Loading...
City Council Packet 2005 05-24-05 o United City of Yorkville J ! �A .r County Seat of Kendall County EST.14 1836 800 Game Farm Road Yorkville, Illinois, 60560 � Telephone: 630-553-4350 , O� 111.1 , Fax: 630-553-7575 Website: www.yorkville.il.us ALE W" AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM Tuesday, May 24,2005 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer Wanda Ohare Rose Ann Spears Establishment of Quorum: Executive Session: 1. The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body or legal counsel for the public body, including hearing testimony on a complaint lodged against an employee of the public body or against legal counsel for the public body to determine its validity. Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday, June 27, 2005 7:00 p.m., Wednesday, May 25, 2005 City Hall Conference Room City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, June 16, 2005 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, June 2, 2005 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, June 9, 2005 City Hall Conference Room City Council Meeting Agenda May 24, 2005 Page 2 Public Hearings: None Citizen Comments: Presentations: None Consent Agenda 1. Treasurer's Reports for May—December 2004 2. Ordinance Authorizing the Execution and Delivery of an Intergovernmental Cooperation Agreement for Collateralized Single Family Mortgage Revenue Bonds -authorize Mayor and City Clerk to execute 3. Ratify Tax Levy-Not to Exceed the Rate of.7326 or the Amount of$1,746,203.30 4. Acceptance of Cannonball Park OSLAD Grant -authorize Mayor to execute 5. Grande Reserve Park E—Request to Name as Rotary Park 6. 2005 Joint& Crack Filling MFT Appropriation Resolution -authorize Mayor and City Clerk to execute 7. 2005 In-Town Drainage Improvements— Change Order#1 -authorize increase in an amount not to exceed $23,946.00 and authorize Mayor to execute Plan Commission /Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council — None Minutes of Committee of the Whole—May 3, 2005 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 228,294.73 (vendors - FY 04/05) $ 256,603.65 (vendors -FY 05/06) $ 25,346.20 (payroll period ending 4/30/05 -FY 04/05 —Elected Officials) $ 155,355.22 (payroll period ending 4/30/05 - FY 04/05) $ 665,599.80 (total) Reports: Mayor's Report: 1. Presentation of Certificate to Steven Bozue for Graduating from Police Training 2. Appointment of Finance Director 3. Appointment of Executive Director of Parks and Recreation 4. Appointment of Deputy Clerk 5. Recommendation of Alderman Valerie Burd as Mayor ProTem for FY 05/06 City Council Meeting Agenda May 24, 2005 Page 3 Reports(con't): City Attorney's Report: 1. Ordinance Regarding Prohibiting Contractual Relationships with Spouses and Relatives or Certain Elected Officials, Officers, and Employees 2. Resolution Amending Employee Manual Regarding Prohibited Employment of Certain Spouses and Relatives City Clerk's Report: City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: Chief of Police Report: Executive Director of Parks & Recreation Report: Community& Liaison Report: Committee Reports: Public Works Committee Report: 1. Ordinance Amending City Code Regarding Permanent Landscape Watering Systems for Non Residential Properties Economic Development Committee Report: 1. Lincoln Prairie Yorkville— Annexation Agreement a. Ordinance Authorizing the Execution b. Ordinance Annexing Public Safety Committee Report: 1. No Report Administration Committee Report: 1. Approval of Engineering Assistant's Degree Program and Tuition Reimbursement for FY 04/05 Additional Business: Adjournment: City Council Meeting Agenda May 24, 2005 Page 4 COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005 –2006 PUBLIC WORKS; =��._--=------------ ----------------------------------- ------------------------ ---------------------- Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James ---5 ;ECONOMIC DEVELOPMENT; Committee Departments Liaisons Chairman: Alderman Munns Planning &Building&Zoning Chamber of Commerce Committee: Alderwoman Burd Business &Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council —__ Downtown Re-development PUBLIC SAFETY; Committee Departments Liaisons Chairman: Alderwoman Ohare Police Human Resource Comm. Committee: Alderwoman Spears Schools School District Committee: Alderman Wolfer Public Relations KenCom Committee: Alderman Leslie ADMINISTRATION Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderwoman Burd AD-HOC: TECHNOLOGY; --------------------------------------------- ------- --- -------------------- Committee Co-Chairman: Alderwoman Ohare Co-Chairman: Alderman Wolfer 01' .c�0 CO44 Jz` y United City of Yorkville Memo i o 800 Game Farm Road Est I% 1836 Yorkville, Illinois 60560 NI : o1636� R. p� Fx: 630-553-7575 117 MCOtM `�► LLE ‘‘'�` Date: May 20, 2005 To: Mayor& City Council I From: Traci Pleckham—Finance Directo P Subject: Collateralized Single Family Mortgage Revenue Bonds Attached please find information as it relates to the Assist Program(commonly known as first- time home buyer's program). In addition, there has been 35 Loan Originations in Yorkville, totaling $4,644,104.00 since 2003. Want a home of your own, _ ' but can't meet the down payment and closing costs? k- The City of Yorkville,in association with a number of Illinois communities,now otter a way for you to get a home of your own through their sponsorship of the Assist Program, a first-time home buyer's down payment assistance program. What is Assist? Assist is a program that will offer individuals and families with a FHA/VA,or conventional,30 year,fixed- rate mortgage and offers a full 4.25%cash gift on the amount borrowed on a mortgage to qualified home buyers for homes in the city of Yorkville. The cash gift may be used to offset some or all of the home loan's down payment and closing costs. Assist minimizes the amount of money you need on hand to purchase your home. Am I Eligible? The program is open to individuals and families who: -meet the income and purchase price requirements. a � -have not owned a home in three years. • Of I 6. -meet the qualifying requirements for a mortgage loan. -will use the home as their principal residence. NW* 6143 mob aelt -will use the program for a home purchase,not refinance. ktfik What Type of Home Can I Buy And How Much Can I Spend? Homes that meet the program guidelines are new or existing, owner-occupied, single family homes, town homes and condominiums. Purchase Price and Income Limits are as follows: Purchase Price Limits: New Existing $325,890 $325,890 Income Limits: 1 or 2 persons 3 or more $78,500 $90,275 How Do I Sign Up? 1. Contact any of the Yorkville-area participating lenders set out below. 2. Meet the program guidelines and qualify for the new home 3. Close on your purchase and enjoy your new home. Participating Lenders: Beth Prickett Stephanie Harris Allen Rodriguez Denise Kraft National City Bank Chase Home Financial Charter One Bank Union Bank (630)906-5610 (773)918-7217 (773)804-2019 (630)553-9767 Tim Galligan Scott Elza Robert Rojas 1 81 Advantage Mortgage Regency Savings Bank Amcore Bank (630) 376-0511 (708)280-7380 (630-862-2462 Page 1 of 9 DRAFT COMMITTEE OF THE WHOLE Tuesday,May 3,2005 7:05 P.M. City Conference Room Present Mayor Art Prochaska John Fay, Whispering Meadows Alderwoman Rose Spears Chuck Brooks Alderman Larry Kot Allecia Vermillion, Beacon News Alderman Paul James Ted Feenstra,V3 Companies Alderwoman Wanda Ohare John Duggan, Hamman, Lincoln Prairie Alderwoman Valerie Burd John Phillipchuck,MPI 2 Alderman Marty Munns John Zediker,MPI-Moser Alderman Joe Besco Kathy Farren,Kendall County Record Alderman Rich Sticka Laura Brown, City of Yorkville John Wyeth,City Attorney Eric Dhuse,City of Yorkville Traci Pleckham, City of Yorkville Bill Powell, City of Yorkville Harold Martin, rkville Police Mike Schoppe, SDA Paul Piews, AgY' Plan Review Paul Lieder Blhaspec,Payroll Benefits Specialist,City of Yorkville C s -Q- John Martin Public Hearing: None Presentation: MPI South John Phillipchuck introduced himself and his colleagues. MPI has assembled a large acreage adjacent to Rt 47, south of the current city limits. It is currently not contiguous,but have reason to believe that with a couple of intervening properties it could reach contiguity. There are some off site utilities that need to be brought in to service the property. It is about 725 acres. The plan that was put together is based on the new comprehensive plan. He turned the presentation over to John Martin. The assemblage is about 1 mile south of current corporate limits. It is located a little North of Ament Road,with 47 to the East, Walker Road to the South, and Immanuel Road to the West. The area North of Aux Sable Creek would be the Suburban Area and South of the Creek would be the Transitional Area. Also there is a proposed extension of Wheeler Road. The Suburban Area would have Residential Detached Single Family Homes and some Open Space. There will be a gross density of 1.5—2.25 units per acre. The development will adhere to the city guidelines of no more that 2 units per acre. The Transitional Area will have open space and medium density residential diversified housing with a gross density of 2.25—3.5 units per acre. If 3.5 units per acre it would have to comply with 25%more open space than required by ordinance. Page 2 of 9 The property is approximately 3 miles long from the North to the South. There is approximately 70 acres of floodplain along Aux Sable Creek,and there is a North— South drainage ditch that gives a basis for forming the neighborhoods around these open space corridors. The Suburban Area is comprised of 171 acres of open space, 70 in the floodplain, 50 acres of storm water management,45—50 acres of open space for the trails. There is a proposed 35 acres for a middle school site with an additional 5 with the acquisition of another property. The Park District has asked for some changes to accommodate 10— 15 acres of park site along with the school site. On the West side of the ditch system will be the 12,000 square foot estate sites. There will be a 5 acre site for a fire station near Immanuel Road,and the extension of Wheeler Road will also be in this area. The 10,000 square foot lot neighborhoods have a large portion of frontage backing onto open space. The storm water management facility will be in this area. Along Rt 47 will be the attached single family town home neighborhoods with a 100 foot landscape buffer between the homes and Rt 47. The Northern neighborhood will be a courtyard neighborhood and the Southern neighborhood will be more conventional town homes. The total acreage for the Suburban Area is 546.89 acres with current plans of 2.06 units per acre,which will have to be adjusted to adhere to the guidelines. The Wheeler Road extension proposed by the comprehensive plan was altered to find a better alignment to allow for a 90 degree angle crossing to the pipelines,to keep the floodplain undisturbed, and to keep the road out of the cemetery at Immanuel Road. Also if it should run past the school site and the fire station,there would be good access to those things. It does line up with a house, so it would have to route to the North of the house. The Transitional Area has a trail system that will connect the open spaces. There is Park areas and the pipeline easement is in this area. The total amount of open space in this area is 56.6 acres. There will be another 10,000 square foot lot neighborhood,a conventional town home neighborhood, a 15 acre commercial site,and a multifamily neighborhood along 47. the total South site is 742.59 acres with 16 acres for commercial sites, and 6.76 acres for the pipeline easement. The park site will be moved to the West so it has expandability. The Transitional density is 3.45 and the 25%more acres of open space would be 18 more acres. The proposal is 26 more acres with the acquisition of more property to the South. Page 3 of 9 There will be 173 - 10,000 square foot lot homes in the Suburban area, and 91 in the Transitional area. There will be 335— 12,000 square foot lots in the Suburban area. It is estimated that perhaps 50%of the 10,000 square foot homes would back up to open space. The multifamily homes would be 2 and 3 story apartment buildings. The conventional town homes would be the front loaded town homes with the garage doors in the front. The courtyard homes are rear loaded with the porch facing the street or courtyard and the garage opening up to the back with a motor court in the rear. The minimum distance between the garages is 60 feet and they are 2 car garages. Alderman James voiced a concern that the parking in these types of drives is very cramped and the streets should have at least city street standards for width. That having it be a private drive because it is not wide enough for city standards is not the best situation. There will be a trail crossing over the creek,but not a vehicular bridge to connect the North and South areas of the creek. The corridor between 47 and the homes is between i/4 mile and 100 feet currently. The properties to the East and the South of the current development proposal has had the right of first refusal,but there has been some discussion, and things are moving forward. Art was concerned that with the town homes starting so far North it would create a feeling of a wall for a long way along 47, and the feel that needs to be created is of a rural area. It is not a matter of putting space in between the homes and the road, it is what is done with that space to create that rural feel. Also the cuts onto Rt 47 need to be limited. The commercial area could have a frontage road. There is a county requirement that there are no more intersections than 1/4 miles to 1/3 miles in between lighted intersections. At this time there is not an anticipation of a request for the city council to approve a SSA. There will be some of the 12,000 square foot lots available to the local builders. The estimated cost would be in the$80,000 to $90,000 range. The payback on the lots is over 27 years. There was concern about whether or not this is affordable for the local builders. Art expressed concern about the placement of the extension of Wheeler road crossing the house and property that is not part of the development. It was planned out that the crossing with the existing road is easily visible from both directions, so that it crosses the pipeline at a 90 degree angle, and so the floodplain is not disturbed. Art suggested MPI would talk to the landowner about the road and get it approved so it is not sitting, waiting to be developed for an indefinite amount of time. Page 4 of 9 The notches out of the property are landowners with houses on their sites. One has agreed to be part of the annexation agreement. It is hoped that at least 1 of the 2 remaining property owners would annex to the city as well. The development is expected to continue to the South to Caton Farm Road where the Ial gei Commercial area would be. Larry hopes the city council will hold with the guidelines that the lots that are less than 12,000 square feet would not be allowed unless they open up to open space. The Planning Commission's largest concerns were the extension of the road,the density of the homes and the amount of town homes. Also the plan for the development being the way it is with it being a heavier development at the end it needs to have the commercial development at the end. If the commercial does not happen for years the development will be heavy at one end not being part of any finished development. The pricing of the homes would be similar to Windett Ridge and Raintree subdivisions. There was question if that was affordable. Smaller lots are not wanted, but affordable pricing is wanted. Detail Board Report(Bill list) This will move on to City Council. Items Recommended by Committee for Consent Agenda 1. Police Reports for Feb. and March 2005 2. Water Department Report for Feb. 2005 3. Nicor EasyStreet Linking Agreement On the Water Department Reports there were 2 breaks. At no time were people out of water. One break took between 3 and 4 hours to fix and the other took between 5 and 6 hours to fix because it was directly under a tree. All items will go on Consent Agenda. Mayor 1. The Nepotism policy was reviewed. There was discussion about this and who it should involve. It was agreed that relatives should not directly supervise each other. Also Department Heads,Elected Officials,and paid Appointed Officials cannot have a relative working for the city. Also if there is work to be contracted out by the city,the principal owners should not be related to Department Heads, Elected Officials or paid Appointed Officials. The Council already votes on who is awarded a contract,and it will be disclosed whether or not the Department Heads, Elected, and paid Appointed Officials work for any companies that may do work for the city. John Wyeth will be putting together a draft of this to incorporate into the existing nepotism policy. John stated that until changes to the policy are in place the city cannot act as if they are. A hiring freeze will not be feesable at this time. If there would be a hiring freeze, some of the summer programs would have to be canceled. The policy will come back to COW in 2 weeks and will be voted on at the following City Council meeting. Also the labor attorney will look it over. Page 5 of 9 2. Coffee with the Mayor will be May 7th at Rogers Flooring from 10 am to Noon. Economic Development Committee 1. Lincoln Prairie Yorkville The part of the property in the Northwest corner will have the reverted clause eliminated. The Special Uses will be outlined in the June meeting of the planning Commission and the City Council will vote on the Special Uses. The Annexation Agreement had been updated. Page 1 Paragraph A the Special Uses will be part of the petition requested in the zoning exhibit. If the special uses are denied,the special uses will be deleted from the contract. Page 2 Paragraphs B and C will be deleted. Page 4 paragraph ii related improvements will be changed to say related public improvements. Page 4 Paragraph B regarding eminent domain. It is always a last resort to use eminent domain and the City Council will vote on whether the choose to exercise that power if the need arises. Page 6 Paragraph H There is to be no hunting in the city limits, so that portion will be eliminated. 2. Schoppe Design Associates Agreement for Special Services This will move on Consent Agenda. 3. PC 2005-10 Whispering Meadows Units 3 &4—Final Plats This has been approved by the planning commission. The Mayor and Aldermen would like to know the names of some of the streets before they are agreed upon. The utilities are currently being shifted to make room for the roadway. The burm on Cannonball Trail is not finished. It will match the one on the south of the property when it is finished. Presently all the traffic routes from Faxon to Cannonball. It was requested to obtain a legal description of the easement so it can be secured to 47. It is not necessary to get the easement before the development is constructed, but it would be good to continue the road to 47. It substantially conforms to the preliminary plan with the exception of the unit 4 core lots have been dropped to allow a larger lot with the possibility of a clubhouse, so the lot count has dropped by 4. This will move on to City Council. 4. Amendment to Parking Ordinance This amendment is for commercial developments that want to have angled parking lots. Currently there are no building codes for angled parking stall lengths or overhangs. For perpendicular parking 20 foot length stalls are required. A study was done and the numbers were incorporated in the draft. These regulations are for off street parking in a parking lot. The codes that are currently in place are Subdivision standards and not for Commercial parking. This will go to the Planning Commission June 8th and will go to the June 21st COW meeting. 5. Amendment to B-3 Zoning District regarding Mini Warehouse Storage This will move on to the Planning Commission June 8th, and will come back to COW June 21 si. Page 6 of 9 Park Board 1. Sunflower Park Concept Approval This park will have a farm theme. It is a 2 acre park and will expand another 4 acres when the land becomes available. It will have a Sunflower field with daisies in front of it. Also there will be an orchard of trees. There will be a children's crop area with a boardwalk area with concrete level games such as 4 square.A garden area will be available for the children will be able to plant crops,and it is thought groups like the Garden Club or group homes would possibly be willing to help maintain this area. 2. Request for Whispering Meadows Park Town Meeting/OSLAD Grant Request The OSLAD Grant is a matching grant in the amount of$350,000. The deadline to apply is July 1st , but the deadline to get to the grant writer is June 1's. There will be a Town meeting to get input of what people would like to see in the park. It is a 12 acre park with a 15 acre school site. The park will have a train theme with a train depot pavilion and a train play sculpture. The school site is just a generic footprint for the purposes of planning. It could be changed and rearranged. The park will tie into the master Rob Roy trail system. There will be a BMX Bike trail in the park. The trails will have lighting, but the baseball field will not because it is not a complex. It is more economical to light a complex of fields. Before the park is built the school district will be asked what is needed as far as sports fields. The current plan shows a baseball field and 2 soccer fields that could also be football fields. There was concern about the placement of the sidewalks and possibly having them move so that people are not walking through the grass and wearing it out. It has also been thought about if the school is not built within a certain number of years and it reverts to park use,that the park could be expanded and still have a good layout. Alderman Munns asked about where the money will come from to maintain the parks. The land cash cannot be used to maintain parks, only to build them. Tax money is what is available to maintain the parks. The consensus was to move forward totry to get the grant. 3. Jr. Women's Club Donation for Beecher Park The Jr. Womens Club would like to donate$1000 for using the sand volleyball court as a sand area for the children since it is mainly used for that purpose now. A climbing structure will be added as well as an ADA backhoe digger. The adult sand volleyball would be relocated to a more appropriate area. Public Works Committee 1. Aux Sable Creek— 100 Year Storm Release Rate Modification Joliet did the study for the Aux Sable Creek Watershed. This change in the release rate would only be for the developments surrounding the Aux Sable Creek. John will check if this would be an ordinance to amend or a resolution before the next City Council meeting. This will move on to City Council. 2. Water Connection Fees This is regarding non-residential connection fees. It will make set fees for the size of the pipes,to limit the number of negotiations coming before city council. The sizes that will have a set fee is the pipes that are 4"and smaller. 6"and larger pipes are still able to be negotiated with the price. This moves on Consent Agenda. Page 7 of 9 3. Southwest Interceptor—Illinois Railnet License Agreement This was negotiated to not have to pay the yearly fee,to pay one lump sum and be done. The one time fee would be $42,000, and that will be cheaper in the long run The money to pay for this will be coming from the Yorkville/Bristol Sanitary District project, from the acquisition of the right of way. In the agreement Page 2, Paragraph 2.4 it refers to termination. This should be clarified as to termination of what. Also a perpetual agreement is wanted for anything in the ground being maintained or repaired so it is not at the city's expense. Also on page 1, Paragraph 2.1 the indication of the annual fee should be eliminated if the City is to pay a lump sum. This will be updated and come back to COW unless it is necessary to carry this forward within a certain time limit. 4. Route 47 Improvements Update The estimated cost for this in today's dollars is 1.7 million dollars. The city should start setting aside money for this and try to put some things off as long as possible to be able to find the funding for this project. The grant writer will be contacted to see if there are any grants available to help fund this project. 5. 2005 In-Town Road Program—Results of Bid Opening The bid came in substantially lower than the estimate. It was awarded to Aurora Blacktop. It is hoped that this project will be finished before school starts up in the fall. This moves on Consent Agenda. 6. 305 W. Kendall Drive Sewer Problem The problem is that the sewer commonly floods into their basement especially during storms due to the fact that the lines were basically laid flat. The sewer lines cannot be moved because of the placement of the water mains. The proposed action would be to install an individual lift station that would belong to the homeowner once it has been installed. This would be approved as long as she is willing to sign an agreement with these terms. There was a consensus to move this on.John will draft a resolution that will indicate a fix will be made and draft an agreement that will conclude at the time of installation. 7. Landscape Irrigation Policy This is a water conservation ordinance for non-residential properties. The city does not want the water supply to be burdened or shorted by all the water needed to maintain the landscaping elements that the city is requiring for the builders to have on these properties. They may use the water in their detention ponds,or come to City Council requesting a well. There was a concern that they should find a deep eno}ugh well so that it does not affect other property owners or the city's supply. This will come back to COW possibly as an amendment to another ordinance or ordinances. Public Safety Committee No Reports Page 8 of 9 Administration Committee I. Community Development Director Job Description Alderwoman Spears passed out what she felt ought to be the changes to the draft of the job description. The black type is the original,the red type is what she suggests be eliminated and the blue is her suggestions of revision. The green is something that needs clarification. The message that needs to be portrayed in this description is that the person would need to know a lot about municipal government as opposed to private organizations. It is recommended that the staff, Mike Schoppe, and possibly YEDC look this over and bring it back to COW in 2 weeks. Additional Business The issue of the pond by W. Kendall is not clear. It is not known if the city has taken over the pond property. Nothing official has come through to inform the City Officials or Department Heads.. John said it was approved last fall that the city had taken title through a deed. This has slipped through the cracks in the change of the attorneys. The homeowners may still be maintaining it, but requesting police patrolling. John will find out about this by meeting with the homeowners. It was suggested that the new Aldermen receive the Robert's Rules. They should have already received them. Marty suggested that the memo letterheads should all be the same, currently they are all different, and it would look more professional if they were all uniform. The community relations person should look at this issue. A Fox Hill resident contacted Joe Besco about the path on the West side of John street and requested it be painted like the path crossings on the other side of Fox Hill. In the spring Public Works goes around and paints all the crossings. Rich asked about Yorkville Hill Landscaping. He has been getting complaints about the landscaping agreements not being met. He asked if the city has the power to enforce it's agreements. They have not been maintaining their perimeter like they had agreed to. It is not known if it has been annexed yet. If they have not been annexed, they are Ilot able to run their business. -athn will find out what is happening with this. Art said at the next City Council the Appointment list will be voted on. At this time the School District does not want a replacement for the School District Representative on the Park Board to replace the one that has resigned. All the other Board Members would like to stay,but there is one opening on the Library Board due to a retirement. The person up for Appointment is Beth Gambro. Her term would be for one year to finish out the term of the person who left. Rose and Valerie would like to use the phone in participation opportunity for the city council meeting since they will not be available. Rose asked if the equipment malfunctions if the Council would be willing to hold off on the Appointments. Art said the Board would have to decide at that time. Jackie Milschewski will be contacted to obtain the number needed to call in. Page 9 of 9 Tracy said the Road improvement Bond sale for$3.875 million will be held May 10th. The Bond Ordinance will be in the packets. Also a representative from Speer will be there to hold the Bond Sale. The meeting was adjourned at 10:35 pm. Minutes submitted by Laura Leppert. c i Ty 4TTc, NC y It `��v Cil o United City of Yorkville Memo 800 Game Farm Road EST. L 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 o� �� 0 Fax: 630-553-7575 IGards1 Camay 4/ 144 E ‘‘'v Date: May 19, 2005 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Contracts/Engagements—Anti Nepotism Attached is a Final draft of the Anti-Nepotism Policy, regarding contracts. As you may recall from my last memo, this portion of the general anti—nepotism policy is separate from the "employee" provision which is the subject of a separate resolution. This policy will be added as a new Section of the City Code, Section 1-13-1. Also attached is the enacting Ordinance. Please note that the Ordinance contains two findings in the Preambles (Whereas's), concerning 1)why it is prudent to enact this policy, and 2) that the Council finds that no problematic relationships currently exist. These findings are relevant and important to demonstrate why the City Council desires this policy, and also to identify that it is proactive, and not the result of any untoward currently existing situation. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE No. 2005- REGARDING PROHIBITING CONTRACTUAL RELATIONSHIPS WITH SPOUSES AND RELATIVES OR CERTAIN ELECTED OFFICIALS, OFFICERS AND EMPLOYEES OF THE UNITED CITY OF YORKVILLE Whereas the United City of Yorkville has taken up, discussed and considered prohibiting engaging or contracting for services or products certain persons, firms or companies related to specific elected officials, officers and employees of the City; and, Whereas, said policy is intended to avoid any actual, or perceived conflict of interest, wrongdoing or favoritism in the processes of engaging or contracting for products and/or services by the United City of Yorkville and its elected officials, officers and employees; and, Whereas, the Mayor and Aldermen do not find that any problematic conflicts exist at the present time, it is prudent to establish this policy before such time that such a conflict, wrongdoing, or favoritism may occur; and Whereas the Mayor and Aldermen have discussed that it may be prudent to establish such a policy by Ordinance in the form depicted on the attached Exhibit "A". NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, upon Motion duly made, seconded and approved by a majority of those so voting, that provisions set forth in Exhibit "A" are hereby approved and adopted and that said provisions shall be set forth in the Yorkville City Code as new Section 1-13-1 et seq. (Title 1 -- Administration, Chapter 13 —Prohibited Contracts with Spouses or Relatives, Section 1) WANDA OHARE JOSEPH BESCO 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 day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 TITLE 1 --ADMINISTRATION Chapter 13 Prohibited Contracts with Spouses or Relatives (Anti-Nepotism) 1-13-1 PROHIBITED CONTRACTS AND ENGAGMENTS: a. It shall be the policy of the City that it shall not engage or contract for the provision or services or products,nor shall it engage or contract with entities, firms or corporations owned or controlled by the spouse or a relative of the following Department Heads, Elected Officials, or Paid Appointed Officers: Mayor, Aldermen, Clerk, Treasurer, City Administrator, Chief of Police, Executive Director of Parks and Recreation, Finance Director, City Engineer, Director of Public Works, Building and Zoning Officer, City Attorney. b. For this purpose, a relative is deemed to mean a spouse, parents, grandparents, children or grandchildren, siblings, aunts, uncles, in-laws, and step relatives within the same categories. c. For this purpose,"owns or controls" shall be defined as, 1. personally providing the product or service, 2. any position of management wherein the prohibited relative shall work on the provision of the service or product to the City, or 3. any ownership interest in excess of 5%of the entity, firm or corporation. d. This policy restricting the employment spouses and relatives shall not effect, and have no impact whatsoever on any currently engaged business relationship of the City existing on the date of passage of this provision. However, said relationship will not be renewed after the conclusion of the contract or engagement. Cry -rick' iy .c*o Co United City of Yorkville Memo 800 Game Farm Road • assarmEsr. '" , 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 p Fax: 630-553-757511, 141rdid County � LLE ‘‘°v Date: May 19, 2005 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Employee—Anti Nepotism Attached is a Final draft of the Anti-Nepotism Policy, regarding employees, along with the adopting Resolution. This policy will be added as a new section of the Employee Manual, Section 3.14.1. (Existing 3.14.1 and 3.14.2 will be renumbered). [Note that a companion provision for engagements and contracting is the subject of a separate ordinance.] Please note that paragraph"b" (the grandfather clause) has been revised per the discussion at COW allow for currently existing relationships. This change had been previously requested by Attorney Robert Smith, and was also pointed out by Alderman Burd. Attorney Smith has approved this language with the change at"b", above, noted. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) RESOLUTION No. 2005- RESOLUTION AMENDING UNITED CITY OF YORKVILLE EMPLOYEE MANUAL REGARDING PROHIBITED EMPOYMENT OF CERTAIN SPOUSES AND RELATIVES Whereas the United City of Yorkville has taken up, discussed and considered amending the City Employee Manual(Approved by Resolution 04-02, dated 2/10/04) specifically in regard to prohibiting the hiring of certain persons related to specific elected officials, officers and employees of the City; and, Whereas the Mayor and Aldermen have discussed that it may be prudent to amend Section 3.14 by adding the provision depicted on the attached Exhibit "A". NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND ALDERMEN OF THE UNITED CITY OF YORKVILLE,upon Motion duly made, seconded and approved by a majority of those so voting, that Section 3.14 of the City Employee Manual is hereby amended by adding Section 3.14.1, as depicted on the attached Exhibit "A", and renumbering current Section 3.14.1 as new Section 3.14.2 and renumbering current Section 3.14.2 as new section 3.14.3. WANDA OHARE JOSEPH BESCO 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 day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 FINAL 05-24-05 Amendment to United City of Yorkville Employee Manual Section 3.14 Nepotism Section 3.14.1 Prohibition on employing the Spouse/Relatives of Department Heads/Elected Officials/Paid Appointed Officers (Anti-Nepotism) a. It shall be the policy of the City that it shall not employ the spouse or a relative of the following Department Heads, Elected Officials, or Paid Appointed Officers: Mayor, Aldermen, Clerk, Treasurer, City Administrator, Chief of Police, Executive Director of Parks and Recreation, Finance Director, City Engineer, Director of Public Works, Building and Zoning Officer, City Attorney. For this purpose, a relative is deemed to mean a spouse, parents,grandparents, children or grandchildren, siblings, aunts, uncles, in-laws, and step relatives within the same categories. b. This policy restricting the employment of certain spouses and relatives shall not apply to any prohibited relationships existing on the date of passage of this provision. (Section 3.14.1 and Section 3.14.2 shall be renumbered as 3.14.2 and 3.14.3, respectively.) PWW o United City of Yorkville Memo '" 800 Game Farm Road EST!��-misawn` 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 4.1 11 ' 0 Fax: 630-553-7575 '17 ICeackil County Or CE ‘VNI Date: May 20, 2005 To: Mayor and Aldermen From: John Justin Wyeth CC: Joe Wywrot, City Engineer, Subject: Watering Restrictions for Non-Residential Properties Please find attached an Ordinance including attached text of an addition to Section 7-5-15 of the City Code, commonly referred to at the Water Conservation Regulations. (Landscape Watering) Residential properties have been restricted to odd/even days and time of day by the prior enactment. (Sec. 7-5-15 (A through J)) This provision extends the conservation concept to non- residential properties. This provision has been reviewed by City Engineer Joe Wywrot who concurs in the text. Generally, permanent watering systems that use City Water will be limited on non-residential properties. If one building exists, the limit will be up to one acre or watering using City Water. (Par. 3a) If more than one building exists, the limit will be up to three acres. (Par. 3b) For residential developments, permanent watering systems will be prohibited. (Par. 3c) No restrictions are placed on the use detention ponds, or secondary wells by this regulation. Residential properties have been restricted to odd/even days by the prior enactment. This provision extends the conservation concept to non-residential properties. STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE No. 2005- ORDINANCE AMENDING CITY CODE SECTION 7-5-15 REGARDING PERMANENT LANDSCAPE WATERING SYSTEMS FOR NON RESIDENTIAL PROPERTIES Whereas the United City of Yorkville has taken up, discussed and considered amending the City Code regarding Water Conservation, (Established by Ordinance 2004-17, and amended by Ordinance 2004-20), specifically regarding permanent landscape watering systems for non-residential properties , and Whereas the Mayor and City Council have discussed that it may be prudent to amend Section 7-5-15 by adding the a new Section 7-5-15(J) as depicted on the attached Exhibit "A", and re-lettering the current Section 7-5-15(J) as new section 7-5-15(K). NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,upon Motion duly made, seconded and approved by a majority of those so voting, that a new Section 7-5-15(J) of the City Code of the United City of Yorkville is hereby added, as depicted on the attached Exhibit "A" (said Exhibit "A" hereby incorporated herein) and that the current Section 7-5-15(J) is hereby re- lettered as new section 7-5-15(K). WANDA OHARE JOSEPH BESCO 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 day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 EXHIBIT"A" TITLE 7—PUBLIC WAYS AND PROPERTY Chapter 5 —Water Use and Service Section 15 —Water Conservation Regulations New Section "J"(existing section J to be re-lettered as new section "K") J. Restriction on Permanent Landscape watering Systems of Non-Residential Properties. 1. This provision"J" shall apply only to non-residential properties, and common and/or open space areas of residential developments. 2. For this provision"J", a permanent landscape watering system shall be defined as any system of pipes, sprinkler heads or similar devices installed underground to be used to provide landscape watering. 3. Landscape watering upon non-residential properties shall be limited as follows: a. For properties with one building, not more than 1 acre,total, may be watered by a permanent landscape watering system using the City's potable water. b. For properties with more than one building, not more than 3 acres, total may be watered using by a permanent landscape watering system using the City's potable water. c. For the common space and/or open space of a primarily residential development, no permanent landscape watering system shall be allowed using the City's potable water. 4. The total area to be watered shall be measured as the area within reach of the any permanent device used to water landscape including but not limited to sprinkler heads,hoses,trenches or similar devices to water landscape. ,00 co), United City of Yorkville Memo 800 Game Farm Road EST M ieas Yorkville, Illinois 60560 Telephone: 630-553-4350 0 Fax: 630-553-7575 -1,17Kendal Counly <LE ‘v>' Date: May 23, 2005 To: Mayor and City Council From: Lisa Pickering, Clerk's Office Assistant CC: Department Heads Subject: Additional information for City Council packet—May 24, 2005 Attached please find additional information on EDC #1 —Lincoln Prairie Yorkville Annexation Agreement. Today, Attorney John Duggan dropped off these annexation agreements which include all of the exhibits. Please add this information to your packet. ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND THE UNITED CITY OF YORKVILLE Concerning LINCOLN PRAIRIE YORKVILLE WHEREAS, DONALD J. HAMMAN and CAROL S. HAMMAN, OWNERS/DEVELOPERS of the property described in Exhibit "A" (hereinafter "OWNERS/DEVELOPERS") have requested the United City of Yorkville, Kendall County, Illinois (hereinafter "CITY") to annex the said real property into the CITY; and its Plan Commission has heretofore approved the proposed land uses and the zoning of the same; the Subject Property is illustrated on the survey of Atwell-Hicks, Inc. dated May 23, 2003, last revised 5/23/2003, Exhibit"F"; and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which Exhibit real property heretofore described in Exhibit"A" will be annexed to the CITY in an orderly manner; and further to provide how the real property described in Exhibit"A"will be developed within the CITY in an orderly manner; and WHEREAS, the OWNERS/DEVELOPERS and their representatives have discussed the proposed Annexation of and the development of all the Subject Property and have had public meeting with 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, for and in consideration of the mutual promises and covenants herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11-15 through 65 ILCS 5/11-15.1-5, as amended, as follows: 1. ANNEXATION AND ZONING: The CITY shall adopt an ordinance annexing to the CITY all of the real property described in the attached Exhibit "A" as designated in the attached Annexation Plat incorporated herein as Exhibit "B" and the CITY in said Ordinance shall zone the real property described on Exhibit "A", subject to the further terms of this Agreement as M-2, General Manufacturing District, with the specific Special Uses as permitted uses, as illustrated on the Zoning Exhibit by Schoppe Design Associates dated 1/13/2005, last revised 5/23/2005, Exhibit "E"; Parcel 6 on Exhibit F may be used as a Public Works Facility. Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit "C", M-2, General Manufacturing District, and said real property shall be Page 1 of 11 used and developed in accordance with 65 ILCS 5/11-16-1 through 65 ILCS 5/11-15/1-5, and in accordance with the CITY Subdivision Control and Zoning Ordinances. 2 The CITY agrees that in consideration of OWNERS/DEVELOPERS voluntarily annexing the real property described in the attached Exhibit "A" to the CITY and developing the real property d escribed i n the attached Exhibit "E" and C ITY and 0 WNERS/DEVELOPERS will each undertake the following duties, covenants, and obligations: A. i. OWNERS/DEVELOPERS and CITY which shall provide that upon approval and execution of this Annexation Agreement by the CITY, OWNERS/DEVELOPERS shall immediately dedicate for right-of-way purposes as depicted on the Plat of Dedication of right-of-way incorporated herein as Exhibit "D". ii. Said dedication shall be to the CITY and shall be at no cost to the CITY. iii. The internal roadway on the Subject Property shall be designed and constructed by OWNERS/DEVELOPER to accommodate heavy truck traffic not exceeding 80,000 pounds to conform with Class II Road Standards under the Illinois Motor Vehicle Code, including the large tractor trailers that bring aggregate trucks, and heavy construction vehicles. Perimeter Roads: OWNERS/DEVELOPER shall improve Eldemain Road adjacent to Parcel 5 to Kendall County standards; OWNERS/DEVELOPER shall improve Corneils Road, Faxon Road, and Beecher Road to CITY standards at such time as is necessary for the concurrent use of the Perimeter Roads for development in the Property. It is contemplated that the 1423 feet of West Beecher adjacent to the Property will be maintained as a tar and chip road to direct truck traffic from the Property to Eldamain Road. So long as West Beecher is maintained as a tar and chip road, OWNER/DEVELOPER will pay/reimburse the CITY for one half of the maintenance cost for West Beecher Road. If OWNER/DEVELOPER develops Perimeter Roads or other off site improvement, the C ITY w ill enter a recapture agreement o r agreements with OWNER/DEVELOPER to recapture from adjacent owners one half of the costs of perimeter roads expended by OWNER/DEVELOPER or Page 2 of 11 the reasonable sharing of other off site improvement. The improvement costs s hall include engineering and c onstruction c osts. T he C ITY s hall adopt the recapture ordinance within ninety (90) days following notice from OWNER/DEVELOPER that the facilities are complete, and upon the certification of actual costs by OWNER/DEVELOPER's engineer and approval by the City Engineer. The recapture ordinance shall provide that OWNER/DEVELOPER to be paid a reasonable amount of interest on the amount expended in completing the improvements, which interest shall be calculated from and after the date of completion and acceptance of the improvement and for payment of all recapture sums due at the time of annexation and use by any benefited property owner. B. This Agreement between the CITY and OWNERS/DEVELOPERS specifically grants authority by OWNERS/DEVELOPERS: i. Authorize and permit the extension of all CITY, Yorkville-Bristol Sanitary District, and public utilities including, but not limited to telephone, electric and gas through said area. ii. Consent to the rebate of 50% of sales tax revenue to OWNERS/DEVELOPERS of this development and Annexation Agreement with the CITY, as to sales tax revenues generated on the subject property to this Agreement (as described on Exhibit A) , in order for OWNERS/DEVELOPERS to recover the cost of road and related public improvements over the areas of OWNERS/DEVELOPERS real property, including public improvements to perimeter roads and public offsite improvements required for the development described in Exhibit «E„ 3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein modified or varied, the OWNERS/DEVELOPERS shall comply, in all respects, with all of the provision of the ordinances of the CITY in the development of the subject real property herein described except as varied by this Agreement. In connection with the development of the entire real parcel being annexed, the CITY and OWNERS/DEVELOPERS agree as follows: A. The development of the entire real property which is currently being annexed as described in Exhibits "B" and "E" can be done in phases or units. B. If at the time of development, the existing CITY dedications, easements and right-of-way are not adequate to facilitate sewer, water or other utility extensions, the CITY agrees to exercise its power of eminent domain, if necessary, to acquire such easements and right-of-ways, including easements Page 3 of 11 • from the then present terminus of the existing municipal sanitary sewer and water lines to the boundary line of the Subject Property being developed, and the cost and expense incurred by the CITY shall be paid by the OWNERS/DEVELOPERS and added to the rebate amounts described in this Annexation Agreement and reimbursed to the OWNERS/DEVELOPERS from sales tax revenues generated on the site. C. Storm water detention facilities can be constructed in stages with capacity for storm water detention facilities based upon the need of each phase or unit as developed taking into account the detention capacity that is required on OWNERS/DEVELOPERS' real property to serve the parcel. D. OWNERS/DEVELOPERS shall require in any lease or contract of sale and license to the batch plant operator or other special use approved on the Subject Property that all or any sales from the concrete batch plant or other special use shall be invoiced from the Subject Property and that all sales tax be reported as received at the Subject Property. E. Except as otherwise provided in this Agreement, no change, modification or enactment of any ordinance, code or regulation shall be applied during the term of this Agreement so as to affect the zoning classification of the Subject Property, the bulk regulations, including, but not limited to setback, yard, height, FAR and frontage requirement, contribution ordinances and the uses permitted thereunder by the Zoning Ordinance of the CITY in effect as of the date of this Agreement, except to the extent BOCA Building Codes, Fire Codes, and like ordinances which are non-monetary in nature are from time to time amended affecting in a uniform and non-discriminatory manner all subdivisions within the CITY, which are not Final Platted, or for which building permits have not been issued. Except as modified by the terms and provisions of this Agreement, the OWNERS/DEVELOPERS shall comply in all respect with the conditions and requirements of all ordinances of the CITY applicable against property similarly situated and zoned within the CITY as such ordinance may exist from time t o time subsequent to Annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are changes to said ordinance, regulations, or codes which are less restrictive in their applications to similarly situated and zoned lands, then the OWNERS/DEVELOPERS, at their election, shall be entitled to like treatment with respect to the Subject Property being annexed herein. F. It is understood and agreed that all subsequent amendments of this Agreement, plats of subdivision, or any development of the Subject Property may be obtained for all or any portion of the Subject Property without affecting the rights, duties or obligations of the parties hereunder or their assigns as to the balance of the Subject Property not included in the afore described actions. Page 4 of 11 • G. i. It is agreed that other than the existing ordinances dealing with land cash donations for the schools, parks and fire protection districts; and fees for building permits, occupancy permits and tap-on fees, transition fees to the CITY and YORKVILLE School District, and review fees in the event any portion of the Subject Property is developed for residential purposes, that no additional fees or donations will be required by the CITY from OWNERS/DEVELOPERS, except as may be charged on a non-discriminatory basis to all residents of the CITY. ii. OWNERS/DEVELOPERS agree on their own b ehalf and that of any future OWNERS/DEVELOPERS to voluntarily pay school transition fees as are in effect with the CITY at the time of execution of this Agreement, as to the portion of the real property that is developed for any residential purpose. H. i. The parties hereto agree that the Subject Property may continue to be used for existing agricultural uses, until the Subject Property is developed. In addition thereto, all such agricultural uses thereof shall be considered legal, non-conforming uses. ii. The CITY agrees that, after a Final Plat of Subdivision is recorded and the applicable bonds or letters or credit are delivered to the CITY, the OWNERS/DEVELOPERS shall not be required to construct all on-site and off-site improvements prior to issuance of a building permit for buildings or improvements on any portion of said subdivided land, if consented to by the City Engineer which consent shall not be unreasonably withheld. Rather, the OWNERS/DEVELOPERS shall be allowed to construct the required off-site and on-site improvements simultaneously with the issuance of building permits for individual lots, and/or buildings, but it is understood that building permits may not be issued unless OWNERS/DEVELOPERS have provided adequate road access (paved roads) to the lots for emergency vehicles; and have provided sufficient water supplies for fire fighting purposes. However, all off-site and on-site improvements (except final lift of bituminous asphalt surface on roads and landscaping), serving any said lot or building shall be installed by OWNERS/DEVELOPERS and approved by the CITY before an occupancy permit is issued for said lot or building and the balance of the required on-site subdivision improvements not required to serve said lot or building may be constructed in phases, consistent with each Page 5 of 11 A recorded Final Plat of a phase or unit of said development, as the development on each unit progresses. iii. It is understood that the CITY will cooperate with the OWNERS/DEVELOPERS in the procurement and/or execution of the necessary permits from the appropriate government bodies to allow the construction of the street access from the Subject Property for the development of the Subject Property. iv. It is specifically understood and agreed that the OWNERS/DEVELOPERS and their successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the Subject Property and the improvements thereon to other persons, trusts, partnerships, firms, or corporation for investment, building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as the OWNERS/DEVELOPERS have under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNERS/DEVELOPERS on any subdivided or improved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. v. It is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that all of the parties will make every reasonable effort to expedite the subject matter hereof; it is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. vi. The Covenants and Agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall insure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office and is enforceable by order of the Court pursuant to its provisions and the applicable Statues of the State of Illinois. vii. If any provision of this Agreement is declared invalid or illegal by a Court of competent jurisdiction, then said provision shall be excised therefrom and the remainder of the Agreement shall not be affected thereby. Page 6 of 11 4. The OWNERS/DEVELOPERS acknowledge that they must annex the real property described in Exhibit "A" when development is sought by them or any future OWNERS/DEVELOPERS t o the Y orkville-Bristol S anitary D istrict, and further acknowledge that annexation to the CITY in no way guarantees sewer service to the entire parcel by the Sanitary District. 5. BINDING EFFECT AND TERM: A. This Development and Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement assignees, lessees, and upon any successor municipal authorities of said CITY; so long as development is commenced within a period of twenty years from the date of e xecution of this Agreement by the CITY. B. CITY and OWNERS/DEVELOPERS agree that the terms and conditions of this Agreement are contingent upon OWNERS/DEVELOPERS and CITY entering into this Annexation Agreement providing for the enforceability of the joint obligations effecting Parcel "A" of OWNERS/DEVELOPERS and the real property described in this Agreement. 6. NOTICES: Any notice required or permitted by the provisions of this Agreement s hall be in writing and s hall b e d eemed e ffectively given o n the d ate o f p ersonal delivery or confirmed telefacsimile transmission or on the second business day following deposit in the U.S. Mail, certified or registered, return receipt requested, postage prepaid, and addressed to the Parties at the following addresses, or at such other addresses as the Parties may, by notice, designate: If to the CITY: City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 Fax: (630) 553-7575 With a copy to: John Wyeth Attorney for the City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 Fax: (630) 553-7575 jwyeth@yorkville.il.us Page 7ofII If to Owner: Donald J. Hamman 13351 B Faxon Road Plano, IL 60545 (630) 554-9101 Fax: (630) 554-9181 With a copy to: John P. Duggan Duggan Law Offices 181 S. Lincolnway P.O. Box 273 North Aurora, IL 60542-0273 (630) 264-7893 Fax: (630) 264-1310 dugganjpd@aol.com 7. ENFORCEABILITY This Agreement s hall b e enforceable i n any Court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said Agreement becomes unenforceable due to any changes in Illinois Compiled Statutes or Court decisions, said enforceable portion of this Agreement shall be excised therefrom and the remaining portions thereof shall remain in full force and effect. 8. ENACTMENT OF ORDINANCES: The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS W HEREOF, the Parties h ave executed t his Agreement o n the d ate first above written and, by so executing, each of the Parties warrants that it possesses full right and authority to enter into this Agreement. CITY OF YORKVILLE, an Illinois Municipal Corporation By: Arthur Prochaska, Jr.., Mayor Attest: City Clerk Page 8 of 11 OWNERS/DEVELOPERS Donald J. Hamman, Carol S. Hamman and Five H, LLC Donald J. Hamma ekile-0 Carol S. Hamman Five H, LLC By: OT � yt Donald J. H , its Manager Page 9 of 11 STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) I, the u redesigned, a N otary Public i n and for s aid County, i n the S tate aforesaid, D 0 HEREBY CERTIFY, that Arthur Prochaska, Jr., Mayor of the City of Yorkville and Jackie Milschewski, City Clerk of said City, personally known to me to be the same persons whose names are subscribed to the foregoing instrument acknowledged that they signed and delivered the foregoing instrument as their own free and voluntary act and as the free and voluntary act of said CITY, for the uses and purposes therein set forth; and the said City Clerk then and there acknowledged that she, as custodian of the corporate seal of the CITY, did affix the corporate seal of said CITY to said instrument as her own free and voluntary act and as the free and voluntary act of said CITY, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2005. Notary Public STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) I, the a ndesigned, a N otary Public i n and for s aid C ounty, i n the S tate aforesaid, D 0 HEREBY CERTIFY, that Donald J. Hamman, individually and as manager of Five H, LLC, and Carol S. Hamman, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument acknowledged that they signed and delivered the foregoing instrument as their own free and voluntary act and as the free and voluntary act of said company, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this )•3da of P\ , 2005. Notary ublic e of SEAL JOS. '. DUGGAN NOTARY' {;.UC,STATE OF ILLINOIS MY ct:;!'MISSION EXPIRES 2-13.2009 OFFICIAL SEAL Page 10 of 11 JOHN P. DUGGAN NOTARY PUBLIC,STATE OF ILLINOIS MY COMMISSION EXPIRES 9-i EXHIBIT LIST Exhibit "A" Legal Description of the entire parcel, the Subject Property Exhibit "B" Plat of Annexation Exhibit "C" M-2 General Manufacturing District Ordinance Exhibit "D" Plat of Dedication Exhibit "E" Zoning Exhibit Exhibit "F" Plat of Survey prepared by Atwell — Hicks, Inc. dated May 23, 2003 last revised 5/23/2003 M:\My PaperPort Documents\HAMMAN COMED ANNEXATION YORKVILLE\Lincoln Prairie Yorkville Annexation Agreement 17MAy2005.doc Page 11 of 11 EXHIBIT "A" LEGAL DESCRIPTION OF THE ENTIRE PARCEL, THE SUBJECT PROPERTY CHICAGO TITLE INSURANCE COMPANY OWNER'S POLICY (1992) Li wc,^x-,Q iWitZi � SCHEDULE A (CONTINUED) yc;+_ A;, L POLICY NO. : 1410 000518963 AU 5. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: PARCEL ONE: THAT PART OF THE SOUTH 1/2 OF SECTION 18 AND THE NORTHWEST 1/4 OF SECTION 19, ALL IN TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION 18; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1030.91 FEET; THENCE NORTH 89 DEGREES 57 MINUTES 33 SOUTH EAST, 3352.25 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, TO A POINT ON THE NORTH RIGHT-OF-WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD, 844.76 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 SECONDS WEST ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION 18, 231.91 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 852.71 FEET; THENCE NORTH 73 DEGREES 28 MINUTES 36 SECONDS WEST, 514 .80 FEET TO THE SOUTH LINE OF SAID SOUTHWEST 1/4; THENCE SOUTH 88 DEGREES 38 'MINUTES 24 SECONDS WEST, ALONG SAID SOUTH LINE OF SAID SOUTHWEST 1/4 1816.32 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS PARCEL TWO: THAT PART OF THE SOUTH 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF SAID SECTION; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG THE WEST LINE OF SAID SOUTHWEST 1/4, 1917.41 FEET, TO THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 57 MINUTES 33 SECONDS EAST TO A POINT ON THE NORTH AND SOUTH QUARTER LINE OF SAID SECTION, 3126.88 FEET; THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE, 223 .50 FEET; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, 886.50 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON SAID WEST LINE, 3352.25 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE, 886.50 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS PARCEL THREE: THAT PART OF THE WEST 1/2 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 00 MINUTES 54 SECONDS EAST ALONG THE WEST LINE OF SAID NORTHWEST 1/4, 1929.92 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 01 MINUTES 27 SECONDS EAST, 565.21 FEET; THENCE SOUTH 59 DEGREES, 16 MINUTES 25 SECONDS EAST 913.73 FEET; THENCE SOUTH 00 DEGREES 04 MINUTES 45 SECONDS EAST, 191.76 FEET; THENCE SOUTH 23 DEGREES 01 MINUTES 57 SECONDS EAST, 820.55 FEET; THENCE SOUTH 89 DEGREES 57 MINUTES 33 SECONDS WEST, TO A POINT ON THE WEST LINE OF THE SOUTHWEST 1/4 OF SAID SECTION, SAID POINT BEING 1917.41 FEET NORTHERLY OF THE SOUTHWEST CORNER OF SAID SECTION AS MEASURED ALONG THE WEST LINE OF SAID SECTION, 1671.52 FEET; THENCE NORTH 00 CONTINUED ON NEXT PAGE THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED. OP1A1592 AEM 10/30/03 14:34:45 • CHICAGO TITLE INSURANCE COMPANY e6?s OWNER'S POLICY (1992) SCHEDULE A (CONTINUED) POLICY NO. : 141C CO0518963 AU DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE TO THE WEST QUARTER CORNER OF SAID SECTION, 722.59 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 5 . El7=17T WEST, ALONG THE WEST LINE OF THE NORTHWEST 1/4 OF SAID SECTION, 702. 00 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS PARCEL FOUR: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RA C= ST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH BARTER CORNER OF SAID SECTION 18; THENCE SOUTH 00 DEGREES 08 MINUTES 07 SECONDS EAST, ALONG THE NORTH AND SOUTH QUARTER LINE, 3437.83 FEET; THENCE NORTH 89 DEGEE MINUTES 33 SECONDS EAST, 223 .50 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING l ONG THE LAST DESCRIBED COURSE TO A POINT ON THE EAST LINE OF THE WEST 1/2 OF THE EAST' `. OF SAID SECTION, 1102.80 FEET; THENCE SOUTH 00 DEGREES 16 MINUTES 12 SECONDS .=.LONG SAID EAST LINE TO A POINT ON THE NORTH RIGHT OF WAY LINE OF THE CHICAGO BU'_:'_TiTN AND QUINCY RAILROAD, 1423 .23 FEET; THENCE SOUTH 74 DEGREES 23 MINUTES 26 E= DS WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE TO A POINT 231.91 FEET NORTHEASTE=__;: C SAID QUARTER LINE AS MEASURED ALONG SAID NORTH RIGHT-OF-WAY LINE, 1147.75 17.=F"1'; THENCE NORTH 00 DEGREES 08 MINUTES 07 SECONDS WEST, PARALLEL WITH SAID QUARTE? FINE, 1731.26 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS PARCEL FIVE: THAT PART OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANG. " FA2T OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH-"_ _ CORNER OF SAID NORTHWEST 1/4; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, _ID G THE NORTH LINE OF SAID NORTHWEST 1/4, 1643 .82 FEET; THENCE SOUTH 00 DEGREES MINUTES 45 SECONDS EAST 1385.95 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 08 SECOIFTI =ST, 1644.76 FEET TO A POINT ON THE WEST LINE OF SAID NORTHWEST 1/4, 1644 . 76 AR T; THENCE NORTH 00 DEGREES 00 MINUTES 54 SECONDS WEST, ALONG SAID WEST LINE, 1331 . ._ FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS PARCEL SIX: THAT PART OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 37 NORTH, RANGE FAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTH:W Z7 CORNER OF SAID NORTHWEST 1/4; THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST .__O_?G THE NORTH LINE OF SAID NORTHWEST 1/4, 1643 .82 FEET TO THE POINT OF BEGINNING THENCE NORTH 88 DEGREES 25 MINUTES 46 SECONDS EAST, ALONG SAID NORTH LINE TO T.__ NORTHEAST CORNER OF SAID NORTHWEST 1/4, 1477.01 FEET; THENCE SOUTH 00 DEGREES 03 :"=ES 07 SECONDS EAST, ALONG THE EAST LINE OF SAID NORTHWEST 1/4, 926.62 FEET; THTL71.7L SOUTH 89 DEGREES 59 MINUTES 08 SECONDS WEST, 163 .69 FEET; THENCE SOUTH 00 DEGREES MINUTES 52 SECONDS EAST, 252.72 FEET; THENCE NORTH 89 DEGREES 59 MINUTES 08 SECONDS EAST, 164.12 FEET TO A POINT ON SAID EAST LINE; THENCE SOUTH •00 DEGREES 08 MINN:ES 07 SECONDS EAST, ALONG SAID EAST LINE, 249.67 FET; THENCE SOUTH 89 DEGREES MINUTES 08 SECONDS WEST 1477.90 FEET; THENCE NORTH 00 DEGREES 04 MINUTES 45 SECONDS 1388.90 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED. OPOIA292 10/30/03 14:34:47 , EXHIBIT "B" PLAT OF ANNEXATION cf., , ..-t-.,. ,...... . __ SMITH ENGINEERING CONSULTANTS, INC. Yn.0 No A , . ‘— , rill = ",_"« Y°� PLAT OF ANNEXATION •..... •.... TO THE UNITED CITY OF YORKVILLE k'vLatom LRmresemnM.o°emn rm ° los GRAPHIC SCALE ` axmsA'^ .a..,,„ ♦wusr mer.a M r.rvrTwnn.NM,wFwsrenr,.Ar aK ren..sT RRRrt.vvemN a.0 cwm wYrm,eJ,r IItE smK x parpx nxaM AM.aYTCvaw a[Mm Tx,sr.ut.v ptA�AS EMta.s .. arae A!n[m/w.tr CmAAw M MM,N.a!a.rrtR w uP senu"a we,a .rn m pmsa m rMrts w.Yttws.se....M saT l.r w s.M saw.rsT arnA rov.,I.IF not mNw v mum v„rua v vrMns use sura/m' w...mummal.mr.,rsmxrvasus[ro..an,,M„a.w .AAo-orrr MK w M..-Aa.x.r°ro.uo anar AA..ae..aA wPez Saver Noe v mom a MCM.m NEST rrc SIP NORM.wTwt.uK ro A Paw,ORE Noew NR saw armeu.wsr mvM.rt Aarn.tn,wwX aavr...N remM � :.: •`. '. ° p �RlElM 'w,a ,ar''',a � .ro.NaawaKwtxt�w�,px.,wpA.a�wamxe,a ..xx.aw..nwn...� wem eaweNT aMATRro MMx..w PARCf1,5 PARCf!d y rvmw awAwtwmuNA oaAn u.at Mo sr..sr ur.rm Y E 01 UNARY,'RFro wNR S RTAD T !s f e'sEvbw eM°fr` • • YftiPM MA.°' '1 Y STATE K EUNdS , '- S COUNTY OF KENDALL ss !oat potato,Nos.ar out m.w:,a Mamxx:m NFT °�^ ,I€krt1orcaos way ate..nta tear too or or Notnotasr 31 N.A.,wrw..c Amor. i PISq G eo.t orepots0aew-- —fnm.A roM ! mrn.uva fff r O K.�ea,,cwnfY Rscwe� 1I1 �I`o K Nmw ra mNw aNrRK we,.rrt eae m,NA..a Am.a M„M. eaaa.N,e-,1°.1°.:,,.AwT w'.7.47.71.11"''.,. arm mrM NE M rNF w M.Aee.MF w to iR ep.m.roes TFRwwt mNw m wafr=.,..,�,:.m,�u:e r.N e.r ....Nro..w..mMNwNw.w.,;11wMaw'.....a,ar.M.K. aNmm.Mc naa Hn.,RK N.R w rn a DOWERS crnnrKTn- '''.'41.'''...-',1-'''...",'—'7i-- a.uxr,A<roRo.•a .wo, rATrnKAemKrwto arm.M<Ae AmrN.mwn...Ars � I STATE OF uveas ) x ?Ir K.wrtrnm,e,T, I ss 3 E k 7.---,4%';:4..'..÷: ,,�___ COUNTY OF ife s g �. dRM T -- -gym� ,a..: . .T n«s ro ca.**Fr/NA,OF_ .Kw,x=.,maxK=04'ANmm.x=1,.ArMr,.w..STmw. tR rwxp.arRx www Nrx mR. rrrt, xa� ter _ _ AM%Rf TIE OIxIETMA;tr THE LAND OESCINBED M TIE A,,AOIED SURKYORS urw u.[w s.R xrwxsr xrm..ruse.m,ndz sww m o[oaa r runs vR.'.wu usr.ssia.¢n np:[sawaN°pesvrrnsmvaMz.vT �s��� vvm ate ms vwmm o,v rorx B[r roA ttxTr RE.6r VAw tp xawxsl auAvrtA.rupx.aC,IENZ _ `, ro,T.wx ua.mxs, ata sAo xzs u+C rary r¢r ro M �lL,,,.... ,,,� LERnn[ATC AND lel.[MAK CAusEO THE sA.E TD BE PIATiEO AS SNOAN BY THEW,AND PUT FOR THE USES AM PURPOSES HE INDOOR SEl .ww ma[vmmu.vRtuacara per qxr w awry wYvawA arn.ural AA.a a P I T M SAME UNDER THE STttC AND TTl AFGPESAIO A¢x FORM AEALLOeEDANOPROVIDED TMESAB UNDER THE AND 1111.Y � E � ACKNOMEEDfL AND ADOPT N.n mro nexsN..ax..N naoam v.vLanmxuvae ArMm.w.6r moven w s.o wnnA!We,fm nngz NP.M a mpm as torts .Yttws us!Naa , " a � I DATED TNS DAY O• '0—. K Mxr ut w sr Maw.6r aA.0,N+t nZT ro M.w!w e[wA.R MR?m WWII m runs x s[rvos use ALONG vp WOW.�f ID M xpeN.sr uv.rxlTTva ,i,.esriu ua. rrNa mM yg4 optor aaAet... I u II _ a (OHNE*) (OKNER) .ver w auxx x mo.0 awn.uveas trans iv.,aw.¢,ro M roe ami r msY Mri4' [ . :?mb>� e {i ARAM. NOTARY LERIMCAGE pp i' .. '. • _ E^ '^n 3 STATE NIINOIS q � � 15 coux1Y Of__) 3E 1 E PAl10E#:2 e STATE OF )FF ° .E .. Ee E se °e 4A¢ —, • srATEI cam,AFMESAD.00 SE er SIL IN WuLY KNOWN TO NNO FOR RIE COUNTY. KENDALL) p ME 0 AE INE SAME PERSONS*HOSE NAMES ARE SUBSCRIBED TO RE L MME R.HEREER,RAIRO THAPROT THE PLAT LAINGUND R MT OP NUMBER - :' AS MP NI ,°Ae3 OO HEREBY CERTIFY MAT OM LETT d'ANNE XAMW Or THE v ( `. S THEREIN SET FORTH GOIN'GCERTED THE APPEARED AND OR FitOM PTY HEREON COMPLETED WAS COMPLETED EO UNDER MY dPPLA W MS FOR THE USES AND PLRPOSE RHO E DOCUMENTSOUSLY T R SLRKYS AM OFFICIAL MAPS LEAS •• .I.. PA 4 THEIR FREE AND I LLMTARY ACT. ANNEXED ACCOMPANYING AND OTHER PKPLLK d'RECOPO. •.• Meafv'< +>Qa` YI 'AyA m DYER UNDER MY NAND AND NOT...SEALRAS_LEA A�DAY AN ANYN DATED AT YORKMLLL KENDALL COUNTY ILLINOIS A.O.1005 . • ( 51 INotary MIKE R.',SLIER .11 •... PARCEL.a ILLINOIS PROFESSIONAL LAND 5URKYOP N0.JNJ X E; LKENSE EXPIRATION II/50/06 W � I map w.att.e 1w u..a a pat e1 mn wn Tn•m FAXON r'" ROAD ,� PLAT OF ANNEXATION TO THE uta I*e,. Swats.. A atants.In* �.Itnat rwatt nam a wm a,0p'BD"" UNITED CITY OF YORKVILLE •El NOTN EPlote r&C,,, ...,n. ` OA •Ala I$NOT a Plot of ArnP. No atumPllwN w agreemtl.osto w , mnxanq at w Pmttbn ave,w awv.newn t eeaNmtt acmx,e_v_ a11IMTN ne NnpN0 O0?LIs nova ern tee Nn.t 0,5 ane nate •-•,,/:.. • •mi. ana..na a e.a.sam.e e.b....a =EXISTING TED OTT OF I LIMITS map b vele.IMwul wigind . w,ea cdw.a..el aW MOnaWr. (PER T,E LNIEO a7Y OF°LaNMU[I005 ZONING MAP) ItEMavm DRAM CO BY: DATE pR AC OT Na •m aE s/TeSCA OsET N am.w. FOB—POINT OF BEGINNING DE9QEO BY: HOWL 000¢7 No. ANNEXATION AREA ��D BY SENT,mx.. ANNEX POC=POINT OF COMMENCEMENT A Nns _ EXHIBIT "C" M-2 GENERAL MANUFACTURING DISTRICT ORDINANCE C--- r 10-8B-1 10-8B-2 CHAPTER 8 MANUFACTURING DISTRICTS ARTICLE B. M-2 GENERAL MANUFACTURING DISTRICT SECTION: 10-8B-1: Uses Permitted 10-8B-2: Conditions of Permitted Uses 10-8B-3: Special Uses 10-8B-4: Yard Areas 10-8B-5: Lot Coverage 10-8B-6: Floor Area Ratio 10-8B-7: Signs 10-8B-1 : USES PERMITTED: The following uses are permitted: Any use permitted in the M-1 District. Any production, processing, cleaning, servicing, testing, repair or storage of materials, goods or products which conforms to the performance standards established for this District'. Cement block manufacture. Contractor or construction such as: building, cement, electrical, refrigeration, masonry building, plumbing, roofing, air conditioning, heating and ventilating, fuel oil, with a storage of fuel oils, gas and other flammable products limited to twelve thousand (12,000) gallons per tank, with a total storage on zoning lot not to exceed fifty thousand (50,000) gallons. (Ord. 1973-56A, 3-28-74) 10-8B-2: CONDITIONS OF PERMITTED USES: All permitted uses are subject to the following conditions: 1. See Section 10-8-1 of this Title. City of Yorkville 66,10-8B-2 10-8B-5 A. All production, processing, cleaning, servicing, testing, repair or storage of goods, materials or products shall conform with the performance standards set forth in Section 10-8-1 of this Title. B. Within one hundred fifty feet (150') of a residence district, all business, production, servicing, processing and storage shall take place or be within completely enclosed buildings; except, that storage of materials or products may be open to the sky provided the storage area is enclosed with a solid wall or fence, as required by the Zoning Administrator. However, within such one hundred fifty feet (150') of a residence district, off-street loading facilities and off-street parking of motor vehicles under one and one-half (11/2) tons' capacity may be unenclosed, except for such screening of parking and loading facilities as may be required under the provisions of Chapter 11 of this Title. (Ord. 1973-56A, 3-28-74) 10-8B-3: SPECIAL USES: The following uses may be allowed by special use permit in accordance with the provisions of Section 10-14-6 of this Title: Any use which may be allowed as a special use in the M-1 District. Railroad repair shops, maintenance buildings and switching yards. Stone and gravel quarries and crushing, grading, washing and loading equipment and structures, provided the land is redeveloped by the owner in accordance with a plan of redevelopment approved with the granting of the special tise permit and is accompanied by a bond in the amount of the estimated cost of redevelopment. (Ord. 1973-56A, 3-28-74) 10-8B-4: YARD AREAS: All yard areas shall be the same as required in the M-1 Limited Manufacturing District. (Ord. 1973-56A, 3-28-74) 10-8B-5: LOT COVERAGE: Not more than sixty percent (60%) of the area of a lot may be covered by buildings or structures, including accessory buildings. (Ord. 1973-56A, 3-28-74) City of Yorkville (5Thc f=. . (9-6 10-8B-6 10-8B-7 10-8B-6: FLOOR AREA RATIO: Not more than 0.85. (Ord. 1973-56A, 3-28-74) 10-8B-7: SIGNS: The use of signs in this District shall be subject to the same regulations as set forth in Section 10-12-3 of this Title. (Ord. 1973-56A, 3-28-74; 1994 Code) City of Yorkville EXHIBIT "D" PLAT OF DEDICATION fSNITH ENGINEERING CONSULTANTS, INC. PLA T OF DEDICA TION � � ENGINEERING Alm CONSULTANTS, WINES P .eemanu MM..oN .E. CORNELS RD., ELDAMAMN RD,, RD., AAO FAXON RD. BRISTOL TOWNS/4P nneca ` a t*d »I er oe WARW. SA* SEAMA KENreOr AArLv L COLNTY, LL/NOIS uen r ONFR'S CERTIFICATE nr �lwwSsyNwy.; OD--------- STATE Of ) ,cwmr%=m '9' UNGS AS COUNTY K KENDALL) qma ssc ,e r . r m m.rNwrie,K PARCEL CTL x mrnrW .maw.mrn .,m Fhb 0 to certify that'e dane n»ell"'"C:17,1:".',77., O A Dated We clay al— — s,`Vm�`�"ylir D X_ IJ NOTARY CFRTIFlCATFo STATE OF ILLINOIS )ss 14. rm».o.raavrcr»mwr oNsm,maNA muen.um n Ur COUNTY of KENDALL) 0 _ 'rn mma�m-»a ca.,en m.,me.a,s-wpm Yp " 1117 t a=.2 .e°"m'rae.er""maeno.e°e Nin mi7,.....,.;=.7: e �� • StlB \„. .. rTnrcr litr ..e. a.at>r erN el»v v.rer'aaa eWwraemcnNel C✓ 0; el ,r rwsnx m.N.,.mwrc...vc (,/\\ _ r e,e Net — r CONW1CyVV1/EA!-TN BISON COMPANY LAWS §la �I _ _ '+�\ Nal>r >sa ee "� rr� .� SI »�.mSWIM 74°`°� XI i t 1!"i x.m..e a„ ---_ raps m.vm .ar .w r<wla:r:N aroma 0atiNTY K'c CERRFl A `E(' as'`="*--":';"'s -- u:� 11011=17.5 zmmmI Rd M Wit 1 14 ea MAWS Al OM Mr df 1.*LAWS 1111St_ STATE a IWENO )55 E I^ rdtle.1.1•04YMCAlt.ofei ..aro COUNTY OF KENDNL) fin/ cC vc Ir LAWS w AA IM Ona maA.awn ar.a a m,a»r,r s�.ea ewaE»A m.r»,a»�t mer a a m COMMONWEALTH m« r ms.a A>.a..paor INA,R Ii and seal W the Count o e,wpm 0: �. E NE Y OEq[A RD mi r i6os e T v ... , 9=_'�...,�\ dF,.�-.. 1,112,0191 So. t. :n.ss1,k L,i ea»er n.e , PNP1'n. '0,, fFRTFlCARGN q NTY REORGER'c CFRTIFlCATF ne PARCEL 1NC7 '.yam e s } C STATE a EUNgS )55 5 ! \" Y COUNTY CF KENDALL) STATE OF ILLINOIS ) 1- / �„e_ eke COUNTY a KENDALL) I � l/roe fAh I kr recent In tn• ] Ei �+ 3 �PAR'Ca. MIME our.u »vrTmw.0 a r..�N .DO 1.1007,2101,1'NAY INF R.md. ot� a ,_._ NE F6uora a itYC MEOWS rr NW5 AV S MOWN PLAYS Am K F R -...-..,......_.:''..�� ,N\�j"%„—� �) �•= u nE 1” ..w A. s MOWN SIT FORK,Y vm dde Awa.�1uW / W l'i' •,••••,•••'+v 'n'n��t W Dm»N vrN.N.K.,Ea CantK [t5 W • Nnw ADI.6.30R'n County A@ ii 4 m A Y Y Y t( k 259 TYSTRIfT FNGNFFRINf.CFRRFlCATF1It 55( n..¢ Incl....,nd Lme .II/2um.No.6\• d(_ I Lk.n»eaYolbn Eat 11/]0/]006 W.qet n»e.a aa.es.er m.waw.D CS NS rer.. an,Nn ? PARCEL l £19 [[ /' ' la NSA a rnaNm SE; rwa rmiun�tont.d �lo 'i';h r p PLAT OF DELIGATION "`°"w'EeEa 41 .. t: ¢ .de x,,,t iso/ RIr GORNEILS RD.,ELDAMAIN RD., e ___ BEECHER RD. 4 FAXON RD. NOES __ �� � � '� - aoAO � ' ' •rte' � BRISTOL TWP.,KENDALL COUNTY ANNOTATION ABBREMANONs FAXON a a- 6Tgt�.i` GRAPHIC SCALE P -POINT OF COMMENCEMENT na m xrnr„N„-, coCAO B%._. I I T T Ferman DRA'IM BY: DATL RRO.ECT NO. fl0 5/18/03 050.6201 2 ALL BEARwGS ARE ASSUNEO. / DESIGNED BY: Now.SCNC ENTET Na RIGHTS-OF-WAY DEDICATED HEREON ARE HEREBY -/ 11ieeq )ti CHECKED BY YON.SCALE, DEDICATION DEDICATED TO KENDALL COUNTY. —1 Yltf A. EXHIBIT "E" ZONING EXHIBIT I I LINCOLN PRAIRIE -YORKVILLE 1 Yorkville, Illinois KENDALL 0 KENUALThl UNT°Y'A-1 ., KENDALL KENDALL .i N. . • '�+0 COUNTY A-1 COUNTY A-1 _._. d _ ._..)_ -__. • COUNTY A-1 t RIBA PROPERTIES I.I.0 CEO ROBERT. KANI COIIIJIY BANK KANI:COUN IY SANK . t WESLEY 6 LOIS ROSINED 4 x'RIASI A IIIU51 . MORRIS , ~. • ' t• CORNEILS ROAD ..._._--_._ -"_- - -- - - -___________________________________________________________ - A. t .. 1,w ;� I SITE �. e�" '.BA t Jtn'rt t YORKVILLE KENDALL I',, +` ..',•44, i ''.:V.i M-1 ,I COUNTY A-1 Y tidi� :#:^ u'IE Y I,n:IDLE n Inr.:nun "• F T t- Z. 1111.FNlJINKI I IIt11Al ' I -. -. j .'-. WESLEY 5.,"T�r h y j' 1 • f r.lORR13 :"aq 4 lv , . — e t • -. - • .... '�. • t .1 LOCATION MAP. - t Imo. � 1• ' `+ .� a �� � ; t 1 SJ '''.r, d'Rr la,,,,,,,' ICOMES COMPANY R O W w 16.KCan wxax«.ax..an.wtaa.axa.OM./ COAIED COMPANY R.O:W. �, 'Cl' ry , "i' Y'1,4" 11 I 1y '"',1,1!'',.'•••,'.5.-7,-i ! N61L . 4 Ilatilizt '�+ 't'1I d I 6'i Y' 1w11aarMxaexIn cTMii116xauYixuolwlM oIw�� 'q-y 4q { € �' FWD, ^, 1,.I. 1151,11INCENCOYMOBWIROU411100/201.1/MOM 1,10,t0/101111INIST 1...•VIII 111»>JJJ _ .- 1' r .F, 8i O�MONWEA7H r q L u"�.awo +nr0 Y _ , I , 1'O, KENDAL onn°voaawnMS3.1.�1 1wr0°:°4 "wum uxaxnwmwr ri ! PLANA M-2 • t- I°$ �QISON r COUNTY A-1 MOINN"x'3.11[0.11.1.02.1M.31•101003 r"`01. �+N.. 1 CDMPNAY SPECIAL USE • .1JfNNRnS .,. ROBERT S nI:TUFA r � ,, xa .,11,1111.111nrni IM . ,n180'rklnulloN .. "`".n`.01a..,raaar00.mlwx1:11.1""011110 x C FIJ IER JORIJSTON 1 _ M " MOND.WOTALCIPTIANSTI1114.0 MO 80.1.410111.11111.41 P11,1011411•Car OI R400•1411.101.MOM 03 KOR11[1,1111011,11%3.1111.11110.4.0•103..C.-01111111 �. I II a aCO 13.0161.01101L7=VI yotr . ."ate ; WM .RRUn.xURnRnroaU .®"R".."'.a1.".OMIT, .a.laaxR.nRe,11"a MOM tlf ri I rat...MRYtmw,aanaW:a.R..a,Ka : --— ,,, /WA\NT 0111.10.013,1,11.11.T0 le./01W•1•310011.1.111301.7 00 Cf7M11111130 • - .r. / i ...11w R;"uTVTRRra"rra.vM. _ momm.cra ,1R1u..1aR D ♦ \ 003.01.1.1.1.1111•0141111,41mnowegencomast�"i1"a0001121.10‘11101,30.011 01121 eaar""'" ` aanga (...W10 ..�, A 14, I4. _ _ 1. __ wanigavro•nie .Rm.,xu,rmma.rwrav •"•11o1.m2°"., O __ __ __ __ KENDALL MONINNSRIMOF uxd .aMITI le 0.11.01/0101.18 0.1116.08 ::.o13`.•Imw.1Ne n __ __ __ __ 1 COUNTY A-1., roar O / FROBERT NAO ,� / M-2 anEFoesnwrtus , 111.31,,Ver.111!•00110-Arr IN Cy 11.01101111,0,1140,0 3.0141.1.14.11.0/DOW. 'i ,i w �a"x ...'R,'a .a,"„"memolUV 111fOr e.:.sils.UaRaU . .... PLANA ' i 1 ..alalar.a,oa.wnavaxR.xuOT,.aanY "&fll M z I 11 .....'''...41. "� BREI r1EL FnuII I 1 0 ... "" R TRUST r �Rp6KENDALL vv.MC * „,, I r � U1 � 0OICOUNTY A-1 "� ”OWv'� ,e`en G INIIM�01WM/111 .0v.n .v1. it - ovNCOMM C•MO WRIMVIIST raw!MOM•01011e0 MEWL 44 0...10.111T. _ C ) m FAXON ROAD . 1 I C� � ' V0.0.10.1781.1T 10.,PONT OM 131!VS•r10101,ONO �aR� ..Mgr uR"" '° F retro.lRrala.[onxnxmla.axlm..uw �l a _ .y I i KENDAkk ' Uf^ / �� .a . . . rRusr � � 1 ....,ansae j F I Hit IANR'frC 3 t;.: i �(ENDALL - _ .satl rtr :rte" -COUNTY-A-1.. VA j BRu ti ` A 1 ({ ILI IN II,111 a s� I.(, + OUNTY _ 1 032•0U111 cc e 11 I F , .1 _ .. Iii _.F1l}Sr InR tir NK • _'-1 e�11.10Ce RATIN:�eaea."1aw%"mr,°`::.sa 00 :.. m x ay..R..ur 1x.arm of .vnvnvmxwwr..ava.euru.R wnrmawawmlxaama .. 1 �.._ x1.11.,avoa A.FIER,,nram,«a.elaa10.PI .x.a1.mLa mm ( j .-... �RI l � I• - • i AJ • .. OWNER: PREPARED FOR: SCHOPPE DESIGN ASSOCIATES ill DON 8 CAROL HAMMAN The United City Of Yorkville Laxtrmpe Amhitectare ardLand PlandRB FIVE H,LLC a 800 Game Farm Rd. ZONING ExHiBT a 1,100' p3Lpfjp 80948 \ ., 830.693-IL 43 0000 126 S.MAIN OSWEGO,/L 605R43T PH.(630)551-3355 FAX(630)551.3639 , a it REV 6:W3i1006 3 OAT!:01•1i-0006 EXHIBIT "F" PLAT OF SURVEY PREPARED BY ATWELL - HICKS, INC. DATED MAY 23, 2003; LAST REVISED 5/23/2003 • PLAT OF SURVEY - .:7,-,-. m m SECTION 18,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE 3RD PRINCIPAL MERIDIAN,BRISTOL TOWNSHIP,KENDALL COUNTY,ILLINOIS Ik —0—, _ —Ex«.artax,3 r J ax r xrw ra ' )(;.11281 o �, -m.m mrxu«sour a-n-, IOBxm r N8: 2- 99a_. _ !—„/- rawwxwe _- .-__.._- _..-...._ .e - -- .-_ I- J -- —,1613.82' \Y n-m sa xarxE.sr c«-a M m CO Z 1 `amorr � W •'c g j - �/ /J35.' , ¢,Duan— LL1�� £3 5Be'a�W 444 6 V N��.x h % q /7",,,,„,LLOT z F. 6\ x„ £Qfi f w a o Ps R / / 9 i J D1 W n RARCEG E f / BAGEL • 0 N . LEGEND 0 LOT 1 t 3,}�0 l SO.Fr. ^miln.usu., a t ALMS 989'S9'08-w r�wux ux rzxx xm araD.w.WV AREA= ~ 1.2 y m I .°xi,n cc�..r OR s. ACRES ' 8 rzotg IL I 0 ¢63.89' D er ]3 r h^ iN.euJ- NA �r`Vi nrr ow.Low fora (m-GOVERNMENT LETT z, r m"D c I{ n.�rzw. � uwr nxsxl � rt 'I..- IF. MEM Eor,) N9.59'08-E^w"8 ___ • 12 16.44 75. 2. 589.59'08-w iLCT 3 2.22222.2-222 LOT E I A J l i g III a ' I p ! COM�ICNWEA-TH ED SOti COMPAkY R W. 8 AI1 .. 1 x� `..,.rA yyyyyy .: .�.--,�,e,� c .. :al_i�r 889'01'2J'E 565.21'y �o- RI5 IRID TRACT amvF \ X N 1�3, I' - � '^^ II li 6. i" wI ,,,,, ii ghl 4 41 P �� rd o gel ., .s„„ORO ,1F+ 41?-7, J in J 1 LOT 4 xe �1 rP «,.,xx a„, axre�,, �i,n,Y ,,- . it4 ,.« a «a,«,er, 4 r�;e F g 11 1 .J. -m f! I w ro:” - 'An on,.° rn RETAINED TRACT 3 m N v� \)I Q �� vi sw OR ``/I . sl:. o e% 3 1 \.,xr I .rmwrwr.nvrmexm 31 LOT 11 E M fs12630� i N89'S)'33-E 16)1.52' 155.3)' © .. �/+.1 'J:171 r4� b 268E, .9 5)33 E : 1102 80' ,,, i ` 741 R d $ ]5039' .� ' � I TNo.EaxMENt NMI) '� m ..,, ,' PARCEL 2Af 2 ii;t,,, s PARdem9 `EIt 9a.,.Y93, ES M r,li € m,m av aca PT. LOT 12 € =- R SBI rwsaarx 88457'33T 3352.25' , ,. vsoaw, € u r I T I 1 $'s 11 LOT 5 PARCEL 1 } w.rx4lii Mi row.w.w sw¢ .mnrR-u«wauw OR)1A)31 Acus m \101..5 .W PT. LOT 12 3 A 5 si ai 11Y fI 11, 9y y:4 OT l Sian war mumca or ssrnox l'-'7' YS F _ - - - - - - - ! 61 ,.,w«T•.�a -- i4 BEFORE 0011 DIG ro,xm —J— -:--- L. , 2222,2 CALL JULIE fi -- „•���±�� �'"Dex-.,I 890 82..-.yrs �, _ ::_ Y.ra �•��•o - mutx __ � ' Aso.' LOT PT. LOT 1 mow �axva�e LOT 4A� ice. PT. L0- 1 - w LOT ke4'I c I ® NOTICE: E —rw � zue��ieJr. xn.° ux..wux m,R=mow v.n.mv __ ) s 4.1307 54 ! Piawl sxr ,rxcixc �T I OF 2 •1111nJffiO-, PLAT OF SURVEY SECTION 18,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE 3RD PRINCIPAL MERIDIAN,BRISTOL TOWNSHIP,KENDALL COUNTY,ILLINOIS d N pp W O.• 2Z '°-- aw[ww a n w rom SE[Nr R rc cx 1e ISSa,x[ coSEoww Cl)¢ .0 SOUTIMIES3 Of O 111F NOREINRCST 0.3APTCP OF SECT.IS 43 Pr lowlswe LLP -I= ¢p .m mow,.«wow. � O v scut„ux[O[wo wurxw[n ouwrta ra r„[coin*or e[wrvwxc,e,s..z w a�c„r-ar-w.r[w[rs m[wr[No[o eaoxvu a„[a wo csEu[xr w [ru I. A J Jaoz al 0 W o.wca x EASEMENT % cV •uexr ro ecw�r couuovxu,„Epsom couvw+ ,88 mr, . wxw.rxENa.o„�oEaE o,mrt,r. ,„r..sx,.ER xx[x ,rN xuxw, „ [.[w,w,„[m:x,.r,,.rtnwor.[Ew. ii di :rvwCA rrxoa„�naaaaw �aoo„ wx eEwNwwacNx • it FISEMENT I [.rr>rxw,,,=�x,„, a,,[E w „o,wa„Eo.:n Ez:.w„E EFE.,.,LLmo,, wwx,[. lip ¢¢1 W 3e LL. . ..,N, - r $. „..o ,ERE x wM,ON », EPSON Co.P.m. a g n.>.aN. w,x wo 2 ,,,,.r,Nro,»E oom a a[IVIgNo~.gx,. .ww,. .,o-_NxcEs,.w„N,E,.r,[.oxo:wn r:.m rtn,SE x«Pow, `z 3 a[o�xx�xo N x[xa[oa,x,..u,„o�,. y 11 . 3 ,.xril w[n..[SENo wo w[n,w[.,n:,o FEU,o,„[Pow,a a.o�Nwxo.w.[mow. r..,[.w�.,SE a[Krx SESExx ,„ wN rdow,. a= iflor[fl o,wo wEn r.w a,w .u , aa a wa w ow a r.c[ a,„ I eg^ e. R .SEMEN„ • Ili PPS., a a. FEETSPURSEEN,. eu 3 WOW.OARS „ as/23/4, 1g BEL7,8°21241:3 ORE YW DIC ,ra or., [RI w,e uhx oma,.w o<ar..:,„rrao.Ycoxrrcuco,o.rt.wcanw[a z. CALL JULIEti3=yds-ao. woz mac:m w I-900-8JIJ7 ox.[ "^'Np' ""s u,m r„s3cxvaso.or Osma[a- Wam.� �[A,y ,X• i ams ` w.w ”©+wm ue..m.a ww. wwm[�(eio)iraµ,.0 10/11.350 u 9@T,Of, -! E 'c0:1 o United City of Yorkville Memo ► _�, '�` 800 Game Farm Road EST. 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 p Fax: 630-553-7575 NCE ‘NIN' Date: May 19, 2005 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney CC: Anton Graff, City Administrator Subject: Lincoln Prairie Annexation Agreement, Ordinances You will find in your packets a copy of the final draft of the Annexation Agreement for the Lincoln Prairie development. Please look to Section G(i) for the inclusion of the phrase"fire protection districts" per the discussion at COW. Also attached are the usual form of Ordinance to Execute the Agreement and in turn to Annex the territory to the City. In sum, these documents are presented so that you may approve and annex, at your discretion. ANNEXATION AGREEMENT WITH DONALD J. HAMMAN AND CAROL S. HAMMAN AND TILE UNITED CITY OF YORKVILLE Concerning LINCOLN PRAIRIE YORKVILLE WHEREAS, DONALD J. HAMMAN and CAROL S. HAMMAN, OWNERS/DEVELOPERS of the property described in Exhibit "A" (hereinafter "OWNERS/DEVELOPERS") have requested the United City of Yorkville, Kendall County, Illinois (hereinafter"CITY") to annex the said real property into the CITY; and its Plan Commission has heretofore approved the proposed land uses and the zoning of the same;the Subject Property is illustrated on the survey of Atwell-Hicks, Inc. dated May 23, 2003, last revised 5/23/2003, Exhibit "F"; and WHEREAS, all parties to this Agreement are desirous of setting forth certain terms and conditions upon which Exhibit real property heretofore described in Exhibit "A"will be annexed to the CITY in an orderly manner; and further to provide how the real property described in Exhibit "A"will be developed within the CITY in an orderly manner; and WHEREAS,the OWNERS/DEVELOPERS and their representatives have discussed the proposed Annexation of and the development of all the Subject Property and have had public meeting with 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, for and in consideration of the mutual promises and covenants herein contained,the parties agree, under the terms and authority provided in 65 ILCS 5/11-15 through 65 ILCS 5/11-15.1-5, as amended, as follows: 1. ANNEXATION AND ZONING: The CITY shall adopt an ordinance annexing to the CITY all of the real property described in the attached Exhibit "A" as designated in the attached Annexation Plat incorporated herein as Exhibit "B"and the CITY in said Ordinance shall zone the real property described on Exhibit"A", subject to the further terms of this Agreement as M-2, General Manufacturing District, with the specific Special Uses as permitted uses, as illustrated on the Zoning Exhibit by Schoppe Design Associates dated 1/13/2005, last revised 4/**/2005, Exhibit "E"; Parcel 6 on Exhibit F may be used as a Public Works Facility. Said zoning shall allow the uses, size, density, areas, coverage, and maximum building heights as set forth on Exhibit "C", M-2, General Manufacturing District, and said real property shall be Page 1 of 11 used and developed in accordance with 65 ILCS 5/11-16-1 through 65 ILCS 5/11-15/1-5, and in accordance with the CITY Subdivision Control and Zoning Ordinances. 2 The CITY agrees that in consideration of OWNERS/DEVELOPERS voluntarily annexing the real property described in the attached Exhibit "A"to the CITY and developing the real property described in the attached Exhibit "E" and CITY and OWNERS/DEVELOPERS will each undertake the following duties, covenants, and obligations: A. i. OWNERS/DEVELOPERS and CITY which shall provide that upon approval and execution of this Annexation Agreement by the CITY, OWNERS/DEVELOPERS shall immediately dedicate for right-of-way purposes as depicted on the Plat of Dedication of right-of-way incorporated herein as Exhibit "D". ii. Said dedication shall be to the CITY and shall be at no cost to the CITY. iii. The internal roadway on the Subject Property shall be designed and constructed by OWNERS/DEVELOPER to accommodate heavy truck traffic not exceeding 80,000 pounds to conform with Class II Road Standards under the Illinois Motor Vehicle Code, including the large tractor trailers that bring aggregate trucks, and heavy construction vehicles. Perimeter Roads: OWNERS/DEVELOPER shall improve Eldemain Road adjacent to Parcel 5 to Kendall County standards; OWNERS/DEVELOPER shall improve Corneils Road, Faxon Road, and Beecher Road to CITY standards at such time as is necessary for the concurrent use of the Perimeter Roads for development in the Property. It is contemplated that the 1423 feet of West Beecher adjacent to the Property will be maintained as a tar and chip road to direct truck traffic from the Property to Eldamain Road. So long as West Beecher is maintained as a tar and chip road, OWNER/DEVELOPER will pay/reimburse the CITY for one half of the maintenance cost for West Beecher Road. If OWNER/DEVELOPER develops Perimeter Roads or other off site improvement,the CITY will enter a recapture agreement or agreements with OWNER/DEVELOPER to recapture from adjacent owners one half Page 2 of 11 of the costs of perimeter roads expended by OWNER/DEVELOPER or the reasonable sharing of other off site improvement. The improvement costs shall include engineering and construction costs. The CITY shall adopt the recapture ordinance within ninety(90) days following notice from OWNER/DEVELOPER that the facilities are complete, and upon the certification of actual costs by OWNER/DEVELOPER's engineer and approval by the City Engineer. The recapture ordinance shall provide that OWNER/DEVELOPER to be paid a reasonable amount of interest on the amount expended in completing the improvements, which interest shall be calculated from and after the date of completion and acceptance of the improvement and for payment of all recapture sums due at the time of annexation and use by any benefited property owner. B. This Agreement between the CITY and OWNERS/DEVELOPERS specifically grants authority by OWNERS/DEVELOPERS: i. Authorize and permit the extension of all CITY, Yorkville-Bristol Sanitary District, and public utilities including, but not limited to telephone, electric and gas through said area. ii. Consent to the rebate of 50%of sales tax revenue to OWNERS/DEVELOPERS of this development and Annexation Agreement with the CITY, as to sales tax revenues generated on the subject property to this Agreement (as described on Exhibit A) , in order for OWNERS/DEVELOPERS to recover the cost of road and related public improvements over the areas of OWNERS/DEVELOPERS real property, including public improvements to perimeter roads and public offsite improvements required for the development described in Exhibit «E» 3. COMPLIANCE WITH SUBDIVISION CONTROL ORDINANCE: Except as herein modified or varied,the OWNERS/DEVELOPERS shall comply, in all respects, with all of the provision of the ordinances of the CITY in the development of the subject real property herein described except as varied by this Agreement. In connection with the development of the entire real parcel being annexed, the CITY and OWNERS/DEVELOPERS agree as follows: A. The development of the entire real property which is currently being annexed as described in Exhibits "B"and "E" can be done in phases or units. B. If at the time of development,the existing CITY dedications, easements and right-of-way are not adequate to facilitate sewer, water or other utility extensions, the CITY agrees to exercise its power of eminent domain, if Page 3 of 11 necessary, to acquire such easements and right-of-ways, including easements from the then present terminus of the existing municipal sanitary sewer and water lines to the boundary line of the Subject Property being developed, and the cost and expense incurred by the CITY shall be paid by the OWNERS/DEVELOPERS and added to the rebate amounts described in this Annexation Agreement and reimbursed to the OWNERS/DEVELOPERS from sales tax revenues generated on the site. C. Storm water detention facilities can be constructed in stages with capacity for storm water detention facilities based upon the need of each phase or unit as developed taking into account the detention capacity that is required on OWNERS/DEVELOPERS' real property to serve the parcel. D. OWNERS/DEVELOPERS shall require in any lease or contract of sale and license to the batch plant operator or other special use approved on the Subject Property that all or any sales from the concrete batch plant or other special use shall be invoiced from the Subject Property and that all sales tax be reported as received at the Subject Property. E. Except as otherwise provided in this Agreement, no change, modification or enactment of any ordinance, code or regulation shall be applied during the term of this Agreement so as to affect the zoning classification of the Subject Property, the bulk regulations, including, but not limited to setback, yard, height, FAR and frontage requirement, contribution ordinances and the uses permitted thereunder by the Zoning Ordinance of the CITY in effect as of the date of this Agreement, except to the extent BOCA Building Codes, Fire Codes, and like ordinances which are non-monetary in nature are from time to time amended affecting in a uniform and non-discriminatory manner all subdivisions within the CITY, which are not Final Platted,or for which building permits have not been issued. Except as modified by the terms and provisions of this Agreement,the OWNERS/DEVELOPERS shall comply in all respect with the conditions and requirements of all ordinances of the CITY applicable against property similarly situated and zoned within the CITY as such ordinance may exist from time to time subsequent to Annexation to the CITY, provided, however, notwithstanding any other provision of this Agreement, if there are changes to said ordinance, regulations, or codes which are less restrictive in their applications to similarly situated and zoned lands, then the OWNERS/DEVELOPERS, at their election, shall be entitled to like treatment with respect to the Subject Property being annexed herein. F. It is understood and agreed that all subsequent amendments of this Agreement, plats of subdivision, or any development of the Subject Property may be obtained for all or any portion of the Subject Property without affecting the Page 4 of 11 rights, duties or obligations of the parties hereunder or their assigns as to the balance of the Subject Property not included in the afore described actions. G. i. It is agreed that other than the existing ordinances dealing with land cash donations for the schools, parks and fire protection districts; and fees for building permits, occupancy permits and tap-on fees, transition fees to the CITY and YORKVILLE School District, and review fees in the event any portion of the Subject Property is developed for residential purposes,that no additional fees or donations will be required by the CITY from OWNERS/DEVELOPERS, except as may be charged on a non-discriminatory basis to all residents of the CITY. ii. OWNERS/DEVELOPERS agree on their own behalf and that of any future OWNERS/DEVELOPERS to voluntarily pay school transition fees as are in effect with the CITY at the time of execution of this Agreement, as to the portion of the real property that is developed for any residential purpose. H. i. The parties hereto agree that the Subject Property may continue to be used for existing agricultural uses, until the Subject Property is developed. In addition thereto, all such agricultural uses thereof shall be considered legal, non-conforming uses. ii. The CITY agrees that, after a Final Plat of Subdivision is recorded and the applicable bonds or letters or credit are delivered to the CITY, the OWNERS/DEVELOPERS shall not be required to construct all on-site and off-site improvements prior to issuance of a building permit for buildings or improvements on any portion of said subdivided land, if consented to by the City Engineer which consent shall not be unreasonably withheld. Rather,the OWNERS/DEVELOPERS shall be allowed to construct the required off-site and on-site improvements simultaneously with the issuance of building permits for individual lots, and/or buildings, but it is understood that building permits may not be issued unless OWNERS/DEVELOPERS have provided adequate road access (paved roads)to the lots for emergency vehicles; and have provided sufficient water supplies for fire fighting purposes. However, all off-site and on-site improvements(except final lift of bituminous asphalt surface on roads and landscaping), serving any said lot or building shall be installed by OWNERS/DEVELOPERS and approved by the CITY before an occupancy permit is issued for said lot or building and the balance of the required on-site subdivision improvements not required to serve said Page 5 of 11 lot or building may be constructed in phases, consistent with each recorded Final Plat of a phase or unit of said development, as the development on each unit progresses. iii. It is understood that the CITY will cooperate with the OWNERS/DEVELOPERS in the procurement and/or execution of the necessary permits from the appropriate government bodies to allow the construction of the street access from the Subject Property for the development of the Subject Property. iv. It is specifically understood and agreed that the OWNERS/DEVELOPERS and their successors and assigns shall have the right to sell, transfer, mortgage and assign all or any part of the Subject Property and the improvements thereon to other persons,trusts, partnerships, firms, or corporation for investment,building, financing, developing and all such purposes, and that said persons, trusts, partnerships, firms or corporations shall be entitled to the same rights and privileges and shall have the same obligations as the OWNERS/DEVELOPERS have under this Agreement and upon such transfer, the obligations pertaining to the property transferred or sold shall be the sole obligations of the transferee, except for any performance bonds or guaranties posted by OWNERS/DEVELOPERS on any subdivided or improved property for which an acceptable substitute performance bond or letter of credit has not been submitted to the CITY. v. It is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that all of the parties will make every reasonable effort to expedite the subject matter hereof; it is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. vi. The Covenants and Agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall insure to the benefit of and be binding upon the heirs, successors and assigns of the parties hereto, including the CITY, its corporate authorities and their successors in office and is enforceable by order of the Court pursuant to its provisions and the applicable Statues of the State of Illinois. vii. If any provision of this Agreement is declared invalid or illegal by a Court of competent jurisdiction, then said provision shall be excised therefrom and the remainder of the Agreement shall not be affected thereby. Page 6 of 11 4. The OWNERS/DEVELOPERS acknowledge that they must annex the real property described in Exhibit"A" when development is sought by them or any future OWNERS/DEVELOPERS to the Yorkville-Bristol Sanitary District, and further acknowledge that annexation to the CITY in no way guarantees sewer service to the entire parcel by the Sanitary District. 5. BINDING EFFECT AND TERM: A. This Development and Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, and their successors and owners of record of land which is the subject of this Agreement assignees, lessees, and upon any successor municipal authorities of said CITY; so long as development is commenced within a period of twenty years from the date of execution of this Agreement by the CITY. B. CITY and OWNERS/DEVELOPERS agree that the terms and conditions of this Agreement are contingent upon OWNERS/DEVELOPERS and CITY entering into this Annexation Agreement providing for the enforceability of the joint obligations effecting Parcel"A" of OWNERS/DEVELOPERS and the real property described in this Agreement. 6. NOTICES: Any notice required or permitted by the provisions of this Agreement shall be in writing and shall be deemed effectively given on the date of personal delivery or confirmed telefacsimile transmission or on the second business day following deposit in the U.S. Mail, certified or registered, return receipt requested, postage prepaid, and addressed to the Parties at the following addresses, or at such other addresses as the Parties may, by notice, designate: If to the CITY: City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 Fax: (630) 553-7575 With a copy to: John Wyeth Attorney for the City of Yorkville 800 Game Farm Road Yorkville, IL 60560 (630) 553-4350 Fax: (630) 553-7575 jwyeth@yorkville.il.us Page 7 of 11 If to Owner: Donald J. Hamman 13351 B Faxon Road Plano, IL 60545 (630) 554-9101 Fax: (630) 554-9181 With a copy to: John P. Duggan Duggan Law Offices 181 S. Lincolnway P.O. Box 273 North Aurora, IL 60542-0273 (630) 264-7893 Fax: (630) 264-1310 dugganjpd@aol.com 7. ENFORCEABILITY This Agreement shall be enforceable in any Court of competent jurisdiction by any of the parties hereto by an appropriate action of law or in equity of law or in equity to secure the performance of the covenants herein contained. In the event any portion of said Agreement becomes unenforceable due to any changes in Illinois Compiled Statutes or Court decisions, said enforceable portion of this Agreement shall be excised therefrom and the remaining portions thereof shall remain in full force and effect. 8. ENACTMENT OF ORDINANCES: The CITY agrees to adopt any ordinances which are required to give legal effect to the matters contained in this Agreement or to correct any technical defects which may arise after the execution of this Agreement. IN WITNESS WHEREOF, the Parties have executed this Agreement on the date first above written and, by so executing, each of the Parties warrants that it possesses full right and authority to enter into this Agreement. CITY OF YORKVILLE, an Illinois Municipal Corporation By: Arthur Prochaska, Jr., Mayor Attest: City Clerk Page 8 of 11 OWNERS/DEVELOPERS Donald J. Hamman, Carol S. Hamman and Five H, LLC Donald J. Hamman Carol S. Hamman Five H, LLC By: Donald J. Hamman, its Manager Page 9 of 11 STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) I,the undesigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY,that Arthur Prochaska, Jr., Mayor of the City of Yorkville and Jackie Milschewski, City Clerk of said City, personally known to me to be the same persons whose names are subscribed to the foregoing instrument acknowledged that they signed and delivered the foregoing instrument as their own free and voluntary act and as the free and voluntary act of said CITY, for the uses and purposes therein set forth; and the said City Clerk then and there acknowledged that she, as custodian of the corporate seal of the CITY, did affix the corporate seal of said CITY to said instrument as her own free and voluntary act and as the free and voluntary act of said CITY, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2005. Notary Public STATE OF ILLINOIS ) SS COUNTY OF KENDALL ) I,the undesigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY,that Donald J. Hamman, individually and as manager of Five H, LLC, and Carol S. Hamman, who are personally known to me to be the same persons whose names are subscribed to the foregoing instrument acknowledged that they signed and delivered the foregoing instrument as their own free and voluntary act and as the free and voluntary act of said company, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this day of , 2005. Notary Public Page l0 of 11 EXHIBIT LIST Exhibit "A" Legal Description of the entire parcel, the Subject Property Exhibit "B" Plat of Annexation Exhibit "C" M-2 General Manufacturing District Ordinance Exhibit "D" Plat of Dedication Exhibit "E" Zoning Exhibit Exhibit "F" Plat of Survey prepared by Atwell—Hicks, Inc. dated May 23, 2003 last revised 5/23/2003 M:My PaperPort Documents1HAMMAN COMED ANNEXATION YORKVILLE1Lincoln Prairie Yorkville Annexation Agreement 17MAy2005.doc Page 11 of 11 STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF LINCOLN PRAIRIE YORKVILLE 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 Page 1 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. WANDA OHARE JOSEPH BESCO 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 Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 bC° = I b. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (LINCOLN PRAIRIE) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory; and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any, have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS, the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory, That territory described in the Legal Description which is attached hereto and made a part of this Ordinance. that territory also being indicated on an accurate map of the annexed territory(which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO 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 day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560