered by such preliminary plan C. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the plan,including the specific section of the Ordinance. 2. A boundary survey of the area covered by such preliminary plan, prepared and certified by a registered Illinois surveyor. SECTION 2: GENERAL PLAN INFORMATION 1. A rendered outline of the area covered by such preliminary plan drawn at a scale of not less than 1 inch equals 100 feet. 2. The plan must contain the following information: A. Scale B. North Arrow C. Original and Revised dates D. Name and address of owner of record E. Name and address of site plan designer F. Current zoning of the property G. All categories of proposed land use 3. The following information regarding contiguous property: A. Location of contiguous property B. Zoning of contiguous property C. Land use of contiguous property 4. The following site data provided in the lower right corner: A. Size of property in square feet or acres B. Square footage and percent of site coverage with buildings C. Square footage and percent of site coverage with pavement D. Number of parking spaces to be provided E. Number of parking spaces required by zoning ordinance F. Number of proposed buildings/dwelling units/lots SECTION 3: PLAN DATA REQUIREMENTS 1. A site location map. 2. Dimensions of the property. 3. A topographical survey of the area covered by such preliminary plan at two-foot contour intervals drawn at not less than one inch equals one hundred feet. 4. A detailed plan for the treatment of any proposed stormwater detention or retention facilities. 5. Existing or proposed public roads,streets,and alleys,including classifications,width of right-of-way and paved surfaces,and existing and proposed sidewalks. 6. Dimensioned building setbacks,and as applicable;areas for off-street parking,trucking maneuvering and service,and open space/recreational facilities. 7. A schematic of existing or proposed public utility systems, including the size of sanitary sewers,storm water lines,&streetlights. 8. Existing vegetation and plantings. 9. Any other information required by the City,to clearly show the proposed site plan elements. Page 5 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 5/4/04 CHECK LIST FOR FINAL PLANS SECTION 1: WRITTEN DOCUMENTS 1. A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan. D. A development schedule,indicating the approximate dates for construction of the Final Plan. E. Petitioners proposed covenants,restrictions,and conditions to be established as part of the Final Plan. F. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the Final Plan, including the specifics of the Ordinance. SECTION 2: GENERAL PLAN INFORMATION 1. Must be drawn to accurate engineering scale. 2. Must contain the following information: A. Scale B. North Arrow C. Original and Revised dates D. Name and address of owner of record E. Name and address of site plan designer 3. The following information regarding contiguous property: A. Location of contiguous property B. Zoning of contiguous property C. Land use of contiguous property 4. Site data to be provided in lower right hand corner: A. Legal Description B. Size of property in square feet and acres C. Current Zoning D. Square footage&percent of site coverage with buildings E. Square footage&percent of site coverage with pavement F. Square footage&percent of site coverage with landscaping G. Number of parking spaces required by zoning ordinance H. Number of parking spaces to be provided I. Number of buildings J. Number of dwelling units K. Breakdown of dwelling unit bedroom types 5. Landscape data to be provided in lower left hand corner: A. Number of plantings by type B. Size of plantings at installation C. On-center spacing for hedges(Should be 3 feet apart) D. Caliper size of all trees at installation Page 6 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 5/4/04 CHECK LIST FOR FINAL PLANS, CONTINUED SECTION 3: PLAN DATA REQUIREMENTS I. Dimensions of property. 2. Existing and proposed public and private streets,right-of-ways,driveways,all principal and accessory buildings and their uses,dimensioned building setbacks,lot sizes,sidewalks,off-street parking,service areas,open spaces,and recreation facilities. 3. Preliminary architectural plans for all residential buildings,in sufficient detail to show basic building plan. 4. The existing and proposed vehicular and pedestrian circulation systems,indicating their inter-relationship and proposed treatments of points of conflict. 5. Existing and proposed utility systems,including sanitary sewers,water,electric,gas,telephone,and cable television lines,including their sizes. 6. Proposed public and private lighting systems. 7. Existing and proposed easements for utility services. 8. Proposed signage,indicating location and size. 9. Existing vegetation and plantings. 10. Proposed berming and fencing. 11. The location and size in acres or square feet of all areas to be conveyed,dedicated,or reserved as common open space,public parks,recreational areas, school sites,and similar semi-public uses. 12. Any other information necessary to clearly show the proposed site plan elements. Page 7 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 5/4/04 COMP. FILE.- 060455—AL TA-071106.dwg PLOT SMITH ENGINEERING CONSULTANTS, INC. F VIEW. ZonisrAN®ARS ng CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS 769 JOHN STREET YORKVILLE, ILLINOIS 60580 Zu,"`h -N-ING EXHIBIT PH: 630-663-7660 FAX: 630-563-7646 www.smithengineering.com E—MAIL: see6smithengineering.com r McHENRY p HUNTLEY YORKVILLE ILLINOIS PROFESSIONAL DESIGN FIRM # 184-000108 CImY O � ILUNI S/IC:IJ a MAP S/TE S 116 a NOT TO SCALE p.t.NY��,ygyE BEA Vri T ,_...r.,.. VEP ,�TE RADIUS = 25' ARC = 39.24' 58859'01"W r1 294.94' 8 K)01 05,04-15 M-1 „�� o P•t Ya�;�� -05-226 ® v P•lYoeo3 oo 0 C) o (EXCEPTED E. 30) nig 588'57'15"W 30.00' N88'57'15"E 60.05' �— „~ i S88 5715 W 380.30' P.0.B. G' YOLK M„I 15 W D ZONON , Yorkville ®pO`� zO s opLAW 4-151.002 dC o p� eotNG 05 A 2� A p.l.� M-100 C rn o PA �' Y w oo � wv w� ov 06. p.I.N C�gv IL E 120.0' P.0.W. 2.0'.___I 588'28'01"W 380.32' X03 05 ,-! Z row c .0!5- ,,., �.... z EASTERL Y R.0.W. LINE OF ILLINOIS ROUTE 47 Q 06'x- pl Y YO�v o WIF pl N/ t-! LEGAL DESCRIPTION.- LOT ESCRIPTION:LOT 1 (EXCEPT THE EASTERLY 30.00 FEET THEREOF) IN BLOCK 2 IN FOX INDUSTRIAL PARK UNIT 1, IN THE UNITED CITY OF YORKOLLE, KENDALL COUNTY, ILLINOIS, AND THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1 IN BLOCK 2 IN FOX INDUSTRIAL PARK UNIT 1; THENCE SOUTH 88 DEGREES 57 MINUTES 15 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT 1, 30.00 FEET FOR THE POINT OF BEGINNING, THENCE SOUTH 01 DEGREES 01 MINUTES 17 SECONDS EAST, PARALLEL WITH THE WESTERLY LINE OF LOTS 3 AND 4 OF SAID FOX INDUSTRIAL PARK UNIT 1, 160.39 FEET; THENCE SOUTH 88 DEGREES 28 MINUTES 01 SECONDS WEST, 380.32 FEET TO THE PRESENT EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 47; THENCE NUHTH 07 ©EGMEES 01 MINUTES 05 SECONDS WEST, ALONG SAID PRESENT EASTERL Y RIGHT OF WA Y LINE, 163.63 FEET TO THE SOU THERL Y LINE EXTENDED WESTERL Y OF LOT 1 IN BLOCK 2 OF SAID FOX INDUSTRIAL PARK UNIT 1; THENCE NORTH 88 DEGREES 57 MINUTES 15 SECONDS EAST, ALONG SAID SOUTHERLY LINE, AND SAID EXTENSION, 380.30 FEET TO THE POINT OF BEGINNING, IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AND CONTAINING 2.33 ACRES MORE OR LESS g;; tr,;r� GRAPHIC SCALE PREPARED ON JULY 18, 2006. ,o`` � .......�Ipn �N160 40 0 20 40 80 PREPARE BY: 'CRAIG L.DUY c� 035-003359 % NEWARK ( IN FEET 9LltN0€S (�� e 1 inch — 40 ft. CRAIG L. DUY ` OFt1 iri,• . ILLINOIS PROFESSIONAL AND SURR011111; No. 3359 (EXPIRES: 11/30/06) N ZONING EXPIBI T POLJTE 47 AND BEA VES STk::'EET NOTES: Y0)2<VIL.LE, KENDALL COUNTY, * This map was created for use in a Zoning Exhibit. This map is not to ILLIN®IS be used for any construction or staking purposes without consent from a proper agent of Smith Engineering Consultants, Inc. * This IS NOT a Plat of Survey. No assumptions or agreements as to ownership, use, or possession can be conveyed from this document. * No underground improvements have been located unless shown and a C REVISIONS DRAWN BY: DATE: PROJECT N0. noted. * No distance should be assumed by scaling. t. NTD 7118106 060445 2. DESIGNED BY: HORtZ. SCALE: SHEET N0. * This map is void without original embossed or red colored seal and signature affixed. J. �" 40' S 4. CHECKED BY: VERT. SCALE: ZOn in g 5. CLD — SMITH ENGINEERING CONSULTANTS, INC. CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS FINAL PLAT OF SUBDIVISION 759 JOHN STREET YORKVILLE, ILLINOIS 60580 PH: 630-553-7560 FAX: 630-553-7646 www.sinithengineering.com E-MAIL: sec®smithengineering.com r McHENRY r HUNTLEY rYORKVILE ILLINOIS PROFESSIONAL DESIGN FIRM # 184_00010 FRAIRIE 8 COMP. FILE. 060444-fp.dwg PLOT FILE.-STANDARD A RESUBDIVISION OF LOTS 5, 6 AND 7 OF YORKVILLE COMMONS RECORDED AS VIEW: Prairie-Polite-FP-01 rl DOCUMENT NUMBER ON IN THE UNITED CITY OF YORKVILLE, BRISTOL T'NP., KENDALL CO., ILLINOIS. LOCA M N MAP PROJECT NOT TO SCALE AREA o r c t ons c 4. ,1GOvu. 347 /C+t7icC SET CONCRETE • es / y MONUMENT Gail C.Fishe/;eta/ s amYas �� ds Qin a z ' lG,2.34 xi0 W 'aac oe a6U05e; 0 1 lonial pi -5493 s - 'r# • Ri io Q :..:.. r t�a/}�� • . u � $M1b1}S.TRACT..S: ym�-F • 62r•/17.1 �. • i� rte.9B • h 9 a De/a^cs O. Fcvnishr wPm°man t/eta) a ///� 3 Caol •c Gac�wm ,y�° C¢N PR. hl 3 wQ MCPs �. mp(��rac •William D,�s 1rYr.}' w•" of Nn.i?t[3G��9q u • Sbg¢ �: g ry yy ^ 3 OR t V © ° A 1 ... N Q o� O \ 90 G O N31 21'36"W LOT 2 N0 4' 2��'R, 125,387 s.f. \ �> 2.878 cc. k b 01 �� LOT I CB=NQS'40�5'E \ \ G' o� 188,967 s f. � Q0 o�� O 4.338 0m �H=12.43' o. 17.45' 0 \ 3 �� •� h� \ E t �or � < �j�SL• \ �� N5540'07"E qg EXISTING 5751' 10.0' P. N38'18'S7"W� �O & D.E. � . o N48'49'0 25.00 q o � '��/ a -3 c. P W < N4849'05"E 5.00' 62.84' Q ate, ' ' �k9 k /1'�6•�� N08 37'41"E Al p p 4i 29.74' Ik 6 99_92'_ C hk 5 O, \ . I - Cs W S85 5944"E -/ S48'45'51"W k�6 �, •Pkv 9� 10.0 PARKING = , 30.43 3 J 17.65' I 101.86' 4i V 4 W SETBACK ��-- - 192.75' -- - N3878'S7"W h p V Q N41°14'09"WLTJ � W EXISTING - ___ _ o - - - --_ - h' O c3i cfl 20.0' P.U. - -Z ___ - L-2s.os! +� L=51.59' 534.81' / \ R=125.00' 1 -& D.E.70 - - - - L=17.81' - / CB=S39 51'37"W a O - - - - S05 41'02"W 36.38' C\ CH=51.23 LOT 3 of D >> 74,315 s.f. �3>> \ 5.41' �., 1.706 cc. ,3 W 536.47' N85°56'00"W cy 19 N28'02'10"E 80.0 zj O Gv, 6° ems O �O oD p z 'y�� s �6'R O W ° T9 6' 150-0 EXISTING 20.0' DRAINAGE �C) AND UTILITY EASEMENT I C�5 (0� `: �\ ��+o- / � SET CONCRETE / ��•� MONUMENT \O Q 20, X 20, 00, P.U. & D.E. o 20.0 o. 5 B.S.L. -o ro. LOT 4 C:) I 119,423 s f. / d' I 2.742 cc. / 0 o �p0 z 70 s o LO -To 0 o,ry OC� , 7 / N vI t,jp � / �co O� / 0 G Q0 • .5:a'.G': o Cl) � / c� Q ICl) �to. _......__._ tV` ° PJ O CIO s L = 7 C = R= 15 0 090 , Q; H 78 . 90 ' C11=N820 \ SEND 4 7 X28 rrt,,, ` \ �� C �/�/ ■ CONCRETE MONUMENT TO BE SET rS/p - - RIGHT OF WAY LINE HERETOFORE D P^ ED ICA ZED) Y BUILDING SETBACK LINE - - - -�` EASEMENT LINE QR= ACCESS EA GRAPHIC SCALE A CROSS ACCESS EASEMENT BENEFITING LOTS 1, 2, 3, AND 60 0 30 60 120 240 NO 7B 4 /S HEREBY DEDICATED OVER AREAS LABELED "CROSS 6p m 1. ANNOTATION ABBREVIATIONS - ACCESS EASEMENT" TRAFFIC FROM SAID LOTS SHALL FOLLOW EXIS77NG PAVEMENT LANES, TRAFFIC SIGNS, IN FEET B.S.L. = BUILDING SETBACK LINE ) i SIGNALS AND PAVEMENT MARKINGS ALONG AREAS LABELED 1 inch = 60 ft. POB = POINT BUIL OF BEGINNING POC = POINT OF COMMENCEMENT "CROSS ACCESS EASEMENT': P.U. & D.E. = PUBLIC UTILITY AND DRAINAGE EASEMENT A RECIPROCAL EASEMENT IS HEREBY RESERVED FOR AND S W.M. = STORM WA TER MANAGEMENT T.A.E.. = TEMPORARY ACCESS EASEMENT GRANTED TO THE OWNERS OF L 0 TS 1, 2, 3 AND 4 AND THEIR ASSIGNS FOR INGRESS AND EGRESS OVER 77-IE PAVED L.E. = LANDSCAPE EASEMENT H.O.A. = HOMEOWNER'S ASSOCIATION AREAS OF SAID LOTS` f; 2, 3 AND 4. FINAL PLAT OF SUBDIVISION 2. THIS PROPERTY IS WI THIN THE CORPORA TE LIMI IS OF THE UNI TED Cl TY OF YORKVILLE. PRAIRIE POINTE 3. 5/8" STEEL RODS SET @ ALL EXTERIOR CORNERS UNLESS OTHERWISE NOTED. 5/8" YORKVILLE , ILLINOIS STEEL RODS WILL BE SET AT ALL INTERIOR CORNERS WITHIN 12 MONTHS OF RECORDATION. THIS PLAT PRESENTED BY: 4. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. NAME: ---- ----------------- 5. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. ADDRESS: REVISIONS DWN BY' INT: DATE: PROJECT NO. -__ -__ -__-_-- 6. ALL AREAS SHOWN T. y NTD 8/9/06 JGS 06/23/06 LASL-060444-04 HEREON ARE MORE OR LESS TO THE NEAREST SQUARE FOO 2. DSN BY: INT: HORIZ SCALE: SHEET N0. 7. BEARINGS ARE BASED ON LOCAL COORDINATE SYSTEM. 3, - i -60 8. SEE COVENANTS AND RESTRICTIONS FOR EASEMENT PROVISIONS NOT SHOWN HEREON. _ - - - 4. CHK BY' INT: VERT SCALE: 1 of 2 5. CLD - SMITH ENGINEERING CONSULTANTS, INC. CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS FINAL PLAT OF SUBDIVISION 759 JOHN STREET YORKVILLE, ILLINOIS 60560 PH: 630-553-7560 FAX: 630-553-7646 www.smithengineering.com E—MAIL: sec®smithengineering.com IE POINTE r MCHENRY r HUN= ■YORKVILLE FRAIRILLINOIS PROFESSIONAL DESIGN FIRM # 184-000108 COMP. FILE. 060444—fp.dwg PLOT FILE:STANDARD A RESUBDIVISION OF LOTS 5, 6 AND 7 OF YORKVILLE COMMONS RECORDED AS WEW.• Prairie—Pointe—FP-02 DOCUMENT NUMBER _____________ ON -------------- IN THE UNI TED Cl TY OF YORKVILLE, BRISTOL TWP, KENDALL CO., ILLINOIS. EA SEMEN T PRO VIS/ONS A NON–EXCLUSIVE EASEMENT FOR SERVING THE SUBDIVISION AND OTHER PROPERTY WITH ELECTRIC AND COMMUNICATION SERVICE SLP I/EYORS CEIRITIF/CA TE IS HEREBY RESERVED FOR AND GRANTED TO QK/AERSN/P CERTIFICATE COMMONWEALTH EDISON COMPANY, AMERI TECH ILLINOIS a.k.a. ILLINOIS BELL TELEPHONE STATE OF ILLINOIS ) COMPANY, GRANTEES, STA TE OF _—__—_—_) )SS ) ss COUNTY OF KENDALL) THEIR RESPECTIVE LICENSEES, SUCCESSORS AND ASSIGNS, JOINTLY AND SEVERALLY TO COUNTY OF __________) THIS IS TO CERTIFY THAT 1, CRAIG L. DUY, ILLINOIS PROFESSIONAL LAND CONSTRUCT, OPERATE, REPAIR, MAINTAIN, MODIFY, RECONSTRUCT, REPLACE, SUPPLEMENT, RELOCATE AND REMOVE, FROM TIME TO TIME, POLES, GUYS, ANCHORS, WIRES, CABLES, SURVEYOR, HAVE SURVEYED AND SUBDIVIDED THE PROPERTY DESCRIBED THIS IS TO CERTIFY THAT LAND ADVISORS, LLC IS THE FEE SIMPLE OWNER OF THE AS FOLLOWS: CONDUITS, MANHOLES, TRANSFORMERS, PEDESTALS, EQUIPMENT CABINETS OR OTHER FACILITIES USED IN CONNECTION WITH UNDERGROUND TRANSMISSION AND DISTRIBUTION OF PROPERTY DESCRIBED IN THE FOREGOING SURVEYOR'S CERTIFICATE AND HAS CAUSED THE LOTS 5, 6, AND 7 OF YORKVILLE COMMONS SUBDIVISION, RECORDED ON ELECTRICITY, COMMUNICATIONS, SOUNDS AND SIGNALS IN, OVER, UNDER, ACROSS, ALONG SAME TO BE SURVEYED, SUBDIVIDED, AND PLATTED AS SHOWN HEREON FOR THE USES ________ _ _____AS DOCUMENT NUMBER __ _—, AND UPON THE SURFACE OF THE PROPERTY SHOWN WITHIN THE DASHED OR DOTTED AND PURPOSES HEREIN SET FORTH AS ALLOWED AND PROVIDED FOR BY STATUTE, AND ALL IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. LINES (or similar designation) ON THE PLAT AND MARKED "EASEMENT", "UTILITY ODES HEREBY ACKNOWLEDGE AND ADOPT THE SAME UNDER THE STYLE AND TITLE EASEMENT'; "PUBLIC UTILITY EASEMENT'; "P.U.E. " (or similar designation), THE PROPERTY THEREON INDICATED. l FURTHER CER77FY THAT NO PART OF THE ABOVE DESCRIBED PROPERTY IS LOCATED WITHIN A SPECIAL FLOOD HAZARD AREA AS IDENTIFIED BY THE DESIGNATED IN THE DECLARATION OF CONDOMINIUM AND/OR ON THIS PLAT AS "COMMON THE UNDERSIGNED HEREBY DEDICATES FOR PUBLIC USE THE LANDS SHOWN ON THIS PLAT FEDERAL EMERGENCY MANAGEMENT AGENCY BASED ON F.I.R.M. ELEMENTS" AND THE PROPERTY DESIGNATED ON THE PLAT AS "COMMON AREA OR FOR THOROUGHFARES, STREETS, ALLEYS AND PUBLIC SERVICES; AND HEREBY ALSO 070341-0010C, DATED 7/19/1982, AND 070341-0020C, DATED 7/19/1982. AREAS'; AND THE PROPERTY DESIGNATED ON THE PLAT FOR STREETS AND ALLEYS, RESERVES FOR ANY ELECTRIC, GAS, TELEPHONE, CABLE TV OR OTHER ALL OF 774E PROPERTY IS LOCATED IN "ZONE C, AREAS OF MINIMAL WHETHER PUBLIC OR PRIVATE, TOGETHER WITH THE RIGHT TO INSTALL REQUIRED SERWCE 7FLECOMMUNICA77ONS COMPANY UNDER FRANCHISE AGREEMENT WITH THE UNITED CITY OF FLOODING. " CONNECTIONS UNDER THE SURFACE OF EACH LOT AND COMMON AREA OR AREAS TO YORKVILLE, THEIR SUCCESSORS AND ASSIGNS, THE EASEMENT PROVISIONS WHICH ARE SERVE IMPROVEMENTS THEREON, OR ON ADJACENT LOTS, AND COMMON AREA OR AREAS, STA TED HEREON. I ALSO HEREBY CERTIFY THAT I HAVE SET ALL EXTERIOR SUBDIVISION THE RIGHT TO CUT, TRIM OR REMOVE TREES, BUSHES, ROOTS, SAPLINGS AND TO CLEAR MONUMENTS AND DESCRIBED THEM ON THIS FINAL PLA T, AND THAT ALL OBSTRUCTIONS FROM THE SURFACE AND SUBSURFACE AS MA Y BE REASONABLY REQUIRED THE UNDERSIGNED FURTHER CERTIFY THAT ALL OF THE LAND INCLUDED IN THIS PLAT INTERIOR MONUMENTS SHALL BE SET WITHIN 12 MONTHS OF THE INCIDENT TO THE RIGHTS HEREIN GIVEN, AND THE RIGHT TO ENTER UPON THE SUBDIVIDED LIES WITHIN THE BOUNDARIES OF YORKVILLE COMMUNITY UNIT SCHOOL DISTRICT 115. PROPERTY FOR ALL SUCH PURPOSES PRIVATE OBSTRUCTIONS SHALL NOT BE PLACED RECORDATION OF THIS PLA T, A S REQUIRED B Y 774E PLA T A C T (ILLINOIS OVER .GRANTEES' FACILITIES OR /N, .UPON OR. OVER .THE PROPERTY WITHIN 774E DASHED DATED AT _____--__, THIS ------ DAY OF ________–__, 2006. REVISED STATUES 1989, CHAPTER 109, SECTION 1). ALL DIMENSIONS OR DOTTED LINES or similar designation) ON THE PLAT AND MARKED "EASEMENT" SHOWN ARE IN U.S. SURVEY FEET AND DECIMAL PARTS THEREOF ( g ) A.D., 2006. "UTILITY EASEMENT'; "PUBLIC UTILITY EASEMENT'; "P.U.E." (or similar designation), LAND ADVISORY SERVICES, LLC GIVEN UNDER MY HAND AND SEAL THIS _____ DAY OF —__—_— WITHOUT THE PRIOR WRITTEN CONSENT OF THE GRANTEES. AFTER INSTALLATION OF ANY 4500 PRIME PARKWAY SUCH FACILITIES, THE GRADE OF THE SUBDIVIDED PROPERTY SHALL NOT BE ALTERED IN MCHENRY, ILLINOIS 60050 A MANNER SO AS TO INTERFERE WITH THE PROPER OPERATION AND MAINTENANCE THEREOF. ------------------------- Professional Illinois Land Surveyor No. 035-003359 THE TERM "COMMON ELEMENTS" SHALL HAVE THE MEANING SET FORTH FOR SUCH TERM License expiration date 11/30/2006 /N THE CHAPTER 765 ILCS 605/2, AS AMENDED FROM ITS _ TIME TO TIME. THE TERM "COMMON AREA OR AREAS" IS DEFINED AS A LOT, PARCEL OR AREA OF THE REAL PROPERTY, THE BENEFICIAL USE AND ENJOYMENT OF WHICH IS RESERVED IN WHOLE OR AS AN APPORTIONMENT TO THE SEPARATELY OWNED LOTS, PARCELS OR AREAS WITHIN THE PLANNED DEVELOPMENT, EVEN THOUGH SUCH MAY BE OTHERWISE DESIGNATED ON THE PLAT BY TERMS SUCH AS "OU7LOTS, "COMMON ELEMENTS", "OPEN SPACE", NOTARY CERTIFICATE OPEN AREA» "COMMON COMMON GROUND», PARKING" ", AND COMMON AREA". THE TERMS "COMMON AREA OR AREAS" AND "COMMON ELEMENTS" INCLUDE REAL PROPERTY SURFACED WITH INTERIOR DRIVEWAYS AND WALKWAYS, BUT EXCLUDES REAL PROPERTY STATE OF _--- ------ ) PHYSICALLY OCCUPIED BY A BUILDING, SERVICE BUSINESS DISTRICT OR STRUCTURES SUCH ss AS A POOL, RETENTION POND OR MECHANICAL EQUIPMENT. COUNTY OF CITY COLL'VCIL C6PT/FICATE RELOCATION OF FACILITIES WILL BE DONE BY GRANTEES AT COST OF THE GRANTOR/LOT OWNER, UPON WRITTEN REQUEST. A NOTARY PUBLIC IN AND FOR THE COUNTY --- AND STATE AFORESAID, DO HEREBY CERTIFY THAT ___ STA 7E OF ILLINOIS) )ss EASEMENT FOR PUBLIC UTILITIES AND DRAINAGE COUNTY OF KENDALL) A NON–EXCLUSIVE BLANKET EASEMENT IS HEREBY RESERVED FOR AND GRANTED TO SBC AND ------, PERSONALLY KNOWN TO ME TO BE THE AMERITECH, NICOR, COM ED, JONES INTRCABLE, OTHER PUBLIC UTILITIES, AND HOLDERS APPROVED AND ACCEPTED BY 774E MAYOR AND CITY COUNCIL OF THE OF EXISTING FRANCHISES GRANTED BY THE CITY OF YORKOLLE, ILLINOIS, AND THEIR AND ----_----- OFAS SHOWN RESPECTIVE SUCCESSORS AND ASSIGNS WITHIN THE AREAS SHOWN ON THE PLAT AS ABOVE, APPEARED BEFORE ME THIS DAY AND ACKNOWLEDGED THAT AS SUCH OFFICERS, UNITED CITY OF YORKVILLE, ILLINOIS, THIS _____–_DAY OF_—_____—_, 2006. "BLANKET EASEMENT" TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, REMOVE, REPLACE, THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AND CAUSED THE CORPORATE SEAL INSPECT, MAINTAIN AND OPERATE UNDERGROUND TRANSMISSION AND DISTRIBUTION TO BE AFFIXED THERETO AS THEIR FREE AND VOLUNTARY ACT AND AS THE FREE AND SYSTEMS AND LINES UNDER THE SURFACE OF THE "BLANKET EASEMENT, INCLUDING VOLUNTARY ACT OF SAID CORPORATION, FOR THE USES AND PURPOSES THEREIN SET WITHOUT LIMI TA TION TO TELEPHONE CABLE, GAS MAINS, ELECTRIC LINES, CABLE FOR 774. TELEVISION LINES, AND ALL NECESSARY FACILITIES APPURTENANT THERETO, TOGETHER MAYOR W177-1 THE RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIPMENT NECESSARY GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS DAY OF AND REQUIRED FOR SUCH USES AND PURPOSES AND TOGETHER WITH THE RIGHT TO 2006. INSTALL REQUIRED SERVICE CONNECTIONS UNDER THE SURFACE OF EACH LOT TO SERVE IMPROVEMENTS THEREON. A NON–EXCLUSIVE BLANKET EASEMENT IS ALSO HEREBY RESERVED FOR AND GRANTED TO THE UNITED CITY OF YORKWLLE, ILLINOIS TO CONSTRUCT, INSTALL, RECONSTRUCT, REPAIR, — NOTARY PUBLIC — REMOVE, REPLACE AND INSPECT FACILITIES FOR THE TRANSMISSION AND DISTRIBU77ON OF WATER, STORM SEWERS, SANITARY SEWERS AND ELECTRICITY, WITHIN THE AREAS SHOWN ON THE PLAT AS "BLANKET EASEMENT", TOGETHER WITH A RIGHT OF ACCESS THERETO FOR THE PERSONNEL AND EQUIPMENT NECESSARY AND REQUIRED FOR SUCH USES AND PURPOSES. THE ABOVE NAMED ENTITIES ARE HEREBY GRANTED THE RIGHT TO ENTER UPON EASEMENTS HEREIN DESCRIBED FOR THE USES HEREIN SET FORTH AND THE RIGHT TO CUT, TRIM, OR REMOVE ANY TREES, SHRUBS OR OTHER PLANTS WITHIN THE AREAS DESIGNATED AS "BLANKET EASEMENT" WHICH INTERFERE WITH THE CONS7RUC770N, INSTALLA RON, RECONSTRUCTION, REPAIR, REMOVAL, REPLACEMENT, MAINTENANCE AND OPERATION OF THEIR UNDERGROUND TRANSMISSION AND DISTRIBU77ON SY57EMS AND FACILITIES APPURTENANT THERETO. NO PERMANENT BUILDINGS, STRUCTURES, OR OBSTRUCT70NS SHALL BE CONSTRUCTED IN, UPON, OR OVER ANY AREAS DESIGNATED AS "BLANKET EASEMENT"; BUT SUCH AREAS MAY BE USED FOR GARDENS, SHRUBS, TREES, CITY PLAN COMMISSION MIRDFICATE LANDSCAPING, DRIVEWAYS, AND OTHER RELATED PURPOSES THAT DO NOT UNREASONABLY CITY ENGIAEUR'S CERTIFICATE INTERFERE WITH THE USES HEREIN DESCRIBED. STATE OF ILLINOIS) STATE OF ILLINOIS) THE OCCUPA 77ON AND USE OF THE NON–EXCLUSIVE BLANKET EASEMENT HEREIN GRANTED )ss AND RESERVED FOR THE ABOVE NAMED ENTITIES BY EACH OF SUCH ENT777ES SHALL BE )ss COUNTY OF KENDALL) DONE IN SUCH A MANNER SO AS NOT TO INTERFERE WITH OR PRECLUDE THE COUNTY OF KENDALL) OCCUPATION AND USE 774EREOF BY OTHER EN7777ES FOR WHICH SUCH EASEMENTS ARE APPROVED AND ACCEPTED BY THE PLAN COMMISSION OF 77-IE GRANTED AND RESERVED. THE CROSS/NG AND RECROSS/NG OF SAID EASEMENTS BY THE ABOVE NAMED EN77TIES SHALL BE DONE IN SUCH A MANNER SO AS NOT TO INTERFERE 1, JOE WYWROT, CITY ENGINEER FOR THE UNITED CITY OF YORKVILLE, DO HEREBY UN17ED CITY OF YORKVILLE, ILLINOIS, THIS ______DAY OF___________, 2006. WITH, DAMAGE, OR DISTURB ANY TRANSMISSION AND DISTRIBUTION SYSTEMS AND CERTIFY THAT THE REQUIRED IMPROVEMENTS HAVE BEEN INSTALLED OR THE REQUIRED FACILITIES APPURTENANT THERETO EXIS77NG WITHIN THE EASEMENTS BEING CROSSED OR GUARANTEE COLLATERAL HAS BEEN POS7FD FOR THE COMPLETION OF ALL REQUIRED RECROSSED. NO USE OR OCCUPATION OF SAID EASEMENTS BY 77-1E ABOVE NAMED IMPROVEMENTS EN7777ES SHALL CAUSE ANY CHANGE IN GRADE OR IMPAIR OR CHANGE THE SURFACE ------------------------------------------- DRAINAGE PA TTERNS. DATED AT YORKVILLE, ILLINOIS THIS ___ DAY OF � 2006. CHAIRMAN FOLLOWING ANY WORK TO BE PERFORMED BY THE UNITED CITY OF YORKVILLE IN THE EXERCISE OF ITS EASEMENT RIGHTS HEREIN GRANTED, SAID CITY SHALL HAVE NO —�—CITY ENGINEER -- OBLIGA77ON WITH RESPECT TO SURFACE RESTORATION, INCLUDING BUT NOT LIMITED TO, THE RESTORATION, REPAIR OR REPLACEMENT OF PAVEMENT, CURB, GUTTERS, TREES, LAWN OR SHRUBBERY, PROVIDED, HOWEVER, THAT SAID CITY SHALL BE OBLIGATED, FOLLOWING SUCH MAINTENANCE WORK, TO BACKFILL AND MOUND ALL TRENCH CREATED SO AS TO RETAIN SUITABLE DRAINAGE, TO COLD PATCH ANY ASPHALT OR CONCRETE SURFACE, TO REMOVE ALL EXCESS DEBRIS AND SPOIL, AND TO LEAVE THE MAINTENANCE AREA IN A GENERALLY CLEAN AND WORKMANLIKE CONDI TION. COLaVTY QL99K—'S 0 RTIFICA TL STATE OF ILLINOIS) )ss CITY CLERK'S CEQTIF/GATE COUNTY OF KENDALL) STATE OF ILLINOIS) l, ____ COUNTY CLERK OF KENDALL COUNTY, ILLINOIS, DO )ss HEREBY CERTIFY THAT THERE ARE NO DELINQUENT GENERAL TAXES, NO UNPAID COUNTY OF KENDALL) CURAGAIENT NST ANYES, NO UNPAID OF THE LAND INCLUDED INAXES, AND NO THE PLAT HEREIN DRAWN. I TAX FURTHER SALES APPROVED AND ACCEPTED BY THE MAYOR AND CITY COUNCIL OF THE CER 77FY THAT I HAVE RECEIVED ALL STATUTORY FEES IN CONNEC77ON WITH THE PLAT HEREIN DRAWN. UNITED CITY OF YORKVILLE, ILLINOIS, BY ORDINANCE No.__ GIVEN UNDER MY HAND AND SEAL OF THE COUNTY CLERK AT YORKVILLE, AT A MEE77NG HELD THIS ____—_DAY OF___________, 2006. ILLINOIS, THIS _—_—___DA Y OF _—____--_—__—__— 2006. SURFACE WATBP STATEMENT STATE OF ILLINOIS ) ---------------- Cl TY CLERK )SS COUNTY OF ----- ) ------------------------------------------ COUNTY CLERK TO THE BEST OF OUR KNOWLEDGE AND BELIEF THE DRAINAGE OF SURFACE WATERS WILL RECORDER'S CERTIFICATE NOT BE CHANGED BY THE CONSTRUCTION OF SUCH SUBDIVISION OR ANY PART THEREOF OR, THAT IF SUCH SURFACE WATER WILL BE CHANGED, REASONABLE PROVISIONS HAVE BEEN MADE FOR COLLECTION AND DIVERSION OF SUCH SURFACE WATERS INTO PUBLIC AREAS, OR DRAINS WHICH THE SUBDIVIDER HAS A RIGHT TO USE, AND THAT SUCH SURFACE WATERS WILL BE PLANNED FOR IN ACCORDANCE WITH GENERALLY ACCEPTED STA 7E OF ILLINOIS) ENGINEERING PRACTICES SO AS TO REDUCE 774E LIKELIHOOD OF DAMAGE TO THE )ss ADJOINING PROPERTY BECAUSE OF THE CONSTRUCTION OF THE SUBDIVISION. COUNTY OF KENDALL) CITY ADMINISTRATOR'S CERT/FICA TE DA TED THIS —__— DA Y OF A.D., 2006. ----' THIS INSJRUMENT 740. —_—_ ____—_____—__—__ WAS FILED FOR RECORD STATE OF ILLINOIS) ENGINEER_ _ ---- OWNER__ e– IN THE RECORDER'S OFFICE OF KENDALL COUNTY, ILLINOIS, ON THIS )ss MY LICENSE EXPIRES ON----- _ DAY OF COUNTY OF KENDALL) ----------__ --__—_� 2006, AT _—_—_____—_ O'CLOCK ___.M. APPROVED AND ACCEPTED BY THE CITY ADMINISTRATOR OF THE UNITED CITY OF YORKWLLE, ILLINOIS, THIS -------DA Y OF__ , 2006. KENDALL COUNTY RECORDER ----- -------------------- CITY ADMINISTRA TOR FILIAL PLAT OF SUBDIVISION PRAIRIE POIN`T'E NOTICE: YORKVILLE , ILLINOIS Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the country. Property that supports this PREPARED FOR: REVISIONS DWN BY: INT: DATE: PROJECT NO. industry is indicated by a zoning indicator – A-1 or Ag Special Use. Anyone constructing a residence or facility near this zoning LAND ADVISORY SERVICES LLC 1• NTD 8/9/06 NTD 6/22/06 060444-04 should be aware that normal agricultural practices may result in 2. DSN BY: INT: HORIZ SCALE: SHEET NO. occasional smells, dust, sights, noise and unique hours of 4500 PRIME PARMA Y _ / operations that are not t&cal in other zoning areas. MCHENRY, ILLINOIS 60050 4. CHK BY: INT: VERT SCALE.• 2 Of 2 5.1 CLD – ZONING PLAT OF PART OF THE NORTHEAST QUARTER OF SECTION 31 , T37N-R7E, 3rd PM AND PART OF THE SOUTHEAST QUARTER OF SECTION 30, T37N-R7E, 3rd PM BRISTOL TOWNSHIP KENDALL COUNTY ILLINOIS (� PIN 02-30-400-005 ' v Ruth Nelson TR A- 1 F i5l -- 'r4 .... - 617 SCALE /� 618, - _ -_; 30 Ook 1100' .1 ' _ k 1oor& kory�' _ry rM / .moi 12 Hicko0�-> g 3278 (k 21 N;ck°ry 21pMcko 2r~o° 6r �2 2`\ � ob, • Indicates Iron Stake Found �� i0�0� 0 \ C1 Indicates Iron Stake Set �- 24Hckory l A 24 Hickory \� Indicates Line of Fence 30"Hickory 1} --- �'----'� �,.� -3J-226-00 PIN 02 2 -956- Indicates Contour Elevation Gail Fisher et. at s _� 622-�'/ .,O n�9 I Indicates Soils Boundary _-_ 4e ook ' 791 Aorc \oma 6.0323 Acres \ � F ickory 42"Ook ------ - SOILS (From USCS Soils Map) t 3278 Fox Silt Loam, 1 to 4% slopes ��- ' _ �, _ --- -- j QP N o z PIN 02-31-201-008 Rp 791A Rush Silt Loam, 0 to 2% slopes j 1 Glen A. & Pamela A. Nelson �S ' Document No. 00-14901 '«i 7"--- 327C2 Fox Silt Loam, 4 to 7% slopes, eroded I 996, A- 1 - opo z j XoQ, w 152 Drummer Silty Clay Loam 30 29 .� 30.0'x63.4' Sreei Shed 31 32 64 X35 35 r Parcel 1 0 V Stieda Q° n AREA TO BE REZONED: ° 5.0000 Acres Ln PIN 02-31-226-00> Z o PIN 02--31-201-007 Terry 0. & Ruth R. Cope 1 1 .0323 Acres Ruth Nelson. TR 28.8'x30.o' _ l GA- 1 _ Ln c" i Frome Crib � .� 00 A- 1 � a N c av PRESENT ZONING, 24.3'x16.2' kAJ a I Frome Shed N i 'w 791A w dQ Al rn " 70' w PIN 02-31-201-004 N l� �f PROPOSED ZONING: Ruth Nelson TR ,oJ.- °ass, R1 ( One-Family Estate Residence District) A- 1 Centerline ers ^:) .� , ayem .. 1726 95 DEVELOPER: 4 �,� ut;1;ry ROAp __ _- Y_ R� Glen A. & Pamela A. Nelson ^ - ;Wil 11327 River Road Oe Plano, IL 60545 16 XWp�� ESTATES LEGAL DESCRIPTION OF TRACT TO BE REZONED: 15 FOLocation Sketch That part of the Southeast Quarter of Section 30 and that part of the Northeast , Quarter of I (Not to Scale) \ Section 31 , Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northeast Corner of said Northeast Quarter; thence Southerly, along the East Line of said Northeast Quarter, 268.29 feet to the centerline of IL Rte. 34 River Road; thence Southwesterly, along said centerline, 1726.95 feet to a point of beginning; thence Northerly, along a line which forms an angle of 82'03'13 with the last r described course, measured counter-clockwise therefrom, 368.92 feet; thence Westerly, Subject along a line which forms an angle of 86'20'00" with the last described course, measured Property 1D clockwise therefrom, 235.35 feet; thence Northerly, along a line which forms an angle of 82'36'44 with the last described course, measured counter-clockwise therefrom, 565.37 feet; thence Easterly, along a line which forms an angle of 91'02'38" with the last +Described course, measured counter-clockwise therefrom, 642.78 Feet c ",ie East Line of C River Road Tract conveyed to Lloyd E. Nelson by a Warranty Deed recorded as Document 72-1896, as said Line is monumented and occupied; thence Southerly, along said line which forms an angle of 88'42'02" with the last described course, measured counter-clockwise therefrom, 836.17 feet to said centerline of River Road; thence Southwesterly, along said centerline which forms an angle of 101'55'23" with the last described course, measured LEGAL DESCRIPTION OF PARCEL_ 2.- counter-clockwise :counter-clockwise therefrom; 389.65 feet to the point of beginning in Bristol Township, Kendall County, Illinois and containing 11 .0323 acres. That part of the Southeast Quarter of Section 30 and that part of the Northeast Quarter of Section 31 , Township 37 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the Northeast Corner of said Northeast Quarter; thence Southerly, along the East Line of said Northeast Quarter, 268.29 feet to the centerline of River Road; thence Southwesterly, along said centerline, 1726.95 feet; thence Northerly, along a line which forms an angle of 82"03'13 with the last described course, measured LEGAL DESCRIPTION OF PARCEL 1 : counter-clockwise therefrom, 368.92 feet; thence Westerly, along a line which forms an angle of 86'2000' with the last described course, measured clockwise therefrom, 235.35 That port of the Southeast Quarter of Section 30 and that part of the Northeast Quarter feet; thence Northerly, along a line which forms an angle of 82'36'44 with the last Section 31 Township 37 North, Range 7 East of the Third Principal Meridian described as ?( described course, measured counter-clockwise therefrom, 165.93 feet; thence follows: Commencing at the Northeast Corner of said Northeast Quarter; thence N' Northeasterly, along a line which forms an angle of 99'36'04" with the last described Southerly, 'along the East Line of sold Northeast Quarter, 268.29 feet to the centerline of course, measured counter-clockwise therefrom, 579.38 feet to a line which is 70.0 feet River Road; thence Southwesterly, along said centerline, 1726.95 feet to a point of Westerly of and parallel with the East Line of a Tract conveyed to Lloyd E. Nelson by a beginning; thence Northerly, along a line which forms an angle of 82'03'13 with the last Warranty Deed recorded as Document 72-1896, as said Lime is monumented and occupied described course, measured counter-clockwise therefrom, 368.92 feet; thence Westerly, for a point of beginning; thence Southwesterly, along the last described course, 579.38 along a line which forms an angle of 86'20'00" with the Inst described course, measured feet; thence Northerly, along a line which forms an angle of 80'23'56" with the last clockwise therefrom, 235.35 feet; thence Northerly, along a line which forms an angle of described course, measured counter-clockwise therefrom, 399.43 feet-, thence Easterly, 82'36'44 with the last described course, measured counter-clockwise therefrom, 165.93 along a line which forms an angle of 91'02'38" with the last described course, measured feet; thence Northeasterly, along a line which forms an angle of 99'36'04 with the lost counter-clockwise therefrom, 642.78 feet to the East Line of said Lloyd E. Nelson Tract, described course, measured counter-clockwise therefrom, 579.38 feet to a line which is as said Line is monumented and occupied thence Southerly, along said East Line which 70.0 feet Westerly of and parallel with the East Line of a Tract conveyed to Lloyd E. forms an angle of 88'42'02" with the last described course, measured counter-clockwise Nelson by a Warranty Deed recorded as Document 72-1896, as said Line is monumented therefrom, 836.17 feet to said centerline of River Road; thence Southwesterly, along 'sold and occupied; thence Southerly, along a, line which is parallel with said East Line which centerline which forms an angle of 101'55'23" with the last described course, measured forms an angle of 80'08'36" with the last described course, measured counter-clockwise counter-clockwise therefrom, 71 .54 feet to a point on a line which is 70.0 feet Westerly of therefrom, 536.12 feet to said centerline of River Road; thence Southwesterly, along said and parallel with the East Line of said Lloyd E. Nelson Tract, as said Line is monumented centerline which forms an angle of 101'55'23" with the last described course, measured and occupied; thence Northerly, along a line which is parallel to said East Line, 536.12 counter-clockwise therefrom, 318.11 feet to the point of, beginning in Bristol Township, feet to the point of beginning in Bristol Township, Kendall County, Illinois and containing Kendall County, Illinois and containing 5.0000 acres. 6.0323 acres. July 12, 42006 J O B NO. 06076 11078 South Bridge Street PhillipD Youn and Associates , Inc .JOB NAME NELSON Yorkville, Illinois 60560 DWG FILE 06076 LAND SURVEYING TOPOGRAPHIC MAPPING - Lic.# 184-002775 Telephone (630)553-1580 SMITH ENGINEERING CONSULTANTS, INC. CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS 759 JOHN STREET LIMINARY PLAT OF SUBDIVISItJN YORKVILLE, ILLINOIS 60560 PT r PH: 630-553-7560 FAX: 630-553-7646 if{Wn , www.smithengineering.com E-MAIL: sec®smijh0eng��e�'ng•com r McHENRY r HUNTLEY TILLINOIS PROFESSIONAL DESIGN FIRM # 184-000108 .i. 060444-PRE-PLAT 1_1-0940.dwg MP. FILE. _ PRAIRIE CO PLOT FILE:STANDARD A RESUBDIVISION OF LOTS 5 , 6 AND 7 OF FUTURE YORKVILLE COMMONS IN LO ILE:STA STANDARD THE UNITED CITY OF YORKVILLE, BRISTOL TV1lP. , KENDALL CO. , ILLINO[S. SECTIONS 21 & 28, TOWNSHIP 37 NORTH , RANGE 7 EAST I�GEND EXISTING ZONING - NORTH AREA (CITY OF YORKVILLE, R-2) B-3) LOCAL ® CONCRETE MONUMENT TO BE SET /]� K:l-d1�lA1pKS= EXISTING ZONING SOUTH AREA (CITY LOCAL BENCHAfARK: PROPOSED ZONING - (CITY OF YORKVILLE, B-3) _ - RIGHT OF WAY LINE PLANS PREPARED FOR: BUILDING SETBACK LINE BENCHMARK#1-CUTXONTop OFEASTERNMOST CURB OFCOMMb'RCIALRESTAURANTBUILDING LAND ADVISORY SERVIGES� L.L.C. LOCATED IN THE SOUTHEASTERN -- EASEMENT LINE QUADRANT OF INTERSECTION OFILLINOISROUTE47ANDCOUNTRY5IDEPARKW -L BUIL IN 4500 PRIME PARKWAY APPROXIMATELY30FFET EAST OF THE NORTHEAST CORNER OF SAID COMMERCIAL BUILDING. M G H E N RY L 600so ELEV.=641.45(NG VD 29) PROJECT CONTACT: .-,�..,.�.,. . ... BENCHMARK#2-FEMA BENCHMARK RMI 7 MR. JASON POPPEN tnc�lTiQN MAL' PRIO.ECT CHISELED SQUARE SET 1N TOP OFNORTHEAST WINGWALL OFILLINOIS STATE ROUTE 47BRIDGE PHONE: (630) 553-7560 NOT TO SCALE ARBA OVER BLACKBERRY CREEK BENCHMARK IS LOCATED APPROXIMATELY 1300 FT.NORTH OF 17VTERSECTIONOFILLINOISROUTE47WITHKENNEDYROADINSECTION21, TOWNSHIP37N,RANGE FAX: (630) SS3-7646 . .,.sy karHce o. rQ } a #tnna Wm.Wr'q!e } /34.7 yr y Scn6- ,q; 3' 03.32 �2.sB 7E. ¢ cor,snG. 'a ELEV.=629.20(NGVD 29) SET CONCRETE Coil C.Fisl7el tial s /0 S mJ Q P SITEBENCIIMARK: MONUMENT �Yng ' •�6 J M :. ,gyp" 7" �.r '..:.' BENCHMARK#3-THE NORTHEAST BOLT ONFIRE HYDRANT NUMBER 26 ATT HE NORTHEAST CORNER OF COUNTRYSIDE PARKWAYANDMcHUGHROAD 7r ,� ,1G V' F° y o �7� • ELEV.=644.88(]VG VD 29) Cuoprr % h iK Donald U. BENCHMARK#4-TFIEBURYBOLTONFIRE HYDRANT NUMBER 28 IN THE NOR THEA ST QUADRANT OF ' FtWnrshi rz �' GB.57e 'J� Cvra/S. Ti7/.33) FCOUNTRYSLOEPARKWAYANDMCHUGHROADLYINGAPPROXIMATELY360 �' �. f\ wP 3 Hammon NO Q � la.� THE INTERSECTIO ° O FEET EAST OF THE INTERSECTION. °. ELEV.=645.09(NG VD 29) � ao� Cwo/ Lr \'� O �G /... ... <.,.' ., KI.cYJRf :..TR� p� B.OICCR c � _. �V"�"�V•p'0 0' /,/ /,(� , : •G Wok iw 2l'.,F' / .�� ,�('. 0• / .�� YOB ��ue �. �� ', h ..a c.:: N , P•� �5 �'o. 0 0 -0 43.51 c�` G N3121'36"W Op o°D'° e� \ LOT 2 00 O�z \4, �0 125, &f. 0 p�5 Ile I 2.8 a7ac. 0 o \ � �. L=13.94' \ \ �\��! mo o, L®T I -�� 0• CB NO8.40'35"E �o° 188,967 s f. CH=12. \ g4 4,338 ac. > 17.45' ,' 0 � o < N55 40'07"E EXISTING / 2a <: 53878'57 W EX N 0 v 10 D 3 �o \ .I ' \, Or D.E.D.E. `� N4 c'� �,a ' �o�� Q 8 49'05'E o / \ \ •G 0 " 25.00 / v / ... Q ,o s N4849'05"E ,�� 5.00' 6 62.84' 9 1 O I W W \ �� - `� ,� /1 ,D�10 N083741"E .. \ / �1 29.74' � / cp�� Q Q CO Uj `'-\� / / 4i 548.45'51"W 4� 0. I. Qx ~ [� �ss� 99_92`_ Prl7p, 1 Q h W 5853944'E 10.0' PARKING - 101.86 -/ 30.43 Q• \ I -"� --- ---- N3878'S7"W= �l V N41'14'09"W/ I o SETBACK 192.75' O W p O ;:...EXISTING - - z 6' / / R=125.00' / . 9.0 20.0' P.U 534 81 - md�"� � &• D.E. ,, -,: --�-- CB 539'51'37"W S o' p = L=17.81' �/ CH-51.23' LOT �J S05 41'02"W 36.38' /,7 1, 4,3 . . I - - e 7 15 s f O - - - �3), 5.4 r.. " 1.706 ac. .� D W 536.47' N85°56'00"1/1/ ,,,,_...__..._... , „ C, R ¢s 1 E N28 02 0 ' 01_. Z J . O S.Z.... 80.0 ,, � cy 9 �\\ Lij 00 NON oN t N O �� c�. E EXISTING 0'SES 5� sem, 20.0' DRAINAGE AND UTILITY \ n� EASEMENT -SET.A. sem_ T QO ti ° ti� �� ° e 5 P 20.o B.S L. o -0 6 0� G,� 090 W LOT 4 / Ief 0 119,423 s f. ,, d• _.... 2.742 oc. ° / o Z I ,00, N ,o s 1 co ,rp ti I G o o/ ®`ry '` I 6S f C�•aJ Q N r 00 rp V / Q LIJ 46 Or) c_ ° tri N o to M �. 4 I O C) L = 7g • g1 R= 1500 . 00 �_ o CH= 78 . 9 0 ' Cg_ ° _. . _ o N8 2 4 712 8 ►►w \ COUNT , �PrSo pE T�C�E QED/ 02-28-226-006 CURRENT ZONING: B-3 02-28-226-006 CURRENT ZONING: B-3 - GRAPHIC SCALE 60 0 30 60 120 240 LEGAL DESCRIPTION: PREPARED ON 6/23/2006 LOTS 5, 6 AND 7 OF FUTURE YORKVILLE ( IN FEET ) COMMONS, IN THE UNITED CITY OF YORKVILLE, PREPARED BY: 1 inch = 60 ft. BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. NO CRAIG L. DUY 1. ANNOTATION ABBREVIATIONS - ILLINOIS PROFESSIONAL LAND SURVEYOR B.S.L. = BUILDING SETBACK LINE No. 3359 (EXPIRES: 11/30/06) PRELIMINARY PLAT O F SUBDIVISION POB = POINT OF BEGINNING POC = POINT OF COMMENCEMENT PRAIRIE POINTE P.U. & D.E. = PUBLIC UTILITY AND DRAINAGE EASEMENT S.W.M. = STORM WATER MANAGEMENT T.A.E. = TEMPORARY ACCESS EASEMENT YORKVILLE , ILLINOIS L.E. = LANDSCAPE EASEMENT H.O.A. = HOMEOWNER'S ASSOCIA77ON 2. THIS PROPERTY IS WITHIN THE CORPORATE LIMITS OF THE UNITED CITY OF YORKWLLE SMITE � � Cp��CT= STANDARD ABOREV0T/ONS 5 8" STEEL RODS SET 0 ALL EXTERIOR CORNERS UNLESS OTHERWISE N0��REC RDAT70N. TER J. HUINKER, P.E. - DIRECTOR OF OFFICE OPERA77ONS B.S.L. - BUILDING SETBACK LINE REVISIONS DWN BY: INT• DATE• PROJECT 4- 3 � 06 23 .06 LASL-060444-04 STEEL RODS WILL BE SET AT ALL INTERIOR CORNERS WITHIN 12 MONTHS PE D.E. - DRAINAGE EASEMENT 1• NTD 8/10/06 NTD 630 553-7560 4. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. L.E. - LANDSCAPE EASEMENT DSN BY' INT- HORIZ SCALE: SHEET N0. SHALL BE ASSUMED BY SCALING. GEORGE E.-KECK, E.L - PROJECT ENGINEER R.C.M.E. - ROAD CONSTRUCTION & MAINTENANCE EASEMENT - 1"=60' 5. NO DIMENSIONS (630) 553 7560 R.O.W. - RIGHT OF WAY /.T. - PROJECT MANAGER SURVEYOR /ll T.C.E. - TEMPORARY CONSTRUCTION EASEMENT 4. CHK BY' INT: VERT SCALE: 1 of 6. ALL AREAS SHOWN HEREON ARE MORE OR LESS TO THE NEAREST SQUARE FOOT. NATHAN T. DOZIER, E. S. U.E. UTILITY EASEMENTCLD - Z BEARINGS ARE BASED ON LOCAL COORDINATE SYSTEM. (630) 553-7560 S W.M. - STORM WATER MANAGEMENT 5, 8. SEE COVENANTS AND RESTRICTIONS FOR EASEMENT PROVISIONS NOT SHOWN HEREON. f C Poo I-0 " J COUnited City of Yorkville Memo 800 Game Farm Road AllYorkville, Illinois 60560 Telephone: 630-553-8545 \, Fax: 630-553-3436 Date: August 17, 2006 To: Lynsey Kawski From: Laura Haake CC: Travis Miller, Joe Wywrot, Anna Kurtzman, Dave Mogle Subject: Prairie Pointe Final Landscape Plan Review I have reviewed the final landscape plan dated June 23, 2006 by SEC Engineering Consultants and have prepared the following comments: Overall Landscape Plan 1) Label adjacent zoning on plan. 2) Reduce the quantity of Quercus bicolor, currently the species totals over 36%of the total shade trees onsite. Reduce the quantity of Amelanchier canadensis, currently the species totals over 52%of the ornamental trees onsite. The ordinance requires no species be greater than 33% of the tree total of the same species. 3) Under Section 02800—Landscape Planting change 1.02 C remove "for a minimum of two years."The landscape ordinance requires that all plant material be grown in nurseries from the Central or Northern Illinois region. 4) Please label the structure on the north end of the parking lot. Interior Drive Landscaping 5) One of the corner intersections has a street light within 20' of the tree. Please adjust accordingly. Parking Lot Landscaping 6) Several parking lot islands include trees and lights.Remove the trees that are within 20' of the overhead lights. 7) One lot island has a tree placed directly on top of a manhole. Please correct this issue. 8) The limits of work shown conflict with the planting plan. If the construction limits restrict the planting design quantities to be planted, do not account for plant material in the total. UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville,IL 60560 630/553-4350 PC # APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL IISE REQUEST Development Name: : r �. AF :'_Date of Submission: 11 t) Requesting: H Annexation []Zoning U Planned Unit Development Special Use: `t�'rr; =K; 1. Name of Petitioner(s): ;'1+` kt'",CA + Address: Phone Number: r 'r' �; r Fax Number: ;�c,�;��,�:� -�, Relationship of Petitioner(s)to subject property: D Owner [] DeveloperContract Purchaser 2. Name of holder of legal title. if different from 41: If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 1� j 3. a). (i). Street address and physical location of subject property: ( 4, 11 C @.�ti�e� ciAkyl e i \C.1 � CEh� v p �� ) > (ii). Zoning of surrounding parcels: North: South: East: West: b). Legal description of property; attach as Exhibit"A". c). Total- age: � Page 1 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 2/25/04 3. (con't): d). Kendall County Parcel Number(s) of property for which PUD is sought: e). Current Zoning Classification: I))12) f). Zoning Classification Requested: (�}fig r;t6, , \J Q g). Is this property within City limits? Yes No, requesting annexation 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable Cit; ordinance or State Statute: Attach a separate list and label as Exhibit"B". 5. List all governmental entities or agencies required to receive notice under Illinois law: 6. List the Illinois Business Tax Number (IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: is 7. Does a flood plain exist on the subject property? 8. Do Electors reside on the subject property? j`w If so, they must execute this petition to annex. (EIectors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address, phone number and fax number of person to whom inolt&its regarding this petition may be directed: Attorney: Name: i t ry r' r Address: c L+ ) , �`11-l`' C { oct_ Phone Number: IC -�-I I Fax Number: Engineer: Name: I A Address: Phone Number: Fax Number: nCamra It_ cam- � c e Land Planner. ame: cfm-tit, cTp tic/ f LLC Address: V C'-C -e 5-0 tb K. l3r c &L Phone Number: -7 Fax Number: 630 -- /1/% - /DO L f i S- , ActeYL* Page 2 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 2/25/04 10. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to"Petitioner Route, Step I, Fees"and/or contact the Deputy Clerk for verification of this amount). c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10"x 13" envelope In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: "77 Petitioner(s) Signature: (All legal property owners signatures must appear on this application.) f Subscribed and sworn to before me this day of `` /`/ . 100 . Notary Seal THIS APPLICATION MUST RE NOTARIZED. SUSAN A.BILL NOTARY PUBLIC STATE OF ILLINOIS MY COMMISSION ISSION WIRES AUG.27,2008 Page 3 of 5 United City of Yorkville Annexation.PUD,Zoning,Special Use Application Revised: 2/25/04 ANNEXATION,PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees* and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S.Army Corps of Engineers, etc.,to allow timely review by City. *Fees: a. Annexation or Annexation and Rezoning -$250 plus $10 per acre for each acre over 5 acres b. Rezoning only - $200 plus $10 per acre for each acre over 5 acres c. Special Use- $250 plus $10 per acre for each acre over 5 acres d. Engineering Review Fees- 1.25% of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee - $500 f. Engineering Review Deposit- up to 1 acre= $1,000; over 1 acre but not over 10= $2,500 over 10 acres, but not over 40= $5,000 over 40 acres, but not over 100=$10,000 over 100 acres= $20,000 g. Deposit for Outside Consultants- under 2 acres= $1,000 2 to 10 acres= $2,500 over 10 acres= 55.000 Note: Owner/Developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing and outside consultant costs(i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plata at each of the meetings below as indicated. Step 2: Plan Council: The Planning Council meets the 2nd and 4th Thursday of the month at 9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, City Land Planner, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director, Executive Director of Parks and Recreation,Fire Department Rep, and Police Chief. Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in residential developments. The Park Board Planning Meeting is the fourth Monday of each month at 7:00 p.m. at the Riverfront Building, 301 E.Hydraulic Street. Page 4 of 5 United City of Yorkville Anneaation,PUD,Zoning,Special Use Application Revised: 2/25/04 Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Step 5: Economic Development Committee: The Economic Development Committee meets the third Thursday of each month at 7:00 p.m. in the City Hall Conference Room. All projects (regardless of a positive or negative EDC recommendation) proceed to the Committee of the Whole for discussion. The Economic Development Committee consists of three (plus one alternate) City Council members. Step 6: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m, in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting_ takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. 9 Date: ; ignature of Petitioner Page 5 of 5 United City of Yorkville Annexation,PUD.Zoning,Special Use Application Revised: 2/25/04 NitL EDGE E MARK alpsmaH Commercial Ibal Ecl3'b LiAVM.c LLC July 17, 2006 DELIVERED VIA EMAIL: pat.smart@comcast.net Pat Smart 15 Amanda Lane Yorkville, IL 60560 RE: Fox Hill Centre- Yorkville, IL-Proposal To Lease for an Daycare Center. Dear Mrs. Smart: The following are the terms and conditions under which Landlord will consider to lease space in FOX HILL CENTRE: PREMISES: The demised premises shall consist of approximately 1,258 square feet of floor area located at space number "H" on the attached site plan. LANDLORD: GCM Properties LLC TENANT: Pat Smart and Spouse if applicable DOING BUSINESS Smart Start l AS: GUARANTOR: Pat Smart and Spouse if applicable USE: Tenant shall have the right to use the premises for a Daycare Center. TERM: Five (5) year primary term commencing Thirty (30) days after Landlord delivers space to the Tenant. OPTIONS: Tenant shall have one (1) five (5) year renewal option(s). Said option shall be exercised by giving one hundred eighty (180) days written notice to Landlord. SECURITY Subject to Landlord's approval of the financial credibility of the DEPOSIT: Tenant. Tenant will pre-pay one month's gross rent and the first month's net rent, concurrently with Tenant's execution of the lease. MINIMUM RENT: It is understood and agreed that rent shall be charged on the basis of total store GLA in accordance with the following schedule: Original Term Per Square Foot(NNN): Years 1 $20.00 SF Years 2-5 3% annual increases Option Term Per Square Foot (NNN): Years 6 - 10 3%annual increases ADDITIONAL Tenant shall pay its prorata share of real estate taxes, CAM, CHARGES: and insurance through a monthly escrow based on estimates. Taxes, CAM and insurance are estimated at $3.50 per square foot. Additional charges commence Thirty (30) days after Landlord delivery of space to Tenant. RENT Minimum Rent and Additional Charges shall commence to be COMMENCMENT: paid Thirty (30) days after turnover of space to Tenant by Landlord, or upon opening for business, whichever occurs first. UTILITIES: Tenant's demised premises shall be separately metered and the Tenant shall be responsible for paying its own utilities directly to service provider, or if utilities not separately metered, Tenant to pay its prorata share of such utilities. SPACE DELIVERY: Landlord to deliver the Premises in as a Vanilla Box per the attached specifications. All heating, electric, plumbing will be delivered in working order. SIGNAGE: Tenant, at Tenant's expense, shall install signage on the facade area, contingent upon Landlord's review as well as the City of Yorkville. Signage will also be available on the monument sign in front of the center at Tenant's expense. TENANTS WORK: Tenant is responsible for construction, wall and floor covering, and any additional improvements needed to open for business. Tenant is to diligently pursue all necessary permits and to begin construction upon receipt of appropriate permits. ^F Y' CONTINUOUS Tenant must open fully staffed, fixtured and stocked and must OCCUPANCY: continuously operate within the premises. PERSONAL A personal financial statement for all lease signers and a credit FINANCIAL: check is required before a lease will be drafted. LEASE FORMS: Landlord's lease form will be used. BROKERS: Edgemark Commercial Real Estate Services LLC represents and is agent for the Landlord and recognizes no other agent as a party to this transaction. The business terms presented herein shall remain unchanged for 14 days subject only to the availability of the subject space. After 14 days, we reserve the right to change these terms. Please acknowledge and accept the above referenced terms and conditions by executing both copies of this letter and returning the original to me. This lease proposal is expressly conditioned upon and subject to Landlord and Tenant entering into a mutually satisfactory Lease Agreement, and is not binding upon either party in any way. Unless and until such Lease is entered into, neither party shall be under any obligation to the other, irrespective of this letter and irrespective of any negotiation, agreement or understanding heretofore or hereafter existing by or between the parties. Sincerely, Edgemark Commercial Real Estate Services LLC Les Kristof As Agent for GCM Properties LLC Agreed to and accepted this /7l day of ��r , 2006 1'hNANT: �' By: / r.t �� ',/1, i.> Pat Smart CC: T. Fraser ..„,,,,,,,t,---,,,,,, . , 2 - ,-' ,•::"'.:,:,:.,'„,,„::'!,, ,,,"4'„,4;,,,,,::,,„, '-'' ' '„. "''',.':.•:".,',:),','„,:,';44 ,';')•!,'„''. ...,„, 1 ',i','::( '''t','; '''' .7 '‘,1 '''.',1 ''''. ''.,:r1 1"'', ',.'{' 11. _ . r 1) kJ i Ikii. i-L, Al'1,. 1%, ;,!,1 ',D ,, ,, 1 a ,? .,„.1 i?,, '',7-4.,, fz, , ,,, 1 .. . (A:, 0 ii..tAl..!)',',',L'Il. 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D 6.f 1 .10412D i �1 7 � , Y f I d� ,' , - a Ili rte 7 ______r__,---i f341:-9 #�� _ t ,,,,--1,0,,,, 4 s°. ,� » '? � Vwt •.-,..i,:,,"" s , f y�`r��k,il `""""� re,µ um^*^_ .�v Sc ,.:,,..h " 'gale-, �^ ,� , - u ° '�'X1'P h F T t. e (11t�`Itiict: Y V 3)4 �"� • Yt` `rY , d) r e a a„,., '._ , �¢ w �I ,tai _ h a .,,,;44,,,,,i,,,,,,,,,m a S(J[]FO'a�CC . .» 4 � � a L s Ku tot 1 a� w 4 a a ti30-572-5613 a i X30_571 5007 � m a t >t+ Y 6 v i ' �" ,�x�i ��11�;r��f:Y� ��a��r�ii L,LC'"1111 TFras�r Edgemar .LC.corn '4;114,1';',,, �`� .� xN�`r"ry I+ 5 "� I I t�i,..i f I , it la r � `� ra•!�'L�� y �1' a r e � R I it '04,11,',"5,14, { 9 1 I aI r,v �„,)'�kry4 <v F �, ,M '' t� I "�"'" ,,W ! pYt t,h 1 s �{, S�w"N Y;�l r r j y i j'� ,• �l' �Ji�v �f1I A Iiali9' ��[�, j�('�� ^ �} [i// 777 l',1`a �a1�'3yyi�j.B.' ` ,16"' ‘,"%,a a '- `` a y�� Y ,,,,',1,''� b I � Yrv'r ll. 1_.r t,.,�` _ 9\ d: I(�+ P7 S 3 } 1 ' ' kt i 1 4iJ 1 I �d "'s '� rs' UW � �1�2 G .2 e m I •#; a1,.�� GIN., , <, FOX HILL CENTRE-YORKVILLE, ILLINOIS SPACE SPECIFICATIONS 1500 S.F. 1200 S.F END UNITS UNITS UNITS ELECTRICAL 200 AMP service x x x 10 Wall receptacles x x x 12 2x4 florescent ceiling lights x x x Feed for tenant signage with timer x x x Individual communication piping x x x 2 emergency lights X x x 2 Emergency exit signs x x x HVAC 5 ton AC/Heating rooftop unit w/programmable thermostat X X .. -_- - - ' i�l •• • "if • •• .. -•.- -.__i X a air supplies 1 rcturn x x 6 air supplies 1 return X PLUMBING g ADA bathroom w/toilet, sink and exhaust fan x X x Service slop sink X X X Stubbing for tie in x X X 10 gallon electric water heater x x x GENERAL 5/8" taped drywall x X x 42" heavy duty service door x X x 2 x 4 Fisher standard ceiling tile x X x 1" insulated glass storefronts x X X 10' ceilings (adjustable) x X X 4 common exterior trash enclosures x x x ALLOWANCES Flooring NOTES Middle corner units easily divisible into two separate units rC0 L - LI ,.��° Cit United City of Yorkville `, County Seat of Kendall County 800 Game Farm Road EST.114 � .1836 Yorkville, Illinois, 60560 .� Telephone: 630-553-4350 0� i 0 Fax 630-553-7575 °"" ' „s., Website: www.yorkville.il.us August 17, 2006 To: Travis Miller From: Rebecca Housemannd Anna B. Kurtzman, AICP Subject: GCM Properties— Special Use for Pre-Kindergarten in Fox Hills Centre Staff has perfolliied a zoning analysis of the requested special use for a Pre-Kindergarten in the Fox Hills Centre on the southwest corner of Veteran's Parkway (Route 34) and Sycamore Drive. The subject property is zoned B-3, Service Business District. For zoning purposes, the pre- kindergarten is classified as a day care facility. Day Care facilities are an accepted "special use" in the B-3 district, as outlined in the zoning code. Yorkville historically addresses special uses as simply a use issue, with the site plan being addressed separately (some communities tie these two together). Staff has no recommendation regarding the proposed use, however, the following information is needed before staff can approve a site plan: 1. The required number of parking spaces is based on the number of employees working in the facility and an amount appropriate to serve the public, as determined by the zoning administrator. The total number of employees and the total number of parking spaces in the parking lot must be provided to determine compliance with the zoning code (10-11- 4G). 2. If the State of Illinois requires the provision of outdoor space for day care facilities, then the applicant must fence said space in compliance with the zoning code (10-3-2). The applicant should also be made aware that signs (whether permanent or temporary) are required to have a sign permit that is reviewed and approved by the City prior to the sign(s) being erected. (8-11-4C-3). Please let me know if you have any questions or require additional information. rsh/abk CC: William Dettmer,CBO Patricia Smart Lynsey Johnson Kawski A:\GCM Properties-Smart Start Special Use.doc t )TEI) CFI C1 (1)F YORK ILLE 800 (name Farm Road Yorkville, IF. 60560 630/553-4350 PC :i APPLICATION & PETITION FOR CONCEPT PLAN REVIEW AND COUNTY MILE AND ONE-HALF REVIEW I.TNDERI,YING TYPE OF REQUEST: Annexation&Zoning RczoninL, PUD Amendment 1 `2 Mile Review Development Name: Nelsa Date of Submission: 1 . Name of Petitioner(s): Glen Nelson and Pam Nelson Address: 11327 River Road Phone Number: 630-553-7593 Lay Number: 630-669-2512 Relationship of J-'etitione s) to subject property: k Owner V Developer j Contract Purchaser 2. Name of holder of lecal title, if different rrom dl : Nt A If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: N/A 3. a). Street address and physical location ofsubject property: 11327 River dad Plano , t 60545 h). Legal description of property; attach as Exhibit `A". c). Total Acrca«e: 11 .0323 Cl), Kendall County Parcel Number(s) of property for which Pt 0 is suueht 02-30-400-004, 02-31-201-008 , 02-31-201-004 - - c). Current tonin, C'lassilication: A-1 Agricultural District 1j. /( nirl<.� Sought: R-1 one Family Fstate Residence District ) j1). Is O w pmperl\ \wihin ( ltV es '�u_ rc3ue'sD is annexation 11 no i' C1Lv L:d_ N 111 ` hMM '(t. v'. ll ;',(wll oi,,:;;'' 4. Carlini lnformati011 N��m �lt�S� nhn1ip nlmh, r -1n(1 fit fnlrhr_r r,f n5' fl S vhntrl inquiries regarding this petition may he directed: It_t_carne- Daniel J Kramer 1107A S . Bridge St . , Yorkville , IL 60560 Phone : 630-553-9500 fax 630-553-5764 Attorne;�: Name: Law Offices of Daniel J. Kramer Address: 1-1n?p Bridge St . Yorkville , IL 60560 Phone Number: 630-553-9500 Fax Number: 630-553-5764 Engineer: Name: Address: Phone Number: Fax Number: hand Planner: Name:Phil lip D. Younaand Associates , Inc . Address: J-171 _ S. _Bridg_ Street Yorkville , IL 60560 Phone Number: 630-553-1580 T 630-553-1685 Fax Nrunber: 5. If 1-;z Mile Lounts Resie«_ what is county /; limp currcntly"A-1 Agricultural Distric t F`~`'`11-1es412'17"nin.": 5-1 One-Family Estate Residence District Zonisi of surrottudinn parcels: North:A-1 Agricultural District South: A-1 Agricultural District East: A-1 Agricultural District West: A-1 Agricultural District 6. Submit the follovy inn to the Deputy Clerk in order to he scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of Vour project. a. Orininal application with lecal description. b. 15 copies each of the application, proposed drawing. location map, site plan are needed to he scheduled for the staff res°ievA, meetine. c. Appropriate filing fee (Please refer to Pane 4 of this application -Petitioner Route. Step 1_ Fees.' andfor contact the I)chute Clerk for s erif ication of this amount). For the Plan Commission Meeting. an additional submittal is need as folio nrs: d. ('onccpt Plan: >> sets folded to fit in a I(i x 1 cm.elope copies of the application vv 1111 legal desel iptr,u1. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct. Date: L. t a2 Petitioner(s) Signature: e, u — — 9 6 Subscribed and sworn to before 'tne this ,.,rd day of h1F `,y iE" ------. 2OO d.. -----• ,• g ttOFf 4 - `tAL SEAL n r�• 1 f .f�il I`u A f Notary Seal _ COLLEEN HANSON - NOTARY MIK,. S' TE OF !LAOIS MY COMMiSSK) l f "RES. 10/20/2007 THIS APPLICATION MUST BE NOTARIZED. Paas S 1 Wiled C iti ref 1 urkrillc C oncepl 1-1'2 He}Zev ievv 1pplic�31i,'n 5e).iced: 2 25 55 CONCEPT PIAN and COUNTY MILE ANI) ONE-IIALF REVIEW PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees" and concept plan as described by the United Cite of Yorkville Subdivision Ordinance meeting the checklist of items to be included in a concept plan (see checklist attached). *Fees for all concept plans exluding 1 1/4 Mile Review are as follows: Engineering Fees of$500 are due upon submittal of the concept plane with the balance due when the proposed preliminary plan is submitted. Fees for 1 H Mile Review: 250 For Concept Plan Review: /rote: You must present your plan at each of the meetings below as indicated. Step Within two weeks of an accepted application_ a staff meeting i(`ity .Administrmor. Land Planner. i_)el,utc Clerk) will be held to review plan. Step ;: Developments with a residential component must present their plan to the Park Board at their Park Planning Meeting, which is the 4th Monday of each month at 7:00 p.m. at the Riverfront Building, 301 F. Hydraulic Street. Step 4: Petitioner then presents their plan at the scheduled Plan (loin-mission meeting. which will involve an inInro d public comment session after the presentation. Plan Commission Meetings arc held the 2°'1 Wednesday of each month at 7:00 p.m. in the City Council Chambers. 800 Game Faun Road, Step S: Petitioner then presents their plan to the Committee of the Whole (`lav or and all Aldermen). t he ('otnmittce H the \\ hole meets the first and third 1uesdav s of the month at 7:00 p.m. in the Col rcreilce Hain at (_ itv i lad I he project y. ill he d?eciossed in nil inlorllial atmosphere \\hen: no Canal ooft: t;ik s (duce. To begin the next step in the development process, yore will be required to submit an additional application specific to Vour request, For County Mile and One-Half Review: Aote: You must present your plan at earl, of the meetings below as bulimted Step 2: Plan Council: The Planning Council meets the 2m and 4"' ThursdaN of the month at 9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, City Land Planner, Sanitary District Director. Cite Engineer. Building Department Official_ Emergency Medical Rep, Public Works Director. Executive Director of Parks and Recreation, Fire Department Rep. and Police Chief. Step 3: Park Board Planning yleeting: The Park Board makes recommendations on any Park Sites included in residential developments. The Park Board Planning Meeting is the fourth Monday of each month at 7:00 p.m. at the Riverfront Building, 301 E. Hydraulic Street. Step 4: Plan Commission: 'Ihe Plan Commission meets the second Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the '`Mayor_ the City Attorney and City Land Planner. Step Economic Development Committee: -1he Economic Development Committee meets the third Ihursda} of each month at 7:00 p.m. in the Cite IIall Conference Room. Ali projects (regardless of a positive or negative [D(' recommendation) proceed to the Committee of the Whole for discussion. 1 he Economic Development Committee consists of three plus one alternate) City Council members. Step 6: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the second and fourth 'Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. 'h his is where all City Council voting takes place. UNITED CITY OF YORKVILLE CONCEPT PLAN APPLICATION CHECKLIST This checklist is in accordance with our Subdivision Ordinance & Standard Specifications No. 2000-02. adopted 3-9-00. Copies as available upon request. Section 6.00 — REQUIRED INFORMATION TO BE SHOWN ON SUBDIVISION PLANS AND PLATS: 6.01 .01 CONCEPT PLAN The Concept Plan may be done free hand, but shall be done with reasonable accuracy and clarity. The scale of the drawing should be U = 100 , unless clarity or size of drawing, dictates otherwise. 'Hie following information shall be shown: 1. Name & Address of the owner or subdivider. 2. North across and scale. 3. pi )xmate dinien-Jims and ',ffeLl of parcel. 4. 1 opocraphy not greater than 10 foot contour intervals such as can be obtained from t -SOS maps. 5. Proposed layout of streets, lots. parks. and non-residential areas, including storm \\titer control. 6. Number of dwellin units and gross density. 7. Minimum and average lot sizes. 8. Gross area. 9. For multiple-family. commercial and industrial areas, show potential (inay be an exhibit): a. location of buildings. b. approximate dimensions and area of site. c. buffer zones (identify and label). 6.01 .02 Existing Conditions: Presence of any of the follov\.ing shall be shown on the sketch plan or an additional sheet: I. Streams, marshes. bodies of\\flier. wooded areas. wetland. and other significant natural features. 2. location and direction of all water courses. drainage vf.ays. anti areas subject hi Ek toding 3. Location off existing storm drains, inlets and outfalls. 4. Existing buildings. 5. 1-xisting utilities and utilities proposed Iffi cxtension. (f) 1 \isfing streets. 6.01 () 1.0c:,--ition NIT: A small scaJe trap or 'sketch 01 the rrril aren sho\vin(i. 1110 reiationc-hip ;11, proposed -ttbairision indicated thereon. - -_-• _ _ • .. • • , . ,'_ _, -_, '_-_, , - ,.r , -= , 1 _- ',' _ ".": , - ,"-c. , , ; ' -_- - "--. . _ <- , _ :- < . "-,"'=- - c•-. . i ' - < -' - _ _ ,- _ _ ,= _ : , ' - _. -- - .- =. . < i •-_,_ --., ' ' . <- . . " , , , Pc ,,,mu- .Q -e ,. s.0 c,ry United City of Yorkville .. --„ County Seat of Kendall County 800 Game Farm Road Aki 1836 Yorkville, Illinois, 60560 .4 � Telephone: 630-553-4350 951 II` Fax 630-553-7575 '""`"'" � Website: www.yorkville.il.us August 15, 2006 To: Travis Miller From: Rebecca Housem and Anna B. Kurtzman, AICP Subject: 1 'Y2 Mile Review of the Nelson Property Zoning staff has reviewed the application and request to annex and rezone 11.0323 acres located in Kendall County from A-1 Agricultural District to R-1 One Family Residence District. Staff has no comment on the annexation and rezoning of the subject property until a concept plan or preliminary plan is submitted. Please let me know if you have any questions or require further information. rsh/abk CC: William Dettmer, CBO Glen Nelson and Pam Nelson Lynsey Johnson Kawski S:\Rebecca\Yorkville\Residential Plan Review\Nelson Rezoning doe UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 630/553-4350 PC # APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name: Yorkville Partners, LLCDate of Submission: 08/al/.06 Requesting: [] Annexation [YI Zoning [] Planned Unit Development [] Special Use: Rezoning from M-1 Limited Manufacturing District to B-3 Service Business District. 1. Name of Petitioner(s): Yorkville Partners, LLC. Address: 329 Center Street Phone Number: 630-988-3802 Fax Number: Relationship of Petitioner(s) to subject property: [] Owner tq Developer [] Contract Purchaser 2. Name of holder of legal title, if different from#1: Nineteen, Fifty-Nine, LLC, An Illinois Limited Liability Company. If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). (i). Street address and physical location of subject property: Southeast corner of Illinois Route 47 & Beaver Street (ii). Zoning of surrounding parcels: North: Yorkville R-3 South: Yorkville M-1 East: Yorkville M-1 West: Yorkville B-3 b). Legal description of property; attach as Exhibit"A". c). Total Acreage: 2.33 Page 1 of 5 United City of Yorkville A nexation,PUD,Zoning,Special Use Application Revised: 2/25/04 3. (con't): d). Kendall County Parcel Number(s) of property for which PUD is sought: 05-05-229-010 e). Current Zoning Classification: M-1 Limited Manufacturing District f). Zoning Classification Requested: B-3 Service Business District g). Is this property within City limits? X Yes No, requesting annexation 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit"B". 5. List all governmental entities or agencies required to receive notice under Illinois law: None 6. List the Illinois Business Tax Number(IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: None 7. Does a flood plain exist on the subject property? None 8. Do Electors reside on the subject property? None If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address,phone number and fax number of person to whom inquiries regarding this petition may be directed: Attorney: Name: John'. F. Philipchuck Address: 123 Water Street, Naperville, IL 60540 Phone Number: 630-355-5800 Fax Number: 630-355-5976 Engineer: Name: Smith Engineering Consultants & Surveyors Address: 759 John Street, Yorkville, IL 60560 Phone Number: 630-553-7560 Fax Number: 630-553-7646 Land Planner: Name: Address: Phone Number: Fax Number: Page 2 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 2/25/04 10. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route, Step 1,Fees"and/or contact the Deputy Clerk for verification of this amount). c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10"x 13" envelope In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: 7i* Petitioner(s) Signature: (All legal property owners signatures must.ppear o. this application.) f \ Subscribed and sworn to before me this 7 day of 200 . • LYN L.WOZNIAK rX4 OFFICIAL SEAL I I ""'!` Notary Public,State of Illinois r" ( `� �' '',/ mission Expires t' � July 09,2009 THIS APPLICATION MUST BE NOTARIZED. Page 3 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 2/25/04 10. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to"Petitioner Route, Step 1, Fees" and/or contact the Deputy Clerk for verification of this amount). c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10"x 13" envelope In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: hJ U T i 1 6cO6 Petitioner(s) Signature: (All legal property owners signatures must appear on this application.) Subscribed and sworn to before me this day of Vr 1 , 200 1 . OFFICIAL SEAL ANNA M VOIGHTMAN `72. . 1/-4-51/errzt-i--1 NOTARY PUSLIC-STATE OF ILLINOIS Not y SlYSIONmISSON EAVES:1212M THIS APPLICATION MUST BE NOTARIZED. Page 3 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 2/25/04 ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees* and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County,Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc.,to allow timely review by City. *Fees: a. Annexation or Annexation and Rezoning- $250 plus $10 per acre for each acre over 5 acres b. Rezoning only - $200 plus $10 per acre for each acre over 5 acres c. Special Use - $250 plus $10 per acre for each acre over 5 acres d. Engineering Review Fees - 1.25%of the approved engineer's estimate of cost of all land improvements,to be determined by City Engineer. e. Planned Unit Development fee - $500 f. Engineering Review Deposit-up to 1 acre =$1,000; over 1 acre but not over 10 = $2,500 over 10 acres, but not over 40=$5,000 over 40 acres,but not over 100=$10,000 over 100 acres= $20,000 g. Deposit for Outside Consultants -under 2 acres = $1,000 2 to 10 acres= $2,500 over 10 acres =$5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs, public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: PIan Council: The Planning Council meets the 2nd and 4th Thursday of the month at 9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council,you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, City Land Planner, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep, Public Works Director, Executive Director of Parks and Recreation, Fire Department Rep, and Police Chief. Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in residential developments. The Park Board Planning Meeting is the fourth Monday of each month at 7:00 p.m. at the Riverfront Building, 301 E. Hydraulic Street, Page 4 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 2/25/04 Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The PIan Commission consists of 10 members appointed by the Mayor,the City Attorney and City Land Planner. A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Step 5: Economic Development Committee: The Economic Development Committee meets the third Thursday of each month at 7:00 p.m. in the City Hall Conference Room. All projects (regardless of a positive or negative EDC recommendation)proceed to the Committee of the Whole for discussion. The Economic Development Committee consists of three (plus one alternate) City Council members. Step 6: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville,Il . ois 60.. 0. Date: I /66 Signature of Petitioner Page 5 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 2/25/04 EXHIBIT A LOT 1 (EXCEPT THE EASTERLY 30.00 FEET THEREOF) IN BLOCK 2, IN FOX INDUSTRIAL PARK UNIT 1 , IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AND THAT PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID LOT 1 IN BLOCK 2 IN FOX INDUSTRIAL PARK UNIT 1; THENCE SOUTH 88 DEGREES 57 MINUTES 15 SEONDS WEST, ALONG THE NORTH LINE OF SAID LOT 1 , 30.00 FEET FOR THE POINT OF BEGINNING, THENCE SOUTH 01 DEGREES 01 MINUTES 17 SECONDS EAST, PARALLEL WITH THE WESTERLY LINE OF LOTS 3 AND 4 OF SAID FOX INDUSTRIAL PARK UNIT 1 , 160.39 FEET; THENCE SOUTH 88 DEGREES 28 MINUTES 01 SECONDS WEST 380.32 FEET TO THE PRESENT EASTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE NO. 47 THENCE NORTH 01 DEGREES 01 MINUTES 05 SECONDS WEST, ALONG SAID PRESENT EASTERLY RIGHT OF WAY LINE 163.63 FEET TO THE SOUTHERLY LINE EXTENDED WESTERLY OF LOT 1 IN BLOCK 2 OF SAID FOX INDUSTRIAL PARK UNIT 1 ; THENCE NORTH 88 DEGREES 57 MINUTES 15 SECONDS EAST, ALONG SAID SOUTHERLY LINE AND SAID EXTENSION, 380.30 FEET TO THE POINT OF BEGINNING, IN THE CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. r �` ,o C/r a United City of Yorkville .. , 9� County Seat of Kendall County 431 NEB 800 Game Farm Road EST. -_ 1836 Yorkville, Illinois, 60560 .� �� Telephone: 630-553-4350 '4 Fax 630-553-7575 9+iv ......"'"y�� Website: www.yorkville.il.us <CE 11' August 15, 2006 To: Travis Miller Ok Ali From: Anna B. Kurtzman, AICP and Rebecca Housem. av Subject: Beaver Street/Route 47 Rezoning (PC 2006-65) After reviewing the application for a proposed rezoning of the corner of Beaver Street and Route 47 from M-1 Limited Manufacturing District to B-3 Service Business District, zoning staff approves the application from the zoning standpoint. Staff found that the 2.33-acre property meets the minimum area requirements for the B-3 zoning district (10,000 square feet). There are no buildings currently on the subject property. Please let me know if you have any questions or require additional information. rsh/abk CC: William Dettmer, CBO Lynsey Johnson Kawski S:\RebeccalYorkville\Commercial Plan Review\Rezoning 47&Beaver.doc .c*,D c/7). United City of Yorkville Memo 800 Game Farm Road 11113*,,, 0 1102 EST. 1. �- 18�s Yorkville, Illinois 60560 ,< Telephone: 630-553-8545 09 IN p� Fax: 630-553-3436 <CE 1•'*• Date: August 18, 2006 To: Plan Council From: Travis Miller, Community Development Director Cc: Lynsey Johnson(for distribution to Petitioner) Subject: PC2006-61 GCM Properties Special Use Request Staff Comments The City Zoning Ordinance requires that no special use shall be recommended by the Plan Commission unless said Commission shall find that: 1. The establishment, maintenance or operation of the special use will not be unreasonably detrimental to or endanger the public health, safety, morals, comfort or general welfare. 2. The special use will not be injurious to the use and enjoyment of other property in the immediate vicinity for the purpose already permitted, nor substantially diminish and impair property values within the neighborhood. 3. The establishment of the special use will not impede the normal and orderly development and improvement of surrounding property for uses permitted in the district. Staff recommends the petitioner provide the following information in order to determine this finding: 1. The planned hours of operation of the use 2. The estimated traffic generated by the use and peak times of generation 4. Adequate utilities, access roads, drainage or other necessary facilities have been or are being provided. 5. Adequate measures have been or will be taken to provide ingress or egress so designed as to minimize traffic congestion in the public streets. 6. The special use shall in all other respects conform to the applicable regulations of the district in which it is located, except as such regulations may in each instance be modified by the City Council pursuant to the recommendations of the Plan Commission. (Ord. 1973-56A, 3-28-74) COMP.FILE:060455-4L IA-071I06.dw9 PLOT F14Gi STANDARD NEW: 445 ALTA SMITH ENGINEERING CONSULTANT , INC. ALTA / A S cM �CNIL�STRU c4=MI.ENGINEERS AND SURVEYO1iS �•7 'tel SUR 6a+olm�ois aoseo '►"� TITLE f'1 1� YORKVrW.A x0001 L A N-D I L lJ PN:e90-559-7580 r.: yL°Tec+•m1tAeNec •11c1 AV cam osomr .YORKVAOA .ma.uoxxxxv IB4-000108 ILLINOIS PROFESSIONAL DESIGN FIRM 'OS�STr • .----------IL'4271rz'I'" ------ .4.--(' /.,172 TO SCALE 15"CLAY 30"CMP A BACK OF CURB INV. = 663.00 SANITARY SEWER MH1 RIM= 66747 SANITARY SEWER MH INV. = 653.97 7 __ RIM 671.69 If CLAY / -- INV. = 655.64 \ �\\\ / - _ �_ _ �- a BEAVER ST - FOUND I"OPEN STEEL PIPE > -- - - , �;________./,.„---, 29.97' E. ON LINE _ / _ rrr '''''.......-a'_ • I "_ I &A91U.5=25-_` 09 6 1 _- - _ ARC 39 24 88 59'01"W SET CROSS /. 1 9 6F'. a 9a,__ .7 ^ I IN CONC. 7 670 L`2 -_..r; 1.9'1 1 AT CORNER O_`../ • 11 CMP 1 I ( = 66 55 -a D 1"OPEN STEEL PIPE/ EDGE,OF-RAVEMNT� AT ^\\ y • I i '1 1,,,,730.I. P /A�CORNER� -4*1 1 L_ •.I`:N663.66q 57D� E> mal' L. �. FOUND P�N STEEL PIPE yj2. LOT I . m 1 11 �L' I/ .E. F CORNER j. n° 0.23' I 5 UTILITY EASEMEN I 'i'VALV VAULT m� (EXCEPTED 30,I '" 667.73 1 Cep I R 2.18 gsx I/ 10'UTILITY EASEMENT 5"W FOUND 1"D EN STEEL E I 1 ,\ IYY I 6�. I F30.00'OUND E. 0 LINE �.i �?� 6968 to. (PREVIOUSLY VACATED PER 588'5 I I ' \ . '.4 I ,E'ALV VAULT / DODO 200006309) I,� I rid IM 667.80 / m •Y1�5T15"W ='\ - .�"- L) ;\ f 1 662.25 o I !t\ I T/P L - - - - 20.25 z 11 ,cl -N 60.x.411 �- 6 ---;-.I --/-659 5'15"W P.D.B. Il li m I a I'' 5 5/5"STEEL REBAR 380'0' \) II I z �� Ilikil 4P ;-^i AT CORNER dPr (PII E I W I I• \'I �.� AT RNP �_: A \ I II I ( , ',1,i/ 33 ACRES OF LANDZ .� ct A l/ PARCEL CONTAINS S; PREMISES y , �� I O[ I •i I I I 1. NO NO BUILDING ^ (� I I I I�, I •:u,a, I 1 1 I�• e 1 ��o 10'EASEMENT FOR 11� 0-�- Gr.0 I \I."' 30'PERMANENT INGRESS ECI�ESS PER AlII SANITARY EASEMENT DOCUMENT N0. I FOUND 1"OPEN STEEL PIP Iq! I Jrll I PER DOC. N0. 09300013182 ; I 1 J0.02'E. OF LINE .;v:)_. 126.0' I I,; I .� 200300013181 ��.,._., __v72- /2fb'LI I • _ iCOR 6 6. l , IN CONCCROSS n u 1 '-'•-\>,, T ,.,_ .--588'2WWW 670 - - AT 671 86 \�•� �. - n.-I K ER 12.INV CMP 7,2 II :\W\141 I ll• I � r \\ C¢ �_ I .,. .�_�-_ - 7 II _ w • 1 MP _... u t _. � I� I t �'ESET:ENT 1 t \ 1" � �I PEN-sTE•E \ II II r- IP s.;h.. . J III • Ji', I ` I I If CMP I INV = 671.34 FES ^� I ill II ��.. NV. = 66237 I I EASTERLY R.O.W LINE 0.15'E. `I I OF ILLINOIS ROUTE 47 I @) II I -.in DGE OF AVEMENT v z O t._ U Z G I II • II I O O� R >C W I I I11 •. �� O 1 11 4 II 1 • LI � I i • \ ;I I Ill I 1 It III - I 111 I v I �„IAB ITEMS: TITLE INSURANCE COMPANY POLICY ORDER NUMBER 1410ICAG UMBE 1410ICAG O NW6100697 UA DATED 5/16/06. ITEM 1-9: NOT PLOTTABLE. WITH THE E SEMEN?VA PLOT T A9LEMA7ION NO EEO EON, NOTE: RLY ITEM 11: V A ASON BLE. ARK KEEET THEREOF)COUNTY, ILLINOIS, THAT PART OF THE EAST UNIT 1, LOT 1 (EXCEPT THE EASYORKVILLE,0 FEET IN BLOCK 2 INS NGE X INDUSTRIAL T OPTHE ITEM 12. LAND TAKEN FOR ROAD PURPOSES SHOWN HEREON. IN THE UNITED CITY OF TOWNSHIP 3N IS, ANDN, HALF GAS MAIN AND WATERMAIN LOCATIONS ARE APPROXIMATE. LOCATIONS TAKEN TO PAINT OF THE NORTHEAST QUARTER OF SECRON 5, ITEM 131 DOCUMENT REFERRED TO DOES NOT APPEAR TO AFFECT MARKS ON PAVEMENT. THENCE()NAT THE FOR THE POINT?OF BEGINNING; SUBJECT PROPERTY. PRINCIPAL 1 INLBLOCDI2NINOFOX INDUSTRIAL UNITE; NG AT THE SOUTHEAST CORNER OF S AREAS OF SECONDS WEST, ALONG THE SOUTH LINE 17OF SAID LOT I, PARALLEL WITH THE ESOUETH 88 DEGREESSTERLY LINE OF PARCEL LIES WITHIN3 "ZONE C- 160.39.0FEED, ITEM 14: DOCUMENT REFERRED TO DOES NOT APPEAR TO AFFECT • MINIMAL FLOODING"PER F.I.R.M. COMMUNITY THENCE8 MISOUTH 01 DEGREES S MINUTES FEET SECONDS EAST, ALONG SAID SUBJECT4, PROPERTY. PANEL NO. 170347 0002 B, EFFECTIVE DATE OF LOTS 3 AND 4 OF SAID FOX INDUSTRIAL PARK UNIT 1, I. LOCATION LIES WITHIN THE DEDICATED PORTION OF 28 MINUTES 01 SECONDS WEST, 380.32 TO THE PRESENT EASTERLY RIGHT OF WAY LINE ITEM JUNE I, 1982. 163.63L FEETRUNITTO THE.SOUTHERLY LINE EXTENDED WESTERLY ILLINOIS ROUTE NO.N47 ILLINOIS ROUTE NO. 47; THENCE NORTH O1 DEGREES 01 MINUTES 05 SECONDS WEST, THENCE NORTH 88 DEGREES 57 PRESENT EASTERLY RIGHT OF WAY LINE, ITEM IS: NOT PLOABLE Y,1-� LS-I OF LOT 1 IN BLOCK 2 OF SAID FOX INDUSTRIAL PARK 1; EXCEPTION 17: APPROXIMATE LOCATION SHOWN HEREON,HOWEVER, l7t-/`r MINUTES 15 SECOOINT OF NDS EAST,IALONG SAID SOUTHERLY LINE, AND SAID EXTENSION, 350.30 FEET TOTHE EASEMENT DESCRIPTION WAS NOT FOUND WITHIN THE E)___151.-G7142 33PACRE MORE ORI BEGINNING, IN THE CITY OF YORKVILLE. KENDALL COUNTY, ILLINOIS, AND CONTAINING RECORDED DOCUMENT N0.2030001T182 �° which it Is based were made in ITEM 18: LOCATION SHOWN HEREON SANITARY MANHOLE o or plat and the survey ona, 7A, 8, 10 CATCH BASIN ® This is n with shot tins mop ALTA nd HOPS and VALVE VAULT y ALTA and NSPS In 2005, and Includes Ite syi 2, 3 accordance with the "Minimum Standard Detail Requirements for ALTA/AGSM Lond Title Surveys,p' jointly esof Table and adopted by Aprofessional this FIRE HYDRANT undersigned further certifies that in my and 11A of Table A thereof Pursuant to the Accuracy Standards as a oP y of LIGHT POLE --a ino nion, sn the dote cs tris gisteredtion, opinion, os a land surveyor registered in the State of Illinois, the Relative Positional Accuroc REGULATORY SIGN survey does not exceed that which is specified therein. UTILITY POLE Illinois July i 2006. GRAPHIC SCALE ❑ ❑rr❑� m a w ces ce le Dated at Yorkville. UTILITY BOX SANITARY SEWER ��- STORM SEWER --)..--- WA Illinois Professional Lond Surveyor No. 3359 IID FENT) WATER MAIN - License Expires 11/30/2006 1 Inca= 40 ft. ALTA/AGSM LAND TITLE SURVEY NOTE: uiOnly those Building or Line asemwntlheeeon or Eaents tha shown on ROUTE 47 AND BEAVER STREET a Recorded Subdivision Plot aren unlessdescription of description ordered to be surveyed contains proper YORKVILLE, KENDALL COUNT the required building lines or eownership. actin ///�� ILLINOIS •No distance should be assumed ave been 9ocaled unless shown F 5 +No underground improvements pRDJECT NO. and noted. DATE. 060445 •No representation as to ownership•use.or possession should be ARKSr 1 REVISIONS DRAWN BY. 6/16 06 hereon Survey endaPlot of Survey ore void without original embossed I.I.E Bs ,1 NTD SHEET N0. +This Sury ysignature foxed. N =DESIGNED BY: HORIZ.SCALE: red colored seal and suras completed er 6/13/06. TOP OF HYDRANT AT SOUTHwEST CORNER OF BEAVER STREET AND BADGER STREET. - FATE: •r Field wok for this survey current Illinois minimum +This professional service conforms to the cu ELEVATION 670.88(UNITED CITY OF YDRKVILLE DATUM) = CHECKED BY: VERT.SCALE: atandords for a boundary survey and was performed for. s co ATromosheaPartnere machin with this plat and ELEVARONMH RIM IN CL OF 6 .69(UNITED CITYOF YORKVILLENDATUM)UBJEC7 PROPERTY ®_- e ComDore your de�aipdiscrepa�ation ond cs which you may find.AT ONCE repot Y • UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville,IL 60560 630/553-4350 PC # APPLICATION & PETITION ANNEXATION, PLANNED UNIT DEVELOPMENT, ZONING OR SPECIAL USE REQUEST Development Name: The Townes at Windett Date of Submission: 7-17-06 Reserve Requesting: ['Annexation j Zoning jj Planned Unit Development [] Special Use: 1. Name of Petitioner(s): Wiseman-Hughes Enteprises, Inc. Address: 975 E. 22nd Street Phone Number: 630-653-0500 Fax Number: 630-653-0194 Relationship of Petitioner(s) to subject property: D]Owner lc] Developer [] Contract Purchaser 2. Name of holder of legal title, if different from#1: If legal title is held in a Land Trust, list the names of all holders of any beneficial interest therein: 3. a). (i). Street address and physical location of subject property: East of Route 47, Adjacent to and South of the Windett Ring- Subdivision (ii). Zoning of surrounding parcels: North: City of Yorkville R-2, PUD,B-2 South: Kendall County A-1 - SU & A-1 East: Kendall County A-1 & A-1 (SU) West: Kendall County A-1 & b). Legal description of property; attach as Exhibit"A". c). Total Acreage: 91.80 Page 1 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 2/25/04 3. (con't): d). Kendall County Parcel Number(s) of property for which PUD is sought: 05-09-400-002 e). Current Zoning Classification: A-1 Agricultural f). Zoning Classification Requested: R-2/R-4 General residence district/planned unit devel- opment g). Is this property within City limits? Yes X No, requesting annexation 4. Names and addresses of any adjoining or contiguous landowners and landowners within 500' entitled to notice of petition under any applicable City ordinance or State Statute: Attach a separate list and label as Exhibit"B". 5. List all governmental entities or agencies required to receive notice under Illinois law: Kendall County, Kendall Township, Kendall County' For.esr_ Preserve, Srho.01 DistrictC(J-115, Bristol Kendall; FPD 6. List the Illinois Business Tax Number(IBT#) for the State of Illinois and names of businesses located on subject property to be annexed: No 7. Does a flood plain exist on the subject property? No 8. Do Electors reside on the subject property? No If so, they must execute this petition to annex. (Electors as defined by Illinois Law is a resident of the parcel who is a registered voter. Legal owners of the annexing parcel must sign the petition regardless of place of residence or legal voting status.) 9. Contact Information: Name, address,phone number and fax number of person to whom inquiries regarding this petition may be directed: John; F. Philipchuck Attorney: Name: John,F. Philipchuck Address: 123 Water Street Naperville, IL 60540 Phone Number: 630-355-5800 Fax Number: 630-355-5976 Engineer: Name: Pete Hinker - Smith Engineering Address: 759 John Street Yorkville, Illinois 60560 Phone Number: 630-553-1700 Fax Number: 630-553-7646 Land Planner: Name: Schoppe Design Associates, Inc. Address: 126 S. Main Street, Oswego, IL 60543 Phone Number: 630-351-3355 Fax Number: 630-551-3639 Page 2 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 2/25/04 10. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee (Please refer to page 4 of this application to "Petitioner Route, Step 1, Fees" and/or contact the Deputy Clerk for verification of this amount). c. Concept or Preliminary Site Plan: 40 sets folded to fit in a 10"x 13"envelope In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct and swear that the property to be annexed is contiguous to the United City of Yorkville. Date: 41/.7.110u Petitioner(s) Signature: (All legal property owners signatures must appear on this application.) doL,V.*A. 4445/kr Subscribed and sworn to before me this 1 may of , 2016.7 OFFICIAL SEAL I , Dyani R Dohlen /DIV J Notary Public,State Of Illinois tia Notary Seal My Commission Expires 3/24/2010 THIS APPLICATION MUST BE NOTARIZED. Page 3 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 2/25/04 ANNEXATION, PLANNED UNIT DEVELOPMENT,ZONING OR SPECIAL USE REQUEST PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees* and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation, Illinois Department of Natural Resources, U.S. Army Corps of Engineers, etc.,to allow timely review by City. *Fees: a. Annexation or Annexation and Rezoning - $250 plus $10 per acre for each acre over 5 acres b. Rezoning only - $200 plus $10 per acre for each acre over 5 acres c. Special Use - $250 plus $10 per acre for each acre over 5 acres d. Engineering Review Fees - 1.25%of the approved engineer's estimate of cost of all land improvements, to be determined by City Engineer. e. Planned Unit Development fee - $500 f. Engineering Review Deposit- up to 1 acre=$1,000; over 1 acre but not over 10 =$2,500 over 10 acres, but not over 40= $5,000 over 40 acres, but not over 100 = $10,000 over 100 acres= $20,000 g. Deposit for Outside Consultants - under 2 acres = $1,000 2 to 10 acres= $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly,they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Planning Council meets the 2nd and 4th Thursday of the month at 9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council,you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, City Land Planner, Sanitary District Director, City Engineer, Building Department Official, Emergency Medical Rep,Public Works Director, Executive Director of Parks and Recreation, Fire Department Rep, and Police Chief. Step 3: Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in residential developments. The Park Board Planning Meeting is the fourth Monday of each month at 7:00 p.m. at the Riverfront Building, 301 E. Hydraulic Street. Page 4 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 2/25/04 Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor, the City Attorney and City Land Planner. A Public Hearing will be held at this time for the Annexation Agreement and/or Rezoning request or Special Use request. Notice will be given by publication by the United City of Yorkville in the Kendall County Record and certified mail by the Petitioner to adjacent property owners within 500 feet of the subject property no less than fifteen days and no more than 30 days prior to the public hearing date. A certified affidavit must be filed by the petitioner with the City Clerk's office containing the names, addresses and permanent parcel numbers of all parties that were notified. Step 5: Economic Development Committee: The Economic Development Committee meets the third Thursday of each month at 7:00 p.m. in the City Hall Conference Room. All projects (regardless of a positive or negative EDC recommendation)proceed to the Committee of the Whole for discussion. The Economic Development Committee consists of three (plus one alternate) City Council members. Step 6: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. A Public Hearing will be held at this time for the Annexation Agreement and/or Planned Unit Development Agreement. Notice will be given by publication by the United City of Yorkville in the Kendall County Record. A certified mailing to surrounding landowners is not required for this public hearing. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return this original (retaining a copy for your records)to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. Date: 7- / •- 4 ignature of Petitioner Page 5 of 5 United City of Yorkville Annexation,PUD,Zoning,Special Use Application Revised: 2/25/04 EXHIBIT A PARCEL 1 THAT PART OF THE SOUTH HALF OF SECTION 9,TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A STONE AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE NORTH 00°02'43"EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, 216.62 FEET, FOR THE POINT OF BEGINNING;THENCE SOUTH 88°15'14" WEST 2707.36 FEET TO THE ORIGINAL CENTERLINE OF ILLINOIS STATE ROUTE 47; THENCE NORTH 17°24'09" WEST ALONG SAID ORIGINAL CENTERLINE, 1367.37 FEET; THENCE NORTH 88°15'14" EAST 3115.46 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 9 THAT IS NORTH 00°02'43" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 00°02'43" WEST ALONG SAID EAST LINE, 1317.22 FEET TO THE POINT OF BEGINNING, EXCEPT THE RAILROAD RIGHT OF WAY AND EXCEPT THAT PART FALLING IN THE RIGHT OF WAY OF ILLINOIS STATE ROUTE 47, IN THE TOWNSHIP OF KENDALL,KENDALL COUNTY, ILLINOIS. PARCEL 2 THAT PART OF THE SOUTH HALF OF SECTION 9, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A STONE AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE NORTH 00°02'43" EAST(BEARINGS ASSUMED FOR DESCRIPTION PURPOSES)ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, 216.62 FEET; THENCE SOUTH 88°20'26" WEST ALONG THE SOUTH LINE OF THE ABOVE DESCRIBED PARCEL 1, 1320.95 FEET; THENCE SOUTH 00°06'21" EAST, 193.37 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE NORTH 89°20'55" EAST ALONG SAID SOUTH LINE, 1319.96 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville,IL 60560 630/553-4350 PC # APPLICATION & PETITION Please Check One: x Preliminary Plan Final Plat Development Name: The Townes at Windett Date of Submission: 7-17-06 Reserve 1. Name of Petitioner(s): Wiseman-Hughes Enterprises, Inc. Address: 975 E. 22nd Street Phone Number: 630-653-0500 Fax Number: 630-653-0194 2. a). Street address and physical location of subject property: b). Legal description of property; attach as Exhibit"A". c). Total Acreage: 91.80 3. Contact Information: Name, address,phone number and fax number of person to whom inquiries regarding this petition may be directed: John•F. Philipchuck 123 Water Street Naperville, IL 60540 Attorney: Name: John F. Philipchuck Address: 123 Water Street Naperville, IL 60540 Phone Number: 630-355-5800 Fax Number: 630-355-5976 Engineer: Name: Pete Hinker - Smith Engineering Address: 759 John Street Yorkville, IL 60560 Phone Number: 630-553-1700 Fax Number: 630-553-7646 Land Planner: Name: Schoppe Design Associates, Inc. Address: 126 S. Main Street Oswego, IL 60543 Phone Number: 630-351-3355 Fax Number: 630-551-3639 Page 1 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 5/4/04 4. Submit the following to the Deputy Clerk in order to be scheduled for the necessary committee meetings. An incomplete submittal could delay the scheduling of your project. a. Original application with legal description plus 40 copies. b. Appropriate filing fee(Please refer to Page 3 of this application"Petitioner Route, Step 1,Fees" and/or contact the Deputy Clerk for verification of this amount). c. To begin the review process,the initial submittal must consist of: 1. 6 sets of Preliminary Plans/Final plats folded to fit in a 10"x 13"envelope 2. 6 sets of Landscape Plans folded to fit in a 10" x 13" envelope 3. 6 sets of Preliminary/Final Engineering folded to fit in a 10"x 13" envelope Within one week of receipt of submittal, the Engineering Department will determine if it is complete or if additional information is needed. Once the submittal is complete, the Plan Council Meeting date will be scheduled for the next meeting that is 6 weeks from this date. One week prior to your scheduled Plan Council meeting, you will be required to submit 15 full size preliminary/final site plans for the packets distributed to the members. In witness whereof the following petitioner(s) have submitted this application under oath and verify that to the best of their knowledge its contents are true and correct. Date: -1 I 1404" Petitioner(s) Signature: (All legal property owners signatures or their authorized agents(i.e.Planner, Petitioner's Attorney,Engineer)must appear on this application.) Subscribed and sworn to before me this day oft` , 200 6 . OFFICIAL SEAL Dyani, O Dohn 1))21.(k . Notary Publiq State Of Illinois Notary S- My Commission Expires 3/24/2010 THIS APPLICATION MUST BE NOTARIZED. Page 2 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 5/4/04 PRELIMINARY PLAN/FINAL PLAT PETITIONER ROUTE Step 1: Petitioner must submit a completed application, fees* and all pertinent materials to the Deputy Clerk a minimum of 45 days prior to the targeted Plan Commission meeting. Petitioner is responsible for making submittals to other review agencies such as Kendall County, Illinois Department of Transportation,Illinois Department of Natural Resources,U.S.Army Corps of Engineers, etc.,to allow timely review by City. *Fees: 1. Preliminary Plan Fee - $500/Final Plat Fee - $500 a. Engineering Review Fees - 1.25%of the approved engineer's estimate of cost of all land improvements,to be determined by City Engineer. b. Engineering Review Deposit- up to 1 acre =$1,000; over 1 acre but not over 10 =$2,00 over 10 acres,but not over 40= $5,000 over 40 acres, but not over 100= $10,000 over 100 acres= $20,000 c. Deposit for Outside Consultants -under 2 acres = $1,000 2 to 10 acres= $2,500 over 10 acres = $5,000 Note: Owner/Developer will be responsible for payment of recording fees and costs,public hearing costs including a written transcription of public hearing and outside consultant costs (i.e. legal review, land planner, zoning coordinator, environmental, etc.). Should Owner/Developer not pay these fees directly, they will be responsible for reimbursing the United City of Yorkville for the aforementioned fees and costs. Note: You must present your plan at each of the meetings below as indicated. Step 2: Plan Council: The Planning Council meets the 2nd and 4th Thursday of the month at 9:30 a.m. in the City Administration Office. Upon recommendation by the Plan Council, you will move forward to the Plan Commission Meeting. Attendees to this meeting include: City Administrator, City Land Planner, Sanitary District Director, City Engineer,Building Department Official,Emergency Medical Rep,Public Works Director,Executive Director of Parks and Recreation, Fire Department Rep, and Police Chief. Step 3: For Preliminary Plans only; Park Board Planning Meeting: The Park Board makes recommendations on any Park Sites included in the development. The Park Board Planning Meeting is the fourth Monday of each month at 7:00 p.m. at the Riverfront Building, 301 E. Hydraulic Street. Step 4: Plan Commission: The Plan Commission meets the second Wednesday of each month at 7:00 p.m. in the Council Chambers at City Hall. The Plan Commission will make a recommendation for the City Council's consideration. The Plan Commission consists of 10 members appointed by the Mayor,the City Attorney and City Land Planner. Page 3 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 5/4/04 Step 5: Economic Development Committee: The Economic Development Committee meets the third Thursday of each month at 7:00 p.m. in the City Hall Conference Room. All projects (regardless of a positive or negative EDC recommendation)proceed to the Committee of the Whole for discussion. The Economic Development Committee consists of three (plus one alternate) City Council members. Step 6: Committee of the Whole: The Committee of the Whole meets the first and third Tuesdays of the month at 7:00 p.m. in the Conference Room at City Hall. The project will be discussed in an informal atmosphere at the Committee of the Whole where no formal voting takes place. This session is to discuss and consider recommendations of prior committee meetings. Step 7: City Council: The City Council meets the second and fourth Tuesdays of the month at 7:00 p.m. in the Council Chambers at City Hall. This is where all City Council voting takes place. If this project has included an annexation and/or zoning petition, a Public Hearing will be held at this time with notice given by publication. Any annexation agreement, PUD agreement or development agreement must be signed by the Petitioner prior to being voted on by the City Council. Prior to the recording of the final plat,the petitioner must pay the Administration Fee. This is equal to 1.75% of the approved engineer's estimate of construction costs of land improvements, including but not limited to all public improvements to be dedicated to the City, mass earth grading, and quasi-public improvements to be maintained by the homeowner's associations such as private storm sewer,parking areas, and trails. Step 8: Final Plat recording instructions: Once the final plat is approved by the City Council and all required documents, bonds, and letters of credit are submitted to the City,the final plat may be recorded with Kendall County. Submit the final plat mylar to the Deputy Clerk for signatures. When all City signatures are in place, the developer or his surveyor may take the mylar to the Kendall County Clerk for his signature. The next step is to have six paper prints made and return to the Kendall County Recorder's office for recording. Kendall County requires the mylar and four paper copies. The City of Yorkville requires that you submit two recorded paper copies to the Deputy Clerk. Any copies you may require would be in addition to these. Agreement: I understand and accept all requirements, fees as outlined as well as any incurred Administrative and Planning Consultant Fees which must be current before this project can proceed to the next scheduled committee meeting. Please sign and return (retaining a copy for your records) to the Deputy Clerk, United City of Yorkville, 800 Game Farm Road, Yorkville, Illinois 60560. 7, 11- - V 4. Date Signature of Petitioner Page 4 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 5/4/04 CHECK LIST FOR PRELIMINARY PLANS SECTION 1: WRITTEN DOCUMENTS 1. A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan B. A time schedule of the proposed development of the area covered by such preliminary plan C. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the plan,including the specific section of the Ordinance. 2. A boundary survey of the area covered by such preliminary plan, prepared and certified by a registered Illinois surveyor. _ SECTION 2: GENERAL PLAN INFORMATION 1. A rendered outline of the area covered by such preliminary plan drawn at a scale of not less than 1 inch equals 100 feet. 2. The plan must contain the following information: A. Scale B. North Arrow C. Original and Revised dates D. Name and address of owner of record E. Name and address of site plan designer F. Current zoning of the property G. All categories of proposed land use 3. The following information regarding contiguous property: A. Location of contiguous property B. Zoning of contiguous property C. Land use of contiguous property 4. The following site data provided in the lower right corner: A. Size of property in square feet or acres B. Square footage and percent of site coverage with buildings C. Square footage and percent of site coverage with pavement D. Number of parking spaces to be provided E. Number of parking spaces required by zoning ordinance F. Number of proposed buildings/dwelling units/lots SECTION 3: PLAN DATA REQUIREMENTS 1. A site location map. 2. Dimensions of the property. 3. A topographical survey of the area covered by such preliminary plan at two-foot contour intervals drawn at not less than one inch equals one hundred feet. 4. A detailed plan for the treatment of any proposed stormwater detention or retention facilities. 5. Existing or proposed public roads,streets, and alleys,including classifications,width of right-of-way and paved surfaces,and existing and proposed sidewalks. 6. Dimensioned building setbacks,and as applicable;areas for off-street parking,trucking maneuvering and service,and open space/recreational facilities. 7. A schematic of existing or proposed public utility systems, including the size of sanitary sewers,storm water lines,& streetlights. 8. Existing vegetation and plantings. 9. Any other information required by the City,to clearly show the proposed site plan elements. Page 5 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 5/4/04 CHECK LIST FOR FINAL PLANS SECTION 1: WRIT IEN DOCUMENTS 1. A land use application containing the following: Not Applicable Acceptable Deficient A. A statement of planning objectives to be achieved by the plan. D. A development schedule,indicating the approximate dates for construction of the Final Plan. E. Petitioners proposed covenants,restrictions,and conditions to be established as part of the Final Plan. F. Exceptions or variations to City Zoning or Subdivision Ordinances being requested as part of the Final Plan, including the specifics of the Ordinance. SECTION 2: GENERAL PLAN INFORMATION 1. Must be drawn to accurate engineering scale. 2. Must contain the following information: A. Scale B. North Arrow C. Original and Revised dates D. Name and address of owner of record E. Name and address of site plan designer 3. The following information regarding contiguous property: A. Location of contiguous property B. Zoning of contiguous property C. Land use of contiguous property 4. Site data to be provided in lower right hand corner: A. Legal Description B. Size of property in square feet and acres C. Current Zoning D. Square footage&percent of site coverage with buildings E. Square footage&percent of site coverage with pavement F. Square footage&percent of site coverage with landscaping G. Number of parking spaces required by zoning ordinance H. Number of parking spaces to be provided I. Number of buildings J. Number of dwelling units K. Breakdown of dwelling unit bedroom types 5. Landscape data to be provided in lower left hand corner: A. Number of plantings by type B. Size of plantings at installation C. On-center spacing for hedges(Should be 3 feet apart) D. Caliper size of all trees at installation Page 6 of 7 United City of Yorkville Preliminary/Final Plat Application Revised. 5/4/04 CHECK LIST FOR FINAL PLANS, CONTINUED SECTION 3: PLAN DATA REQUIREMENTS 1. Dimensions of property. 2. Existing and proposed public and private streets,right-of-ways,driveways,all principal and accessory buildings and their uses,dimensioned building setbacks,lot sizes,sidewalks,off-street parking,service areas,open spaces,and recreation facilities. 3. Preliminary architectural plans for all residential buildings,in sufficient detail to show basic building plan. 4. The existing and proposed vehicular and pedestrian circulation systems,indicating their inter-relationship and proposed treatments of points of conflict. 5. Existing and proposed utility systems,including sanitary sewers,water,electric,gas,telephone,and cable television lines,including their sizes. 6. Proposed public and private lighting systems. 7. Existing and proposed easements for utility services. 8. Proposed signage,indicating location and size. 9. Existing vegetation and plantings. 10. Proposed berming and fencing. 11. The location and size in acres or square feet of all areas to be conveyed,dedicated,or reserved as common open space,public parks,recreational areas,school sites,and similar semi-public uses. 12. Any other information necessary to clearly show the proposed site plan elements. Page 7 of 7 United City of Yorkville Preliminary/Final Plat Application Revised: 5/4/04 EXHIBIT A PARCEL 1 THAT PART OF THE SOUTH HALF OF SECTION 9, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT A STONE AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE NORTH 00°02'43" EAST ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, 216.62 FEET, FOR THE POINT OF BEGINNING; THENCE SOUTH 88°15'14" WEST 2707.36 FEET TO THE ORIGINAL CENTERLINE OF ILLINOIS STATE ROUTE 47; THENCE NORTH 17°24'09" WEST ALONG SAID ORIGINAL CENTERLINE, 1367.37 FEET; THENCE NORTH 88°15'14" EAST 3115.46 FEET TO A POINT ON THE EAST LINE OF SAID SECTION 9 THAT IS NORTH 00°02'43" EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 00°02'43" WEST ALONG SAID EAST LINE, 1317.22 FEET TO THE POINT OF BEGINNING, EXCEPT THE RAILROAD RIGHT OF WAY AND EXCEPT THAT PART FALLING IN THE RIGHT OF WAY OF ILLINOIS STATE ROUTE 47, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. PARCEL 2 THAT PART OF THE SOUTH HALF OF SECTION 9, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A STONE AT THE SOUTHEAST CORNER OF SAID SECTION 9; THENCE NORTH 00°02'43" EAST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES)ALONG THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9, 216.62 FEET; THENCE SOUTH 88°20'26" WEST ALONG THE SOUTH LINE OF THE ABOVE DESCRIBED PARCEL 1, 1320.95 FEET; THENCE SOUTH 00°0621" EAST, 193.37 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 9; THENCE NORTH 89°20'55" EAST ALONG SAID SOUTH LINE, 1319.96 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS. STATE OF ILLINOIS ) ) COUNTY OF KENDALL ) ) UNITED CITY OF YORKVILLE ) PETITION FOR ANNEXATION TO THE UNITED CITY OF YORKVILLE The undersigned Petitioners, being the owners of record, respectfully petition the United City of Yorkville to cause the property described in the Plat of Annexation marked Exhibit A, attached hereto and made a part hereof, to be annexed to the United City of Yorkville, County of Kendall, State of Illinois. The Petitioners represent to the United City of Yorkville as follows: 1. That the Petitioners, are the legal title holders of the Property described in Exhibit A (hereinafter referred to as "Subject Property"). 2. That the Subject Property is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville, Kendall County, Illinois. 3. That the Subject Property is generally located east of Illinois Route 47, and north of Ament Road, in Kendall Township, Kendall County, Illinois. 4. That the Subject Property is presently zoned A-1 Agriculture District in Kendall County. 5. That no Electors reside on the property. 122049/2 WHEREFORE,Petitioner respectfully requests: 1. That the Subject Property be annexed to the United City of Yorkville in accordance with the provisions of 65 ILCS 5/7-1-8 of the Municipal Code of the State of Illinois, as amended. 2. Upon annexation to the United City of Yorkville the Subject Property be zoned pursuant to the terms of a mutually agreeable annexation agreement. 2. That such other action be taken as is appropriate in the premises. RESPECTFULLY SUBMITTED this day of A, , 2006 OWNER WISEMAN-HUGHES ENTERPRISES, INC., An Illinois Corporation. BY President 11 Attest „u , I N ecretary 122049/2-2- 117399-1 STATE OF ILLINOIS ) ) SS. COUNTY OF ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that , personally known to me to be the President of Wiseman-Hughes Enterprises, Inc., an Illinois Corporation, and , personally known to me to be the Secretary of said Corporation, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument appeared before me this day in person and severally ackowledged that as such President and Secretary, they signed and delivered the said instrument as such President and Secretary of said Corporation and they caused the corporated seal of said corporation, as their own free and voluntary act, and as the free and voluntary act of said Corporation, for the uses and purposes therein set forth. Given under my hand and official seal this Cday o5U,__f_, 2006. OFFICIAL SEAL Dyani R.Dohlen Notary Public,State Of Illinois0.1 ' .P My Commission Expires 3/24/2010 ��/ •` ��- No it Public My commission expires Z, • '0 Prepared by: John F. Philipchuck DOMMERMUTH, BRESTAL, COBINE AND WEST, LTD. 123 Water Street P.O. Box 565 Naperville, IL 60566-0565 122049/2-3- 117399-1 EXHIBIT A PLAT OF ANNEXATION 122049/2-4- 117399-1 STATE OF ILLINOIS ) COUNTY OF KENDALL ) ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (THE TOWNS AT WINDETT RIDGE SUBDIVISION) NOW COMES "OWNER/DEVELOPER", WISEMAN-HUGHES ENTERPRISES, INC., AN ILLINOIS CORPORATION, hereinafter referred to as "OWNER/DEVELOPER" of certain real property hereinafter referred to as "Subject Property" described in the attached Exhibit "A" and the UNITED CITY OF YORKVILLE, AN ILLINOIS MUNICIPAL CORPORATION, hereinafter referred to as "CITY", who do hereby enter into this Annexation and Planned Unit Development Agreement, hereinafter referred to as "Agreement" to supplement and in addition to the Petition for zoning, Zoning Ordinance, Subdivision Control Ordinance and drawings submitted therewith to be approved by the City Council of the CITY upon the following terms and conditions and in consideration of the various agreements made between the parties agree as follows: 1. WHEREAS, each party agrees that it is in the best interest of the OWNER/DEVELOPER and the CITY to develop the Subject Property described in the attached Exhibit "A" as a Planned Unit development establishing a unique open space character with green areas and recreation improvements in conjunction with the CITY and to provide for the orderly flow of traffic throughout the development; and 123263/1123263/1 DHUSE-PUD Agreement 1 2. WHEREAS, each party agrees that it is in the best interest of the local governmental bodies affected and OWNER/DEVELOPER to provide for specific performance standards in the development of the Subject Property; and 3. WHEREAS, OWNER/DEVELOPER desire to annex the Subject Property to the CITY for the purposes of developing one contiguous Planned Unit Development known as The Towns at Windett Ridge; and 4. WHEREAS, 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; and 5. WHEREAS, the CITY and OWNER/DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the CITY code; and 6. WHEREAS, each party agrees that a substantial impact will be had on the services of the CITY and the Yorkville School District, hereinafter referred to as "School District", by developing said Subject Property; and 7. WHEREAS, the OWNER/DEVELOPER has agreed to perform certain conditions substantially above those requirements mandated by the CITY; which are binding under the terms of this Agreement to be performed as to the Subject Property; and 8. WHEREAS, the CITY, after due and careful consideration, has concluded that the execution of this Agreement subject to the terms and conditions of this Agreement, the rezoning, 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 sound planning and 123263/1123263/1 DHUSE-PUD Agreement 2 development of the CITY, and will otherwise enhance and promote the general welfare of the people of the CITY. NOW THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the parties agree as follows: 1. Zoning: The subject property shall be re-zoned under the Zoning Ordinance of the CITY as R-2 One Family Residence District and R-4 General Residence District Planned Unit Development as set out in the attached Preliminary PUD Plat and Plan as Exhibit "B" and zoning legal description as Exhibit "C", incorporated herein by reference showing the precise areas to be zoned R-2 One Family Residence District Planned Unit Development and R-4 General Residence District Planned Unit Development for Single Family and Multifamily uses, and shall be developed in general conformance with the applicable CITY Ordinances as time to time amended in a non discriminatory fashion as to all developments within the CITY. To the extent any modification or creation of a new CITY Ordinance would cause an inability to comply with any provision of this Agreement, the controlling document shall be this Agreement, including the attached exhibits, over any revision to the CITY'S Ordinances. The density, minimum lot size, setback lines and all other performance standards set out in the CITY'S Zoning Ordinances and CITY Subdivision Control Ordinance, and all other applicable CITY Ordinances shall be complied with by the OWNER/DEVELOPER of the Subject Property in the development of the Subject Property, except when varied by this Agreement and as specifically set out in Exhibits "B" and "C" to this Agreement which have been incorporated herein by reference. 2. Signs, Models & Construction Trailers. For purposes of developing the Subject Property, OWNER/DEVELOPER hereby request authority to build two (2) different model unit 123263/1123263/1DHUSE-PUD Agreement 3 groupings not to exceed eight(8)homes during the duration of the project. Model units shall be constructed in defined areas as approved by the CITY'S Economic Development Committee. Construction of model units shall commence upon final City Council vote approving this Agreement when aggregate stone surface roadway is in place, and upon submission of a hold harmless letter to the CITY and the Yorkville-Bristol Fire Protection District. All signage and exterior lighting for the model units shall be permitted adjacent to the model unit areas for purposes of displaying products for sale. Furthermore all directional, promotional, and community identification signs shall be allowed within the interior of the Subject Property. In addition to all other signage allowed under CITY ordinances, OWNER/DEVELOPER shall be allowed to construct two permanent entry monuments on the Subject Property adjacent to Route 47 which will identify The Towns At Windett Ridge Subdivision. The two permanent entry monuments shall not exceed 16' by 20' of sign face, and the total height of the sign not to exceed twenty feet. During Construction OWNERS/DEVELOPER shall also be entitled to erect a temporary entrance sales sign on Route 47, not exceeding 16' by 20' of sign face, the total height of the sign not to exceed twenty feet, which shall be permitted until completion of the two permanent entry monuments adjacent to Route 47. OWNER/DEVELOPER shall be permitted to construct and occupy one (1) temporary office and sales trailer for sales purposes, at any model grouping upon execution of this Agreement by the City Council for the unit of the Subject Property in which the model unit is 123263/1123263/1 DHUSE-PUD Agreement 4 located. Said office/sales trailer will be removed by OWNER/DEVELOPER when ninety-five percent (95%)of occupancy permits have been issued by the CITY. OWNER/DEVELOPER shall further be allowed to have eight (8) storage trailers on each phase of construction within the Subject Property. Said storage trailers shall be removed upon completion of home construction in each respective unit within the Subject Property. In no event shall storage trailers be parked on right-of-ways, or be located within 150' from any occupied building. 3. Fees and Charges. During the first five (5) years following the date of issuance of the first single family building permit, the CITY shall impose upon and collect from the OWNER/DEVELOPER, and their respective contractors, only those permit, license, 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 OWNER/DEVELOPER a six (6) month grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations. 4. Contributions. The City shall not require the OWNER/DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement attached hereto as Exhibit"E". 5. School and Park Dedication. It is acknowledged that the OWNER/DEVELOPER shall contribute to the Yorkville School District and Yorkville Park Department, hereinafter "CITY Park Department" land contributions exceeding the CITY'S 123263/1 123263/1DHUSE-PUD Agreement 5 Land/Cash Ordinances in existence at the date of approval of this Agreement. The OWNER/DEVELOPER will exceed the CITY'S required school dedication of 4.34 acres and the CITY'S required Park Dedication of 4.73 acres and will instead dedicate 21.34 acres for the School/Park Site depicted on Exhibit B. Therefore the City will credit the OWNER/DEVELOPER the current land cash value of eighty thousand dollars ($80,000) per acre for 12.27 acres toward the CITY Road contribution fund of two thousand dollars ($2,000) per dwelling unit, and water connection fee of three thousand seven hundred dollars ($3,700)per unit until said credit has been fully utilized by OWNER/DEVELOPER. The Developer shall provide written verification from the Yorkville School District and CITY Park Department concerning all land dedications. Furthermore all areas dedicated to the CITY Park Department for which credit is being given towards land-cash contributions shall be final graded and seeded. Said property shall be dedicated by deed to the CITY at the time that OWNER/DEVELOPER seeks approval of a Final Plat of Subdivision for the unit or phase within the Subject Property containing said parcel of land. OWNER/DEVELOPER shall also install a bike path from the southeast corner of the Subject Property through the school and park sites as depicted on the Preliminary plan attached hereto as "Exhibit "B". The pathway shall be ten (10) feet wide and constructed of asphalt. It being the intent of the CITY and OWNERS/DEVELOPER that the CITY Park Department will accept dedication of the bike path and certain open-space acre upon completion. 6. Detention. OWNER/DEVELOPER shall be permitted to have detention facilities in common areas within the Subject Property which will be installed on Homeowner Association 123263/1123263/1DHUSE-PUD Agreement 6 maintained property. The detention areas designated on the Preliminary Plat Plan attached hereto as Exhibit "B" consisting of 23.49 acres shall be maintained by OWNER/DEVELOPER until conveyed to the Homeowners Association and ownership remain with them. However, the OWNER/DEVELOPER reserves the right to seek dedication of said areas to the CITY after completion. In the event any inlet or other drainage facility is located on private property, each individual lot owner shall be responsible to maintain all berming, set-back area, or detention area located within the property boundaries of any individual lot within said Subject Property, and that homeowners shall not, fill in,build on, or alter in any way the detention facilities. 7. Assessory Structures and Uses. OWNER/DEVELOPER, and their successors, heirs, and assigns shall have the right to have home offices, satellite dishes, decks, and screened- in porches pursuant to the City Ordinances and accessory uses permitted within the R-2 low density residential zoning district in conformance with all requirements and usage requirements as contained in the Zoning Ordinance currently in existence as of the date of approval of this Agreement. 8. Performance Standards. OWNER/DEVELOPER, except to the extent varied by this Agreement and as shown in the Preliminary PUD Plat and Plan attached hereto as Exhibit "B", shall comply with all setback requirements, minimum lot sizes and in conformance to those requirements set out in the CITY'S Zoning Ordinance at the time of passage of Preliminary PUD Plat and Plan of the subdivision on , 200 . Any change in CITY'S Zoning Ordinance, Subdivision Control Ordinance, and CITY storm Water Control Ordinance enacted subsequent to the execution of this Agreement which shall alter minimum lot sizes, setbacks, 123263/1123263/1 DHUSE-PUD Agreement 7 performance standards of this development, shall not affect or apply to this Agreement and the Subject Property. A. R-2 One Family Residence District Setbacks: Front 30 feet Rear 40 feet Side 10 feet Minimum Lot Size 12,000 sq. ft. Minimum Lot Width 70.20 feet B. R-4 General Residence District Setbacks Front 30 feet Rear 30 feet Side 12 feet Minimum Building Separation Front to Front 60 feet Rear to Rear 50 feet Side to Side 20 feet Rear to Side 40 feet Minimum Lot Width 53 feet 9. Oversizing of Public Improvements. Installation of CITY water main, streets and all other public improvements shall be in conformance with CITY Ordinances, unless specifically varied by approval of the City Council or varied by the terms of this Agreement. The CITY may require oversizing of water, sanitary sewer, or storm sewer mains provided a written agreement is approved by the CITY fixing a method of recapture for OWNER/DEVELOPER or contribution by the CITY. The CITY agrees to negotiate with OWNER/DEVELOPER the passage of said Recapture for Over-Sizing Ordinance for any offsite improvements, or an improvements benefiting future developers contiguous or within a reasonable service area of the Subject Property. Any recapture shall be done by Ordinance after the CITY has reviewed Engineers drawings and certified costs for any such improvement submitted by OWNER/DEVELOPER, and approved by a majority vote of the City Council. 123263/1123263/1DHUSE-PUD Agreement 8 10. Sanitary Sewer and Potable Water. For purposes of installing and servicing the subject property with Sanitary Sewer, OWNER/DEVELOPER shall be permitted to hookup various units of said Subdivision not exceeding a combination 198 single-family and multifamily units to the CITY'S interceptor on Route 47 located adjacent to the northwest corner of the Subject Property. Recapture is due for said Sanitary Sewer System on the basis of$ 235.00 per p.e. for each residential unit that hooks on to said system, plus 6% interest per annum, as per CITY Resolution 95-12. Payment for said recapture is due at the time of application for building permit for any respective structure to be served by the aforesaid interceptor. For the purpose of providing the Subject Property with potable water the CITY hereby represents to OWNER/DEVELOPER that capacity exists to supply the Subject Property with potable water service. 11. Building Code. OWNER/DEVELOPER will be bound by any subsequent changes in BOCA building codes, BOCA building material changes and the like that may be enacted by the CITY, so long as the same are applied in a non discriminatory manner throughout the City. 12. Landscaping and Berming. A. Landscaping of the Subject Property shall contain green area/berming on the Subject Property adjacent to the Route 47 right-of-way, in a landscape area for which OWNER/DEVELOPER has submitted landscaping plans attached hereto as Exhibit "D" to be approved by the City Council containing a landscape setback area of at least 250 feet as a side and front-yard setback area in areas of the Subject Property zoned R-4 adjacent to the Route 47 Right-of-way pursuant to the approved Preliminary PUD Plat and Plan attached hereto as Exhibit 123263/1123263/1DHUSE-PUD Agreement 9 "B", which shall be constructed by OWNERS/DEVELOPER in each Phase of the subdivision in which it is located B. Street and parkway trees shall be of a 21/4 inch minimum caliper and shall be installed within six months of the installation of driveways for each residence or the common drive for any portion of the development, as per approved the landscape plan attached hereto as Exhibit "D" for each phase of the subdivision. C. OWNER/DEVELOPER may increase the amount of landscaping in any respective unit of said subdivision in excess of those requirements of the City Ordinance and may add additional plantings, but not less plantings, than those required under the Landscaping Plan, a copy of which is attached hereto and incorporated herein as Exhibit"D". D. That no house structure or accessory building shall be permitted in any landscape setback area in said Subdivision by OWNER/DEVELOPER except as set out in the Preliminary PUD Plat and Plan attached hereto as Exhibit"B" approved by the City. E. Homeowners may plant shrubbery, flowers or trees in bermed areas. F. That no homeowner, or their agent, or employee shall alter in any fashion, any berming, landscape setback area, drainage or detention area within any easement area of said Subject Property. 13. Grading. OWNER/DEVELOPER shall submit a mass-grading plan to the City Engineer along with Final Engineering for the entire Subject Property prior to the time approval is sought for the first Phase of the Subject Property. Upon City approval of this Agreement, the OWNER/DEVELOPER may request and the City shall issue a Mass Grading Permit to allow OWNER/DEVELOPER to immediately proceed with the mass grading work on the Subject Property so long as the OWNER/DEVELOPER follows the NPDES permit requirements. 123263/I123263/1DHUSE-PUD Agreement 10 14. Homeowners Association. That a Homeowners Association shall be created and a Homeowners Declaration recorded prior to the passage of each affected Final Plat of subdivision by the City Council of CITY providing for the ownership and maintenance of all internal trails/sidewalk, detention facilities, green areas not dedicated to the CITY for park purposes, signage and common areas. It being the intent of the CITY and OWNERS/DEVELOPER the CITY Park Department will accept dedication of the bike paths and certain open-space acreage upon completion. In the event said Association fails to maintain said areas, OWNER/DEVELOPER hereby grant their consent to the CITY to immediately create a Special Services Tax Area under the applicable Illinois Statutory procedure, a Special Tax District or Special Services area for the purpose of upkeep, maintenance and/or renovation of these common areas above set-forth at the time the first Final Plat of Subdivision is sought to be approved. 15. Road Improvements and Route 47 Access. A. State Route 47 access for said Subject Property and improvements shall be constructed at expense of OWNER/DEVELOPER. However OWNER/DEVELOPER reserves the right to obtain a Recapture Agreement and Recapture Ordinance for fifty percent (50%) of associated expenditures to the extent other properties benefit form said traffic improvement, and excluding any proportionate benefit to OWNER/DEVELOPER'S property. Location of the entrance shall be in conformance with the Preliminary PUD Plat and Plan attached hereto as Exhibit "B", approved by the City, and completed pursuant to engineering drawings submitted by OWNER/DEVELOPER which shall be approved by the Illinois Department of Transportation. Location of the entrance may be moved if directed by the Illinois Department of Transportation. If such a modification is needed or required, OWNER/DEVELOPER shall be 123263/1123263/1DHUSE-PUD Agreement 11 granted a variance if necessary by the CITY to allow for the development of the Subject Property. If signalization is required by the Illinois Department of Transportation at any street access onto Route 47, OWNER/DEVELOPER shall obtain a traffic study for approval by the City Engineer. OWNER/DEVELOPER reserves the right to obtain a Recapture Agreement and Recapture Ordinance for up to seventy-five percent (75%) of associated expenditures to the extent other properties benefit from said traffic improvement, and excluding the twenty-five percent(25%)proportionate benefit to OWNER/DEVELOPER'S Subject Property. 16. Utility Easements and Installation. A) OWNER/DEVELOPER and City agree that in order to secure the development of the Subject Property, easements may be necessary to be acquired by OWNER/DEVELOPER off-site of the subject property for dedication to the City. The CITY makes no representation or warranty to the OWNER/DEVELOPER as to the acquisition of said easements although the CITY shall co-operate and use it's best efforts to help OWNER/DEVELOPER to acquire said necessary easement. B) Easement acquisition shall be at the sole cost and expense OWNER/DEVELOPER. OWNER/DEVELOPER shall submit plats of dedication for utility easements in the format and over locations accessible for reasonable extension of utilities to be approved by the City Engineer. C) Installation of all on-site utility improvements, and extension of off-site utilities shall be at the sole expense of the OWNER/DEVELOPER. 17. Onsite Easements and Improvements. In the event that during the development of the Subject Property, OWNER/DEVELOPER determine that any existing utility easements 123263/1123263/1 DHUSE-PUD Agreement 12 and/or underground lines require relocation to facilitate the completion of OWNER/DEVELOPER'S obligation for the Subject Property in accordance with the Preliminary PUD Plat and Plan, attached hereto as Exhibit "B" the CITY shall fully cooperate with OWNER/DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNER/DEVELOPER. 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 as reflected on the Preliminary PUD Plan, attached hereto as Exhibit "B", and in this Agreement, the CITY shall fully cooperate with OWNER/DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNER/DEVELOPER. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNER/DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located therein unless the relocation involves overhead utilities. If the CITY requires any existing overhead utilities be relocated or buried on perimeter roads adjacent to the Subject Property the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNER/DEVELOPER'S request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the OWNER/DEVELOPER associated with burying what had been overhead utility lines, the OWNER/DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. 18. 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 123263/1123263/1DHUSE-PUD Agreement 13 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 issuance of the first single family building permit. 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 OWNER/DEVELOPER during said five (5) period. The CITY shall give the OWNER/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 expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Subject Property, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the Subject Property being classified as non-conforming under any ordinance of the CITY. 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 OWNER/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. 123263/1 123263/IDHUSE-PUD Agreement 14 If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the Subject Property, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNER/DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNER/DEVELOPER may proceed with development or construction upon the Subject Property pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. 19. Legal Conformance with Law. This Agreement is made pursuant to and in accordance with the provisions of CITY ordinances, as amended from time to time, applicable provisions of the Illinois Compiled Statutes, and the Illinois Constitution. 20. Transfer. OWNER/ 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 OWNER/DEVELOPER shall have no further obligations hereunder as to 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 OWNER/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 123263/1123263/1 DHUSE-PUD Agreement 15 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 conveyance, unless the successor to or assignee of the OWNER/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, the OWNER/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 OWNER/DEVELOPER or the successor to or assignee of the OWNER/DEVELOPER has provided a substitute letter of credit 21. General Provisions. A. The Exhibits attached to this Agreement are incorporated herein by reference and are made a part of this Agreement. B. Ordinances annexing the Subject Property and approving the zoning classification and legal description shall be approved and executed by the CITY when the precise metes and bounds legal descriptions are tendered to the City. C. This agreement shall be binding upon the successors, heirs, and assigns of each party hereto. D. If any portion of this agreement were determined to be invalid the remaining portions thereof shall be in full force and effect between OWNER/DEVELOPER and the CITY. E. This agreement shall be binding upon each party hereto in terms of performance for a period of twenty (20) years. In the event construction is commenced within said twenty (20) year 123263/1123263/1DHUSE-PUD Agreement 16 period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and OWNER/DEVELOPER. F. Passage of this Agreement does not waive the right of OWNER/DEVELOPER to seek modification of this Agreement pursuant to the CITY"S Zoning Ordinance. G. The parties to this Agreement acknowledge that the current OWNER/DEVELOPER of the Subject Property is WISEMAN-HUGHES ENTERPRISES, INC., AN ILLINOIS CORPORATION, the parties further acknowledge that the specific terms of the Agreement were negotiated with the consent of the OWNER/DEVELOPER to be binding as to the development of the Subject Property, and that OWNER/DEVELOPER warrant that the parties hereto have full and express authority to enter into this Agreement. H. The parties acknowledge and agree that the Subject Property shall be developed in conformance with this Agreement; and that throughout this Agreement, when the term OWNER/DEVELOPER are used to require the performance of an act or obligation, it shall refer to the OWNER/DEVELOPER then seeking approval of Final Engineering, Final Plats of Subdivision or any other act required hereunder. I. OWNER/DEVELOPER hereby agree to include Kendall County "Right To Farm" language on each Final Plat of Subdivision, as part of the conveyance language on each Deed for lots abutting County agricultural zoning. J. OWNER/DEVELOPER shall be permitted to phase future Final Plat approval for the Subject Property subject to this agreement. K. Should any provision of the Agreement be found to be unenforceable by a Court of competent jurisdiction, the remaining terms and conditions of this Agreement shall remain in full force and effect 123263/1123263/1DHUSE-PUD Agreement 17 L. 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: OWNER/DEVELOPER Jim Hughes Sr. Wiseman-Hughes Enterprises, Inc. 975 E. 22nd Street Wheaton, Illinois 60187 Copy to: John Philipchuck Dommermuth, Brestal, Cobine &West Ltd. 123 Water Street, Naperville, Illinois 60566 (630)-355-5800 City United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, Illinois 60560 Copy to: John Wyeth, Esq. 800 Game Farm Road Yorkville, Illinois 60560 IN WITNESS WHEREOF the undersigned parties have executed this agreement this day of , 200 . 123263/1 123263/1 DHUSE-PUD Agreement 18 CITY UNITED CITY OF YORKVILLE, An Illinois Municipal Corporation. By: Mayor Attest: City Clerk 123263/1123263/1DHUSE-PUD Agreement 19 OWNER/DEVELOPER WISEMAN-HUGHES INC. AN ILLINOIS CORPORATION BY: President ATTEST: Secretary 123263/1123263/1DHUSE-PUD Agreement 20 4 52 Wheeler Road • Sugar Grove,IL 60554 TEL: 630/466-9350 FAX: 630 /466-9380 www.eeiweb.com Engineering Enterprises, Inc. August 16, 2006 Mr. Joseph A. Wywrot, P.E. City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Re: The Townes of Windett Reserve P.U.D., Preliminary Plan Review United City of Yorkville, Kendall County, Illinois We have reviewed the following materials submitted to date for the referenced Preliminary Plan review: • Preliminary Engineering Plan: The Townes at Windett Reserve prepared by Smith Engineering Consultants consisting of 3 sheets dated July 21, 2006 • Preliminary Plat The Townes at Windett Reserve A Planned Unit Development prepared by Smith Engineering Consultants consists of 7 sheets dated July 14, 2006 • Plat of Annexation to the City of Yorkville prepared by Smith Engineering Consultants consisting of 1 sheet dated July 18, 2006 • ALTA/ASCM Land title Survey prepared by Smith Engineering Consultants dated January 21, 2003 • Zoning Exhibit prepared by Smith Engineering Consultants consisting of one sheet dated July 21, 2006 • Preliminary Stormwater Management Report prepared by Smith Engineering Consultants dated July 21, 2006 • Agricultural Existing Drain Tile Investigation of the Dhuse Parcel prepared by Huddleston — McBride Co. dated April 18, 2003 • Phase I Environmental Site Assessment prepared by Testing Service Corporation dated February 5, 2003 G:\Public\Yorkville\2003\Y00328 Dhuse Property(Wiseman-Hughes)\docskIwywrotPrelimPlan02.doc Consulting Engineers Specializing in Civil Engineering and Land Surveying • Preliminary Soils Exploration Report prepared by Testing Service Corporation dated February 10, 2003. • Phase I Archaeological Reconnaissance Survey prepared by Midwest Archeological Research Services, Inc. dated March 4, 2003. • Wetland Determination Letter prepared by Hey and Associates, Inc. dated May 27, 2003 • A Wetland Determination Response letter fro the Army Corps of Engineers dated July 22, 2003 indicating the absence of jurisdictional wetlands. We offer the following comments: GENERAL 1. Permits or Sign-offs should be obtained from the following agencies: a. (IDNR) Consultation Agency Action Report regarding endangered - threatened species or natural areas. b. (IHPA) Division of Preservation Services regarding Historic and Archaeological Resources. c. Yorkville-Bristol Sanitary District regarding Sanitary Sewer Facilities. d. (IEPA) Division of Water Pollution Control regarding Sanitary Sewer Facilities. e. (TEPA) Division of Public Water Supplies regarding water supply and distribution. f. (IEPA) Division of Water Pollution Control regarding a Notice of Intent (NOI) General permit to discharge storm water. g. Illinois Department of Transportation regarding access points to Route 47. We recommend that items a, b and g be received prior to Preliminary Plan approval. Items c, d, e and f will be required prior to the start of construction activities. 2. In compliance with NDPES requirements, a Stormwater Pollution Prevention Plan should be added to the Final Engineering Plan set. PRELIMINARY PLAN 3. A Site Data table should be provided which includes but is not limited to: Single-family lots: • Approximate dimensions and minimum lot areas in square feet • Number of lots and total areas • Proposed building Setback lines Townhomes: • Number of units, gross and net densities. • Open space areas • Proposed building setback lines G:\Pubtic\Yorkville\2D031YO0328 Dhuse Property(Wiseman-Hughes)\docs\IwywrotPrelimPian02.doc • Dedicated R.O.W. areas 4. A typical lot detail should be provided on the preliminary plan. 5. Proposed Route 47 improvements should be included in the plan. 6. Temporary turn arounds (hammer head) should be provided at all dead end roads with appropriate signage (including signage indicating that the roadway will be extended at a future date). 7. A temporary construction easement may be required along the north property line and Road D connection in the existing Windett Ridge Subdivision. 8. The requirement or lack of requirement for visitor parking in the townhome areas should be confirmed with the City staff. 9. (cover sheet) Site note No. 5 should be revised to indicate that the top of foundation should be 2 to 3 feet above the street centerline elevation at midpoint of lot such that a driveway grade shall not exceed 8%. 10. (sheet 2) The proposed sanitary gravity sewer extension along Route 47 should be called out as "YBSD" interceptor instead of"Com Ed". 11. (sheets 2&3) The proposed watermain connection to the existing watermain at Fairfax Way and Windett Ridge Road should be called out as proposed instead of future. 12. A separate water service line and sanitary sewer service line should be provided for each townhome unit in a building. Plans currently show one service line per building. 13. Please confirm the size of the sanitary service line. As a general rule, 6" service line doesn't need to be connected to a manhole. This would reduce the total number of manholes to be maintained by the City. 14. The proposed sanitary sewer size should be indicated on the plans. 15. The City ordinance requires the sanitary sewer should have a minimum of 8' cover. This requirement is not met in various locations. The plans should be revised accordingly. 16. Per City requirement, storm structure spacing should not exceed 300 feet. This requirement should be complied with at final engineering. G:\Public\Yorkviile\2003\Y00328 Dhuse Property(Wiseman-Hughes)\docs\IwywrotPrelimPtan02.doc 17. Sixteen (16) acres of area from the existing Windett Ridge Subdivision are proposed to be tributary to the proposed detention basin. Please provide additional information for the existing Windett Ridge subdivision, such as existing road centerline grades, proposed T/F elevations and storm structure rim and invert grades, etc. to facilitate review. 18. The proposed tributary area map shows a drainage divide along the centerline of Road D and then along the south ROW of Road A. From the preliminary grading at the intersection of Roads A, D & E, the drainage divide can't be achieved as proposed. Please provide detailed grading around this area and confirm the proposed ridge line. This should be resolved at preliminary plan, since this will affect sizing of the proposed detention basins. PRELIMINARY STORMWATER MANAGEMENT REPORT 19. The stormwater report indicates that the proposed detention basin will provide storage volume for about 16 acres of tributary area from the adjacent Windett Ridge Subdivision. However, based on the existing/proposed storm sewer system, water will be collected from more than 16 acres of the existing Windett Ridge Subdivision and discharged into the proposed detention basin by storm sewer. Please clarify this. 20. Detention volume should also be provided for the proposed U.S. Route 47 Road improvements, and any other off-site improvements necessary for the project. 21. Existing condition modeling should be provided to determine the existing peak flow. 22. The time increment used in the HEC-1 modeling should be reduced from 0.33 hr to 0.1 hr for lower rainfall event. Actual peak flow could be missed by using too large of a time increment. 23. One additional proposed condition modeling should be provided to include the depressional volume. Restrictor should be resized to make sure the full storage volume is utilized. • 24. A detention basin cross section detail should be provided on the preliminary engineering plan. The design of the detention facilities should comply with the City's Park Development Standards 25. We reserve comment on the adequacy of the proposed stormwater management system until such time that the above items are addressed. The Following should be provided in the Final Stormwater Management Report: G:\Public\Yorkvillee20031Y00328 Dhuse Property(Wiseman-Hughes)ldocs\iwywrotPrelimPlan02.doc 26. Storm sewer sizing calculations should be provided. 27. There should be cross-sections shown on the plans and depth of flow calculations for the emergency overland flow routes to demonstrate that the top of foundation and lowest opening of affected buildings are at least 1.5 feet above the water surface elevation (WSEL) created by the 100-yr storm. 28. There should be calculations that demonstrate that maximum road ponding requirements are met at overflow locations and major cumulative overland roadway flow routes. 29. The detention basin emergency overflow spillways should be appropriately sized along with supporting calculations. We recommend that a release rate of 1.0 cfs per tributary acre be maintained at a 6-inch depth of flow over the spillway elevation. PRELIMINARY PLAT 30. The property owner information west of Route 47 and southeast of the site in the northwest quarter of section 15 should be indicated. 31.The zoning for the property west of Route 47 and the property lying directly southeast of the site in the northwest quarter of section 15 should be indicated. 32.The names and widths of all platted streets in Windett Ridge Unit 1, lying within the graphical portion of this preliminary plat should be shown. 33. Building setback along the south and east lines of Lot 14, the north line of Lot 11, and the south line of Lot 13 should be labeled. 34.At the intersection of roads A and B, the acute centerline angle is less than 80 degrees and should be revised to be greater than 80 degrees. 35. Road B is mislabeled as Road A and should be corrected on sheet 2. 36. Public Utility and Drainage Easements should be provided along both sides of all right of ways, excluding those lots covered by blanket Public Utility and Drainage Easements. 37. The right of way radii at each intersection should be 25 feet and should be labeled. 38. Road E, having Lot 16 shown on the inside of it, is technically not a cul-de-sac and does not meet the minimum centerline horizontal curve radius requirement of 150 feet for local roads and should be revised. 39. Building setback lines should be shown and labeled for lot 18. G:\Public\Yorkville\20031YO0328 Dhuse Property Wiseman-Hughes)\docs\t 'wrotPrelimP1an02.doc 40. Road A is shown as a 70-foot right-of-way, therefore implying that it will be a minor collector. Due to the lack of direct east-west collectors in Windett Ridge we feel that this road will serve as the primary collector between Rte. 47 and Penman Road. We, therefore, recommend that the right-of-way be established at 80-foot width and that the standard collector cross-section be utilized. 41. Lots 11-16, 18, 19 and 20 should have Public Utility and Drainage Easements created to encompass the proposed underground utilities shown on the preliminary engineering plans. Additionally Public utility and Drainage Easements should be created along the side and rear property line of said lots. Alternately, these lots may be covered with blanket Public Utility and Drainage Easements. 42.Lot 17 should be designated as a Stormwater Management Easement. 43.The Land Use Summary Table should have the number added to the units column for the land use line"Retention, Open Space and School Park Site". 44.A note should be added stating the school districts which future residents of this subdivision would attend. Additionally, show any school district boundaries which traverse this subdivision. 45.The existing corporate boundary of the United City of Yorkville should be shown. 46.The east property line of Lot 19, the north property line of Lot 18 and east property line of Lot 17 should have dimensions added. 47.Lot 5 and Lot 6 should have dimensioning added for the block corner radii. 48.The minimum lot size (single family) notation should be changed from 12,000 sq. ft (minimum requirement per R-2 zoning) to 14,867 sq. ft. as the minimum shown in the Area Table. 49.The current zoning classification should be noted on the plat. ZONING EXHIBIT 50.The current zoning classification should be added to the exhibit. 51.The proposed R-2 Zoning legal description should be edited by removing the word "said" from the first line and inserting "Township 36, Range 7 East of the Third Principal Meridian" after the words "Section 9,". 52.The centerline of Route No. 47 legal description data should be added to the graphical portion of the exhibit. 53.A southerly boundary line dimension should be added for the segment which lies between the east line of the former railroad and the north-south boundary segment dimensioned 193.37'. G:1Public\Yorkville\2003\YO0328 Dhuse Property(Wiseman-Hughes)\docsUwywrotPrelimPlan02_doc PLAT OF ANNEXATION 54.The centerline of Route No. 47 legal description data should be added to the graphical portion of the plat. 55.A southerly boundary line dimension should be added for the segment which lies between the east line of the former railroad and the north-south boundary segment dimensioned 193.37'. 56.The current zoning classification should be added to the plat. 57.The Professional Land Surveyor Certificate, as presently shown, should be replaced with the developed language and format of the United City of Yorkville for the same certificate. 58.The City Clerk Certificate needs to be added to the plat. The United City of Yorkville's developed language and format for this certificate should be used. Conclusion Our review of this Preliminary Plan will continue as the above comments are addressed by the developer and the design engineer and additional information is submitted as requested. If you have any questions or require additional information, please contact our office. Sincerely, ENGINEERING ENTERPRISES, INC. William E. Dunn, P.E. Senior Project Manager Mark . Scheller, P.L.S. Project Manager pc: Mr. Bait Olson, Assistant City Administrator Mr. Travis Miller, Community Development Director Ms. Lynsey Kawski, Administrative Assistant Mr. Peter Huinker, PE, SEC Mr. James Hughes, Wiseman-Hughes, Inc. JWF, JTW, EEI G:\Public\Yorkville\2003\Y00328 Dhuse Property(Wiseman-Hughes)\docsllwywrotPrelimPianD2.doc PC A t)O( - ted <5.10.) c7 United City of Yorkville J. ,9 County Seat of Kendall County ' 800 Game Farm Road EST.ilki lila 1636 Yorkville, Illinois, 60560 .4 ` Telephone: 630-553-4350 O I X Fax 630-553-7575 9 c-u-. O 'f� "'"'+`"'"y $. Website: www.yorkville.il.us ''LE 'v'� August 17, 2006 To: Travis Miller X From: Anna B. Kurtzman, AICP & Rebecca Houseman ' �\ Subject: Zoning Review of the Towns at Windett Ridge Annexation/PUD Agreement, Preliminary Engineering Plan, Preliminary Plat, and Preliminary Landscape Plan dated July 21, 2006 After reviewing the annexation/PUD agreement, preliminary engineering plan, preliminary plat, and preliminary landscape plan for the proposed Towns at Windett Ridge residential subdivision for compliance with the zoning, sign, and landscape codes, staff had the following concerns: Annexation/PUD Agreement 1. In section 2 on page 4, the agreement states that the directional, promotional, and community identification signs shall be allowed within the interior of the subject property. The agreement must define these signs related to the definitions in the sign code. The agreement must also state the dimensions and locations of the signs. Please note that signs may not be located in any easements, within five feet of any property line, or within a 25-foot distance triangle if on a corner lot(8-11-8A). 2. In section 2 on page 4, the agreement states that the owner/developer shall be allowed to erect permanent and temporary signs. The agreement may want to note that both permanent and temporary sign permits will be needed before any sign construction (8-11- 4B-ld and 8-11-4B-1e). 3. Section 2 on page 4 mentions that the EDC will approve the placement of the model area within the development. Usually, the placement of the model area is proposed by the developer and approved by staff 4. Section 2 page 4 must state that the stone surface in place must be sufficient to support emergency equipment as approved by the Department of Building Safety and the Yorkville-Bristol Fire Protection District Staff. 5. Section 2 page 4 states that the applicant is seeking 320 square foot signs for both temporary and permanent signage. This exceeds the maximum allowable by the code (100 square feet) and the largest sign permitted through an annexation agreement (200 square feet). These should be noted as an exception to the city code and called out for city council approval in Exhibit C. T. Miller Towns at Windett Ridge August 17, 2006 Page 2 of 3 6. In section 2 on page 5, the agreement states that the owner/developer shall be permitted to construct and occupy a temporary office and sales trailer. The agreement may want to note that that a permit is required before the trailer may be occupied (8-8-2). The agreement should also note that the trailer shall make connections with City water and City sewer if available (8-8-1A). If City water and sewer are not available at the time of construction, the trailer shall use a septic tank(8-8-1B). 7. Section 2 on page 5 states that the office/sales trailer will be removed when 95 percent of occupancy permits have been issued. City language usually requires sales trailers/officers to be removed when 100% of sales are made. Dose the city want to accept this proposed language? 8. Section 2 on page 5 must state that a permit is required for the sales trailer and the storage trailers. Also, the location of the trailers must be outlined in the agreement. The agreement allows for eight storage trailers per phase. Does the City want to allow eight trailers for each phase of development? 9. Section 3 on page 5 locks in fees for five years. Staff does not recommend approving any locking in of fees. 10. In section 8A and 8B on page 8, the agreement outlines performance standards for the R- 2 One Family Residence District and the R-4 General Residence District. The agreement must note whether these are the variations to our zoning standards requested by the owner/developer or the City of Yorkville's zoning standards. If they are Yorkville's zoning standards, they must be changed to accurately reflect the standards set forth in the zoning code (10-6C and 10-6F). Further, section 1 on page 3 establishes Exhibit C as the list of deviations from the city code. If 8A and 8B are deviations, then they should be removed from page 8 and put into Exhibit C with the appropriate cross-references. Section 8 on page 7 also appears to indicate that the plat will conform to the city's codes. This confusion needs to be clarified. 11. Section 11 on page 9 states that the BOCA code will be used in construction. The BOCA code has not existed for years. This section should indicated that the Owner/Developer will be bound by the City's adapted building code in place at the time the applicant applies for the building permit. 12. Section 18 on page 13 locks in development standards, including building codes for more than 5 years. Typical annexation agreement language locks in ordinances for 5 years from the date of the execution of the annexation agreement. Staff does not recommend locking in building codes as this negatively impacts the City's ISO rating — including increasing insurance rates for all properties throughout the city. T. Miller Towns at Windett Ridge August 17, 2006 Page 3 of3 13. The City has an appearance code, and PUDs require architectural standards. The annexation agreement needs to include the architectural standards to be applied to this project. Preliminary Engineering Plan 1. The plan does not show where the garages are located in the R-4 portion of the subject property. From the location of the driveways, staff can safely assume that the garages are included in the townhome building footprint. However, please note that the code requires two enclosed parking spaces for each dwelling units for townhomes, and this requirement must be shown before the plan may be approved (10-11-4A). 2. The architectural renderings are needed to deter eine the fronts and rears of buildings to determine compliance with Section 2. The dimensions between the buildings are also needed to determine compliance with section 2 of the annexation agreement. The developer must verify that each building meets the standards set forth in the annexation agreement and in the box on the engineering plans. 3. The proposed townhome lots must be superimposed on engineering plans to make certain buildings are within lots. Preliminary Plat 1. The school/park site (lot 18) must show the building setback line for the proposed school and any other future improvements on the lot (11-3-4A-6). 2. The townhomes are being shown as lots, not exceptions to blanket easements (EBEs). Per section 2 of the annexation agreement and section 11-3-4A-G of the municipal code, building setback lines are to be shown on each lot. 3. Section 10-3-6 of the municipal code states that each residential lot has to abut a public street. There are lots within a lot on the plat. Preliminary Landscape Plan 1. Neighborhood signage is outlined on the Landscape Plan, but the details are not indicated anywhere else on the plan. In order for the location of the sign to be approved, the dimensions of the sign from the property lines and easements must be submitted. Please let me know if you have any questions or require additional information. rsh/abk CC: William Dettmer, CBO Lynsey Kawski John F. Philipchuck, Dommermuth, Brestal, Cobine &West, Ltd. S:\Rebecca\Yorkville\Annexation Agreement Reviews\Towns at Windett Ridge 7.31.06.doc