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Ordinance 2005-078 STATE OF ILLINOIS ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (GarritanoBrummel Property — Del Web / Pulte) WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement and i Planned Unit Development 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 and Planned Unit Development Agreement has been drafted and has been considered by the City Council; and WHEREAS, the legal owners of record of the territory which is the subject of said Agreement are ready, willing and able to enter into said Agreement and to perform the obligations as required hereunder; and WHEREAS, the developer of the property, Pulte Home Corporation is also ready willing and able to enter into said Agreement, and Pagel of 3 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 I i WHEREAS, the portion of the property described on Exhibit "B" is presently contiguous to the City, and the portion of the property described on Exhibit "C" is not yet contiguous to the City, but is anticipated to become 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 and Planned Unit Development Agreement concerning the annexation of the real estate described therein, a copy of which Annexation Agreement and Planned Unit Development 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 v VALERIE BURD PAUL JAMES 4 DEAN WOLFER kt_ MARTY MUNNS ' ROSE SPEARS t JASON LESLIE v Page 2 of 3 i i Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this a Day of A.D. 2005. r� ..Lrt MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day o A *DO 5. ATTEST: . J CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 i I i i 200600010164 Filed for Record in KENDALL COUNT'f e ILLINOI PAUL. ANDERSON 04 At 10:35 Rm ANNEX ORD 115.00 REV — CLB — 2/1/06 ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT (GarritanoBrummel Property) i THIS ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT ( "Agreement "), is made and entered as of the 27th day of September, 2005 by and between MPLIV 10, LLC, MPLIV 20, LLC AND MLH YORK LLC (collectively, "OWNERS "), PULTE HOME CORPORATION, a Michigan corporation ( "DEVELOPER ") and the UNITED CITY OF YORKVILLE, a municipal corporation organized and existing under and by virtue of the laws of the State of Illinois (hereinafter referred to as "CITY ") by and through its Mayor and Aldermen ( "Corporate Authorities "). OWNERS and DEVELOPER and the CITY are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties ". CHOI/ 12439329.4 RECITALS: A. OWNERS and DEVELOPER are the owners of record of certain parcels of real estate legally described and shown on the Plat of Annexation, attached hereto as Exhibit A (hereinafter referred to as "SUBJECT PROPERTY "). B. OWNERS and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY. The SUBJECT PROPERTY is currently contiguous with the existing corporate limits of the CITY and is not within the boundary of any other city. C. OWNERS and DEVELOPER desire to proceed with the development thereof for residential and commercial use in accordance with the terms and provisions of this Agreement. D. OWNERS and DEVELOPER propose that the SUBJECT PROPERTY be rezoned under the City Zoning Ordinance ( "Zoning Ordinance ") as follows: (i) an R -3 Single- Family Residence District under the City Zoning Ordinance with a Special Use for a Planned Development as an age - restricted community consisting of attached and detached single - family residences on approximately 254 acres legally described on Exhibit B -1 attached hereto (the "Age- Restricted Residential Parcel ") and depicted as Neighborhoods 1 through 10 on the Land Plan prepared by SEC Planning Consultants dated August 1, 2005 (the "Concept Plan ") attached hereto as Exhibit D and depicted on the Preliminary PUD Plat and Plan prepared by Smith Engineering Consultants, Inc. comprised of 16 pages dated September 2, 2005 (the "Preliminary PUD Plan ") attached hereto as Exhibit E, (ii) an R -2 Single Family Residence District as a community consisting of detached single - family residences on approximately 297 acres legally described on Exhibit B -2(1) and (2) attached (the "Conventional Residential Parcel ") and depicted as Neighborhoods 11, 12, 13, 14 and 15 on the Concept Plan (the Age- Restricted Residential Parcel and the Conventional Residential Parcel are herein sometimes collectively referred to as the "Residential Parcels ") and (iii) a B -3 CHOI/ 12439329.4 2 Business District with the uses listed as Permitted Uses in the B -3 Business District, on approximately 32 acres, legally described in Exhibit C attached hereto (the "Commercial Parcel ") and as depicted as commercial on the Concept Plan. E. MPLIV 20, LLC, the OWNER of the Commercial Parcel intends to sell the Commercial Parcel to a developer of commercial properties (the "COMMERCIAL DEVELOPER ") who will develop the Commercial Parcel and perform the obligations of the COMMERCIAL DEVELOPER set forth herein. F. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning on June 8, 2005 and conducted Public Hearings regarding the Preliminary PUD Plan for the Active Adult Parcel on August 10, 2005 and September 14, 2005. The City Council conducted the public hearing on the Annexation Agreement and Planned Development Agreement on September 13, 2005. G. The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. H. The parties intend that this Agreement serve as an Annexation Agreement for the entire SUBJECT PROPERTY and as a Planned Development Agreement for the Age - Restricted Residential Parcel. I. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of this Annexation Agreement and Planned Development Agreement and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of CHOI/ 12439329.4 3 the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. J. (i) Each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the attached Exhibit A for the uses set forth herein, and to further develop the Age- Restricted Parcel as a Planned Development establishing a unique character through the provision of a mix of residential uses within the Age- Restricted Residential Parcel in conformance with the United City of Yorkville Comprehensive Plan as a master planned community. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for performance standards in the development of the SUBJECT PROPERTY. (iii) Each party agrees that a substantial impact will be placed on the services of the United City of Yorkville and other governmental agencies by development of said SUBJECT PROPERTY. (iv) All of the SUBJECT PROPERTY, except for Neighborhoods 14 and 15, is contiguous to the corporate boundaries of the CITY. After annexation of the balance of the SUBJECT PROPERTY to the CITY, Neighborhoods 14 and 15 will remain separated from the corporate boundaries of the CITY by the Commonwealth Edison Right -of -Way. K. It is the desire of the CITY, the OWNERS and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable CHOI / 12439329.4 4 ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. L. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement the Petition for Zoning and Annexation and drawings submitted therewith, with the matters contained in this Annexation Agreement and Agreement for Planned Development including, but not limited to the Preliminary PUD Plan for the Age- Restricted Parcel, attached hereto as Exhibit E which shall govern and control the development of the Age Restricted Residential Parcel as a Planned Development and agree that the annexation, and zoning for the SUBJECT PROPERTY and the Preliminary PUD Plan for the Age Restricted Residential Parcel shall be approved by the City Council upon the following terms and conditions and in consideration of the various agreements made between the parties: 1. LEGAL CONFORMANCE WITH LAW. This Agreement is made pursuant to and in accordance with the provisions of the CITY ordinances, as amended from time to time, and applicable provisions of the Illinois Compiled Statutes and the Illinois Constitution. 2. ANNEXATION AND ZONING. A. As soon as reasonably practicable following the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex CHOI/ 12439329.4 5 and rezone the SUBJECT PROPERTY, except for Neighborhoods 14 and 15, under the provisions of the City Zoning Ordinance ( "Zoning Ordinance ") as follows: (i) an R -3 Single - Family Residence District under the City Zoning Ordinance with a Special Use for a Planned Development as an age- restricted community consisting of attached and detached single - family residences in accordance with the Preliminary PUD Plan attached as Exhibit E and this Annexation Agreement and Planned Development Agreement for approximately 254 acres legally described on Exhibit B -1 attached hereto (the "Age- Restricted Residential Parcel "), (ii) an R -2 Single Family Residence District as a community consisting of detached single - family residences on approximately 136 acres depicted as Neighborhoods 11, 12 and 13 on Exhibit D and legally described on Exhibit B -2(1) attached (the "Southerly Portion of the Conventional Residential Parcel') and (iii) a B -3 Business District with the uses listed as Permitted Uses in the B -3 Business District, on approximately 32 acres, legally described in Exhibit C attached hereto (the "Commercial Parcel'), provided that interim use of all or any portion of the SUBJECT PROPERTY as agricultural shall be permitted as legal non - conforming uses of the SUBJECT PROPERTY until such portions are actually developed. B. As soon as reasonably practicable after Neighborhoods 14 and 15 depicted on Exhibit D and legally described on Exhibit B -2(2) (the "Northerly Portion of the Conventional Residential Parcel') become contiguous with the corporate boundaries of the CITY the Corporate Authorities shall adopt such ordinances as may be necessary and appropriate to annex and rezone Neighborhoods 14 and 15 under the provisions of the Zoning Ordinance as an R -2 Single - Family Residence District as a community containing detached single - family residences on approximately 161 acres. CH01/ 12439329.4 6 C. OWNERS and DEVELOPER agree that the SUBJECT PROPERTY shall be developed in accordance with the ordinances of the CITY, as approved or subsequently amended, unless otherwise provided for herein, and agree to follow all of the policies and procedures of the CITY in connection with such development except as modified in this Agreement and the Preliminary PUD Plan (Exhibit E). D. The CITY agrees to consider future applications for a special use if required by the Zoning Ordinance of the CITY, for portions of the Commercial Parcel, including applications for uses that are designated special uses within the B -3 zoning classification as of the date of this Agreement. At such time as the locations of any of such uses are determined, OWNER shall apply for special uses therefor and the CITY shall conduct any necessary public hearings therefore, after application is made. 3. VARIATIONS FROM LOCAL CODES. The specific modifications and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit F attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the Age- Restricted Residential Parcel. There are no modifications or deviations requested form the Conventional Residential Parcel or the Commercial Parcel ( "Permitted Variations "). 4. UTILITIES, EASEMENTS AND PUBLIC IMPROVEMENTS. OWNERS and DEVELOPER agree that any extension and/or construction of the utilities and public improvements shall be performed in accordance with existing CITY subdivision regulations as varied by this Agreement. Any on -site work and the cost thereof shall be the responsibility of OWNERS and DEVELOPER within their respective parcels. The utilities and public improvements to be installed on the Age Restricted Residential Parcel are depicted on Exhibit E CHOI/ 12439329.4 7 attached hereto ( "PUD Utilities and Public Improvements "). The CITY shall have the sole responsibility of obtaining any off -site easements for sanitary sewer and for water distribution and responsibility for off -site street related improvements. In the event the CITY cannot obtain the necessary off -site easements for the extension of the watermains, OWNERS and DEVELOPER shall be allowed to extend water mains or sewer from other locations to their respective parcels on the SUBJECT PROPERTY within existing easements or rights -of -way. The CITY agrees that, at DEVELOPER's request, the CITY shall exercise reasonable and best efforts to acquire all off -site easements. All reasonable costs related to or associated with condemnation of property as well as the cost of acquisition of the real property approved in advance by DEVELOPER for easement purposes only, and not as to acquisition of fee title, shall be the responsibility of DEVELOPER. The CITY shall not incur any acquisition cost not approved by DEVELOPER. 5. WATER UTILITIES. CITY represents and warrants to OWNER and DEVELOPER as follows: A. The CITY owns and operates a water distribution system within the CITY for water distribution. B. The CITY system has sufficient capacity to provide potable water and fire protection to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being provided with water by the CITY. C. The CITY has constructed and will maintain an operational water storage tower within the vicinity of the SUBJECT PROPERTY to service the SUBJECT PROPERTY and other parcels within the CITY consistent with the IEPA permits therefor. CHOI/ 12439329.4 8 D. There are no administrative, judicial or legislative action pending or being threatened that result in a reduction of, or limitation upon, any Parties' right to use and connect to the water distribution system. 6. SANITARY SEWER FACILITIES. The CITY agrees, represents and warrants to DEVELOPER as follows: A. That it owns and operates a sanitary sewer transmission system within the CITY for sewage disposal to the Yorkville Bristol Sanitary District ( "YBSD ") treatment facility located at 302 River Road, United City of Yorkville, Illinois. B. That the CITY system and YBSD treatment facility has or will have sufficient capacity to provide sanitary sewer service to the SUBJECT PROPERTY, such service to be substantially the same as provided to other areas in the CITY being provided with sanitary sewer by the CITY and YBSD consistent with IEPA permits. C. That the SUBJECT PROPERTY is partially within the Facility Planning Area (the "FPA ") of the YBSD and the CITY shall immediately take all actions necessary to cause any portion not presently within the FPA of the YBSD to be included in the FPA of the YBSD. D. The CITY shall cause what is commonly known as the Rob Roy Interceptor Sewer Project to be timely completed and extended from Rob Roy Creek to the SUBJECT PROPERTY by April, 2006 in order to provide sanitary sewer service to the SUBJECT PROPERTY and shall cause what is known as the "Westerly Trunk Line" to be extended to the Westerly boundary of the Southerly portion of the Conventional Residential Parcel by December 1, 2006. E. In order to assist the CITY in funding the cost of extending the Rob Roy Interceptor from Rob Roy Creek to the SUBJECT PROPERTY and through the SUBJECT CHOI/ 12439329.4 9 i i PROPERTY to the Commonwealth Edison right of way and in funding the cost of extending the Westerly Trunk Line to the westerly boundary of the Southerly portion of the Conventional Residential Park as provided herein, OWNER and DEVELOPER shall, at the request of the CITY enter into a "Sanitary Sewer Interceptor Funding Agreement" similar to the agreement recently entered into by the CITY, YBSD and several developers for the funding of the cost of building the Rob Roy Interceptor, whereby OWNER and/or DEVELOPER prepay the amounts due to the CITY under the CITY and YSBD Ordinance ($3,250 per acre Infrastructure Participation Fee due to YSBD and $2,000 per unit City Sewer Connection Fee) for the SUBJECT PROPERTY equal to its proportionate share (along with the shares of other benefiting developers) to service the bonds issued to pay for the costs of installing the interceptors referred to in this Section 6.E. F. Recognizing the current status of the construction and financing of the Rob Roy Interceptor Sewer and based on the multiple residential and commercial products to be constructed on the SUBJECT PROPERTY, the CITY shall permit OWNERS and DEVELOPER, subject to any other necessary governmental regulatory approval, and their duly authorized representatives, to install temporary waste water holding tanks to serve sales offices or similar temporary structures, model buildings as well as dwelling units and commercial buildings constructed on the SUBJECT PROPERTY or any parcel or phase thereof, provided that each such temporary tank shall be removed and disconnected and said structures shall be connected to the sewer or other permitted waste disposal systems, at OWNERS' and DEVELOPER's sole cost, at such time as sewer become available and operational. DEVELOPER shall cause the effluent within such wastewater holding tanks to be transported, from time to time, to a receptacle designated by the CITY within no more than five (5) miles from the perimeter of the SUBJECT CHOI/ 12439329.4 10 PROPERTY and approved by the applicable sanitary district, if required by any law or ordinance. 7. STREETS AND ROADS. A. Public and Private Streets. All streets within the SUBJECT PROPERTY shall be dedicated public streets, except for the streets within the Age Restricted Residential Parcel which shall be private and which shall be owned, maintained, repaired and snowplowed by the Homeowners Association(s), established by DEVELOPER for the Age Restricted Residential Parcel. All utilities within the private streets shall nonetheless be dedicated to the CITY. DEVELOPER and the CITY shall enter into a Traffic Enforcement Agreement authorized under Illinois Statutes whereby the CITY is given authority to enforce municipal traffic regulations on the private streets within the Age Restricted Residential Parcel. The CITY shall not be responsible for damage done to the private streets within the Age Restricted Residential Parcel during repairs and maintenance performed within utility easements. B. Perimeter Roadways. Subject to the applicable governmental laws, ordinances and regulations, those portions of the perimeter roadways to the Age Restricted Residential Parcel as depicted on Exhibit E shall be dedicated, constructed and/or bonded by DEVELOPER as it develops the Age Restricted Residential Parcel. As each of the Commercial Parcel and the Conventional Residential Parcel or any parcel thereof are platted and developed, the access onto Galena Road, Becker Road and Baseline Road and any improvements, required in connection with the access permits therefor shall be contained in the final engineering to be approved simultaneous with the approvals of the Final Plat of Subdivision for the parcels of the SUBJECT PROPERTY containing the accesses and shall be installed by DEVELOPER or OWNER of such parcels. The costs incurred in connection with any parcel shall be credited with the $2,000 per CHO1/ 12439329.4 11 unit Off -Site Road Fee otherwise payable to the CITY for such parcel and shall further be credited with the $1,000 per unit Kendall County Transportation Fee as to the access improvements installed on Galena Road, only. All other improvements to Galena Road, Beecher Road and Baseline Road required by the CITY shall be installed by the CITY at its own cost. Any improvements required to be installed on Route 47, other than those depicted on Exhibit E shall be installed by the Illinois Department of Transportation 8. SECURITY INSTRUMENTS. A. Posting Securitv. Each of OWNER and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds in the forms prescribed by the ordinances of the CITY ( "Security Instruments ") to guarantee completion and maintenance of the public improvements to be constructed as a part of the development of each Phase of Development within their respective parcels as are required by applicable ordinances of the CITY. The DEVELOPER or OWNER shall have the sole discretion, subject to compliance with Illinois law, as to whether an irrevocable letter of credit or surety bond will be used as the security instruments. The amount and duration of each Security Instrument shall be as required by applicable ordinances of the CITY. The City Council upon recommendation by the City Engineer, may from time to time approve a reduction or reductions in the Security Instruments by an amount not in excess of eighty -five percent (85 %) of the value certified by the City Engineer of the completed work, so long as the balance remaining in the Security Instruments is at least equal to one hundred ten percent (110 %) of the cost to complete the remaining public improvements for the applicable Phase of Development. If the DEVELOPER chooses to use a Special Service Area as a primary funding mechanism for the installation of public improvements, per United City of Yorkville's Resolution No. 2002 -04, the OWNERS and CHO1/ 12439329.4 12 DEVELOPER shall not be required to post any irrevocable letters of credit or surety bonds to guarantee the installation of those public improvements. Any public improvements installed by the OWNERS and DEVELOPER on their respective parcels as part of a special service area shall require OWNERS and DEVELOPER to post a one -year maintenance bond after acceptance by the CITY of said public improvements in an amount equal to 10% of the approved engineering's estimate of the costs. B. Acceptance of Underizround Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development on the Residential Parcel and the Commercial Parcel, respectively, and acceptance by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. The CITY shall exercise good faith and due diligence in accepting said public improvements following OWNERS' and DEVELOPER's completion thereof for each Phase of Development in compliance with the requirements of said ordinance, and shall adopt the resolution accepting said public improvements not later than thirty (30) days following the approval of the as -built plans. C. Transfer and Substitution. Upon the sale or transfer of any portion of their respective parcels within the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations for such portion secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. CHOU 12439329.4 13 9. PROCEDURE FOR ACCEPTANCE OF OTHER PUBLIC IMPROVEMENTS. Upon completion of other public improvements not constructed specific to any individual neighborhood (i.e., park areas, offsite water main, sewer mains, homeowners association open space areas) in each Phase of Development within their respective parcels, and acceptance thereof by the City Council upon recommendation by the City Engineer, OWNERS and DEVELOPER shall be entitled to a release or appropriate reduction of any applicable Security Instrument, subject to a maintenance Security Instrument remaining in place for a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. 10. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the Residential Parcel, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the CHOI/ 12439329.4 14 SUBJECT PROPERTY being classified as non - conforming under any ordinance of the CITY. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any superior governmental authority, such ordinance or regulation shall apply to the SUBJECT PROPERTY and be complied with by DEVELOPER, provided, however, that any so- called "grandfather" provision contained in such superior governmental mandate which would serve to exempt or delay implementation against the SUBJECT PROPERTY shall be given full force and effect. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the zoning, subdivision, development, construction of any improvements, buildings, appurtenances, or any other development of any kind or character upon the SUBJECT PROPERTY, other than those upon which site plan approval may be based, are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY's boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. CHOI/ 12439329.4 15 11. BUILDING CODE, BUILDING PERMITS. A. The building codes for the CITY in effect as of the date of this Agreement and the dates of the latest revisions thereto are listed in Exhibit G. These regulations as they presently exist, except as amended, varied, or modified by the terms of this Agreement, shall apply to the SUBJECT PROPERTY and its development for a period of five (5) years from the date of this Agreement. Any amendments, repeal, or additional regulations, which are subsequently enacted by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon the written consent of OWNERS and DEVELOPER during said five (5) year period. After said five (5) year period, the SUBJECT PROPERTY and its development will be subject to all ordinances, regulations, and codes of the CITY in existence on or adopted after the expiration of said five (5) year period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the building codes in order to comply with the new regulations. If, during the term of this Agreement, any existing, amended, modified or new ordinances, codes or regulations affecting the development and/or construction of any improvements, buildings, appurtenances upon the SUBJECT PROPERTY are amended or modified to impose less restrictive requirements on development or construction upon properties situated within the CITY'S boundaries, then the benefit of such less restrictive requirements shall inure to the benefit of the OWNERS and DEVELOPER, and anything to the contrary contained herein notwithstanding, the OWNERS and DEVELOPER may proceed with development or construction upon the SUBJECT PROPERTY pursuant to the less restrictive amendment or modification applicable generally to all properties within the CITY. CHOI/ 12439329.4 16 Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life /safety considerations adopted after the date of this Agreement which affects all land within the CITY, shall be applicable to the SUBJECT PROPERTY upon the expiration of the twelfth (12th) month following the effective date of such amendments, deletion, or addition, whether during the five (5) years next following the date of this Agreement, or any time thereafter, except as to those items expressly provided for in Exhibit G attached hereto. B. The CITY shall act upon each application for a building permit for which OWNERS and/or DEVELOPER, or their duly authorized representatives, shall apply, within fourteen (14) calendar days of the date of application therefor or within fourteen (14) calendar days of receipt of the last of the documents and information required to support such application, whichever is later, provided the applicable improvements for which the building permit applies will be constructed and installed in accordance with the applicable requirements of the CITY. If the application is disapproved, the CITY shall provide the applicant with a statement in writing specifying the reasons for denial of the application including a specification of the requirements of law that the applicant and supporting documents fail to meet. The CITY agrees to issue such building permits upon the compliance with those legal and documentary requirements so specified by the CITY. C. OWNERS and/or DEVELOPER shall have the right to submit master building blueprints or plans for the various types and designs and dwellings to be constructed on the SUBJECT PROPERTY. Following the approval of any master building blueprints or building plans, no further submission or approval of building blueprints or plans will be required for the issuance of a building permit for the construction of any building pursuant to an approved master CHOI/ 12439329.4 17 building blueprint or building plan unless the permit application reflects structural deviations or other major deviations from the approved master building blueprint or building plan. D. Subject to any other necessary governmental regulatory approval, the CITY shall permit OWNERS and/or DEVELOPER, and their duly authorized representatives, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or similar temporary structures, and model buildings constructed on the SUBJECT PROPERTY or any Parcel or Phase thereof, provided that each such temporary tank and temporary water facility shall be removed and disconnected within ten (10) days after said structures shall be connected to the sewer or other permitted waste disposal systems, and water mains, at OWNERS' and/or DEVELOPER's sole cost, subject to force majeure. The use of such temporary facilities shall be subject to all health and safety codes of the CITY and CITY shall inspect such facilities on a periodic basis. E. Subject to the provisions of Section 13 hereof, no permit fees, plan review fees or inspection fees which are not generally and uniformly applicable throughout the CITY shall be imposed by the CITY against the SUBJECT PROPERTY. 12. FINAL PLATS AND FINAL ENGINEERING. The CITY recognizes the development of the SUBJECT PROPERTY may occur in stages or units (sometimes referred to herein as "Phases ") over a period of time. Accordingly, the CITY grants permission to OWNERS and DEVELOPER to stage the development on their respective parcels over a period of twenty (20) years in length and to submit separate final plats and final engineering for approval for each Phase. The CITY shall approve any Final Plat of Subdivision for the Age Restricted Parcel or any Phase thereof which substantially conforms with the Preliminary PUD Plan and this Agreement. The CITY, OWNERS and DEVELOPER acknowledge and agree that CHOI/ 12439329.4 18 (i) the Conventional Residential Parcel and the Commercial Parcel will be Zoned as R -2 Single Family Residence District and as a B -3 Business District, respectively, upon Annexation without reference to the Concept Plan, (ii) the Concept Plan attached as Exhibit D is for illustrative purposes only and does not constitute a preliminary plat for such parcels and (iii) preliminary and final plats of subdivision and final engineering for the Conventional Residential Parcel and the Commercial Parcel or such Phases thereof as OWNER may desire to be developed shall be prepared by OWNER, processed by the CITY and shall be approved if they comply with the applicable Ordinances of the CITY, and this Annexation Agreement. The CITY shall act upon any preliminary plat, final plat and final engineering submitted to it for approval for the SUBJECT PROPERTY or any Phase thereof within a reasonable time of its receipt of such preliminary plat, final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration by the CITY shall not exceed the limitations set out in 65 ILCS 5/11 -12 -8 (2002). The CITY shall not require engineering to be submitted for any Phase of the SUBJECT PROPERTY that is not within the particular final plat for that, Phase or Unit being submitted for approval by OWNERS and /or DEVELOPER, provided, however, the CITY can require engineering for sewer, water, storm water lines and utilities that cross undeveloped Parcels and/or Phases. 13. FEES AND CHARGES. A. During the first five (5) years following the date of this Agreement, the CITY shall impose upon and collect from the OWNERS and/or DEVELOPER, and their respective contractors and suppliers, only those permit, license, tap -on and connection fees and charges, and impact fees and in such amount or at such rate, as are in effect on the date of this Agreement and as are generally applied throughout the CITY, except as otherwise expressly provided for in this CHOI/ 12439329.4 19 agreement on the Fee Schedule attached hereto and made a part hereof as Exhibit H. At the expiration of this five (5) year term, the CITY shall give the OWNERS and DEVELOPER a one (1) year grace period from the date they are notified of any changes to the permit, license, tap on and connection fees and charges in order to comply with the new regulations, but no increased impact fees or new impact fees shall apply to the SUBJECT PROPERTY. B. To the extent that any fees charged by the CITY or other governmental agency by reason of this Agreement or City Ordinance are not frozen by the specific terms contained in this Agreement, such fees may be prepaid as follows: (i) If the CITY increases any fees that are not prohibited from being increased by the terms of this Agreement and are applicable to the SUBJECT PROPERTY, the CITY- will provide OWNERS and DEVELOPER with notice thereof and OWNERS and/or DEVELOPER will be permitted the right to prepay the fees as they existed prior to such increase at any time within thirty (30) days after receipt of the notice of the increase of the fees from the CITY. No increase in fees shall be effective against the SUBJECT PROPERTY until thirty (30) days after receipt of notice by OWNERS and DEVELOPER. (ii) OWNERS' and DEVELOPER's right to prepay will apply to all fees or only certain fees applicable to their respective parcels within the SUBJECT PROPERTY as selected by OWNERS and/or DEVELOPER and prepayment of a particular fee will prevent the increase in such fee from being applicable to that portion of the SUBJECT PROPERTY for which such fee was prepaid. For fees charged on a per residential unit basis, DEVELOPER may estimate the number of residential units and pay such fees based on such estimated number of units or CHOI/ 12439329.4 20 may prepay for only a certain number (determined by DEVELOPER) of units. Once the calculation is made, no refund of any portion of any prepayment made will be allowed. C. The CITY represents and warrants to OWNERS and DEVELOPER that no part of the SUBJECT PROPERTY is currently subject to nor is there pending any request to subject any part of the SUBJECT PROPERTY to any special service area or special assessment district that will result in any special taxes or assessments for any portion of the SUBJECT PROPERTY, other than charges to existing drainage districts of record, if any. 14. CONTRIBUTIONS. The CITY shall not require the OWNERS and DEVELOPER to donate any land or money to the CITY, or any other governmental body, except as otherwise expressly provided in this Agreement. 15. SCHOOL AND PARK DONATIONS. DEVELOPER shall be responsible for making the contributions outlined in Exhibit I and Exhibit J to the Yorkville Community School District #115 ( "School District "), the City of Yorkville Park Department ( "Park Department ") and the CITY for the estimated impact and donation that is projected to be experienced by said entities as a result of the development of the Residential Parcel in the manner provided for under this Agreement. There shall be no school contribution required for the Age- Restricted Residential Parcel except as OWNER and/or DEVELOPER may voluntarily agree to with District 115 in the sole determination of OWNER and/or DEVELOPER and there shall be no other school and park contributions required for the Residential Parcels, except as set forth in Exhibits I and J. There shall be no school or park contributions required or made for the Commercial Parcel. For purposes of making any donations for Parks Department for the Age - Restricted Parcel, the formula utilized by the CITY establishing the amount of the CHOI/ 12439329.4 21 contribution on the basis of expected population to be generated by a development shall be revised to attribute a population of 1.8 adult persons per dwelling unit in order to arrive at a donation for each dwelling unit within the Age Restricted Residential Parcel. All land/cash donations for Parks from the Age Restricted Residential Parcel shall be used by the CITY solely for facilities that benefit senior citizens. The figure of 1.8 adult persons per dwelling unit shall also be substituted in any other formulas utilized for the CITY for donations based on expected population. 16. PROJECT SIGNS. Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the Residential Parcel, DEVELOPER shall be entitled to construct, maintain and utilize off -site subdivision identification, marketing and location signs at not more than three (3) locations each for the Age Restricted and Conventional Residential Parcels at any time within the corporate limits of the CITY as DEVELOPER may designate (individually an "Off -site Sign" and collectively the "Off -site Signs ") subject to sign permit review and issuance by the CITY. Off -site Signs will not be located on public right -of -way. DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Off -site Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Off -site Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the Residential Parcel as identified in Exhibit K attached hereto. 17. MODEL HOMES, PRODUCTION UNITS AND SALES TRAILERS. During the development and build out period of the Residential Parcel (subsequent to final plat approval), OWNERS and DEVELOPER, and such other persons or entities as OWNERS and DEVELOPER may authorize, may construct, operate and maintain model homes and sales CHOI/ 12439329.4 22 trailers within the Residential Parcel staffed with OWNERS' and DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales offices. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by DEVELOPER. Off - street parking shall be required for model homes when more than five (5) model homes are constructed on consecutive lots in a model home row. Three (3) off - street spaces will be required for each model home in a model home row, with combined required parking not to exceed thirty (30) off - street spaces. A site plan showing the location of the parking areas and walks will be submitted for review and approval by the CITY. No off - street parking shall be required for individual model homes or sales trailers that are not part of a model home row other than the driveway for such model home /sales trailer capable of parking two (2) cars outside of the adjacent road right -of -way. Building permits for model homes, sales trailers and for up to fifteen (15) production dwelling units for each neighborhood, which may be hereinafter designated by DEVELOPER as a separate neighborhood at the time a final plat for all or any part of that neighborhood is submitted by DEVELOPER to the CITY, shall be issued by the CITY upon proper application thereof prior to the installation of public improvements (provided a gravel access road is provided for emergency vehicles and upon submission of a temporary hold harmless letter to the CITY and the Bristol- Kendall Fire Protection District). A final inspection shall be conducted prior to the use of a model home and water service shall be made available within 300' of the model home. There shall be no occupation or use of any model homes or production dwelling units until the binder course of asphalt is on the street, and no occupation or use of any production dwelling units until the water system and sanitary sewer system needed to service such dwelling unit are installed CHOI/ 12439329.4 23 and operational or until temporary service is available, whichever is earlier. Use of models as a model unit only shall not be deemed to be "occupancy" thereof and may be made prior to connection -to a sanitary sewer or water system, so long as temporary waste water holding tanks and temporary water facilities are installed to serve them. DEVELOPER may locate temporary sales and construction trailers upon the Residential Parcel during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of building permits for all units within the Residential Parcel. A building permit will be required by the CITY for any trailer that will be utilized as office space. Prior to construction of the sales trailer the DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the CITY's approval. DEVELOPER hereby agrees to indemnify, defend and hold harmless the CITY and the Corporate Authorities (collectively "Indemnities ") from all claims, liabilities, costs and expenses incurred by or brought against all or any of the Indemnities as a direct and proximate result of the construction of any model homes or production dwelling units prior to the installation of the public street and water improvements required to service such dwelling unit and shall execute and deliver to the CITY a hold harmless and indemnification agreement in form and content reasonably satisfactory to the CITY, so providing, prior to the commencement of construction of any model homes. DEVELOPER shall be permitted to obtain building permits in the same manner for additional model homes and for initial production dwelling units in each neighborhood as the Final Plat and Final Engineering for each such neighborhood is approved by the CITY. The foregoing indemnification provision shall, in such case, apply for the benefit of Indemnities for each neighborhood. CHOI/ 12439329.4 24 18. CONTRACTORS' TRAILERS. The CITY agrees that from and after the date of execution of this Agreement, contractor's and subcontractor's supply storage trailers may be placed upon such part or parts of the SUBJECT PROPERTY as required and approved by OWNERS and DEVELOPER for development purposes. Said trailers shall be removed from each of the Residential Parcel and the Commercial Parcel, respectively, within thirty (30) days after issuance of the last occupancy permit for each such Parcel, subject to force majeure. A building permit will be required by the CITY for any trailer that will be utilized as office space. All contractor's trailers and supply trailers shall be kept in good working order and the area will be kept clean and free of debris. No contractor's trailers or supply trailers will be located within dedicated right -of -way. 19. CERTIFICATES OF OCCUPANCY. A. The CITY shall issue certificates of occupancy for buildings and dwelling units constructed on the SUBJECT PROPERTY or any parcel or phase thereof within five (5) working days after proper application therefor or within five (5) working days after the receipt of the last of the documents or information required to support such application, whichever is later. If the application is disapproved, the CITY shall provide the applicant within five (5) working days after receipt of the application and all documentation or information required to support such application, with a statement in writing of the reasons for denial of the application including specification of the requirements of law which the application and supporting documents fail to meet. The CITY agrees to issue such certificates of occupancy upon the applicant's compliance with those requirements of law so specified by the CITY. The CITY, at its expense, shall retain the services of such consultants and/or hire such employees as may be necessary to ensure that the CITY is able to fulfill its obligations under this Subsection. The foregoing, however, shall CHOI/ 12439329.4 25 not negate the obligation of OWNERS and/or DEVELOPER to pay all fees otherwise payable for services rendered in connection with the issuance of certificates of occupancy under applicable CITY ordinances. B. Notwithstanding the foregoing, certificates of occupancy shall be issued by the CITY for buildings and dwelling units whose driveway and/or sidewalk paving and grading improvements have not been completely finished due to adverse weather conditions subject to the following understandings: (i) if a certificate of occupancy is issued for such a building or dwelling unit and a party fails to complete the driveway and/or sidewalk paving or grading improvements for such building or dwelling unit as soon as weather permits but in any event by the following summer, the CITY shall have the right to withhold the issuance of further building permits to such party until such exterior work has been completed; (ii) with respect to the last phase of development on the SUBJECT PROPERTY, for any building or dwelling unit for which a certificate of occupancy has been issued with incomplete exterior conditions, adequate security, which may be by a bulk surety in the form of a letter of credit or surety bond, shall be posted with the CITY to ensure the completion of such work; and (iii) the CITY is hereby granted rights of access to the applicable phase of the SUBJECT PROPERTY so that, if necessary, the CITY can complete such work. Notwithstanding the foregoing, if the provisions of (i) above apply but if the party that failed to complete the driveway and/or sidewalk paving or grading improvements posts Security with the CITY in the amount of one hundred ten percent (110 %) of the amount estimated by OWNERS and/or DEVELOPER and approved by the CITY to be needed to complete such improvements or to effect such corrections, the CITY shall not withhold the issuance of such building permits or certificates of occupancy. Under no circumstances shall the failure of Commonwealth Edison or another utility company to energize CHOI/ 12439329.4 26 street lights installed by OWNERS and/or DEVELOPER within a given Phase of development on the SUBJECT PROPERTY constitute a basis for the CITY denying the issuance of building permits or a certificate of occupancy for buildings and dwelling units constructed or to be constructed within such Phase of the SUBJECT PROPERTY. 20. IMPROVEMENTS BENEFITING OTHER PROPERTIES. In the event oversizing and/or deepening of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the SUBJECT PROPERTY, or in the event any public improvements installed by DEVELOPER or OWNERS benefit property other than this SUBJECT PROPERTY, even if not oversized or deepened, the CITY shall enter into a Recapture Agreement, as defined in Section 24(A) hereof, with OWNERS and DEVELOPER providing for the payment of the cost of such oversizing or the prorata portion of the costs of any improvements benefiting the properties by the owners of properties benefited by the same. The improvements which qualify as oversized or as benefiting other properties and the identity of the benefited properties (by location map and/or permanent index number) shall be identified at the time of approval of Final Engineering for each phase of development. A phase may include more than one neighborhood. 21. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted in Chapter 65, Section 5/11 -12 -8 of the Illinois Compiled Statutes (2002) ed., shall the CITY require that any part of the SUBJECT PROPERTY be dedicated for public purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plan. 22. REOUEST FOR ESTABLISHMENT OF SPECIAL SERVICE AREA OR ALTERNATIVE FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS BENEFITING CONVENTIONAL RESIDENTIAL PARCEL. CHOI/ 12439329.4 27 OWNERS' and/or DEVELOPER may request the CITY to establish a special service area ( "SSA ") or an alternative funding mechanism involving the issuance of municipal bonds by the CITY to be utilized for funding the installation of on -site and off -site public improvements as may benefit the Conventional Residential Parcel, including, without limitation, potable water, fire flow and/or water storage facilities, roads, storm water facilities (i.e., storm water sewers, collection and conveyance improvements, detention ponds if they benefit off -site properties), sanitary sewer facilities and other public improvements. If the CITY, in the exercise of its reasonable judgment, determines that the request of OWNERS and/or DEVELOPER is consistent with the guidelines of policies of the CITY, CITY, OWNERS and/or DEVELOPER shall cooperate in good faith to identify and agree on an appropriate structure for the financing, which may be authorized and implemented under other legal frameworks acceptable to the CITY, OWNERS and/or DEVELOPER. The burden of any assessment resulting therefrom is limited to and shall be paid by only those future property owners within the Conventional Residential Parcel and not within the Commercial Parcel or the Age- Restricted Residential Parcel. 23. BANK OUALIFIED DEBT. The parties recognize that the CITY is eligible to issue Ten Million Dollars ($10,000,000.00) per year in bank qualified debt. The CITY wants to preserve the right to issue debt in excess of this amount. The parties understand that if the CITY issues debt in an amount greater than $10,000,000 ( "Non -Bank Debt ") in a given year including special assessment bonds, then the Non -Bank Debt will be subject to a general market interest rate as opposed to a bank qualified interest rate. The parties further understand that the general market interest rate may be higher than the bank qualified interest rate. CHOI/ 12439329.4 28 DEVELOPER agrees that in the event that the CITY agrees to establishment of a Special Service Area and if the bonds issued therefore and the CITY in that same calendar year determines in its sole discretion that it must issue Non -Bank Debt because of the issuance of the Bonds, then DEVELOPER shall pay any additional costs associated with the CITY's Non -Bank Debt that results from the issuance of the Bonds, including but not limited to additional financing costs. If in the same calendar year the CITY issues special assessment bonds for another developer, DEVELOPER shall pay its pro -rata share of the additional costs incurred by the CITY to issue Non -Bank Debt based on the amount of its bond issue in proportion to the total amount of special assessment bonds issued in that calendar year. This pro -rata share shall be determined at the end of the calendar year in which the Non -Bank Debt is issued by the CITY. Payment of the share shall be a one time payment and shall be equal to the present value of the additional cost incurred by the CITY calculated by using the true interest rate on the CITY's Non -Bank Bonds. For purposes of calculating the additional cost incurred by the CITY, the general market interest rate and bank qualified interest rate shall be as reported by Griffin, Kubik, Stephens & Thompson, Inc. ( "GKST "), 300 Sears Tower, 233 South Wacker Drive, Chicago, IL 60606, or as otherwise agreed by the parties. These rates shall be determined as of the date that the Non -Bank Debt is issued by the CITY. As of the date of this Agreement, GKST reports the current general market interest rates and bank qualified interest rates on its web site located at www.gkst.com under the section entitled "Market Card." 24. RECAPTURE AGREEMENTS. A. Benefiting the SUBJECT PROPERTY. The CITY agrees that in accordance with Chapter 65, Section 5/9 -5 -1 et. seq. of the Illinois Compiled Statutes, 2002 Edition, the CITY shall enter into recapture agreements with the OWNERS and DEVELOPER for a portion of the CHOI/ 12439329.4 29 costs of certain public improvements constructed by OWNERS and DEVELOPER which the CITY has determined may be used for the benefit of property ( "Benefited Properties ") not located within the SUBJECT PROPERTY which will connect to and/or utilize said public improvements. B. Encumberine the SUBJECT PROPERTY. CITY warrants there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors, upon connection of the SUBJECT PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will affect the SUBJECT PROPERTY. 25. COMMENCEMENT OF IMPROVEMENTS. A. The CITY shall issue permits to OWNERS and /or DEVELOPER to authorize the commencement of construction of utility improvements on their respective parcels on the SUBJECT PROPERTY or any Parcel or Phase thereof at the sole risk and cost of OWNERS and/or DEVELOPER prior to: (i) approval of a final plat of subdivision; or (ii) construction of the CITY utility improvements, provided: (1) such construction is undertaken at the risk of the party seeking to undertake such work; (2) approved engineering plans for such improvements have been approved by the CITY that are sufficient in detail for the CITY to determine the nature and scope of the improvements being constructed; (3) the preliminary subdivision plat for the Phase upon which the improvements are being constructed has been approved by the CITY; (4) the IEPA and the sanitary district that will serve their respective parcels of the SUBJECT PROPERTY, as and if applicable, have issued permits for the construction of sanitary sewer and CH01/ 12439329.4 30 water lines for the Phase on which the improvements are being constructed. The CITY agrees to review and, where appropriate, execute IEPA sewer and water permit applications separate and apart from the review of final engineering plans so that the IEPA will be in a position to issue such permits prior to CITY approval of final engineering plans; and (5) the construction complies with the CITY'S then existing soil erosion ordinances. OWNERS and DEVELOPER shall indemnify the CITY against any claims, actions or losses the CITY may suffer, sustain or incur because another governmental agency takes action against the CITY after OWNERS and/or DEVELOPER undertake development activities on either of their respective parcels pursuant to the provisions of this Subsection 23(A). B. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of mass earthwork and grading on their respective parcels of the SUBJECT PROPERTY or any Parcel or Phase thereof prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that OWNERS and/or DEVELOPER has submitted mass grading and erosion control plans to the CITY at least thirty (30) days prior to the commencement of such mass earthwork and grading and complies with the erosion control ordinance of the CITY. C. The CITY shall issue permits to OWNERS and/or DEVELOPER to authorize the commencement of construction and installation of building foundations on the Residential Parcel prior to acceptance of a final plat of subdivision and final engineering by the CITY, provided, that DEVELOPER have provided for all- weather access to such Lots on which building foundations are being constructed and installed, in the form of aggregate driveways. Any such installation of foundations prior to acceptance of a final plat of subdivision and final engineering by the CITY shall be at DEVELOPER'S sole risk. Issuance of building permits by the CITY CHOI/ 12439329.4 31 pursuant to this Section shall not be deemed to guaranty the approval by the CITY of any final plat or engineering for the SUBJECT PROPERTY then under review. D. Notwithstanding the foregoing, the SUBJECT PROPERTY or any portion thereof may continue to be used for agricultural uses as interim uses until the relevant portion of the SUBJECT PROPERTY is actually developed. Such uses shall constitute legal, non - conforming uses of the SUBJECT PROPERTY. 26. COVENANTS. In lieu of any architectural control ordinances adopted by the CITY, the DEVELOPER agrees to impose covenants, conditions and restrictions relating to fagade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit of the Residential Parcel. Further, DEVELOPER agrees to follow the anti - monotony policy of DEVELOPER for single - family detached homes attached hereto as Exhibit N regarding the exterior elevations of the buildings. DEVELOPER shall include provisions in the covenants to provide that the Homeowners Association shall be responsible for the maintenance of landscaping within the perimeter landscaping easements, signage provided on the Residential Parcel, and other obligations as determined at the time of final platting and as referenced in this Agreement. 27. HOMEOWNERS ASSOCIATIONS AND DORMANT SPECIAL SERVICE AREAS (DSSA). A. Homeowners Associations. DEVELOPER shall establish through separate declarations of covenants, conditions and restrictions for each of the Conventional Residential Parcel and the Age- Restricted Residential Parcel, a Homeowner's Association ( "Association ") of all lot owners within each of the Conventional Residential Parcel and the Age- Restricted Residential Parcel and a mandatory membership of all lot owners in the Association for each of CHOI/ 12439329.4 32 the Residential Parcels. The Associations shall have the primary responsibility and duty to carry out and pay for the maintenance of Common Facilities (defined below) through assessments levied against all dwelling units within each of the Residential Parcels. A maintenance easement shall be established over all of the Common Facilities located on the final plat for each Phase of Development for the Association that undertakes responsibility for the Common Facilities Maintenance. The Association for each of the Residential Parcels will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and other open spaces within such Residential Parcel and for the yards and buildings on the private lots on which townhomes are constructed. The maintenance described herein shall include, without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and for the maintenance and repair of duplex units on the duplex lots and shall utilize each Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements and shall otherwise comply with the CITY's Property Maintenance Standards and Landscape Ordinance. The Common Facilities for the PUD Age - Restricted Residential Parcel are depicted on Exhibit M attached hereto. B. Dormant Special Service Areas. DEVELOPER agrees to the CITY enacting at the time of final plat approvals a separate Dormant Special Service Area (DSSA) for each of the Conventional Residential Parcel and the Age- Restricted Residential Parcel to act as a back up in the event that any Homeowner's Association within a Residential Parcel fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage. CHOI/ 12439329.4 33 28. ON -SITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS or DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of their obligation for their respective parcels of the SUBJECT PROPERTY in accordance with the Preliminary Plan, the CITY shall fully cooperate with OWNERS and DEVELOPER in causing the vacation and relocation of such existing easements and/or utilities, however, all costs incurred in furtherance thereof shall be borne by the OWNERS and DEVELOPER. If any easement granted to the CITY as a part of the development of the SUBJECT PROPERTY is subsequently determined to be in error or located in a manner inconsistent with the intended development of the SUBJECT PROPERTY as reflected on the Preliminary Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS or DEVELOPER, of each such Parcel as the case may be. Notwithstanding the foregoing, and as a condition precedent to any vacation of easement, OWNERS and DEVELOPER shall pay for the cost of design and relocation of any such easement and the public utilities located on their respective parcels unless the relocation involves overhead utilities. If any existing overhead utilities are required to be relocated or buried on perimeter roads that are the responsibility of the OWNERS and/or DEVELOPER, the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNERS and/or DEVELOPER's request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the OWNERS and/or DEVELOPER associated with burying what had been overhead utility lines, the OWNERS and/or DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re- located overhead. The costs of burying any CHOI/ 12439329.4 34 existing overhead utility lines which are on the Residential Parcel or the Commercial Parcel shall be paid by OWNERS and/or DEVELOPER of each such Parcel, as the case may be. The costs of burying any other existing overhead utility lines shall be paid by the CITY. 29. CURB CUTS FOR COMMERCIAL PARCEL. The CITY agrees to cooperate with OWNERS in an effort to procure and execute permits from the appropriate governmental agencies with jurisdiction to allow the construction of a minimum of one (1) full curb cut on Galena Road and two (2) curb cuts (one full and one right and right -out) on Route 47 for the Commercial Parcel. The location of the curb cuts will be determined by OWNERS and/or DEVELOPER, subject to the approval of the CITY and any other governmental agencies with jurisdiction. 30. DISCONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a development in accordance with the final plat and final engineering approved by the CITY in accordance with the terms hereof, and shall not, as either the OWNERS or DEVELOPER of said property, petition to disconnect any portion or all of said property from the CITY or from any service provided by the CITY. 31. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 32. ECONOMIC INCENTIVE AGREEMENT. At the request of OWNER and/or DEVELOPER, CITY shall enter into an Economic Incentive Agreement pursuant to 65 ILCS 5/8/11/20 and shall enter at all ordinances and execute all other agreements in connection therewith which may be necessary to reimburse OWNER/DEVELOPER or its assigns for the design and installation of those public improvements (the "Commercial Project CHO1/ 12439329.4 35 Improvements ") within or abutting the Commercial Parcel which (i) are directly attributable to the Commercial Parcel and (ii) do not qualify to be funded by the special service area established for the Conventional Residential Parcel under the provisions of paragraph 22 of this Annexation Agreement. The terms of the Economic Incentive Agreement shall contain the following provisions: (i) The costs of the Commercial Project Improvements (the "Project Improvement Costs ") for which OWNER/DEVELOPER or its assigns shall be reimbursed shall include costs of design and engineering, land dedication, construction interest paid during construction, permit fees, inspection fees, insurance premiums and bonds and amounts paid to contractors, subcontractors and suppliers for labor, material, and equipment used in constructing and installing the Commercial Project Improvements which shall not exceed an amount to be reasonably agreed upon between the OWNER/DEVELOPER and the CITY at the time the first final plat of subdivision for the Commercial Parcel is submitted to the CITY for approval. (ii) The amount for which OWNER/DEVELOPER and their assigns may be reimbursed (the "Reimbursement Amount ") shall consist of the Project Improvement Costs plus interest at the rate of 5% per annum from the date any Project Improvement Cost is expended (as evidenced by contractor's sworn statements and waivers) to the date of reimbursement. (iii) The commencement date for reimbursement shall be the date of issuance of a certificate of occupancy for the operation of the first retail store operating on the Commercial Property. The termination date after which time the CITY shall no CHOI/ 12439329.4 36 longer be required to make any reimbursement payments to OWNER/DEVELOPER or its assigns shall be 15 years after the date of this Annexation Agreement provided that OWNER/DEVELOPER or its assigns must start construction (i.e. obtaining development permits and grading the Commercial Site) within two years after the date of this Annexation Agreement. If event construction does not start within said two year period, the termination date shall be accelerated by one day for each day the commencement date is delayed after such two year period. (iv) During the reimbursement period the CITY shall pay to OWNER/DEVELOPER or its assigns one -half of any taxes imposed by the State of Illinois as a retailer's occupation tax or a retailer's service occupation tax or any other sales tax or successor tax which may be enacted by the State of Illinois as replacement thereto that are generated by the operation of any retail stores operating on the Commercial Parcel and are distributed to the CITY by the Illinois Department of Revenue. Such payments shall be made until the first to occur of the following: (a) OWNER/DEVELOPER has been fully reimbursed for the Reimbursement Amount (including interest); (b) the termination date of the Economic Incentive Agreement. Thereafter the CITY shall have no further obligation to make any payments under this Agreement to OWNER/DEVELOPER or their assigns. 33. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by OWNERS and DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the SUBJECT PROPERTY, including, but not limited to those required from the Illinois Environmental Protection Agency, CHOI/ 12439329.4 37 the Army Corps of Engineers, the Federal Emergency Management Agency, the United States Environmental Protection Agency, IDOT, Kendall County Highway Department, the Illinois Department of Natural Resources, Bristol Township, the United City of Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNERS and/or DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the SUBJECT PROPERTY or any Phase thereof. DEVELOPER may proceed with grading and installation of public improvements after CITY's approval of final engineering or other documentation called for hereunder and with the construction of homes prior to the issuance of access permits or other permits required for the development by Illinois Department of Transportation ( "IDOT ") or Kendall County Highway Department, so long as such access permits have been applied for, and the CITY shall not delay the processing or approval of such engineering or documentation or the issuance of building permits for the reason that IDOT or Kendall County Highway Department permit(s) have not yet been issued. 34. ADDRESSES. Within fourteen (14) days after the final plat of subdivision for any phase of the Residential Parcel is approved, CITY will provide DEVELOPER with the addresses of all lots within that phase for the purpose of expediting the process of obtaining utility installations by the applicable utility company or companies. 35. SUBSEOUENT AMENDMENTS. It is understood and agreed that subsequent amendments of this Agreement, may be obtained solely by the owner of any portion or Phase of the SUBJECT PROPERTY and the CITY as to such portion or Phase without any action or CHOI/ 12439329.4 38 approval of the owners of other portions of the SUBJECT PROPERTY if such amendments do not affect the rights, duties or obligations of the owners of the balance of the SUBJECT PROPERTY not included in the aforedescribed amendments without any action or approval of the owners of other portions of the SUBJECT PROPERTY. Rezoning or an amendment of the Planned Development may be applied for and processed by the CITY without requiring an amendment of this Agreement. 36. "RIGHT TO FARM" LANGUAGE. The OWNERS and/or DEVELOPER of the property acknowledges that Kendall County has a long, rich tradition in agriculture and respects the role that farming continues to play in shaping the economic viability of the county (zoning indicator A -1 or Ag Special Use), normal agricultural practices may result in occasional smells, dust, sights, noise and unique hours of operation that are not typical in other zoning areas. The OWNERS and/or DEVELOPER of the property agree to incorporate the "Right to Farm" language on the Final Plat of Subdivision and incorporate similar language within such other documents governing the subdivision if any property adjacent thereto is used or operated as a farm. 37. RESPONSIBILITIES OF OWNER AND DEVELOPER. The OWNERS shall not be required to perform any of the obligations under this Agreement so long as OWNERS are passive title holders in the SUBJECT PROPERTY and do not act as a developer. Upon the transfer of OWNER's rights, title or interest in the Residential Parcel or any portion thereof to DEVELOPER, the covenants and obligations of OWNERS and DEVELOPER hereunder as to such portion shall be performed by DEVELOPER. Upon the transfer of OWNERS' rights, title and interest in the Commercial Parcel or any portion thereof to the COMMERCIAL DEVELOPER, then the obligations of OWNERS hereunder as to such portion shall be CHO1/ 12439329.4 39 performed by the COMMERCIAL DEVELOPER. Until such time as any portion of the Residential Parcel or the Commercial Parcel is transferred to DEVELOPER or the COMMERCIAL DEVELOPER, the obligations hereunder as to such portion shall not be required to be performed by DEVELOPER or COMMERCIAL DEVELOPER, as the case may be. The CITY agrees that the OWNERS and DEVELOPER are exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein as to any phase of the SUBJECT PROPERTY for which they do not act as developer and that the CITY will look solely to the party who develops such phase for such performance. 38. OWNER'S CONTINUED OPERATIONS. OWNER shall be permitted to continue an agricultural use upon all or any part of the SUBJECT PROPERTY until each such part is developed pursuant to this Agreement. 39. GENERAL PROVISIONS. A. Enforcement. This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties or their successors or assigns by an appropriate action at law or in equity to secure the performance of the covenants and agreements contained herein, including the specific performance of this Agreement. This Agreement shall be governed by the laws of the State of Illinois. B. Successors and Assians. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The obligations of OWNERS hereunder with respect to the Commercial Parcel shall be i - CHOI/ 12439329.4 40 binding on and inure to the benefit of any COMMERCIAL DEVELOPER of the Commercial Parcel. The foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit in the Residential Parcel who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. C. All Terms and Conditions Contained Herein. This Agreement contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: If to OWNER: MPLIV 10, LLC c/o Marquette Land Investments, L.L.C. 40W960 Stone Ridge Lane Elgin, Illinois 60123 Attn: Darren Sloniger Tele: (630) 263 -8007 Fax No.: (847) 464 -1581 CHOI / 12439329.4 41 and MPLIV 20, LLC c/o Marquette Land Investments, L.L.C. 40W960 Stone Ridge Lane Elgin, Illinois 60123 Attn: Darren Sloniger Tele: (630) 263 -8007 Fax No.: (847) 464 -1581 MLH Yorkville, LLC c/o Marquette Land Investments, L.L.C. 40W960 Stone Ridge Lane Elgin, Illinois 60123 Attn: Darren Sloniger Tele: (630) 263 -8007 Fax No.: (847) 464 -1581 and copy to: Donna J. Pugh, Esq. Chair Land Use Group Vedder Price Kaufman & Kammholz, P.C. 222 N. LaSalle Street Chicago, IL 60601 -1003 Tele: 312- 609 -5005 Fax: 312 - 609 -7609 If to DEVELOPER: Pulte Home Corporation 2250 Point Boulevard Suite 401 Elgin, IL 60123 Attn: Brian Brunhofer Tele: (847) 841 -3500 Fax: (847) 783 -0892 with a copy to: Gardner Carton & Douglas LLP 191 North Wacker Drive Suite 3700 Chicago, IL 60606 -1698 Attn: Charles L. Byrum Tele: (312) 569 -1222 Fax: (312) 569 -3222 CHOI/ 12439329.4 42 If to CITY: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: City Clerk Tele: (630) 553 -4350 Fax: (630) 553 -7575 with a copy to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Attn: John Wyeth, Esq. Attorney for United City of Yorkville Tele: (630) 553 -4350 Fax: (630) 553 -8330 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11- 15.1 -1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions CHOI/ 12439329.4 43 applying exclusively thereto, without the consent of the owner of other portions of the SUBJECT PROPERTY not effected by such Agreement. G. Conveyances. Nothing contained in this Agreement shall be construed to restrict or limit the right of the OWNERS and DEVELOPER to sell or convey all or any portion of the SUBJECT PROPERTY, whether improved or unimproved. H. Necessary Ordinances and Resolutions. The CITY shall pass all ordinances and resolutions necessary to permit the OWNERS and DEVELOPER, and their successors or assigns, to develop the SUBJECT PROPERTY in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. The CITY agrees to authorize the Mayor and City Clerk to execute this Agreement or to correct any technical defects which may arise after the execution of this Agreement. I. Term of Agreement. The term of this Agreement shall be twenty (20) years from the date of execution of this Agreement. In the event construction is commenced within said twenty -year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Captions and Para2ranh Headinias. The captions and paragraph headings used herein are for convenience only and shall not be used in construing any term or provision of this Agreement. K. Recording. This Agreement shall be recorded in the Office of the Recorder of Deeds, Kendall County, Illinois, at DEVELOPER' s expense. L. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement, and the exhibits attached hereto, are incorporated herein by this reference and shall constitute substantive provisions of this Agreement. CHOI/ 12439329.4 44 M. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same document. N. No Moratorium. The CITY shall not limit the number of building or other permits that may be applied for within any approved phase due to any CITY imposed moratorium and shall in no event unreasonably withhold approval of said permits or approval for the final plat of any Phase of the subdivision. Nothing contained herein shall affect any limitations imposed as to sanitary sewer or water main extensions by the Illinois Environmental Protection Agency, Yorkville - Bristol Sanitary District, or any other governmental agency that preempts the authority of the United City of Yorkville. O. Time is of the Essence. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto as well as all covenants contained in this Agreement shall be performed in a timely manner by all parties hereto. P. Legal Challenges. If for any reason and at any time, the annexation of the SUBJECT PROPERTY to the CITY is legally challenged by any person or entity by an action at law or in equity, the CITY shall: (i) cooperate with OWNERS and/or DEVELOPERS in the vigorous defense of such action through all proceedings, including any appeals; and (ii) take such other actions as may then or thereafter be possible pursuant to the Illinois Municipal Code to annex the SUBJECT PROPERTY and/or other properties to the CITY so that the annexation of the SUBJECT PROPERTY to the CITY can be sustained and/or effected. Q. Maior and Minor Modifications. Any modification to any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY CH01/ 12439329.4 45 Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor modifications so long as such modifications do not change the essential character of the preliminary or final plats of subdivision or engineering plans or increase the total number of dwelling units allowed on the SUBJECT PROPERTY. Any revisions to a preliminary or final plat of subdivision or engineering plan, which if determined by the CITY to be major modifications, shall require review by the CITY's Planning Commission and approval by the CITY Council. In no event shall such major modification require an amendment to this AGREEMENT. R. Exculpation. It is agreed that the CITY is not liable or responsible for any restrictions on the CITY's obligations under this Agreement that may be required or imposed by any other governmental bodies or agencies having jurisdiction over the SUBJECT PROPERTY, the CITY, the DEVELOPER and OWNERS, including, but not limited to, county, state or federal regulatory bodies. S. Effectiveness. This Agreement shall be subject to and shall take effect after the consummation of the transaction between OWNERS and DEVELOPER for the sale of any portion of the Residential Parcel by OWNERS to DEVELOPER. {SIGNATURE PAGES TO FOLLOW) CH01/ 12439329.4 46 IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: MPLIV 10, LLC By. Name• J Its: MPLIV 20, LLC B y: Nam J Its: � MLM YORKVILLE, LLC By ,1 � - r a Name: � �y �- J ��.-v y. Its:�L,�„,� CHO1/ 12439329.4 47 DEVELOPER: PULTE HOME CORPORATIO By: Name: J cDr—=� Its: V P and By: / -7� Name: To o,o j.3, ,,,few, Its: VP Z,4--, 0 CITY UNITED CITY OF YORKVILLE, an Illinois municipal corporation By:�f Name: ov I" , �Mc'�Cg6 6c, c''J , Its: Attest: Name:T Its: ��'il��' 7 Cl ev- L J �, �►. c F1'� f7'� CHOI/ 12439329.4 48 LIST OF EXHIBITS EXHIBIT A -1 Legal Descriptions and Plat of Annexation of SUBJECT PROPERTY (Area South of Commonwealth Edison Lines) EXHIBIT A -2 Legal Descriptions and Plat of Annexation of SUBJECT PROPERTY (Area North of Commonwealth Edison Lines) EXHIBIT B -1 Depiction and Legal Description of R -3 Age- Restricted Residential Parcel EXHIBIT B -2(1) Depiction and Legal Description of Southerly Portion of R -2 Conventional Residential Parcel EXHIBIT B -2(2) Depiction and Legal Description of Northerly Portion of R -2 Conventional Residential Parcel EXHIBIT C Depiction and Legal Description of B -3 Commercial Parcel EXHIBIT D Concept Plan For SUBJECT PROPERTY EXHIBIT E Preliminary PUD Plan for Age- Restricted Residential Parcel EXHIBIT F List of Variations for Age- Restricted Residential Parcel EXHIBIT G List of Current City Building Codes EXHIBIT H -1 Fee Schedule for Age - Restricted Residential Parcel EXHIBIT H -2 Fee Schedule for Conventional Residential Parcels EXHIBIT I School Contribution EXHIBIT J Park Contribution EXHIBIT K Signage EXHIBIT L Form Recapture Agreement EXHIBIT M Common Facilities for Age- Restricted Residential Parcel EXHIBIT N Del Webb Anti- Monotony Policy CHOI/ 12439329.4 49 EXHIBIT A -1 LEGAL DESCRIPTIONS AND PLAT OF ANNEXATION OF SUBJECT PROPERTY (Area South of Commonwealth Edison Lines) CH01/ 12439329.4 i S aj)SO ME C G o O i i M, INC. P LAT OF ANNEXATION �- PREPARED FOR: ara�aa �t sereoeia EL EBB COMMUNITIES OF ILLINOIS, INC. "Mosio n& o � TO THE UNITED CITY OF YORKVILLE -- N � A ", aa �,, , 2205 POINT BOULEVARD, SUITE 200, vtor - Fw AW m 'A NO ELGIN, ILLINOIS 60123 ksR S" NOM -AMU PROJECT CONTACT: MR. MATTHEW CUDNEY LQQA7M MdP f�GllCT PHONE (847) 841 -3583 . -• I ; �MOE U FAX: (847) 783 -0875 i s N87 "56''31 "E 35'/6 19' CAL .0 7 ? 'o ufr I �°6net ♦7 m' e�a7 { , , s ! I � f M 1323.10' SB9 °13'11°W � .E4urnvinkd r 2651.03' 'r c� a 4m ,eo A O 7Lf7 CN 7 ! (� a � _ ze S02 °43'14"W RKVILLE! 300.01' ,J Nom„" Im ' Qcgk B - "tee 14Q- am c N89 °00'53 "E 15.64' R ` _ 7 uc' N aaf Cz7t7af c +o {J�p, • Y J,M19 atnk,]N E 5-37 -7 S00 °09'46 "E 170.64 - - 5 r �, \ Nor soec West Line of the NW 1/4 N89 50'14 "E 10.00 5-37 -7 U 0 5 West Line-37 7 e SW 1/4 Q GVS O�� C N�G � West of IL. Rt. 47 Way o J o OV / 2 CD o 1'y W z Q 0 C14 B �6. `L S89 50'14"W 10.00 O T 64.12' N SOO °09'46 "E 71;20 S87 °52'41'W 22.10' I R= 42,975.00' L= 933.19' n POB PARCEL 2 POB PARCEL 1 j N x '40 177 63 Go PREPARED ON SEPTEMBER 23, 2005 PREPARED BY: ! 91./71•/ a1R�1G G1d1/TdCT► W E FEIEIR d HUNKER P.E., GENERAL MANAGER OF LAND DEVELOPMENT (SM) 555 -7WO CRAIG L DUY • CRAIG L DUY ALS, SENIOR SURVEYOR IWNOIS PROFESSIONAL LAND SURVEYOR (6M) 55�75so �,�, _ N , "`rL q4 No. 3359 (EXPIRES: 11/30/06) tiV '� 33 je 05, EXHIBIT Al S ; °� f /l% PLAT OF ANNEXATION i GRAPHIC SCALE This map was created for use In a annexation exhibit. This map Is not TO THE UNITED CITY OF YORKVILLE to be used for any construction or staking purposes without consent from ;V _ -500 o 250 500 1000 2000 a proper agent of Smith Engineering Consultants, Inc. �`, ,��i O GALENA ROAD, WEST OF IL. RT. 47, j • Th ls IS NOT a Plat of Survey No assumptions or agreements as to i APPROXIMATE l EAST OF ELDAMAIN ownership, use, or possession can be conveyed from this document an • No underground Improvements have be located union shown and noted. E X I S T I N G U N I T E D C I T etroN 00M ft PAID 111oU= Ift ' IN FEET) • No distance should be assumed by scaling. OF YORKVILLE L 0 D irate JRL sLMLbS W074IM—A • This map Is void without original embossed or red colored seal and a pps® am Na 1 inch = 500 ft signature affixed. r• - • gn NNEXATION LIMITS a a ORM) on 1WL A rata A S M4111 OF LEGAL DESCRIPTION INC. PREPARED FOR: � DEL WEBB COMMUNITIES OF ILLINOIS, INC PLAT OF ANNEXATION '° .,,�" ■;�„ 2205 POINT BOULEVARD, SUITE 200, a�a�e�a�olr�r,e���lk�aia ELGIN, ILLINOIS 60123 TO THE UNITED CITY OF YORKVILLE , Aw 9 -�,.� PROJECT CONTACT: ►E,e�acsamr MR. MATTHEW CUDNEY PHONE: (847) 841 -3583 FAX: (847) 783 -0875 { j PARCEL f: PARCEL 2: THAT PART OF IHE NEST If OF SECI7GN A PART OF SECTION Lfy PART OF THE NORTHEAST J( OF THAT PART OF THE NEST HALF OF SECTION A TONNSH/P 37 NORTH, RANGE 7, EAST OF SECTION 8 AND PART OF THE NORTHWEST X OF SECTION 9, ALL IN TIONNSHIP 37 NORTH, RANGE THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST 1 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOW BEGINNING AT THE POINT OF CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION A THENCE NORTHERLY ALONG THE INTERSECAON OF THE CENTER LINE OF GALENA ROAD AS NOW ESTABLISHED ACROSS SAID SECTION EAST LINE OF SAID SOUTHWEST WARTED 64293 FEET 7th A POINT INIM IS 162,00 FEET I I 5 WITH THE NEST LINE OF THE EAST M OF SAID SECAON 4 THENCE NORTH 0 DEGREES 02 SOUTHERLY OF INE ORIGINAL CENTER LINE OF GALENA ROAD, THENCE WESTERLY,(LONG A i MINUTES 49 SECONDS NEST ALONG SAID NEST LINE, 267,113 FEET TO A POINT 2 327.34 FEET LINE NH /CN FORMS AN ANGLE OF fO2 DEGREES, 59 MINUTES 02 SECONDS WIN 7PE UST SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST X Mr SAID SECTION 4 THENCE NORTH DESCRIBED COURSE; MEASURED CLOCKWISE THEREFROM(, f0a0O FEET TO A POINT) NHICN IS 1 89 DEGREES 36 MINUTES 30 SECONDS NEST 152110 FEET, THENCE NORTH 0 DEGREES 02 16150 FEET, AS MEASURED PARALLEL WITH SAID EAST UNE; SOUTHERLY OF SAND ORIGINAL MINUTES 30 SECONDS EAST 232356 FEET To THE NORTH LINE OF SAND SECTION 4. THENCE CENTER LINE; THENCE NORTHERLY PARALLEL WITH SAID EAST LINE 16150 FEET 10 SAID SOUTH 89 DEGREES 41 MINUTES 06 SECONDS EAST ALONG SAID NORTH LINE 131149 FEET TD THE ORIGINAL CENTERLINE FOR THE POINT OF BEdNN /N["., THENCE NORTHERLY PARALLEL WITH NORTHWEST CORNER OF THE NORTHEAST X OF SAID SECTION 4 THENCE SOUTH 00 DEGREES 02 SAID EAST LINE; 1466 FEET To THE PRESENT CENTER LINE OF GALENA ROAD Al DEPICTED MINUTES 49 SEcros EAST ALONG THE NEST LINE OF SAID NORIHEAST X 1828,36 FEET• THENCE ON A PLAT RECORDED JJNE A 1964 AS DOCUMENT NUMBER 14519.; THENCE WESTERLY NORTH 89 DEGREES 08 MINUTES EAST 3596.60 FEET TD THE CENTER LINE OF ROB ROY DITCH,• ALONG SAID PRESENT CENTER LINE; 1,67369 FEET TO A POINT OF CURVATURE; )HENCE THENCE SOUTH 0 DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID CENTER LINE 781.88 FEET WESTERLY ALONG SAID PRESENT CENTER LINE; BONG ALONG A TANGDV71AL CURtf TO THE THENCE SOUTH 2 DEGREES 43 MINUTES 14 SECONDS NEST ALONG SAND CENTER LINE 30Q01 FEET• RIGHT HANNG A RADIUS OF 42,97300 FEEr 9.0 19 FEET; THENCE N£SIERLY ALONG SAID _ THENCE SOUTH 89 DEGREES 40 MINUTES EAST 291.15 FEET, THENCE SOUTH 0 DEGREES 56 PRESENT CENTER LINE; 6412 FEET TV THE NEST LINE OF SAND SOUTHWEST WARIER; 1 MINUTES 40 SECONDS REST 24028 FEET, THENCE NORTH B9 DEGREES 14 MINUTES Of SECONDS 1NENCE NORTHERLY ALONG SAID NEST LINE; 957.16 FEET TO THE NORTHWEST CORNER OF EAST 142851 FEET TO THE EAST UNE OF THE NEST X OF SAID SECTION * THENCE SOUTH 0 SAID SOUTHWEST QUARTER THENCE NORTHERLY ALONG THE NEST LINE of THE NORTHWEST DEGREES 02 MINUTES 57 SECONDS EAST ALONG SAID EAST LINE 991.84 FEET; THENCE SOUTH 89 QUARTER OF SAID SECTION A 92088 FEET TO A POINT NHICH IS $31800 FEET SOUTHERLY DEGREES 00 MINUTES OB SECONDS NEST 174117 FEET 10 THE CENTER LINE of SAND ROB Roy OF P NORTHWEST CORNER of SAID NORTHWEST QUARTER,• (HENCE EASTERLY, 2 » 651.07 DITaV, A/ENCE SOUTH 3 DEGREES 28 MINUTES 51 SECONDS NEST ALONG SAID CENTER LINE FEET 117 A POINT ON DE EAST LOVE OF SAID HEST HALF Nfl/CFI /S ?.32870 FEET 137375 FEET• THENCE SOUTH 30 DEGREES 24 MINUTES 07 SECONDS REST ALONG SAND CENTER SOUTHERLY OF THE NORTHEAST CORNER OF SAID NORTHWEST QUARI THENCE;SOUTHERLY ALONG THE EAST LINE OF SAID NEST HALF, ZB8898 FEET TO SAND ORIGINAL F0470 LINE; L96E 60081 FEET IV THE CENTER LINE OF SAID GALENA ROAD, THENCE NORTH 72 DEGREES 44 MINUTES MST ALONG SAID COMER UNE; 331805 FEET 119 THE POINT OF BEdNN /N0 THENCE Nanny ALONG SAID ORIGINAL CENTER LINE; 101.94 FELT TO IHE POINT OF BEGINNING, IN BRISTOL IONNSTV/P, KENDALL COUNTY, ILLINOIS EXCEP7MIG THEREFROM( 7HAT PART OF THE NORTHWEST X OF SECTION A 7t9NNSH/P 37 NORTH, T RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF A LINE EXTENDING EASTERLY FROM A POINT ON SAID WEST LINE OF THE NORTHWEST X NN /CM POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 5 70 A POINT ON THE NORTH AND SOUTH CENTER LIVE OF SAID SECTION 5 RH/CH POINT IS 182885 FEET SOUTH OF SAID NORTH QUARTER CORNE19 AND EXCEPT A STIR/P OF LAND 20300 FEET RIDE IN THE NORTHEAST X OF SECTION 5 AND THE NORTHWEST X OF SECTION 4 TOWNSHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BOUNDED AND DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST X OF SAID SECTION 5. 7HEIVOE SOUTH ALONG THE NORTH AND SOUTH CENTER ME OF SAID SECTION 4 A DISTANCE OF 182885 FEET TO THE NORTH LINE OF PROPERTY ! CONVEYED TO THE LASALLE NATIONAL BANK AS TRUSTEE UNDER TRUST AGREEMENT DA70 FEBRUARY 14 1967, KNOWN AS TRUST Na 35913 RECORDED AS DOCUMENT NO. 154368 IN BOOK j f5Z PAGE 392 AS SAID NORTH LINE IS MOMUMENTED AND OCCUPIED HEREINAF FER REFERRED TO AS LINE V, FOR THE POINT OF BISGINN /NG; THENCE EAST ALONG SAID LINE 1 8, A DISTANCE OF 359880 FEET TO THE CENTER LINE OF ROB ROY DITCH,• THENCE SOUTHERLY ALONG THE CEN ER LINE OF ROB ROY DITCH FORMING AN ANGLE OF 90 DEGREES 29 MINUTES 57 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE; A DISTANCE OF 20300 FEET 719 PREPARED ON SEPTEMBER 23, 2005 THE INTERSECTION WITH A LINE 20500 FEET PERPENDICULARLY DISTANT SOUTH OF AND PARALLEL WITH THE AFORESAID LINE 1 8". THENCE NEST ALONG THE LAST DESCRIBED PARALLEL LINE A DISTANCE OF 359847 FEET TO THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5,• THENCE PREPARED BY: NORTH ALONG SAND NORTH AND SOUTH CENTER LINE 20302 FEET TO THE POINT OF BEGINN /NQ, AND ALSO EXCEPT THAT PART OF THE NEST HALF OF SAID SECTION 4 LYING EAST of THE NEST CRAIG L DUY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47, IN KENDALL COUNTY, ILLINOIS . CRAIG PROFESSIONAL LAND SURVEYOR AND ALSO EXCEPT THAT PART LYING NEST OF THE NEST LINE OF THE EAST HALF OF SAID No. 3359 (EXPIRES: 11/30/06) SECTION A IN KENDALL COUNTY, ILLINOIS. AND ALSO EXCEPT THAT PART WITHIN THE NORTHWEST QUARTER OF SAID SECTION A IN KENDALL COUNTY, ILLINOIS EXHIBIT A LEGAL DESCRIPTION PLAT OF ANNEXATION i TO THE UNITED CITY OF YORKVILLE j GALENA ROAD, WEST OF IL. RT. 47, NOTE: EAST OF ELDAMAIN THE SAID REAL ESTATE BEING ALSO SHOWN BY THE PLAT OF RCS OWN n CAM N10 6Cf N0. ANNEXATION HERETO ATTACHED AND MADE A PART HEREOF. i °O "' °UO° '� ",dm aro Ift l tlotlm � "Me sum ow 110. s mw lm vet Illme 2 OF 2 EXHIBIT A -2 LEGAL DESCRIPTIONS AND PLAT OF ANNEXATION OF SUBJECT PROPERTY (Area North of Commonwealth Edison Lines) CHOI/ 12439329.4 S ar>0,/Sa ff" ' R 2" G CONIFIXTANTS INC. na PLAT O A ICI ltii 1~ X A T I O ItiI "'°° """ PREPARED FOR: ,,; — " ' mnrm esoe�aluc asp � 0 M-00111010 I DEL WEBB COMMUNITIES OF ILLINOIS, INC. TO THE UNITED CITY OF YORKVIL.LE 0mr. FM { a�o>u�w.f �m�- p -n-asd o f' 2205 POINT BOULEVARD, SUITE LOO, F WW MVW ROW-AMEX I ELGIN, ILLINOIS 601 PROJECT CONTACT: LOCa14T11aN AMP IP�T II MR. MATTHEW CUDNEY PRO. U PHONE (847) 84 -3583 FAX: (847) 783 -0875 — �o I La.SN(e nt23 h _ . cd � �y ilvice r�► /Wlional ._ r,. 4 B.rbar'n Tl Na. ' I rz3.d 'K°^°!d SIm/dwl !71233 E /.h AA 43472 ,f .PaeMrvin' NE CORNER OF arz6c / , -e M, rco POB PARCEL 3 (2) NW QUARTER 5-37 7' " '° "" r r. NW CORNER 5-37 -7 =- zz RKVILL �/� �p /'yam /► /'� D/ IiVI11/ � � lMdtutr l��`, Li4dt rRis/ • 1 r 1117.22' 1331N 1319.49' N89 °41'06 "E (27 75 `-North Line of the NW 1/4 North Line of the NE 1/4 5-37.7 _ s 6 -37 -7 Ner10 sour 1 I W o> a 0 3 0 N co GG � � O Cl) Z C M . (� ✓ YY ED / ✓� , P N / X N i i 1328.18' CALC 1322.46' C A W 1133.17' - ; �� r N MM r PREPARED ON SEPTEMBER 23, 2005 PREPARED BY- 9W M 1G 00MACTo 00 o W E PE1ER d HUNKER P.E. GENERAL MANAGER OF LAND DEMOPMEWT ° (830) 553-7580 G CRAIG L. DUY • CRAIG L DUY ALS, SENIOR SuRWM Q P� � ILLINOIS PROFESSIONAL LAND SURVEYOR (60) 553 - 7580 vi No. 3,359 (EXPIRES: � 11/30/06) I POB PARCEL 3 (1) m CENTERLINE GALENA AND AST LINE OF WEST HALF N ON EXHIBIT A 2 S SECTION 5 -37 -7 N07M QP PLAT OF ANNEXATION GRAPHIC SCALE • This map was created for use M a annexation exhlbIL This map is not TO THE UNITED CITY OF YORKVILLE to be used for any construction or staking purposes without consent from GALENA ROAD WEST OF IL. RT. 47 , - 600 o sao 600 low 2000 a proper agent of Smith Engineering Consultants, Inc. • 71112 IS NOT a Plat of Survev. No assumptions or agreements as to EAST OF ELDAMAIN ownership. use. or possession can be conveyed from this document. • No underground Improvements have been located unless shown and noted. 00011010 1 *401 rn a�'<t t VAW NL (� FEET ) • No distance should be assumed by scaling. r. a2 1610" i s/?r to 09074e01 • This map Is void without original embossed or red colored seal and wa sG aNSR N0. 1 inch = 500 R signature affixed. a OF 2 as M set WL S So" I' LEGAL DESCRIPTION ������' INC. ,. -w PREPARED FOR: � ���� DEL WEBS COMMUNITIES OF ILLINOIS, INC PLAT O F ANNEXATION - .-. �- tuaias tin, t+s� tml / teweotN i 205 POINT BOULEVARD, SUITE 200, 0 TO THE UNITED CITY OF YORKVILLE C ELGIN, ILLINOIS 601 23 w. rte =142 -N ,A%I -a-�ft 1 ) Mr rte SrAPAW PROJECT CONTACT: WM LE"_ MM MR. MATTHEW CUDNEY PHONE (847) 841 -3583 FAX: (847) 783 -0875 I i j THAT PART OF THE NEST Af OF SECTION .4 PART OF SECTION A PART OF THE NORTHEAST X ALSO OF SECTION 8 AND PART OF THE NORMI EST J( OF SECTION 9, ALL IN TOWS14IP 37 NORTH, THAT PART OF THE NORTHNAST 114 OF SECTION 5 AND NORTHEAST 114 OF SIECTI I RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOW BEGINNING AT THE 8, TnW&AP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MEDIAN, POINT OF INTERSECTION OF THE CENTER UNE OF GALENA ROAD AS NOW ESTABIUSHED ACROSS DESCRIBED AS FOLLOW BEGINNING AT THE NORTHNAST CORNER OF SECTION 4 SAID SECTION 5 WIN THE NEST LINE OF THE EAST M OF SAD SECTION 3; THENCE NORTH 0 THENCE EAST ALONG THE SECTION UNE 1331.4 FEET; THENCE SOUTHERLY ALONG A DEGREES 02 MINUTES 49 SECONDS NEST ALONG SAID NEST UNE , 267.513 FEET 70 A POINT UNE FORMING AN ANGLE OF 90 DEGREES 7 MINUTES MEASURED FROM NEST TO 2327.34 FEET SOUTH OF THE NORTHEAST CORNER OF THE NORMNEST X OF SAID SECTION 51I SOUTH FROM THE SECTION UNE; 2321.5 FEET; THENCE MASTERLY ALONG A UAE f THENCE NORTH 88 DEGREES 38 MINUTES 30 SECONDS NEST 132.110 FEET; THENCE NORTH 0 FORMING AN ANGLE OF 89 DEGREES 33 MINUTE'S: MEASURED FROM NORTH TO NEST DEGREES 02 MINUTES ,TO SECONDS EAST 232558 FEET 70 THE NORTH LINE OF SAID SECTION 4 FROM THE LAST DESCRIBED COURSE: ; THENCE SOUTHERLY ALONG 5 13287 FEET 70 THENCE SOUTH 88 DEGREES 41 MINUTES 06 SECONDS EAST ALONG SAID NORTH LINE 1319.49 THE NEST UNE OF SECTION THE SECTION UNE FORMING AN ANGLE OF 89 DEQTM FEET 70 THE NARTHNESr CORNER OF THE NORMEAST J( OF SAID SECTION 5; THENCE SOUTH 27 M/NU7ES, mEASURE) FROM EAST TD SOUTH FROM 77/E LAST DESCRIBED COURSE: 00 DEGREES 02 MINUTES 49 SECONDS EAST ALONG THE NEST LINE OF SAID NORTHEAST X 148.4 FEE&; THENCE NE'STERLY ALONG A UNE FORMING AN ANGLE OF 88 DEGREFB'S8 182838 FEET; THENCE NORTH 89 DEGREES 08 MINUTES EAST 3598:80 FEET TO THE CEN&ER MINUTES MEASURED FROM NORTH NEST FROM THE S£CTIOV LANE f553 FEET; UNE OF ROT ROY DITW THENCE SOUTH 0 DEGREES 22 MINUTES 03 SECONDS EAST ALONG THENCE NORTHERLY ALONG A UNE F AN ANGLE RI BB DEGREES 4 1.1 FE SAID CENTER LINE 78f.88 FEET; THENCE SOUTH 2 DEGREES 43 MINUTES 14 SECONDS NEST MEASURED FROM EAST 10 NORTH fR011 THE LAST DESCRIBED COURSE; ?481.1 FEET ALONG SAID CENTER UNE 30001 FEET, THENCE SOUTH 88 DEGREES 40 MINUTES EAST 29L15 70 THE NORTH UNE OF SECTION 6; THENCE EASTERLY ALONG SAND NORTH LAVE 1534 FEET, THENCE SOUTH 0 DEGREES 56 MINUTES 40 SECONDS ST 24028 FEE&; THENCE NORTH fEF� RULE POINT OF BEGINNING, IX[ PTING TIIfIPEFROM THAT PART 77AE NE 89 DEGREES 14 MINUTES Of SECONDS EAST 142551 FEET TO THE EAST UNE OF THE NEST J( NORTHEAST 114 OF SECTION 8, TDNNSH/P 37 NORTH, RANGE 7 EAST OF THE THIRD OF SAID SECTION 4- THENCE SOUTH 0 DEGREES 02 MINUTES 57 SECONDS EAST ALONG SW PRINCIPAL MER101AN, LYING SOUTH AND NEST OF THE FOLLON/NG DESCRIBED LINE; EAST UNE 991.84 FEET; THENCE SOUTH 89 DEGREES 09 MINUTES 08 SECONDS HEST 1745 f7 BEGINNING AT A POINT 1876.07 FEET SOUTH OF THE NORTHEAST CORNER OF SAD FEET 7O THE CENTER WE OF SAID ROB ROY DITW THENCE SOUTH 3 DEGREES 28 MINUTES 51 SECTION 6, SAND POINT BEING ON THE NORTH LANE OF THE LAND CONVEYED TO SECONDS NEST ALONG SAID CENTER LINE 137175 FEET; THENCE SOUTH 30 DEGREES 24 COIMONNEALM EDISON COMPANY BY DOCUMENT Na 73 -2841 (TRACT 1), THENCE MINUTES 07 SECONDS NEST ALONG SAID CENTER UNE 600.81 FEET TD THE CENTER UNE OF NEST ALONG SAND NORTH UNE 1133.17 FEET TO A PONT OF INTERSECTION WIN A SAID GALENA ROAD; THENCE NORTH 72 DEGREES 44 MINUTES NEST ALONG SAID CENTER LINE UNE 4150 FEET PERPENDICULARLY DISTANT EAST OF AND PARALLEL WIM THE EAST 3318.05 FEET 70 THE POINT OF BEGINNING UNE OF THE LAND CONVEYED TO EARL P. AND ETYMA V KON/CEK BY DEED RECORDED j AS DOCUMENT Na 136414 IN BOOK 126, PAGE 41; THENCE NORTH ON SAID PARALLEL e EXCEPTING THD ROV THAT PART OF THE NORMNEST X OF SECTION 6, TONNSNP 37 NORTH, UNE ALSO BEING THE EAST LINE OF THE LAND COIVWM 10 SAID G17MMONNEALIN i RANGE 7 EAST OF 7&NE TN /RD PRINCIPAL MERIDIAN LYING SOUTH OF A UNE DfZEND/NG EDISON COMPANY BY DOCUMENT Na 73 -2841 CT 1), 1897.19 FEET 70 THE EASTERLY FROM A POINT ON SAID NEST UNE OF THE NORTHNAST X WWI POINT IS 1876.07 NORTH UNE OF SAID SECTION B AND THE POINT a• 7ERA/AVATIOV; AND ALSO EXCEPT i FEET SOUTH OF THE NORMIIEST CORNER OF SAID SECTION 5 M A Pow ON THE NORTH AND THAT PART OF•THE NORMNEST 114 OF SECTION A TDWSWP 37 NORTH, RANGE 7 SOUTH CENTER LINE OF SAID SECTION 5 WICH PONT IS 1828:85 FEET SOUTH OF SAID NORTH EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTHERLY OF A LINE EKIDA ED QUARTER CpRAM EASTERLY FROM A POINT ON ME NEST LINE OF SAID NORMNESr 114 OF SECTION 5 NN/Cl/ POINT IS 187507 FEET SOUTH OF RE NORMNAST CORNER OF SAID SECTION 5 AND OCEPT A STRIP OF LAND 20100 FEET WDE IN THE NORTHEAST X OF SECTION 5 AND THE TO A POINT CAN THE NORTH AND SOUTH CENTER LINE OF SECTION A WICK POINT IS NORMNEST x OF SECTION 4 TONNSHIP 37 NORTH RANGE 7 EAST OF TIE THIRD PRINCIPAL 1828:85 FEET SOUTH OF THE NORTH QUARTER CORNER OF SAND SECTION A ALL AN j MERIDIAN BOUNDED AND DESCRIBED AS FOLLOW COMMENCING AT THE NARTINNEST CAWNER OF THE TONNSIAP OF BRISTOL, KENDALL COUNTY, ILLINOIS THE NORMEAST X OF SAND SECTION DI THENCE SOUM ALONG 7HE NORTH AND SOUTH CENTER LAVE OF SAID SECTION 5 A DISTANCE OF 182585 FEET 70 RE NORTH LAVE OF PROPERTY j CONVEYED TO THE LASALLE NATIONAL BANG, AS TRUSTS: UNDER TRUST AGREEMENT DA 70 FEBRUARY 10, 1967, KNOW AS TRUST Na 35913 RECORDED AS DOCUMENT Na 154:188 IN BOOK f5Z PAC: 392 AS SAND NORTH LINE IS MOMUMENTED AND OCCUPIED HEREINAFTER REFERRED 70 AS LINE T', FOR THE POINT OF BEGTNNANC THENCE EAST ALONG SAD LAME - 6 - , A DISTANCE OF 3598.80 FEET TD THE C ENZI R UNE OF ROB ROY DITW- THENCE SOUTHERLY ALONG THE CENTER UNE OF ROB ROY DITCH FORMING AN ANGLE OF 90 DEGREES 29 MINUTES 57 SECONDS TD THE RIGHT WTH THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 20500 FEET M THE INTERSECTION WIN A LANE 20500 FEET PERPEIMOIILARLY DISTANT SOUTH OF AND PARALLEL IN1H THE AFORESAID LAVE le; THENCE NEST ALONG 7W LAST DESCRIBED PARALLEL LINE A DISTANCE OF 3598:47 FEET 70 THE NORTH AND SOUTH CENTER LAVE OF SAD SECTION 4 THENCE NORTH ALONG SAID NORTH AND SOUTH CENTER PREPARED ON SEPTEMBER 23, 2005 LINE 20502 FEET TD THE POINT OF BEG7NNNGr PREPARED BY: AND ALSO E) EPT THAT PART OF THE NEST HALF OF SAD SECTION 4 LYING EAST OF 7HE NEsr R/GHr OF WAY LINE OF ILLINOIS ROUTE 47, AV KENDALL COUNTY, ILLINOIS AND ALSO EXCEPT THAT PART LYING EAST OF TRUE NEST LANE OF TIME EAST HALF OF SAND CRAIG L DUY sECnON s. IN KENDALL COUNTY. N1NVgS ILLINOIS PROFESSIONAL LAND SURVEYOR I No. 3359 (EXPIRES: 11/30 /06) � s I S EXHIBIT A2 ! LEGAL DESCRIPTION PLAT OF ANNEXATION TO THE UNITED CITY OF YORKVILLE GALENA ROAD, WEST OF IL. RT. 47, EAST OF ELDAMAIN NOTE: ll. ulu►�t" DAO NIO�T Na THE SAID REAL ESTATE BEING ALSO SHOWN BY THE PLAT OF t m ,rqo, ,tai o1ILoa affo»o►-a ANNEXATION HERETO ATTACHED AND MADE A PART HEREOF. Iln a l o 9r1 m m N�Y118 2 OF 2 I i EXHIBIT B -1 DEPICTION AND LEGAL DESCRIPTION OF R -3 AGE - RESTRICTED RESIDENTIAL PARCEL I I I I i CHOI/ 12439329.4 1 SMITH ENGINEERING CONSULTA S, INC. I 769 WL ILLIN JOHN I� }� i `T" YOW-X- &W-S Z ONING E X H 1 B I 1 vrl: aso -ns -+sea ruc - -su-�e - - ..-.ml1h•t�neMOe.wm 6 -YAIL• - °hrnlNmdnw,lNwm PREPARED FOR: -Ytl1OIRV - NYx11EY .Y0RMU2 IWNOte PROFEMONAL DBBION FIRM E 164 -MIOO DEL WEBS COMMUNITIES MUNITIES OF IL LINOIS, INC. UNITED CITY OF YORKVI LLE ° " "' "'' ". I ' •"' " °" . 2205 POINT BOULEVARD, .S UITE 200, P FILE: Iminp- 9- 77 -OSd.g PROPOSED ZONING - R P.U.D. MEW R-J ON Webb ELGIN, ILLINOIS 60123 scipmv PROJECT CONTACT F i57R.19 CAt. P•I•N. 02 -05- 200 -O LrA ASP T ,! COMMONWEALTH EDISON 03 • -• „ .• „ -q Q RIGHT-OF- � COMMONWEALTH EDIS N RIGH ` .• uIS" -1 I IVII;r. MATTHEW CU>a NEY P.I. N. 02 -05- 100 -004 N °5 "._.r_s., PHONE: (847) 841 -3583 FAx: (847) 783 -0875 w •' 4.92 XRnL•gnda - - - - - roenisA,df m tr 09 OWNER: K. SCHULTZ i+1 �-^• _ _ A•• -d9 -� �_�" V P.I.N. 02 -05- 100 -005 N z \ "s` ° ~` ,° Rob r - -- (EXISTING ZONING A -1) - Po PARCEL l: o �i , H°ro/ - U) She/d°/I /r3 °e Ei/n Mae .Rarcnwnke/ 7IAT PART OF THE REST dj OF SEC70N 4, PART OF SECTION 5, PART OF THE 502 °43'14 "W /3472 �� GO F I NOR) #AST X OF SECTION 8 AND PART OF THE NORIHRLST )( OF SECTION 9, ALL » 7/.47 IN TOMISHIP J7 NORTH RANGE 7 EAST Off' TINE JNIRD PR/NICIPAL MER/DAN, 300.01' +-s DESCRIBED AS FOLLOWS BEGINNING AT INE POINT OF INTERSECTION WNER: & ON OF 1Hf CENTER DONALD SCHRAMM tv LINE OF GALENA ROAD AS NOW ESTABLISHED ACROSS SAID SECTION 5 WIN INE Q.I.N. 02 -0e- 100 -003 RKViLLE NEST LINE OF THE EAST fj OF SAID SECTION 5,• INENCf NORTH D DEGREES 02 N89 °00'53 "E 15.64 (EXISTING ZONING A -1) � � H ��' /� MINUTES 49 SECONDS REST L ID ALONG SA REST LINE . 267113 FEET TO A POINT Fly �•'. r - 2J27.J4 FEET SOUTH OF THE NORTHEAST CORNER OF rHE NORIHREST it OF SAID !�QS c�w°z rim SEC701V 5; THENCE NORTH 89 DEGREES 36 MINUTES 30 SECONDS REST 112110 rJ 7B ghv / FEET; THENCE NORTH 0 DEGREES 02 MINUTES 30 SECONDS EAST ?325.56 FEET f0 - 500 ° 09'46 "E 170.64 '� � M r. �� . o = i THE NOIRIH LINE OF SAID SECTION 5; THENCE SOUTH 89 DEGREES 41 MINUTES 06 SECONDS EAST LONG SAID NORTN LINE IJ19.49 FEET TO THE NORTHNEST CORNER ' ✓, Y N89 ° 50'14 "E 10.00' OF THE NORTHEAST x OF SAID SECTION 5; THENCE SOUTH 00 DEGREES 02 MINUTES =i. 5 -- _ 49 SECONDS EAST ALONG THE nesr LINE OF SAID NORTHEAST M IB2 &J6 FEET ' • THENCE NORTH 89 DEGREES 08 MINUTES EAST 1596.80 FEET TQ 7I£ CENTER LINE nor ro scat OF ROB ROY DITCH- THENCE SOU74 O DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID CENTER LINE 781.86 FEET,' THENCE SOUTH 2 DEGREES 43 MINUTES 14 SECONDS REST ALONG SAID CENTER LINE 300.01 FEET THENCE SOUTH 89 DEGREES U o 40 MINUTES EAST 291.15 FEET, THENCE SOUTH 0 DEGREES 56 MINUTES 40 SECONDS o mess 24a28 FEET; THENCE NORTH 89 DEGREES 14 MINUTES 01 SECONDS EAST .�`� 5 Westerly Right of Way, 1428.51 FEET TO IHf EAST LINE OF THE REST H OF SAID SECT 4; THENCE o1 ^!� E o ° � - of IL. Rt. 47 OWNER: LASALLE NATIONAL BANK SOUIN 0 DEGREES 02 MINUTES 57 SECONDS EAST ALONG SAID EAST LINE 991 d V OR \ I TRUST NUMBER 116833 FEET. THENCE SOUTH 89 DEGREES 09 MINUTES 08 SECONDS NEST 1745.17 FEET TO iv �� E lit P.I.N. 02 -04 -300 -001 THE CENTER LINE OF SAID ROB ROY DITCH, • THENCE SOUTH J DEGREES 28 MINUTES ° a�j �O� io ^ (EXISTING ZONING A -1) DEGREES MINUTES 07 SECONDS REST ALONG SAO CENTER TH INE 6Oa8 10 Z �+` �GREf' o (PROPOSED 20N1NC B - 3) THE' CE LINE OF SAID GALENA ROAD; rWENCE NORTH 72 DEGREES 44 MINUTES - WEST LONG SAO CENTER LINE, 3318.05 FEET TO THE POINT OF BEGfmwa! p, 01 °o 5 OWNER: LASALLE NATIONAL BANK - h 2 589 °50'14 "W 10.004% 0 EXCEPTING THEREFROM INAT PART OF THE NORworsr u OF SECTION 5, TORtVSH/P rfl TRUST NUMBER 116833 J7 NORTH, RANGE 7 EAST OF 1Hf THIRD PRINCIPAL MERIDIAN LYING SOUTH! OF A P, XIS NG ZONING � , _ 1 (V (PROPOSED ZONING NG A-1 A-1) o V �� � ®�r LINE EXTENDING EASTERLY FROM A POINT ON SAID WEST LINE OF THE NORTHWEST JO -•o` w (PROPOSED ZONING R -3 P•U.D.) 500 09'46 "E 71.20' WHICH POINT IS 1876.07 FEET SOUTH OF THE NORINRL�Sr CORNER OF SAD 'SECTION o o v S87 °52'41 "W 22.10' 5 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5 N9fICH n ° z 2 1 PETER J. NUINKER P.L:. GENERAL MANAGEP OF LAW BEVELOPk".CHT PONT is !82885 FEET SOUTH OF SAID NORTH QUARTER CORNER, 1?-. - 156.53' (630) 553 -7560 AND EXCEPT A STI2 /P OF LAND 205.00 FEET W10E IN THE NORTHEAST Jj OF SECTION °�, o� 677 79 (CRA1 X53 7O U S P.L., SENIOR SURVEYOR 5 AND THE NORTHWEST Jj OF SECTION 4 TOWNSHIP 37 NORTH RANGE 7 EAST OF j; W 0 THE THIRD PRINCIPAL MERIDIAN BOUNDED AND DESCRIBED AS FOLLOWS: COMMENCING 0,V AT THE NORTHWEST CORNER OF ME NORINEAST Jj OF SAID SECTION 5; THENCE SOUTH LONG THE NOR1N AND SOUTH CENTER LINE OF SAID SECTION 5. A DISTANCE OF 1828.85 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO INE LASALLE N NATIONAL BANK, AS TRUSTEE UNDER )RUST AGREEMENT OAIED FEBRUARY la 1967, KNOWN AS TRUST NO. J591J RECORDED AS DOCUMENT NO. 154368 IN BOOK 152. j PAGE J92 AS SAID NORTH LINE IS MOMUMENIEO AND OCCUPIED HEREINAFTER REFERRED TO AS LINE 1 8 - FOR THE POINT OF BEGINNING, THENCE EAST LONG SAID POB PARCEL 1 = LINE B : A DISTANCE OF 1596.80 FEET TO THE CENTER LINE OF RO9 ROY DITCH. SOUTHERLY LONG INE CENTER LINE OF ROB ROY DITCH FORMING AN ANGLE OWNER: MIDGO OF 90 DEGREES 29 M INUTES 57 SECONDS TO THE RIGHT W1H THE PROCONGA701V OF NORTHGATE L.L.C. IH£ LAST DESCRIBED COURSE, A DISTANCE OF 205.00 FEET TO INE INTERSECTION OWNER: LASALLE NATIONAL BANK P.I.N. 02 -04 -300 -001 WIN A LINE 205.00 FEET PERPENDD/CULARLY DISTANT SW1N OF AND PARALLEL MTN TRUST NUMBER 115833 (E105TING ZONING 8 WE AFORESAID LINE 1 8'. )HENCE REST LONG THE LAST DESCRIBED PARALLEL LINE P.LN. 02 - 400 - 001 W E A DISTANCE OF J598.47 FEET TO THE NORM AND SOUTH CENTER LINE OF SAID (EXISTING ZONING A -1) SECTION 5; IHENCE NORIN LONG SAID NORTH AND SOUTH CENTER LINE 205.02 - (PROPOSED ZONING 8 • FEET TO ft- . Vr OFF BE GIN.NINC-, AND ALSO EXCEPT THAT PART OF THE NEST HALF OF SAID SECTION 4 LYING EAST OF THE REST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47, IN KENDALL COUNTY, OWNER: RICHARD e GRAPHIC SCALE ILLINOIS HENRIETTA UNDESSER C� n P.I.N. 02 -05- 400 -004 O O) - AND ALSO EXCEPT INAT PART LYING REST OF THE REST LINE OF 71E EAST HALF OF' (EXISTING ZONING R -2) l�Ij o� -500 0 250 500 1000 S 2000 SAID SEC 701V 5, IN KENDLL COUNTY, ILLINOIS, G 2 44'(N ?4 2 AND ALSO EXCEPT MAT PART OF THE SO(11HNf5T X OF SAID 65 an D SECTION 4 AND PART al OF THE SOUTHEAST X OF SAID SEC11ON 5, ALL IN TOWNSHIP J7 NORTH, RANGE 7 '�✓ EAST OF INE IN/RD PRINCIPAL MER/DAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE IN FEET ) PONT OF INTERSECTION OF THE CENTER LINE OF GALENA ROAD AS NOW ESTABLISHED O WNER: WESTBURY VILLAGE ti \4 ° 4 ' f EXHIBIT B - 1 AND THE CENTERLINE OF ROB ROY DITCH. THENCE NORTH 72 DEGREES 39 MINUTES OCEAN ALANTIC y �` EY: �. Lt ej�; r «,�Flf 1 inch = b00 ft. 48 SECONDS NEST LONG SAID CENIERLINE OF GALENA ROAD, 852.59 FEET; THENCE. P.1 N. 02 - 400 - 005 NORTH 21 DEGREES 40 MINUTES 49 SECONDS EAST, 691.91 FEET; THENCE NORM l6 NOTES: (EXISTING ZONING R -2 k B -3) PREPARED ON SEPTEMBER 22, DEGREES 20 MINUTES 26 SECONDS EAST, 92 8.85 FEET- THENCE SOUTH 85 DEGREES • This mop was created for use in o annexation exhibit. This mop is not �r�' [ r: (f , i �(; p t�� = ZONING E X H I B I T 17 MINUTES 15 SECONDS EAST, 677.79 FfET TO THE CENTERLINE O - SAID ROB ROY PREPARE ¢Y: DITCH.' THENCE SOUTH OJ DEGREES 28 MINUTES 51 SECONDS REST LONG SAID to be used for any construction in stoking purposes without consent from I = Lr_ : ,��__ o prop agen of Smith En gi ne ering Consultants, Inc. c = t`1 .? "J u35C -z = TO THE UNITED CITY OF YORKVILLE CENTERLINE OF ROB ROY DITCH, 121709; THENCE SOUTH JO DECREES 24 MINUTES p °p g g g 07 SECONDS REST LONG SAID CENTERLINE OF ROB ROY DITCH. 600.81 FEET TO THE ' This IS NOT o Plot of Burley No assumptions or agreements as to GALENA ROAD, WEST OF IL . 'RT. 47 POINT OF BEGINNING ownership, use, or possession con be conveyed from this document. EAST OF ELDAMAIN • No underground improvements hove been located unless shown and noted. CRAIG L. DUY • No distance should be assumed b � � c ) LI[��[v by scaling or red colored seal and ILLINOIS PROFESSIONAL LAND rRvi.YOx � . �. Ievp� DRAM n . DAM FROM in • This mop is void without original signature offixed. No. 3359 (EXPIRES: 11/30/06) ''.,;r Zz /" �� a �� N� KS IIHEE kU �� - aLlNli.11'eiStli a == ". %QT WAM I OF 4 4 ..,. .....,, ,.,.• ..,..., .,... ., ... ..,,.....,. - - d a0 N/A EXHIBIT B -201 DEPICTION AND LEGAL DESCRIPTION OF SOUTHERLY PORTION OF R -2 CONVENTIONAL RESIDENTIAL PARCEL CHOI/ 12439329.4 i �— �--•� -- �_,._,_,,,. .,_�, -""' '° J ` SMITH ENGINEERING CONSULTANTS. INC. '+"` 0M 131111,/eTIRICiUf fHN 13TRW AND eURYLYORs - Y4r 10XN N= 4 YOf0IY1Ml. X002 00000 PARED FOR ZONING E X H I B I +T" "'` °° -�' �° °� -'�' ...anlNm+Mmrin4.mn r -mmu mcf.nllh#r4VMr N.m•, EL Vi/EBB COMMUNITIES OF ILLINOIS, INC. .Ila,w" .xuxnsY .YOMMUs - 2205 POINT BOULEVARD, SUITE 200, UNITED CITY OF YQRKVILLE lwnis mrimialU onm na it im -miss ELGIN, ILLINOIS 60123 COYP. /ILL• 05071 ?- Za+i,p- 9- 1 ? -OSdp . PROPOSED ZONING - R - 20. = PROJECT CONTACT: /�,0 .� Y MR. MATTHEW CUDNEY OYMER: BAILEY MEADOWS LQC�0/ A P I PI L�'iT PHONE: (847) 841 -3583 P.I.N. 02- 05- 200 -005 FAX (847) 783 -0875 ( EXISTING ZONING A -1) / AAA adha r 0 j COMMONWEALTH EDISON If1 7r r 1 I d 7 ram n e � R r IGHT -OF -WAY - I �J { 1•^+� � P.I.N. 02- 05- 100 -004 - COMMONWEALTH EDISON RIGHT -OF -WAY OWNER: K. SCHULTZ OWNER: K. SCHULTZ P.I.N. 02 -05- 200 -003 P.I.N. 02 -05 -100 -003 P.I.N. 02- 05- 100 005 T l (EXISTING ZONING A -1) 1 (EXISTNC ZONING A -')13 1< t i L S i +J.os a OWNER: K. SCHULTZ 4 23.10' S89 I J/7" J ��' P.I.N. 02 -06- 200 -003 �� 2651.03' `'� ffi � ic� (EXISTING ZONING A -1) 7/W + - _ /AA^�d/ _sue - . __ ILI •. ut ate - - RKVILL �' j /Aw euer h" � vsi PARCEL ?. QD O YI _Cx7x7�2 LGE NATIONAL BANK TH AT PART OF THf NEST HALF OF SECTION S, TOWNSHIP J7 iH NQR, RANGE 7, EASE OF THE Two Ql N OWNER: LASA NUMBER 116831 PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS TRUST COMMENCING AT THE SOUTHEAST CORNER OF THE P.I.N. mss ., 3 04- 300 -ODI . SOUTHWEST QUARTER OF SAto SECNON 5: THENCE NORTHERLY ALONG THE EAST LINE OF SAID East Line of the West 1 (EXISTING ZONING A 001 - s _ SOUTHWEST OUARTfR, 64 2.9J FEET TO A PANT WHICH IS 162.00 FEET SOUTHERLY OF THE 5 - 37 - 7 (PROPOSED ZONING B - 3) Nor to sect ' ORIGINAL CENTER LINE OF GALENA ROAD; THENCE NESTERLY ALONG A LINE NN /CH FORMS AN -- ---W est Line of the NW 1/4 ANGLE OF 102 DEGREES. 56 MINUTES 02 SECONDS TWIN THE LAST DESCRIBED COURSE, MEASURED CLOCKWISE THEREFROM, 100.00 FEET TO A POINT REACH IS 169.50 FEET, AS MEASURED PARALLEL 5 -37 -7 WN SAID EAST LINE, SOUTHERLY OF SAID ORIGINAL CENTER LINE. THENCE NORTHERLY PARALLEL WITH SAID EAST L6vE 169.50 FEET TO SAID ORIGINAL CENTERLINE FOR THE POINT OF BEGINNING• r TNfNCE NORTHERLY PARALLEL WITH SAID EAST LINE, 14.66 FEET TO' THE PRESENT CENTER LINE OF eA4774 9h4 fir. QMTA GALENA ROAD AS DEPICTED ON A PLAT RECORDED JUNE A 1964 AS DOCUMENT NUMBER /4519.X• O 09 THENCE WESTERLY ALONG S41D PRESENT CENTER LINE, 1,675.69 FEET TO A POINT OF CURVATURE VE � "� �' Pf1ER J. HUNKER P.E., GENERAL MANAGER OF LAND DEVELOPMENT THENCE WESTERLY ALONG SAID PRESENT CENTER LINE, BEING ALONG A TANGENnAL CUR W THE Q Si RIGHT HANNG A RADIUS OF 42,975.00 FEET, 9JJ 19 FEET,• THENCE WESTERLY ALONG SAID West Line of the SW 1/4 �� o o' 0?- (630) 553 -7560 1 PRESENT CENTER LINE, 64.12 FEET TO THE WEST LINE OF SAID SOUTHMEST fA/AR1ER, THENCE 5-37-7 Q � c� j CRAIG L. DUY P.L.S., SENIOR SURVEYOR NORTHERLY ALONG SAID REST LINE, 957.16 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST W P>- CRAIG (630) 553 -7560 OUARTM . THENCE NORTHERLY ALONG THE REST LINE OF THE NORTHWEST OVARTER Op SAID ° 'Z OWNER: MPLIVID. LLC C noN .X920 BB FEET TO POINT WHICH IS ?,Jiff 00 FEET SOUTHERLY OF THE NORTHWEST - 1 / 6 `L P.I.N. 02 - 05 - 400 - 003 c CORNER OF SAID NGWINREST QUARTER,• THENCE EASTERLY. 2,651.03 FEET TO A POINT ON THE ° Q�4 C �` (EXISTING ZONING A - �o j EAST LINE OF SAID NEST HALF WHICH IS 2,J26.70 FEET SOUTHERLY OF THE NORTHEAST CORNER (PROPOSED ZONING R - N OF SAID NORTHWEST QUARTER,• THENCE SOUTHERLY ALONG THE EAST LINE OF SAID WEST HALF 2.686.96 FEET Tin SAID ORIGINAL CENTER LINE, • THENCE RrSTERLY ALONG SAID ORIGINAL CENTER 64.12' LINE, 101.94 FEET TO THE POINT OF BEGINNING IN BRISTOL IONNSHIP, KENDALL COUNTY, ILLINOIS f I I , R= 42,975.00' L= 933.19' OWNER: MIDGO NORTHGATE L.L.G. - /1 P.I.N. 300 -003 v p,� POB PARCEL 2 (EXISTI NG ZON ZONING B -3) 177 g3, OWNER- SECOR, JAMES S do PAMELA A P,LN. 02 -05 -3110 -005 (EXISTING ZONING A -1) OWNER: AURORA BLCKTOP, INC. GRAPHIC SCALE P.I.N. 02- 05- 300 -006 (EXISTING ZONING A -1) i -500 0 250 500 1000 2000 L 1 ` \` ��1W 1111111 1 11 !'F h 11 fl 1 `/t/l/ j � /` ; tK F 1 20 ........ �} �.� ���i ( IN FEET ) PREPARED ON SEPTEMBER 22, 05 ` c�' � N 1 inch 500 it LV: CRAIG L.DUY'.� EXHIBIT B -2 (1) PREPARED Y: a 035..003359 ; � NEVVfiRk ZONING EXHIBIT NOTES: CRAIG I f ' ej ILLINOIS r' -��-D This mop was created for use o annexation exhibit. This mop is not / 4�� �.A W g TO THE UNITED CITY OF YORKVILLE to be used for any construction or stoking purposes without consent from ILLINOIS PROFESSIONAL LAND SURVEYOR �,,` )l.. .•••• ''��� ��� q En No. 3359 (EXPIRES: 11/30/06) �i�p Cl- 1�; ����� >` GALENA ROAD, WEST OF IL. RT. 4� a proper agent of Smith En ineerN assumptions Inc. /I / IUI(lffltllillttE • EAST OF ELDAMAIN • This l5 NO T n Pint of Su�Irev. No ossumpli0ns or agreements as to ownership, use, or possession can be conveyed from this document. • No underground improvements hove been located unless shown and noted. rTCleTOro DRAM WO DATE` PIIDm NM ►. M0. • No dm l be as sum ed by sealing. 9AILG3 030747,01 op is void w origi � • This map is void without Original embossed Or red colored seal and a C== or 1F71i fIICN 3 # 4 signature affixed. S a ao u A EXHIBIT B -2(2) DEPICTION AND LEGAL DESCRIPTION OF NORTHERLY PORTION OF R -2 CONVENTIONAL RESIDENTIAL PARCEL i CHOI/ 12439329.4 SMITH ENGINEERING CONSULTANTS, INC. a1vIL�aTRUC umL WGINKRa Rt AND SUWMO asO JOHN STIM PARCEL 3: YOWU& JOHN MW M - e6° -7M RI: Fur. 4W- 6W -W4• i THAT PART OF rHE NORTHWEST 114 OF SECTION 5 AND Z O NING X H I B I T '^ �^'"^o^�"°�°°°' '-"L, •'°^ "'^^"^•m°' i NORTHEAST 114 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE IWN x � p 013 P ONAL H Da61GN ri m / 184 --MIO 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS UNITED CITY O F YO R KV 1 L L E - ZWiy- 9- 22 -O&d v 050717 _ FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF SEC_ LION COUP. FU. PROPOSED ZONING - R - 2 PL017AE:STANOARO 5; THENCE EAST ALONG THE SECTION LINE 1331.4 F£ET,• NE CORNER OF TH KEW. R -7 GO THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 90 POB PARCEL 3 (2) NW QUARTER 5 -37 -7 -- - - -- - - DEGREES 7 MINUTES MEASURED FROM WEST TO SOUTH FROM NW CORNER 5 -37 -7 M,qp THE SECTION LINE, 2321.5 FEET; THENCE gyp(, q7' PI WESTERLY ALONG A BASH.A'1E ROAD IJ4 OJ L � r LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES, MEASURED FROM NORTH TO WEST FROM THE LAST. DESCRIBED -- COURSE, ; THENCE SOUTHERLY ALONG 5 028.7 FEET TO THE -�- "1" • -• '`�'- 1319.49' N89 °41'06 "E . ao 331.4 , ( -WEST LINE OF SECTION THE SECT /ON LINE, FORMING AN 1117.22 N .er d 47 r•m n • e ANGLE OF 89 DEGREES 27 MINUTES, MEASURED FROM EAST TO SOUTH FROM THE LAST DESCRIBED COURSE, 146.4 FEET; North Line of the NW 1/4 )HENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 North Line of the NE 1/4 5 -37 -7 DEGREES 58 MINUTES, MEASURED FROM NORTH TO WEST FROM 6 -37 -7 �•% 1 rr,T"t 4':�. °e Slre/doq 1lW3 .Eb.+mrv'n, THE SECTION LINE, 1553 FEET; )HENCE NORTHERLY ALONG A ` 3472 '7•i � a t .ao LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES, ,1 7147 ` �aJ MEASURED FROM EAST TO NORTH FROM THE LAST DESCRIBED VV E fi COURSE, 2461.1 FEET TO 7HE NORTH LINE OF SECTION 6; THENCE EASTERLY ALONG SAID NORTH LINE 1534 FEET TO THE Ui • RKVIL Th 1 �. POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART OF oWNER TRUSr NLi t ai exi BANK v d3 8 M 9 11 e= THE NORTHEAST 114 OF SECTION 6, TOWNSHIP 37 NORTH, P.I.N. 02 -05- 100 -001 (V 9 � !� ' RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING (EXISTING ZONING A -1) (PROPOSED ZONING R -2) O SOUTH AND WEST OF THE FOLLOWING DESCRIBED LINE; BEGINNING AT A POINT 1876.07 FEET SOUTH OF THE R �� OWNER: LASALLE NATIONAL BANK S NORTHEAST CORNER OF SAID SECTION 6. SAID POINT BEING o O WN E R: TRUST N MBER 1 833 � • �.� C P.I N ?02-05 400 -001 co s jam ON THE NORTH LINE OF THE LAND CONVEYED TO r P.I.N. 02 -06 -200 -002 O� N G (EXISTING ZONING A -1 0; - i COMMONWEALTH EDISON COMPANY BY DOCUME NT NO 00 (PROPOSED ZONING R -2) . 73 -2841 O~) (EXISTING ZONING A -I) ORE N Z o (PROPOSED ZONING R -2) Nor 110 sale - /' �j� �A - (TRACT f); THENCE NEST ALONG SA NORTH LINE 1133.17 WNER: BAILEY MEA )OWS V � O P.I.N. 02 -05 -200 -005 FEET TO A POINT OF INTE RSECTION WITH A LINE 415.0 FEET ; (EXISTING ZONING A -1) PERPENDICULARLY DISTANT EAST OF AND PARALLEL WITH THE g P 1 ?3 LO EAST LINE OF THE LAND CONVEYED TO EARL A AND EMMA V ,! s (i CMv KONICEK BY DEED RECORDED AS DOCUME NO. 136414 IN 5 I 6 GN99WG CON r4CT+ BOOK 126, PAGE 41; THENCE NORTH ON SAID PARALLEL LINE. re ALSO BEING THE EAST LINE OF THE LAND CONVEYED TO SAID a ' R J HUNKER P.C. GENERAL MANAGER OF LAND DEVELOPMENT PETER COMMONWEAL TH ED /SON COMPANY BY DOCUMENT NO. 73 -2841 W 553-7560 _ (TRACT 1), 1897.19 FEET TO THE NORTH LINE OF SAID CRAIG L. DUY P.L.S. SENIOR SURVEYOR SECTION 6 AND THE POINT OF TERM /NARON, AND ALSO <_ (630) 553 -7560 EXCEPT THAT PART OF rHE NORTHWEST 114 OF SECTION 5, a L 1322.46' CPi r TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL 1328.18' CALC � ^rr COMMONWEALTH Eo1soNRIGHr -oF -WAY 1133.17' - a. j " ' COMMONWEAL E I RIGHT-OF-WAY MERIDIAN MRIDIAN LYIN SOUTHER[ Y OF A LINE EXTENDED EASTERLY 9 COMMONWEALTH EDISON RIGH P.I.N. 02 -05- IGHT7 -OF -WAY 4 PREPARED F O R - FROM A POINT ON THE WEST LINE OF SAID NORTHWEST t14 COMMONWEALTH EDISON RIGHT - OF - WAY P.I.N. 02 -05 -100 -002 - OF SEC170N 5 WHICH POINT IS 1876.07 FEET SOUTH OF THE P.I.N. 02 -06- 200 -001 6r&L WEBB COMMUNITIES OF ILLINOIS INC. NORTHWEST CORNER OF SAID SEC17ON 5 TO A POINT ON THE OWNER: K. SCHULTZ � �T1.� - P.I.N. 02 -05- 100 -005 NORTH AND SOUTH CENTER LINE OF SECTION 5, WHICH POINT OWNER: K. SCHULTZ (EXISTING ZONING A -1) 2205 POINT BOULEVARD, SUITE 200, OUARTER CORNER OF lS 1828.85 FEET SOUTH OF 1HE NOR171 OWNER: K. SCHULTZ P.I.N. 02- 05- 100 -003 P.I.N. 02 -O6 -200 -003 i ELGIN, ILLINOIS 60123 SAID SECTION 5. ALL IN THE TOWNSHIP OF BRISTOL, KENDALL (EXISTING ZONING A -1) (EXISTING ZONING A -1) i1 1323.10' 889 °13'11'W , W COUNTY ILLINOIS, v PROJECT CONTACT: ALSO THAT PART OF THE NEST 11 OF SECTION 4, PART OF SEC11ON 4 PART OF THE NORTHEAST 0 OF SECNON 8 AND PART OF THE NORTHWEST X OF SECTION OWNER: MPLIVIO LLC P MR. MATTHEW CUDNEY 9, ALL IN TOWNSHIP 37 NORM, RANGE 7 EAST OF THE rHIRO PRINCIPAL MERIDIAN, DESCRIBED AS FOLLO BEGINNING AT THE POINT OF INTERSEC17ON OF THE P.I.N. 02 -05 -300 -003 °o PHONE: (847) 841-3583 CENTER LINE OF GALENA ROAD AS NOW ESTABLISHED ACROSS SAID SECTION 5 WITH rHE NEST LINE OF THE EAST H OF SAID SECTION 5. THENCE NORM 0 (EXISTING ZONING A -1) (p DEGREES 02 MINUTES 49 SECONDS NEST ALONG SAID NEST LINE , 267.xIJ FEET to A PANT 2J27.J4 FEET SOUTH OF ME NORTHEAST CORNER OF THE (PROPOSED ZONING R -2) FAX (847) 783 - 0875 NORTHNEST ,Y OF SAID SECAOIV 5,• THENCE NORTH 89 DEGREES J6 M/NU1f5 30 SECONDS NEST !321.10 F£ET,• THENCE NORM 0 DEGREES 02 mjNU1E5 JO 7 SECONDS EAST 2125:56 FEET 10 INE NORTH LINE OF SAID SECNDN A; THENCE SOUTH 89 DEGREES 41 MINUTES 06 SECONDS EAST ALONG SAID NORM LINE ti OWNER: LASALLE NATIONAL BANK 019.49 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST X OF SAID SECNDN 3; THENCE SOUTH 00 DEGREES 02 MINUTES 49 SECONDS EAST ALONG THE POB PARCEL 3 (1) N TRUST NUMBER 116633 WEST LINE OF SAID NORTHEAST X 1828.36 FEET; THENCE NORTH 89 DEGREES 08 MINUTES EAST J596.80 FEET TO ME CENTER LINE OF ROB ROY O /1M- THENCE CENTERLINE GALEENOAD P.I.N. 02 -04- 400 -001 TH SOU 0 DEGREES 22 MINUTES OJ SECONDS EAST ALONG SAID CENTER LINE 781.86 FEET; MENCE SOUTH 2 DEGREES 4J MINUTES 14 SECONDS WEST ALONG SAID I (EXISTING ZONING A -1) CENTER LINE 30001 FEET THENCE SOUTH 89 DEGREES 40 MINUTES EAST 29115 FEET; THENCE SOUTH 0 DEGREES 56 MINUTES 40 SECONDS NEST 24x28 FEET; . AND EAST LINE��fi�Ea . �, ;F (PROPOSED Z ONING R M -3 P.U.O.) THENCE NOR 89 DEGREES 14 MINUTES 01 SECONDS EAST 142&5/ FEET to THE EAST LINE OF THE NEST 1j OF SAID SECTION 4. THENCE SOUTH 0 DEGREES 02 SECT Ymw l�„ MINUTES 57 SECONDS EAST ALONG SA/0 EAST LINE 991.84 FEET; THENCE SOUTH 89 DEGREES 09 MINUTES 08 SECONDS NEST 174117 FEET 10 THE CENTER LINE \`4 \ U OF SAID ROB ROY DITCH; THENCE SOUTH 3 DEGREES 28 MINUTES 51 SECONDS WEST ALONG SAID CENTER LINE 137175 FEET THENCE SOUTH JO DEGREES 24 PREPARED ON SEPTEMBER 22. �i�,G. MINUTES 07 SECONDS WEST ALONG SAID CENTER LINE 600.81 FEET Tip THE CENTER LINE OF SAID GALENA ROAD; TH£NLE NORTH 7? DEGREES 44 M/NU1E5 WEST cc; 66 . � . CP110 L. ALONG SAID CENTER L /NE, JJ! &OS FEET Tip THE POINT OF BEGINNING - i-0 = GRAPHIC SCALE PREPARE Y: 035 -003'9 . -C EXCEPTING THEREFROM MAT PART OF THE NORTHWEST X OF SECNDN 5. TOWNSHIP J7 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH '- ':� moo o zso soo 1000 2000 OF A LINE EXTENDING EASTERLY FROM A POINT ON SAID WEST LINE OF THE NORTHWEST K WHICH POINT IS 1876.07 FEET SOUTH OF ME NORTHWEST CORNER OF d• '. NEWARK SAID SECTION 5 TO A POINT ION tHE NORTH AND SOUTH CENTER LINE OF SAID SECflON 5 WHICH POINT IS 182 8,85 FEET SOUTH OF SAID NORM OUARIER CORNER, � wt�' ' I "'i" ' ' `` � " ' " ■ " " ■ ' "' ' ' ' UINOIS . 'wti AND EXCEPT A STRIP OF LAND 205.00 FEET WIDE IN THE NORTHEAST J( OF SECTION 5 AND THE NORTHWEST X OF SECNON 4 TOWNSHIP J7 NORTH RANGE` 7 �i, /T v � ` CRAIG L. DUY / J '"••••• '' ti .� (IN FEET ) EAST OF THE THIRD PRINCIPAL MERIDIAN BOUNDED AND DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST JL OF SAID �• -6-0 f �. ��`�� SECTION 5 MfNCE SOUTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SEC17ON A A DISTANCE OF 182 &85 FEET TO THE NORTH LINE OF PROPERTY ILLINOIS PROFESSIONAL L D SURVE 1 inch = 500 ft. EXHIBIT B -2 (2) CONVEYED TO THE LASALLE NATIONAL BANK. AS TRUSTEE UNDER TRUST AGREEMENT DATED FEBRUARY 10, 1967, KNOWN AS TRUST Na J5913 RECORDED AS 3359 EXPIRES: 11/30/06 DOCUMENT NO. 154368 IN BOOK 152, PAGE 392 AS SAID NORTH LINE IS MOWUMENTED AND OCCUPIED HEREINAFTER REFERRED 1x7 AS LINE 'B". FOR M NO E POINT OF ( - - - • -- - - - - - - - ewwwG; THENCE EAST ALONG SAI LINE *8*. A DISTANCE OF J596.80 FEET TO ME CENTER LINE OF ROB ROY DITCH; THENCE SOUTHERLY ALONG THE CENTER LINE OF ROB ROY DITCH FORMING AN ANGLE OF 90 DEGREES 29 MINUTES 57 SECONDS TO THE RIGHT WITH ME PROLONGA 1101Y OF ME LAST DESCRIBED COURSE, ZONING E X H 1 B 1 T ' ! ?A DISTANCE OF 205.00 FEET TO THE INTERSECAON WIN A LINE 205.00 FEET PERPENDICULARLY DISTANT SOUTH OF AND PARALLEL WIN THE AFORESAID LINE B : NOTES: TO THE UNITED CITY O F YO R K V 1 1.!E THENCE NEST ALONG THE LAST DESCRIBED PARALLEL LINE A DISTANCE OF 359 &47 FEET TO THE NORM AND SOUTH CENTER LINE OF SAID SEC11ON 5; THENCE • This mop was created for use in a annexation exhibit. This map is not NORTH ALONG SAID NORTH AND SOUTH CENTER LINE 20102 FEET TO THE POINT OF BEGINNING; to be used for any construction or stoking purposes without consent from GALENA ROAD, WEST OF IL. RT. 47 a proper agent of Smith Engineering Consultants. Inc. EAST OF ELDAMAIN • This IS NOT o Plot of Survey No assumptions or ag {eements as to i, AND ALSO EXCEPT THAT PART or M£ WEST HALF OF SAID SECNDN 4 LYING EAST OF ME WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47, IN KENDALL COUNTY, ownership, use, or possession can be conveyed from this document. CIA in pWp�T M0. ILLINOIS • No underground improvements hove been located unless shown and noted. L JA 1111=11411 W 8Y, Min 05074201 ' AND ALSO EXCEPT THAT PART LYING EAST OF THE WEST LINE OF THE EAST HALF O' SAID SECTION 5, IN KENDALL COUNTY, ILLINOIS NO distance should be assumed by scaling. a �� lIOR ■�T Na This mop is void without original embossed or red colored seal and a I' . SW signature affixed. A CHEM= BVI MW. MUM 4 OF 4 a CLa N/A EXHIBIT C DEPICTION AND LEGAL DESCRIPTION OF B -3 COMMERCIAL PARCEL CHOU 12439329.4 SMITI� EN � I uc N ru E R E AIL "GINU SURRVUON INC. 7W JOKY Vff= - YOYI UM. IWY01 00M S _ Z O ICI I ICI G EXHIBIT �Y: �_�_7,� I'm �_,�_�,• mrmllArrylnuMU•.mm L -YAIL• 9m49mINn,dnrn,y.mm . Y<YOIRY .HUYIIEY .YORYYIMB UNITED CITY O F YO R K V 1 L L E liuuas PRO aIO"AL o681Gp " us4 0 11 e COUP. nLE: 050742 -Zwbg- 9 O.ia.9 - PLOY PROPOSED ZONING - B-3 WEW 6 FI LE. Sd voAa fY: -J G LOCA7KJV1/ MdP FRMECT I( AREA U - o Westerly Right of Way o N "d J dm. a j of IL. Rt. 47 LaSalle r7�23 p ' + <,, Barbara Trusf N . rrr.oel Eh /ld OWNER: LASALLE NATIONAL BANK S/,Udoq 1l44,i! - TRUST NUMBER 116833 , /3G72 .f6srnnnz - = S89 °50'1 4 "W 10.00 \\ ( EX STING ZONING A -1) W �� E ' ' 3 v 71,F7 9 /�6L \ c ' - (PROPOSED ZONING B -3) �� = L az S00 °09'46 "E 71.20 -- PARCEL 4. S87'52'41 "W 22.10' o d.g � ,1 wl a � [Mp<99Gr THAT PART OF THE SOU)NNEST ,l; OF SAID SEC110N 4 AND PART OF IHf 156.53' N OWNER: LASALLE NATIONAL BANK o „ - Ne n r"•J .07 a� e SOUTHEAST X OF SAID SECTION 5, ALL IN TONNSHIP J7 NORTH, RANGE 7 EAST OF TRUST NUMBER 116833 y:0. Rtiv/ (e7s7s) ,'fi THE THIRD PRINICIPAL MERIDAN, DESCRIBED AS FOLLOWS; BEGINNING AT THE POINT P.I.N. 02 -04- 400 -001 677.79 r ,/� OF IN IERSECDON OF THE CENTER LINE OF GALENA ROAD AS NOW ESTABLISHED AND (EXISTING ZONING A - 1) a $,S Q , N ., IHE,CENTERLINE OF ROB ROY DITCH. • IHENCE NORM 72 DEGREES J9 MINUTES 48 (PROPOSED ZONING R -3 P.U.D.) S .F.rFCO.NOS WEST ALONG SAID Cfkl£RLINE OF GALENA P.OAD, 85259 FEET; THENCE NORTH 21 DEGREES 40 MINUTES 49 SECONDS EAST, 691.91 FEET. • THENCE NORTH 16 y 1 DEGREES 20 MINUTE'S 26 SECONDS EAST, 928.85 FEET,• THENCE SOUTH 85 DEGREES ;^ Ivor FO scKf 17 MINUTES 15 SECONDS EAST, 677.79 FEET TO THE CENTERLINE OF SAID Roo ROY j O/TCH; IHENCE SOUTH OJ DEGREES 28 MINUTES 5f SECONDS NEST ALONG SAID G� CENTERLINE OF ROB ROY DITCH, 1217.09,• THENCE SOUTH J0 DEGREES 24 MINUTES CO 07 SECONDS NEST ALONG SAID CENTERLINE OF Roo ROY DITCH, 600.81 FEET TO THE a r n I POINT or BEGINNING Sim aVj2r11EW3G C:M"CTr - 0 OWNER: LASALLE NATIONAL BANK to — TRUST NUMBER 116833 � - 00 PETER J. HUINKER P.£., GENERAL MANAGER OF LAND DEVELOPMENT P.I.N. 02 -04- 400 -001 C N - (EXISTING ZONING A -1) Cl) (6J0) 553 -7560 (PROPOSED ZONING a -3) •0 CRAIG L. DUY P.L•S.. SENIOR SURVEYOR ` (630) 553 -7560 [U O V e 0FL OWNER: E L.L. - - NORTHGA7$ L.L.C. C r �O 1 ` P.I.N. 02 -04 -300 -003 r R E PA R E E) FOR: (EXIS ZONING B-3) DEL COMMUNITIES OF ILLINOIS, INC. 6�` o 2205 PO INT BOULEVARD, S UITE 200, 32 °° ELGIN, ILLINOIS 601 PROJECT CONTACT: MR. MATTHEW CUDNEY 8 52.22, ,o� PHONE: (84'3) 84'I -3583 = OWNER: OCEAN LAN TIC NLIAGE - FAX: (847) 7 83.0875 _ EAN ALAN ` P.I.N. 02 -05- 400 -005 - - (EXISTING ZONING R -2 & B -3) - j POB PARCEL 4 GRAPHIC SCALE 23, ON S EPTEMBER �` F -Soo 0 250 soo 1000 2000 PREPARE N-; Gel•` I ,Iq w I ul�i dui.l -w Y. . :. uhuW w Iii PREPARE Y: :`=, ^I 1, ,,,i.< / �. 01 0 " 9 t- (1N FEET) EXHIBIT C -1 j -� - 1 inch - 500 ft. CRAIG L. DUY • .. •.. i ZONING EXHIBIT ILLINOIS PROFESSIONAL LAN SURVE' ��,I�`.`•��'••••••• °'•�e������� I i NOTES: . • . •This mop was Created for use in o annexation Exhibit. This mop i5 not I,.,. � ti:..- ; construction or stWn NO. 3359 (EXPIRES: 11 /30/06) TO THE UNITED CITY OF YORKVILLE to be used for on ltul 1 Y g purposes without consent from ; }�ttt: GALENA ROAD, WEST OF IL. RT. 4� a proper agent of Smith Engineering Consultants, Inc. EAST OF ELDAMAIN • This IS NOT o Plot of Survey. No assumptions or agreements as to ownership, use, or possession can be conveyed from this document. • No underground improvements hove been located unless shown and noted. DA l J. 9/7l�W • No distance should be assumed by sealing. JTL 050742.01 7 W. N� BOMB !IFFY NM •This mop is void without original embossed or red colored seal and •4 pm® W. 1�RG i OF l signature affixed. ... .. •.. .. _ . .. .... N a A EXHIBIT D CONCEPT PLAN FOR SUBJECT PROPERTY CHOI/ 12439329.4 Maim 1111',LANDSCAPECAEFFE 24=2 VIIErRCAD Q., bi '51 N74 ' a R OI!PCIRTIUNITY FOR ATTACHED MODELS.'ACRO§S FR OM .!E MOD EL � PARK .n . .,;F' RMq P. l ; ti 0 TEHAIPIA VIEWS INTC)� MODEL PARK ;LOCATED ICINITY MAP 0 A0 664i 'LdbKWClXA Y lo GXA 0 a 0:17 1 1 ii 1� _T iMUWW-10!�BERA WIT r .,A I i _4"H.64 " NIEWWAT ipe �:VWGI�Vw BUFFEWALON610ROUITI! R : �' . a ES)fRQVJD - 13 � ogai:YlEUys�a;PROyowa��rilc IiMiLANDSCA 0AW'r4"045 PRIUARY.cQMMUNlTvTF RqUTIE FU TURE L.. T rt: I ID USE SUMMARY i I AG21 Itl ICRE3 Mrs MWf T Oill '40f7JlAI.9RF.S :7,:L :4 U11'7' i5 WX rig m WTS r9 GVC 11 513 Ac n ult's 17 Not: wl K sit IfibTs 43 CuAc 341 clxiataa t 511A. 0 1 15M)LANDSO We. 0;9141FACE R4 AC I fPFPR WEN 101 1 .11 At SECONI 0 Ac 913 =­AL AUK oil Mrs Is llui ATIOlklijillET tO cam 5Q2 P WEEN COWMONAL g.fgl: KA Es Ws rf. I "Ce'31' q I v" 0 F '.4 Zs z atux: vs I • .' - = N 't" 4 d 152m �A y ,Tg NL' I'LINKING- NEIGHBORHOPEk§ SFAr-- Ac. k&NITY"C6 DqW0. 3on &4110 E UAC. mars ??Qihlc smw 9_2 r___ �w DRAM V 20 1C. Q7S WTS U UM _ MIT PACE Tor"! AT V 7 U YEN ARY ENTRY, lie ! 9� +�[/ �'!J�' CONCEPT PLAN Im 6 Scale: s" =800' SEC Planning Consultants YORKVILLE PROJECT NORTH Date: August 19, 2005 PULTE HOMES ease mapping Ixumpl "a ftm ba�tavmadbw Intonation. All Map data trr should be =njeaeled as pinfluntlany, to need of W011=110n. and YORKVILLE, ILLINOIS subject t c Thi la plan is wncephaol In natum and does net Plan Is subjw to change. EXHIBIT E PRELIMINARY PUD PLAN FOR AGE - RESTRICTED RESIDENTIAL PARCEL CH01/ 12439329.4 gAAAgAqp 9A0gG0.7PGmgA c� �r�rjcac�nn�c I � _ . _ �Lt �.I�, . f 91 . d pr � �¢Ti �� � �� j� ,� � '��i � � t� � �. v, � � fir ����k _ - �� ,. - �l,;,y..,>; `a� '� rA� < Y � �e � al! , � � b►mi, n® ������ ��7a `,,1 '�`7 � e .3�.11�, � ����:` ='• .'•1111 OF� SOON' S - �.!Irr„n," I .s� y�. r � I I•�.ia�i �i� 'e eS��rl I'�`.YiCdtlE�FiIL�� a�y �g ♦�. — _ ��, ontl� FAD IVA tz w I � r �." — I �• ;;�rf� ����� n ,.� i� � c��� r f � 4 I , -�,o :y ::;4 � — '_�����I I�� ®� I��� ` r — • ci� "�' riff • "1 ' i � �.F �� aryWc ii �� .fir EXHIBIT F LIST OF VARIATIONS FOR AGE - RESTRICTED RESIDENTIAL PARCEL (For PUD Plan in Exhibit E) Lot Width Lot Depth Lot Size Front Setback Side Setback Side - Corner Setback Rear Setback Right of Way Width Sidewalk Width Centerline Radius Lot Width Lot Depth Lot Size Front Setback Side Setback Side - Corner Setback Rear Setback Right of Way Width Curb and Gutter Type Sidewalk Width Centerline Radius City Ordinance R -3 Single Family Detached 70' n/a 9000 sf 30' 10' 20' 30' 66' 5 ' 100' City Ordinance R -3 Single Family Attached 90' n/a 9000 sf 30' 10' 20' 30' 66' B 6.12 5' 100' NH 2, 4, 5, and 9 R -3 PUD Premier Lots 65' 110' 7150 sf 20' 5' 20' 20' 60' 4' 45' (Eyebrow Intersections Only) NH 1,3,8 and 10 R -3 PUD Classic Lots 50' 110' 5500 sf 20' 5 ' 20' 20' 60' 4 ' 45' (Eyebrow Intersections Only) NH 6 and 7 R -3 PUD Duplex 39' or 78' combined 111' 4329 sf or 8658 sf combined 20' 5 ' 10' 20' 46' M 3.12 4' 45' (Eyebrow Intersections Only) CHOI / 12439329.4 EXHIBIT G LIST OF CURRENT CITY BUILDING CODES 2000 International Building Code (Ord. 2003 -01) with three amendments: (i) Stair height and risers (Ord. 2003 -08) (ii) Energy Code (Ord. 2003 -05) (iii) Sprinklers on two or more attached residential units (Ord. 2003 -008) CHOI / 12439329.4 EXHIBIT H -1 FEE SCHEDULE FOR AGE - RESTRICTED RESIDENTIAL PARCEL CHOI/ 12439329.4 Age Restricted Residential Parcel FEES PER UNIT A paid receipt from the School District Office, 602 -A Center Parkway Yorkville, must be presented to the City prior to issuance of permit see note "d" below $0 Separate Yorkville - Bristol Sanitary District fee - made payable to Y.B.S.D. $1,400 United Citv of Yorkville Fees 1. Building Permit Cost $650 plus $0.20 per square foot $650 + $0.20(SF) 2. Water Connection Fees SF and DU $2,660 2+ Bed Att $2,280 3. Water Meter Cost Detached Units $250 Attached Units $325 4. City Sewer Connection Fees $2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks /Driveway Inspection Fee $35 7. Development Fees Public Works see note "c" below $300 Police $300 Building $150 Library $500 Parks & Recreation $50 Engineering $100 Bristol - Kendall Fire $1,000 Development Fees Total $2,400 Age see note Restricted Age Restricted 8. Land Cash Fees "a" below Apartment Townhome Duplex Single Family Park N/A N / A $1,440 $1,440 School N/A N/A N/A N/A Land -Cash Fees Total $0.00 $0.00 $1,440.00 $1,440.00 9. Road Contribution $2,000 10. County Road Fee $1,000 11. Weather Warning Siren Fee see note "b" below $75 /acre 12. Rob Roy Creek Flood Study see note "g" below $22,200 Note: PUD agreement specifies that these fees are to be discounted a. For upfront land -cash donations figures, please refer to "Land- Cash" worksheet b. $75 per acre due at final plat. c. $400 ($243,000) of PW fee is being taken out due to the private roads within the development d. Separate agreement between School District and Owner /Developer e. 50% of Library Fee ($250 /unit) to be paid at final plat f. 50% of Bristol - Kendall Fire Fee ($500 /unit) to be paid at final plat g. To be paid at final plat EXHIBIT H -2 FEE SCHEDULE FOR CONVENTIONAL RESIDENTIAL PARCELS CHOI/ 12439329.4 Conventional Residential Parcel FEES PER UNIT A paid receipt from the School District Office, 602 -A Center Parkway Yorkville, must be presented to the City prior to issuance of permit Separate Yorkville - Bristol Sanitary District fee - made payable to Y.B.S.D. United Citv of Yorkville Fees 1. Building Permit Cost $650 plus $0.20 per square foot 2. Water Connection Fees SF and DU 2+ Bed Aft 3. Water Meter Cost Detached Units Attached Units 4. City Sewer Connection Fees 5. Water and Sewer Inspection Fee 6. Public Walks /Driveway Inspection Fee 7. Development Fees Public Works $700 Police $300 Building $150 Library see note "b" below $500 Parks & Recreation $50 Engineering $100 Bristol - Kendall Fire see note "c" below $1,000 Development Fees Total $2,800 8. Land Cash Fees Apartment Townhome Duplex Park N/A N/A N/A School N/A N/A N/A Land -Cash Fees Total $0.00 $0.00 $0.00 9. Road Contribution 10. County Road Fee 11. Weather Warning Siren Fee see note "a" below Note: PUD agreement specifies that these fees are to be discounted $3,000 $1,400 $650 + $0.20(SF) $2,660 N/A $250 N/A Age Restricted Single Family $2,174 $ 4,780 $6,954.04 $2,000 $25 $35 $2,000 $1,000 $75 /acre a. $75 per acre due at final plat. b. 50% of Library Fee ($250 /unit) to be paid at final plat. c. 50% of Bristol - Kendall Fire Fee ($500 /unit) to be paid at final plat. EXHIBIT I SCHOOL CONTRIBUTIONS Conventional Residential Parcel OWNER/DEVELOPER shall pay to Community School District No. 115 the amount called for as the Land/Cash Donation for schools in the Subdivision Ordinance of the City as of the date of this Annexation Agreement. In the event District No. 115 accepts the donation of the any portion of the 15.2 acres designated as a school /park in the Concept Plan, or such lesser amount, OWNER/DEVELOPER shall be credited toward the Land/Cash payment with the sum of $80,000 multiplied by the number of acres donated. OWIVER/DEVELOPER shall also pay School District No. 115 the Transition Fee of $3,000 per dwelling unit currently set forth in Ordinance No. 2002 -04 in the manner provided in the Ordinance. No other payments or contributions shall be sought or payable to schools. Ate- Restricted Residential Parcel OWNER/DEVELOPER may enter into a separate agreement with Community School District No. 115 in lieu of transition fees. Land cash calculation is zero based on prohibitions of school aged children living in the Age - Restricted Residential Parcel. CHOI/ 12439329.4 EXHIBIT J PARK CONTRIBUTION Conventional Residential Parcel OWNER/DEVELOPER shall pay to the Yorkville Parks and Recreation Department the amount called for as the Land/Cash Donation for parks in the Subdivision Ordinance of the City as of the date of this Annexation Agreement. In the event Parks and Recreation Department accepts the donations of the any portion of the 15.2 acres designated as a school/park in the Concept Plan or the 5.0 acres designated as a park site adjacent to the proposed park site in the Bailey Meadows Development, or such lesser amount, OWNER/DEVELOPER shall be credited toward the Land/Cash payment with the sum of $80,000 multiplied by the number of acres donated. The final division between the land and cash portions shall be determined at the time of final plat approval for that phase of the development. No other payments or contributions shall be sought or payable to the Parks Department. Aize- Restricted Residential Parcel OWNER/DEVELOPER shall pay to the Yorkville Parks and Recreation Department the amount called for as the Land/Cash Donation for parks in the Subdivision Ordinance of the City as of the date of this Annexation Agreement, using the figure of 1.8 adult persons per dwelling unit to calculate the population of the Age- Restricted Residential Parcel. The Rob Roy Creek Regional Path will run on the eastern side of the property. Once the location and acreage of that path is finalized during the final platting process, the OWNER/DEVELOPER shall be credited toward the Land/Cash payment with the sum of $40,000 multiplied by the number of acres donated. All Land/Cash donations for the Parks Department shall be used by the City solely for facilities that benefit senior citizens. CHOI/ 12439329.4 EXHIBIT K SIGNAGE On -Site Signs shall include the following: 3 sets of the following (one each for the North Conventional, South Conventional and Age- Restricted Residential Parcels): 6 Community ID Signs 20 x 10 ft. illuminated Double -faced 6 Directional Signs 6 x 4 ft. Double -faces or A -Frame type (5 x 3) And 2 sets of the following (one each for single - family and multi - family): 1 Information Center Sign 3 x 4 ft. Double -faced 9" x 16" DF Hours Panel 1 Guest Parking Sign 3 x 4 ft. Double -faced 10 USP Signs 2 x 2 ft. Double -faced *Always include Pulte Mortgage and Pulte Warranty Info 1 Model ID Sign per Model 7 x 24" Double -faced 3 Flag Poles Illinois Flag US Flag Pulte Flag 8 Open Flags 1 Awning Off -site signs within United City of Yorkville are subject to City approval. Monument signs are subject to City approval. The attached renderings are illustrative of size and information. Specific design details may change and are subject to approval. CHOI/ 12439329.4 „�. kk so W0 , n � ��° M "I . i 1 1 I f, P ar ki ng 1 1 9 _ front _ — front - back back 7" x 24" Model 2x2ft double faced 3x4ft double faced 3x4ft double faced ID Sign Information Center Sign Information Center Sign USP signs s : : . x ,, �. w_..._ _,.. -. . Fa 11I 'y11I r I OO 866-TVIY-PUL L866-MY-PULTE � Directional Copy Directional �Coi�y r 6x4ft double -faced — 1 - .,. A -Frame 6x4ft double -faced - Directional Sign 20x10ft double -faced Community ID sign EXHIBIT L FORM RECAPTURE AGREEMENT CHOI / 12439329.4 EXHIBIT L RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ( "Agreement ") is made and entered as of the day of , 2005, by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ( "City ") and PULTE HOME CORPORATION, a Michigan corporation ( "Developer "). RECITALS: A. Developer is the owner and developer of that certain real estate development located within the corporate limits of the City and commonly known as Autumn Creek Subdivision ( "Subdivision "). B. Developer and the City have heretofore entered into that certain Annexation Agreement dated , 2005 ( "Annexation Agreement ") pertaining to the annexation and development of the Subdivision within the City. C. Developer desires to recapture and allocable share of the costs of constructing certain of the public improvements for the Subdivision ( "Recapture Items ") which will provide benefit to other properties (`Benefited Properties "), from the owners of the Benefited Properties ( "Benefited Owners "). D. Developer and the City are desirous of entering into this Agreement to provide for the fair and allocable recapture by Developer of the proportionate costs of the Recapture Items from the Benefited Owners, subject to the terms and conditions set forth in this Agreement. NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as follows: 1. RECAPTURE ITEMS. The Recapture Items, being elements of the public improvements to be constructed as a part of the development of the Subdivision, are identified in Attachment "A" attached hereto ( "Recapture Schedule "). The Recapture Schedule identifies each Recapture Item and the estimated cost to construct each Recapture Item ( "Estimated Cost "). Developer shall cause each of the Recapture Items to be constructed in compliance with the provisions of the Annexation Agreement and to be accepted and conveyed to the City in accordance with applicable ordinances of the City. 2. BENEFITED PROPERTIES. The Benefited Properties are legally described in the Recapture Schedule attached hereto as Attachment `B ". Each parcel of real estate contained within the Benefited Properties is referred to herein individually as a `Benefited Parcel ". There are a total of ( ) Benefited Parcels as identified in the Recapture Schedule. CHOI/ 12422709.1 3. RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the City have determined will benefit a Benefited Parcel and the prorata share of the Estimated Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the Recapture Schedule. The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture Items allocable to a Benefited Parcel is referred to herein as the "Recaptured Costs ". The Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture Schedule. Interest shall accrue on the Recapture Costs for the benefit of Developer at the rate of percent (_ %) per annum from the date the Recapture Item is completed by Developer until the Recapture Cost is paid. All references to Recapture Costs herein shall include accrued interest owned thereon. 4. COLLECTION OF RECAPTURE COSTS. The City shall assess against and collect from the Benefited Owner of a Benefited Parcel, or any portion thereof, successors and assigns, the Recapture Cost, calculated under Paragraph 3 of this Agreement for such Benefited Parcel. At such time as a Benefited Owner, or its agent or representative, annexes and/or subdivides a Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a larger parcel of land, or applies to the City for issuance of a permit for connection to all or any of the Recapture Item by the City until such Benefited Parcel has fully paid the applicable Recapture Costs, owed by such Benefited Parcel under this Agreement. 5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the City pursuant to this Agreement shall be paid to Developer, or such other person or entity as Developer may direct by written notice to the City, within thirty (30) days following collection thereof by the City. It is understood and agreed that the City's obligation to reimburse Developer shall be limited to funds collected from the Benefited Owners as provided herein, and payments made hereunder shall be made solely out of said funds. This Agreement shall not be construed as creating any obligation upon the City to make payments from its general corporate funds or revenue. 6. CITY'S OBLIGATION. The City and its officers, employees and agents shall make all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each Benefited Parcel. Neither the City nor any of its officials shall be liable in any manner for the failure to make such collections, and Developer agrees to hold the City, its officers, employees and agents, harmless from the failure to collect said fees. In any event, however, Developer and/or the City may sue any Benefited Owner owing any Recapture Costs, hereunder for collection thereof, and in the event Developer initiates a collection lawsuit, the City agrees to cooperate in Developer's collection attempts hereunder by allowing full and free access to the City's books and records pertaining to the subdivision and/or development of the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the City and any of its agents, officers or employees is made a party defendant in any litigation rising out of or resulting from this Agreement, Developer shall defend such litigation, including the interest of the City, and shall further release and hold the City harmless from any judgment entered against Developer and/or the City and shall further indemnify the City from any loss resulting therefrom, except to the extent such loss results from the grossly negligent or willfully wrongful act or conduct of the City or any of its agents, officers or employees. 2 CHOI/ 12422709.1 7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in this Agreement shall limit or in any way affect the rights of the City to collect other fees and charges pursuant to City ordinances, resolutions, motions and policies. The Recapture Costs provided for herein for each Benefited Parcel is in addition to such other City fees and charges. 8. TERM. This Agreement shall remain in full force and effect for a period of twenty (20) years from the date hereof, unless sooner terminated by the mutual agreement of the parties hereto or by the completion of all duties to be performed hereunder. In the event no portion of a Benefited Parcel is a part of a subdivision approved or recognized by the City and no connection permit as aforesaid is issued by the City of such Benefit Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. (a) Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. (b) Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Developer and any successor municipal corporation of the City. (c) Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. (d) Recordation: A true and correct copy of this Agreement shall be recorded, at Developer's expense, with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. (e) Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty -four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, 3 CHOI/ 12422709.1 registered or certified mail, postage prepaid, return receipt requested, and addressed as follows: If to CITY: United City of Yorkville 800 Game Farm Road Yorkville, IL 60540 Attn: City Clerk Tele: (630) 553 -4350 Fax: (630) 553 -8330 With a copy to: United City of Yorkville 800 Game Farm Road Yorkville, IL 60540 Attn: John Wyeth, Esq. Attorney for United City of Yorkville Tele: (630) 553 -4350 Fax: (630) 553 -8330 If to DEVELOPER: Pulte Home Corporation 2250 Point Boulevard Suite 401 Elgin, IL 60123 Attn: Brian M. Brunhofer Tele: (847) 841 -3500 Fax: (847) 783 -0875 with copy to: Gardner Carton & Douglas LLP 191 North Wacker Drive Suite 370 Chicago, IL 60606 -1698 Attn: Charles L. Byrum Tele: (312) 569 -1222 Fax: (312) 569 -3222 (f) Severabilitv: The invalidity or unenforceability of any of the provisions hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the validity or enforceability of the remainder of this Agreement or the charges imposed hereunder. (g) Comulete Agreement: This Agreement contains all the terms and conditions agreed upon by the parties hereto an no other prior agreement, excepting the Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist to bind the parties. This Agreement shall be governed by the laws of the State of Illinois. 4 CHOI/ 12422709.1 (h) Captions and Paraf?ranh Headinjzs: Captions and paragraph headings incorporated herein are for the convenience only and are not part of this Agreement, and further shall not be used to construe the terms hereof. (i) Recitals and Exhibits: The recitals set forth at the beginning of this Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and made a part of the substance hereof. (j) Enforceabilitv: This Agreement shall be enforceable in the Circuit Court of Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure the performance of the covenants herein contained. {SIGNATURE PAGE TO FOLLOW} CHOI/ 12422709.1 IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. DEVELOPER: PULTE HOME CORPORATION, a Michigan corporation By: Its: And By: Its: CITY UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Its: Mayor ATTEST: By: Its: 6 CHOI/ 12422709.1 EXHIBIT M COMMON FACILITIES FOR AGE - RESTRICTED RESIDENTIAL PARCEL CHOI/ 12439329.4 y.- SMITH ENGINEERING CONSULTANTS, INC. - rnrVSrwcnnut mcoeevu xm soxvFVOxs :;I, •`I'.•%:u°!I.L �.`.4ia.:,yy!n uar a •• �.r.I,;F_ ....o.e•.,.r•� a -re, ....r.u.xr...r..� , . .� 4 � � �' � �� �� 1I r aI �I SpI1 1� II r� 6 �}° v a ��.� �'� � \ 1 � 1. a £,. �r, wnr°n Wmramoxu ommr rrx� / ra. -oxa°e tOI. rtC OmSrsN•r6v- tea -S�FM , ' a'�u" •, ,' - �-.,, y ya M xe .err .rn.ra _ �' � •\ a a jh /r� x rm mlm Wx xn x I�I' ,6•, "x &here c5xa�; In �I'r a - �4' + �Eloi; r �tE—;: � `` '` e m ^ r �" ' r ` � P '4L / m I y n ° u x W n e • I a - __ Y YB °n n • +V n S x ' �� a .4� , ,, Y9 ', 1l S ,i'r4 4 �. 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I orFOxn .r: I srnr. sexc r I EXHIBIT N PERIMETER ROADS FOR WHICH DEVELOPER HAS RESPONSIBILITY CHOI/ 12439329.4 r K t L. I M I N A K Y !" . U . L) . r L.A 1 OC I LAN s mrrHH G ZEER1aG�MNSuLT NTS, INC. SCHOOL DISTRICT: YORKVILLE CUSD ,II 15 FIRE DISTRICT: BRISTOL - KENDALL FIRE D W E B B Y O R K V I L L E — PROTECTION DISTRICT R p;, y „,„ �° nuxrR noars9olYt /maI Im / rw -emlm o.a:ym tlmae PROPOSED ZONING R - 3 P.U.D. w _ •D+Iwa sD.ww.'waI nu, e a�w. 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RKIRNMr I.ua RLtx ° Ral ° ,m ' Imfl ` • •) \ atl I . ` y •° m W I 1 11 RRORY,'AR 10 R Sruxm aam) � AA49JTr CENnER SITE DATA'' B w [ iA ARU nAx wr Sim Al AMM m I savAtr w me xmrKAZr — 0 u A t I 1 "ixL I ,1 \ q mw ° arRawc r0°r rRxe (ramo a yn nJ GRAPHIC SCALE NEA0MU Or A RRR OA4tRr o s wWER RR r7) OR I] 1 PPP 1 r M[ CAS' SAr Y R2 IJ AAn AMTawARL19))!L[n - a a lr (1 II `\ `' • SrA 6 l.Id r d• Rl'dL.•R "ARRRN SI e. IJ/ ' seurKRLT d Oa WWASI LaMrR Dr M01LR)E •Na RDxRe • NYRI LOTO ,, f ° / I. •• w l ' .. \' w xnxl/OI NAIL/nM LLS / CL[NRM mAJO' (xOLa JsJ ' � " u LOT/ •] o W • mss HtlRLR w slA . rxs �w r of a . swD w+ w N ;KrAsr lti, ff viols •• n •+ lr / 0 n� • riflGt PA a ROM as Ra wma a DALMA -o 01[11 rK Rm ROY m[CR X RAR M. RAa Mr m001em F n[xLnwv IJL+I' (N010 ») lGasO+4L vs +Ra A rx• ws /m,apr pWrm N' ro tl mwr + b ry rlpfaL oARrwc LM. ras• 1J m4Rx•umy .. ? ro Rr . 7 PRBPNNART PAID. PLAT E PLAN 1 M? NW (GFEG13,376,OS. EED ` A \ $ N o7+Xw.r' R .oramr OVERALL LIM aww•rOARr IRa' MVARED R+ RPIFY/G 1. 30DO (0 b OIS CALL .t/LIE I- 800 - 892 -012J _ - - _ 1 a�o ra ROrr d Mr tK RWMCD •r: [�ap xn•I] tlK OXY ` 't' DIN R mT. I OR1C YRO.CCi N6 ( cwt L mr M a82,3y � )y • �tlm urt ml'•p .as mn >.D.s nD I m 4mAa ua x(nras an°rcia°xR( LRxD snLS,Dx m""°' """° a•Sy ` yp Dar •r — xw:iitL@ gacr xa rYr >m' F� r r�Nwwl _- rAscwwr L"a N°. 1VR (ME& K/]ONaI mow m r ►p w Ni°xv N awK,Y( ON M Im: •RRT aGLC t _- _ .. - ..w �,.,_�•M/im•• •••�• y All I n/ EXHIBIT O PULTE ANTI - MONOTONY POLICY CHOI/ 12439329.4 Streetscape Criteria I. Single Familv Detached Communities a. The following criteria apply to homes on straight or curved streets, cul -de -sacs and corner lots. 1. No house shall have the same conf;¢»rstinn that is within one (1) house on either side or on any house directly across the street from the subject house. Additionally, the house directly behind a corner subject house is included in these criteria. 2. No house shall have the same color package that is within one (1) house on either side or on any house directly across the street from the subject house. Additionally, the house directly behind a corner subject house is included in these criteria. NOTE: NO HOUSE SHALL HAVE THE SAME SIDING OR BRICK COLOR (PER #2 ABOVE) ADJACENT TO ONE ANOTHER. II. Single Familv Attached or Multi Familv Communities a. Prior to sales, the Division President will predetermine the criteria. III. Definitions a. Configuration — a combination of product type, elevation, exterior fenestration (siding or stone), and color package. b. Color Package — a combination of siding, stone, trim/gutter, accent, and roof colors incorporated into the exterior color fenestration of a single house. PLEASE SEE THE FOLLOWING PAGES FOR EXAMPLES OF EACH CASE. ■ = Subject House ® = Restricted Configuration /Color Package ■ = Subject House ® = Restricted Configuration /Color Package M I 4 L- d L- w m H7 h7 N F�. HI mi A 7 r-p ■ = Subject House ® = Restricted Configuration /Color Package L- L- L-d