Ordinance 2005-042 200700001156
Filed for Record in
KENDALL COUNTYP ILLINOIS
PAUL ANDERSON
STATE OF ILLINOIS ) 01 -10 -2007 At 09:45 an.
) ORDINANCE 83.00
COUNTY OF KENDALL ) RHSF Surcharse 10.00
ORDINANCE NO. 2005- Lk a
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
SWANSON LANE ESTATES
WHEREAS, it is prudent and in the best interest of the UNITED CITY OF
YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining
to the annexation of real estate described on the Exhibit "A" attached hereto and made a
part hereof entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS, said Annexation Agreement has been drafted and has been considered
by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready, willing and able to enter into said Agreement and to perform the
obligations as required hereunder; and
WHEREAS, the statutory procedures provided in 65 ILCS 11- 15.1.1, as amended,
for the execution of said Annexation Agreement has been fully complied with; and
Pagel of 3
WHEREAS, the property is presently contiguous to the City
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY,
ILLINOIS, AS FOLLOWS;
Section 1: The Mayor and the City Clerk are herewith authorized and directed to
execute, on behalf of the City, an Annexation Agreement concerning the annexation of
the real estate described therein, a copy of which Annexation Agreement is attached
hereto and made a part hereof.
Section 2: This ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
I
I
WANDA OHARE t JOSEPH BESCO
VALERIE BURD PAUL JAMES
DEAN WOLFER MARTY MUNNS
. ROSE SP
EARS JASON LESLIE C�
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this �C) Day of , A.D. 2005.
r
MAYOR
Page 2 of 3
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this \ day of _ , A.D. 2005.
TS
ATTEST:
CITY CLERK
Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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Page 3 of 3
STATE OF ILLINOIS )
SS.
COUNTY OF KENDALL )
ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF
SWANSON LANE ESTATES
This Annexation and Planned Unit Development Agreement (hereinafter "Agreement "),
is made and entered into this in day of May, 2005 by and between the UNITED CITY
OF YORKVILLE, a municipal corporation, hereinafter referred to as CITY, and Gordon and
Marcia Swanson hereinafter referred to as "OWNER/DEVELOPER."
WITNESSETH:
WHEREAS, OWNER/DEVELOPER owns fee simple interest to the real property which
is legally described in Exhibit "A" attached hereto, consisting of approximately 14.96 acres,
more or less (hereinafter "PROPERTY "); and which is depicted in the Final/Preliminary Plat of
Planned Unit Development (the "Final Plat ") which is attached hereto and incorporated herein as
Exhibit "B," and
WHEREAS, the PROPERTY is contiguous to the corporate boundaries of the CITY; and
is not located within the corporate boundaries of any other municipality;
WHEREAS, a portion of the PROPERTY is classified as flood plain; and
WHEREAS, the CITY and OWNER/DEVELOPER agree said Planned Unit
Development as shown on the Final Plat consisting of a 6 lot subdivision with the Estate Class
One Zoning Use shall be exclusively for a residential subdivision; and
WHEREAS, it is the desire of CITY and OWNER/DEVELOPER to annex the
PROPERTY and provide for the orderly development of the PROPERTY and to develop the
PROPERTY in the CITY in accordance with the terms of this Agreement and the Ordinances of
the CITY; as a Planned Unit Development establishing a unique open space character and to
provide for the orderly flow of traffic in the development and to adjoining real property; and to
provide rezoning to a Estate Class One Zoning Use; and
WHEREAS, it is the desire of the CITY and OWNER/DEVELOPER to enter into this
Agreement and facilitate development of the PROPERTY pursuant to the terms and conditions
of this Agreement and the Ordinances of the CITY; and
WHEREAS, OWNER/DEVELOPER and CITY has or will perform and execute all acts
required by law to effectuate such Agreement; and
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WHEREAS, all notices required by law relating to the annexation of the PROPERTY to
the CITY and rezoning of the PROPERTY have been given to the persons or entities entitled
thereto, pursuant to the applicable provisions of the Illinois Compiled Statutes; and
WHEREAS, the Corporate Authorities of the CITY have duly fixed the time for a public
hearing on this Agreement and pursuant to legal notice have held such hearing thereon all as
required by the provisions of the Illinois Compiled Statues; and
WHEREAS, the Corporate Authorities, and the Plan Commission of the CITY have duly
held all public hearings relating to this Agreement all as required by the provisions of the CITY's
Ordinances and Illinois Compiled Statutes; and
WHEREAS, the OWNER/DEVELOPER and CITY agree that upon execution the this
Agreement the subject PROPERTY shall be designated a Planned Unit Development with an
Estate Class One Zoning Use; and
WHEREAS, the OWNER/DEVELOPER agrees to make landscaping improvements
consistent with the Landscaping Plan prepared by Don Halanika and Associates which is
attached hereto as Exhibit "C" (the "Final Landscaping Plan"); and
WHEREAS, the OWNER/DEVELOPER agrees to make certain engineering
improvements consistent with the engineering plans prepared by Landmark Consulting, P.C.
attached hereto as Exhibit "D" (the "Final Engineering," and together with the Final Plat and the
Final Landscaping Plan, the "Final Plans ").
WHEREAS, in reliance upon the development of the PROPERTY in the manner
proposed, OWNER/DEVELOPER and the CITY have agreed to execute all Ordinances and
other documents that are necessary to accomplish the annexation and rezoning of the
PROPERTY.
NOW, THEREFORE, in consideration of the mutual covenants, agreements and
conditions herein contained, and by authority of and in accordance with the aforesaid statutes of
the State of Illinois, the parties agree as follows:
A. That the PROPERTY shall be annexed to the CITY and that the development of said
property shall be consistent with the terms of this Agreement including the Final Plans.
OWNER/DEVELOPER shall pay the fees set forth on Exhibit E. As a condition of approval of
this Agreement and the recording of the Final Plat, OWNER/DEVELOPER shall permit the
CITY Building and Zoning Department to inspect the PROPERTY to determine the
improvements to be completed.
B. OWNER/DEVELOPER, except to the extent varied by this Agreement, including the
Exhibits hereto, agree that PROPERTY's development shall comply with all requirements as set
out in the United City of Yorkville Zoning Ordinance and Subdivision Control Ordinance at the
time of' execution of thus Agreement. No change in the United City of Yorkville Zoning
Ordinance, Subdivision Control Ordinance, City Reimbursement of Consultants and of Review
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Fees Ordinance, and City Development Fee, which have been enacted subsequent to the
execution of this Agreement shall alter the lot sizes, setbacks, perfbrmance standards, or other
standards or requirements for this Development as set forth herein or as provided in the
Ordinances in effect at the time of execution of the Agreement. Purchasers of individual lots
with the Planned Unit Development, however, will be bound by changes in building codes,
building material changes and the like that may be enacted by the CITY, so Iong as the same are
applied in a nondiscriminatory manner throughout the CITY. The City agrees that should the
United City of Yorkville revise, alter or otherwise modify the parking requirements contained in
its Zoning Ordinance to provide for a reduction from the standard as of the date of this
Agreement, the City will allow the OWNER/DEVELOPER to comply with reduced standard.
C. Utilities and Public Irnt)rovements. That on -site infrastructure construction and
engineering within the Planned Unit Development shall be governed by the standards contained
in the Yorkville Subdivision Control Ordinance and other applicable Ordinances unless
specifically addressed in the following, in which case this Agreement shall control, to wit:
1. Roadway right -of -ways, widths of streets, and roadway construction
standards shall comply with the requirements as set out on the Final Plans including
specifically (but not to limit the totality of items shown on the Final Plat and Final
Engineering) the following:
- -- Swanson Lane shall be a private road, and therefore lots
shall not be required to abut a "public street ";
- - -The width of Swanson Lane will be narrower than required
by City Ordinance;
- -- Swanson Lane shall not have sidewalks, or a paved trail; and
- -- Boomer Road shall be narrower than required by City Ordinance.
Notwithstanding the foregoing, OWNER/DEVELOPER agrees that the CITY shall
insepect the condition of Boomer Road at the time that the water main serving the
PROPERTY is installed across and under Boomer Road. In the event that the CITY
reasonably determines that Boomer Road does not have an adequate base,
OWNER/DEVELOPER shall make additional improvements to the Roadway,
including widening it to twenty (20) feet. To provide for the maintenance of
Swanson Lane, the OWNER/DEVELOPER shall record a Declaration of Covenants
encumbering each lot with the financial obligation to maintain the entire road (both
jointly and severally) and the Declaration will further provide that the Homeowners
will agree to enter into a Special Service Area Agreement in a form acceptable to the
City in the event that the Homeowner's Association fails to maintain the roadway.
2. SANITARY SEWER FACILITIES:
OWNERIDEVELOPER shall not be required to connect to the sanitary sewer system
adjacent to the PROPERTY, and shall be permitted to use septic fields or mechanical
sewer systems for each residence upon engineering for same on a lot by lot analysis
according to best standards for such systems, and giving primary consideration to the
close proximity of Blackberry Creek for each system, and upon obtaining a license
for each system from the Kendall County Health Department.
OWNER/DEVELOPER acknowledges that CITY cannot issue a building permit until
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a copy of the Kendall County Health Department permit is tendered,
OWNER/DEVELOPER is hereby made responsible for notifying subsequent lot
owners of this requirement.
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3. In the event the CITY requires OWNER/DEVELOPER to oversize water mains,
sanitary sewer mains, or storm sewer lines, the parties shall enter into a written
agreement specifically providing that said costs shall be reimbursed by the CITY, or
be the subject of a Recapture Agreement and Recapture Ordinance in favor of
OWNER/DEVELOPER before OWNER/DEVELOPER is required to perform any
over sizing.
4. CITY acknowledges that no storm water detention will be required because
sufficient open space and vegetation exist (or will be added pursuant to the
Landscaping Plan) so that no detention facility shall be necessary.
OWNER/DEVELOPER will conform with the landscape maintenance guidelines
attached hereto as Exhibit F.
5. That off -site improvements for the provision of water and other utility and
infrastructure services shall be provided by OWNER/DEVELOPER according to the
City Subdivision Control Ordinance. After the installation of improvements by
OWNER/DEVELOPER, the United City of Yorkville shall deliver to the subdivision
site potable water characterized by such minim flows and pressures as required by
the Illinois Environmental Protection Agency.
6. OWNER/DEVELOPER and CITY agree that easements are necessary for off site
improvements to serve said property with utility and municipal services. The United
City of Yorkville hereby agrees to use its best efforts, including condemnation, to
assist the OWNER/DEVELOPER in the acquisition of easements or permission to
use easements from Kendall Township, Kendall County, the State of Illinois.
s as ty,
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The actual cost of acquisition of any easement shall be at the expense of
OWNER/DEVELOPER.
7. Easements will be dedicated as shown on the Final Plat and Final Engineering and
will vary from the subdivision code for lots bordering Blackberry Creek. The
Swanson Lane ingress /egress easement shall also include additional easements for
the installation and maintenance of public utilities.
8. As depicted on the Final Plat, a Floodplain Management and Conservation
Easement (the "Conservation Easement ") will be dedicate on a portion of the
PROPERTY. Development and construction of improvements within the
Conservation Easement will prohibited as set for on the Final Plat. The Declamation
of Covenants shall provide that the individual lot owners shall each have the rights
to enforce the restrictions. In addition OWNER/DEVELOPER shall enter into an
agreement with an independent third -party who will be granted enforcement rights.
Such agreement will also provide that the third -party will do maintenance and
preservation activities within the Conservation Easement. OWNER/DEVELOPER
will obtain the consent of the CITY to any proposed third- party. The CITY hereby
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consents to the OWNER/DEVELOPER entering into an agreement with either the
Conservation Foundation or the Kendall County Forest Preserve District.
D. Zoning
1. Setbacks will be as shown on the Final Plat.
2. OWNER/DEVELOPER shall be allowed a maximum height of 35' which is in
variance with the City ordinance which limits building height to 25'. The additional
height is consistent with the luxury homes which will be built on the site pursuant to
the subdivision covenants which require a minimum home size of 2,500 square feet.
E. The Planned Unit Development being approved, as part of this Agreement shall be
constructed in substantial conformance with the Final Plans. Deviations from the characteristics
of the Final Plat shall be allowed only if approved by majority vote of the City Council, or upon
City Engineer's approval as to technical parts of the Final Engineering. The
OWNEWDEVELOPER agrees that prior to the issuance of any building permit the site will
conform to the CITY Landscape Plan and the CITY's Landscape Ordinance, except that no trees
shall be required because of the heavily wooded nature of the PROPERTY.
F. ADnroval of Final PIans. The Final Plans are hereby approved. OWNER/DEVELOPER
shall cause the Final Plat to be duly recorded with the Kendall County Recorder's Office
provided OWNEWDEVELOPER complies with applicable CITY regulations pertaining to (i)
the payment of applicable fees to the CITY as provided for in this Agreement and (ii) the
procurement of such approvals as may be required by other governmental authorities with
jurisdiction thereover.
G. 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, building requirements, official plan, and related restrictions, as they
presently exist, except as amended, varied, or modified by the terms of this Agreement, shall
apply to the Subject Property and its development for a period of ten (10) years from the date of
this Agreement except to the extent this would affect the United City of Yorkville ISO Insurance
Policy in which case said changes would be applicable to OWNER/DEVELOPER 90 days after
passage by the City Council, so long as said changes are applied uniformly throughout the City .
Any Agreements, 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 DEVELOPER during said ten (10) year period. After said ten (10) 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
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superior governmental authority, such ordinance or regulation shall apply to the Subject Property
and be complied with by DEVELOPER, provided, however, that any so called "grandfather"
provision contained in such superior governmental mandate which would serve to exempt or
delay implementation against the Subject Property shall be given full force and effect.
H. PROCEDURE FOR ACCEPTANCE OF ANY PUBLIC IlvIPROVEMENTS.. The public
improvements constructed as a part of the development shall be accepted by the CITY pursuant
to the provisions of the Subdivision Ordinance. The CITY shall exercise good faith and due
diligence in accepting said public improvements following DEVELOPER's completion thereof
in compliance with the requirements of said ordinance, and shall adopt the resolution accepting
said public improvements not later than thirty (30) days following the approval of the as built
plans.
I. GENERAL PROVISIONS.
Enforcement. This Agreement shall be enforceable in the Circuit Court of
Kendall County by any of the parties or their successors or assigns by an
appropriate action at law or in equity to secure the performance of the covenants
and agreements contained herein, including the specific performance of this
Agreement. This Agreement shall be governed by the laws of the State of Illinois.
Successors and Assigns. This Agreement shall inure to the benefit of and be
binding upon the OWNER/DEVELOPER. and their successors in title and
interest, and upon the CITY, and any successor municipalities of the CITY. It is
understood and agreed that this Agreement shall run with the land and as such,
shall be assignable to and binding upon subsequent grantees and successors in
interest of the OWNER/DEVELOPER and the CITY. The foregoing to the
contrary notwithstanding, the obligations and duties of OWNER/DEVELOPER
hereunder shall not be deemed transferred to or assumed by any purchaser of a lot
improved with a dwelling unit who acquires the same for residential occupation,
unless otherwise expressly agreed in writing by such purchaser.
This Agreement contains all the terms and conditions agreed upon by the parties
hereto and no other prior agreement, regarding the subject matter hereof shall be
deemed to exist to bind the parties. The parties acknowledge and agree that the
terms and conditions of this Agreement, including the payment of any fees, have
been reached through a process of good faith negotiation, both by principals and
through counsel, and represent terms and conditions that are deemed by the
parties to be fair, reasonable, acceptable and contractually binding upon each of
them.
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Notices. Any notices required hereunder shall be in writing and shall be served
upon any other party in writing and shall be delivered personally or sent by
registered or certified mail, return receipt requested, postage prepaid, addressed as
follows:
If to the CITY: United City of Yorkville
Mayor Arthur F. Prochaska, Jr.
6
800 Game Farm Road
Yorkville, IL, 60560
With a Copy to: United City of Yorkville's Attorney
John ,Tustin Wyeth
Wyeth, Heitz & Bromberek
300 East Fifth Avenue, Suite 380
Naperville, IL 60560
If to the DEVELOPER/
OWNER: Gordon and Marcia Swanson
t
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Or to such other addresses as any party may from time to time designate in a
written notice to the other parties.
Severabilitv. This Agreement is entered into pursuant to the provisions of
Chapter 65, Sec. 5111- 15.1 -1, et seq., Illinois Compiled Statutes (2002). In the
event any part or portion of this Agreement, or any provision, clause, word or
designation of this Agreement is held to be invalid by any court of competent
jurisdiction, said part, portion, clause, word or designation of this Agreement shall
be deemed to be excised from this Agreement and the invalidity thereof shall not
effect such portion or portions of this Agreement as remain. In addition, the
CITY, OWNER/DEVELOPER shall take all action necessary or required to fulfill
the intent of this Agreement as to the use and development of the Subject
Property.
Agreement. This Agreement, and any Exhibits or attachments hereto, may be
amended from time to time in writing with the consent of the parties, pursuant to
applicable provisions of the City Code and Illinois Compiled Statutes. This
Agreement may be amended by the CITY and the owner of record of a portion of
the Subject Property as to provisions applying exclusively thereto, without the
consent of the owner of other portions of the Subject Property not affected by
such Agreement.
Conveyances. Nothing contained in this Agreement shall be construed to restrict
or limit the right of the OWNEWDEVELOPER to sell or convey all or any
portion of the Subject Property, whether unproved or unimproved.
Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and
resolutions necessary to permit the OWNER/DEVELOPER, and their successors
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or assigns, to develop the Subject Property in accordance with the provisions of
this Agreement, provided said ordinances or resolutions are not contrary to law.
The CITY agrees to authorize the Mayor and City Clerk to execute this
Agreement or to correct any technical defects wlvch may arise after the execution
of this Agreement.
Term of Agreement. The term of this Agreement shall be for ten (10) years. In
the event construction is commenced within said five year period all of the terns
of this Agreement shall remain enforceable despite said time limitation, unless
modified by written agreement of the CITY and DEVELOPER/OWNER.
Cautions and Paragraph Headings. The captions and paragraph headings used
herein are for convenience only and shall not be used in construing any term or
provision of this Agreement.
Recording. This Agreement shall be recorded in the Office of the Recorder of
Deeds, Kendall County, Illinois, at the expense of OWNER/DEVELOPER.
Recitals and Exhibits. The recitals set forth at the beginning of this Agreement,
and the exhibits attached hereto, are incorporated herein by this reference and
shall constitute substantive provisions of this Agreement,
Counterparts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the
same document.
No Moratorium. The CITY shall not limit the number of building or other
permits that may be applied for due to any CITY imposed moratorium and shall in
no event unreasonably withhold approval of said permits. Nothing contained
herein shall effect any limitations imposed as to sanitary sewer or water main
extensions by the Illinois Environmental Protection Agency, or Yorkville- Bristol
Sanitary District.
Time is of the Essence. Time is of the essence of this Agreement and all
documents, agreements, and contracts pursuant hereto as well as all covenants
contained in thus Agreement shall be performed in a timely manner by all parties
hereto.
Exculpation. It is agreed that the CITY is not liable or responsible for any
restrictions on the CITY's obligations under this Agreement that may be required
or imposed by any other governmental bodies or agencies having.jurisdiction over
the Subject Property, the CITY, the OWNER/DEVELOPER, including, but not
limited to, county, state or federal regulatory bodies.
Q
IN WITNESS THEREOF, the undersigned have hereunto set their hands and seals this
/Q day of May, 200
UNITED CITY OF YORKVILLE,
Kendall County Illinois
By: ..��
i
MA OR
i
Attes • � _ _
�� CITY �LERK
OWNER/DEVELOPER:
l
OFFICIAL SEAL
ANNETTE WILLIAMS
NOTARY PUBLIC - STATE OF ILLINOIS
Attest MY COMMISSION EXPIRES:12113108 p �,t.✓
Dated: // /,30/0 6
EXHIBIT A Legal Description
EXHIBIT B Final Plat
EXHIBIT C Final Landscaping Plans V/
EXHIBIT D Final Engineering /
EXHIBIT E Statement of Fees`V
EXHIBIT F Landscape Maintenance Guidelines
0
X9.2004 10:438M City of Yorkville
630- 55 - 7575
p.3
Exhibit A
LeM DescriQtian
THAT PART OF THE NORTH HALF" OF SECTION 21, TOWNS
FAST OF THI= THIRD PRINCIPAL, FnP 37 NORTIT; RANGE 7
AT A POINT ON THE ORIGINAL mIAI� DESCRIBID AS FOLLOWS: BEGDMMG
STATION ROAD AT
ORIGINAL CENTE TIE LINE OF TIM .BRISTOL AND BRISTOL SUBDIVISION ACCORDING TO TIC PLAT TF�1tEOF RIVER OF BLACKBERRY C REEK
1988 AS DOCUMENT NO. 885I04� RECORDED b1rr 1 bMBER 222
SECONDS EAST ALONG SAID OLD CNTERQ 06 DEGREES 30 00
DEGREES 23 MNUTES 10 SECONDS EAST ALONG SAID FEET; THENCE NORTH 06
TO A POINT ON TIM SOUTH LINE OF "BLACKBERRY C j 'b 414.85 .FEET
KENDALL COUNTY, ILLINOIS" g SUBDIVISION, EXTENDED yy� NORM YORKVILLE
NORTH 85 DEGREES 39 MDRJI�S 37 SECONDS EAST STD SOUT LIN
T HENC E '
DISTANCE OF 260.19 FEET• TH ALONG SAID
WEST, PARALLEL WITH THENCE SOU 06 DEGREES 23 MINUTES A
BRISTOL STATION ROAD Z 8 ORIGIN T C E NTE RLINE OF TIC B�STOL AND
10 SECC)N
03 SECONDS EAST, 225.40 FEET ' NORTH 86 DEGREES 30 E5
SECONDS EAST, PARALLEL WITH SAID CE NORTH 06 DEGREES 23 A4INUTES I()
TO SAID SOUTH LINE OF BLACKBERRY C INT CENTERLINE, A DISTANCE 11 67 FEET
NORTH 85 DEGREES 39 RTH SUBDIVISION; THENCE
39 DE Z8 NRgUTES 37 SECONDS EAST, 575.00
D4 GREES 45 DES 49 SECONDS EAST, 594.27 FEET•' ONCE SOU'ITI
t['MS, 38 SECONDS WEST, 126.0 NORTH 77 MINUTFS ' THENCE
22 SECONDS WEST, 44.00 FEET TO SET; ONCE S OUTH 12 DEGREES
$ CKBERRy t- K SUBDIVISION TBE NORT><IERL,Y LINE OF SAID
SECONDS WEST ALONG SAID NOR ' THENCE SOUTH 42 DEGREES 46
F B EES 55 MINUTES 57 SECONDS WEST � G SAID FEET NORTH 83
RTES 03
N -ET, T Ly E NORTH 28 DEGREES 05 TI NCE N LINE'
n�11WTES 56 SECONDS 127.0
LINE, 180.00 MEET; THENCE NORTH 89 DEGREES WEST 30 MMUTES 4 SAID
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ALONG SAID NOR _
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NORTHERLY LINE, 211.00 FEET; TI�NC NORTH ES 7 SECONDS WEST ALO G SAID
SECONDS WEST ALONG SAID ' THEN E LINE , 220.00 DEGREES 40 MINUTES 52
B EGINNING IN BRISTOL TOWNSHIP, KENDALL CO FEET 40 TO
THE POINT' OF
CONTAINING 13.752 ACRES. �TY � -1NOIS AND
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ENGINEERING DEVELOPMENT PLANS FOR `'� : ' 1 =�`�,
is S wanson Lane Estates
YORKVILLE, ILLINOIS, a ou° -0 -0„ 6
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DEVELOPER 9 FI J
GORDON SWANSON wp SHEET INDEX
P. 0. BOX 14
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BRISTOL, IL 60512 1. COVER SHEET o i 5
p'- : _ - 2. SPECIFICATIONS °s
Phone: (630) 553 - 0773 �
3. GRADING AND EROSION CONTROL
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VICINITY MAP O S. PLAN AND PROFILE
6. PLAN AND PROFILE
7. DETAILS
LEGEND W
ENGINEER = _ BENCHMARK
Landmark ConsulGng,P.C. = o 1)FTMARM- 17- C14SUMSQUARE ON „
25030 Ramm Drive EAST%MGWAI TAI
OFSEROUTE47
c o ° h1 BRIDGE OVER BIACKMRV CREEK f a e
Naperville, IL 60564 T
- EL =629.20
Phone: (630) 692-1140 2)CR`SSEn SQUARE LOCATMATTHF
SOUTHERLY MOST CORNER OF
CONCRETE DRNE OF EXISTING a
Fax: (630) 5665615 0 �- a i RTSDEMCE LOCATED ON PROPOSED
Email: petersonmarshall @earthlink.net o u `� - -- LOT4
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EXHIBIT E
SWANSON LANE ESTATES
FEES PER UNIT
A paid receipt from the School District Office, 602 -A Center Parkway
Yorkville, must be presented to the City prior to issuance of permit $3,000
Separate Yorkville - Bristol Sanitary District fee - made payable to Y.B.S.D. $1,400
United Citv of Yorkville Fees
1. Building Permit
Cost $650 plus $0.20 per square foot $650 + $0.20(SF)
2. Water Connection Fees SF and DU $2,660
2 + Bed Aft N/A
3. Water Meter Cost Detached Units $250
Attached Units N/A
4. City Sewer Connection Fees $2,000
5. Water and Sewer Inspection Fee $25
6. Public Walks /Driveway Inspection Fee $35
7. Development Fees
Public Works $700
Police $300
Building $150
Library $500
Parks & Recreation $50
Engineering $100
Bristol- Kendall Fire $1,000
Development Fees Total $2,800
8. Land Cash Fees Apartment Townhome Duplex Single Family
Park N/A N/A N/A $3,000.00
School N/A N/A N/A $4,780
Land -Cash Fees Total $0.00 $0.00 $0.00 $7,780.48
I
9. Road Contribution $2,000
10. Weather Warning Siren Fee $75 /acre $1,098
$75 x 14.645 = $1,098
COUNTY OF KENDALL )
ss.
STATE OF ILLINOIS )
SWANSON LANE ESTATES
DECLARATION OF PROTECTIVE COVENANTS
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
Conditions, Covenants, Restrictions and Reservations affecting the property of:
GORDON R. SWANSON and MARCIA R. SWANSON, Owners and Developers (hereinafter
called "Owners /Developers ") and all subsequent owners, their successors, heirs and assigns.
I
THIS DECLARATION, made this 14th day of February, 2006, by Owners /Developers, GORDON
R. SWANSON and MARCIA R. SWANSON of the subject property; known as " SWANSON
LANE ESTATES"
WITNESSETH:
WHEREAS, GORDON R. SWANSON and MARCIA R. SWANSON are the
Owners /Developers of the real property described in Article I of this Declaration, and are desirous
of subjecting said real property to the conditions, covenants, restrictions and reservations herein set
forth, each of which is for the benefit of the developer and for said property, and which shall inure
against and to the benefit of and pass with said property and each and every parcel thereof.
NOW THEREFORE, Owners /Developers hereby declare that the real property described in
Article I hereof is, and shall be, held, sold, transferred, conveyed and occupied subject to the
conditions, covenants, restrictions, and reservations (hereinafter referred to collectively as
"Covenants ") herein set forth.
ARTICLE I
PROPERTY SUBJECT TO THIS DECLARATION
The real property which is, and shall be held, sold, transferred, conveyed and occupied
subject to the Covenants herein contained is located in the Subdivision of SWANSON LANE
ESTATES and located in the United City of Yorkville, Kendall County, Illinois, and is more
1
particularly described as follows: to -wit: Lots 1, 2, 3, 5 and 6 of SWANSON LANE ESTATES,
the United City of Yorkville, Kendall County, Illinois. Further, Lot 4 of Swanson Lane Estates in
the United City of Yorkville shall be subject to these covenants and the owner of the same shall
sign and acknowledge the same. Additionally, the property owned by Michael Skopec located
between Lot 1 and Lot 2 of Swanson Lane Estates shall be subject to and part of these covenants
and association as acknowledged by the owner. The physical structures built and existing on Lot 4
and owned by Gordon and Marcia Swanson and the Skopec property are exempted from the
requirements of Article IV as they pre -exist the effective date of these Covenants.
ARTICLE II
GENERAL PURPOSES OF THIS DECLARATION
The real property in Article I hereof is subject to the covenants hereby declared to insure
proper use and development of the subject property; to recoup advanced development costs; and to
protect the owners of property herein against such use of surrounding lots as may depreciate the
value of their property; in general to preserve the general welfare, health, safety and desirability of
the land as a residential area.
ARTICLE III
DEFINITIONS
The following words when used in this Declaration shall have the following meanings:
1. ASSOCIATION: The Homeowner's Association for SWANSON LANE
ESTATES, an Illinois not for profit corporation created and incorporated by the
Declarants, or such other name as may be selected by the Declarants. A
Homeowner's Association shall be set up with full powers to assess cost, fees, and
dues as provided therein under the name " SWANSON LANE ESTATES
HOMEOWNER'S ASSOCIATION ", which shall encompass all dwelling units
within the Subdivision being developed therein.
2. BASEMENT: A portion of a Dwelling Unit in which not less than two- thirds (2/3)
of its floor to clear ceiling height is below the average grade of the adjoining
ground at the front elevation.
3. BOARD: The Board of Directors of the Association.
4. BUILDING: Any roofed structure intended for shelter, housing, or enclosure of
any person, animal or chattel.
5. COMMITTEE: The Architectural Control Committee described in Article VI
hereof.
2
6. COUNTY: The County of Kendall, a body politic of the State of Illinois.
7. CITY The United City of Yorkville, a body politic of the State of Illinois.
8. DECLARANTS: GORDON R. SWANSON and MARCIA R. SWANSON as
"Owners /Developers ".
9. DECLARATION: This Declaration of Covenants, Conditions and Restrictions.
10. DEVELOPERS: GORDON R. SWANSON and MARCIA R. SWANSON or their
successors.
11. DWELLING UNIT: That portion of a single family dwelling.
12. FINAL PLAT: The final plats of subdivision for SWANSON LANE ESTATES
will be recorded with the office of the Kendall County Recorder of Deeds upon
passage, signature, and approval by the United City of Yorkville and all applicable
governmental bodies.
13. IMPROVEMENTS: The buildings, outbuildings, roads, driveways, pedestrian
walkways, car parking areas, parking areas, outdoor lighting, fences, screening
walls and barriers, retaining walls, stairs, decks, windbreaks, hedges, lawns, lakes,
sidewalks, planted trees and shrubs, plantings, poles, signs, loading areas, storage
areas, service yards, waste refuse disposal areas, and all other structures or
landscaping improvements of every type and kind.
14. LIVING SPACE: The total interior square footage of a Dwelling Unit measured on
a horizontal plane for each story, calculated by using the outside dimensions of
such dwelling unit, exclusive of porches, garages, uninhabitable storage areas and
basements.
15. LOT A subdivided lot located within the Subject Property as established pursuant
to the Final Plat, or any portion of a subdivided lot established by legal division as
a part of the Conveyance of a Dwelling Unit.
16. LOT OWNERSHIP: Fee simple ownership of a Lot.
17. MORTGAGE: Either a Mortgage or.Deed of Trust creating a lien against a portion
of the Property given to secure an obligation of an owner of any portion of the
Property.
18. OCCUPANT: A person or persons, other than owner, in possession of a dwelling
unit.
19. OWNER: A person or persons whose estates or interests, individually or
collectively, at any time, constitute an aggregate fee simple ownership in a Lot.
The word "Owner" shall also mean and refer to the Declarant as to any lot
ownership, where title is held by the Declarant, or its nominee or agent. The word
"Owner" shall not, however, notwithstanding any applicable provision of any
mortgage, mean or refer to a mortgagee or any persons having interest in any lot
ownership merely as security for the performance of an obligation unless and until
such mortgagee or other holder of a security interest has acquired title pursuant to
3
foreclosure or by a deed in lieu of foreclosure. The word "Owner" shall include
heirs or devises of a record owner who is deceased.
i
20. PERSON: A natural person, corporation, partnership, trustee or other legal
capable of holding legal title to the real estate.
21. SINGLE FAMILY DWELLING: Any building within the Subject Property
consisting of a dwelling.
22. STORY: That portion of a building other than a basement included between a
floor and the top surface of the next floor or roof above, except a space used
exclusively for the housing of mechanical services of the building shall not be
construed to be a story if access to such space may be had only for maintenance and
such services. Except as provided for herein, a mezzanine floor shall be counted as
a story when it covers over one -third of the area of the floor next below it, or if the
vertical distance from the floor next below it to the floor next above it is twenty -
four (24) feet or more.
23. STRUCTURE: Anything constructed or_ erected on a Lot, the use of which
requires more or less permanent location on the ground or attached to something
having a permanent location on the ground.
24. SUBDIVISION PLAT: Any Final Plat of Subdivision of SWANSON LANE
ESTATES, recorded in the office of the Recorder of Deeds of Kendall County,
Illinois.
25. SUBJECT PROPERTY: The real estate described in Article I being SWANSON
LANE ESTATES.
26. TURNOVER:' The date on which control of the Association is transferred from
Owners /Developers and a title to Common Areas is transferred to the Association
as provided for herein.
27. UNIT EXTERIOR: That portion of a Dwelling Unit consisting of the surfaces of
the exterior walls, roofs and components, including without limitation shutters,
window trim, siding, brickwork, gutters, fascia, doors, roofing and other elements
thereof.
28. VOTING MEMBERS: The Owner or person designated in writing to vote on
behalf of a Lot Ownership pursuant to Section 5 of Article III of this Declaration.
ARTICLE IV
GENERAL RESTRICTIONS
1. Land Use and Buildinv- Type: All lots covered hereby shall be used for single
family, private residential purposes only, unless designated for other purposes on
4
the Final Plat. No gainful occupation or profession, or other non - residential use,
shall be conducted on any lot(s) or in any building located on any lot(s). No
noxious or offensive activity shall be carried on in or upon any premise, nor shall
anything be done thereon which is or may be or become an annoyance or nuisance
to the neighborhood.
2. Dwelling Size: All dwelling units constructed in SWANSON LANE ESTATES
shall provide at a minimum the following square footage of finished living
quarters, (exclusive of basement, garage or patio areas):
(a) One -story dwelling units: 3,000 square feet.
(b) Two -story dwelling units: 4,000 square feet.
(c) No dwelling unit shall exceed a height of thirty-five (35) feet from
ground level.
3. Architectural and Land Use Requirements and Restrictions:
(a) Strict architectural controls - no two houses alike.
(b) House exterior must be all masonry (brick) or natural stone.
(c) No exterior aluminum or vinyl siding permitted; all exterior house design
and placement on lot shall be subject to the approval of the Committee
prior to construction.
(d) Exterior of fireplace chase to be all masonry (brick) or natural stone.
(e) No raised basement or split -level dwelling units will be permitted.
(f) No three -story dwelling units will be permitted.
(g) All dwelling units must have fully excavated basements.
(h) Retaining walls, if any, to be approved by the Committee.
(i) Lots are to be completely sodded or seeded. Landscaping, excludin_ g
sod /seed is required on each lot, along with parkway trees as set forth in
subdivision landscape design. Above to take place within six (b) months of
final occupancy; and shall maintain a warranty for replacement of damaged
or dead landscaping materials for one (1) year from the date of installation.
(j) No above ground swimming pools or free standing recreational equipment
shall be permitted on any lot. No in- ground swimming pool shall be
permitted on any lot except where adequate provisions have been made to
prevent the same from becoming a hazard to the neighborhood. Any
structure used to enclose any pool shall conform to the general restrictions,
herein, applicable to the architecture of the main residence. No swimming
pool shall be permitted without prior approval of the Committee. The
construction of a swimming pool, as provided for herein, shall qualify as an
exception to the total number of structures permitted on a lot under these
Covenants. Owners /Developers shall not be liable for any injuries as a
result of swimming pools located on any individual lot in said subdivision,
nor shall the Owners /Developers of said subdivision be responsible for the
failure of any subsequent owners of said land to take proper safety
5
precautions in preventing injury as to any swimming pool contained on any
lot in said subdivision.
(k) All fences must be approved by the Committee. No chain link, stockade or
cyclone fences will be permitted. No full perimeter fencing will be
permitted.
(1) No recreational vehicles, trailers, boats, tractors, trucks, motorcycles,
mobile homes, or other vehicles of any type whatsoever are to be parked,
stored, or left unattended, permanently, or temporarily, on any of the lots,
except in the garages on the lots; provided that the operable automobiles
being used by the owners, occupants, and their invitees of the lots may be
parked in the subdivision.
(m) No commercial vehicles shall be parked habitually within the subdivision.
"Commercial vehicles" shall include al l forms of transportation which bear
signs, or have printed on the same, reference to any commercial
undertaking or enterprise. Habitually parked for purposes of these
restrictions shall be defined as parked in said subdivision, not with a garage
location thereon, for a period in excess of three (3) consecutive days.
(n) No signs of any kind shall be displayed to the public view on any lot except
(a) one sign of not more than two (2) square feet advertising the property
for sale or such other dimension approved by the Committee, and (b) any
and all signs used by Owners /Developers' Agent in connection with
developing and advertising lots in SWANSON LANE ESTATES for sale.
(o) No animals, livestock, or poultry of any kind shall be raised, bred, or kept
on any lot except that dogs, cats, or household pets may be kept,.provided
that they are not kept, bred, or maintained for any commercial purpose.
The maximum number of pets per household shall be limited to two (2).
No household pets of any type whatsoever shall be kept, maintained, or
housed anywhere. on any of the lots except inside the dwelling.
(p). No weeds, underbrush or unsightly growths shall be permitted to. grow- or
remain upon any of the lots, except in areas subject to the Conservation
Easement. In the event the lot is purchased and not built upon, the owner
must keep said lot mowed so that grass and weeds do not exceed six (6)
inches at any given time. Trash, garbage or other waste material shall be
kept in sanitary containers which must be properly maintained. No trash,
garbage or other waste containers shall be stored, kept or maintained
anywhere except within the dwelling or the garages on each of the lots,
except on such days as such trash is to be collected and removed.
(q) No exterior television antennas, radio antennas, or lights of any type
whatsoever shall be erected or installed and maintained, temporarily or
permanently, except such antennas or lights which shall be erected or
installed as approved by the Committee. Satellite dishes attached to the
dwelling must be attached at the rear, for minimal visibility from the street.
All television satellite dishes and their location must be approved by the
Committee prior to installation. All approvals shall be in writing.
(r) All exterior lighting must be approved by the Committee. All approvals
shall be in writing.
6
4. Easements:
(a) Each of said lots in said subdivision is subject to permanent easements for
installations and maintenance of utilities and for drainage facilities, and the
same are reserved as shown, or otherwise noted, on the recorded plat.
Within such easement, no structures, buildings, planting or other material
shall be erected, planted or stored where the same may damage or interfere
with the installation and maintenance of utilities or which may change the
direction of flow of drainage channels in said easements. The easement
area in each lot shall be maintained by the owner of said lot except for such
improvements installed and maintained by public authority or a public
utility.
(b) No builder or owner shall in any way allow or do any filling or alteration of
the drainage easements shown on the plat recorded of said subdivision, nor
shall any structure be built thereon.
(c) No owner or occupant or their agents and employees shall alter, modify,
fill -in or otherwise change the detention and retention areas indicated on the
Final Plat of Subdivision, without prior written consent of the United City
of Yorkville.
(d) No owner or occupant or their agents_ and employees shall modify the
terrain, plantings, or live trees within area -s of the Subdivision impressed
and subject to the Conservation Easement without prior written consent of
the Homeowner's Association, and the consent of the Kendall County
Forest Preserve as the enforcement agency on said Conservation Easement.
5. Utilities: Any utility lines on property shall be installed underground.
- 6. Temporary Structures: No structure of a temporary character, trailer, incomplete
building, tent, shack, garage, barn, basement or other outbuildings shall be used on
any lot at any time as a residence, either temporarily or permanently. Temporary
buildings or structures used in the construction of any dwelling shall be removed
immediately upon the completion of such construction.
7. Garages and Driveways: Access driveways and other areas for vehicular use shall
- be erected and maintained on every lot. Entrances for each driveway shall be
located where shown on the final engineering of the subdivision and subject to
written approval by the Committee, and subject to approval by the Kendall County
Highway Department. Each lot shall contain at least one attached enclosed garage
with not less than three (3) parking spaces therein. Adequate off - street parking
spaces shall be provided by the owner of each individual lot to avoid any habitual
use of on- street parking, but shall not count toward fulfilling the off - street parking
requirements as stipulated in the United City of Yorkville Zoning Ordinance. Said
driveway approach and driveway shall be paved, bricked, or surfaced with asphalt,
concrete or paving block in such manner as to prevent erosion. All plans and
specifications for driveways, parking areas, culverts and pavement edging or
7
markers must be approved in writing by the Architectural Control Committee. A
hard surface driveway of asphalt, concrete, brick or paver block shall be installed
by the builder or homeowner within one (1) year of the date of the first occupancy
permit being issued for each lot, at the expense of each respective homeowner.
8. Outbuildings: No detached outbuildings may be erected on any of the lots.
9. Plant Diseases or Noxious Insects: No plants or seeds, or other things or
conditions harboring or breeding infectious plants, plant diseases or noxious insects
shall be introduced upon any lot or portion thereof. Owner of an unoccupied lot
must keep said lot mowed so that grass and weeds do not exceed six (6) inches at
any given time. If said lot is not mowed, either the Developer or the Homeowner's
Association may obtain the services of a mowing contractor at lot owner's expense.
10. Garbage and Refuse Disposal: Garbage or refuse shall be kept in sanitary
containers and stored within the garage or dwelling except on designated days for
garbage removal. Garbage or refuse shall not be allowed to accumulate and shall
be regularly removed from the property.
11. Occupancy: No dwelling may be occupied until the exterior thereof shall have
been completely finished, including paint or equivalent type of coating on all
exterior paintable or coatable surfaces. Driveway approaches and driveways must
also be complete at such time. These provisions may be waived at the discretion of
the Architectural Control Committee. Occupancy shall further be subject to the
issuance of a final Occupancy Permit by the United City of Yorkville.
12. Upkeep and Repair: Each lot and each structure on said lot shall at all times be
kept up and maintained in good condition and repair. The Association may seek
Injunctive Relief and. recovery of Attorney's costs to enforce any Covenants
contained herein from a defaulting lot owner or occupant thereof.
ARTICLE V
SANITARY WASTE DISPOSAL SYSTEM
INDIVIDUAL SEWAGE DISPOSAL AND TREATMENT SYSTEM
1. The owner of each lot on which a dwelling is constructed is responsible, at his own
expense, for his own sewage treatment disposal system, which must conform in
every detail and construction to the applicable standards of the "Private Sewage
Disposal Licensing Act and Code ", State of Illinois Department of Health, 1974, or
the latest revision thereof. The work and construction shall also conform to the
applicable Kendall County Health Department regulations.
2. Only mechanical jet septic systems with underground lateral fields will be
permitted. Each individual sewage disposal system shall be installed by a
8
contractor properly licensed in accordance with state and county standards, and
inspected and serviced at intervals provided and required by applicable state and
county statutes, ordinances and regulations. Each owner who uses a mechanical
septic system shall have in full force and effect at all times, a service agreement
with a reputable company providing for the proper and required servicing and
maintenance of such system. And each such owner shall insure that the mechanical
septic system is in good working order at all times. The Owners /Developers or
Homeowner's Association may take action to secure the services of a contractor to
bring any septic system in compliance with the Illinois Public Health Code and
Ordinances of the United City of Yorkville, if found to be in violation. Any costs
incurred, plus interest at 9% per annum may be charged against the subject
property, or a lien filed in favor of Owners /Developers for the cost of recovery
thereof.
ARTICLE VI
ARCHITECTURAL CONTROL COMMITTEE
1. -44pe ff&1&4f44 pr,-pe_ . r,here is hereby created an Architectural
Control Committee, consisting of three (3) persons. Control -of the Architectural
Control Committee shall immediately vest in the association. J :itially the -rigl to //
0wFte_J;s /ne �P��PCs, and t aSSignS b'' t ' GQWtrA1
Aavners/1lP�ers'right to nppnint and rPmn;r the- AWBA__b 4--the ooiimit e
sh�l -F���P Ll�(�rl�l]P..P�`trl�Pr of the fnllpw,'n� =Qn c�1P of SeyentX five (75� J
percent nu -:bci lon; or b) tl,C
ar:.!y c?ec-�lg4o
rR :3Q7: 1� ; !ti. f,+._a -ee
- e�tl}�-- 1= 1- gkl�tc�- agp�llnt the mPmhPrc of the Ar(hlfPrt I f' .. +..,.1 ('o------- -� +t��
rmd
en afty4oHttu - d by Owner
2. No improvement shall be constructed or placed on any Lot until final plans and
specifications showing the site plan, all improvements, all permanent signs, all
exterior elevations with materials and colors therefore, and all sidewalks, trees and
landscaping on the lot and the adjacent parkway, shall have been submitted to and
approved in writing by the Committee. Such final plans and specifications shall be
submitted in writing in triplicate over the authorized signature of the Owner of the
Lot. Changes in approved plans and specifications, or subsequent alterations,
which materially affect building size, placement or external appearance must be
similarly submitted to and approved by the Committee. No lot owner, developer,
or contractor of a lot owner shall seek the issuance of a United City of Yorkville
Building Permit without an Architectural and Site Approval Letter from the
Committee authorizing the issuance of a building permit based upon compliance
9
with these Covenants, and approving the site plan as to location of the proposed
house, septic site, utility connections, and driveway location in conformance with
all Kendall County and Illinois Public Health Code Regulations.
3. The Committee shall have the right to disapprove plans and specifications
submitted to it in the event the same are not in accordance with this Declaration, or
if the plans and specifications submitted are incomplete, or in the event the
Committee deems the plans and specifications, or any part thereof, to be contrary to
the best interests of the Owners. In this connection, the Committee may base its
approval or disapproval on, among other things, the adequacy of lot dimension,
conformity and harmony of external design with neighboring structures, relation of
topography, grade and finish ground elevation of the lot being improved to that of
the neighboring sites, proper facing of main elevation with respect to nearby streets,
adequacy of screening of mechanical, air conditioning and rooftop installations, and
conformity of the plans and specifications to the purpose and general plan and
intent of the Declaration. The decision of the Committee shall be .final, but the
Committee shall not arbitrarily or unreasonably withhold its approval of such plans
and specifications.
4. The Committee shall either approve or disapprove within thirty (30) days after the
plans, specifications, documents or other requests have been submitted to it. Any
disapproval shall set forth the reason for such disapproval.
5. Upon obtaining the approval of the Committee, the Owners ; shall, as soon as
practical, proceed diligently with the commencement of construction within sixty
(60) days after approval of the Plans by the Committee; and completion of all
approved construction, placement and alterations within one hundred eighty (1'80)
days weather permitting of the start of construction.
6. This Declaration is designed to complement all governmental laws, ordinances,
rules and regulations. Where any conflict exists between any provision of the
Declaration and any provision of governmental laws, ordinances, rules or
regulations, the legally valid provision which contains the most rigid or restrictive
requirements for use and development of the property shall control.
7. Neither the Committee, the Owners /Developers nor any member, employee or
agent thereof, shall be liable to any Owners, or to anyone submitting plans for
approval, or to any person, by reason of good faith exercise of judgment or mistake
or nonfeasance arising out of or in connection with the approval, disapproval or
failure to approve any such plans for any other action in connection with its or their
duties hereunder.
10
ARTICLE VII
THE ASSOCIATION
COVENANTS FOR MAINTENANCE ASSESSMENTS, CREATIONS OF LIENS AND
OBLIGATIONS
1. The Association has been formed for the purpose of, and shall have the power: (a)
to provide for the selection of members to serve on the Committee, after the period
when the Developers have the right to make such selections; (b) to provide for the
enforcement of the provisions of this Declaration; and (c) to pay all taxes and other
costs and g
expenses incident to and insuring the Lot Owners, the Association and its
p
Board against such risks as the Board may in its discretion deem appropriate; and
(d) in general to maintain and promote the character of the SWANSON LANE
ESTATES.
2. Every Owner of a Lot shall be a member of the Homeowner's Association.
Membership shall be appurtenant to and may not be separated from ownership of
any lot. Ownership of a lot shall be the sole qualification for membership. Each lot
shall be entitled to one vote only despite multiple ownership of a particular lot.
3. The Homeowner's Association shall have one class of membership and each
member shall have one vote to the number of lots such Owner owns, provided that
in no event shall the votes cast with respect to any lot be cast by more than one
person. if more than one person is the owner of any - lot, or any Owner is a
trustee, corporation, partnership or other legal entity, the votes for such lot, shall be
exercised by such person as such owner Owners of that Lot shall designate.
Such designation shall be made in writing to the Board or in such other manner as
the Board may determine.
4. The Homeowner's Association shall be governed by a Board of Directors
comprised of three (3) persons, or such greater number as may be provided in the
By -Laws of the Association, who shall be appointed or elected as provided herein
or in such By- Laws.
5. Notwithstanding anything in this Declaration or the By -Laws of the Association to . �J
the contra ry, q the first and each subsequent Board of the Association shall be elected
by the members at a meeting called by the President of the Association, by the
or by any three (3) members. Such meeting shall be called by
notice sent pursuant to the By -Laws of the Association.
6. Neither the directors nor the officers of the Association shall be personally liable to
the Owners or the Association for any mistake of judgment or for any other acts or
omissions of any nature whatsoever as such directors or officers except for any acts
or omissions found by a court to constitute gross negligence or fraud. The
Association shall indemnify and hold harmless the directors and officers, their heirs
11
and legal representatives, against all contractual and other liabilities to others
arising out of contracts made by, or other acts of the directors and officers on behalf
of, the Owners or the Association or arising out of their status as directors or
officers unless any such contract or act shall have been made fraudulently or with
gross negligence. The fore foregoing indemnification expenses
against all costs and ex
g g g g p
(including, but not limited to, attorneys' fees, amounts of judgments paid and
amounts paid in settlement) actually and reasonably incurred in connection with the
defense of any claim, action, suit or proceeding, whether civil, criminal,
administrative or other, in which any such director or officer may be involved by
j virtue of being or having been such director or officer; provided, however, that
such indemnity shall not be operative with respect to; (a) any matter as to which
such person shall have finally been adjudged in such action, suit or proceeding to
be 1 iable for gross negligence or fraud in the performance of his duties as such
director or officer; or (b) any matter settled or compromised, unless, in the opinion
of independent counsel selected by or in a manner determined by the Board, there is
not reasonable ground for such person being adjudged liable for gross negligence or
fraud in the performance of his duties as such director or officer.
7. Each Owner of any Lot by acceptance of a deed therefore, whether or not it shall be
expressed in such deed; covenants and agrees to pay to the Association for the
purposes stated in Article I, V, VI, VII and VIII annual assessments and special_
assessments. The annual and special assessments, together with interest, costs and
reasonable attorneys' fees in the event of failure of the Owner to pay the
assessments as provided for herein, shall be a charge on the land and shall be a
continuing lien on the Lot against which each such assessment. is made except for
those lots owned by Owner /Developers; the Owners /Developers shall not be
obligated to pay any such annual or special assessments.
8. The annual assessment levied by the Association shall be used exclusively for
purposes described in this Declaration, reasonable management fees levied thereon,
(excluding to Owners /Developers) for lots not built upon by Owners /Developers
only, reasonable expenses, including professional or other services incident to the
operation and management of the Committee and Association, and for liability
insurance for Common Areas.
10. In the event of failure of any Owner to pay any assessment charges, or if Owner is
found in breach of any covenant, on or before thirty (30) days following notice to
the Owner such assessment or the scheduled due date thereof, if later, then such
assessment shall become delinquent and shall bear interest at the rate equal to two
percent (2 %) over the prime rate announced by Wall Street Journal, from the due
date thereof to the date of payment, not in excess of legally chargeable interest by
law and the Association shall have a lien on each Lot against which such
assessment is levied to secure payment thereof, plus interest costs and reasonable
attorneys' fees. When delinquent, payment of both principal and interest may
thereafter be enforced against the Owner personally, or as a lien on said real estate.
The Association may, at its discretion, file certificates of nonpayment of
12
` I
assessments in the Office of the Recorder of Deeds whenever any such assessments
are delinquent.
11. Initial Reserve Contribution: The Association hereby assesses an initial
contribution of $1,000.00 per lot at time of execution hereof to establish initial
reserve. Said contribution shall be paid in addition to any other cost assessed
herein.
12. Any owner, developer, or other party found to be in default hereunder shall be
j required to reimburse the Association or any other successful moving party for all
costs, including reasonable attorney's fees, for reasons of enforcement of any
Covenants contained herein.
ARTICLE VIII
OTHER PROVISIONS
1. The covenants, conditions and restrictions created by this Declaration shall attach
to and run with the Property and shall be binding on every Person, successor, heirs
and assigns of each- party hereto who - may hereafter come into ownership,
occupancy or possession of any portion of the Property. This Declaration benefits
and burdens only the -land described in this Declaration, and there is no intention to
benefit any persons other than those having an interest in . the Property. The
existence of easement rights or covenant benefits in persons not owning land or not
having an interest in land, shall not confer on any such person any right whatever to
enforce the covenants, conditions and restrictions hereby created.
2. This Declaration, any provisions thereof, or any covenant, condition.or restriction
contained herein, may be terminated, extended, modified or amended, as to the
whole of the Property. or any portion thereof by the Board; provided that such
change is approved by the Owners of sixty -six percent (66 %) or more of the
Property. No such termination, extension, modification or amendment shall be
effective until a proper instrument in writing has been executed, acknowledged and
recorded in the Office of the Recorder of Deeds of Kendall County, Illinois.
Owners /Developers agree that the Covenants shall not be modified without prior
approval of the United City of Yorkville, said approval not to be unreasonably
withheld as to matters which do not involve public health, or safety. However, the
exemption provisions in Article I as relates to Lot 4 and the Skopec Lot and
paragraphs 11 -14 of Article VIII may not be changed as they affect Lot 4 and the
Skopec Lot without the consent of the owners of Lot 4 and /or the Skopec Lot.
13
3. The results of every action or omission whereby any covenant, condition or
restriction herein contained is violated in whole or in part is hereby declared to be
and to constitute a nuisance. Every remedy either public or private, available by
law or equity against an Owner or occupant of any lot in the Property shall be
applicable against such nuisance and may be enforced by the Association or by any
Owner.
4. The failure of the Homeowner's Association or any Owner to enforce any provision
herein contained shall in no event be deemed to be a waiver of the right to do so
thereafter nor of the right to enforce any other provision.
5. If any Owner defaults by failure to comply with the provisions of this Declaration,
the Association may give written notice to the Owner specifying the manner in
which the Owner has defaulted. If the Owner does not cure the default within
twenty (20) days after notice (or if the default cannot be cured within such twenty
(20) day period, if the Owner has not commenced to cure within such period and
thereafter diligently proceeds) the Association, or its agents, may enter upon the Lot
and do such work as is required to cure the default. Neither the Association nor its
agents shall, by reason of entering or performing any work to cure the default, be
liable to the Owner for any losses or damages thereby sustained by the Owner or by
anyone claiming by or under the Owner. The cost, including reasonable
administrative expenses incurred by the Association in order to cure -such default,
shall be paid for by the Owner: The obligation to pay for such costs shall -be a
charge on the land and be a continuing lien on the Lot owned by such defaulting
Owner.
6. Every person who now or hereafter owns or acquires any right, title or interest in or
to any portion of the Property, or any right to possess or occupy any premises
situated therein, is and shall be conclusively deemed to have consented and agreed
to every covenant, condition and restriction contained herein, whether or not any
reference to this Declaration is contained in the instrument by which such person
acquired such interest or right.
7. All covenants, liens, and other provisions herein set forth shall be subject to and
subordinate to all mortgages now or hereafter executed, encumbering any of the
property, and none of said covenants, liens or other provisions shall supersede or in
any way reduce the security or affect the validity of any such mortgage. However,
if any portion of the property acquired in lieu of foreclosure, or under the
provisions of any deed of trust in the nature of a mortgage, or sold under
foreclosure of any mortgage, or under any judicial sale, any purchaser at such sale,
his or its grantees, heirs, personal representatives, successors or assigns shall hold
any such portion of the property subject to all the covenants, liens and other
provisions of this Declaration.
14
1 .
8. The Committee, by the written consent of all the members thereof, is hereby
authorized and empowered to grant reasonable variances from the provisions of
this Declaration, or any portion hereof, in order to overcome practical difficulties
and to prevent unnecessary hardship in the application of the provisions contained
herein; provided, however, that said variances shall not materially injure any of the
Property or improvements within the Property, and shall otherwise be subject to all
applicable laws, ordinances, rules and regulations of any governmental agency or
political subdivision having jurisdiction over the Property. No variance granted
pursuant to the authority granted herein shall constitute a waiver of any provision
of this Declaration as applied to any other person, owner or site.
9. If any provision of this Declaration is held to be invalid by any court, the invalidity
of such provision shall not affect the validity of the remaining provisions hereof.
10. Each Owner of a Lot in the SWANSON LANE ESTATES shall file the correct
mailing address of such Owner with the Homeowner's Association and shall notify
the Homeowner's Association promptly in writing of any subsequent change of
address. The Homeowner's Association shall maintain a file of such addresses and
make the same available to appropriate parties. A written or printed notice,
deposited in the United States Post Office, postage prepaid, and addressed to any
Owner at the last address filed by such Owner with the Association shall be
sufficient and proper notice_ to such Owner wherever . notices are required in this
Declaration, and shall be deemed delivered three (3) days after mailed.
11. During the construction and installation of the road, Lot 4 shall be granted a manner
of ingress and egress. Should the existing lawn on Lot 4 be damaged during the
construction process, the owners of Lots 1, 2, 3, 5 and 6 will repair and reseed the
same.
12. The owner of Lot 2 will, in his reasonable discretion, landscape the north-
east corner of Lot 2 so as to conceal an existing above ground pool.
13. Should the owners of Lots 1, 2, 3, 5 and 6 enclose the development by
fencing or landscaping, the Owner of Lot 4 shall have the right to extend
said fencing or landscaping across the east side of Lot 4 at the Owner's
expense.
14. The Owner of Lot 4 has prepared grading plans for the road and had the
same approved by the City of Yorkville. Should the Owner desire to
change said grading plans, for drainage purposes, it shall be done at the
Owners expense and the Owner's obligation to obtain approval by the
City of Yorkville.
15
ARTICLE IX
WATER SUPPLY
Each lot owner shall be required to connect to the United City of Yorkville water system.
ARTICLE X
CITY ORDINANCES
1. All provisions of the United City of Yorkville Storm Water Control Ordinance
shall be complied with and are herein adopted by reference as if more fully set out
herein.
2. Each individual lot owner shall pay any land cash contribution and/or school
transition and city development fees or other fees imposed by the United City of
Yorkville, at the time a building permit is applied for; each lot owner agrees to hold
Owners /Developers harmless and indemnifies said Developer for any such fees to
be charged.
ARTICLE XI
GENERAL PROVISIONS
1. Duration.of Declaration:
Each of the Covenants set forth herein shall continue and be binding for an initial
period of twenty -five years (25) from the date of this Declaration, during which
period they may be altered or amended, as provided in Article XI, Section 7, herein,
and thereafter for successive periods often years each, but subject to amendment.
2. Applicability of Covenants:
The Covenants- herein set forth herein shall continue and be binding upon
Developers, their successors, grantees, and assigns and all subsequent owners, their
successors, grantees, heirs and assigns. Any owner of the above lots shall have the
right from time to time, to sue, jointly or severally, to obtain a prohibitive or
mandatory injunction to prevent a breach or enforce the observance of any or all of
the covenants contained herein.
3. Enforcement shall be by proceeding in law or in equity against any persons
violating or attempting to violate any covenants either to restrain violation or to
recover damages.
4. Invalidation of any one of these covenants by judgment or court shall in no_ wise
effect any of the provision which shall remain in full force and effect.
5. Dutv of Owners /Developers:
The duty of the Owners /Developers to enforce any covenant herein contained shall
be discretionary, and the Owner /Developer shall incur no liability for failing to
16
08/07/08 15:21 FAX U002/003
Enforce said covenants. The Owners/Developers may at any time elect to enforce any
and all of the covenants hereintofore set out and the failure to enforce any of said
covenants at any time shall act as a waiver of the authority granted herein.
6. The Owner /Developers shall incur no liability for the maintenance, design or
construction of any home or structure on any lot located within said subdivision.
7. Amendment:
This Declaration maybe modified so long as three - fourths (3/4) of the owners of real
property in SWANSON LANE ESTATES consent thereof in writing, and provided
further that such amendments) be duly recorded with the Recorder of Deeds of
Kendall County, Illinois. For the purpose of this provision, each lot shall be entitled
to only one vote, whether a lot be owned by one individual or jointly with another.
Section 8 of this Declaration shall not be. amended without the approval of the City of
Yorkville.
8- It shall be the obligation of the Association to maintain the Conservation Area which
is on AM= Lot 6 (Flat of Survey attached as Exhibit )3) in accordance with Extu'bit A,
attached hereto in perpetuity. Any costs incurred by the City of Yorkville to enforce
the terms of the easement shall be reimbursed by the Association within 60 days of
receipt of an invoice. The City of Yorkville may assign its oversight and enforcement
nights. The City of Yorkville shall not perform any work without first providing the
Association with written notice and a 14-day period to cure the complaints.
No modification of said covenants shall be allowed, whether by majority or unanimo vote of the
homeowner's affected therein, of any drainage easement, Conservation Easement, detention area,
condition enforcing upkeep and maintenance of mechanical septic system, or other covenant
contained herein which shall affect public health or safety enforcement, without approval of the
County of Kendall_
IN WITNESS WHEREOF, Owners/Developers have executed the within Declaration the day and
year first above written.
OWNERS/DEVELOPERS
Dated Da /1 (o //
BY: �`r fCGG
STEPHEN GARY CIAN I, Owner of ORDQN SW pu&er, Lot 4 of
Lots 1, 2, 3, 5 & 6 of Swanson Lane Estates Sw on Lace Estates
BY: �-� � ��- � -
MARCIA SWANSON, Owner Lot 4 of
Swa on Lane Es4 tcs
Attest Dated: /cam / D (p
III CHAE SKO)PEC, Owner property
between Lot 1 and Lot 2 of Swanson Lane
Estates
enforce said covenants. The Owners/Developers may at any time elect to enforce
any and all of the covenants hereintofore set out, and the failure to enforce any of
said covenants at any time shall act as a waiver of the authority granted herein.
6. The Owners /Developers shall incur no liability for the maintenance, design or
construction of any home or structure on any lot located within said subdivision.
7. Amendment:
This Declaration may be modified so long as three - fourths (3/4) of the owners of
j real property in SWANSON LANE ESTATES consent thereof in writing, and
provided further that such amendment(s) be duly recorded with the Recorder of
Deeds of Kendall County, Illinois. For the purpose of this provision, each lot shall
be entitled to only one vote, whether a lot be owned by one individual or jointly
with another. Section 8 of this Declaration shall not be amended without the
approval of the City of Yorkville..
No modification ofsaid covenants shalr6e al Cowed, whether by majorrty or unanimous vote of the
homeowner's affected therein, of any drainage easement, Conservation Easement, detention area,
condition enforcing upkeep and maintenance of mechanical septic system, or other covenant
contained herein which shall affect public health or safety enforcement, without approval of the
County of Kendall.
8. It shall be.the obligation of the Association to maintain the Conservation
Area in accordance with Exhibit A, attached hereto in perpetuity. Any costs
�f � Own, o oci4 v i lle tg $ c the i& of easement e.
A soci Lion wi hi ys eceip a an invoice.
IN WITNESS rs eve opers ave execute the wit in ec aration t e day and
year first above written.
* *The City of Yorkville may assign its oversight and enforcement rights.
OWNERSIDEVELOPERS:
Dated .: /?' 1 Dated: �� j It l a 6
`3TF pit E� c- Gordon Swanson, Owner, Lot 4 of Swanson
'' a �' S �O Lane Estates
BY:
Marcia Swanson, Owner, Lot 4 of Swanson
Lane Estates
Attest: Dated:
Michael Skopec, owner property between
Lot 1 and Lot 2 of Swanson Lane Estates
17
EXHIBIT A
CONSERVATION AREA
MAINTENANCE AND MANAGEMENT REQUIREMENTS AND GUIDELINES
General Notes
These criteria are intended to apply to the new seeded areas and flood plain management and
conservation easement areas within the Swanson Lane Estates. The purpose is to ensure that the
overall design intent for these areas is achieved and maintained, particularly during the initial
plant establishment period. The design intent is to provide an aesthetic, healthy, diverse
community of native vegetation to meet the objectives of soil stabilization, storm water
treatment, and wildlife habitat (where appropriate). Monitoring is required annually for a
minimum period of three full growing seasons following planting.
The purpose of this plan will be accomplished by the following actions:
1. Development and implementation of an effective landscape /planting plan.
2. Routine site inspection and monitoring of planting success.
3. Follow -up repair or re- seeding to meet performance criteria.
4. Routine. monitoring and maintenance /remediation.
5.. Preparation of annual report documenting monitoring results and maintenance and
remedial activities.
In order to maximize the success of native planting.it is critical that, vegetation is. selected based
on its appropriateness to the expected soils and hydro logic. regime, or wetness.
Performance Criteria
The project goal is to establish native landscapes that are functional, aesthetic, and cost-effective.
The performance criteria for such landscapes need not be as rigorous as for federally authorized
wetland mitigation projects or ecological restoration projects.
In the seeded areas any erosion will be noted qualitatively during each site inspection. If rills or
gullies are forming, or if a significant accumulation of sediment is collecting at the toe of the
slope, remedial measures will be implemented immediately. If erosion is a problem,
recommended management practices, such as spot dressing/repair, light mulching, and over -
seeding shall be required.
The success of natural landscaping in meeting the stated objectives can be affected by the
appropriateness of the plan species selected, the quality of the seeds, and the adequacy of early
maintenance. The success of the project will be formally evaluated by the following vegetation
performance standards monitored over time.
I" season: By the end of the first full growing season, the planted areas should have complete
I
eater cover. No
veg etation square meter shall be devoid of vegetation. If, by the
g �' than 1 ( one ) q
end of the first full growing season, the seeded area fails to support the information of sufficient
vegetation, then corrective measures to the fundamental design of the area shall be required.
2nd season: During the second growing season, a minimum of 25 percent of the permanent
species planted in seed should be evident. If this level of vegetation establishment fails to occur,
a determination must be made as to why, and a remedial action plan shall be necessary.
Remediation shall include over - seeding of appropriate species. Finally undesirable, invasive
plant species shall not be prevalent. Specifically, none of the following shall be among the five
most dominant plant species in the overall vegetation cover:
Reed Canary Grass (Phalaris arundinacea)
Common Reed (Phragmites australis)
Purple Loosestrife (Lythrum salicaria)
Buckthorn (Rhamnus spp.)
Field Thistle (Cirsium arvense)
Sweet Clover (Melilotus spp.)
Honeysuckle (Lonicera spp.)
Multiflora Rose (Rose multiflora)
Box Elder (Aber negundo)
Sandbar Willow (Salix interior)
Teasel (Dipsacus spp.)
3rd season: At the end of the third full growing season, a minimum of 65 percent of the seeded
permanent species - are expected to be established. Commonly, if the planted species are not
evident by the end of the third season, the likelihood of subsequent appearance is much reduced.
Acceptable species defined -as native to the region and not invasive (as - listed in the native plant
guide), shall provide at least two- thirds of the relative aerial coverage. Also, the five most
dominant species of the overall vegetative cover shall not include any of the undesirable species
listed above under the 2 nd season performance standards. If the identified level of species
development fails to occur, a determination must be made as to shy, and a remedial action plant
must be prepared and submitted to the United City of Yorkville for approval. The approved
remedial plan must be implemented and continued monitoring will be required beyond the third
growing season until these performance criteria are met.
Monitoring Guidelines
The following individual tasks shall be performed to address the various parameters to be
monitored. To describe the degree of success of the project, three principal assessment protocols
are recommended. (1) a floristic inventory of the naturalized detention basins and bioswales to
determine the extent to which species planted have become established and the extent of
undesirable species; and (2) routine inspections to evaluate soil stability and other maintenance
concerns. The two protocols shall be performed annually in late summer (August - September)
-2-
along with inspections to evaluate .erosion and other maintenance concerns. Each protocol shall
be performed for a minimum of three full growing seasons.
1) Floristic inventory of the seeded area shall determine overall vegetative cover, the total
number of seeded species, and the prevalence of undesirable /invasive species, consistent with the
specified "Performance Criteria ". This inventory is critical to determine where follow -up
seeding is needed and to identify, locate and remove undesirable plants on a yearly basis.
2) Routine reconnaissances to evaluate soil stability and other maintenance concerns: notation of
areas and type of erosion (e.g. rills, gullies, slumping accumulation) shall be depicted on a site
plan.
An annual monitoring report will be submitted to the United City of Yorkville. This report will
include the following items:
A. Data on the status of vegetation, including an assessment of compliance with the
performance criteria.
B. A description of vegetation, including over - seeding replanting, and control of
undesirable species, undertaken during the previous 12 months, and an assessment
of their effectiveness in meeting the performance criteria.
C.- A discussion of erosion control and other maintenance activities undertaken
during the previous -12 months.
D. A discussion of planned maintenance activities for the coming year.
+ Maintenance and Management Recadrements and Guidelines .
Maintenance activities should be based, in part, on problems identified in -the annual monitoring
effort. Although specific maintenance and management considerations and performance of the
project, standard management protocols should include the following measure. The management
guidelines correspond to the initial vegetation establishment period, as well as recommended
long -term procedures.
I" season: Seeded area will be planted with a combination of native seed.
Under normal weather conditions, the seeded plants, depending on the germination and growth
characteristics os specific species, may require two or three years to become established.
Control of undesirable plant species (as under "Performance Criteria "), shall be completed in a
timely manner. Methods of control include hand pulling, mowing, spot herbicide application, or
a combination of these methods. The appropriateness of a particular control method depends on
the plant species present and their density or prevalence.
Hand Pulling can be an effective method to control some undesirable species prior to the
-3-
i development and maturity of the plants. This method is most feasible when plants are present in
small quantities. Recognizing that the timing of plant removal can be important in controlling
invasive species, hand pulling should include the removal of all aboveground and belowground
stems, roots, and flower masses prior to the development of seeds. Care should be taken to
disturb as little soils as possible during hand pulling to avoid exposure of additional weed seed in
the soil layer.
Mowing is a recommended management option to control undesirable upland species, especially
if they persist over a large area. Mowing is recommended during the first growing season of
approximately a monthly frequency, with the mower set to a height of about 8 inches. Mowing is
effective in reducing the shading effect of undesirable species on slow - growing native species
and in preventing undesirable spec (e.g. non - native clover) from going to seed.
Under certain circumstances, selective herbiciding may be indicated. Systematic herbicides are
generally used because they are absorbed through the plant tissues and work their way into the
root system, effectively killing the plant.
If by the end of the first full growing season there are significant failures in vegetation
development such areas should be redesigned and replanted, as appropriate.
2nd season: during the second growing season, the native plant species will continue to develop
root systems and it is anticipated that -many native species should be more apparent. Targeted_
herbiciding, hand pulling, or mowing may treat weed growth in the second season. The
appropriate protocol should be determined in the - field.
3` season: by the third growing season, the native grasses, as well as many of the seeded forbs,
should be relatively well established. Weed growth should be declining significantly, and control
measures should be continued on an as- needed basis.
The three (3) year warranty for the operation will be provided by the developer. The warranty
period will begin after completion of all of the seeding operation and approval by the City of
Yorkville. Prior to approval of the work by the City, the developer shall post an irrevocable
letter of credit in favor of the City in the amount of 110% of the construction value of the seeding
operation. The developer shall grant the City the right to draw on the security and the right to
enter the property to complete the required work outlined in the maintenance and management
guidelines.
Maintenance including watering, mowing, weed control and burning shall be required to assist
the prairie, wet prairie, wet/mesic prairie and the emergent planting in growth until all planting
has matured.
For three (3) years after initial installation, a minimum of four (4) site visits per year shall be
conducted, one each during the months of May, June, July and September. During the site visit,
-4-
all noxious weeds shall be removed with an herbicide by "wicking application ", hand seeding or
mowing is appropriate. Any areas that are devoid of vegetation grater than one square yard in an
area shall be re- seeded or plugged with temporary and permanent vegetation with species
outlined in the original species list.
A copy of the IEPA burn permit shall be filed with the City of Yorkville prior to the City issuing
approval of the controlled burn.
Long -Term Maintenance
It is understood that the Swanson Lane Estates Homeowners Association will be the entity
responsible for the long -term maintenance. Long -term maintenance should consist primarily of
continued maintenance to provide a diverse native plant community; minimize the proliferation
of weeds and undesired woody vegetation; minimize erosion of slopes and shorelines, and
maintain reasonable creek flow.
Long -term maintenance also shall include the removal of unsightly accumulation of trash or
debris.
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