Ordinance 2005-061 200600015095
Filed for Record in
KENDALL COUNTYr ILLINOIS
PAUL ANDERSON
0-5 -18 -2006 At 02:05 am.
ORDINANCE 84.00
STATE OF ILLINOIS ) RHSP Surcharge 10.01 -1
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2005- to \
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT AND
PLANNED UNIT DEVELOPMENT AGREEMENT OF
BLACKBERRY WOODS
WHEREAS, it is prudent and in the best interest of the UNITED CITY OF
YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement and
Planned Unit Development Agreement (for the development commonly known as
Blackberry Woods) pertaining to the annexation of real estate described on the Exhibit
i "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
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,
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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.
WANDA OHARE JOSEPH BESCO t,
VALERIE BURD PAUL JAMES
DEAN WOLFER_ MARTY MUNNS
ROSE SPEARS �.� JASON LESLIE .�
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of . A.D. 2005.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this \ 2, day of — , A.D. 2005.
ATTEST: >
CV l CITY CLERK
o y0 1p , •.
Prepared by: ��-
John Justin Wyeth Gorporat .
City Attorney
United City of Yorkville SEAL • �
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800 Game Farm Road' •..
Yorkville, IL 60560
REV. - 7/08/05
ANNEXATION AGREEMENT AND
PLANNED UNIT DEVELOPMENT AGREEMENT
(Blackberry Woods Subdivision)
THIS ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT
AGREEMENT ( "Agreement "), is made and entered as of the 10 . 1 1ay of July, 2005 by and
between MCCUE BUILDERS, INC, an Illinois Corporation (collectively, "OWNERS "),
MCCUE BUILDERS, INC, an Illinois corporation ("DEVELOPER" and the UNITED CITY
OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the
laws of the State of Illinois (hereinafter referred to as "CITY") by and through its Mayor and
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Aldermen ( "Corporate Authorities "). OWNERS and DEVELOPER and the CITY are
sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties ".
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RECITALS:
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A. OWNERS and DEVELOPER are the owners of record of certain parcels of real
estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit "A"
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(hereinafter referred to as "SUBJECT PROPERTY").
B. OWNERS and DEVELOPED., desire to annex the SUBJECT PROPERTY to the
CITY for the purposes of developing a residential planned unit development (PUD) known as
Blackberry Woods. The SUBJECT PROPERTY is currently contiguous with the existing
corporate limits of the CITY and is not within the boundary of any other city.
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C. OWNERS and DEVELOPER desire to proceed with the development thereof for
residential use in accordance with the terms and provisions of this Agreement.
D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be
rezoned as a PUD under the R -2 and R -4 Single - Family Residence Districts provisions of the
City Zoning Ordinance ( "Zoning Ordinance ") with a Special Use for said Planned Unit
Development, to be developed with detached single - family residences within the SUBJECT
PROPERTY consisting of approximately sixty (60) acres, legally described in Exhibit `B"
attached hereto (with both the R -2 and R -4 portion being legally described), all as depicted on
the Preliminary PUD Plan attached hereto and incorporated herein as Exhibit "C ".
E. All public hearings, as required by law, have been duly held by the appropriate
hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission
conducted a public hearing regarding the requested zoning and conceptual site plan on May 11,
2005. City Council conducted the public hearing on the annexation agreement on June 14, 2005.
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F. The CITY and OWNERS and DEVELOPER have given all appropriate notices
due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City
Code.
G. The Corporate Authorities, after due and careful consideration, have concluded
that the Execution of the Annexation Agreement and Planned Unit Development Agreement
subject to the terms and provisions of this Agreement, and the rezoning, subdivision and
development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and
improvement of the CITY in that it will increase the taxable value of the real property within its
corporate limits, promote the sound planning and development of the CITY and will otherwise
enhance and promote the general welfare of the people of the CITY.
H. (i) Each party agrees that it is in the best interests of the OWNERS and
DEVELOPER and the CITY to annex and develop the SUBJECT
PROPERTY described in the attached Exhibit "A" as a Planned Unit
Development (PUD) establishing a unique character through the provision
of a mix of residential uses in conformance with the United City of
Yorkville Comprehensive Plan with open spaces totaling over
approximately 11.88 acres interspersed throughout the development and
through the provision of orderly flow of traffic within the development
and to adjoining real property.
(ii) Each party agrees that it is in the best interest of the local governmental
bodies affected and the OWNERS and DEVELOPER to provide for
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performance standards in the development of the SUBJECT PROPERTY.
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(iii) Each party agrees that a substantial impact will be placed on the services
of the United City of Yorkville and other governmental agencies by
development of said real property.
(iv) The SUBJECT PROPERTY is contiguous to the corporate boundaries of
the CITY. h ,
I. It is the desire of the CITY, the OWNERS and DEVELOPER that the
development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in
accordance with the terms and provisions of this Agreement, and be subject to the applicable
ordinances, codes and regulations of the CITY now in force and effect, except as otherwise
provided in this Agreement.
J. The OWNERS and DEVELOPER and their representatives have discussed the
proposed annexation and have had public hearings with the Plan Commission and the City
Council, and prior to the execution hereof, notice was duly published and a public hearing was
held to consider this Agreement, as required by the statutes of the State of Illinois in such case
made and provided.
NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants
and agreements contained herein, the Parties hereto agree to enter into this Agreement and to
supplement the Petition for Zoning and Annexation and drawings submitted therewith, including
the Preliminary PUD Plan, attached hereto as Exhibit "C" and agree that the annexation, zoning
and plan for the SUBJECT PROPERY shall be approved by the City Council upon the following
terms and conditions and in consideration of the various agreements made between the parties:
1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to
and in accordance with the provisions of the CITY ordinances, as amended from
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time to time, and applicable provisions of the Illinois Compiled Statutes and the
Illinois Constitution.
2. ANNEXATION AND ZONING. As soon as reasonably practicable following
the execution of this Agreement, the Corporate Authorities shall adopt such
ordinances as may p Y be necessar and appropriate to annex and rezone the
SUBJECT PROPERTY under the R -2 and R -4 Single- Family Residence District
provisions of the City Zoning Ordinance ("Zoning Ordinance ") with a Special
Use for a Planned Unit Development with 132 residences all as shown on the
Preliminary PUD Plan attached hereto as Exhibit "C ", provided that interim use
of all or any portion of the SUBJECT PROPERTY as agricultural use shall be
permitted as legal non - conforming uses of the SUBJECT PROPERTY until such
portions are actually developed.
OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed
in accordance with the ordinances of the CITY, as approved or subsequently amended, unless
otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY
in connection with such development except as modified in this Agreement and the Preliminary
PUD Plan (Exhibit "C").
3. VARIATIONS FROM LOCAL CODES. The specific modifications and
deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit
"B" attached hereto have been requested, approved and are permitted with respect
to the development, construction, and use of the SUBJECT PROPERTY
( "Permitted Variations ").
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4. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS
and DEVELOPER agree that any extension and /or construction of the utilities and
public improvements shall be performed in accordance with existing CITY
subdivision regulations as varied by this Agreement. Any on -site work and the
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cost thereof shall be the responsibility of OWNERS and DEVELOPER within
their respective parcels. In the event the CITY cannot obtain the necessary off -site
easements for the extension of the water mains, OWNERS and DEVELOPER
shall be allowed to extend water mains from other locations to their respective
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parcels on the SUBJECT PROPERTY within existing easements or rights -of -way.
In addition, the CITY agrees that, at DEVELOPER's request, the CITY shall exercise
reasonable and best efforts to acquire off -site easements.
5. POTABLE WATER SUPPLY, SANITARY SEWER, RECAPTURE, AND
FUNDING MECHANISMS.
A. The CITY represents to OWNERS and DEVELOPER that the CITY owns
potable water, fire flow and water storage facilities and that such facilities will have sufficient
capacity to adequately serve the needs of the OWNERS, DEVELOPER and occupants of the
SUBJECT PROPERTY as developed pursuant to the terms of this Agreement.
B. With the respect to sanitary sewer treatment capacity, the CITY shall assist and
cooperate with OWNERS and DEVELOPER in their efforts to acquire adequate sanitary sewer
treatment capacity from the Yorkville Bristol Sanitary District for use within their respective
parcels in the SUBJECT PROPERTY as developed pursuant to this Agreement. Additionally,
the CITY shall also assist and cooperate with OWNERS and DEVELOPER in their efforts to
obtain adequate means of delivery of such sanitary sewer capacity to the SUBJECT PROPERTY
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or, in the alternative, shall provide such means of delivery, subject, however, to the requirements
of the Yorkville Bristol Sanitary District where appropriate. The CITY shall seek to obtain such
governmental approvals and permits, but in the event that its best efforts are not successful, the
CITY shall not be liable for any failure to provide adequate means of delivery of the sanitary
1 sewer treatment capacity contemplated under this Subsection 5(B) arising from its inability to
obtain such approvals and permits; and the CITY undertakes no duty to pay for the extension of
sanitary sewer extensions to the SUBJECT PROPERTY.
C. The CITY represents to OWNERS and DEVELOPER that neither OWNERS nor
DEVELOPER shall become liable to the CITY or any other party for recapture upon the
annexation and/or development of the SUBJECT PROPERTY for any existing sewer or water
lines or storm water lines and/or storage facilities that may serve the SUBJECT PROPERTY;
provided, however, subject to the terms of this Agreement, DEVELOPER shall be responsible to
pay sewer and water connection fees.
6. SECURITY INSTRUMENTS.
A. Posting Securitv. OWNERS and DEVELOPER shall deposit, or cause to be
deposited, with the CITY such irrevocable letters of credit or surety bonds in the forms
prescribed by the ordinances of the CITY ( "Security Instruments ") to guarantee completion
and maintenance of the public improvements to be constructed as a part of the development as
are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole
discretion, subject to compliance with Illinois law, as to whether an irrevocable letter of credit or
surety bond will be used as the security instruments. The amount and duration of each Security
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Instrument shall be as required by applicable ordinances of the CITY. The City Council upon
recommendation by the City Engineer, may from time to time approve a reduction or reductions
in the Security Instruments by an amount not in excess of eighty -five percent (85 %) of the value
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certified by the City Engineer of the completed work, so long as the balance remaining in the
Security Instruments is at least equal to one hundred ten percent (110 %) of the cost to complete
the remaining public improvements for the Development.
B. Acceptance of Underground Improvements and Streets,. Upon completion and
inspection of underground improvements, streets, and /or related improvements of Development,
j and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and
DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security
Instrument, subject to a maintenance Security Instrument remaining in place for a one year
period from the date of acceptance by the CITY, in conformance with the City Subdivision
Control Ordinance.
The CITY shall exercise good faith and due diligence in accepting said public
improvements following OWNERS' and DEVELOPER's completion thereof for the
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Development 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.
C. Transfer and Substitution. Upon the sale or transfer of any portion of their
respective parcels within the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be
released from the obligations secured by its Security Instruments for public improvements upon
the submittal and acceptance by the CITY of a substitute Security Instrument approved by the
CITY, securing the costs of the improvements set forth therein.
7. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes
of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm
water management and drainage, comprehensive land use plan, and related restrictions, as they
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presently exist, except as amended, varied, or modified by the terms of this Agreement, shall
apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the
date of this Agreement. Any amendments, repeal, or additional regulations, which are
subsequently enacted b the CITY, shall not be applied to the development of the SUBJECT
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PROPERTY except upon the written consept of OWNERS and DEVELOPER during said five
(5) year period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace
period from the date they are notified of any changes to the ordinances, regulations, and codes of
the CITY in order to comply with the new regulations. After said five (5) year period, the
SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and
codes of the CITY in existence on or adopted after the 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, alter or eliminate any of
the ordinance variations provided for herein, nor result in any subdivided lot or structure
constructed within the SUBJECT PROPERTY being classified as non - conforming under any
ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is
required to modify, amend or enact any ordinance or regulation and to apply the same to the
SUBJECT PROPERTY pursuant to the express and specific mandate of any superior
governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY
and be complied with by 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.
If, during the term of this Agreement, any existing, amended, modified or new
ordinances, codes or regulations affecting the zoning, subdivision, development, construction of
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any improvements, buildings, appurtenances, or any other development of any kind or character )
upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based,
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j are amended or modified to impose less restrictive requirements on development or construction
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upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive
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requirements shall inure to the benefit of thy; OWNERS and DEVELOPER, and anything to the
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contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with
development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive
amendment or modification applicable generally to all properties within the CITY.
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8. BUILDING CODE; BUILDING PERMITS.
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A. The building codes for the CITY in effect as of the date of this Agreement and the
dates of the latest revisions thereto as they presently exist, except as amended, varied, or
modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its
development for a period of five (5) years from the date of this Agreement. Any amendments,
repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be
applied to the development of the SUBJECT PROPERTY except upon the written consent of
OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period,
the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations,
and codes of the CITY in existence on or adopted after the expiration of said five (5) year period.
If, during the term of this Agreement, any existing, amended, modified or new
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ordinances, codes or regulations affecting the development and /or construction of any
improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or
modified to impose less restrictive requirements on development or construction upon properties
situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall
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inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained
herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or
construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or
modification applicable generally to all properties within the CITY.
Notwithstanding the provisions of tllis Agreement, all national amendments, deletions, or
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j additions to the building codes of the CITY pertaining to life /safety considerations adopted after
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the date of this Agreement which affects all land within the CITY, shall be applicable to the
SUBJECT PROPERTY upon the expiration of the twelfth (12 month following the effective
date of such amendments, deletion, or addition, whether during the five (5) years next following
the date of this Agreement, or any time thereafter. The CITY shall give the OWNERS and
DEVELOPER a six (6) month grace period from the date they are notified of any changes to the
building codes in order to comply with the new regulations.
B. The CITY shall act upon each application for a building permit for which
OWNERS and/or DEVELOPER, or their duly authorized representatives, shall apply, within
fourteen (14) calendar days of the date of application therefor or within fourteen (14) calendar
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days of receipt of the last of the documents and information required to support such, application,
whichever is later, provided the applicable improvements for which the building permit applies
will be constructed and installed in accordance with the approved final plat and approved final
engineering for the development within the SUBJECT PROPERTY. If the application is
disapproved, the CITY shall provide the applicant with a statement in writing specifying the
reasons for denial of the application including a specification of the requirements of law that the
applicant and supporting documents fail to meet. The CITY agrees to issue such building
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permits upon the compliance with those legal and documentary requirements so specified by the
CITY.
C. Subject to any other necessary governmental regulatory approval, the CITY shall
permit OWNERS and/or DEVELOPER, and their duly authorized representatives, to install
temporary waste water holding tanks and ,temporary water facilities to serve sales offices or
j similar temporary structures, and model buildings constructed on the SUBJECT PROPERTY
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provided that each such temporary tank and temporary water facility shall be removed and
disconnected within ten (10) days after said structures shall be connected to the sewer or other
permitted waste disposal systems, and water mains, at OWNERS' and /or DEVELOPER's sole
cost, subject to force majeure. The use of such temporary facilities shall be subject to all health
and safety codes of the CITY and CITY shall inspect such facilities on a periodic basis.
D. Subject to the provisions of Section 11 hereof, no permit fees, plan review fees or l
inspection fees which are not generally and uniformly applicable throughout the CITY shall be
imposed by the CITY against the SUBJECT PROPERTY.
9. FUTURE FINAL PLATS AND FINAL ENGINEERING. The CITY shall act
upon any final plat and final engineering submitted to it for approval within a reasonable time of
its receipt of such final plat, final engineering and all necessary supporting documentation and
information. The plat review and consideration by the CITY shall not exceed the limitations set
out in 65 ILCS 5/11 -12 -8 (2002).
10. FEES AND CHARGES.
A. During the first five (5) years following the date of this Agreement, the CITY
shall impose upon and collect from the OWNERS and /or DEVELOPER, and their respective
contractors and suppliers, only those permit, license, tap -on and connection fees and charges, and
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in such amount or at such rate, as are in effect on the date of this Agreement and as are generally
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applied throughout the CITY, except as otherwise expressly provided for in this agreement on
the Fee Schedule attached hereto and made a part hereof as Exhibit "F ". At the expiration of this
five (5) year term, the CITY shall give the OWNERS and DEVELOPER a one (1) year grace
period from the date they are notified of any changes to the permit, license, tap on and
connection fees and charges in order to comply with the new regulations.
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B. To the extent that any fees charged by the CITY or other governmental agency by
reason of this Agreement or City Ordinance are not frozen by the specific terms contained in this
Agreement, such fees may be prepaid as follows:
(i) If the CITY increases any fees that are not prohibited from being increased by the
terms of this Agreement and are applicable to the SUBJECT PROPERTY, the
CITY will provide OWNERS and DEVELOPER with notice thereof and
OWNERS and /or DEVELOPER will be permitted the right to prepay the fees as
they existed prior to such increase at any time within thirty (30) days after receipt
of the notice of the increase of the fees from the CITY.
(ii) OWNERS' and DEVELOPER's right to prepay will apply to all fees or only
certain fees applicable to their respective parcels within the SUBJECT
PROPERTY as selected by OWNERS and /or DEVELOPER and prepayment of a
particular fee will prevent the increase in such fee from being applicable to that
portion of the SUBJECT PROPERTY for which such fee was prepaid. For fees
charged on a per residential unit basis, DEVELOPER may estimate the number of
residential units and pay such fees based on such estimated number of units or
may prepay for only a certain number (determined by DEVELOPER) of units.
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Once the calculation is made, no refund of any portion of any prepayment made
will be allowed.
j C. The CITY represents and warrants to OWNERS and DEVELOPER that no part of
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the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any
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part of the SUBJECT PROPERTY to any special service area or special assessment district that
will result in any special taxes or assessments for any portion of the SUBJECT PROPERTY,
other than charges to existing drainage districts of record, if any.
11. CONTRIBUTIONS. The CITY shall not require the OWNERS and
DEVELOPER to donate any land or money to the CITY, or any other governmental body,
except as otherwise expressly provided in this Agreement.
12. SCHOOL AND PARK DONATIONS. DEVELOPER shall be responsible for
making the contributions outlined in Exhibit "H" and Exhibit "P' to the Yorkville Community
School District #115 ( "School District "), the City of Yorkville Park Department ( "Park
Department ") and the CITY for the estimated impact and donation that is projected to be
experienced by said entities as a result of the development of the Residential Parcel in the
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manner provided for under this Agreement. There shall be no other school and park
contributions required.
13. PROJECT SIGNS. Following the date of this Agreement and through the date
of the issuance of the final occupancy permit, DEVELOPER shall be entitled to construct,
maintain and utilize offsite subdivision identification, marketing and location signs at not more
than two (2) locations at any time within the corporate limits of the CITY as DEVELOPER may
designate (individually an " Offsite Sign' and collectively the " Offsite Signs ") subject to sign
permit review and issuance by the CITY. Offsite Signs will not be located on public right-of-
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way. DEVELOPER shall be responsible, at its expense, for obtaining all necessary and
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appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite
Sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs,
DEVELOPER shall be permitted to construct, maintain and utilize signage as identified in
Exhibit "G" attached hereto and shall be pepnitted as a permanent sign at the entry of residential
neighborhood.
14. MODEL HOMES, PRODUCTION UNITS AND SALES TRAILERS.
During the development and build out period (subsequent to final plat approval), OWNERS and
DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may
authorize, may construct, operate and maintain model homes and sales trailers staffed with
OWNERS' and DEVELOPER'S, or such other person's or entity's, sales and construction staff,
and may be utilized for sales offices for Blackberry Woods. The number of such model homes
and sales trailers and the locations thereof shall be as from time to time determined or authorized
by DEVELOPER.
Off - street parking shall be required for model homes when more than five (5) model
homes are constructed on consecutive lots in a model home row. Three (3) off - street spaces will
be required for each model home in a model home row, with combined required parking not to
exceed thirty (30) off - street spaces. A site plan showing the location of the parking areas and
walks will be submitted for review and approval by the CITY.
No off - street parking shall be required for individual model homes or sales trailers that
are not part of a model home row other than the driveway for such model home /sales trailer
capable of parking two (2) cars outside of the adjacent road right -of -way. Building permits for
model homes, sales trailers and for up to five (5) dwelling units, shall be issued by the CITY
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upon proper application thereof prior to the installation of public improvements (provided a
gravel access road is provided for emergency vehicles and upon submission of a temporary hold
harmless letter to the CITY and the Bristol - Kendall Fire Protection District.) A final inspection
shall be conducted prior to the use of a model home and water service shall be made available
within 300' of the model home. There shall be no occupation or use of any model homes or
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production dwelling units until the binder course of asphalt is on the street, and no occupation or
use of any production dwelling units until the water system and sanitary sewer system needed to
service such dwelling unit are installed and operational or until temporary service is available,
whichever is earlier. Use of models as a model unit only shall not be deemed to be "occupancy"
thereof and may be made prior to connection to a sanitary sewer or water system, so long as
temporary waste water holding tanks and temporary water facilities are installed to serve them.
DEVELOPER may locate temporary sales and construction trailers during the
development and build out of said property, provided any such sales trailer shall be removed
within two (2) weeks following issuance of building permits for all units. A building permit will
be required by the CITY for any trailer that will be utilized as office space. Prior to construction
of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with
landscaping and elevations for the CITY's approval.
DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the
Corporate Authorities (collectively "Indemnities ") from all claims, liabilities, costs and
expenses incurred by or brought against all or any of the Indemnities as a direct and proximate
result of the construction of any model homes or production dwelling units prior to the
installation of the public street and water improvements required to service such dwelling unit
and shall execute and deliver to the CITY a hold harmless and indemnification agreement in
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form and content reasonably satisfactory to the CITY, so providing, prior to the commencement
of construction of any model homes. DEVELOPER shall be permitted to obtain building
permits in the same manner for additional model homes and for initial production dwelling units
as the Final Plat and Final Engineering is approved by the CITY.
15. CONTRACTORS' TRAIL�:RS. The CITY agrees that from and after the date
of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be
placed upon such part or parts of the SUBJECT PROPERTY as required and approved by
OWNERS and DEVELOPER for development purposes. Said trailers shall be removed
respectively, within thirty (30) days after issuance of the last occupancy permit for each such
parcel, subject to force majeure. A building permit will be required by the CITY for any trailer
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that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in
good working order and the area will be kept clean and free of debris. No contractor's trailers or
supply trailers will be located within dedicated right -of -way.
16. CERTIFICATES OF OCCUPANCY.
A. The CITY shall issue certificates of occupancy for buildings and dwelling units
constructed on the SUBJECT PROPERTY within five (5) working days after proper application
therefor or within five (5) working days after the receipt of the last of the documents or
information required to support such application, whichever is later. If the application is
disapproved, the CITY shall provide the applicant within five (5) working days after receipt of
the application and all documentation or information required to support such application, with a
statement in writing of the reasons for denial of the application including specification of the
requirements of law which the application and supporting documents fail to meet. The CITY
agrees to issue such certificates of occupancy upon the applicant's compliance with those
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requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services j
of such consultants and/or hire such employees as may be necessary to ensure that the CITY is
able to fulfill its obligations under this Subsection. The foregoing, however, shall not negate the
obligation of OWNERS and /or DEVELOPER to pay all fees otherwise payable for services
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i rendered in connection with the issuance Ff certificates of occupancy under applicable CITY
ordinances.
B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the
CITY for buildings and dwelling units whose driveway and /or sidewalk paving and grading
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improvements have not been completely finished due to adverse weather conditions subject to
the following understanding: if a certificate of occupancy is issued for such a building or
dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading
improvements for such building or dwelling unit as soon as weather permits but in any event by
the following summer, the CITY shall have the right to withhold the issuance of further building
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permits to such party until such exterior work has been completed; Notwithstanding the
foregoing, if the provision above applies but if the party that failed to complete the driveway
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and /or sidewalk paving or grading improvements posts Security with the CITY in the amount of
one hundred ten percent (110 %) of the amount estimated by OWNERS and/or DEVELOPER
and approved by the CITY to be needed to complete such improvements or to effect such
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corrections, the CITY shall not withhold the issuance of such building permits or certificates of
occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility
company to energize street lights installed by OWNERS and /or DEVELOPER on the SUBJECT
PROPERTY constitute a basis for the CITY denying the issuance of building permits or a
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certificate of occupancy for buildings and dwelling units constructed or to be constructed within
the SUBJECT PROPERTY.
17. LIMITATIONS. In no event, including, without limitation, the exercise of the
authority granted in Chapter 65, Section 5/11 -12 -8 of the Illinois Compiled Statutes (2002) ed.,
shall the CITY require that any part of tl e SUBJECT PROPERTY be dedicated for public
purposes, except as otherwise provided in this Agreement or identified on the Concept PUD
Plan.
18. COMMENCEMENT OF IMPROVEMENTS.
A. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the
commencement of construction of utility improvements on the SUBJECT PROPERTY or any
Parcel thereof at the sole risk and cost of OWNERS and/or DEVELOPER prior to: (i) approval
of a final plat of subdivision; (ii) prior to construction of the CITY utility improvements
provided: (1) such construction is undertaken at the risk of the party seeking to undertake such
work; (2) approved engineering plans for such improvements have been approved by the CITY
that are sufficient in detail for the CITY to determine the nature and scope of the improvements
being constructed; (3) the preliminary subdivision plat upon which the improvements are being
constructed has been approved by the CITY; (4) the IEPA and the sanitary district that will serve
the SUBJECT PROPERTY, as and if applicable, have issued permits for the construction of
sanitary sewer and water lines. The CITY agrees to review and, where appropriate, execute
IEPA sewer and water permit applications separate and apart from the review of final
engineering plans so that the IEPA will be in a position to issue such permits prior to CITY
approval of final engineering plans; and (5) the construction complies with the CITY'S then
existing soil erosion ordinances. OWNERS and DEVELOPER shall indemnify the CITY against
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any claims, actions or losses the CITY may suffer, sustain or incur because another
governmental agency takes action against the CITY after OWNERS and /or DEVELOPER
undertake development activities on either of their respective parcels pursuant to the provisions
of this Subsection 23(B).
B. The CITY shall issue permit; to OWNERS and/or DEVELOPER to authorize the
commencement of mass earthwork and grading on their respective parcels of the SUBJECT
PROPERTY or any Parcel thereof prior to acceptance of a final plat of subdivision and final
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engineering by the CITY, provided, that OWNERS and /or DEVELOPER has submitted mass
grading and erosion control plans to the CITY at least thirty (30) days prior to the
commencement of such mass earthwork and grading and complies with the erosion control
ordinance of the CITY.
C. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the
commencement of construction and installation of building foundations prior to acceptance of a
final plat of subdivision and final engineering by the CITY, provided, that DEVELOPER have
provided for all- weather access to such Lots on which building foundations are being constructed
and installed, in the form of aggregate driveways. Any such installation of foundations prior to
acceptance of a final plat of subdivision and final engineering by the CITY shall be at
DEVELOPER'S sole risk. Issuance of building permits by the CITY pursuant to this Section
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shall not be deemed to guaranty the approval by the CITY of any final plat or engineering for the
SUBJECT PROPERTY then under review.
D. Notwithstanding the foregoing, the SUBJECT PROPERTY or any portion thereof
may continue to be used for agricultural and nursery uses as interim uses until the relevant
20 ,�Y
portion of the SUBJECT PROPERTY is actually developed. Such uses shall constitute legal,
non - conforming uses of the SUBJECT PROPERTY.
19. COVENANTS. In addition to any architectural control ordinances adopted by
the CITY, the DEVELOPER agrees to impose covenants, conditions and restrictions relating to
fagade materials, accessory structures and o lother building restrictions at the time of final plat
submittal for each unit.
DEVELOPER shall include provisions in the covenants to provide that the Homeowners
Association shall be responsible for the maintenance of landscaping within the perimeter
landscaping easements, signage provided, and other obligations as determined at the time of final
platting and as referenced in this Agreement.
20. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE
AREA (DSSA).
A. Homeowners Association. DEVELOPER shall establish through a declaration of
covenants, conditions and restrictions, two Homeowners Associations ( "R -2 Association ") and
( "R -4 Association ") of all lot owners and a mandatory membership of all lot owners in each
Association, one association for the R -2 lots and one association for the R -4 lots.
The R -2 Association shall have the primary responsibility and duty to carry out and pay
for the maintenance of Common Facilities (defined below) through assessments levied against all
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dwelling units. A maintenance easement shall be established over all of the Common Facilities
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located on the final plat for the Association that undertakes responsibility for the Common
Facilities Maintenance. The Association will be responsible for the regular care, maintenance,
renewal and replacement of the Common Facilities including stormwater detention areas and
other open spaces. The maintenance described herein shall include, without limitation, the
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mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and
replacement of diseased or dead landscape materials, and the repair and replacement of fences
and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall
otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance.
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The R -4 Association shall have the primary responsibility and duty to carry out and pay
for the maintenance of the Common Facilities and all of the yards of the lots in the R -4
Association through assessments levied against all dwelling units. Fences shall not be allowed in
any of the yards in the R -4 lots (except to enclose or protect a porch or deck area.) A
maintenance easement shall be established over all of the Common Facilities located on the final
plat for the Association that undertakes responsibility for the Common Facilities Maintenance.
The maintenance described herein shall include, without limitation, the mowing and fertilizing of
grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead
landscape materials, and the repair and replacement of fences and monument signs, so as to keep
the same in a clean, sightly and first class condition, and shall otherwise comply with the CITY's
Property Maintenance Standards and Landscape Ordinance.
The R -4 Homeowner's Association shall be responsible for the maintenance of all of the
yard areas of the R -4 lots. The Declaration of covenants and restrictions shall include a
paragraph that requires the R -4 Homeowner's Association to maintain all of the yard areas of the
R -4 lots.
B. Dormant Special Service Area. DEVELOPER agrees to the CITY enacting at the
time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the
event that the Homeowner's Association fails to maintain the private common areas, detention
ponds, perimeter landscaping features, and entrance signage.
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21. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the
development of the SUBJECT PROPERTY, OWNERS or DEVELOPER determine that any
existing utility easements and /or underground lines require relocation to facilitate the completion
of their obligation for their respective parcels of the SUBJECT PROPERTY in accordance with
the Preliminary PUD Plan, the CITY shall fully cooperate with OWNERS and DEVELOPER in
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causing the vacation and relocation of such existing easements and/or utilities, however, all costs
incurred in furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any
easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is
subsequently determined to be in error or located in a manner inconsistent with the intended
development of the SUBJECT PROPERTY as reflected on the Preliminary PUD Plan and in this
Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and
relocating such easement and utility facilities located therein, which costs shall be borne by
OWNERS or DEVELOPER, as the case may be. Notwithstanding the foregoing, and as a
condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the
cost of design and relocation of any such easement and the public utilities located on their
respective parcels unless the relocation involves overhead utilities.
22. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT
PROPERTY as a development to be commonly known as Blackberry Woods in accordance with
the final plat and final engineering approved by the CITY in accordance with the terms hereof,
and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect
any portion or all of said property from the CITY or from any service provided by the CITY.
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23. CONFLICT IN REGULATIONS. The provisions of this Agreement shall
supersede the provisions of any ordinance, code, or regulation of the CITY which may be in
conflict with the provisions of this Agreement.
II I
24. CITY ASSISTANCE. The CITY agrees to cooperate and provide any
reasonable assistance requested by OWNERS and DEVELOPER in applying for and obtaining
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any and all approvals or permits necessary for the development of the SUBJECT PROPERTY,
including, but not limited to those required from the Illinois Environmental Protection Agency,
the Army Corps of Engineers, the Federal Emergency Management Agency, the United States
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Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol
Township, the United City of Yorkville Park Board and Yorkville Community Unit School
District 115. The CITY further agrees to reasonably cooperate with OWNERS and /or
DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district, j
the County of Kendall and all other governmental units in connection with the contemplated
development of the SUBJECT PROPERTY.
25. ADDRESSES. Within fourteen (14) days after the final plat of subdivision is
approved, CITY will provide DEVELOPER with the addresses of all lots for the purpose of
expediting the process of obtaining utility installations by the applicable utility company or
companies.
26. SUBSEOUENT AMENDMENTS. It is understood and agreed that subsequent
amendments of this Agreement, may be obtained solely by the owner of any portion of the
SUBJECT PROPERTY and the CITY as to such portion without any action or approval of the
owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the
rights, duties or obligations of the owners of the balance of the SUBJECT PROPERTY not
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23. CONFLICT IN REGULATIONS. The provisions of this Agreement shall
supersede the provisions of any ordinance, code, or regulation of the CITY which may be in
conflict with the provisions of this Agreement.
24. CITY ASSISTANCE. The CITY agrees to cooperate and provide any
reasonable assistance requested by OWNERS and DEVELOPER in applying for and obtaining
any and all approvals or permits necessary for the development of the SUBJECT PROPERTY,
including, but not limited to those required from the Illinois Environmental Protection Agency,
the Army Corps of Engineers, the Federal Emergency Management Agency, the United States
Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol
Township, the United City of Yorkville Park Board and Yorkville Community Unit School
District 115. The CITY further agrees to reasonably cooperate with OWNERS and /or
DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district,
the County of Kendall and all other governmental units in connection with the contemplated
development of the SUBJECT PROPERTY.
25. ADDRESSES. Within fourteen (14) days after the final plat of subdivision is
approved, CITY will provide DEVELOPER with the addresses of all lots for the purpose of
expediting the process of obtaining utility installations by the applicable utility company or
companies.
26. SUBSEOUENT AMENDMENTS. It is understood and agreed that subsequent
amendments of this Agreement, may be obtained solely by the owner of any portion of the
SUBJECT PROPERTY and the CITY as to such portion without any action or approval of the
owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the
rights, duties or obligations of the owners of the balance of the SUBJECT PROPERTY not
24
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included in the aforedescribed amendments without any action or approval of the owners of other
portions of the SUBJECT PROPERTY. Rezoning or an amendment of the PUD may be applied
for and processed by the CITY without requiring an amendment of this Agreement.
27. "RIGHT TO FARM" LANGUAGE. The OWNERS and /or DEVELOPER of
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the property acknowledges that Kendall County has a long, rich tradition in agriculture and
respects the role that farming continues to play in shaping the economic viability of the county
(zoning indicator A -1 or Ag Special Use), normal agricultural practices may result in occasional
smells, dust, sights, noise and unique hours of operation that are not typical in other zoning areas.
The OWNERS and/or DEVELOPER of the property agree to incorporate the "Right to Farm"
language on the Final Plat of Subdivision and incorporate similar language within such other
documents governing the subdivision if any property adjacent thereto is used or operated as a
farm.
28. RESPONSIBILITIES OF OWNER AND DEVELOPER. The OWNERS shall
not be required to perform any of the obligations under this Agreement so long as OWNERS are
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passive title holders in the SUBJECT PROPERTY and do not act as a developer. Upon the
transfer of OWNER's rights, title or interest or any portion thereof to DEVELOPER, the
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covenants and obligations of OWNERS and DEVELOPER hereunder as to such portion shall be
performed by DEVELOPER. Until such time as any portion is transferred to DEVELOPER the
obligations hereunder as to such portion shall not be required to be performed by DEVELOPER
as the case may be. The CITY agrees that the OWNERS and DEVELOPER are exculpated from
any personal liability or obligation to perform the commitments and obligations set forth herein
for the SUBJECT PROPERTY for which they do not act as developer and that the CITY will
look solely to the party who develops for such performance.
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29. GENERAL PROVISIONS.
A. Enforcement. This Agreement shall be enforceable in the Circuit Court of
Kendall County by any of the parties or their successors or assigns by an appropriate action at
law or in equity to secure the performance of the covenants and agreements contained herein,
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1
including the specific performance of this Agreement. This Agreement shall be governed by the
laws of the State of Illinois.
B. Successors and Assigns. This Agreement shall inure to the benefit of and be
binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon
the CITY, and any successor municipalities of the CITY. It is understood and agreed that this
Agreement shall run with the land and as such, shall be assignable to and binding upon each and
every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the
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CITY. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS
and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of
a empty lot or a lot improved with a dwelling unit who acquires the same for residential
occupation, unless otherwise expressly agreed in writing by such purchaser.
C. All Terms and Conditions Contained Herein. 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.
D. Notices. Notices or other materials which any party is required to, or may wish
to, serve upon any other party in connection with this Agreement shall be in writing and shall be
26
deemed effectively given on the date of confirmed telefacsimile transmission, on the date
delivered personally or on the second business day following the date sent by certified or
registered mail, return receipt requested, postage prepaid, addressed as follows:
(I) If to OWNERS: Blackberry Woods, LLC
P.O. Box 307
Wheaton, Illinois 60189
Fax: (630) 553 -3024
with copies to: Law Offices of Dallas C. Ingemunson, P.C.
226 S. Bridge Street
Yorkville, Illinois 60560
Attention: Gregg Ingemunson
Fax: (630) 553 -7958
(II) If to DEVELOPER: McCue Builders, Inc.
P.O. Box 354
Bristol, Illinois 60512
Attention: Bill McCue
Fax: (630) 553 -1250
with a copy to: Law Offices of Dallas C. Ingemunson, P.C.
226 S. Bridge Street
Yorkville, Illinois 60560
Attention: Gregg Ingemunson
Fax: (630) 553 -7958
(II1) If to CITY: United City of Yorkville
Attn: City Clerk
800 Game Farm Road
Yorkville, IL 60560
Fax: (630) 553 -7575
or to such other persons and /or addresses as any party may from time to time
designate in a written notice to the other parties.
E. Severabilitv. This Agreement is entered into pursuant to the provisions of
Chapter 65, Sec. 5/11- 15.1 -1, et seq., Illinois Compiled Statutes (2002 ed.). 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
27
designation of this Agreement shall be deemed to be excised from this Agreement and the
invalidity thereof shall not effect such portion or portions of this Agreement as remain. In
addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required
to fulfill the intent of this Agreement as to the use and development of the SUBJECT
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PROPERTY.
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1 F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be
amended from time to time in writing with the consent of the parties, pursuant to applicable
provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by
I
the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions
applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT
PROPERTY not effected by such Agreement.
G. Convevances. Nothing contained in this Agreement shall be construed to restrict
or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the
SUBJECT PROPERTY, whether improved or unimproved.
H. Necessary Ordinances and Resolutions,. The CITY shall pass all ordinances and
resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or
assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this
Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to
authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects
which may arise after the execution of this Agreement.
I. Term of Agreement. The term of this Agreement shall be twenty (20) years from
the date of execution of this Agreement. In the event construction is commenced within said
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twenty -year period all of the terms of this Agreement shall remain enforceable despite said time
limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS.
J. Captions and Paragraph Headings. The captions and paragraph headings used
herein are for convenience only and shall not be used in construing any term or provision of this
Agreement. 19
K. Recordiniz. This Agreement shall be recorded in the Office of the Recorder of
Deeds, Kendall County, Illinois, at DEVELOPER' s expense.
L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement,
and the exhibits attached hereto, are incorporated herein by this reference and shall constitute
substantive provisions of this Agreement.
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M. 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.
N. 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 or approval for the final plat of the subdivision.
Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main
I
extensions by the Illinois Environmental Protection Agency, Yorkville - Bristol Sanitary District,
or any other governmental agency that preempts the authority of the United City of Yorkville.
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O. Time is of the Essence. Time is of the essence of this Agreement and all
documents, agreements, and contracts pursuant hereto as well as all covenants contained in this
Agreement shall be performed in a timely manner by all parties hereto.
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P. Legal Challenges. If for any reason and at any time, the annexation of the }
SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at
I
law or in equity, the CITY shall: (i) cooperate with OWNERS and/or DEVELOPERS in the
vigorous defense of such action through all proceedings, including any appeals; and (ii) take
such other actions as may then or thereaftei be possible pursuant to the Illinois Municipal Code
to annex the SUBJECT PROPERTY and /or other properties to the CITY so that the annexation
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of the SUBJECT PROPERTY to the CITY can be sustained and /or effected.
Q. Maior and Minor Modifications. Any modification to any approved preliminary
or final plats of subdivision and engineering plans, which are deemed to be minor modifications,
may be approved by the CITY Administrator (following review and approval by the CITY
Engineer) without requiring a public hearing and without formal amendment to the Planned
Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications
necessary to solve engineering, layout and /or design problems shall be deemed to be minor
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modifications so long as such modifications do not change the essential character of the
preliminary or final plats of subdivision or engineering plans or increase the total number of
dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final
plat of subdivision or engineering plan, which if determined by the CITY to be major
modifications, shall require review by the CITY's Planning Commission and approval by the
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CITY Council. In no event shall such major modification require an amendment to this
AGREEMENT.
R. 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,
30
3'1"
the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or
federal regulatory bodies.
S. Effectiveness. This Agreement shall be subject to and shall take effect after the
consummation of the transaction between OWNERS and DEVELOPER for the sale of any
portion by OWNERS to DEVELOPER.
[SIGNATURE PAGE FOLLOWS]
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3�
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this
Agreement as of the day and year first above written.
OWNERS: CITY:
MCCUE BUILDS, INC.
i
B
y�
Name: �i �� ►�� /Z 114
Its: �i2e5r��
i
UNITED CITY OF YORKVILLE
An Illinois Municipal Corporation
By:
Title: Mayor
JF
Attest:,.;
Title: City Clerk
DEVELOPER:
V OPER•
a
Ll.
McCue Builders, Inc.
By: -✓�� -' ✓��
Name: i C,
Its: Ae's(j t" �
3`'
LIST OF EXHIBITS
EXHIBIT "A ": Legal Description and Plat of Annexation of SUBJECT PROPERTY
EXHIBIT `B ": Legal Description For Area Zoned R -2 and R -4 PUD
{ EXHIBIT "C ": Preliminary PUD Plan
I
J EXHIBIT "D ": Preliminary Landscape Plan
EXHIBIT "E ": List of Variations
EXHIBIT "F ": Fee Schedule
j EXHIBIT "G ": Signage
EXHIBIT "H ": School Contribution
EXHIBIT "I ": Park Contribution
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35
EXHIBIT "A"
LEGAL DESCRIPTION AND PLAT OF ANNEXATION OF SUBJECT PROPERTY
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3�°
Feb 10 06 01:56p 630- 551 -4950 p.1
••r. v•.. .., . -V. vl ■ VJV JJJ VyLL V_1J LL.I: 1):litll LUItnS �L,�,,.' uouz
EXHIBIT 'A'
PARCEL 1 DESCRIPTION:
THAT PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF SAID SECTION 29 PER MONUMENT RECORD 76 -5256; THENCE
NORTH 01 DEGREES 10 MINUTES 20 SECONDS WEST (BEARINGS ASSUMED FOR
DESCRIPTION PURPOSES ONLY), 2148.14 FEET ALONG THE EAST LINE OF CONOVER - S
PROPERTY PER ALTAIACSM LAND TITLE SURVEY PREPARED BY RS & ASSOCIATES
DATED 11 -3-05 (DWG #: 2005 - 12650 -002D) TO THE POINT OF BEGINNING; THENCE
CONTINUING NORTHERLY, 502.04 FEET ALONG THE LAST DESCRIBED COURSE TO A 314
INCH IRON PIPE AT AN ANGLE POINT IN SAID EAST LINE AS ESTABLISHED BY RB &
ASSOCIATES PER THE AFOREMENTIONED SURVEY; THENCE NORTH 01 DEGREES 18
MINUTES 22 SECONDS WEST, 739.40 FEET ALONG SAID EAST LINE TO A FENCE NOW
MONUMENTING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER (SAID
SOUTH LINE BEING COINCIDENT WITH THE SOUTH LINE OF PROPERTY CONVEYED PER
DOCUMENT 890707); THENCE NORTH 88 DEGREES 29 MINUTES 62 SECONDS EAST,
2056.92 FEET ALONG SAID SOUTH LINE AND ALONG THE SOUTH LINE OF CIMARRON
RIDGE SUBDIVISION AND CIMARRON RIDGE -TWO SUBDIVISION TO A FENCE LINE;
THENCE SOUTH 12 DEGREES 48 MINUTES 42 SECONDS EAST, 521.27 FEET ALONG SAID
FENCE LINE; THENCE SOUTH 05 DEGREES 50 MINUTES 25 SECONDS WEST, 170.51 FEET
ALONG SAID FENCE LINE; THENCE SOUTH 14 DEGREES 56 MINUTES 13 SECONDS
WEST, 427.66 FEET ALONG SAID FENCE LINE; THENCE SOUTH 20 DEGREES 12 MINUTES
46 SECONDS WEST, 102.40 FEET ALONG SAID FENCE LINE TO THE SOUTH LINE
EXTENDED WESTERLY OF LOT 4 IN CONOVER'S THIRD SUBDIVISION; THENCE SOUTH 86
DEGREES 04 MINUTES 25 SECONDS EAST, 99.32 FEET ALONG SAID EXTENDED SOUTH
LINE TO THE CENTER LINE OF BLACKBERRY CREEK; THENCE SOUTH 30 DEGREES 04
MINUTES 31 SECONDS WEST, 48.00 FEET ALONG SAID CENTER LINE; THENCE SOUTH 09
DEGREES 24 MINUTES 52 SECONDS WEST, 15.30 FEET ALONG SAID CENTER LINE;
THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST, 2054.73 FEET TO THE
POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
PARCEL 2 DESCRIPTION:
THAT PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 37 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF SAID SECTION 29 PER MONUMENT RECORD 76 -5255; THENCE
NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST (BEARINGS ASSUMED FOR
DESCRIPTION PURPOSES ONLY), 3389:57 FEET ALONG THE WEST LINE OF THE SAID
SECTION PER PLAT OF SURVEY PREPARED BY JAMES M. OLSON ASSOCIATES, LTD.,
DATED 6 -10 -96 (NO. 5512-A) TO THE POINT OF BEGINNING AT THE FENCE NOW
MONUMENTING THE SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER (SAID
SOUTH LINE BEING COINCIDENT WITH THE SOUTH LINE OF PROPERTY CONVEYED PER
DOCUMENT 896707); THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST, 2.19
FEET ALONG SAID SOUTH LINE TO THE EAST LINE CONOVER'S PROPERTY PER
ALTAIACSM LAND TITLE SURVEY PREPARED BY RB & ASSOCIATES DATED 11 -3 -05
(DWG #: 2005-42650-002D); THENCE SOUTH 01 DEGREES 18 MINUTES 22 SECONDS
EAST, 739.40 FEET ALONG SAID EAST LINE TO A 314 INCH IRON PIPE AT AN ANGLE
POINT IN SAID EAST LINE AS ESTABLISHED BY RB & ASSOCIATES PER THE
AFOREMENTIONED SURVEY; THENCE SOUTH 01 DEGREES 10 MINUTES 20 SECONDS
EAST, 502.04 FEET ALONG SAID EAST LINE TO A POINT THAT IS 2148.14 FEET
NORTHERLY (AS MEASURED ALONG SAID EAST LINE) OF THE SOUTHWEST CORNER OF
SECTION 29, AFORESAID; THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST,
2.48 FEET TO THE POINT OF BEGINNING, IN BRISTOL TOWNSHIP, KENDALL COUNTY,
ILLINOIS.
FEB -9 -2006 THU 03:59PM ID:PC CUE BUILDERS. INC. PAGE:B
02 -10 -2006 14:82 MCCUE BLDRS HEARTLAND 6305533636 PAGE1 3�
PLAT OF ANNEXA FI X 6WIC SHEET 1 OF 1 IANNATRO-GRAHT
Srff LOCATION
TO IWE
UNITED CITY OF YORKVILLE
BEINO A PART OF THE WEST HALF OF SECTION 29, TOWSHP 37 NORTH. RANGE
7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN KENDALL COUNTY, ILLINOIS.
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TO t!! ASS) I.
ANNE ATIGN TFRr.-CIT1nNI goRg o R
THAT NT OF THE — HALF OF SECTION 2E. —SHIP 3T Of
NORTH. T I THE THIRD FRIN"PAL WGRID AN
D— ED AS FCL LAST — CONNIENCING AT THE SS LOT 3
, OF SAID . SECTION ., THENCE No— DO ..— . "' CONKER IS (60-00
0 SCCCN S � ALONG THE MEAT LINE OF SAID SECTIQr
.11 THE LINE OF A FENCE HIM NOIANIZENTING THE
SOM L NE OF NN NITT ONCE GATED Y T. SPENCER FOR A .
Fo _ OF So " T'S". ""T AS " .5 MIN ""'
00 SECONDS FAST ALONG SAID —CE LINE, 3000.11 FEET:
So
THENCE SSOUTH 12 DEGREES 13 MINUTES MINUTES 34 SECONDS LORD
THE LINE OF A FENCE —CH FORMED AND ANGLIC Of
01 DEGREES
13
MINUTES SECONDS WITH THE LAST DESCRIBED mu"
ME &GUNHED NTER-11.
COU"i THEREFROM, 531.21 111 Il,
THENCE _N S 25 MINUTES SECONDS ALONG
SAID FENCE LINE, I. D MINUTES U S, WEST 11a. E SOUTH la DEGREES
ALONG SAID FERCE LINE 42 (S 20 LOT 3
S - - 47 - 54 - W)
S 2012'4V W
FEET; THEIIIS ADM SO MjIA- JT S 4r MINUTES 04 SECOND$ GIST c
ALONG SAID FENCE L INE. "E . FEET TO 11 SOUTH LINE
— ..ED --, OF LOT . THIRD 102.".
TH—E — So E.— . NR— 11
S DST A ONO SAID EXT—D SSOUTH LINE. 99.32 FEET S 88*04*2W' E
To THE CENTER L INE OF (S 85 CREEK; THENCE SOU LOT SOUTH SO � I A '29 E)
DEG INE RE .0 39 M IN TIES SG SECONDS IFlST ALONG SA ID CENTER 9 2
9
L
F U, THENCE SOUTH 10 DEGREES GO MINA;TES DO 99.32'
SECONDS WS ALONG SAID CZ— LINE 15.30 F a TO A LINE
DRANK PERN NDICALAR TO SAID LINE FROM POINT ON
SAID REST LINE WHICH 15 —1— FEET SOUTHERLY OF THE S 30'0431' W
NDINT — Q
SFo INEST BEGI NI A GN MID NG� THERCS — DEGRES Z MINTES Z
FERFENDI "' —ILAN E LINE o —T
FEET To SLID P 30W'39" W)
D WEST LINE, THENCE NORTH DO DEGREES 39
MI NUTS 10
"""S MSTALONG SAID WEST LINE 1241 48.00'
FEET To THE 11*1NN.N.. IN BRISTOL TOGNSHil. S w4541' W (S B9 2057.21' S .9_
IDDR-1 COU A. CONTAINING — .1. 1 ( S 09*24'52' W sows C
. 10 . ,
Mope ON 't". (S 0-00 W)
1
sayFynp- rFRmnr.Az 15.30'
STATE OF IWNCIS)
(73TY M FRK f-FR-nRQ&M —AR OF 'l AND 1] PRA
=NTY OF DUPAGE)
THIS IS TO DORT THAT 1, PETR A. BLAME& AN ILLINOIS PROFESSIONAL STATE OF I...
LAND SURVEYED, HAYS NNNY-M THE ANNEXED FLAT GNICH IS AN AR KENDALL COU N TY RPMRDWR r P—A=
A=RATE MV OF THE T TONY ANNIDSM TO THE UNITED CITY OF 31 COUNTY OF KENDALL
TQRW IWNOSS BY ORDINANCE UNITED ADOPTED EY WE STATE 01� ILLINCES CEMC ON, Ltd.
MAYOR AND CITY COLINCIL 01' THE UNITED DITT OF TURINILLL 11-05 ON I
THE — D0 OF — — I — FLAT —me F -- —1.0 �0 s—
—E THIS IS TO CONRIFY THAT THE TERINTORY DESCRIBED AND WOVEN ENNDN1 WAS =Hw OF GEENDALL ZZAD a. Oak CACHE, ulw 100
CIVEN UNDER NY HAND AND SEAL THIS 2071 DAY YEL FEA INOCAPORNTED � AND MADE PART OF THE UNITED CITY OF T0RWU.E ILLINOIS AOG . S11w. wS02-6075
OF —u—. -1 2XICS, POINT OF SIT CGO HAINCE No— ADOPTED By THE MAYOR AND CITY INAINICIL OF THIS IN WENT No WAS FILED FOR RECORD
THE UNITED CITY 01' �" II ON THIS — DAY OF _ m"; I
THE E RECORDER'S � O OF KENDALL =NTY. I NOM ON THIS —
comimENczmEmr DAY OF 20— AT OYlACK W W. 71= FILE AN
CIVEII UNCER A11 SEAL AT ILLINCIEL DRARSI BY: N— R.D. K. NO-' WA
IW CES PRCFE OVAL LAND WRVVDR NO. Nn CO4PL DATE: 1-5 JOB NC.; 712002
MY REGISTRATION D'M ON NMUBER 30, 20M
PRDFOCROGAL "' FIRM umm N0.:154-0O3TF5 —A1 COUNTY —DER Tom WHIT
EGIRRATON DATE IS APRA. M =7 aW CLERK RENNSION.7-11-05 /MW REVISED PER ED REVIEW DATED 7-11-0
Ip
EXHIBIT "B"
LEGAL DESCRIPTION FOR AREA ZONED R -2 and R -4 PUD
R -2 ZONING PARCEL
THAT PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 29; THENCE
NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST ALONG THE WEST LINE OF
SAID SECTION, 3389.57 FEET TO THE LINE OF A FENCE NOW MONUMENTING THE
SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER; THENCE NORTH 88
DEGREES 29 MINUTES 52 SECONDS EAST ALONG SAID FENCE LINE, 1040.11 FEET
FOR A POINT OF BEGINNING; THENCE NORTH 88 DEGREES 29 MINUTES 52
SECONDS EAST, 1019.00 FEET; THENCE SOUTH 12 DEGREES 48 MINUTES 42
SECONDS EAST, 521.27 FEET; THENCE SOUTH 05 DEGREES 50 MINUTES 25
SECONDS WEST, 170.51 FEET; THENCE SOUTH 14 DEGREES 56 MINUTES 13
SECONDS WEST, 427.66 FEET; THENCE SOUTH 20 DEGREES 12 MINUTES 46
SECONDS WEST, 102.40 FEET TO THE SOUTH LINE EXTENDED WESTERLY OF LOT 4
IN CONOVER'S THIRD SUBDIVISION; THENCE SOUTH 86 DEGREES 04 MINUTES 25
SECONDS EAST, ALONG SAID EXTENDED SOUTH LINE, 99.32 FEET TO THE
CENTERLINE OF BLACKBERRY CREEK; THENCE SOUTH 30 DEGREES 04 MINUTES
31 SECONDS WEST ALONG SAID CENTERLINE, 48.00 FEET; THENCE SOUTH 09
DEGREES 24 MINUTES 52 SECONDS WEST ALONG SAID CENTERLINE, 15.30 FEET;
THENCE SOUTH 88 DEGREES 45 MINUTES 41 SECONDS WEST, 1982.59 FEET;
THENCE NORTH 29 DEGREES 14 MINUTES 19 SECONDS EAST, 219.59 FEET; THENCE
NORTH 41 DEGREES 48 MINUTES 59 SECONDS EAST, 44.63 FEET TO A POINT ON A
CURVE; THENCE ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING
SOUTH 69 DEGREES 42 MINUTES 40 SECONDS EAST AND RADIUS OF 200.00 FEET,
150.29 FEET; THENCE NORTH 88 DEGREES 45 MINUTES 41 SECONDS EAST, 370.71
FEET; THENCE ALONG A CURVE TO THE RIGHT HAVING A CHORD BEARING
SOUTH 81 DEGREES 52 MINUTES 48 SECONDS EAST AND RADIUS OF 400.00 FEET,
130.67 FEET; THENCE SOUTH 72 DEGREES 31 MINUTES 17 SECONDS EAST, 52.67
FEET TO A POINT ON A CURVE; THENCE ALONG A CURVE TO THE RIGHT HAVING
A CHORD BEARING NORTH 34 DEGREES 36 MINUTES 38 SECONDS WEST AND
RADIUS OF 300.00 FEET, 179.41 FEET; THENCE NORTH 51 DEGREES 44 MINUTES 34
SECONDS EAST, 272.15 FEET; THENCE NORTH 38 DEGREES 15 MINUTES 26
SECONDS WEST, 517.31 FEET; THENCE NORTH 36 DEGREES 03 MINUTES 53
SECONDS EAST, 176.55 FEET TO A POINT ON A CURVE, THENCE ALONG A CURVE
TO THE LEFT HAVING A CHORD BEARING NORTH 60 DEGREES 45 MINUTES 38
SECONDS WEST AND HAVING A RADIUS OF 350.00 FEET, 83.39 FEET; THENCE
NORTH 22 DEGREES 24 MINUTES 51 SECONDS EAST 233.06 FEET TO THE POINT OF
BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND
CONTAINING 34.05 ACRES.
35
EXHIBIT "B"
LEGAL DESCRIPTION FOR AREA ZONED R -2 and R -4 PUD
(continued)
R -4 ZONING PARCEL
THAT PART OF THE WEST HALF OF SECTION 29, TOWNSHIP 37 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST 6ORNER OF SAID SECTION 29; THENCE
NORTH 01 DEGREES 14 MINUTES 18 SECONDS WEST ALONG THE WEST LINE OF
SAID SECTION, 3389.57 FEET TO THE LINE OF A FENCE NOW MONUMENTING THE
SOUTH LINE OF PROPERTY ONCE OWNED BY T. SPENCER; FOR A POINT OF
BEGINNING; THENCE NORTH 88 DEGREES 29 MINUTES 52 SECONDS EAST ALONG
SAID FENCE LINE, 1040.11 FEET; THENCE SOUTH 22 DEGREES 24 MINUTES 51
SECONDS WEST, 233.06 FEET TO A POINT ON A CURVE, THENCE ALONG A CURVE
TO THE RIGHT HAVING A CHORD BEARING SOUTH 60 DEGREES 45 MINUTES 38
SECONDS EAST AND 350.00 FOOT RADIUS, 83.39 FEET; THENCE SOUTH 36
DEGREES 03 MINUTES 53 SECONDS WEST, 176.55 FEET; THENCE SOUTH 38
DEGREES 15 MINUTES 26 SECONDS EAST, 517.31 FEET; THENCE SOUTH 51
DEGREES 44 MINUTES 34 SECONDS WEST, 272.15 FEET TO A POINT OF
CURVATURE; THENCE ALONG A CURVE TO THE LEFT HAVING A CHORD BEARING
SOUTH 34 DEGREES 36 MINUTES 38 SECONDS WEST AND 300.00 FOOT RADIUS,
179.41 FEET, THENCE NORTH 72 DEGREES 31 MINUTES 17 SECONDS WEST, 52.67
FEET TO A POINT OF CURVATURE, THENCE ALONG A CURVE TO THE LEFT
HAVING A CHORD BEARING NORTH 81 DEGREES 52 MINUTES 48 SECONDS WEST
AND 400.00 FOOT RADIUS, 130.67 FEET; THENCE SOUTH 88 DEGREES 45 MINUTES
41 SECONDS WEST, 370.71 FEET TO A POINT OF CURVATURE; THENCE ALONG A
CURVE TO THE RIGHT HAVING A CHORD BEARING NORTH 69 DEGREES 42
MINUTES 40 SECONDS WEST AND 200.00 FOOT RADIUS, 150.29 FEET; THENCE
SOUTH 41 DEGREES 48 MINUTES 59 SECONDS WEST, 44.63 FEET; THENCE SOUTH 29
DEGREES 14 MINUTES 19 SECONDS WEST, 219.59 FEET; THENCE SOUTH 88
DEGREES, 45 MINUTES 41 SECONDS WEST, 74.62 FEET; THENCE NORTH 01
DEGREES 14 MINUTES 18 SECONDS WEST, 1241.43 FEET TO THE POINT OF
BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS AND
CONTAINING 25.95 ACRES.
36
+�P
EXHIBIT "C"
PRELIMINARY PUD PLAN
I
37
.4i
SA -Sdt SHEET 1 OF 1
LOCATION PLANNED UNIT DEVELOPMENT PLAT
-a. "' "'- -•,�` =`'
SITE BATA
13XO.11x
FOR
,
ExS,M INQ Ni..P. A rm.
` 4 -_ _ DROP® ZONINQ R.a
ti DM _ LET " w'`'
BLACKBERRY WOODS SUBDIVISION M
\TA.�CE LOT 9TE:
YORKVILLE, ILLINOIS MIN ... BEESED •
rt'
1 MIX. LUTHER TARD: SO R.
SIR[ETRB •R 11 i.9ail G.TOA 19.pOx1 1
SIOM1WAlB1
" Y.WAG AND IB.NxI 3.91 k. Ic.lsil
• AREA: es� [ v vN .o: � � 'Go SO D ,B
LOCATION YAP F.eti Fox D.maxLT. s.Ale I -loO•
MMUMCM f _. 1
al' 1.1NBCAPE suN F/Sp1pT _ - ! - �F-
POINT OF BEGINNING
1� '��1y/ —•� I -- /�- ,! �! f • . PARCEL DESCRIPTION
THAT PART OF THE VEST —1 OF 9
O ERI ON C9. T-1.11 31
/ Ei� - - v _ a.,, /. •''$"- - - -/ -_ \ \ ``/' /y NOxTX. xPNOC T CAST OF TXC THIx PRINCIPAL ..ID..
DESCRIBED 65 fOLLIXISr cOMAENCINO AT THE SOUTIMEST CORNER
_ I
OF SAID 9ERION 29, THENCE NORTH GO DEGREES 39 MINUTES
! "' .�Z t" -:�L ^ l^. ";y'�1 F�::1 -� . /:::':J: ! _- , t 14 / _ L \ / 10 SCCLNDS WEST ALB. THE — LINE OF S41D SECTION,
I ' - ' ' -' �:.1T,:_.: . \. {`;:r'. T ' +W:+ �i'::'A I:�.::,.L 1:'•1.:::!i' 1::: ::: V'1; 1'.L•'. I: - -- / \NR}YF I Y/" M. ! - SY9.BT FETE TO ME LINE OP A FENCE NON LQNISIENT I NO We
...TH LINE OF PROPERTY ONCE QYN PE
ED BY T. SPENCER FOR 0
! •y .'L '(Fji Yv C: -:: : N: loy„ ]p � , �'I,' , � / / 1 POINT OF 9E.INNINO, THENCE NORW 89 DEGREES 08 MINUTES
1 \.::;' ' \... ... 1.:.'/Q:. �� 7� `7 °:Af i .. ., :.. I??m.. I:; (!! { % / �dl I ! / 1 �' ! I • 1 fir' 00 SECONDS EAST ALONG SAID FENCE LINE. 2039.11 FEET
:. :: 4. ,L .. ..s r:./... { .•:: } % I;'1 !:' % ! L 1 / / \/ I _ _ ' U — TXENCE SOUTH 12 DEGREES 13 MINUTES X SCO
ENDS [AST ALONG
... .... .r: .:: ... v. _.
/ / 1 ..... +(:.,. •.:: Y Y :.:'.'....: '..: I \ r / / % I - / TH[ L 8 W E I DESCRIBED ANT DESCR 101 DCO CCS
' 1 / IS/ �'•' _ G MINUTE S M SECONDS WW THE LAST IBEBE MUM
Ux9
E.
/ .. ::(•::':: :'.w .�. `/ W NCE E0 USO 3:I,1 nR,
! I TXCNCC SOUTH UTH 06 OB DEGREES " 20 MINUTES 33 S E3 SECONDS VEST ALONG
' I .1itiW�a' '• r 1 / �- - I_ SF./ /f 9 - I9jH9 V• j / A ' r MID FENCE LINE. FETE: THENCE FENCE n.0
3 DUKES 31
- MINUTES EN 21 CMOU MST ALOE. MIT FENCE 54 E A
FEET, THEN, CE SOUTH S TX 20 MINUTES 4T MINUTES 84 SECONDS VLLT
A [%T[H TO D ID PENCE INE. 10
L Y F LOT `.40 I CON S WIND LINE
O DEGR EES IRO
t — � yj 4Ap}E 5A j 1 /I 1 T W e f U ALONG DID OtTENOW EN UW LI 99.32 FEET
M THC Ce TER LINE OF B CN
LACMBDRT CRE: TNCNCE SOUTH So
/ . 7$ :':• / :HY:M1.9Y, " ?. ... .. - _ � ..':. +�' :.v :. j / 42 / 9 M I i � l / DUKU 39 MINUTES 39 SECONDS ME ALONG SAID CENTER
LINO 48.0 PER, THENCE SOUTH 10 DEGREES 00 MINUTES Go
8
/ i / rF l . + 42 -- n °� ''• ! /� // 1 SCC0M VCR ALB. $410 CENTER LINE TM FEET TO A LINE
NPREM PCRPCNDICULMf TO SAID NEST LINE FNOM A ME ON
MID VEST LINE WHICH 19 1241.43 FEET SOUERLY OF THE
/I - I '/T - nslf 4 q '• { ! r \ F 41 - ~) , -r / > �\ ,/ 1 ,,.� ! {J !_} / POINT OF BEGINNING, TNEx4 UT
SOUTH G9 D E AN S z0 MINES
00 SECONDS WEST ALONG SAID PLRPCXDICUTAR LINO tOOT.EI
FEET TO MID VEST LIME, TXENCE MgTH 00 DCMRS 39
1 N
I L. S /. AO' •8 / AaAOev! \ x ,O'I / J2 ',Yf 4UTU 10 fCBNDf MEET ALONG MID NEST LINE —1.4E
POINT O
FETE TT r RUNN IN BRISTOL TCN119NIP.
- —� {��— \ ` // T / •� y • \ ma y/ ' I / / T _ L \ .W FruT MUM ILLIN AND CDMAI NINA 9O.000 ACIlE9.
' . ..•6 - •.� f 39' i4s ' i J 2✓ / ,�AFF vj r
-xr.` hYMM f f lnwN+.i g6 9Ar' � i ae zx; {' I 29 ♦ H6FG 1�gD J /' a l ` 1� � � ' r , /
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! :. r .E � ...,. .�;:. '. .. ,r.:: ::.::::: .::..:.:::...c. ....... ..C�:.�:; \ _•, / yy - r;w c -___ POLISH NATIONAL ALLIANCE
YORKMLLE. ILLINOIS 60560
'i 'J�i : a
DEwnPDa:
McCUE BUILDERS, INC.
, r / /// BRISTOL, 1 60512
�
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j `l H v: :. .,.. �s3. = - / 4aii9r. \ V.•M I "�� / /// I PH 630_ 55
FA
;, .�5f1 �:. ,,, ., -,., i r '' //� / n/ //i i // osM•q FAX 630 - 553 -12553 -125
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• I 1 r / 1 r 1 r �`�'' r/ 1 L 1 1 s r /r r r f ��- ANION, lwxols aO9w -Ben
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CORNER IrnJ
D EEC ND.: 7,208 FILE SEN. : NO.
/ N
! n COMPIERON DATE: I -30 -2069 / JOB NO.: 71 0
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RU" PER De""" 8-21 - /ANSI
BUSED PER DEVELOPER 05-10 JMM ENE": TOPO
MUSED PER WENT RUM 111 -B /1110 TAB: PUD
unNR 0— CwnrA.. LLLL NI
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i
EYJHBIT "D"
PRELIMINARY LANDSCAPE PLAN
i
i
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i
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38
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NOPMRl4
BOYI
31'LANDSCAPE BERM EASEMENT
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BLACKBERRY WOODS '�. 1 D
]r � 1 � � CEMCON, Ltd.
SITE PLAN .�•� 1R�
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YORKVILLE, ILLINOIS
JULY teo
•" !� '�"°
MY12, 2005 s �c 1 1w NORTH ,�,,,,, ,,,, BUILDERS, INC.
�W�I.�aa�«Wxroe %a.t° fh(f
ARISi JL ILLINOI, %
,amWim� pqp;
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EXHIBIT "E"
LIST OF VARIATIONS
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1. Lot sizes in the R -4 District may be less than the 9,000 square feet minimum, but
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shall be at least 8,160 square feet.
2. Lot widths in the R -4 District may be less than the 70 feet minimum, but shall be
at least 65 feet.
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3. Side yards in the R -4 District may be less than the 10 feet minimum, but shall be
at least 7 feet.
4. Rear yards in the R -4 District may be less than the 30 feet minimum, but shall be
at least 25 feet.
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5. Side yards in the R -2 District may be less than the 10 feet minimum, but shall be
at least 9 feet.
6. Block length of North Carly Circle may be more than the 1320 feet maximum,
and shall be approximately 1,600 feet.
7. Length between streets may be less than the minimum of 400 ft, and shall be at
least 300 feet.
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EXHIBIT "F"
FEE SCHEDULE
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Blackberry Woods
FEES PER UNIT
A paid receipt from the School District Office, 602 -A Center Parkway
Yorkville, must be presented to the City prior to issuance of permit $3,000
Separate Yorkville - Bristol Sanitary District fee - made payable to Y.B.S.D. $1,400
United City of Yorkville Fees
1. Building Permit
Cost $650 plus $0.20 per square foot $650 + $0.20(SF)
2. Water Connection Fees SF and DU $2,660
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
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6. Public Walks /Driveway Inspection Fee $35
' 7. Development Fees
Public Works $700
Police $300
Building
$150
Library $500
Parks & Recreation $50
Engineering $100
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Bristol - Kendall Fire $1,000
Development Fees Total $2,800
see note
8. Land Cash Fees "a" below Apartment Townhome Duplex Single Family
Park N/A N/A N/A $568.18
School N/A N/A N/ A $4,780
Land -Cash Fees Total $0.00 $0.00 $0.00 $5,348.66
9. Road Contribution $2,000
10. Weather Warning Siren Fee see note "b" below $75 /acre
Note: PUD agreement specifies that these fees are to be discounted
a. For upfront land -cash donations figures, please refer to "Land- Cash" worksheet
b. $75 x 60 = $4,500
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EXHIBIT "G"
SIGNAGE
The attached renderings are illustrative of size and information. Specific design details may
change and are subject to approval.
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PRECAST SIGN WITH 6"
ETCHED LETTERS PAINTED
BLACK.
ARCHITECTURAL
PREGAS7
VENEER STONE
TO BE SELECTED.
�— o ! 2 3' - MONUMENT DETAIL
2 Vm"mmr�
REINFORCED CONCRETE FOUNDATION TO 48" DEPTH J 0 1 2 4 6
DESIGN ST STRUCTURAL ENGINEER
SCALE: 1/2 " =1'
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EXHIBIT "H"
SCHOOL CONTRIBUTION
1. Developer shall contribute the following to Yorkville Community Unit School
District #115, pursuant to the City's Land /Cash Ordinance: six hundred thirty-one
thousand, twenty -four Dollars ($631,024.00) (the "Cash Contribution ").
2. Said contribution shall be paid at the time of issuance of building permits in the
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amount of $4,708.48 per dwelling unit in satisfaction of the United City of
Yorkville School District.
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EXHIBIT "I"
PARK CONTRIBUTION
I 1. Developer shall contribute the following to the Parks and Recreation Department,
pursuant to the City's Land /Cash Ordinance: 4.32 acres consisting of those
certain parcels referred to on the Preliminary PUD Plan as the Park Sites (the
"Land Contribution ") and one hundred fifty thousand Dollars ($150,000.00)
(the "Cash Contribution ").
2. Said contribution shall be paid 50% at the time of recording the final plat the
remaining 50% at the time of issuance of building permits in the amount of
$568.18 per dwelling unit in satisfaction of the Yorkville Parks and Recreation
Department.
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