Ordinance 2005-002 200500032454
Filed for Record in
KENDALL COUNTY? ILLINOIS
STATE OF ILLINOIS ) PAUL ANDERSON
10-21 -2005 At 01:17 am.
)ss ORDINANCE 45.00
COUNTY OF KENDALL ) RHSP Sur ch ar e e 10.01 - 1
ORDINANCE NO. 2005 - OD-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF THIRD AMENDMENT TO ANNEXATION
AND PLANNED UNIT DEVELOPMENT AGREEMENT
(RAINTREE VILLAGE F/K/A THE HIGHLANDS SUBDIVISION)
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County, Illinois, that a certain Third Amendment to Planned Unit Development Agreement
pertaining to the development of the real estate described on Exhibit "A" attached hereto and
made a part hereof entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS, said Third Amendment to Planned Unit Development Agreement has been
drafted and has been considered by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready, willing and able to enter into said Third Amended Agreement and to
perform the obligations as required hereunder; and
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1: That the Mayor and City Clerk are herewith authorized and directed to execute,
on behalf of the City, the Third Amendment to Planned Unit Development Agreement concerning
the development of the real estate described therein, a copy of which Amendment to Planned Unit
Development Agreement is attached hereto and made a part hereof.
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Section 2: That this Ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
WANDA OHARE JOSEPH BESCO
. l
VALERIE BURD _� PAUL JAMES
LARRY KOT MARTY MUNNS
ROSE SPEARS — RICHARD STICKA
�J
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,
this day of A.D. 2005.
MA OR
PASSED by the City Council of the United City of Yorkville, Kendall County, Illinois this
V� day of k ck- c�_J� -c /� , A.D. 2005.
U
Attest: �_ �, L . ••_.®
CITY CLERK
••��• ..••`` ••.�•
orporat
Prepared by & Return to: ®Ai� CO�aV
Law Offices of Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
630.553.9500
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EXHIBIT LIST
Exhibit "N' - "Full" legal description
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STATE OF ILLINOIS )
)ss.
COUNTY OF KENDALL )
THIRD AMENDMENT TO ANNEXATION
AND PLANNED UNIT DEVELOPMENT AGREEMENT
(RAINTREE VILLAGE F /K/A THE HIGHLANDS SUBDIVISION)
NOW COMES, the UNITED CITY OF YORKVILLE, a Municipal Corporation, located
in the County of Kendall, State of Illinois, hereinafter referred to as "CITY ", and WYNDHAM
DEERPOINT HOMES, an Illinois Partnership, hereinafter referred to as
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"OWNER/DEVELOPER" and CONCORD HOMES, hereinafter referred to as "PETITIONER"
WITNESSETH
WHEREAS, WYNDHAM DEERPOINT HOMES has become the Successor -Owner and
Developer of Raintree Subdivision formerly known as The Highlands Subdivision, and the CITY
have previously entered into a Planned Unit Development Agreement for said Subdivision; and
WHEREAS, a portion of the subject real property designated in the attached Exhibit "A"
was zoned as a Planned Unit Development under the R -2d2 classification as defined by the
Untied City of Yorkville Zoning Ordinance providing for the construction of duplex residences;
and
WHEREAS, the Petitioner requests an Amendment to the First Amendment to
Annexation Agreement, Annexation Agreement and Planned Unit Development Agreement
executed on December 10, 2002 to allow the construction of townhomes in accordance with the
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Concept Plan for Unit 4 of the Raintree Village Subdivision, a copy of which is attached hereto
and incorporated herein by reference as "Exhibit B" and within the subject real property legally
described in Exhibit "A" attached hereto and incorporated herein by reference; and
WHEREAS, that after consideration by the United City of Yorkville Park Board,
Director of Parks and Recreation of the United City of Yorkville, and City Council the CITY
concluded this Second Amendment to the Amendment to Annexation Agreement, Annexation
Agreement and Planned Unit Development Agreement results in a net increase of eighteen
homes within the subject property; and
WHEREAS, Petitioner shall pay to the United City of Yorkville the amount of Twenty -
nine Thousand and 00 /100 dollars ($29,000.00) at the time of approval of Final Plat to satisfy the
increased land cash contribution required by the United City of Yorkville Land Cash Ordinance
resulting from the net increase of homes located within the subject property; and
WHEREAS, under the United City of Yorkville Land -Cash Ordinance, the CITY has the
right to elect to take cash in lieu of land and does agree to do so; and
NOW THEREFORE, in consideration of the mutual covenants and promises herein
contained the parties agree as follows:
1) INCORPORATION OF RECITALS: All parties hereto agree that the above
contained recitals are an integral part of this Agreement and hereby adopt those
recitals as part of this Agreement.
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2) REAL PROPERTY EFFECTED: This Amendment shall affect only the terms,
conditions, and general development plan as set out in the original Planned Unit
Development Agreement, the Amendment to Annexation Agreement, Annexation
Agreement and Planned Unit Development Agreement and as described in the
attached Exhibit "A" and depicted in the attached Exhibit `B ".
3) OWNER/DEVELOPER hereby is authorized to construct townhomes, on the site
described in the attached Exhibit "A" so long as said construction substantially
conformances with the Concept Plan attached hereto as Exhibit `B ".
4) The CITY agrees that OWNER/DEVELOPER shall pay the sum of Twenty -nine
Thousand Dollars and 00 /100 ($29,000.00) as the cash equivalent for land -cash
contributions in lieu of dedicating park land described in the attached Exhibit "A"
pursuant to the United City of Yorkville Land -Cash Ordinance at the time of Final
Plat.
5) AUTHORIZATION OF AMENDMENT: OWNER/DEVELOPER warrant that
the parties hereto have full and express authority to enter into an Amendment of
the original Planned Unit Development Agreement and the Amendment to
Annexation Agreement, Annexation Agreement and Planned Unit Development
Agreement recorded with the Kendall County Recorder of Deeds on January 28,
2003 as Document Number 200300002858.
6) RATIFICATION: All parties hereto agree that except to the extent performance
standards or other terms of the original Planned Unit Development Agreement
and the Amendment to Annexation Agreement, Annexation Agreement and
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Planned Unit Development Agreement have been amended herein, all other terms
of the original Planned Unit Development Agreement are hereby ratified, re-
published, and reconfirmed between the parties hereto and remain the agreement
of the parties. OWNER/DEVELOPER warrants that PETITIONER shall stand in
the position of a successor and assign of OWNER/DEVELOPER as to all rights
and liabilities accruing under the original Planned Unit Development Agreement
and the Amendment to Annexation Agreement, Annexation Agreement and
Planned Unit Development Agreement.
7) SEVERABILITY: Should any provision of this Annexation Amendment be
found to be unenforceable by a Court of competent jurisdiction, the remaining
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terms and conditions of this Amendment to Planned Unit Development
Agreement as well as the original Planned Unit Development Agreement shall
remain in full force and effect.
8) Notice until further notice shall be provided at the following addresses:
CITY: City Clerk
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
Copy to: Attorney Daniel J. Kramer
1107A S. Bridge St.
Yorkville, IL 60560
PETITIONER: Bill French
Concord Homes, Inc.
1540 E. Dundee Rd., Ste. 350
Palatine, II, 60074
9) TIME IS OF THE ESSENCE: Time is of the essence of this Agreement and all
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documents, agreements, and contracts pursuant hereto as well as all covenants
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contained in this Amendment shall be performed in a timely manner by all parties
hereto.
IN WITNESS WHEREOF, the undersigned parties have executed this Second
Amendment to Planned Unit Development Agreement this (l day of
2005.
CITY:
UNITED CITY OF YORKVILLE
By: , r
I t
Attester
Dated:
OWNER/DEVELOPER:
Wyndam Deerpoint Homes
An Illinois Limited Liability Corporation
By:
Attest: V
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l
Dated:
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PETITIONER:
CONCORD HOMES
y: K�
V y
Attest:
Date: Lo I
Prepared by:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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EXHIBIT LIST
Exhibit "A" - Legal Description
Exhibit `B" - Concept Plan for Unit 4 of Raintree Village
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EXHIBIT "A ".
THAT PART OF THE SOUTHWEST QUARTER OF SECTION 3 AND PART OF THE NORTHWEST QUARTER
OF SECTION .10, TOWNSHIP 36 NORTH, TOWNSHIP 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER
OF SAID SECTION 3, THENCE NORTH 00'03'41" EAST ALONG THE EAST LINE OF SAID SOUTHWEST
QUARTER, 775.42 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE NO. 126; THENCE
NORTHWESTERLY ALONG SAID CENTERLINE, BEING A CURVE CONCAVE SOUTHWESTERLY HAVING A
RADIUS .OF 6875.55 FEET AN ARC LENGTH OF 232.44 FEET, A CHORD BEARING OF NORTH
49'38'17" WEST AND A CHORD DISTANCE OF 232.43 FEET TO THE NORTHEAST CORNER OF
RAINTREE VILLAGE, UNIT THREE ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 19, 2004
AS DOCUMENT NO. 04- 23275; THENCE SOUTH 38 WEST ALONG THE SOUTHEASTERLY LINE
OF SAID UNIT THREE, 1716.64 FEET TO A POINT OF CURVATURE ON THE SOUTHERLY LINE OF
RAINTREE VILLAGE, UNIT TWO ACCORDING TO THE PLAT THEREOF QECORDED AUGUST 19, 2004 AS
DOCUMENT NO. 04- 23274; THENCE SOUTHWESTERLY' AND WESTERI Y ALONG A CURVE CONCAVE
P
ORTHWESTERLY HAVING A RADIUS OF 390.00 FEET, AN ARC LENGTH OF 341.45 FEET, A CHORD
, �BEARING. OF'SOUTH 634752" WEST AND A CHORD DISTANCE OF 330.65 FEET; THENCE SOUTH
8S'52'46" WEST ALONG THE SOUTHERLY LINE OF SAID UNIT TWO; 399.03 FEET; THENCE SOUTH
01'07'14" EAST, 776.,99 FEET TO THE NORTH LINE OF PARCEL ONE AS DESCRIBED BY DOCUMENT
?NO. 78 -2764, RECORDS OF KENDALL COUNTY; THENCE NORTH 88 EAST ALONG SAID
NORTH LINE, 1933.19 FEET TO THE EAST LINE OF THE NORTHWEST CORNER OF SECTION 10;
THENCE NORTH 00,'06'21" WEST ALONG SAID EAST LINE, 1306.62 FEET TO THE POINT OF
BEGINNING, IN THE UNITED CITY OF YORKWLLE, KENDALL COUNTY, ILLINOIS (CONTAINING 60.208 f
ACRES).
Site Data
Duplex Units = 38 (19 Lots) (23 %)
Townhomes = 128
Total = 166 (100%)
+ 2.14 Ac. Park Site
Townhome Design Standards:
Miinimum Distance, Building Front to R.O.W= 30 Ft. \ �
Minimum Distance, Building Rear to R.O.W. = 35 Ft.
Minimum Distance; T Gt'
Building to Building: \ ��
Side to Side = 25 Ft.
Side to Rear = 35 Ft. RETENTION N" f 2 s
Rear to Rear = 75 Ft.
� / \ 223
/ 224 222
225
221
/ \ \
/\ 227 \ 22� /� /'/ \ �`\ \ /
20
\ \
228
\ 2
/'
230 5s
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\ / / / /' /^• \ / / \ 2 j.� ,\ �' // • •� 2
\ 231 \ / /� t /" /� 25B \ /\\ /\ /)
\ / 232 \ \ /
257 250
2 56 UN'�T ,T
251 �•/ ,/ / 248 >,� 2
23� 255 / / / ' `•'�
l ✓ \ \ /\ .� 2M17
✓, \ \ \ \ 253
9 31 4 \
13 \ 24S/;
23h \
254 \ 5
140 235 \ ` / / V J�P 1( 2 0 �C
244 3/
/ / /•
,
156 \/ 154 \ \ / \\\ 141 236 ` f `��' / / /\ /, �9° 6 \
243
'\
157 X / 153 \ \ \ ` \ 142 \ ` 237 \ \A
\ 242
LO
238 \ \ N PARK
\ 156 152 143 2
\ \ �, r
\ \ \�` \ t 2.14 Ac. 1
\�NITO\ \ �� v \ /' \/' \ / / \� wo
151 \ 144. 239
7 ^ \
/ / \ \ \\ /' \ / 240 \ 0
�\ �\ 160 j I50\ c \ 145 7 / - �. 111— UNIT FOUR
\ I61 Id6
V' \ �/
/\ t4D \� �\'�/ \ // 2 \ / / �\ w0
,\ \/ \ 162 �/" 146 j \ �� /� Townhomes 9' / / 'WO
165 '; `\ `\ /
\ '
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183 w0
166
\ L IC / 0
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\ two
164
167
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wo "1 — Duplex Lott
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SCHOOL SITE \
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RETENTION
Revisions IJOb No, 3104 � Lennar
Scale Concept Plan
I MENLAND DESIGN INC
2300 Barrington Road, Suite 700 1 t
�Ocle 08 25 Hoffman Estates, Illinois 60195 Raintree Village - Unit Four ; PLANNING • LANDSCAPE ARCHITECTURE
p 5517 N. Cumberland, Suite 906•Chicogo, IL 60656
(630) 339 -4800 Yorkville, Illinois Ph: 773.763.3320 Fax: 773.763.3325 Email: Oload®amelitechnel