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City Council Packet 2005 09-27-05 ,c*,DCITO United City of Yorkville J * , ' = 800 Game Farm Road 1836 Yorkville, Illinois 60560 t9 C Telephone: 630-553-4350 Fax: 630-553-7575 .74CE ‘ '‘' AGENDA CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 7:00 PM REVISED 9/27/05 Tuesday, September 27,2005 Call to Order: 7:00 p.m. Pledge of Allegiance: Roll Call by Clerk: WARD I WARD II WARD III WARD IV Paul James Valerie Burd Marty Munns Joe Besco Jason Leslie Dean Wolfer Wanda Ohare Rose Ann Spears Establishment of Quorum: Introduction of Guests: Amendments to Agenda: Committee Meeting Dates: Public Works Committee Meeting: Ad-hoc: Technology Committee 7:00 p.m., Monday, October 3, 2005 To be Announced City Hall Conference Room Economic Development Committee: 7:00 p.m., Thursday, October 20, 2005 City Hall Conference Room Administration Committee Meeting: 6:30 p.m., Thursday, October 6, 2005 City Hall Conference Room Public Safety Committee Meeting: 6:30 p.m., Thursday, October 13, 2005 City Hall Conference Room Presentations: 1. Certificate of Recognition to Ian Christian City Council Meeting Agenda September 27, 2005 Page 2 Public Hearings: 1. Corneils Crossing, LLC, and Standard Bank&Trust Company, as Trustee, UTA dated September 15, 2003, known as Trust No. 17903, petitioners, request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville R-2 One-Family Residence District and for hearing as to the Annexation Agreement of Petitioner. The real property consists of approximately 15.580 acres on the North side of Corneils Road, one-half mile East of Route 47, Bristol Township, Kendall County, Illinois. 2. Vacation of Scott Road located at the Northwest corner of Route 47 and Route 71 3. This public hearing has been cancelled. Donald E. Schramm and Standard Bank &Trust, as Trustee under a certain Agreement dated 4/1/04 and known as Trust#18190,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to United City of Yorkville Planned Unit Development containing commercial, office and residential districts and for hearing as to the Annexation and Planned Unit Development Agreement of Petitioner. The real property consists of approximately 218.30 acres at 9338 Bypass 30, Bristol Township, Kendall County, Illinois. Citizen Comments: Consent Agenda 1. Treasurer's Report for July 2005 2. Resolution of Support for Kendall County Agricultural Conservation Easement and Farmland Protection Program - authorize Mayor and City Clerk to execute 3. Resolution to Join and Support the Metro West Council of Government—approve payment in an amount not to exceed$3,500 from contractual services budget line item (01-110-62-00-5401) and authorize Mayor and City Clerk to execute 4. Approval for Part-time Employees Bart Olson and Shirley Kubitz to Work Over 1000 Hours per Employee Manual Section 1.4.4 5. Heartland Circle Stormwater Outfall—Bollweg Grant of Easement Agreement -authorize Mayor and City Clerk to execute 6. Development Agreement and Rezoning for Robert and Debra Dearborn—201 S. Main Street and 204 Hydraulic Avenue- authorize Mayor and City Clerk to execute 6a. Ordinance Authorizing the Execution- authorize Mayor and City Clerk to execute 7. 129 Commercial Drive—Sidewalk Agreement- authorize City Administrator to execute 8. Cannonball Run Plaza— Sidewalk Agreement- authorize City Administrator to execute 9. XPAC— Sidewalk Agreement- authorize City Administrator to execute 10. State Street Watermain— IDOT Highway Permit and Resolution- authorize Mayor and City Clerk to execute 11. Cannonball Estates Phase I—Letter of Credit Reduction#5 - authorize reduction in an amount not to exceed$24,178.45 City Council Meeting Agenda September 27, 2005 Page 3 Consent Agenda (con't) 12. Cannonball Estates Phase II—Letter of Credit Reduction#4 - authorize reduction in an amount not to exceed$57,824.63 13. Raintree Village Unit 5 —Earthwork Letter of Credit Reduction#1 - authorize reduction in an amount not to exceed$389,802.01 14. Schoppe Design Associates, Inc. Agreement for Planning and Design Services for the Jefferson Street Project- authorize City Administrator to execute, subject to partial funding by intergovernmental agreement with Kendall County 14a. Resolution Approving Agreement with Schoppe Design Associates, Inc. - authorize Mayor and City Clerk to execute 15. Engineering Enterprises, Inc. Consulting Agreement for Fox Road Regional Stormwater Study-authorize Mayor and City Clerk to execute 15a. Resolution Approving Agreement with Engineering Enterprises, Inc. - authorize Mayor and City Clerk to execute 16. Results of Sale of Public Works' Vehicles & Equipment- authorize sale of 1998 International Dump Truck in the amount of$32,500.00 to Valley Paving, authorize sale of 1987 Chevy Pickup in the amount of$569.71 to Fred Davis, authorize sale of 1989 GMC Pickup in the amount of$758.37 to Fred Davis, and authorize sale of 4" Trash Pump in the amount of$285.76 to Fred Davis 17. Emergency Vehicle Pre-Emption Equipment- approve that the City will fund the installation of this equipment unless it is a new signal that is to be funded by the developer 18. Menard's Commercial Commons—Final Acceptance of Landscaping- accept the landscaping of the public areas and release the letter of credit upon receipt of a warranty letter of credit in the amount of$60,790.80 19. Resolution Creating a Policy for Procedure and Authority to Reduce Letters of Credit and Bonds for Construction of Public Improvements - authorize Mayor and City Clerk to execute 20. F.E. Wheaton Expansion—Plat of Easement- authorize Mayor and City Clerk to execute 21. Fox Hill Unit 6 Lot 2—IDOT Highway Permit and Resolution- authorize Mayor and City Clerk to execute 22. Special Census Office Lease -approve rental of office space in the former Castle Bank building from Harold Oliver in an amount not to exceed$3,000.00 for eight weeks of use, subject to legal review Plan Commission/Zoning Board of Appeals: Minutes for Approval (Corrections and Additions): Minutes of City Council—June 28, 2005 Minutes of Committee of the Whole—September 6, 2005 City Council Meeting Agenda September 27, 2005 Page 4 Bill payments for approval from the current Bill List (Corrections and Additions): Checks total these amounts: $ 730,292.04 (vendors) $ 166,703.13 (payroll period ending 9/3/05) $ 896,995.17 (total) Reports: Mayor's Report: 1. Acceptance of City Administrator's Resignation 2. Update on City Administrator Search City Council Report: City Attorney's Report: 1. Ordinance Vacating Scott Road from Illinois Route 47 Southwest to Illinois Route 71 2. Amending the Peter Sahlas Watermain Easement City Clerk's Report: 1. IDOT Final Audit No. 00-00023-00-GB dated July 8, 2005 for the G.O.Bond Issue City Treasurer's Report: City Administrator's Report: Finance Director's Report: Director of Public Works Report: 1. Countryside Interceptor Project Update Chief of Police Report: Executive Director of Parks &Recreation Report: Community& Liaison Report: Committee Reports: Public Works Committee Report: 1. Final Acceptance of Street Lights in Heartland Circle and Reduction in Letter of Credit Economic Development Committee Report: 1. Del Webb Annexation and Planned Development Agreement a. Ordinance Authorizing the Execution b. Ordinance Annexing c. Ordinance Rezoning City Council Meeting Agenda September 27, 2005 Page 5 Committee Reports (con't): Public Safety Committee Report: 1. No Report. Administration Committee Report: 1. Raintree Village II— SSA Proposing Ordinance Additional Business: Adjournment: COMMITTEES, MEMBERS AND RESPONSIBILITIES F/Y 2005 —2006 ;PUBLIC WORKS Committee Departments Liaisons Chairman: Alderman Besco Water and Sewer Park Board Committee: Alderman Munns Streets and Alleys YBSD Committee: Alderman Wolfer Sanitation and Waste Committee: Alderman James ,ECONOMIC DEVELOPMENT] Committee Departments Liaisons Chairman: Alderman Munns Planning & Building& Zoning Chamber of Commerce Committee: Alderwoman Burd Business & Economic Dev. Kendall County Econ. Dev. Committee: Alderman Besco Plan Commission Committee: Alderman Leslie Bristol Plan Commission Yorkville Econ. Dev. Corp. Aurora Area Convention & Tourism Council Downtown Re-development PUBLIC SAFET% Committee — Departments Liaisons Chairman: Alderwoman Ohare Police Human Resource Comm. Committee: Alderwoman Spears Schools School District Committee: Alderman Wolfer Public Relations KenCom Committee: Alderman Leslie City Council Meeting Agenda September 27, 2005 Page 6 ADMINISTRATION Committee Departments Liaisons Chairman: Alderman James Finance Metra Committee: Alderwoman Ohare Public Properties Library Committee: Alderwoman Spears Personnel Cable Consortium Committee: Alderwoman Burd _AD-HOC: TECHNOLOGY; Committee Co-Chairman: Alderwoman Ohare Co-Chairman: Alderman Wolfer Draft Date: 8/19/05 NOTE FROM APPLICANT: The following document is a draft only. It will be modified in discussions with the City's staff, counsel and retained experts, the applicant's counsel and retained experts and during the hearing and meeting process. Additional or altered terms are likely to arise inasmuch as the nature of the process requires afluid working document. ANNEXATION AGREEMENT BETWEEN UNITED CITY OF YORKVIL AND CORNEILS CROSSING,LLC =., THIS ANNEXATION AGREEMENT("Agreement")is made and entered into this: day of September, 2005 between the UNITED CITY OF VO;RKVILLE, a municipal corporation, located in the County of Kendall, State of Illinois ("CITY"), axd CORNEILS CROSSING, LLC, as owner and/or developer(OWNER and/or DEVELOPER) of said parcel being depicted on the Plat of Survey attached hereto and made a part hereof as'�`ErXHIBIT "A". WITNESSETH WHEREAS, at the tine of execution of this Agreement, the OWNERS are the record owners of certain real property which is the subjectnatter of this Agreement. Said real property is located adjacent to Corneils Road in Kendall ount ,Illinois,and is legally described on EXHIBIT "A" attached hereto and made a Pitt:hereof. Thesaid real estate(":1 hRRITORY")is comprised of approximately 15 acres,more or less, and is depicted one Plat ofAnnexation attached hereto and incorporated herein as EXHIBIT"B"; and WHEREAS,the OWNER and/or DEVELOPER shall develop the i'ERRITORY with uses and a design generally consistent with all the criteria contained in this Agreement and in the Subdivision Plat prepared by Jacob & Hefner, dated _, 2005 attached hereto and made a part 1 hereof as EXHIBIT "C" and in conformance with CITY Ordinances; and WHEREAS,the TERRITORY is currently contiguous with the existing corporate limits of the CITY, and is not within the boundary of any other city or village; and WHEREAS, the OWNER and/or DEVELOPER and CITY, respectively, have complied with all applicable ordinances and laws of the State of Illinois regarding annexation and development approvals and all petitions for zoning and development approvals relating ,the TERRITORY,all pursuant to and upon such notices and related procedures as are required by the Vordinances of the CITY and the laws of the State of Illinois; and WHEREAS,in fulfillment of the aforementioned requirements,the CITY published for and Sro �ti held a public hearing before the Plan Comm ssion on August` I0' 2005, on the Annexing and Rezoning proposal for the TERRITORY; and?,. w w . WHEREAS,also in fixlfillment of the aforementioned requirements,the CITY published for and held a public hearing before th'e'rMayor and Alderman on September 27,2005,on the proposed Annexation Agreement for thea TERRITORY WHEREAS,the Mayor and Alderman,after due and careful consideration,have concluded that the execution of this Agreement subject to the terms and provisions of this Agreement,and the rezoning, subdivisionand development of the TERRITORY as provided herein, will inure to the YYYi benefit and improvement of the CITY in that it will increase the taxable value of the real property rqw" ,q a 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. NOW, THEREFORE, in consideration of the mutual covenants and promises herein 2 contained, the parties agree to as follows: 1. ANNEXATION. The CITY agrees to immediately annex the 1'bRRITORY into the corporate limits of the CITY pursuant to the Petition for Annexation. 2. TERM OF AGREEMENT. This Agreement shall be valid and binding for a period of twenty (20) years. In the event the annexation of the TERRITORY, the classification of the TERRITORY for zoning purposes or other terms of this Agreement arekyhallenged in any court proceeding, the period of time during which such litigation is pending,shall extend the term of this Agreement day-for-day for the date of the filing of"such action to and including the date of any final nonappealable order. ` k 3. ZONING AND OTHER APPLICABLE ORDINANCES. The CITY has examined the Zoning Plat, this Agreement and.other*bmissians and documentations provided or required in connection the=rewith and find that itX_in compliance with this Agreement. A. Contemporaneously with the annexation of the TERRITORY,the CITY shall adopt an ordinance mnending the proviions-©f the'Yorkville Zoning Ordinance so as to provide that the TERRITORY shall be classified asR 2,One-Family Residence District. Rezoning granted shall be in conformance with the Plat of Zoning attached here to as EXHIBIT "D". B Further 'the CITY agrees to grant those modifications as specified in this Agreement, Subdivision;Plat, and Exhibits made a part hereof. C. The CITY and OWNER/DEVELOPER agree that the TERRITORY shall be developed in phases and in substantial compliance with the ordinances of the CITY, and this Agreement, together with the Subdivision Plat and Exhibits attached thereto. 3 D. Interim Uses: (if applicable) Interim uses set forth below shall be permitted anywhere on the TERRITORY during the term of this Agreement: a. All types of crop farming. b. Parking lots for models. c. Stock piling of dirt, so long as the location of said stock piling does not impact any adjacent residences`andlor=.active farmland crops. d. Temporary detention. ft; e. Construction storage and office/sales trailers;aspermitted in Section 16 of this Agreement. f. Temporary Signs asp rmitted in-Section 15 of this,Agreement. Said interim uses shall be allowed only {for activities taking place on the TERRITORY and not for any other Off-site activities not related to the development of the TERRITORY. E. DEVFT,OPER shall be allowed to submit final plats for approval in phases. -:'hyry Sy r The CITY shall approve the Final`Plat(s) of Subdivision and such final plans so submitted at any S time during the term of this, .-greetnnt subj ect to the terms and conditions set forth herein provided 4;1i; that such plst(s) andrplans substantially conform with the Preliminary Plans and otherwise meet all ri the requirements of the CITY'S Municipal Codes,except as expressly and specifically modified by this Agreemertr The CITY shall act upon any final plat and final engineering or resubmitted final plat and final engineering within sixty(60)days of its receipt of such final plat,final engineering and all necessary supporting documentation and information by either; (1)adopting such ordinances as may be required to approve such final plat and final engineering and cause the CITY to process and execute any such final plat of subdivision or(2)issuing a letter of denial informing the applicant in writing and specifying in detail as to what corrections are necessary as a condition to the approval of 4 any final plat and final engineering quoting the section of the Municipal Code or this Agreement relied upon by the CITY in its request for corrections. Failure to issue such written denial in such time period shall constitute an approval of the final plat and final engineering and the CITY shall execute such final plat upon demand by OWNER and/or DEVELOPER and OWNER and/or DEVELOPER may proceed instanter with development of the TERRITORY as if such final plat and final engineering had been executed by the CITY. F. Throughout the term of this Agreement,any setbacks, lotsizes, lot widths, parking ratios,landscaping,and subdivision requirements.incorporated in the Preliminary Plan shall remain in effect and shall govern the development of the TERRITORY. S fiW G. The CITY's Building=Code may be amend4for.purposes of furthering the public health and safety,provided the OWNER.and/or DEVELOPER receive written notice of any changes or proposed changes andXthiat changes shall'not take effect within the TERRITORY for one- hundred-eighty(180)'days from the date of any such notice. H To the extent of any"con is or inconsistency between the terms or standards of this .Agreement and the terms oz standards of the Subdivision and Development Control Regulations,'-Zoning Ordinance,Building Code or any other applicable CITY code,ordinance,rule or 4 v' regulation, the ter*. nd stand rds of this Agreement shall control. I. N othing contained herein shall prevent the CITY from enforcing Code modifications or requirements by other governmental bodies having jurisdiction. 4. PUBLIC IMPROVEMENTS AND SURETY BOND. A. Prior to the commencement of construction for a certain phase of the 5 development,the OWNER and/or DEVELOPER shall provide the CITY with an irrevocable letter of credit in a form as set forth in EXHIBIT "E" (attach as an exhibit the CITY's Standard Format language) acceptable to the CITY and issued by an institution approved by the CITY (hereinafter sometimes referred to as "Surety" in an amount equal to one hundred .ten percent (110%) of the CITY approved estimate of the established costs of the public improvements to be undertaken for SiF said phase to be developed on the TERRITORY. The estimate of cost shall be initially prepared by the engineer for the OWNER and/or DEVELOPER to the costsfor similar projivyw• determined over the preceding year's time and the project bids actually receryed by*,OWNER and/orDEVELOPER ,4qa: N,ky and shall then be submitted to the CITY engineer for ultunateretermination and approval. B. The Surety shall constitute.;a guarantee that all the public improvements Kkw xr" required will be constructed by the OWNER and/or DEVELOPER, pursuant to this Agreement,the applicable CITY Ordinances,and,the approved final engineering plans and specifications,and shall ra�r` be completed withhi a period of time, not to exceed;.two (2) years from the Final Plan and Plat approval for the TERRITORY or;any given Plhase''thereof(any extension of time may be mutually agreed upon by the OWNER.and/or.DEVELOPER and the CITY), and that should the OWNER V , and/or DEVELOPER fail or default rnthe completion of such obligation within the permitted time, then the CITY may, after complying with the terms and conditions of the Surety, use the Surety to the extent necessary to complete or repair any and all of the improvements secured thereby. C. The OWNER and/or DEVELOPER shall be relieved of all continuing responsibility under a Surety provided pursuant to this Paragraph 4 once the CITY has accepted all public improvements required to be constructed with respect to a given lot(s)of the development of 6 the l'ERRITORY, all warranty work for such Phase, if any, having been performed by OWNER and/or DEVELOPER and approved by the CITY, and all warranties of the OWNER and/or DEVELOPER hereunder have lapsed,provided,however,that as public improvements are partially completed and paid for by the OWNER and/or DEVELOPER and accepted by the CITY,the Surety deposited by the OWNER and/or DEVELOPER with the CITY,if requested'by the OWNER and/or DEVELOPER, may be proportionately reduced or released on an`individual improvement-by- improvement basis upon the review and recommendation,of`the OITY Engineer. Upon completion of a major portion of the public improvements required with.,respect to a given Phase of the development of the TERRITORY, the Surety shall be reduced by the CITY within'thirty(30)days of receiving a recommendation from the CITY engineer that said.Surety be reduced. The reduction of said Surety shall be in an amount proportionalto the work them completed, as reviewed and recommended by the CITY Engineer. The CITY agrees that said review by the CITY engineer shall be of reasonable duration,after the submittal of all documents required for said review. The CITY agrees not to condition the reduction in the Surety on the construction of any public improvements not specifically ineluded:on theapproved final engineering plans for said phase. "s r Notwithstanding anything herein, the CITY shall be entitled to retain ten percent (10%) of the Surety as security for the OWNER'S and/or DEVELOPER"S performance of any warranty work required hereunder,and to use said ten percent(10%)to perform such warranty work in the event that the OWNER and/or DEVELOPER fails to do so. Upon the expiration of the OWNER'S and/or DEVELOPER'S warranty obligation hereunder,the CITY shall promptly release any remaining retained amounts under the relevant Surety. 7 5. UTILITY CAPACITY AND EXTENSIONS. A. The CITY has determined that the CITY's sanitary sewer transmission system and Yorkville Bristol Sanitary District's treatment capacity, potable water, fire flow and water storage have sufficient capacity to adequately serve the anticipated uses of the TERRITORY when developed pursuant to the terms of this Agreement. yx°`rr°rr.Y B. To the best of the CITY'S and Yorkville Bristol Sanitary District's knowledge and belief,there is no administrative,judicial,or legislative action pending or being threatened that would result in a reduction of, or limitation upon any party's right to use the sanitary sewer and potable water supplies and systems serving the CITY,and thITY will notify the OWNER and/or i F ' DEVELOPER and use best efforts to promPflyiake remedial acti\o`iif,such reduction or limitation is threatened in the future. 6. STORMWATERIANAGEMENT. The CITY agrees,represents and warrants to OWNER and/or DEVELOPER that*t shall provide ind-maintain sufficient stormwater management capacity to adequately serve the,anticipated uss of the TERRITORY when developed pursuant to y � F p the terms of this Agreement within its Regional Stormwater Management Facility. **NEED TO DETERMINE.COSTS** 7. EXCAVATION, GRADING AND PREPARATION OF TERRITORY. The agrees to allow the OWNER and/or DEVELOPER prior to final approval to allow mass earthwork and grading,provided that the CITY has approved mass grading and erosion control plans for such work,and provided further that OWNERS and/or DEVELOPERS shall post a letter of credit in the amount of the cost of such work, as provided by the OWNER'S and/or DEVELOPER'S engineer, 15 subject to the review and approval of the CITY Engineer, with the CITY as security for the completion hereof,and provided that in the event that OWNERS and/or DEVELOPERS perform or construct any of the public improvements contemplated by Section 4 and Section 10 of this Agreement prior to the time that the CITY has approved the final engineering plans therefore,the CITY may exercise such remedies as it deems necessary to halt such work until such final engineering is approved. Fs*'' r4X 8. RECAPTURE. r xm, s, ,y 5 A. In the event the OWNER and/orDEVELOPER are required by CITY to oversize, including but not limited to, water, sanitary sewer, storm VV ter pipes and/or facilities or construct roadways and traffic related improvements tai serve or benefit other o ,yerties as determined by the CITY Engineer, the CITY agrees, at its option, to erther:enter into a recapture agreement or grant ' , d`: ' fi credit against fees to reimbursetie OWNER and/Pr DEVELOPER for said costs including but not :n limited to engineernig'arid reasonable interest costs as,,provided by law. The recapturable costs for any of the above required by tk3.e CITY's`hall be the actual costs incurred by the OWNER and/or w DEVELOPER for thoseportions of`the work exceeding what is required to provide service to the development . 1:4-2 ;: :,(To be, nclude this sub-section only if applicable,otherwise delete) The Y OWNER and/or DEVELOPER acknowledge that the TERRITORY is subject to certain recapture for ,as set forth in the RECAPTURE AGREEMENT by and between the CITY and , as approved by the CITY on , 20_ 16 9. EASEMENTS AND APPROVALS. The CITY agrees to assist the OWNER and/or DEVELOPER with procuring all easements and governmental approvals, at the OWNER'S and/or DEVELOPER'S expense, necessary or convenient for the construction of any off-site potable water improvements shown on the PLAN. All easement;:agreements shall be prepared by the OWNER and/or DEVELOPER and approved by thyCITY prior to execution. The CITY also agrees that it will cooperate with the OWNER and/or DEVELOPER to assist in `s,;.>4 W . obtaining all necessary easements, approvals or permission for'the installation and construction of any other necessary off-site improvements at OWN%'S and/or.DEVELOPER'S expense. 10. CONNECTION TO CITY SERVICES k% A. No users shall be permitted to connect to the sewer..and water mains until the WW CITY or Yorkville Bristol Sanitary District(as applicable) as inspected and approved all such lines and the lines have received finalregulatory approval from the Illinois Environmental Protection 1x Agency, if required,`and all.applicab]e CITY and Yorkville Bristol Sanitary District fees have been paid. B. The sole andxclusive purpose of such connections by the OWNER and/or , DEVELOPER_.,shall be to provide sanitary sewer and potable water services to the subject TERRITORY. C. The OWNER and/or DEVELOPER shall be responsible for paying to the CITY its tap-on connection fees pursuant to the applicable CITY Ordinances in effect at the time of recording of the final plat for each phase of the development. The tap-on connection fees shall be paid contemporaneously with the issuance of building permits within the TERRITORY, unless 17 otherwise agreed to by the CITY. 11. PUBLIC IMPROVEMENTS WARRANTY. A. The CITY, once it has had the opportunity to inspect and fully confirm the public improvements required to be constructed under this Agreement comply with CITY approved plans, specifications and ordinances,shall approve all such public improvements,all in accordance _ k Reye` with Paragraph 10B. below, shall accept their dedication subject'tto the OWNER'S and/or DEVELOPER'S warranty, as described herein, and shall thereafter operate,maintain, repair, and replace all such public improvement located therein. OWNER and/or DEVELOPER warrant that all public improvements required to be constructed by them hereunder shall be free from defects in workmanship or materials for a period of one(1)year after acceptan0thereof by the CITY. Upon notice from the CITY, OWNER and/or DEVELOPER shall promptly commence to remedy any defects covered by the foregoing,warranties,and in addition thereto,in the event that the OWNER"S and/or DEVELOPER'S°construction of any Phase of the development in the TERRIORTY is S'' 3 c .44 determined to have tdamaged a ypublic improvements previously installed by the OWNER and/or DEVELOPER within the I ERRIROTY,then upon notice thereof from the CITY, OWNER and/or DEVELOPER shall prompty commence to repair or replace any and all public improvements so damaged. B. *Ain seven(7)working days after (a)receipt of notice from the OWNER and/or DEVELOPER that certain of the public improvements and facilities within a Phase of the TERRIROTY under development have been completed,and(b)delivery to the CITY of all required documentation(including without limitation material certifications),the CITY Engineer shall inspect 18 said improvements and indicate, in writing, either his approval or disapproval of the same. If such improvements are not approved,the reasons therefore shall be, within said seven(7)working day period,be set forth in a written notice to the OWNER and/or DEVELOPER. Said reasons shall be related to defects in labor and materials, damage caused by OWNER„;and/or DEVELOPER'S construction and the clearing of manholes and catch basins only and not to items in the nature of general and ordinary maintenance. Upon the OWNER'S and/of DEVELOPER'S correction of the items set forth in said notice,the CITY Engineer,at the OWNER'S and/or DEVELOPER'S request shall re-inspect the improvements to be corrected and either,, approve or disapprove said improvements, in writing within seven (7) working days of receipt of the OWNER'S and/or v"h DEVELOPER'S notice requesting said re inspection. 4= 12. PUBLIC UTILITIES. The installationcbrthe necessary and appropriate on-site electric, natural gas, cabletelevision, and telephone services to the TERRITORY shall be by underground installation and pursuant to the requirements of such utility companies or pursuant to K`r the agreement of the,CITY with such entitles The CITY agrees to cooperate with the OWNER and/or.DEVELOPER to pewit the extension of all such utilities along existing public rights-of-way and otherwise.allow the extension of all necessary utilities to the TERRITORY, provided,however, that the CITY'S”agreement to'cooperate with the OWNER and/or DEVELOPER to allow the extension of utilities to 'the TERRITORY shall in no way relieve the OWNERS and/or DEVELOPER of their obligations to obtain any and all easements and permits necessary to do so,at their sole cost and expense. The OWNER and/or DEVELOPER shall be required to locate any other existing above 19 ground utilities underground at the OWNER'S and/or DEVELOPER'S at their sole cost and expense. The CITY agrees to consider a recapture for the costs associated with the burying of existing overhead utilities under a separate agreement. 13. RIGHT-OF-WAY DEDICATIONS AND ROADWAY IMPROVEMENTS. The OWNER and/or DEVELOPER shall dedicate cause to be dedicated to the CITY and/or applicable agency, all necessary rights-of waye as show. on the Final Plat of Subdivision for the TERRITORY. (Insert language which identifies the type of street and describes the type of *type improvements and the timing of such improvements and if applicable,attach as an EXHIBIT any established DESIGN GUIDELINES as provided by the VCITY :• y.r h4 14. INGRESS AND EGRESS. The CITY hereby agrees to approve the proposed public right-of-ways connections. in which the CITY has jurisdictional control to review and-- approve, y Vyer. for the "TERRITORY as shown ori the:Subdivision Plat attached hereto. The OWNER and/orDEVELOPER acknowledge that any:proposed right-of-way connections to roadways outside ry 4�+ n.4`m• the jurisdictional control of the CITY shall be reviewed and approved by said applicable jurisdiction. Prior to or concurrently with.a y final plan or final plat review,the OWNER and/or DEVELOPER i,hr'r shall submit written approval from the applicable jurisdiction for said right-of-way connections. 15. SIGNAGE. The CITY agrees to allow the following signage to be used in the development: A. Permanent Development Entry Sign. (i) Definition: Main monument sign at entry location as identified on the 20 Subdivision Plat. (ii) Number: One (1). (iii) Maximum Size: **TBD** (iv) Construction Materials: **TBD** (v) Height: **TBD** B. Temporary Signs. (i) Definition: Any sign, banner or advertisement,for the development on the TERRITORY yy> (ii) Number: three (3). 4` (iii) Maximum Size: ten feet by ten feet(10' 10') (iv) Removal: Said sign/s shall be removed,upon completion of 85%build-out of the residential lots within the particular phase. C. Other Advertisement. r; (i) Definition: Any flag, balloon or other advertisement device. (ii) Removal: Said flag,balloon or other advertisement device shall be removed upon completion of 85%,build-out of Tthe residential lots within the TERRITORY. D. Model Home.Signs: One (1) identification`-sign in front of each model home; a maximum of four(44) feetyin height and twelve(12)square feet in size. Model home signs shall be removed upon occupying`the home for normal residential use. 16 MOD'ELS,..MODEL AREAS, TEMPORARY TRAILERS. A. Coidrt ction The'CITY agrees to allow the DEVELOPER OR BUILDER to construct, maintain and use T.arnodel home(s) during the development and buildout of the z TERRITORY subsequent toofinal plat approval for each type of housing product being constructed in a particular Phase of the development. Each DEVELOPER OR BUILDER shall submit to the CITY for its review and approval plans and specifications for each model home(s)that the DEVELOPER OR BUILDER seeks to construct within the model area provided construction of a hard-dust free 21 aggregate surface acceptable to the CITY in order to provide adequate emergency services to and adjacent to the said model/s;and posting of the necessary surety guaranteeing public improvements. It is agreed that a model home(s) shall not be used as a model until it is connected to all utilities. In the event that the utilities are not available,the CITY shall permit the OWNER and/or DEVELOPER to install temporary electricity generators,propane,g4Eltanks for heat and waste water t' N holding tanks to serve the model home(s),provided that each suchtemporarygenerator,propane tank and waste water tank shall be removed and disconnected and said model home(s)shall be connected to the utilities as soon as the utilities become availableWNER,and/or DEVELOPER shall cause SSR� the effluent within such temporary waste water tanks to W.frpsported, from time to time, to a receptacle designated by the CITY within ten ( o,)r miles from the perimeter of the TERRITORY. 44<'Y The OWNER,DEVELOPER and/or BUILDER shall ind mnify and''hold harmless the CITY and its officers and employees from-any liability for any losses caused as a result of utilities not being available to or connectedo said model home(s) ti >' B :Model Area The CIT agrees to permit in the model area,temporary fencing, lighting, signage,parking lots and promotional structures upon submission of appropriate plans to and approval by the CITY. Said temporary fencing shall not exceed four (4) feet in height, and be accessible for the provision of emergency services. Said temporary parking lot lighting and/or building lighting shall not generateyRobtrusive glare or create a nuisance for any occupied dwellings. Said temporary model signage shall be as per Section 15 of this Agreement. Prior to the CITY accepting the public improvements in the model area, the OWNER, BUILDER and/or DEVELOPER shall remove all temporary fencing,lighting,signage,parking lots and 22 promotional structures. C. Temporary Sales Office Trailer. The CITY agrees to allow the DEVELOPER or BUILDER to construct and use a temporary sales office trailer,subject to DEVELOPER or BUILDER submitting plans and specifications to the Building and Zoning Departmentand receiving approval of the same. The CITY shall allow the DEVELOPER OR BUILDER to:install the temporary sales office 4 Na„, trailer on the TERRITORY after preliminary plat approval. Inrhe evert, at the utilities are not available, the CITY shall permit the OWNER and/or DEVELOPER to install temporary electricity generators,propane gas tanks for heat and waste water holding tanks to serve the temporary sales office trailer. OWNER and/or DEVELOPER shall cause the effluentwithin such temporary tanks to be g4 transported, from time to time,to a receptacle desgnated by the CITY°within ten(10)miles from the perimeter of the I bRRITORY. Said temporary sales office frailer shall'be removed at such time as the model home/s or model umt/s:being served by said temporary sales office trailer are available for model occupancy. ' ` 4 The DEVELOPERBTILDER shall indemnify and hold harmless the CITY and its officers and employees from any liability for anylosses caused as a result of utilities not being available to or connected to said;temporary sales.office trailer. D. 1Vi el Occupancy. Prior to the BUILDER or DEVELOPER occupying any model home or model unit, the BUILDER or DEVELOPER shall schedule a final inspection of said model home or model unit with the CITY's Building and Zoning Department. Upon approval of said final inspection,the respective model home may be used accordingly. 23 E. Temporary Construction Office Trailers. The CITY agrees to allow the DEVELOPER or BUILDER to construct and use temporary construction office trailers, subject to DEVELOPER or BUILDER submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. There shall be no more;than eight (8) temporary construction office trailers for the development. In the event that thrutilities are not available,the CITY shall permit the OWNER and/or DEVELOPER to install:temporary electricity generators, propane gas tanks for heat and waste water holding tanks to serve the temporary construction office trailer. OWNER and/or DEVELOPER shall cause the effluent within such temporary tanks to be transported, from time to time, to a receptacle designated by the_ ITY within ten(10)miles from the perimeter of the TERRITORY. The DEVELOPER/BUILDER shall indemnify and ldharmless the CITY and its officers and employees from any liability for y losses caused as a result of utilities not being available to or connected to said tem or nstruction office trailers :" yr` p ar3'q,co- F. Temporary Construction Storage Trailers. The CITY agrees to allow the DEVELOPER or BUILDERS construct and;use temporary construction storage trailers, subject to DEVELOPER`"or. BUILDER submitting plans and specifications to the Building and Zoning Department and receiving approval of the same. There shall be no more than one (1) temporary construction storage trailer per contractor providing construction services to said TERRITORY. si4.v 17. LOT SIZES. The CITY agrees to the following Lot Sizes and Lot Widths for the land use areas identified in the Subdivision Plat. 18. SETBACKS AND/OR BUIDLING SEPARATIONS. The CITY agrees to the 24 following Setbacks and/or Building Separations for the land use areas identified in the Subdivision Plat. 19. ADJACENT FARMS. The OWNER and/or DEVELOPER of the TERRITORY 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, normal viability, agricultural practices may result in occasional smells,dust,sights,noise and unique hours of operation r;a that are not typical in other zoning areas. The OWNER and/or DEVELOPER of the property agrees to Y � 4 incorporate the "Right to Farm" language on the Final Plat of Subdivision and:''incorporate similar language within the Homeowner's Association Documents,Covenants and Restrictions,Documents or other such documents governing the subdivision. 20. STUB STREET CONNECTKIONS. The OWER and/or DEVELOPER of the TERRITORY acknowledges that roadways which do not-„end in an jritersection or a cul-de-sac will continue and connect with future roadways and adjacent developments. The roadway connections, otherwise known as"stub street"connection identifyingrsuch as a future roadway connection. Further the OWNER andiof DEVELOPER,x f the TERRITORY agree to incorporate similar language in the Homeowners Association ,Document, Covenants and Restrictions Documents governing the subdivision 21. F +'ES, DONATIONS AND CONTRIBUTIONS. Ave A. Fees contained in the CITY's Zoning Ordinance, Subdivision and Control Ordinance, Building Code, and may be changed by the CITY. The OWNER and/ DEVELOPER shall pay such fees in effect at the time of the recording of the Final Plat for each phase of the proposed development,provided the OWNER and/or DEVELOPER receive written notice of 25 any changes or proposed changes and that changes shall not take effect within the l'ERRITORY for one-hundred-eighty(180)days from the date of any such notice. OWNER and/or DEVELOPER may pre-pay any fee proposed to be changed prior to recording a final plat for any phase of the proposed development which shall freeze said proposed fee increase and not affect-She TERRITORY and/or PROPERTY. B. The OWNER and/or DEVELOPER shalt agree to comply with the CITY'S Land/Cash Ordinance,as amended from time totime,for the SCHOOL CONTRIBUTION. Said contribution shall be satisfied by the paymentofcashtithe dedication of land or a'coinbination of both. INSERT CONTRIBUTION(The owner/developer shallprovide written confirmation from the School District identifying the acceptable contribution). Payment toa satisfy a cash contribution shall be payable to the School District at the time of issuance of building permit for each dwelling unit, unless otherwise agreed to`herein. C. OWNER and/or DEVELOPER shall agree to comply with the CITY'S Land/Cash Ordinance, as amended from tine to time, for the PARK CONTRIBUTION. Said contribution shall be satisfied by the payment of cash,the dedication of land, or a combination of both. INSERTCONTRIBUTON(The owner/developer shall provide written confirmation from the Park District.dentifying.the acceptable contribution). Payment to satisfy a cash contribution shall be payable to the Panic District at the time of issuance of a building permit for each dwelling unit. 22. CREATION OF HOMEOWNER'S ASSOCIATION. OWNER and/or DEVELOPER shall create a Homeowner's Association that will be responsible for maintaining all 26 common areas of the development, unless the same are accepted by the CITY. 23. BUILDING PERMITS AND CERTIFICATES OF OCCUPANCY. The CITY agrees to issue within five (5) business days after receipt of application to the CITY Building Department permits for the construction of any buildings or improvements of buildings or issue a letter of denial within said period of time informing DEVELOPER asst .wherein the application does not conform to the stated Municipal Code sections or this Agreement The CITY shall not limit the number of building permits which maybe issued or the time of issuance of building permits during the term of this Agreement. The CITY agrees to issue within five (5) business`days after receipt of application to the CITY Building Department certificates of occupancy or issue a letter of denial within said period of time informing DEVELOPER as to wherein theapplicatioridioes not conform to the stated Municipal Code sections or this Agreement rTl e CITY shaltnot be obligated to issue a certificate of occupancy for any residential unit constructed within the TERRITORY until the unit for which a certificate of occupancy is being sought is connected`to and`capable of being served by sanitary sewers, storm �a-yi�' sewers,water mains,public=,streets,natural gas lines and electric utilities,and is in conformance with the CITY'S Bilding Codes {r The above notwithstanding,the CITY agrees to issue conditional occupancy permits in the event that weather conditions prohibit the installation of certain subdivision improvements such as sidewalks, driveways, and required landscaping. The developer of the lot shall post a financial guarantee to cover the costs of said improvements not covered under the Surety submitted as provided in this Agreement. The CITY shall not limit the number of certificates of occupancy or the 27 time of issuance of Certificates of occupancy during the term of this Agreement. 24. CITY ASSISTANCE. The CITY agrees to cooperate and provide any reasonable assistance requested by the OWNER and/or DEVELOPER in applying for and obtaining any and all approvals or permits necessary for the development of the TERRITORY,including,but not limited to those required from the Illinois Department of Natural Resources, the Illinois Environmental Protection Agency,the Army Corps of Engineers and the Federal EmergencyrManagement Agency. The CITY further agrees to reasonably cooperate with the OWNER anchor DEVELOPER in obtaining all other permits and approvals required by the County of Kendall and other governmental units in connection with the contemplated development of the:TERRITORY. 25. GOVERNING LAW; ENFORCEMENT; REMEDIES. A. The laws of the State of Illinoi shalt govern the validity, performance and enforcement of this Agreement.Enforcement shall be by an appropriate action or actions to secure the specific performanceY this Agreement,or to secure-any and all other remedies available at law or in equity m connection with,the covenants,agreements, conditions, and obligations contained herein. Venue for any acti&nis in the:Circuit court of Kendall County, Illinois. In the a vent of a material breach of this Agreement,the Parties agree that the defaulting parry shalehave thy(30)days after notice of said breach to correct the same prior to the non-breaching party's seeking of any remedy provided for herein;provided,however,any breach by the OWNER and/or DEVELOPER reasonably determined by the CITY to involve health or safety issues may be the subject of immediate action by the CITY without notice or 30 day delay. C. In the event the performance of any covenant to be performed hereunder by 28 either OWNER and/or DEVELOPER or CITY is delayed for causes which are beyond the reasonable control of the party responsible for such performance(which causes shall include,but not be limited to,acts of God;inclement weather conditions; strikes; material shortages; lockouts;the revocation, suspension, or inability to secure any necessary governmental permit, other than a CITY license or permit;and any similar case)the time for such performance shall be extended by the amount of time of such delay. D. The failure of the Parties to insist u on the strict and roiy performance of Pp �p the terms, covenants, agreements, and conditions herein contained or any of them,upon any other party imposed,shall not constitute or be construed as a waivers relinquishment of any party's right thereafter to enforce any such term,covenant,agreement,or condition?hut:the same shall continue in full force and effect. e 26. INTEGRATI©NAND AMENDMENT. A. .x ThisxAgreement supersedes all prior agreements and negotiations between the parties and sets forth .11promises. nducements 74greements,conditions,and understandings between and among the parties relative to the subject matter hereof, and there are no promises,agreements, conditions, or understandings,either Oral or written, express or implied, between or among them, other than are herein„set forth `y B. Except as herein otherwise provided,no subsequent alteration,amendment, change,or addition to this Agreement shall be binding upon the parties unless reduced to writing and signed by them or their successor in interest or their assigns. 29 27. SUCCESSORS AND ASSIGNS. This Agreement shall inure to the benefit of,and be valid and binding upon,the OWNER and/or DEVELOPER,their successors and assigns,and is further intended to be binding upon each successive lot owner of the various lots of record created by the approval and recording of the final plat. 28. SEVERABILITY. Should any provision of this Agreement,or application thereof to any party or circumstance,be held invalid and such invaliditykdoes not affect other provisions or applications of this Agreement which can be given effect without the invalid application or provision,then all remaining provisions shall remain in full force and effect. 29. TIME. Time is of the essence of this Agreement and all documents, agreements, and contracts pursuant hereto. 30. NOTICE. All notices, elections, and-othet communications between the Parties hereto shall be in writing4nd 00-13e mailed by certified mail, return receipt requested, postage prepaid,or delivered personally,toile parties at the following addresses,or at such other address as the parties may,by notice, designate Ifto the CITY: 'Cited City ofYorkville Attic -,City Clerk 800 Game Fm Road Yorkville; IL 60560 With a copy to: Wyeth, Heitz &Bromberek Attn: John J, Wyeh 300 E. Fifth Avenue, Suite 380 Naperville, IL 60563 30 If to the OWNER and/or DEVELOPER: Cornelis Crossing,LLC Attn: James Menard 5305 Goldenrod Drive Oswego, IL 60543 With a copy to: Rathje & Woodward Kevin M. Carrara, Esq. Y ro 4 y1 300 East Roosevelt Road, Suite 300 �;;y Wheaton, IL 60187 w4 4 Yw M1 yt k yxx. Notices shall be deemed received on the third business day.following deposit in the U.S. Mail, if given by certified mail as aforesaid, and upon receipt, if personally delivered. x4, 31. CORPORATE AUTHORITIES. 'fie parties acknowledge and agree that the individuals who are members ofxthe group constitute the Corporate Authorities of the CITY are wiz entering into this Agreementin theirtapacities as members of such group and shall have no personal 4r � . w.. liability in their individual capacities. 32. AGREEMENT. Thus Agreement or any Exhibits or attachments hereto, amy be amended froms ime to time m writingAvith the consent of the parties hereto,pursuant to applicable provisions of the CITY Code aid Illinois Compiled Statutes, This Agreement maybe amended by the CITY and the owner of record of the TERRITORY as provisions applying exclusively thereto, without the consent of the owner of portions of the TERRITORY not effected by such amendment. 33. ANNEXATION CHALLENGE. If for any reason and at anytime,the annexation of the TERRITORY to the CITY or the terms of this Agreement is legally challenged by any person or 31 entity by an action at law or in equity, CITY shall: (1) cooperate with the OWNER and DEVELOPER in the vigorous defense of such action through all proceedings,including appeals;and (2)take such other actions as may be then or thereafter possible pursuant to the Illinois Municipal Code to annex the TERRITOTY and/or other properties to the CITY so,that the annexation of the TERRITORY to the CITY can be sustained and/or effected undei:4hkterms of this Agreement. IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the date first above named. UNITED CITY OF YORKVILLE, an Illinois municipal corporation: '' 5v BY: X Mayor ATTEST: City Clem OWNER AND/OR DEVELOPER CORNEILS'CROSSING,LLC 4 BY: y James Menard, Manager 32 SCHEDULE OF EXHIBITS EXHIBIT A: LEGAL DESCRIPTION EXHIBIT B: PLAT OF ANNEXATION EXHIBIT C: SUBDIVISION PLAT EXHIBITI D: PLAT OF ZONING . x EXHIBIT E: LETTER OF CREDIT .1 tirxR r :x r u- x .„.,,.....03;;P: ,,,,•,::,„ l ,.y '''.%-,f,„..,,,, 33 EXHIBIT A LEGAL DESCRIPTION 4'" � Yr, tie. W f" tiT _ S 34 EXHIBIT B PLAT OF ANNEXATION 'e; :q 3, ' y} _ fpm . S.,xi , ''F , w w Yy, k,V eti,F 35 EXHIBIT C SUBDIVISION PLAT € z-5< xp R, N yt v Yv .Y *. hwa S' r 36 EXHIBITI D PLAT OF ZONING ra, s : Y R n`}'s x „.;=^0 a. 4 >sv yy„ a M` .+ Y*: yys 4 yv M .: Y. ti vxY�yY i . �yv L ,"4,"?,. v° 4, x.',..;;,-",‘",,Z,� S x �' i Y 1 37 EXHIBIT E LETTER OF CREDIT Y, T *r i' 38 A,' CITY of YORKVILLE PLJ )) I Co'� Atli County Seat of Kendall County Rec.__ 111 W.'!Fox,Suite 3 Yorkville,It.8C68 ("30583-4380 APPLICATION REQUEST TO VACATE 1. NAME OF PETITIONERS):ji+D(vP_ C>ra.\ 1� �/;(�`�j�J 1 4, Y 3 Y ' (al<e ik1e ,,5z), 2. NAME- OF HOLDEA OF LEGAL TITLEOF SUBJECT PROPERTY: 14— L_L-l__ a.) STREET ADDRESS &PHYSICAL LOCATION OF SUBJECT PROPERTY: b.) LEGAL DESCRIPTION OF PROPERTY SOUGHT T1O B VACAkED: armor. Ypace ie� : 1 dcd,attach as Exht"A').` S?-(' ).)� /1�-1 C le -�,'.,:,.y. 3. NAMES & ADDRESSES OF ANY A;DJOININO OR CONTIGUOUS LANDOWNERS ENTITLED TO NOTICE OF PETITION UNDER ANY APPLICABLE CITY ORDINANCE: — •2 /IC (2/,./Z-11,,//::.se— < 2 6-r y11 c,-e? lv tO- r,- c (23ri f.1,c-11) , (If additional epee ie needed, attach u separate lift as Bxhibu'11') 4. STATE THE SPECIFIC VACATION REQUESTED,ALONG WITH ANY CITY ORDINANCE INCLUDING THE SECTION NUMBERS THAT WILL P.E AFFECTED: 1l Dt�c. ior�5 v-e �f,� �t�x� 5�1�w��vi , nx Ci _ J y v�1 l.1-l•-e? oc tp,c1d-e_ picl 5, NAME,ADDRESS, AND PHONEUMBER OF PERSON TO WHOM INQUIRIES REGARDING THIS PETITION MAY BE DIRECTED: *4 II 'Ci-v\J �C-4)c ` isC t�Y��i j10.111 re-0- cl r.� r1o..4- C (1A ;1e 7-3--(:.) I I re 1 L_ - T �l y - �7 'DC- ` - R 1 ontt. SUBSCRIBED AND SWORN BEFORE ME THIS / f" DAY .OF //f- 4f(u:ial Seal ) 0Ap-6,� Kalnloen E Caw Notary Publ.:Stale„f woes My::hmM,V,,nn F.0irot 07,17/07 , NOTARY STAMP F r om:EPI.MUND AND ,.JAi2: ES 815 723 13 71 08/31„,"2005 13:34 #43U p Jeri , IC))1- CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A (CONTINUED) ORDER NO. r 1401 NW6180046 NA 5. THF_.LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF STATE ROUTE 47 WITH THE CENTER LINE OF STATE ROUTE NO, 71; THENCE WESTERLY ALONG THE CENTER LINE OF STATE ROUTE NO. 71, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 7636.49 FEET, 300 FEET TO THE CENTER LINE EXTENDED SOUTHERLY OF A GRAVEL ROAD RUNNING NORTHEASTERLY FROM SAID STATE ROUTE NO. 71; THENCE NORTH 10 DEGREES 39 MINUTES EAST ALONG THE CENTER LINE OF SAID GRAVEL ROAD 1275 FEET TO THE POINT OF INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF STATE ROUTE NO. 47; THENCE SOUTH 1 DEGREE 35 MINUTES EAST ALONG THE CENTER LINE OF SAID STATE ROUTE NO. 47, 892 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1910.08 FEET, 335. 2 FEET TO TH POINT OF BEGIDNING (EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF ILLINOIS ROUTE 47 WITH THE CENTER LINE OF ILLINOIS ROUTE 71; THENCE WESTERLY ALONG THE CENTER LINE CF SAID ILLINOIS ROUTE 71, 300 FEET ON A CURVE CONCAVE TO THE NORTH, RADIUS 7, 615 . 65 FEET, CENTRAL ANGLE 2 DEGREES 15 MINUTES 25 SECONDS AND A CHORD OF SOUTH 62 DEGREES 17 MINUTES 46 SECONDS WEST, REFERENCE TO GRID NORTH OF ILLINOIS STATE PLANE CORDINATE SYSTEM, EAST <SONE, 299. 98 FEET TO THE CENTER LINE OF OLD MORRIS ROAD, NOW KNOWN AS SCOTT DRIVE; THENCE NORTH B DEGREES 20 MINUTES 59 SECONDS EAST 70 . 03 FEET TO THE CENTER LINE OF SAID OLD MORRIS ROAD TO TEE NORTHERLY RIGHT OF WAY EXTENDED TO THE WEST OF SAID ILLINOIS ROUTE 71; THENCE NORTH 64 DEGREES 48 MINUTES 09 SECONDS EAST 74 .70 FEET ON SAID NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71 TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE NORTH 35 DEGREES 46 MINUTES 48 SECONDS EAST 266 .35 FEET ON SAID WESTERLY RIGHT OF WAY LINE; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE 85.50 FEET ON A NON-TANGENTIAL CURVE CONCAVE TO THE EAST, RADIUS 1, 949.93 FEET, CENTRAL ANGLE 2 DEGREES 30 MINUTES 4.5 SECONDS AND A CHORD CF NORTH 5 DEGREES 05 MINUTES 09 SECONDS WEST, 85 . 50 FEET; THENCE NORTH 3 DEGREES 53 MINUTES <36 SECONDS WEST 402 .50 FEET ON SAID WESTERLY RIGHT OF WAY LINE; THENCE NORTH 23 DEGREES 05 MINUTES 38 SECONDS WEST 50 .76 FEET; THENCE NORTH 3 GREES 53 MINUTES 36 SECONDS WEST 155 . 62 FEET; THENCE NORTH 8 DEGREES 20 MINUTES 59 SECONDS EAST 282 .94 FEET ON THE CENTS LINE OF OLD MORRIS ROAD TO THE CENTER LINE OF ILLINOIS ROUTE 47; THENCE SOUTH 3 DEGREES 53 MINUTES 36 SECONDS EAST 892 FEET ON SAID CENTER LINE OF ILLINOIS ROUTE 47; THENCE SOUTHERLY 334 .50 FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE EAST, RADIUS 1, 909 .93 FEET, CENTRAL ANGLE 10 DEGREES 02 MINUTES 05 SECONDS AND A CHORD OF SOUTH B DEGREES 54 MINUTES 38 SECONDS EAST 334 .07 FEET ALONG SAID CENTER LINE TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS RNkLpGAL KSB PAGE A2 07/28/05 09:06 : 09 P.FILE:050631 vocation 08J005 cl°dwg PLOT ME-STANDARD VIEW Laputl SMITH ENGINEERING CONSULTANTS, INC. CIVIL/6TRUCTURAL ENGINEER6 AND 6URWIYaR6 PL./1. T. ... O F V A CA T IO N NN 9'1'80€0 TO6I(VYLE,ILwraLs 00500 P6:090-669-1600 PAY:890-550-0068 www.eodthenelneeNN.O0m 0-MAIL:veafm•00111lneeAry,eom w 8,00080 wINJIITI.BY .0061910 ILLINOIS PROFESSIONAL DESIGN FIRM/164-000100 OF PART OF THE SE QUARTER OF SECTION 5, TWP. 36 N., R 7 E., KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS I I II I I II I 1 STATE OF ILLINOIS J55 I COUNTY OF KENDALL) I Approved and accepted by the Mayor and City Council �- I of the United City of Yorkville, this day of I , A.D. 2005. BY: Mayor 1 Attest I.'. I City Clerk w�• 1 COUNTY RECORDER'S CERTIFICATE I a STATE OF ILLINOIS ) I )SS • I COUNTY OF KENDALL) LEGAL DESCRIPTION: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 This Instrument No. _ was filed for record in the I NORTH, RANCE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE Recorder's Office of Kendall County, Illinois, on the day o/ CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 WITH THE CENTER LINE 2005 at O'clock___.M. and was recorded in OF ILLINOIS STATE ROUTE NO. 71; THENCE WESTERLY ALONG THE Map Book on Page I \ CENTER LINE OF SAID STATE ROUTE NO. 71, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 7615.85 FEET 300.00 FEET TO THE CENTER LINE EXTENDED SOUTHERLY OF SCOTT DRIVE; THENCE NORTH 08 DEGREES 19 MINUTES 32 SECONDS EAST,ALONG THE CENTER LINE CountyRecorder OF SAID SCOTT DRIVE, 56.94 FEET TO THE EASTERLY EXTENSION OF I 1 THE NORTHERLY RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 71 I r FOR THE POINT OF BEGINNING; THENCE SOUTH 83 DEGREES 25 r MINUTES 07 SECONDS WEST, ALONG THE EASTERLY EXTENSION OF SAID 7 — NORTHERLY RIGHT OF WAY LINE, 34.15 FEET TO THE WESTERLY RIGHT 1 Z OF WAY LINE OF SAID SCOTT DRIVE; THENCE NORTH 08 DEGREES 19 MINUTES 32 SECONDS EAST, ALONG THE WESTERLY RIGHT OF WAY L I O LINE OF SAID SCOTT DRIVE, 1094.68 FEET TO THE WESTERLY RIGHT OF COUNTY CLERK'S CERTIFICATE i WAY LINE OF SAID STATE ROUTE NO. 47; THENCE SOUTH 03 I COEGREES 55 MINUTES 03 SECONDS EAST, ALONG THE WEST RIGHT OF STATE OF ILLINOIS ) ei t11 WAY LINE OF SAID STATE ROUTE NO. 47, 311.24 FEET TO A POINT ON )5.5. THE EASTERLY RIGHT OF WAY LINE OF SAID SCOTT DRIVE, SAID LINE COUNTY OF KENDAL[) 1 BEING 66.00 FEET EASTERLY OF(AS MEASURED PERPENDICULARLY / __________, County _ I I THERETO) THE WESTERLY RIGHT OF WAY LINE OF SAID SCOTT DRIVE,' THENCE SOUTH 08 DEGREES 19 MINUTES 32 SECONDS WEST, ALONG dClerk in Kendallene l taxes, Illinois, sl hereby certify that there ore no SAID EASTERLY RIGHT OF WAY LINE• 746.76 FEET TO THE NORTHERLY taxes, and general redeemable nt unpaid current general taxes, no unpaid forfeited .33:0' - \ RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 71; THENCE SOUTH foxes, dad plot. rfurther certify tax soles I against any of the load tory fee in the 64 DEGREES 46 MINUTES 35 SECONDS WEST, ALONG THE NORTHERLY annexed I further that I hove received all statutory fees in 330, RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 71, 39.60 FEET TO A connection with the annexed plat. I POINT ON THE CENTER LINE OF SAID SCOTT DRIVE; THENCE SOUTH C/L 08 DEGREES/9 MINUTES 32 SECONDS WEST, ALONG SAID CENTER Given under my hand add seal of the County of Yorkville,2 0linois I A3 LINE, 13.09 FEET TO THE POINT OF BEGINNING. IN THE UNITED CITY OF this __—_—___day of______—__ A.D.. ., 1005. 1 O YORKVILLE, KENDALL COUNTY, ILLINOIS. IIW �!h • I 1rn County Clerk olm \ II 1 I STATE OF ILLINOIS )) I )S.S. COUNTY OF KENDAL[) This is to certify that I.Craig L.Duy hove prepared this plat according to official maps and plats for the uses and purposes therein. VACATION PARCEL CONTAINS 3 1.40 ACRES OF LAND MORE I �Ih ,4 Dated at Yorkville,Kendall County Illinois August 31, A.D. 2005. OR LESS ` \ V I 11_- IN I Illinois Professionol Land Surveyor No. 3359 ,I License Expiration 11/30/2006 –LANDS HEREBY VACATED I� RIVE A.K.A.; • I RRIS ROAD I ROAD . .ice l E ROAD ROAD hN) I R 0 v \ 2 I I, I I II 1 I I I I IC\L I. . .. I N .59'A 358 . 56A 6 13.09'" - - N5081932W _ —_ -----_ -:IP: P.O.B. 58375'07"W -r _ ,_ 80.0 00', 7/ ,,--I-. 12OUTE t s. ILLINOIS PLAT OF VACATION — SCOTT DRIVE PART OF SECTION 5-36-7 NOTES: NOTES KENDALL COUNTY, ILLINOIS b This map was created for use instaking k Plat of Vacation. This map is not to be used for any construction or slaking purposes without consent from a BEARINGS BASED ON ILLINOIS STATE proper agent of Smith Engineering Consulianls, Inc. PLANE EAST ZONE. This IS NOT a Plat of Survey. No assumptions or agreements os to ownership,use,or possession con be conveyed from this document. ROUTE 47, ROUTE 71 AND SCOTT DRIVE REVISIONS DRAWN BY: DATE: PROJECT NO. •No underground improvements have been located unless shown and noted. LOCATION, WIDTH AND DIMENSIONS PER r CLD 8/30/05 050631 •No distance should be assumed by scaling. ILLINOIS DEPARTMENT OF TRANSPORTATION •This map is void without original embossed or red colored seal and RIGHT OF WAY PLATS RECORDED 2. DESIGNED BY: HORIZ.SCALE: SHEET NO. signature affixed. J 1"=50• 9001888.90 AS DOCUMENT 901887 AND s CHECKED BY: VERT.SCALE: 91888. 5. NTD – From:B RAND AND JACOBS 815 723 1371 08/ 1/2005 13:54 #430 P.00.4 EXHIBIT B Crestlake Holdings, LLC 2200 Weber Road Crest Hill, IL 60435 Marty Christofano 96 / S. /14 a, 4, CL// PUBLIC NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREWITH GIVEN THAT The United City of Yorkville will hold a Public Hearing to vacate Scott Road located at the Northwest corner of Route 47 and Route 71. The legal description of the property is as follows: SEE ATTACHED LEGAL DESCRIPTION NOTICE IS HEREWITH GIVEN THAT the City Council for the United City of Yorkville will conduct the public hearing on Tuesday, September 27, 2005, at the United City of Yorkville, City Hall, 800 Game Farm Road, Yorkville, Illinois 60560. All interest parties may appear and be heard. Published by the authority of the City Council. Jacquelyn Milschewski City Clerk BY: Bart Olson Deputy Clerk • Fr'om.EF.Li(,11J•1D AND JACOBS 815 728 1871 - l;':-. - 1:). -1 #480 F • CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A (CONTINUED) - ORDER NO. : 1401 NW6180046 cNn 5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF STATE ROUTE 47 WITH THE CENTER LINE OF STATE ROUTE NO, 71; THENCE WESTERLY ALONG THE CENTER LINE OF STATE ROUTE NO. 71, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 7636.49 FEET, 300 FEET TO THE CENTER LINE EXTENDED SOUTHERLY OF A GRAVEL ROAD RUNNING NORTHEASTERLY FROM SAID STATE ROUTE NO. 71; THENCE NORTH 10 DEGREES 39 MINUTES EAST ALONG THE CENTER LINE OF SAID GRAVEL ROAD 1275 FEET TO THE POINT OF INTERSECTION OF SAID CENTER LINE WITH THE CENTER LINE OF STATE ROUTE NO, 47; THENCE SOUTH 1 DEGREE 35 MINUTES EAST ALONG THE CENTER, LINE OF SAID STATE ROUTE NO. 47, 892 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1910. 08 FEET, 335.2 FEET TO TH POINT OF BEGINNING (EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF ILLINOIS ROUTE 47 WITH THE CENTER LINE OF ILLINOIS ROUTE 71; THENCE WESTERLY ALONG THE CENTER LINE CF SAID ILLINOIS ROUTE 71, 300 FEET ON A CURVE CONCAVE TO THE NORTH, RADIUS 7, 615.85 FEET, CENTRAL ANGLE 2 DEGREES 15 MINUTES 25 SECONDS AND A CHORD OF SOUTH 82 DEGREES 17 MINUTES 46 SECONDS WEST, REFERENCE TO GRID NORTH OF ILLINOIS STATE PLANE CORDINATE SYSTEM, EAST <ZONE, 299. 98 FEET TO THE CENTER LINE OF OLD MORRIS ROAD, NOW KNOWN AS SCOTT DRIVE; THENCE NORTH 8 DEGREES 20 MINUTES 59 SECONDS EAST 70 .03 FEET TO THE CENTER LINE OF SAID OLD MORRIS ROAD TO THE NORTHERLY RIGHT OF WAY EXTENDED TO THE NEST OF SAID ILLINOIS ROUTE 71; THENCE NORTH 64 DEGREES 48 MINUTES 09 SECONDS FAST 74 .70 FEET ON SAID NORTHERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 71 TO THE WESTERLY RIGHT OF WAY LINE OF ILLINOIS ROUTE 47; THENCE NORTH 36 DEGREES 46 MINUTES 48 SECONDS EAST 266.35 FEET ON SAID WESTERLY RIGHT OF WAY LINE; THENCE NORTHERLY ALONG SAID WESTERLY RIGHT OF WAY LINE 85.50 FEET ON A NON-TANGENTIAL CURVE CONCAVE TO THE EAST, RADIUS 1, 949. 93 FEET, CENTRAL ANGLE 2 DEGREES 30 MINUTES 45 SECONDS AND A CHORD OF NORTH 5 DEGREES OB MINUTES 59 SECONDS WEST, 85.50 FEET; THENCE NORTH 3 DEGREES 53 MINUTES <36 SECONDS WEST 402.50 FEET ON SAID WESTERLY RIGHT OF WAY LINE; THENCE NORTH 23 DEGREES 05 MINUTES 38 SECONDS WEST 50 .76 FEET; THENCE NORTH 3 GREES 53 MINUTES 35 SECONDS WEST 155. 62 FEET; THENCE NORTH B DEGREES 20 MINUTES 59 SECONDS EAST 282 .94 FEET ON TEE CENTFELINE OF OLD MORRIS ROAD TO THE CENTER LINE OF ILLINOIS ROUTE 47; THENCE SOUTH 3 DEGREES 53 MINUTES 36 SECONDS EAST 892 FEET ON SAID CENTER LINE OF ILLINOIS ROUTE 47 ; THENCE SOUTHERLY 334.50 FEET ALONG A TANGENTIAL CURVE CONCAVE TO THE EAST, RADIUS 1, 909 . 93 FEET, CENTRAL ANGLE 10 DEGREES 02 MINUTES 05 SECONDS AND A CHORD OF SOUTH 8 DEGREES 54 MINUTES 38 SECONDS EAST 334. 07 FEET ALONG SAID CENTER LINE TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS ------------- KSB PAGE A2 07/28/05 09:06 : 09 • li® HP LaserJet 3330 ( City of Yorkville invent 630-553-7575 Sep-2-2005 11:47AM Fax Call Report Job Date Time Type Identification Duration Pages Result 411 9/ 2/2005 11:46:19AM Send 5537085 1:29 3 OK United City of Yorkville Ait ..„,10 J__ 'n.I County Seat of Kendall County 800 Game Farm Road Le Yorkville,Illlnpis,60560 E6 Telephone: 630-553-4350 � Fax: 630-553-7575 �T Website:www.yorkville.il.us Fax Dar` iD_Ieg Fallen (inducing co✓ersheeq Tw VA ' CamP•n,".,.' (ce.t) awe G° au..4-42.... fraw a" ‘-.132XL.Pat C, 100-fi C&Ieer-- VO?JetAgri 96 ❑Urgent 0 For Review 0 Please Comment 0 Please Reply •Conant+: V .thea. (A4' °l(X tor("9-if el). If you do not receive this hansmission in Its entirety,or have any prodems with the receipt of this transmission,contact the sender Immediately. If you have received this facsimile in erns, please notify us by telephone immediately. The contents of this facsimile ile transmission are confidential and are not intended for distribution or pubicagon without the sender's prior written consent ; United City of Yorkville EST.ett r°._ 1836 County Seat of Kendall County 800 Game Farm Road 0 Yorkville, Illinois, 60560 ,� .> Telephone: 630-553-4350 NI; `�,`. Fax: 630-553-7575 Website: www.yorkville.il.us Fax Date: t. t IC( -, Pages: '7 (Induding cover sheet) tit #: To: r � l ,i 't ��1. Fax Company Name: From: 7 'A ti: Li Re: ,__ LL_ / R tc, (, Ct( ("1 cc: • ._ ❑ Urgent 0 For Review ❑ Please Comment 0 Please Reply • Comments: r .7\f- . . C 5n,„ r . If you do not receive this transmission in its entirety, or have any problems with the receipt of this transmission, contact the sender immediately. If you have received this facsimile in error, please notify us by telephone immediately. The contents of this facsimile transmission are confidential and are not intended for distribution or publication without the sender's prior written consent. 4,© circ United City of Yorkville ,„ 800 Game Farm Road ES - 1836 Yorkville, Illinois 60560 '��`- Telephone: 630-553-4350 01, la ` 0� Fax: 630-553-7575 SLE ,tw September 2, 2005 Attorney Gary Davidson via fax: 815/723-1371 RE: Public Hearing for the Vacation of Scott Road Dear Gary: The public hearing will be held at the September 27, 2005 City Council Meeting and will be published in the September 8, 2005 Kendall County Record. Enclosed is a copy of the public hearing notice. Public hearing signs must be posted on the property by September 8th. Please contact Bill Dettmer in our Building Safety Department and he will provide signs for you. Please keep in mind the signs must be removed and returned to Mr. Dettmer between September 28th and October 4th. If you have any questions regarding this process, please do not hesitate to contact me. Thank you, V ( ---; / t 4)i_ Liz D'Anna Administrative Assistant enclosures cc: Bill Dettmer • ® HP LaserJet 3330 City of Yorkville invent 630-553-7575 Sep-2-2005 1:23PM Fax Call Report Job Date Time Type Identification Duration Pages Result 427 9/ 2/2005 1:22:04PM Send 18157231371 1:01 3 OK r so�c�r nip, City of Yorkville r r 800 Game Farm Road Est['....- vas Yorkville,Illinois 60560 Telephone: 630-553-4350 ,: Fax: 630-553-7575 September 2,2005 Attorney Gary Davidson via fax: 815/723-1371 RE: Public Hearing for the Vacation of Scott Road Dear Gary: The public hearing will be held at the September 27,2005 City Council Meeting and will be published in the September 8,2005 Kendall County Record. Enclosed is a copy of the public hearing notice. Public hearing signs must be posted on the property by September 8th. Please contact Bill Dettmer in our Building Safety Department and he will provide signs for you. Please keep in mind the signs must be removed and returned to Mr.Dettmer between September 28th and October 4th. If you have any questions regarding this process,please do not hesitate to contact me. Thank you, Liz D'Anna Administrative Assistant enclosures cc: Bill Dettmer STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION OF SUPPORT KENDALL COUNTY AGRICULTURAL CONSERVATION EASEMENT AND FARMLAND PROTECTION PROGRAM WHEREAS, the City Council of the United City of Yorkville has reviewed and discussed the County Ordinance adopting and implementing the Kendall County Agricultural Conservation Easement and Farmland Protection Program; and WHEREAS, the City Council is fully in support of the program and its intended benefits to Kendall County, NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the United City of Yorkville hereby expresses its support of the Kendall County Agricultural Conservation Easement and Farmland Protection Program. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois,this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 C 44 5 �`��+D C/?),. United City of Yorkville Memo t. ` 800 Game Farm Road ESL14 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 il Q i A 0 Fax: 630-553-7575 t.&E ,Vv Date: September 22, 2005 To: Mayor& City Council r\ Q4: From: Traci Pleckham—Finance Director cl` Subject: Metro West COG Funding Upon review of the budget and discussions with the Mayor, I would recommend funding the $3,500 dues from the Contractual Services budget line item (01-110-62-00-5401). The fiscal year budget amount is $37,500, and expenses are currently at $9,870. Last fiscal year (2004- 2005) the City spent just under $30,000 in this line item. At revised budget, I would recommend creating a new line item Metro West COG Dues to display this expense on an annual basis. Proposed revised budget amounts would be as follows: • Contractual Services $34,000 • Metro West COG $ 3,500 RESOLUTION NO. A Resolution to Join and Support the Metro West Council of Government. WHEREAS, the United City of Yorkville is a non-home rule Illinois Municipal Corporation located in Kendall County, Illinois; and, WHEREAS, the Metro West Council of Government, an Illinois Not-For-Profit Corporation, was incorporated on November 30, 2004 for civic purposes and to promote intergovernmental cooperation, communication and economic development of Kane, Kendall and DeKalb Counties; and, WHEREAS, the United City of Yorkville is a municipality within the area to be served by the Metro West Council of Government and is also desirous of promoting the aforesaid goals; and, WHEREAS, the Mayor and City Council of the United City of Yorkville have determined that it is in the best interests of the municipality, its citizens and the general public for the United City of Yorkville to join the Metro West Council of Government and support its development and operation; and, WHEREAS, to facilitate such goals, and pursuant to the Illinois Municipal Code, 65 ILCS 5/1-1-1, et. seq., the Illinois Intergovernmental Cooperation Act, 5 ILCS 220/1, et. seq., and the Illinois Not for Profit Corporation Act of 1986, 805 ILCS 105/101.01, et. seq., the United City of Yorkville seeks to become a member and supporter of the Metro West Council of Government; NOW THEREFORE, BE IT RESOLVED by the Mayor and the City Council of the United City of Yorkville: 1. That the United City of Yorkville shall join the Metro West Council of Government; and, 2. That the United City of Yorkville shall pay an annual contribution of $3,500 to the Metro West Council of Government each year, for the next three years, or such other shorter time as applicable law shall require; and, 3. That the Mayor of the United City of Yorkville shall be authorized to complete and execute all such documents as may be necessary to join the Metro West Council of Government, consistent with the terms of this resolution. BE IT FURTHER RESOLVED THAT the United City of Yorkville will, by separate action, select a designee or designees from the United City of Yorkville to serve as representatives of the United City of Yorkville at all meetings of the Metro West Council of Government. 1 This resolution shall be in full force and effect from and after its passage, approval as provided by law. PASSED AND APPROVED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois,this day of , 2005. Mayor AYES: NAYS: ABSENT: ATTEST: City Clerk I CA (�cc STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2005- AN ORDINANCE AUTHORIZING THE EXECUTION OF A DEVELOPMENT AGREEMENT AND REZONING FOR ROBERT DEARBORN AND DEBRA L. DEARBORN FOR PROPERTY LOCATED AT 201 S. Main Street and 204 Hydraulic Avenue WHEREAS, it is prudent and in the best interest of the UNITED CITY OF YORKVILLE, Kendall County, Illinois, that a certain Development Agreement (Attached hereto and made a part hereof as "Exhibit"A")pertaining to the Approval of a zoning change and development of real estate described in the Development Agreement be entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said 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 Development Agreement are ready, willing and able to enter into said Development Agreement and to perform the obligations as required hereunder; and WHEREAS, the procedures for the execution of said Development Agreement have been fully complied with; and WHEREAS, the property described therein shall become rezoned to the Zoning Classes and uses as further defined in the Development Agreement. Page lof3 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, a Development Agreement concerning the rezoning of the real estate described therein, a copy of which Development Agreement is attached hereto and made a part hereof as Exhibit"A" Section 2: The Property described for rezoning in Development Agreemetn(Exhibit "A")is hereby rezoned to the zoning classes and uses as stated in the Development Agreement. Section 2: This ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. • MAYOR Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page3of3 STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION APPROVING AGREEMENT WITH Schoppe Design Associates, Inc. FOR Jefferson Street Project WHEREAS,the City Council of the United City of Yorkville has considered approval of an agreement with Schoppe Design Associates for the Jefferson Street Project (East of Historic Courthouse to Route 47); and WHEREAS, a copy of said agreement is attached hereto and incorporated herein as Exhibit"A"; and WHEREAS,the City intends that payment for the services under the agreement will be funded 1/2 by the City and Y2 by Kendall County via an Intergovernmental Cooperation Agreement, and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the Agreement in the form set forth in Exhibit"A" is hereby approved subject to passage of the funding Intergovernmental Cooperation Agreement with Kendall County, and the Mayor and City Clerk are authorized to execute said Agreement on behalf of the United City of Yorkville. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Cd- A/`- a. STATE OF ILLINOIS ) )ss COUNTY OF KENDALL ) RESOLUTION NO. 2005- RESOLUTION APPROVING AGREEMENT WITH Engineering Enterprises, Inc. FOR The Fox Road Area Drainage Study WHEREAS, the City Council of the United City of Yorkville has considered approval of an agreement with Engineering Enterprises, Inc. for the Fox Road Area Drainage Study; and WHEREAS, a copy of said agreement is attached hereto and incorporated herein as Exhibit"A"; and WHEREAS, the City intends that payment for the services under the agreement will be funded by Developers in the effected area of the study, and NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting,the Agreement in the form set forth in Exhibit"A"is hereby approved subject to receipt from developers of the funds necessary to make payment, and the Mayor and City Clerk are authorized to execute said Agreement on behalf of the United City of Yorkville. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of ,A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 =`��o /�o United City of Yorkville Memo J - -11 800 Game Faun Road ' _1836 Yorkville, Illinois 60560 ,� \ Telephone: 630-553-8545 oL Fax: 630-553-3436 Date: September 22, 2005 To: Tony Graff, City Administrator .,_ 1 \r From: Joe Wywrot, City Engineer bj,_k____) -- CC: Liz D'Anna, Administrative Assistant Subject: Menards Commercial Commons—Final Acceptance of Landscaping My August 17, 2005 memo recommending acceptance of the landscaping for the Menards commercial development made reference to a few items that remain uncompleted. Those items were listed in a letter from Menards dated August 1, 2005. Those items are: • Add riprap sufficient to join the 3 flared-end-sections at the north end of the south pond. • Seed and place erosion control blanket along the south side of Countryside Parkway between the two Club 47 driveway entrances. • Replace any dead pine trees along the Kennedy Road berm. Menards has committed to performing these items this fall. If you have any questions regarding this matter, please see me. c_ I-4 41-ici D Cir o United City of Yorkville Memo s ,, 3 '" 800 Game Farm Road EST.14 _Its ' rv_ `a_ 1836 Yorkville, Illinois 60560 �_tj Telephone: 630-553-4350 it02 jFax: 630-553-7575 11 Date: September 22, 2005 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Reduction of Letter of Credit and Bonds Policy Enclosed with this memo is the revised Resolution Creating the Policy for Reduction of LOC and Bonds. It has been revised per the discussion at COW on September 20, 2005, to wit,the City Engineer may recommend, and upon concurrence by the Mayor (or in the Mayor's absence the Mayor Pro Tem), the reduction shall be approved. The Public Works Committee shall be given notice for informational purposes, only. This is a consent agenda item. RESOLUTION CREATING A POLICY PROCEDURE AND AUTHORITY TO REDUCE LETTERS OF CREDIT AND BONDS FOR CONSTRUCITON OF PUBLIC IMPROVEMENTS WHEREAS, the United City of Yorkville requires that developers and/or contractors provide security for the successful completion of the installation of certain public improvements including but not limited to streets, curbs, sidewalks,water pipes, sewer pipes (storm and sanitary), streetlights, etc., and WHEREAS, said security is established either by means of a Letter of Credit, or a Bond, and WHEREAS, from time to time,the developer and/or contractor will seek reduction of the Letter of Credit or Bond after the successful completion of a portion,but not all, of the public improvements under heretofore established practices and/or contracts, and WHEREAS, current practice involves an approval of the City Engineer's recommendation by the City Council which while thorough, requires long time lines for approvals that are in most instances a routine, and WHEREAS,the Mayor and City Council wish to provide an expedited review and approval process for certain smaller Letter of Credit and/or Bond reduction requests. BE IT HEREBY RESOLVED BY THE MAYOR AND ALDERMAN OF THE UNITED CITY OF YORKVILLE: 1. Letters of Credit and/or Bonds in an initial amount of$750,000 or less shall be eligible for approval under this policy, however, if deemed appropriate the City Engineer, or Mayor (or in the Mayor's absence, the Mayor Pro Tern) any request for reduction may be sent to City Council for review and approval consistent with the procedures and/or common practice used for Letter of Credit and/or Bond reduction requests for amounts in excess of$750,000. 2. The approval process for eligible Letter of Credit and/or Bond reductions shall be as follows: a. The City Engineer shall issue a written recommendation including his basis for approving or denying a request for reduction. Said written recommendation shall include the amount of the requested reduction and the remaining amount of the Letter of Credit and/or bond if the request is approved. b. The City Engineer's written recommendation shall be delivered to the Mayor for approval with a copy to the Public Works Committee (for notice, only). c. Mayor may concur, and advise the Public Works Committee of said concurrence, or direct that the request must go forward to the City Council. d. Upon the Mayor's concurrence (or that of the Mayor Pro Tern in the Mayor's absence)with the City Engineer's recommendation, then,the reduction shall be deemed approved and the City Engineer shall be authorized to issue a letter to implement the reduction e. The Mayor and the City Council hereby expressly delegate authority for approval to the parties listed herein sufficient to implement the approvals authorized by this Policy. NOW THEREFORE, upon Motion duly made, seconded and approved by the majority of those members of the City Council voting, BE IT RESOLVED that the Policy set forth above is the Policy of the United City of Yorkville. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 QED c/7.1„. United City of Yorkville Memo J + '`t 800 Game Farm Road EST 14 1636 Yorkville, Illinois 60560 ��- Telephone: 630-553-4350 O _ p Fax: 630-553-7575 <CE x•'r. Harold Oliver 300 North Lake St. Montgomery, IL 60538 Dear Harold, Thank you for your reply and interest in providing office space for the workers of the 2005 Special Census for the City of Yorkville. At this time, we would like to present to you this letter of understanding for the use of the roughly 3000 s.f. of office space located in what is commonly known as the old Castle Bank building. Per our negotiations, a rent of$3,000 ($2,000 for the office space and $1,000 for utilities) is acceptable to the City. We agree to use this space for 8 weeks or however long the special census takes to complete (typically 45 days), starting in late September or early October. As the formal process of testing applicants begin, we will notify you of the exact start date. I thank you again for your civic generosity to the City on this project, and look forward to working with you. Thank you, Bart Olson Administrative Intern and Deputy Clerk Mayor, Art Prochaska Deputy Clerk, Bart Olson Harold Oliver MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL DRAFT OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOISi HELD IN THE CITY COUNCIL CHAMBERS. 800 GAME FARM ROAD ON TUESDAY,JUNE 28.2005. Mayor Prochaska called the meeting to order at 7:00 P.M and led the Council in the Pledge of Allegiance. ROLL CALL Clerk Milschewski called the roll. Ward I James Present Leslie Present(via telephone) Ward II Burd Present Wolfer Present Ward III Ohare Present Munns Present Ward IV Besco Present Spears Present Also present: City Clerk Milschewski,City Administrator Graff,City Attorney Wyeth,Police Chief Martin,Director of Public Works Dhuse,Finance Director Pleckham and Executive Director of Parks&Recreation Brown. QUORUM A quorum was established. INTRODUCTION OF GUESTS Mayor Prochaska asked the staff and guests to introduce themselves. He welcomed the guests and asked them to enter their names on the attendance sheet provided. AMENDMENTS TO THE AGENDA Alderman Spears asked that#7—Market Day Fund Raiser Sponsorship Request be removed from the Consent Agenda and placed on the regular agenda under the Administration Committee Report. Alderman Munns asked that#16—Resolution Creating the Position of Community Development Director Job be removed from the Consent Agenda and placed on the regular agenda under the Administration Committee Report. Alderman Ohare asked that#13—Ordinance Amending City Code,Title 3,Business;Chapter 3 Liquor Control Regarding New Classifications and New Enforcement Provisions be removed from the Consent Agenda and sent back to the Committee of the Whole because there is no fee structure attached to the Ordinance. Chief Martin asked that item#14—Request to Purchase Two Replacement Squads be removed from the Consent Agenda and placed under the Public Safety Committee Report. COMMITTEE MEETING DATES Public Works Committee 7:00 P.M.,Monday,July 25,2005 City of Yorkville Conference Room 800 Game Farm Road Economic Development Committee 7:00 P.M.,Thursday,July 21,2005 City of Yorkville Conference Room 800 Game Farm Road Administration Committee 7:00 P.M.,Thursday,July 7,2005 City of Yorkville Conference Room 800 Game Farm Road Public Safety Committee 6:30 P.M.,Monday,July 14,2005 City of Yorkville Conference Room 800 Game Farm Road Ad Hoc Technology Committee 6:00 P.M.,Tuesday,July 12,2005 City of Yorkville Conference Room 800 Game Farm Road The Minutes of the Regular Meeting of the City Council—June 28,2005-pane 2 PUBLIC HEARINGS Montalbano Homes Mayor Prochaska entertained a motion to go into public hearing for the purpose of discussing Montalbano Homes and Conifer Group,LLC,petitioners,request to annex to the United City of Yorkville and rezone from Kendall County A-1 Agricultural to the United City of Yorkville Planned Unit Development containing R-2 One Family Residence District and for hearing as to the Annexation and Planned Unit Development Agreement of Petitioner. The real property consists of approximately 155.825 acres at the southeast corner of Ament and Penman Roads, Kendall Township,Kendall County,Illinois. So moved by Alderman Besco;seconded by Alderman Wolfer. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye, Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye Please see attached Report of Proceedings taken before Christine Vitosh,C.S.R.from Depo Court Reporting Service for the transcription of this portion of the public hearing. Mayor Prochaska entertained a motion to close the public hearing. So moved by Alderman Spears;seconded by Alderman Besco. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye, Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye PRESENTATIONS None. CITIZEN COMMENTS None. CONSENT AGENDA 1. Police Reports for April 2005 2. Police Reports for May 2005 3. Treasurer's Reports for January,February,March and April 2005 4. Single Audit Engagement Letter for$950,000.00 Water Radium Grant—approve engagement terms for audit services with Crowe,Chizek and Company,LLC in an amount not to exceed$4,000.00 and authorize City Treasurer to execute 5. Ordinance 2005-53—Approving Variance for Reduction of Minimum Lot Size and Reduction of Rear Yard Set Back for 307 Mill Street-authorize the Mayor and City Clerk to execute 6. Ordinance 2005-54—Declaring the United City of Yorkville's Compliance with Illinois Prevailing Wage Act-authorize the Mayor and City Clerk to execute 7. Redesign&Redevelopment of Website—award to JRudny in an amount not to - exceed$7,920.33 for the redesign and redevelopment of the website and also authorize training/software in an amount not to exceed$1,579.65 for a total of $9,500.00 8. Gilbert Park Bid Opening Results—award to J.E.M Morris with alternatives in an amount not to exceed$49,758.00 9. Cooperative Agreement for Parkview Christian Academy—authorize the use of general funds contingency dollars in an amount not to exceed$1,650.00 10. Park in Sunflower Subdivision—Request to name Sunflower Park 11. Request to Purchase LIDAR Unit—authorize purchase of the Ultralyte LIDAR from Laser Technology,Inc, in an amount not to exceed$3,249.00 using funds from CPAT account 12. Request to Purchase Data Recorder for Total Station—authorize purchase in an amount not to exceed$3,000.00 13. Resolution 2005-35—Adopting Sponsorship Policy-authorize the Mayor and City Clerk to execute 14. Ordinance 2005-55—Amending City Code Title 1—Administration,Chapter 6A- City Clerk Regarding Revising the Position of Deputy Clerk -authorize the Mayor and City Clerk to execute 15. Resolution 2005-36—Setting Annual Stipend for Position of Deputy Clerk- authorize the Mayor and City Clerk to execute 16.Resolution 2005-37—Creating the Position of Administrative Assistant-authorize the Mayor and City Clerk to execute The Minutes of the Regular Meeting of the City Council—June 28,2005—page 3 17. Resolution 2005-38—Approving the Revised job Description for the Position of Office Assistant=authorize the Mayor and City Clerk to execute 18. Resolution 2005-39- Creating the Position of Accounting Clerk I-authorize the Mayor and City Clerk to execute 19. Resolution 2005-40—Creating the Position of part Time Utility Billing Clerk- authorize the Mayor and City Clerk to execute Mayor Prochaska entertained a motion to approve the Consent Agenda as amended. So moved by Alderman Ohare;seconded by Alderman James. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-I Burd-aye,James-aye,Leslie-present,Munns-aye, Spears-aye,Wolfer-aye,Ohare-aye,Besco-aye PLANNING COMMISSION/ZONING BOARD OF APPEAL No report. MINUTES FOR APPROVAL A motion was made by Alderman James to approve the minutes of the City Council meeting of May 24,2005,the Committee of the Whole meeting from April 19,2005 and the Special Committee of the Whole meeting from March 22,2005;seconded by Alderman Ohare. Motion approved by a viva voce vote. BILLS FOR APPROVAL A motion was made by Alderman James to approve the paying of the bills listed on the Detailed Board Report dated June 17,2005 totaling the following amounts:checks in the amount of $335,471.30(vendors—F/Y 04/05);$515,104.09(vendors—F/Y 05/06);$177,672.32(payroll period ending 6/11/05—FY 05/06)for a total of$1,028,247.71 seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-7 Nays-0 Present-1 Besco-aye,Burd-aye,James-aye,Leslie-present, Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye REPORTS MAYOR'S REPORT Committee of the Whole Packet Distribution Mayor Prochaska reminded the City Council that due to the July 46 holiday,Committee of the Whole packets will be distributed on Thursday,June 30,2005. Appointment of Deputy Clerk Mayor Prochaska entertained a motion to approve the appointment of Bart Olson as Deputy Clerk for Fiscal Year 2005/2006 as recommended by the City Clerk. So moved by Alderman Ohare; seconded by Alderman Wolfer. Alderman Munns clarified that the stipend for Deputy Clerk would be$1,000.00/year. Motion approved by a roll call vote. Ayes-8 Nays-0 Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye, Burd-aye,James-aye,Leslie-aye,Munns-aye The Role of Elected Officials in Local Government Seminar Mayor Prochaska reported that it was discussed at the Administration Committee to conduct a seminar for the elected officials. Dr.Gabris,Director of Northern Illinois University Administration Division is willing to conduct the seminar and has asked to interview the elected officials individually before it. He has asked for 100%participation and information from the interviews will be discussed at the seminar. The date for the meeting has not been set and is pending the completion of the interviews. Alderman Burd stated that Dr.Gabris conducted a similar seminar in Batavia and their elected officials found it helpful. Mayor Prochaska asked the City Council if they would like to move forward with the seminar and the consensus was to schedule it. The Minutes of the Regular Meeting of the City Council—June 28,2005-page 4 Watering Ban Mayor Prochaska reported that due to the high demand for water,the City was issuing a temporary watering ban. He stated that 3 million gallons of water is being pumped per day which is not allowing the aquafir to replenish. Only hand watering will be allowed until further notice. Director Dhuse reported that City employees have been going door-to-door advising residents of the watering ban. He indicated that more signs would be put out tomorrow and permanent signs are being considered for the future. Mayor Prochaska reported that residents not following the ban will be issued warning and/or fines. CITY COUNCIL REQUESTS Ordinance Establishing Committees of the City Council A motion was made by Alderman Besco to approve an Ordinance Establishing Committees of the City Council as presented;seconded by Alderman Burd. Alderman Leslie stated that he did not have adequate time to review the ordinance and he made a motion to table the Ordinance until the next City Council meeting;seconded by Alderman Spears. Motion approved by a roll call vote. Ayes-5 Nays-3 Spears-aye,Wolfer-nay,Besco-aye,Burd-aye, James-nay,Leslie-aye,Munns-aye Ohare-nay ATTORNEY'S REPORT Robert's Rules 101 Attorney Wyeth distributed and went over a"Desk Guide"of the Robert's Rules he has covered at previous meetings(see attached). He suggested that the City Council members keep this in their binders for future reference. CITY CLERK'S REPORT No report. CITY TREASURER'S REPORT No report. CITY ADMINISTATOR'S REPORT No report. FINANCE DIRECTOR'S REPORT No report. DIRECTOR OF PUBLIC WORKS REPORT No report. CHIEF OF POLICE REPORT No report. EXECUTIVE DIRECTOR OF PARKS&RECREATION REPORT No report. COMMUNITY&LIAISON REPORT Aurora Area Convention and Visitors Bureau(AACVB) Alderman Burd reported that the AACVB has moved to their new location at the southeast corner of the Hollywood Casino parking lot. They are sharing the location with the Aurora Economic Development Corporation and the Aurora Chamber of Commerce. COMMITTEE REPORTS PUBLIC WORKS COMMITTEE REPORT No report. ECONOMIC DEVELOPMENT COMMITTEE REPORT No report. PUBLIC SAFETY COMMITTEE REPORT Request to Purchase Two Replacement Squads Chief Martin explained that due to litigation,Terry's Ford,Lincoln-Mercury has denied the United City of Yorkville's purchase of a 2005 Ford Crown Victoria Police Interceptor. Because The Minutes of the Regular Meeting of the City Council—June 28,2005—page 5 of this,the Police Department is asking to purchase a second Chevrolet Impala Police Interceptor instead. A motion was made by Alderman Ohare to authorize purchase of two 2005 Chevrolet Impala Police Interceptors from Miles Chevrolet,Inc.in an amount not to exceed$19,237.32 each for a total of$38,474.64;seconded by Alderman Wolfer. Alderman Munns asked why the Ford was considered in the first place and Chief Martin explained that it was chosen to replace a Ford already in the fleet which would have made it easier to transfer equipment. He also noted that the Ford is a bigger vehicle. Motion approved by a roll call vote. Ayes-8 Nays-0 Besco-aye,Burd-aye,James-aye,Leslie-aye, Munns-aye,Ohare-aye,Spears-aye,Wolfer-aye ADMINISTRATION COMMITTEE REPORT Resolution 2005-41 Adopting Salary Schedule for Senior Engineering Technician A motion was made by Alderman James to approve a Resolution adopting the salary schedule of $41,000.00 to$57,000.00 for Senior Engineering Technician as presented;seconded by Alderman Wolfer. Alderman Munns asked how many Engineering Technicians were employed by the City. Administrator Graff stated that the City employed three Engineering Technicians;two of which are Senior Technicians. Alderman Spears clarified that the employees holding these jobs would not get a salary increase until their next review. Motion approved by a roll call vote. Ayes-8 Nays-0 Wolfer-aye,Besco-aye,Burd-aye,James-aye, Leslie-aye,Munns-aye,Ohare-aye,Spears-aye Resolution 2005-42 Revising the Job Description of Senior Engineering Technician A motion was made by Alderman James to approve a Resolution revising the job description for Senior Engineering Technician as presented;seconded by Alderman Ohare. Motion approved by a roll call vote. Ayes-8 Nays-0 Burd-aye,James-aye,Leslie-aye,Munns-aye, Ohare-aye,Spears-aye,Wolfer-aye,Besco-aye Resolution 2005-35 Creating the Position of Community Development Director A motion was made by Alderman James to approve the Resolution creating the position of Community Development Director as presented;seconded by Alderman Ohare. Alderman Munns questioned the applicable salary schedule for the job position. He stated that he reviewed the information supplied to the City Council from Deputy Clerk Bart Olson and he has been surveying the ads placed in the Illinois Municipal League magazine. Based on this information,he recommended that the salary scale be from$72,000.00 to$95,000.00 per year. There was further discussion regarding the salary range. Alderman Munns made a motion to amend the salary range to be$72,000.00 to$95,000.00; seconded by Alderman Burd. It was noted that the salary range could not be amended as the resolution on the floor had not been approved yet. Alderman Burd withdrew her second;Alderman Munns withdrew the motion. Motion for the resolution approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Wolfer-aye,Besco-aye Burd-aye, James-aye,Leslie-aye,Munns-aye,Ohare-aye Alderman Munns made a motion to amend the salary range for the Community Development Director from$85,000.00 to$95,000.00 to$72,000.00 to$95,000.00;seconded by Alderman Burd. The Minutes of the Regular Meeting of the City Council—June 28,2005—page 6 There was further discussion regarding who would be interviewing for the position. After a lengthy discussion it was agreed to use an outside firm to search for possible candidates. Alderman Spears noted that when she surveyed communities with this position,two offered assistance with the interviewing. Mayor Prochaska asked that Alderman Spears give the names of those who volunteered to Administrator Graff. He also asked the City Council to give any interview question suggestions to either him or Administrator Graff. Motion for the amendment approved by a roll call vote. Ayes-7 Nays-1 Wolfer-aye,Besco-aye Burd-aye,James-aye, Leslie-aye,Munns-aye,Ohare-nay,Spears-aye Market Day Fundraiser Sponsorship Request Alderman Spears reported the Human Resource Commission does not want to waive the deposit fee for the fundraiser just the rental fee. She stated that the deposit fee is retumed after the event if there has been no damage to the property. A motion was made by Alderman James to approve the Market Day Fundraiser Sponsorship request to waive the rental fee for use of the Beecher Center on July 16,2005;seconded by Aldennan Spears. Motion approved by a roll call vote. Ayes-8 Nays-0 Spears-aye,Wolfer-aye,Besco-aye,Burd-aye, James-aye,Leslie-aye,Munns-aye,Ohare-aye ADDITIONAL BUSINESS 46 of July Parade Mayor Prochaska reminded the City Council that the 41°of July would be held Monday,July 4, 2005 and that anyone interested in joining him should meet him at the Public Works building at 7:30 A.M. EXECUTIVE SESSION None. ADJOURNMENT Mayor Prochaska entertained a motion to adjourn. So moved by Alderman James;seconded by Alderman Spears. Motion approved by a viva voce vote. Meeting adjourned at 8:02 P.M. Minutes submitted by: Jacquelyn Milschewski, City Clerk City of Yorkville,Illinois ***Note: No tape available—sound system malfunctioned. CITY COUNCIL MEETING UNITED CITY OF YORKVILLE, ILLINOIS REPORT OF PROCEEDINGS had at the meeting of the above-entitled matter taken before CHRISTINE M . VITOSH C . S . R . , on June 28 , 2005 , at the hour of 7 : 00 p . m. , at 800 Game Farm Road in the City of Yorkville , Illinois . D-752705 PRESENT : DEPO • COURT reporting service 800 West Fifth Avenue • Suite 203C • Naperville, IL 60563 • 630-983-0030 • Fax 630-983-6013 www.depocourt.com 2 1 PRESENT : 2 MR . ARTHUR F . PROCHASKA, Mayor ; 3 MR . PAUL JAMES , Alderman; 4 MS . VALERIE BURD, Alderman; 5 MR . DEAN WOLFER, Alderman; 6 MR . MARTY MUNNS , Alderman; 7 MS . WANDA OHARE , Alderman; 8 MR . JOSEPH BESCO, Alderman; 9 MS . ROSE ANN SPEARS , Alderwoman ; 10 MR . TONY GRAFF, City Administrator; 11 MS . JACQUELYN MILSCHEWSKI , City Clerk . 12 PRESENT VIA SPEAKERPHONE : 13 MR . JASON LESLIE, Alderman . 14 APPEARANCES : 15 WYETH, HEITZ & BROMBEREK 300 East Fifth Avenue , Suite 380 16 Naperville , Illinois 60563 BY : MR . JOHN JUSTIN WYETH, 17 appeared on behalf of the United City of Yorkville , Illinois . 18 19 20 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 3 1 ( Pledge of Allegiance ) 2 MAYOR PROCHASKA : Montalbano Homes 3 and Conifer Group, LLC,, petitioners , request to 4 annex to the United City of Yorkville, rezone 5 from Kendall County A-1 Agricultural to United 6 City of Yorkville Planned Unit development 7 containing R-2 One-Family Residence District and 8 for hearing as to the Annexation and Planned Unit 9 Development Agreement of petitioner . 10 The real property consists of 11 approximately 155 . 825 acres at the southeast 12 corner of Ament and Penman Roads , Kendall 13 Township, Kendall County, Illinois . 14 MR . BESCO : So moved . 15 MR . WOLFER : Second . 16 MAYOR PROCHASKA : Moved and 17 seconded . May I have roll call , please? 18 MS . MILSCHEWSKI : Besco . 19 MR . BESCO : Aye . 20 MS . MILSCHEWSKI : Burd . 21 MS . SURD : Aye . 22 MS . MILSCHEWSKI : James . 23 MR . JAMES : Aye . 24 MS . MILSCHEWSKI : Leslie . Depo Court Reporting Service ( 630 ) 983-0030 4 1 MR. LESLIE : Aye . 2 MS . MILSCHEWSKI : Munns . 3 MR . MUNNS : Aye . 4 MS . MILSCHEWSKI : O ' Hare . 5 MS . OHARE : Aye . 6 MS . MILSCHEWSKI : Spears . 7 MS . SPEARS : Aye . 8 MS . MILSCHEWSKI : Wolfer . 9 MAYOR PROCHASKA : The motion is 10 carried . We are now in public hearing . Would 11 the petitioner like to come forward? 12 WHEREUPON : 13 ANDY FITZ , 14 testified before the Plan Commission as follows : 15 MR . FITZ : Good evening . Andy Fitz 16 with Montalbano Homes . I am also here with 17 general counsel , Mike McGurn . 18 We have been before the Plan 19 Commission, the Park Board and the Economic 20 Development Committee with this project and we 21 received Staff ' s comments on the annexation 22 agreement . 23 I met with staff yesterday to 24 go over some of those comments , and we are going Depo Court Reporting Service ( 630 ) 983-0030 5 1 to submit a revised agreement and probably have a 2 sit-down with John and hammer out the final 3 agreement , but I have been going over it earlier 4 with Tony this evening . 5 We are requesting an R-2 PUD, 6 and all the lots will be 12 , 000 square feet , 7 except for those that abut the stream running 8 through the property and the open space landscape 9 buffers along the perimeter, but the vast 10 majority of the lots will be 12 , 000 . 11 I did bring a copy of the plan 12 with me , but I wasn ' t sure if there was going to 13 be any more discussion, so I will be happy to 14 answer questions , but I was going to bring all my 15 consultants with me at the Committee of the Whole 16 meeting . Thank you . 17 MAYOR PROCHASKA : Is there any 18 comments or questions from the audience? Anyone 19 that would like to give testimony to the City 20 Council ? 21 ( No Response) 22 MAYOR PROCHASKA : Hearing none , is 23 there a discussion from the City Council ? I have 24 one , and that is , in your current draft of the Depo Court Reporting Service ( 630 ) 983-0030 6 1 the fees . We typically do not go that long . 2 MR . FITZ : That ' s fine . In the 3 boilerplate agreement that was given to us , there 4 was varying times given for various things , five 5 years for certain ordinances , seven years for 6 others , so when we put the agreement together , we 7 just -- we chose seven, but I don ' t believe I 8 don ' t have a problem with -- we don ' t have a 9 problem going with five . That ' s fine . 10 MAYOR PROCHASKA : Anybody else have 11 any comments or questions on the agreement? 12 MS . SPEARS : Just approximately how 13 many houses are going to be under 12 , 000 square 14 feet ? 15 MR . FITZ : You know, let me pull the 16 plan out real quick . There are the homes along 17 the creek, there is probably maybe 15 or so, and 18 then there is another -- we took -- we basically 19 increased the landscape buffer, which shrunk the 20 lots slightly I ' d say . 21 At the most there is probably 22 30 to 35 . So maybe 15 percent , 10 or 15 percent . 23 MS . SPEARS : And what is the average 24 size of those lots ? Depo Court Reporting Service ( 630 ) 983-0030 7 1 MR . FITZ : It ' s just under 13 , 000 . 2 12 , 761 . 3 MS . SPEARS : And the smaller lots , 4 what is the average size of the smaller lots ? 5 MR . FITZ : The smallest lot is 6 10 , 000 . 7 MS . SPEARS : 10 , 000 . 8 MR . FITZ : Which abuts , you know, 9 probably a 150 foot green corridor . That ' s the 10 smallest . But they average anywhere from, you 11 know , up towards 12 . 12 Actually I have some lots that 13 are closer to 15 , and but I can have that 14 information for you . I don ' t know off the top of 15 my head . 16 MS . SPEARS : That ' s fine. Thank 17 you . 18 MR . FITZ : Sure . 19 MAYOR PROCHASKA : One other 20 question . I understand that on a couple lots 21 that the lots actually get closer to the bike 22 trail than what we normally have . 23 MR . FITZ : Yes . When we met with 24 the park board, originally we had the path 8 1 running along the north side of the creek, and 2 there were about -- there were about 15 lots that 3 were closer than 40 feet , so what we worked out 4 with the park board was to meander the path . 5 It goes down to the south and 6 cuts back up to the north, so we were able to 7 reduce it from about 15 to about three . 8 And what we further agreed to 9 do on those lots is the main concern is with the 10 structure being built too close to the path . We 11 have agreed to restrict the rear of those lots so 12 that no building can be placed there , so it will 13 just be open . 14 But yea, there are three 15 instances , there is one here , one here , maybe 16 two -- two here and one here . 17 MAYOR PROCHASKA: Anyone else? Yes . 18 MR . BESCO : Correct me if I am 19 wrong . We are not asking for a special service 20 area for this ? 21 MR . FITZ : No . No , I am not . I 22 think we agreed to create a back-up SSA. 23 MR . BESCO : Okay . 24 MR. FITZ : That ' s all . Depo Court Reporting Service ( 630 ) 983-0030 9 1 MAYOR PROCHASKA : Okay . Anyone 2 else? 3 (No Response) 4 MAYOR PROCHASKA : Thank you very 5 much . 6 MR . FITZ : Thank you . 7 MAYOR PROCHASKA : And I would 8 entertain a motion to close the public hearing . 9 MS . SPEARS : So moved . 10 MR . JAMES : Second . 11 MAYOR PROCHASKA : Moved and 12 seconded . May I have roll call , please? 13 MS . MILSCHEWSKI : Burd . 14 MS . BURD : Aye . 15 MS . MILSCHEWSKI : James . 16 MR . JAMES : Aye . 17 MS . MILSCHEWSKI : Leslie . 18 MR . LESLIE : Aye . 19 MS . MILSCHEWSKI : Munns . 20 MR . MUNNS : Aye . 21 MS . MILSCHEWSKI : Ohare . 22 MS . OHARE : Aye . 23 MS . MILSCHEWSKI : Spears . 24 MS . SPEARS : Aye . Depo Court Reporting Service ( 630 ) 983-0030 10 1 MS . MILSCHEWSKI : Wolfer . 2 MR . WOLFER: Aye . 3 MS . MILSCHEWSKI : Besco . 4 MR. BESCO : Aye . 5 MAYOR PROCHASKA : Motion is carried . 6 We are now out of public hearing . 7 (Which were all the 8 proceedings had in 9 public hearing on 10 the date and time 11 aforementioned . ) 12 ---o0o--- 13 14 15 16 17 18 19 20 21 22 23 24 STATE OF ILLINOIS ) ss : Depo Court Reporting Service ( 630 ) 983-0030 11 1 COUNTY OF LASALLE ) 2 3 CHRISTINE M . VITOSH, being first duly 4 sworn, on oath says that she is a Certified 5 Shorthand Reporter doing business in the State of 6 Illinois ; 7 That she reported in shorthand the 8 proceedings had at the foregoing public hearing; 9 And that the foregoing is a true and 10 correct transcript of her shorthand notes so 11 taken as aforesaid and contains all the 12 proceedings had at the said public hearing . 13 IN WITNESS WHEREOF I have hereunto set 14 my hand this / f / y of 15 _ /� d , 2005 . 16 17 18 19 AV//3 CHRISTINE M . VITOS', C . S . R . 20 CSR License No . 084 -002883 21 22 23 24 Depo Court Reporting Service ( 630 ) 983-0030 Yorkville City Council Multi-Page`N1 & - Plannc June 28, 2005 along[3] 5:8 6:16 8:1 consultants[1] 5:14 given[2] 6:3,4 May[2] 3:16 9:12 -&- Ament[1] 3:11 containing[1] 3:6 goes[i] 8:5 Mayor[14] 2:1 3:1,15 4: &[1] 2:14 Andy[2] 4:12,14 contains[1] 11:11 Good[1] 4:14 5:16,21 6:10 7:19 8:17 9: ANN[1] 2:8 copy[1] 5:10 GRAFF[i] 2:9 9:4,7,11 10:5 -0- annex[1] 3:3 corner[1] 3:11 green[1] 7:9 McGurn[1] 4:16 annexation[2] 3:7 4:20 correct[2] 8:18 11:10 Group[1] 3:2 meander[1] 8:4 084-002883[1] 11:20 meeting[3] 1:1,3 5:15 answer[1] 5:13 corridor[1] 7:9 APPEARANCES[1] Council[3] 1:1 5:19,22 -13- met[2] 4:22 7:23 -1- Mike[1] 4:16 2:13 counsel[1] 4:16 hammer[i] 5:1 MILSCHEWSKI[17] 10,000[2] 7:6,7 appeared[1] 2:16 County[3] 3:4,12 11:1 hand[1] 11:14 2:10 3:17,19,21,23 4:1,3 12,000[3] 5:5,9 6:13 area[1] 8:20 couple[1] 7:20 happy ARTHUR[1] [ ] 5:12 4:5,7 9:13,15,17,19,21,23 12,76 13 7610[1] 7:1 create[1] 8:22 head[1] 7:15 10:1,3 audience[1] 5:17 creek[2] 6:17 8:1 hearing[s] 3:7 4:9 5:21 Montalbano[2] 3:1 150[1] 7:9 Avenue[1] 2:14 CSR[1] 11:20 9:8 10:6,9 11:8,12 4:15 155.825[1] 3:10 average[3] 6:23 7:4,10 current[1] 5:23 HEITZ[1] 2:14 most[1] 6:21 Aye[15] 3:18,20,22,24 4:2 cuts[1] 8:6 hereunto[1] 11:13 motion[3] 4:8 9:8 10:5 -2- 4:4,6 9:14,16,18,20,22,24 hold[] 5:24 moved[4] 3:13,15 9:9,1 2005[2] 1:5 11:15 10:2,4 MS[32] 2:3,6,8,10 3:17 -D- homes[3] 3:1 4:15 6:16 3:19,20,21,23 4:1,3,4,5,6 28[�] 1:5 -B- D-752705[1] 1:8 hour[1] 1:6 4:7 6:12,23 7:3,7,16 9:9 _3_ back-up[1] 8:22 date[1] 10:10 houses[1] 6:13 9:13,14,15,17,19,21,22,2: behalf[1] 2:16 DEAN[1] 2:4 9:24 10:1,3 30 [ 6:22 development[3] 3:5,8 -I- Munns[s] 2:5 4:1,2 9:1! 300 �] 2:14 Besco[s] 2:7 3:13,17,18 4:19 9:20 8:18,23 10:3,4 Illinois[7] 1:2,7 2:15,16 35[1] 6:22 discussion[2] 5:12,22 3:12 10:24 11:6 bike[1] 7:21 _N- 380[1] 2:14 District[1] 3:6 increased[11 6:19 board[3] 4:18 7:24 8:4 boilerplate[1] 6:3 down[1] 8:5 information[1] 7:14 Naperville[1] 2:15 -4- draft[1] 5:23 instances[1] 8:15 none[1] 5:21 bring[2] 5:10,13 1 40[i] 8:3 BROMBEREK[1] duly[ ] 11:3 -J- north 2:14 -6- buffer[1] 6:19 -E- JACQUELYN[1] 2:10 notes[1] 11:10 60563[1] 2:15 buffers[1] 5:8 East[1] 2:14 James[6] 2:2 3:21,22 now[2] 4:9 10:6 building[1] 8:12 Economic[1] 4:18 9:10,15,16 -7- built[1] 8:10 entertain[1] 9:8 JASON[1] 2:12 -O- Burd[s] 2:3 3:19,20 9:13 evening[2] 4:14 5:3 John[2] 2:15 5:1 O'Hare[1] 4:3 7:00[1] 1:6 9:14 JOSEPH[1] 2:7 except[1] 5:6 oath[1] 11:4 _g_ business[1] 11:5 June[1] 1:5 off[1] 7:14 -F- JUSTIN[1] 2:15 Ohare[4] 2:6 4:4 9:21,2: 800[1] 1:6 -C- F[1] 2:1 one[s] 5:23 7:19 8:15,15 C.S.R[z] 1:5 11:19 Farm[i] 1:6 -K- 8:16 -A- carried[2] 4:9 10:5fees[1] 6:1 Kendall[3] 3:4,11,12 One-Family[1] 3:6 A-1 [1] 3:4 certain[i] 6:5 feet[3] 5:5 6:14 8:3 - open[2] 5:7 8:13 able[1] 8:6 Certified[1] 11:4 Fifth[1] 2:14 -L- ordinances[i] 6:5 above-entitled[1] 1:4 chose[ii 6:7 final[1] 5:1 landscape[2] 5:7 6:19 originally[1] 7:24 abut[1] 5:6 CHRISTINE[3] 1:5 fine[3] 6:2,9 7:16 LASALLE[1] 11:1 abuts[1] 7:8 11:3,19 -P- first[1] 11:3 Leslie[s] 2:12 3:23,24 acres[1] 3:10 City[1o] 1:1,2,7 2:9,10 Fitz[13] 4:12,14,14 6:2 9:17,18 p.m[1] 1:6 Administrator[1] 2:9 2:16 3:3,5 5:18,22 6:15 7:1,5,8,18,23 8:21 License[1] 11:20 park[3] 4:18 7:24 8:4 aforementioned[1] Clerk[1] 2:10 8:24 9:6 LLC[1] 3:2 path[3] 7:24 8:4,10 10:11 close[2] 8:10 9:8 five[2] 6:4,9 lots[12] 5:5,9 6:20,24 7:3 PAUL[1] 2:2 aforesaid[1] 11:11 closer[3] 7:13,21 8:3 follows[1] 4:13 7:4,12,20,21 8:2,9,11 Penman[1] 3:11 agreed[3] 8:8,11,22 comments[41 4:20,23 foot[ii 7:9 agreement[8] 3:8 4:21 5:17 6:11 foregoing[2] 11:8,9 -M- - percent[r 16] 5:8 2 4:24 5:2,24 6:3,6,11 Commission[2] 4:13 g [1 _ perimeter[1] 5:8 fo Agricultural[1] 3:4 4:18 rward[1] 4:10 M[3] 1:5 11:3,19 petitioner[2] 3:8 4:10 Alderman[7] 2:2,3,4,5 Committee[z] 4:19 5:14 main[1] 8:9 petitioners[11 3:2 2:6,7,12 concern[1] 8:9 -G- majority[1] 5:9 placed[1] 8:12 Alderwoman[1] 2:8 Conifer[1] 3:2 Game[1] 1:6 MARTY[1] 2:5 plan[4] 4:13,17 5:10 6:1 Allegiance[1] 2:24 consists[1] 3:9 general[1] 4:16 matter[1] 1:4 Planned[2] 3:5,7 Depo Court Reporting Service Index Page Naperville, Illinois (630) 983-0030 Yorkville City Council Multi-Page`'` Pledge - Yorkvill June 28, 2005 Pledge m 2:24 south[i] 8:5 WANDA[i] 2:6 PRESENT[2] 1:9 2:11 southeast[i] 3:10 WHEREOF[1] 11:13 problem[2] 6:8,9 space m 5:7 Whole[1] 5:14 proceedings[4] 1:3 10:8 SPEAKERPHONE WITNESS m 11:13 11:8,12 [1] 2:11 Wolfer[5] 2:4 3:14 4:7 PROCHASKA[14] 2:1 Spears[ii] 2:8 4:5,6 6:12 10:1,2 3:1,15 4:8 5:16,21 6:10 6:23 7:3,7,16 9:9,23,24 worked[i) 8:3 7:19 8:17 9:1,4,7,11 10:5 special[1] 8:19 wrong[i) 8:19 project[i) 4:19 square[2] 5:5 6:13 WYETH[2] 2:14,15 property[2] 3:9 5:7 ss[t] 10:24 public[6] 4:9 9:8 10:6,9 SSA m 8:22 -Y- 11:8,12 staff[i] 4:22 5:4 PUD yea[1] 8:14 [i] Staff's[i] 4:20 pull[1] 6:15 years[3] 5:24 6:5,5 put[i] 6:6 State[2] 10:24 11:5 yesterday m 4:22 stream[i] 5:6 Yorkville[5] 1:2,7 2:16 structure[i] 8:10 3:3,5 -Q- submit[1] 4:24 questions[3] 5:13,17 Suite[i] 2:14 6:11 sworn[i] 11:4 quick[1] 6:16 -R- -T- testified m 4:13 R-2[2] 3:6 5:4 testimony[i] 5:18 real[2] 3:9 6:16 Thank[4] 5:15 7:16 9:4 rearm 8:11 9:6 received[il 4:20 three[2] 8:7,14 reduce[i) 8:7 through[i) 5:7 REPORT[i] 1:3 times m 6:4 reported[i] 11:7 together[i] 6:6 Reporter[i 1 11:5 Tony[2] 2:9 5:3 request[i] 3:2 too m 8:10 requesting[2] 5:4,24 took m 6:18 Residence[i] 3:6 top[1] 7:14 Response[2] 5:20 9:3 towards m 7:11 restrict[1] 8:11 Township[1] 3:12 revised[I] 4:24 trail[I] 7:22 rezone[i] 3:3 transcript[i] 11:10 Road[i] 1:6 true[i] 11:9 Roads u] 3:11 two[2] 8:16,16 - roll[2] 3:16 9:12 typically[i] 6:1 ROSE[1] 2:8 running[2] 5:6 8:1 -U- _S_ under[21 6:13 7:1 understand[i] 7:20 says[i] 11:4 Unit[2] 3:5,7 Second[21 3:14 9:10 United[4] 1:2 2:16 3:3,4 seconded[2] 3:16 9:12 up[2] 7:11 8:6 service[1] 8:19 set m 11:13 _V_ seven[3] 5:24 6:5,7 VALERIE[1] 2:3 shorthand[3] 11:5,7,10 various[i) 6:4 shrunk[i] 6:19 varying[1] 6:4 side m 8:1 vast[i] 5:8 sit-down m 5:1 VIA m 2:11 Size[2] 6:24 7:4 VITOSH[31 1:5 11:3,19 slightly[i) 6:20 smaller[2] 7:3,4 _w_ smallest[2] 7:5,10 Depo Court Reporting Service Index Page 2 Naperville, Illinois (630) 983-0030 Page 1 of 6 DRAFT COMMITTEE OF THE WHOLE Tuesday, September 6,2005 7:00 P.M. City Conference Room Present Mayor Art Prochaska Bart Olson Alderwoman Valerie Burd Dan Kramer Alderwoman Rose Spears Kelly Kramer Alderwoman Wanda Ohare Mike Schoppe Alderman Marty Munns Harold Oliver Alderman Dean Wolfer John Martin City Attorney John Wyeth Pat Hughes Finance Director Tracy Pleckham Matt Nelson Chief Harold Martin Stephanie Sheetz City Administrator Tony Graff Robert Dearborn Laura Brown, Parks Dept. Debra Dearborn John Thompson The meeting was called to order at 7:00 pm by Mayor Art Prochaska. Presentations: 1. "Protect Kendall Now!"by Stephanie Sheetz of the Conservation Foundation —The Conservation Foundation would like to increase the pace of land protection in Kendall County. They have received two years of funding totaling $300,000. the residents of Kendall County are concerned and support land protection, and elected officials seem to support land protection and sustainable development. There is a need for a cooperative county-wide effort. This will support the other plans throughout the county, and will put all plans on one map. There are numerous partners involved in this effort, including all the municipalities in the county. There will be a 6—8 week media blitz this fall to increase public and political support for land protection, to educate the public on sustainable development and healthy communities. The conservation Foundation would like to organize an ongoing coordinated effort for future green infrastructure projects. 2. PC 2005-13 MPI South—Concept Plan- The total acreage for this property has increased to 906 acres which run from Caton Farm Road to approximately lA mile North of Ament Road. There has been a substantial change in the land use plan from what was presented in April. The new plan is more single family in nature. All the Single Family attached homes in the suburban area were removed. There is 171 acres of open space in the proposal and a 35 acre school site. Wheeler Road was relocated, and there will be a fire station on Wheeler and Immanuel. The lots in the Western Portion are 12,000 square foot minimum. There is a North—South Trail system with open space along the creek corridor. The 10,000 square foot lots are surrounded by open space. They will be built in a traditional neighborhood design on 60 foot wide lots with the garage in the back alley. There will be 2 commons areas in this section. Page 2 of 6 The commercial site will have the storefronts facing out and parking in the rear. There will be some 8,400 square foot minimum lots surrounded by open space. There is a water tower site. The North side of the creek will have a density of 1.58 units per acre, 1.62 units per acre if the commercial is not included in the figures. The Southern portion of the property is in the transitional area. This has also become more single family in nature. 40%of the homes will be attached, and 60% will be single family homes. The single family properties along the west edge will be 8,400 square foot lots that are 70 feet wide. There will be conventional town home neighborhoods as well as courtyard town home neighborhoods. There will also be a section with multi-family housing. There will be a 45 acre commercial site at Caton Farm and Rt 47,a 23 acre commercial site at Walker Rd and Rt. 47 for a total of 68 acres of commercial in the 360 acres of the development that are in the transitional area. Overall 1/3 of the 900 acre development will be open space. The density for the southern portion will be 3.04 units per acre. The overall density is 2.16 units per acre. The Aldermen wondered if the alleys would be public or private and could see them being a maintenance issue in the future. Aldermen Wolfer, Spears, and Burd were concerned about the sizes of the lots. They pointed out that the city has not approved any lots smaller than 10,000 square feet before. The traditional neighborhood district has a proposed 257 homes on 60 l acres, and is an alternative to town homes. Alderwoman Spears asked of there could be some sort of frontage road included to connect the two commercial areas without having to go back out to Rt 47. This will be an SSA. 3. PC 2005-38 Westbury East Village—Concept PUD Plan—This property is 300 acres at Rt 47 and Galena Rd. Additional property has been assembled South and West of the current property for a Golf Course. A portion of the West side of the East Village was re-planned. The previous plan had a commercial site of 23 acres. The new plan has decreased density and increased open space to accommodate the 18 hole golf course, and a banquet facility was added. The new plan had a density of 2.78 units per acre (The old plan had 2.96 units per acre.) The open space was increased in this section by 5 acres for a total of 108 acres. The whole project had 180 acres of open space. There will be a central clubhouse, and satellite clubhouses throughout with pools. Beecher Road will be a local collector, and it is not wished to have truck traffic on this road. There could possibly be a weight limit on the road. Alderwoman Spears asked if the golf course would be public or private. This has not been determined at this time. The central clubhouse would be separate from the golf clubhouse. Alderwoman Ohare asked about the Ml zoning. M1 zoning ends at Corneils Rd. There was discussion about an association. The association documents should be tied to the land titles. This will be a SSA development. Mayor Prochaska stated that items 2, 3, and 4 under the Mayor's Report would be tabled until the next COW. Page 3 of 6 Detail Board Report(Bill list): There was a question on page 20 of the Bill List about the overpayment of a water bill. Instead of applying the overpayment to future bills,the person decided she wanted a refund. There was a question on page 34 of the bill list about the YEDC Business Outing. This was to the Cubs game. The Bill list will move on to City Council for consideration. Items Recommended by Committee for Consent Agenda: 1. Police Reports for July 2005 2. Building Permit Reports for June and July 2005 These items will move on Consent Agenda. Mayor: 1. Revised Senior Facility Use Agreement—There will be a fixed maintenance fee. The Senior Services Associates will not need to use the kitchen. The improvements would be for the Senior Services Associates use. The Parks program would run out of the Castle Bank building. The city is working on a similar agreement for the Parks Department with the fees to pay the cost of the utilities. Item#4, paragraph 2 should be clarified that all subsequent improvements would be approved by the city staff and the Park Board. If the city decided to terminate the agreement, the city would provide a mutually agreeable replacement space, or make repayment to Senior Services on a prorated value. A sign will be allowed in accordance with the sign ordinance. This will move on to city council for a vote. Alderwoman Ohare would like to see more updates from the Senior Ad-Hoc committee. The other Aldermen said the same for the School Board, since there have been no updates. 2. Kendal County Ordinance Adopting and Implementing Agricultural Conservation Easement and Farmland Protection Program—Tabled 3. Amended Sugar Grove Boundary Agreement—Tabled 4. Invitation to Join Metro West Council of Government—Tabled 5. Coffee with the Mayor—September 10th at Paradise Car Wash, 1010 N. Bridge St. from 9:00 am— 11:00 am. City Treasurer: 1. Rob Roy Creek Interceptor Alternate Revenue Bond—Authorizing Ordinance—This is an ordinance authorizing alternate revenue bonds not to exceed$12,000,000 for the sanitary and sewer improvements within the city. This authorization will start the time frame for the Bond. There is a 30 day waiting period. This will move on to City Council for consideration. City Attorney: 1. Countryside Interceptor Waiver of 50% Requirement—There has been a request that the General Contractor(Glenbrook Excavating&Concrete, Inc.)be allowed to subcontract more than 50%of the work to R.A. Ubert Construction. The general contractor is still responsible for the end result, but for the project to be completed in an orderly and timely basis,they will need to subcontract more than 50% of the work. This will move on Consent Agenda. Page 4 of 6 Economic Development Committee: 1. Development Agreement for Robert and Debra Dearborn(Rezoning of 201 S. Main and 204 Hydraulic)—This is for the property on the West side of Main Street across from the old Ameritech Building. The zoning would be from R2 to B2. There was concern that if this project was allowed to begin, the TIF would not be able to be allowed. The value for the TIF district would be based on partial completion. This will move on Consent Agenda. 2. Northwest Comprehensive Plan Amendment—Plan Commission Recommended Alternative#1—The commercial nodes may end up being larger than what was presented here. There was a question about a transitional area between the commercial and the suburban areas. Currently the Westbury project's density does not fit in this plan. Option#1 will move on to city council for consideration,and a vote. 3. PC 2005-35 Bristol Bay Units 1 —7—Final Plat a. Draft Resolution Approving the Final Plat of Subdivision for Bristol Bay Units 1 —7—This will move on to city council. 4. PC 2005-36—Lynwood Baptist Church— 1 1/z Mile Review—This is for an addition on the church. This will move on Consent Agenda. 5. PC 2005-27 Autumn Creek Unit 1—Final Plat a. Draft Resolution Approving the Final Plat of Subdivision for Autumn Creek Unit 1—This will move on to City Council for a vote. 6. PC 2004-27 XPAC—Preliminary/Final Plat a. Draft Resolution Approving the Preliminary/Final Plat of Subdivision for XPAC—This has B3 zoning. The lots will be divided for retail use. There will be no special use areas or requests for variances. This will move on to city council for a vote. 7. PC 2005-03 Aspen Ridge Estates Annexation Agreement and Preliminary Plan—This is waiting for the Fox Road study. The traffic study will go to planning commission on Sept 14th then to COW on Sept 20th. The storm water will be looked at. A clean copy of this will be sent to the Aldermen. Park Board: No Report. Mayor Prochaska wanted to compliment the department for the outstanding work they did for the festival. Public Works Committee: No Report. Public Safety Committee: 1. DVD System for M-12—This is for the council's information. 2. Purchase of Chevy Tahoe—This was recommended by the committee, and was ordered. It was in the capital fees budget,but Tracy Pleckham pointed out that the fees are not currently in the fund. It is possible the contingency fund could pay for this, and be reimbursed from the capital fees fund. Tracy Pleckham and Chief Martin will get together to put together a report. This will move on to City Council for a vote on the contingency fund being reimbursed from the capital fees fund. Page 5 of 6 3. K-9 Bomb Dog—Kane County will give the city the dog and train the dog and handler at no cost. Currently Kane County and Chicago are the only municipalities that have Bomb dogs. Grants could be looked into to fund what else will be needed for this dog. The stipend for the handler comes out of the operations budget. No money is needed right now. This will move forward for a consensus. Initially this will be an additional dog,but in the long run it is a replacement dog. Administration Committee: No Report City Council Requests 1. Parks Land/Cash Funds—Some of the Aldermen asked if Land Cash could be used to build a Senior Facility. Mayor Prochaska said you have to be careful when using land cash. A restricted age subdivision could use 100% of the land cash for this purpose, but in an age targeted area, not 100%of the people will be seniors. Land Cash can be used for a Community Center. There are some age targeted areas in the Grand Reserve Subdivision. New Annexation Agreements could have a percentage of land cash set aside for a Community Center. If a Senior Center was placed on one side or the other of Yorkville,neighboring communities may be willing to help fund the building. A goal needs to be set for the building. What would it take to build a building, and what length of time would there need to be to get to that amount? Human Resource Commission: 1. Revised Sponsorship Policy 2. Revised Sponsorship Request Form The form was revised to match the policy. The deposit fees for the building will not be waived,this was added to the form. This will move on Consent Agenda. Additional Business Mayor Prochaska received a letter from the Post Office describing the current Post Office as excess real property. The city has until September 30th to decide whether or not to purchase the property. The USPS will supply a purchase agreement. They will be contacted to get this information. Alderwoman Burd mentioned the Midwest Literary Festival was to be held this weekend, and Mayor Prochaska would be reading there. The Mayor of Aurora will also be reading, and has invited all the other Mayors in the area to read also. It will be held downtown Aurora on Saturday and Sunday. Alderwoman Spears asked what the status was on the Henning property. The settlement was approved at the last meeting, and Attorney John Wyeth will be in court on Friday for this. Alderwoman Spears asked if there were any other situations like this one. Attorney Wyeth is having discussions with the owners on the other side of the creek. Alderwoman Spears had asked the Grant Writer in May if there were any Grants available for the Rt 47 improvements. The Bike Trail Grant is part of the Rt 47 improvements. Page 6 of 6 Alderwoman Spears asked if there was any Grant money available for the Seniors, and for transportation. PACE has used buses available. Alderman Munns asked about Mosquito Spraying. If there was a way to find out when the company would be spraying ahead of time, to be able to warn the citizens with breathing problems, such as asthma. A citizen contacted him because no one seemed to know when it would happen, or even that it did happen. Besides the city, Bristol Township also sprays for mosquitoes. Mayor Prochaska said the Grant for$200,000 was awarded to connect to the Montgomery and Oswego bike trails. Also, the Cable Consortium will be giving a refund of$8,524.98. Alderman Munns pointed out the tornado siren was late this morning. There will be a new agreement with the Salvation Army Golden Diners coming soon. The meeting was adjourned at 10:48 pm. Minutes submitted by Laura Leppert. C i rY ricimE y 41 / STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2005- AN ORDINANCE VACATING SCOTT ROAD FROM ILLINOIS ROUTE 47 SOUTHWEST TO ILLINOIS ROUTE 71 IN THE UNITED CITY OF YORVILLE WHEREAS, the UNITED CITY OF YORKVILLE has received a Petition to Vacate all of Scott Drive, a publicly dedicated road located between Illinois Route 47 and northwest to Illinois Route 71 within the UNITED CITY OF YORKVILLE; and WHEREAS, the UNITED CITY OF YORKVILLE, through its Mayor and City Council has held a Public Hearing pursuant to 65 ILCS 5/11-91-1 permitting all public input and comment in regard to said Petition to Vacate said road; and WHEREAS, it is the intention of the UNITED CITY OF YORKVILLE to vacate said road as described in the Petition and as described in the attached Exhibit"A"which is the legal description for the proposed vacated road as well as the attached Exhibit"B" which is a Plat of Vacation representing the area to be vacated; and WHEREAS, the UNITED CITY OF YORKVILLE intends to vacate said road, described in Exhibit"A" and depicted upon Exhibit"B"to Crestlake Holdings, LLC, being the only adjoining land owner on each side of the road; and WHEREAS, the City Council of the UNITED CITY OF YORKVILLE finds that said property does not have substantial value that would result in compensation to the City nor does the vacation cause any loss to any landowner requiring compensation to any adjoining ad'oinin landowner; and WHEREAS, the City Council of the UNITED CITY OF YORKVILLE has determined that it is in the public interest to vacate said road thereby relieving the City of any burden of maintenance and repair of the road, and further that the vacating will promote economic development of the property adjoining the vacated road. NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the property described on Exhibit "A" and depicted on Exhibit"B" and commonly known as Scott Road is hereby vacated to Crestlake Holdings, LLC The City Council further finds that the vacating of said street/road/right of way is in the public interest based upon the findings of the Council, and that no damage(monetary of otherwise) shall result to the residents of the UNITED CITY OF YORKVILLE by reason of vacating said street/road right of way. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder certified copy of this Ordinance, together with Exhibit"B"the Plat of Vacation annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of ,A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 TV y PREPARED BY: Thomas W. Grant Attorney at Law P.O. Box 326 Yorkville, IL 60560 (630) 553-0088 RETURN TO: UNITED CITY OF YORKVILLE 800 Game Farm Road Yorkville, IL 60560 GRANT OF TEMPORARY& PERMANENT EASEMENT FOR WATER MAIN AND EASEMENT CONTRACT WHEREAS, the UNITED CITY OF YORKVILLE, a Municipal Corporation, organized and existing under the laws of the State of Illinois, hereinafter referred to as GRANTEE, installs, operates and maintains, as a part of its corporate functions, water lines and mains and outlets, with all necessary appurtenances thereto, through and across lands lying and being in the City or immediately adjacent thereto, including the hereinafter described land of the GRANTOR; and 1 WHEREAS, COSMOPOLITAN BANK & TRUST, TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 7, 2003, AND KNOWN AS TRUST NUMBER 31541, is the owner, subject to diverse matters of record, of all or a portion of the real estate hereinafter described as and under the caption of Exhibit "A" and is willing to grant a ten (10) foot Easement upon, along, under, through, and with reference to said real estate for the purposes herein specified. NOW, THEREFORE, the said COSMOPOLITAN BANK & TRUST, TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 7, 2003, AND KNOWN AS TRUST NUMBER 31541, % Peter Sahlas, 106 River Road, Yorkville, Illinois, 60560, for and in consideration of the sum of $15,000.00 and other good and valuable considerations herein expressed, the receipt and sufficiency of which are hereby acknowledged, does hereby grant, give and convey unto the UNITED CITY OF YORKVILLE, a Municipal Corporation of the State of Illinois, its successors and assigns, the perpetual easement, privilege, right and authority to construct, reconstruct, repair, inspect, maintain and operate a public water line or main, including any and all necessary manholes and underground connections, underground appliances and other underground structures and appurtenances as may be deemed necessary by the CITY, upon, under and through the herein described tract of land owned by the GRANTOR. This Grant of Permanent Easement is made and given subject to the following conditions and reservations: 1. The GRANTOR, its successors and assigns, shall have and retain all rights to the use and occupation of said real estate except as herein expressly granted or 2 necessarily interfered with by the installation, maintenance, repair and operation of the water line or main. With the exception of manholes, which may be installed and maintained at grade or ground level, water improvements and appliances shall be installed and maintained underground. 2. Said water line and main and all appurtenances thereto shall be constructed and maintained at the sole cost and expense of the GRANTEE. 3. The GRANTEE shall indemnify and save harmless the GRANTOR, its successors and assigns, from any loss, damage or expense in the nature of legal liability which the said GRANTOR may suffer, incur or sustain or from which the said GRANTOR may become legally liable arising or growing out of any injury or damage to persons, or damage to real or personal property, caused by any negligence of the GRANTEE, or its contractors, sub-contractors, agents or representatives, or any of them, in the installation, maintenance and operation of said water line or main and their appurtenances. 4. The GRANTOR, for itself and its successors and assigns, covenant and agree that they shall not in any manner disturb, damage, destroy, injure or obstruct said public water line or main and the appurtenances thereof, and will not obstruct or interfere with the GRANTEE, its contractors or sub-contractors or with the agents or employees of them or either of them, in the exercise of any of the rights, privileges or authorities hereby given and granted. 5. As additional consideration for this Grant of Permanent Easement, the CITY agrees that it shall, at the time of and as part of the project of the installation of the 3 public water line or main improvements, at the sole cost and expense of the GRANTEE: A. Restore the surface of said permanent easement to the condition thereof existing at the time of entry upon same, and shall leave the surface of such easement level and free of all debris, rocks in excess of two inches (2"), and gravel, and provide a covering of a minimum of six inches (6") of clean, black, fertile top soil and replace grass with seeding whenever disturbed, and replace blacktop whenever disturbed. Boulders in excess of twelve (12") shall be stored on the GRANTOR'S real estate east of the Easement and shall not be removed from the GRANTOR'S real estate, without the prior written consent of the GRANTOR or Peter Sahlas. B. Replace all lot lines and property line stakes moved or disrupted in the course of performing work in connection with the purpose of which this easement is granted. C. Construct no more than one (1) public water main or line within the easement area. No structures shall be constructed above ground elevation. Any manhole covers shall be flush with the ground. D. Insure that electric, telephone, cable service and other public utility services are not interrupted during construction and that following installation of the improvements that any services temporarily disconnected are reinstalled at the expense of the GRANTEE in accordance with the utility companies minimum requirements for elevation and use. E. Pay to the GRANTOR (By payment to Peter Sahlas) the sum of $15,000.00 upon the execution of this Easement. F. Pay to the GRANTOR (By payment to Peter Sahlas) the sum of$500.00 upon the execution of this Easement, to reimburse him for the Attorney's Fees and costs incurred by him in connection with the preparation, negotiation and execution of this Contract. G. Replace all existing trees and landscaping on a one to one basis with a species and location to be determined by GRANTORS removed or interfered with, both on site and on the property adjoining to the west, in the construction of the improvements in accordance with the landscape plan attached as Exhibit "B", which has been agreed to by the GRANTOR and GRANTEE, providing for the installation of thirteen (13) 8-foot spruce trees, eleven (11) 2 1/2-inch diameter shade trees, and twenty-two (22) 30-inch shrubs. H. Repair and restore any damage to the existing lot improvements, including existing drainage, to the condition found at the time of commencement of 4 construction of the improvements. I. Provide construction drawings referenced in Exhibit C and a written schedule referenced in Exhibit D to GRANTOR for construction and restoration activities. Said construction drawings shall show existing and/or proposed locations of manholes, property lines, trees, pavement and curb. 6. The GRANTOR shall have the right to construct future buildings on the real estate at a location not closer than ten (10 ) feet to the West lot line of GRANTOR'S real estate. That is, the GRANTOR shall have the right to build up to the East line of the water line or water main easement. Furthermore, GRANTOR shall have the right to plant trees and other landscape products within the easement area, in addition to those replaced by the GRANTEE, and shall have the right to construct a driveway within the easement area and a parking lot within the easement area, to be paved with either concrete, bituminous concrete, or a gravel surface, and curbing. However, no buildings or structures of a permanent nature, other than curbing, shall be installed or constructed within the easement area. 7. The GRANTEE shall signify its acceptance of this Grant of Permanent Easement in writing. 8. This indenture and the covenants and agreements herein contained shall run with the land and shall be binding upon the GRANTOR, its successors and assigns, and upon the GRANTEE, its successors and assigns, and shall be in full force and effect when accepted by the GRANTEE in the manner herein provided. 5 IN WITNESS WHEREOF, the GRANTOR has executed this Grant of Temporary & Permanent Easement and Easement Contract this day of , 2005. COSMOPOLITAN BANK & TRUST, TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 7, 2003, AND KNOWN AS TRUST NUMBER 31541 By: Trust Officer APPROVED: Peter Sahlas, Sole Beneficiary STATE OF ILLINOIS ) ) SS COUNTY OF ) I, the undersigned, A Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY That Trust Office of COSMOPOLITAN BANK & TRUST, TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 7, 2003, AND KNOWN AS TRUST NUMBER 31541, who is personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he signed and delivered the same instrument as his own free and voluntary act and the free and voluntary act of COSMOPOLITAN BANK & TRUST, TRUSTEE UNDER TRUST AGREEMENT DATED JUNE 7, 2003, AND KNOWN AS TRUST NUMBER 31541, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this.;, '1 day oft.-rn b , 2005. OFFICIAL SEAL LA-4:4V -- c1/71t - ANNETTE WILLIAMS Notary Public NOTARY PUBLIC-STATE OF ILLINOIS MY COMMISSION EXPIRES:12/13/08 6 ACCEPTANCE The foregoing Easement is accepted this \ day of , 2005. UNITED CITY OF YORKVILLE, i/ By: _/1/_ . i / Mayor ATTEST: ler Z:\Real Estate.2005\SALAS.EASEMENT.092705.doc 7 EXHIBIT "A" LEGAL DESCRIPTION GRANTOR'S PARCEL: THE WEST 80 FEET OF LOT 7 OF THE NORTH EAST FRACTIONAL QUARTER OF SECTION 32 NORTH OF THE FOX RIVER, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN ACORDING TO THE PLAT OF SAID SECTION, RECORDED IN PLAT BOOK 1, PAGE 84 AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF KING STREET AND THE RIVER ROAD IN THE VILLAGE OF BRISOL AND ON THE EAST LINE OF THE MILL LOT, THENCE EAST ALONG THE CENTER LINE SAID RIVER ROAD, 80 FEET, THENCE SOUTH TO THE NORTH BANK OF THE FOX RIVER, THENCE WESTERLY ALONG THE BANK OF SAID RIVER, 80 FEET TO THE EAST LINE OF SAID MILL LOT, THENCE NORTH ON SAID LINE TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS. PERMANENT EASEMENT PARCEL: THE WESTERLY 10 FEET OF GRANTOR'S PARCEL DESCRIBED ABOVE. TEMPORARY EASEMENT: THE TEMPORARY EASEMENT SHALL BE LIMITED TO THE WESTERLY 40 FEET OF GRANTOR'S PARCEL DESCRIBED ABOVE AND SHALL BE IN EFFECT UNITL THE COMPLETION OF THE INSTALLATION OF THE WATER LINE OR MAIN AND ALL RESTORATION. 8 EXHIBIT "B" LANDSCAPE PLAN Reference is made to Landscape Plan dated September 27, 2005. EXHIBIT "C" CONSTRUCTION DRAWINGS Prepared by Engineering Enterprises, Inc., bearing revision date March 30, 2005. EXHIBIT "D" CONSTRUCTION SCHEDULE Reference is made to proposed Schedule for Contract B.3-Wells No. 3 and 4 Ray Watermain Water Works System Improvements City of Yorkville, Kendall County, Illinois. 9 C` l p YID:v ---it t , o c��ii ii; � United City of Yorkville Memo pe, ,_ 1` 800 Game Farm Road 1836 Yorkville, Illinois 60560 Telephone: 630-553-4350 -r-ill Fax: 630-553-7575 NI.E ‘vv Date: September 26, 2005 To: Attorney John Wyeth From: Ton }.7„c_r„, CC: Mayor& City Council Members Subject: Amendment to the Water Main Easement for Peter Sahlas's Property on River Rd The amendment is to clarify the restoration as related to landscaping with an estimate cost of $13,500 and an additional request as recommended by Mr. Sahlas's Attorney Tom Grant of a $15,000 cash payment in lieu of fees and a good faith letter for future re-zoning of the property for multi-family as indicated within the Comprehensive Plan, since plans can change Mr. Sahlas would like the cash to begin the process now for re-zoning. The following is the estimated landscape costs: 13 —8' Spruce @$500 $ 6,500 11 —2 %2 Shade Tress @ $500 $ 5,500 22—30" Shrubs @$65 $ 1,430 Total $13,430 The recommendation by staff is to approve the amendment to the easement for the$15,000 cash payment,which Mr. Sahlas states he will accept. C I i V CL, == ' / Illinois Department of Transpo14:02005 Divisipon of Highways/ District 3 700 East Norris Drive/Ottawa, Illinois/61350-0697 Telephone 815/434-6131 September 14, 2005 Ms. Jacquelyn Milschewski City Clerk 800 Game Farm Road Yorkville, IL 60560 Dear Ms. Milschewski: Enclosed is a copy of Final Audit 00-00023-00-GB dated July 8, 2005 covering the receipt and disbursement of the G.O. Bond Issue. PLEASE REFER TO BLR 7402 OF THE AUDIT FOR THE AUDITOR'S COMMENTS. This report should be presented to the Mayor and the City Council at the first regular meeting after the receipt of this letter and then filed as a permanent record in your office. If you have any questions or require additional information, please contact Deb Baxter at 815-434-8421. Sincerely, Gregory L. Mounts, P.E. Deputy Director of Highways Region Two Engineer By. amen R. Threadgill III, P.E. . District Local Roads & Streets Engineer cc: Debra Baxter, MFT Auditor Audit • Agency kic<<e; �L�r Audit for: Audit Year n Motor Fuel TaxJOLCI (L-11-01; ❑ Township Bridge Audit Number ❑ Special Assessment AA —L06 23—eti-6r6 L I-G.O. Bond Issue MFT Fund Bond Issue Date U Illinois Department of Transportation Bureau of Local Roads and Streets DI D onn0 ILLINOIS DEPARTMENT OF AUDITOR'S CERTIFICATE TRANSPORTATION AUDIT REPORT NO. Final Audit 00-00023-00-GB CITY OF YORKVILLE We hereby certify that we have audited the books and records in so far as they pertain to the receipt and disbursement of$625000.00 General Obligation(Alternate Revenue Source) Bond Funds, Series 2002, for the City of Yorkville, and that entries for receipts in these books and records are true and correct and are in agreement with the records maintained by the Department of Transportation and that entries for disbursements are supported by canceled warrants or checks with exceptions noted in the audit findings. We further certify that we have verified entries in the claim registers with the original claims and canceled warrants, that we have examined and checked the records fo the City Clerk and City Treasurer, have compared the expenditures listed in the warrant registers of those offices against the minutes of the City Council maintained by the City Clerk and have found them to be in accordance therewith exceptions noted in the audit findings. Auditor REVIE * • AND APPROVED BY Date: �'��-�_ MILicaie r / Di rict Loc. 'o .s and Streets Engineer BLR 7401 AUDITOR'S COMMENTS ILLINOIS DEPARTMENT OF TRANSPORTATION Audit Report No.Final Audit 00-00023-00-GB CITY OF YORKVILLE Purpose c: To determine the status of an Ordinance providing for issuance of$625,000.00 in General Obligation(Alternate Revenue Source)Bonds,Series 2002,for the purpose of Highway Improvements and of a Resolution appropriating Motor Fuel Tax funds to pay principal and interest on said bonds. This audit was made in accordance with generally accepted auditing standards and procedures by the applicaiton of such tests as were considered neccessary in the circumstances. The Construction project financed by this bond issue is 00-00023-00-FP. Bond funds were disbursed as follows: Income: Disbursements: Sale of Bonds 625,000.00 Aurora Blacktop 547,396.05 Bond discount (6,250.00) Commonwealth Edison 1,545.02 Accured interest 716.46 MFT Account(Repayment) 90,639.35 Total Proceeds 619,466.46 Bond Interest Payment 18,341.38 Bond Administration Fee 214.00 Error-Needs to be Reimburse 232.50 Interest Earned(minus bank fees) 6,627.75 MFT Account 107,458.74 658,368.30 _ Outstanding Bills 5,300.00 733,552.95 663,668.30 Ending Bank Balances: Alternate Bond Fund Pledge Revenue Account 10,036.48 Total Income: 733,552.95 Project Fund 2002 65,148.17 Total Disbursements: (663,668.30) Reimbursement Due from MFT fund 31,189.68 Reimbursement Due Bond from MFT 31,189.68 Outstanding Bills (5,300.00) Reimbursement Due Bond from General _ 232.50 Reimbursement Due bond fund 232.50 101,306.83 101,308.83 The bill reimburse to the General Fund in the amount of$232.50 was In error and needs to be reimburse to the bond fund. The bills noted as outstanding in the initial audit were paid by the general fund and need to be reimburse to the General Fund by the Bond Fund for a total of$5,300.00. The MFT Fund owes the bond fund$31,189.68 for the balance of the TARP grant. BLR 7402(Rev.1-90) SIGNED STATEMENT OF ACCOUNT 1-11-LIFIF LAST STATEMENT: APRIL 30. 2005 CASTLE BANK THIS STATEMENT: MAY 31. 2005 TOTAL DAYS IN STATEMENT PERIOD: 31 0 P; PAGE NUMBER ACCOUNT NUMBER Kc.J. PAGE 1 OF 1 f DIRECT INQUIRIES TO: 1-800-990-5713 CASTLE BANK N.A. CITY OF YORKVILLE 141 W LINCOLN HWY ALTERNATE BOND FUND PLEDGE REVENUE ACCT DEKALB, IL 60115 800 GAME FARM RD YORKVILLE IL 60560 0 ACCOUNT NUMBER ENDING BALANCE MONEY MARKET PUBLIC FUNDS 10,036.48 ACCOUNT NUMBER BEGINNING BALANCE 10,014.38 0080514782 LOW BALANCE 10,014.38 AVG COLLECTED BALANCE 10,014.00 INTEREST PAID YEAR TO DATE 92.29 TOTAL ADDITIONS 22. 10 TOTAL SUBTRACTIONS 00 DATE DESCRIPTION ADDITIONS SUBTRACTIONS 05-31 #INTEREST CREDIT 22. 10 DAILY BALANCES DATE AMOUNT DATE AMOUNT DATE AMOUNT 04-30 10,014.38 05-31 10,036.48 it%r MIST, rpm" STATEMENT OF ACCOUNT 1-14-4-117 LAST STATEMENT: APRIL 30. 2005 CASTLE B i N K THISSTATEMENT: MAY 31. 2005 A TOTAL DAYS IN STATEMENT PERIOD: 31 PAGE NUMBER ACCOUNT NUMBER PAGE 1 OF 1 rORK ttt_C:1 t: C_f .f�,��)1 IC. 1i2c -f September 21, 2005 Dear Resident/Property Owner: The City of Yorkville has entered into a contract with Glenbrook Excavating & Concrete, Inc. to construct a new sanitary sewer along Countryside Parkway and Route 47. This sewer will connect to the new Countryside Pump Station, currently under construction on Route 47 near Carpenter Street. The sewer is needed to serve the commercial areas along Route 47, and other areas to the east. Work is scheduled to begin during the week of October 3rd. Construction will begin by connecting to an existing sewer near Blackberry Creek where it crosses Route 34. The new sewer will then be extended to the intersection of Countryside Parkway and W. Kendall Drive. From that point the sewer will be constructed along the south side of Countryside Parkway to Route 47, and then along the west side of Route 47 to the new pump station. During construction individual sections of Countryside Parkway will be closed to through traffic. Detour signage will be provided. Access to individual driveways will be blocked for short periods of time as the work progresses, but we will try to have all driveways open at the end of each workday. We anticipate that construction of the sewer and roadway/driveway restoration will be completed this fall. Most of the landscape restoration will probably need to be performed next spring. We appreciate you patience and cooperation as we proceed with this project. If you have questions or any special concerns about the project,please call the Engineering Department during normal business hours at 553-8545. P14 1 ,MS'S ° f1. T o United City of Yorkville Memo J -0. 800 Game Farm Road • %esEST. 'iii 1836 Yorkville, Illinois 60560 � Telephone: 630-553-4350 "11 '�! w p� Fax: 630-553-7575 Date: September 22, 2005 To: Mayor and Aldermen From: John Justin Wyeth, City Attorney Subject: Heartland Circle—Acceptance of Streetlights The September 27, 2005 consent agenda includes the above referenced topic. I've attached City Engineer Joe Wywrot's September 20, 2005 memo concerning this topic. It is my opinion that the agreements with the developer shall dictate the developer's obligations for repair and adjustment of the streetlights (specifically the one year warranty), and that the acceptance, as recommended by the City Engineer will not change this obligation. If there is an extraordinary concern, the City may wish to express the concern and decline reduction of a letter of credit, or deny the acceptance of the improvements. However, this does not appear to be the case here. Otherwise, it is my opinion that the Council may rely upon the City Engineer's recommendation to accept the street lights, and rely upon the prior agreements for enforcement of any obligations that the developer may have for repair or adjustment in the future. `��0 Co.c United City of Yorkville Memo I ,!_L-1,477- EST. 6 800 Game Farm Road EST 1836 Yorkville, Illinois 60560 ,� r Telephone: 630-553-8545 �11 p Fax: 630-553-3436 'WOO County 44*. 144E `y"/ Date: September 20, 2005 To: Tony Graff, City Administrator From: Joe Wywrot, City Engineer tw\ CC: John Wyeth, City Attorney Liz D'Anna, Administrative Assistant Subject: Heartland Circle—Acceptance of Streetlights The streetlight punchlist for Heartland Circle is complete and all lihts are currently operational. Consequently, I prepared a memo dated September lot recommending acceptance of the streetlights, with the condition that the developer repair and adjust the streetlights as may be necessary due to builder activity. That condition was based on the March 15, 2005 letter(attached) that we received from the developer. This item in on tonight's City Council agenda for approval. I got a call today from Gary Neyer from Richard Marker Associates, Inc. today stating that the streetlights are not covered by their March 15th letter, and furthermore that underground utilities are also not covered beyond the expiration of the one-year warranty period. I told Gary that I disagreed and asked him to send us a letter(also attached) explaining his position prior to the vote at tonight's City Council meeting. Since this is a legal matter coming up at the last minute, I recommend that acceptance of the streetlights in Heartland Circle be tabled until John Wyeth can review this matter and offer his opinion. If you have any questions regarding this matter, please see me. )) flicliaftfMarkerissociaies, lila Architects • Builders,• Developers 654Hear[landDrive.• Yorkville,IL 60560 March 15, 2005 Mir. Joseph Wyv,iot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 RE.: Acceptance of Public Improvements for Heartland. Circle Subdivision Dear /Yin Wyurot: Richard Marker Associates, Inc. does hereby concur with the following provisions: 1. That we, as the developer, will be responsible for cleaning of all stoiin inlets, catch basins, manholes and making all landscaping structure adjustments adjacent to the roadway. 2. That we, as the developer, will be responsible for the general adjustments including hydrants, valve vaults, buffalo boxes, and miscellaneous structures in accordance with completed street.construction. 3. That we, as the developer, will be responsible for all structure damages and cleaning of sanitary lines that result from builders construction activity. Bills of Sale are enclosed. A Maintenance Bond will be submitted, pending the City's acceptance of the improvements described in the Bills of Sale. Final inspection has been completed and test reports have been submitted. Record Drawings have been submitted. Sincerely, Richard Marker Associates. Inc. i.: • 'Never Enc. 530,553,3327 N70176630.553.5736 fax • Ricftar#Marlwrissociales, fisc. Architects•Builders•Developers 654NeartlaudDrive• Yorkville,1160560 September 20, 2005 Mr. Joe Wywrot City Engineer United City of Yorkville 800 Game Farm Road Yorkville, IL. 60560 Re: Heartland Circle Subdivision- Street Light Acceptance Dear Mr. Wywrot: Having received your letter dated September 16, 2005 relative to the acceptance of street lights in Heartland Circle, we feel it necessary to make clarifications on the issue of repairs and adjustments that you refer to in the second sentence of that letter. Toward that end we submit the following points: 1) The Development Agreement for Heartland Circle allows us as developer to request acceptance of improvements on an"ala carte" basis prior to the 70% completion benchmark. The agreement also obligates the City to accept presented improvements within a proscribed time frame, pending successful completion of any punchlist items. Upon acceptance by the City, we are obligated to post a one-year maintenance bond. Our obligation to warranty or maintain the accepted improvement ends with the expiration of the maintenance bond. 2) The March 15, 2005 letter from us and referenced in the second sentence of your letter does not in any way contradict our obligations as stated in the Development Agreement and outlined in point#1 above. The language in the 3/15/05 letter pertains to adjustments that are to be done during the punchlist period prior to acceptance and to adjustments necessitated by the completion of now-undone improvements (specifically, the finish course of street asphalt). Further, the language pertains to, respectively by point, a) storm sewers, b) water mains, and c) sanitary sewers. Street lights are not included anywhere in the letter. 3) The concept stated in the second sentence of your letter creates an obligation on our part that is clearly a misinterpretation of the Development Agreement and our letter of 3/15/05. Such an open-ended obligation as you seem to be referring to is completely inequitable. Following that line of thinking, for example, would obligate us to repair any damages done to any improvement on a lot that was not built upon for twenty years. 4) The obligation to repair damage done to accepted improvements should be borne by the party that has done the damage. If damage is done by us as developer, we will bear responsibility for the repair, otherwise we will not. The Maintenance Bond is for the purpose of ensuring that the completed system(s) operate as designed. It is not put in place to reimburse costs for damages done. 830553,3322 Owe 630.5535736 fax Based on the points above, we maintain that we have not in any way, obligated ourselves to "remain responsible for repair and adjustment of structures" as stated in your letter. We understand that we are required to make necessary repairs and adjustments in the completion of punchlists. We also understand that we are required to make adjustments necessary in the process of completing any unfinished improvements. We therefore respectfully request that any language such as that contained in the second sentence of your letter, be omitted from all documentation needed for the City's acceptance of Heartland Circle street lights and all other improvements to come. Feel free to contact me with questions or if you wish to discuss the matter further. Very truly yours, Richard Marker Associate , Inc. /6f-7/( G Neyer Cc: John Philipchuck, DBCW Tony Graff, City Administrator Arthur F. Prochaska, Mayor John Wyeth, City Attorney • REV-CLB-9/5(4s}61211/05 ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT (Garritano/Brummel Property) • THIS ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the 7{ }8[27th] day of September, 2005 by and between MPLIV 10, LLC, MPLIV 20, LLC AND MLH YORKVILLE, 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". • CHO I/3{12439329.2}4[12439329.3] 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 256 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 "9{wry}10[Concent] Plan") attached hereto as Exhibit D-1 and depicted on the Preliminary PUD Plat and Plan prepared by Smith Engineering Consultants, Inc. "[comprised[comprised of 16 pages ]dated September 2, 2005 (the "Preliminary PUD Plan") attached hereto as Exhibit 12113-27)13[L] 2{ }13[E] (ii) an R-2 Single Family Residence District as a community consisting of detached single-family residences on approximately 294 acres legally described on Exhibit B-2(1) and (2) attached (the "Conventional Residential Parcel") and depicted as Neighborhoods 11, 12, 1404)15.—13, 14] and 16{4-4117[15] on the I8{Pr ry}19[Concept] Plan (the Age-Restricted Residential Parcel and the Conventional Residential Parcel are herein • CHO I/I{12439329.212[12439329.3] 2 sometimes collectively referred to as the "Residential Parcels") and (iii) a B-3 Business District • with the uses listed as Permitted Uses in the B-3 Business District, on approximately 30 acres, legally described in Exhibit C attached hereto (the "Commercial Parcel") and as depicted as commercial on the 20{D==elim=nafTi 21[Concept] Plan. E. MPLIV 10, 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, • 2 CHOI/1{12439329.2} [12439329.31 3 will inure to the benefit and improvement of the CITY in that it will increase the taxable value of • the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. 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 22{44123[14] and 24{4-47125[15 ] is contiguous to the corporate boundaries of the CITY. After annexation of the balance of the SUBJECT PROPERTY to the CITY, Neighborhoods 26{44}27[14] and 28{44}29[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 • 2 CHOI' {12439329.2; [12439329.3] 4 accordance with the terms and provisions of this Agreement, and be subject to the applicable • ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. 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, 30{including,the Preliminary Plan for the SUBJECT PROPERTY attached hereto as Exhibit D 1 IP a4}31[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 32{04133[E which shall govern and control the development of the Age Restricted Residential Parcel as a Planned Development] and agree that the annexation, 34[and ]zoning 35{atid-plaig-}for the SUBJECT PROPERTY36[ 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. • CHOI/ 112439329.2}2[12439329.3] 5 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 and rezone the SUBJECT PROPERTY, except for Neighborhoods 37{1 }38[i4] and 39{44}4O[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 single41{-}47[_]family residences 43{ee}44[in accordance with the Preliminary PUD Plan attached as Exhibit E and this Annexation A• eement and Planned Develo.ment A• eement for] approximately 256 acres legally described on Exhibit B4'{-}46[_]1 attached hereto (the "Age47{-}48[=]Restricted Residential Parcel"), (ii) an R-2 Single Family Residence District as a community consisting of detached single49{-}50[_]family residences on approximately 192.17 • acres depicted1 1 51{ t} [ ] Neighborhoods 52 as 53 r�}54[ 1 11 12] and 55{42156[13] on Exhibit t D57{4}58[ and] legally described on Exhibit B59{ 2 designated as Neighborhoods 11 and 12 on Exhibit B }60[_]2(1) attached (the "61[Southerly Portion of the ]Conventional Residential Parcel62{" - - • • - . • - - •. - . -- . . . • - - - . - b -•- - - ••- • . - • - - - . . - - "• - - •. '. _ }") and (iii) a B-3 Business District with the uses listed as Permitted Uses in the B-3 Business District, on approximately 30 acres, legally described in Exhibit C attached hereto (the "Commercial Parcel")63{ all as shown on the Preliminary Plan attached hereto as Exhibit D 1,}64[0 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. S CHOI/I{12439329.2}2[12439329.3] 6 B. As soon as reasonably practicable after Neighborhoods 65{.14}66[14] and • 67 1681.1 5 depicted on Exhibit D69{41 and legally described on Exhibit B70 I 2(2) (the "Northerly Portion]72 of the Conventional Residential Parcel73["]) become contiguous with the corporate boundaries of the 74{ •_ - • .-.. . - . . '- }75[CITY the Corporate Authorities] shall adopt such ordinances as may be necessary and appropriate to annex and rezone Neighborhoods 76{4-3177[14] and 78{4-4179[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 101.18 acres80{ and (ii) such property shall be and }81 . - • . •: •. ' - •: - •. '. - 82{ for purposes of this Agreement}. 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 83{' . - - -•. ` : -- ' - •• . - }PUD Plan (Exhibit 84{p2}8'[E]). D. The CITY agrees to consider future applications for a special use 46[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 87{therefer}88[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 89{E}90E} 1111 CHOI/ {12439329.2}2[12439329.3] 7 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`''{ . : . •- . •. }92[_ The utilities and public improvements to be installed on the Age Restricted Residential Parcel are depicted on Exhibit E attached hereto ("PUD ]Utilities and Public Improvements93[1,])94{ except as otherwise provided in this Agreement}. 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 improvements9'{ }. 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. • CHOI/ I{12439329.2}2[12439329.3] 8 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. 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. CHOI; {12439329.2}2[12439329.3] 9 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 96[from Rob Roy Creek ]to the SUBJECT PROPERTY97[ by April, 2006] in order to provide sanitary sewer service to the SUBJECT PROPERTY98[ 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 , 2006..][ E. ]99 10°[In order to assist the CITY in funding the cost of extending the Rob Roy Interce•tor from Rob Ro Creek to the SUBJECT PROPERTY and throu.h the SUBJECT 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 "Sanita Sewer Interce s for Fundin l A.reement" similar to the a. eement recentl entered into b the CITY YBSD and several develo.ers for the fundin l 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]. s CHOI/1{12139329.2)2[12439329,3] 10 { :-101 Recognizing the current status of the construction and financing of the Rob RoyInterceptor Sewer and based on the multiple residential and commercial products to be p p 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 • PROPERTY and approved by the applicable sanitary district, if required by any law or ordinance.j 7. 1°2 103[STREETS AND ROADS.]] A. ]104 105[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(11 est.blishes b DEVELOP R for the A'a 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 • CHOI/1{12439329.2}2[12439329.3] 1 1 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. 17. DEDICATION OF AND IMPROVEMENT OF PERIMETER ROADWAYS 106 107 perimeter Roadwaysj. Subject to the applicable governmental laws, - j Y 1• J PP • ordinances and regulations, those portions of the perimeter roadways to the 108{Property a:, - - -- - - - - :}1° [Age Restricted Residential Parcel as depicted] on Exhibit 11°{F4)111[E] shall be dedicated, constructed and/or bonded by DEVELOPER H2{or the Commercial Developer each as to the roadway improvements located in front of that portion of the SUBJECT PROPERTY it is developing in the manner described in • -• .. . . -j . . . . - .. - - _ : - . . . . - r }113[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 114{which is contiguous to such 11' for theparcels of the SUBJECT PROPERTY containingthe accesses p��;�ead�y�} [ and shall be installed by DEVELOPER or OWNER of such parcels]. The costs incurred 11611„+ DEVELOPER }in connection 117{therewith}1 18[with any parcel] shall be credited 11911e112°[with] the $2,000 per unit Off'21{-}177[_]Site Road Fee otherwise payable 123{hy DEVELOPER }to the CITY 124[for such parcel ]and shall 125[further ]be credited 126{te}127[with] the $1,000 per unit Kendall County Transportation Fee178[ as to the access improvements installed on Galena Road, only.]. All other improvements to 129{per-=roads}130[Galena Road, Becker Road and Baseline Road] required by the CITY shall be installed by the CITY at • CHOI/ 1{121393292)2[12439329.3] 12 its own cost.131[ 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 Security. 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 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 111 CHOI/ {12439329.2}2[12439329,3] 13 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 Underground 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. 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 • CH01!1{12139329.2}2[12439329.3] 14 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 licable 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 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 • CHOI/ {12439329.2}2[12439329.3] 15 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 hin 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. 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 • CHOI/1{12134329212[12439329 3] 16 by the CITY, shall not be applied to the development of the SUBJECT PROPERTY except upon 4111 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. 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. CHOI/I{12939329.2}2[12439329.3] 17 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 thea application is disapproved, the CITY shallprovide the applicant with a statement in writing pP PP 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 buildingpermits upon the compliance with those legal and documentary requirements so p p g q specified by the CITY. C. Subject to any other necessary governmental regulatory approval, the CITY shall • permit OWNERS and/or DEVELOPER, and their duly authorized representatives, to install temporary waste water holding tanks and temporary water facilities to serve sales offices or 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. CHOI/1{12439329.2}2[12439329.3] 18 D. Subject to the provisions of Section 13 hereof, no permit fees, plan review fees or 411 inspection fees which are not generally and uniformly applicable throughout the CITY shall be imposed by the CITY against the SUBJECT PROPERTY. 12. 132{FUTURE }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 133 then- }134[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 (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 135[for the SUBJECT PROPERTY or any Phase thereof ]within a reasonable time of its receipt of such136[ preliminary plat,] final plat, final engineering and all necessary supporting documentation and information. The plat review and consideration • CH01/ 1{12439329.2}2[12439329.3} 19 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 '37{Final Plat}'38[final plat] for 139{a Parcel}i40[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 • 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 • CHOI/ {12439329.2) [12439329.3] 20 • 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 • 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. • CHOI!I{12139329.2}2[12439329.3] 21 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 Age141{-}142[_]Restricted Residential Parcel 143{ j 14[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 145(to the Park}146[for Parks] Department for the Age147{-}14s[_]Restricted Parcel, the 411 formula 149{eutlined}150[utilized] by the CITY establishing the amount of the contribution on the basis 151[of]expected population to be generated by a development shall be revised to attribute a population of 1.8 persons per dwelling unit in order to arrive at a donation for each dwelling unit I [ 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 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) locations153[ each for the Age Restricted and • CHOI/1{12439329.212[12439329.3] 22 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 J 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 • 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 CHOV {1213932%2)2[12439329.31 23 m. 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 • 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. • CHOI/ {12139329 2)2[124393293] 24 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. • 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. • CHOI/ {12139329.2)-(12439329.3] 25 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 • 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 • CHOI/ {12139329.2}2[12439329.3] 26 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 • 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 • CHOI/ I{12139329.2}2[12439329.3] 27 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. 1541REO E T FIR ESTABLISHMENT OF SPECIAL SERVICE AREA 155{AS PRIMARY}1561OR ALTERNATIVE FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS BENEFITING CONVENTIONAL • RESIDENTIAL PARCEL. t57{At the }OWNERS' and/or DEVELOPER155{ }159[ may] request (,} the CITY 161{sha11}162[to] establish a special service area ("SSA") 163(t„ be utilized as a primary}164[or an alternative] funding mechanism 165{ }166[involving the issuance of municipal bonds by the CITY to be utilized for funding the] installation of on167{-}I68[_]site and off169{-} ]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. 171{The}172[If the CITY in the exercise of its reasonable 'lid. ent determines that the re'uest 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 • CHOI/1{12139329.2}2[12439329,3] 28 appropriate structure for the financing, which 173{the CITY and DEVELOPER currently believe • will consist of an SSA pursuant to 35 ILCS 200/27 5 et seq., but which }may be authorized and implemented under other legal frameworks acceptable to the CITY, OWNERS and/or DEVELOPER. The burden of 174{the}17[any] assessment176[ 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 QUALIFIED 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. DEVELOPER agrees that in the event that the 177{:: -: - • - •, yeaf}178[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 • CHO1/ 1{12439329.2}2[12439329,3] 29 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 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. Encumbering 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, • CHOU {12439329.2}2[12439329.3] 30 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 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). • CHOI/ {12439329.2}2[12439329,3] 3 I 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 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 façade materials, accessory structures and other building restrictions at the time of final plat • CHOI/I{12139329.2;2[12439329.3] 32 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 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 • CHOI/ {12439329.2;2[12439329.3] 33 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 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. 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 • CHOI/I{12439329.2}2[12439329.3] 34 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,179[ 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 DEVELOPERIAO{ stated in Exhibit N}, 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 existing overhead utility lines which are on the Residential Parcel or the Commercial Parcel shall be paid by OWNERS and/or DEVELOPER181[ 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 182{ }183[one] (184{ } 185[1]) 186[ ll ]curb 187{cuts and street access}188[cut] on Galena Road and 189{ }19°[two] (191{ }192[2]) curb cuts193[ (one full and one right and right-out)] on Route 47 194{te}195[for] the Commercial Parcel. The location of the curb cuts will be determined S CHOI/1{12439329.2}2[12439329.3] 35 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 theprovisions of anyordinance, code, or of the CITY which maybe in supersederegulation p 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 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 • CHOI/1{12139329.212[12439329.31 36 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 196{$ }197[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 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. • CHOI/1{12139329.2}2[12439329.3] 37 (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, the Army Corps of Engineers, the Federal Emergency Management Agency, the United States Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the United City of Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNERS •and/or DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the SUBJECT PROPERTY or any Phase thereof. • CHOI/1{12139329.2}2[12439329.3] 38 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"), 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 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. SUBSEQUENT 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 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 S CHOI/ i{12439329.2}2[12439329.3] 39 (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 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. • CH01/ 1{12439329.2}2[12439329.3] 40 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 Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this • Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The obligations of OWNERS hereunder with respect to the Commercial Parcel shall be 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 • CHOI/ {12139329.2}2[12439329.3] 41 1 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 198 1 } I99 r 2001 201[c/o Marquette Land Investments, L.L.C.] 202[40W960 Stone Ridge Lane] 11111 203[Elgin. Illinois 60123] Attn: 04 it }2o;[Darren Sloniger] Tele: 206 1207[Wal 30) 263-8Q07] Fax208{: }209[ No.: (847) 464-1581] CHOI! {12439329.2)2[124393293] 42 with copies to: MPLIV 20, LLC • 2Io} } 211{ } 212{ } 213[c/o Marquette Land Investments, L.L.C.] 214[40W960 Stone Ridge Lane] 215[Elgin Illinois 60123] Attn: 216} }217[Darren Sloniger] Tele: 218{ }219[ 6( 30) 263-8007] Fax {: }221[ No.: (847)464-1581] MLH Yorkville, LLC 222 i } 223 f 1 i I 224 f 225[c/o Marquette Land Investments, L.L.C.] 226[40W960 Stone Ridge Lane] 227[Elgin, Illinois 60123] Attn: 281 ;279[Darren Sloniger] • Tele: 230{ }231[ 63 263-8007] Fax232(: }2J3[ No.: (847)464-1581] and copy to: 234{ 1-735 2 [Donna J. Pugh, Esq.] 2361 } 237 l } 238 f ` 239} lAttn: 24O[Chair] 241[Land Use Group] 242[Vedder Price Kaufman&Kammholz,P.C.] 243[222 N. LaSalle Street] 244[Chicaao, IL 60601-1003] Tele: 245 }246[12 609-5005] Fax: 247} }248[312- 609-7609] • CHO I/ 1{12439329 212[12439329.3] 43 If to DEVELOPER: Pulte Home Corporation 2250 Point Boulevard II/ 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 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 • CH01/ 1{12439329.2}2112439329.3] 44 I • 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 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. • CHOI/1{12139329.2}2[12439329,3} 45 IN J. Captions and Paragraph Headings. The captions and paragraph headings used • herein are for convenience only and shall not be used in construing any term or provision of this Agreement. 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. 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 • CHOI/ 1{12439329.2}[12439329.3] 46 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. Major and Minor Modifications. Any modification to any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor 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. • CHOI/ {12139329.2]2112439329.3] 47 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. 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: Its: • MPLIV 20, LLC By: Name: Its: MLM YORKVILLE, LLC By: Name: Its: • CHOI {12139329.2}2[12439329.3] 48 DEVELOPER: • PULTE HOME CORPORATION By: Name: Its: and By: Name: Its: CITY: • UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Name: Its: Attest: Name: Its: S CHOI/ {12139329.2',2[12439329.3] 49 LIST OF EXHIBITS • EXHIBIT A Legal Descriptions and Plat of Annexation of SUBJECT PROPERTY EXHIBIT B-1 Depiction and Legal Description of R-3 Age-Restricted Residential Parcel EXHIBIT B-2(l)(2) Depiction and Legal Description of R-2 Conventional Residential Parcel EXHIBIT C Depiction and Legal Description of B-3 Commercial Parcel EXHIBIT D249{ 1 Preliminary}25°[ Concept] Plan For Subject Property EXHIBIT 251{D 2}252[E] Preliminary PUD Plan for Age-Restricted Residential Parcel EXHIBIT 253{€}254[F] List of Variations for Age2"{-}250[_]Restricted 257[Residential ]Parcel 258{EXHIBIT F 1 Utilities and Public Improvements} 2j9{EXHIBIT F 2 Off Site Street Improvements} EXHIBIT G List of Current City Building Codes EXHIBIT H Fee Schedule EXHIBIT I School Contribution EXHIBIT J Park Contribution EXHIBIT K Signage EXHIBIT L Form Recapture Agreement EXHIBIT M Common Facilities EXHIBIT N 260{Perimeter Roads for which Developer has nsibirty}261 {EXHIBIT 0 }Pulte Anti-Monotony Policy S CHOU 1{12139329.2}2[124393293] 50 • EXHIBIT A LEGAL DESCRIPTIONS AND PLATS OF ANNEXATION OF SUBJECT PROPERTY • S CHOIi 262{12439329.2}263[12439329.3] EXHIBIT B-1 DEPICTION AND LEGAL DESCRIPTION OF R-3 AGE-RESTRICTED RESIDENTIAL PARCEL • C H01/264{12439329.2}265[12439329.3] • EXHIBIT B-2(1) DEPICTION AND LEGAL DESCRIPTION OF R-2 CONVENTIONAL RESIDENTIAL PARCEL FOR NEIGHBORHOODS 11 and 12 • S CH01/264{12139329 2)265[I2439329.3] • • EXHIBIT B-2(2) DEPICTION AND LEGAL DESCRIPTION OF R-2 CONVENTIONAL RESIDENTIAL PARCEL FOR NEIGHBORHOODS 13 and 14 • • C HO I/264{12439329.2]265[12439329.3] • EXHIBIT C DEPICTION AND LEGAL DESCRIPTION OF B-3 COMMERCIAL PARCEL 410 • CHO I/266(12439329.2)267[12439329.3] EXHIBIT D270 j • 271{ }2272(CONCEPTI PLAN FOR SUBJECT PROPERTY • CHO I/268{12139329.2)269[12439329 3 1 EXHIBIT 273{144}274m PRELIMINARY PUD PLAN FOR AGE-RESTRICTED RESIDENTIAL PARCEL C HO I/268{12439329.2}269[12439329.3] EXHIBIT 277 278 j1], • LIST OF VARIATIONS FOR AGE-RESTRICTED RESIDENTIAL PARCEL . • C HO I/275{12139329.2)276[124393293] 281{EXHIBIT F f} 282{ _ \ a „ 0 . 283{EXHIBIT F 7} 284{ , _ _ . ' . . _}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/279{124393292)280[12439329.3] 411 EXHIBIT H FEE SCHEDULE 287{EXrMgl-T-41 SCHOOL CONTRIBUTION 288[Conventional Residential Parcel] 289[ 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. OWNER/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.] ID CH01/285{12439329.2}2 86 [12439329.3] • 292 jEXHIBIT Ij • CHOIi 290{12139329.2)191[12439329.3] EXHIBIT J S PARK CONTRIBUTION • 293[CH01/12439329.3 • EXHIBIT K SIGNAGE On-Site Signs shall include the following: 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 3x4ft. 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. • CHO I!294{12439329.2}295[12439329.3] EXHIBIT L 0 FORM RECAPTURE AGREEMENT • CHOI/296{12439329.21297[124393293] EXHIBIT M COMMON FACILITIES • CHOI/296{12139329 2)297[12439329.3] EXHIBIT N PERIMETER ROADS FOR WHICH DEVELOPER HAS RESPONSIBILITY • • C HO I/296{12139329.2}297[12439329.3] • EXHIBIT 0 PULTE ANTI-MONOTONY POLICY • • CHOI;296{12439329.2)297[12439329.3] Document comparison done by DeltaView on Thursday, September 22, 2005 2:02:47 • PM Input: Document 1 Powerpocs://CH01/12439329/2 Document 2 Powerpocs://CH01/12439329/3 Rendering set GCD Options Legend: [Insertion J {Deletion-} nim Moved to Style change Format change Mo‘ed-deletion Inserted cell Deleted cell Moved cell Split/Merged cell Padding cell Statistics: • Count Insertions 153 Deletions 142 Moved from 1 Moved to 1 Style change 0 Format changed 0 Total changes 297 1111 • REV-CLB-9/21/05 ANNEXATION AGREEMENT AND PLANNED DEVELOPMENT AGREEMENT (Garritano/Brummel Property) • 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 YORKVILLE, 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". • CHO1/12439329.3 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 256 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-1 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 294 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 111 are herein sometimes collectively referred to as the "Residential Parcels") and (iii) a B-3 CHO1/12439329.3 2 • Business District with the uses listed as Permitted Uses in the B-3 Business District, on approximately 30 acres, legally described in Exhibit C attached hereto (the "Commercial Parcel") and as depicted as commercial on the Concept Plan. E. MPLIV 10, 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. L 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 • CHO1/12439329.3 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. 410/ (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 • CHO1/12439329.3 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/12439329.3 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 256 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 192.17 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 30 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 101.18 acres. • CH01/12439329.3 6 41111 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 1110 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 CH01/12439329.3 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. • CHO1/12439329.3 8 I • 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 , 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 CHOU 12439329.3 9 PROPERTY to the Commonwealth Edison right of way and in funding the cost of extending the 4110 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 • CH01/12439329.3 10 I • 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 • CHO1/12439329.3 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, Becker 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 Security. 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 • CH01/12439329.3 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 Underground 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. CHO1/12439329.3 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 • CHO1/12439329.3 14 I • 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. 11. BUILDING CODE; BUILDING PERMITS. • CHOU/124393293 15 A. The building codes for the CITY in effect as of the date of this Agreement and the 4111 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, duringthe term of this Agreement, anyexisting, amended, modified or new g g 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. Notwithstanding the provisions of this Agreement, all national amendments, deletions, or additions to the building codes of the CITY pertaining to life/safety considerations • CHO1/12439329.3 16 • 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. 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 CHO1/12439329.3 17 DEVELOPER's sole cost, subject to force majeure. The use of such temporary facilities shall be . subject to all health and safety codes of the CITY and CITY shall inspect such facilities on a periodic basis. D. Subject to the provisions of Section 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 (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 CHO1/12439329.3 18 410 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 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: • CHO1/12439329.3 19 (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 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. CHO1/12439329.3 20 • 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 contribution on the basis of expected population to be generated by a development shall be revised to attribute a population of 1.8 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 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 CHO1/12439329.3 21 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 J 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 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. CH01/12439329.3 22 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 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 • CH01/12439329.3 23 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. 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 • CH01/12439329.3 24 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 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 CH01/12439329.3 25 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 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 410 CHO1/12439329.3 26 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 III purposes, except as otherwise provided in this Agreement or identified on the Preliminary Plan. 22. REQUEST FOR ESTABLISHMENT OF SPECIAL SERVICE AREA OR ALTERNATIVE FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS BENEFITING CONVENTIONAL RESIDENTIAL PARCEL. 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 • CHO1/12439329.3 27 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 QUALIFIED 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. 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 CH01/12439329.3 28 • 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 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. Encumbering 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, CHO1/12439329.3 29 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 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). CH01/12439329.3 30 • 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 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 façade materials, accessory structures and other building restrictions at the time of final plat • CHO1/12439329.3 31 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 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 • CH01/12439329.3 32 • 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 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. 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 CHO1/12439329.3 33 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 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. • CH01/12439329.3 34 • 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 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, CH01/12439329.3 35 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 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 • CHO1/12439329.3 36 • 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, the Army Corps of Engineers, the Federal Emergency Management Agency, the United States Environmental Protection Agency, IDOT, the Illinois Department of Natural Resources, Bristol Township, the United City of Yorkville Park Board and Yorkville Community Unit School District 115. The CITY further agrees to reasonably cooperate with OWNERS and/or DEVELOPER in obtaining all permits and approvals required by the applicable sanitary district, the County of Kendall and all other governmental units in connection with the contemplated development of the SUBJECT PROPERTY 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 CH01/12439329.3 37 development by Illinois Department of Transportation ("IDOT"), 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 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. SUBSEQUENT 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 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" • CHO1/12439329.3 3 8 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 • 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. CHO1/12439329.3 39 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 Assigns. This Agreement shall inure to the benefit of and be binding upon the OWNERS, DEVELOPER and their successors in title and interest, and upon the CITY, and any successor municipalities of the CITY. It is understood and agreed that this Agreement shall run with the land and as such, shall be assignable to and binding upon each and every subsequent grantee and successor in interest of the OWNERS and DEVELOPER, and the CITY. The obligations of OWNERS hereunder with respect to the Commercial Parcel shall be 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. • CH01/12439329.3 40 • 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 with copies to: 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 • CHO1/12439329.3 41 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 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 CH01/12439329.3 42 • 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 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. CHO1/12439329.3 43 J. Captions and Paragraph Headings. The captions and paragraph headings used • herein are for convenience only and shall not be used in construing any term or provision of this Agreement. 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. 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 maybe applied for within anyapprovedphase due to anyCITY imposed pp � pp p 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. 0. 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 • CH01/12439329.3 44 • 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. Major and Minor Modifications. Any modification to any approved preliminary or final plats of subdivision and engineering plans, which are deemed to be minor modifications, may be approved by the CITY Administrator (following review and approval by the CITY Engineer) without requiring a public hearing and without formal amendment to the Planned Development approved for the SUBJECT PROPERTY or this AGREEMENT. Modifications necessary to solve engineering, layout and/or design problems shall be deemed to be minor • 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. IL 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. • CHOU 12439329.3 45 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. 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: Its: • MPLIV 20, LLC By: Name: Its: MLM YORKVILLE, LLC By: Name: Its: • CHO1/12439329.3 46 • DEVELOPER: PUL 1'h HOME CORPORATION By: Name: Its: and By: Name: Its: CITY: • UNITED CITY OF YORKVILLE, an Illinois municipal corporation By: Name: Its: Attest: Name: Its: • CHO1/12439329.3 47 LIST OF EXHIBITS • EXHIBIT A Legal Descriptions and Plat of Annexation of SUBJECT PROPERTY EXHIBIT B-1 Depiction and Legal Description of R-3 Age-Restricted Residential Parcel EXHIBIT B-2(1)(2) Depiction and Legal Description 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 Fee Schedule EXHIBIT I School Contribution EXHIBIT J Park Contribution EXHIBIT K Signage EXHIBIT L Form Recapture Agreement EXHIBIT M Common Facilities EXHIBIT N Pulte Anti-Monotony Policy • • CHO1/12439329.3 48 • EXHIBIT A LEGAL DESCRIPTIONS AND PLATS OF ANNEXATION OF SUBJECT PROPERTY • • CH01/12439329.3 n SMITH ENGINEERING CONSULTANTS, INC. C, \ CIVIL/STRUCTURAL DIORAMAS AND SURVEYORS YORKVILLE.6- ILSIREET LINOIS 00x0 PREPARED FOR: QPRvEE P LAT OF A N N E X A T I O1`I PAX.130-553-50411 �'�=~�~~'°`m°' `A`��m° IWNOIS PROFESSIONAL DD81ON MRM. MI-000106 DEL WEBS COMMUNITIES OF ILLINOIS, INC. -' TO THE UNITED CITY OF YORKVILLE COUP.FILE:0s0N1-Ams-9-71-osa.y • 2205 POINT BOULEVARD, SUITE 200, PLOT iAE:srANOARO ELGIN, ILLINOIS 60123 NEIk South ROW-ANNEX PROJECT CONTACT: LOCATION MAP PRIOICCT MR. MATTHEW CUDNEY _ q PHONE: (847) 841-3583 • - AR-FAx: (847) 783-0875 N87°56'31"E 3576.19CALC � � '"""'r�' E•.4V � Stn °'e eta, r S I.-: .:44.54'" 1, r 4 , _ , _ t Neeh li K I I fRot.'r- � 1p V t � e ��e w 'UNara/d) . M R y i et*,Maee- • t t �'k I�Abser IggRe/ 1323.10' S89°13'11'W r Ti 2651.03' 0 1 0 j cKcw--, A. _ SO2°43'14"W RKV1LL ,, s:: i 300.01' NanNe oypyeyti GMessee Q.!RV, l4 ,ur.ee NI° co N89°00'53"E 15.64' ,,,G (znis)? 4.7 Y`{] East Line of the West 1/2.-.. S00°09'46"E 170.64 -'n, ., 5 °.J " ""' '' \ L NOT ro SCALE 5-37-7 West Line of the NW 1/4 N89°50'14"E 10.00' 5-37-7 O 55 Westerly Right of Way o West Line of the SW 1/4 G�tiP 7. O`� vE of IL.Rt.47 o DICP7 4 5-37-7 1�T o�ES o !V oi,E O� W 1" GL P in ° Nr • X3A?2 op Z Q p�G1E o Nt LO co $6�� '1.s6 S89°50'14"W 10.00 co 64.12' N S00°09'46"E 71.20 S87°52'41"W 22.10' R=42,975.00' L=933.19' in N n. G,qk,d. co �w4 A POB PARCEL 2 POB PARCEL 1 co �' J 1j7763. `\C 1;t;il;IIIIiliitt%;;.'r N 44444`..• , L.9,10 1 4 f,` PREPARED ON SEPTEMBER.- , G M ```�1 `'�'"�5 i co PREPA BY _�. CR Lt�,�t?'U .� d�77� �s/yy� M�T'ACT ` _ -=; r35VCQJJJJ :�-.[,• .7YI//'7 ON7I�N7 a OVTAL/. W .� �� E PETER J. HUINKER P.E., GENERAL MANAGER OF LAND DEVELOPMENT �� \ (630) 553-7560 CRAIG L. DUY _ ti_wrin • . .e ILLINOIS PROFESSIONAL l ` CRAIG L. DUY P,L.S., SENIOR SURVEYOR Su�E. •''',c \ (630) 553-7560 Gw, _ N72° No. 3359 (EXPIRES: 11/3f f'-s, '•••"' • "IC_�'1w�9- ' ` 4144,,E IPC:14°33 s3 e.os, 0'3' EX H I B�t"1';,�;A; ,11..\:‘..,:ti ` 4 g �r/�,°�:,, eco NOTES: �,r,,0� //// k PLAT OF ANNEXATION GRAPHIC SCALE • This mop was created for use in a annexation exhibit This mop is not I.< //f`, �f p� TO THE UNITED CITY OF YORKVILLE to be used for any construction or staking purposes without consent from E°',, r ti �J/,/, ) GALENA ROAD, WEST OF IL. RT, 47 -500 0 250 500 1000 2000 o proper agent of Smith Engineering Consultants. Inc, (// f , �- - • This IS NOT a Plot of Survey. No assumptions or agreements os to °.,, ,,,, ,. EAST OF ELDAMAIN ownership, use, or possession con be conveyed from this document. /jj • No underground improvements hove been located unless shown and noted. APPROXIMATE memo tRb1.. DAM Tom` 1. ,1 • No distance should be assumed by scaling. 17E 9%11/05 050747.01 ( IN FEET ) • This mop is void without original embossed or red colored seal and X I S T I N G UNITED CI ' DENIRMIDWfs . 1 inch = 500 ft.. signature affixed. A 1 - Soe OF YORKVILLE a oEta®ort ter.soma 1 or ao NA A I,IV t AIA I I t/I V I I IVI I I I SMITH ENGINEERING CONSULTANTS, INC. CIVIL/STRUCTURAL ENGINEERS CO ANo SURVEYORS 750 JOHN STRUT ' �01111018 0050) REPARED FOR: PLAT OF ANSIEXATION PI:e90-881-7500 .Ax:!JO-859-9M! PH: mn6-10,11:...I..It .u7nemm NdRY .xuNnar .7 051IVIu HARM PROVISS10NAL OpION nom• IM-00010! DEL WEBB COMMUNITIES OF ILLINOIS, INC. TO THE UNITED CITY OF YORKVILLE COMP.ALE:09 � p7I?_Anne,-,-22- d•y • 2205 POINT BOULEVARD, SUITE 200, M1E OT NDARD ELGIN, ILLINOIS 60123 - NORTH noern/toII-AArEx PROJECT CONTACT: LOC.AT1O"1 MAP TCT MR. MATTHEW CUDNEY AAA PHONE: (847) 841-3583 • FAx: (847) 783-0875 n. � JO . .. .dE. es LS¢/!p MP, '- C0112/ S/771«.1-./ 771131-' WI hlaeo/a. �� Shed on ShL/on 7.11#111; 7 E/16 And 3,72 1 bid iso NE CORNER OF TH r, too �' � 'vz"' 1 ""�,. <��.,- / POB PARCEL 3(2) NW QUARTER 5-37-7 1�sA"�7 \ � 7 NW CORNER 5 37-7 ..RKVILL !' �� "' BAS /e ROAD � •L, q'� fAidcasef Q.:. <Y/t • - f /4 akdP al'''. 1117.22' \il 1331.4' �' 1319.49' N89°41'06"E i ,,,,Z-775) %J . AAv -79-75 Tj� easiii-1,-+ orth Line of the NW 1/4 w rA,"; ,. \.NorthLuleothe NE 1/4 5-37-7 '— "+a%- •5= ,- `• 6-37-7 J nor ro scat w 'Pr (V O G O V O e , fn `� X55 in M r �r OR�' N pco EXCEPTION co cnORoci � �' z C ‘6, " 1328.18'CALC 1322.46'C 1133.17' I ,�,llitlli{iiitiiii/I1l,: 00/1;02PDDN PREPARED ON SEPTEMBct>`��� '.505 c ','%r. Il 1323.10' S89°13'11'W W `�'r A . ,I °' PREPAR )BY: �j�_lG{. .Dig' .`G •7e77 CIIC♦71®C�UL7 CONTACT, �O N i 1ryi3'J" t/v'J°J.�7 �, W --79t7-- / E PETER J. HUNKER P.E., GENERAL MANAGER OF LAND DEVELOPMENT �V ( E- -----e-"7""- ":4 t 1 (630) 553-7560 �G CRAIG L. DUY / MAIO L. DUY P.L.S., SENIOR SURVEYOR Q C.• n a�,,(_iFt R^ C ' P � ILLINOIS PROFESSIONAL G� URv��b�••'`� I ,jo (630) 553-7560I-- co No. 3359 (EXPIRES: 11/3f� �,`��,,�` POB PARCEL 3(1) N ��/riltl r sul t uttt`tttit�` CENTERLINE GALENA ROAD O�JE EX H I B IT' A AND EAST LINE OF WEST HALF S SECTION 5-37-7 G�V NOTES: QPM PLAT OF ANNEXATION GRAPHIC SCALE • this mop was created for use in o annexation exhibit. This mop is not TO THE UNITED CITY OF YORKVILLE to be used for any construction or stoking purposes without consent from -500 0 250 500 1000 2000 a proper agent of Smith Engineering Consultants. Inc. GALENA ROAD, WEST OF IL. RT. 47 - _ - • This IS NOT o Plot of Survey. No assumptions or agreements as to EAST OF ELDAMAIN mmilIM ownership, use. or possession con be conveyed from this document. • No underground improvements hove been located unless shown and noted. mums CRAM Ilt DAM Pi N0. • No distance should be assumed by scaling. T. ait 0/2//W ose 050742.0/ ( IN FEET ) • This mop is void without original embossed or red colored sed and x I>ElOtlD It HORIZ.-Roues •EET N0. 1 inch = 500 ft.. signature affixed. XV 4 moan r• matt.MD 2 Of 3 a 1-o N/A A LEGAL D E S C R I P T I O ISI SMITH ENGINEERING CONSUSURVEYORS LTANTS, INC. PREPARED FOR: nc1vlP/stlnNeruR0 J H*ST Tws D RIME 00560 DEL WEBB COMMUNITIES OF ILLINOIS, INC. PLAT OF ANNEXATION Rx. �130-665-1560 PAX Yom. v".aNN.aeln-r1oR.e se 6-IIAIL.aA®ItM�nM1V... YCImIRY .NUMISOY .TORIVIIIE WENS PROVIDNNONAL DOWN FM 11, ISV-001NOS 2205 POINT BOULEVARD, SUITE 200, TO THE UNITED CITY OF YORKVILLE YXWP.f1E050742-�..-9-2s-O .9 • ELGIN, ILLINOIS 60123 PLOT ME.STANDARD PROJECT CONTACT: HEW LEGAL MR. MATTHEW CUDNEY PHONE: (847) 841-3583 Fax: (847) 783-0875 PARCEL I: PARCEL 3 PARCEL 3(CAN'T) THAT PART OF THE NEST ji OF SECTION 4, PART OF SECTION 5, PART OF THE NORTHEAST X OF THAT PART OF THE NEST 3$ OF SECTION 4, PART Of SECTION 5, PART OF THE NORTHEAST X OF THAT PART OF THE NOIRTHNEST 1/4 OF SECTION 5 AND NORTHEAST 1/4 OF SECTION 8 AND PART OF THE NORTHWEST X OF SECTION 9. ALL IN TO11NSHIP 37 NORTH. RANGE SECTION 8 AND PART OF THE NORTHWEST if OF SECTION 9. ALL IN TOWNSHIP 37 NORTH, RANGE SECTION 6 TOWNSHIP 37 NORTH. RANGE 7 EAST OF THE THIRD PRINCPAL 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF 7 EAST OF THE THIRD PRNC/PAL MERIDIAN. DESCRIBED AS FOLLOWS BEGINNING AT THE POINT OF MERIDIAN. DESCRIBED AS FOLLOWS BEGINNING AT 774E NORTHWEST CORNER OF INTERSECTION OF THE CENTER LINE OR GALENA ROAD AS NOW ESTABLISHED ACROSS SAID SECTION INTERSECTION OF THE CENTER LiNE OF GALENA ROAD AS NOW ESTABLISHED ACROSS SAiD SECTION SECTION 5; THENCE EAST ALONG THE SECTION LINE 1331.4 FEET; THENCE 5 PATH THE NEST UNE OF THE EAST 3$ OF SAID SECTION 5; THENCE NORTH 0 DEGREES 02 5 PATH THE NEST LINE OF THE EAST 3$ OF SAID SECTION 5; THENCE NORTH 0 DECREES 02 SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 7 MINUTES MINUTES 49 SECONDS NEST ALONG SAID NEST LINE. 267.113 FEET TO A POINT 232Z34 FEET MINUTES 49 SECONDS NEST ALONG SAID NEST LINE, 2673.13 FEET TO A POINT 2327.34 FEET MEASURED FROM NEST TO SOUTH FROM THE SECTION LINE. 2321.5 FEET; THENCE SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST X OF SAID SECTION 5; THENCE NORTH SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST 3$ OF SAID SECTION 5; THENCE NORTH WESTERLY ALONG A LINE FARMING AN ANGLE OF 89 DEGREES 33 MINUTES, 89 DEGREES 36 MINUTES 30 SECONDS NEST 1323.10 FEET; THENCE NORTH 0 DECREES 02 89 DEGREES 36 MINUTES 30 SECONDS WEST 132110 FEET; THENCE NORTH 0 DEGREES 02 MEASURED FROM NORTH TO NEST FROM THE LAST DESCRIBED COURSE, MINUTES 30 SECONDS EAST 2325.56 FEET TO THE NORTH LINE OF SAID SECTION 5; THENC MINUTES 30 SECONDS EAST 2325.56 FEET TO THE NORTH LINE a< SAID SECTION 5 THENCE 1.3287 FEET TO THE NEST LINE OF SECTION 5; THENCE SOUTHERLY ALONG SOUTH 89 DEGREES 41 MINUTES 06 SECONDS EAST ALONG SAID NORTH LINE 1319.49 FEET TO THE SOUTH 89 DECREES 41 MINUTES 06 SECONDS EAST ALONG SAID NORTH LINE 1319.49 FEET TO THE THE SECTION LINE, FORMING AN ANGLE OF 89 DEGREES 27 MINUTEST MEASURED NORTHWEST CORNER OF THE NORTHEAST X OF SAiD SECTION 5; THENCE SOUTH 00 DEGREES 02 FROM EAST TO SOUTH FROM THE LAST DESCRIBED COURSE. 1464 FEET; THENCE NORTHWEST CORNER OF THE NORTHEAST 11 OF SAID SECTION 5; THENCE SOUTH 00 DEGREES 02 MINUTES 49 SECONDS EAST ALONG THE NEST LINE OF SAID NORTHEAST 5$ 182836 FEET; THENCE MINUTES 49 SECONDS EAST ALONG THE NEST LINE OF SAID NORTHEAST X 187836 FEET; iHENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 58 MINUTE$ NORTH 89 DEGREES 08 MINUTES EAST 3596.80 FEET TO THE CENTER LINE OF ROB ROY DITCH; MEASURED FROM NORTH TO NEST FROM THE SECTION LINE, 1553 FEET; THENCE NORTH 89DEGREES 08 MINUTES EAST 3596.80 FEET TO THE CENTER LINE OF ROB ROY DITCH; THENCE SOUTH 0 DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID CENTER LINE 781.86 FEET; NORTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES THENCE SOUTH 0 DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID CENTER LINE 781.86 FEET; THENCE SOUTH 2 DEGREES 43 MINUTES 14 SECONDS NEST ALONG SAID CENTER LINE 300.0/ FEET; MEASURED FROM EAST TO NORTH MOM THE LAST DESCRIBED COURSE. FEET THENCE SOUTH 89 DEGREES 40 MINUTES EAST 291.15 FEET; THENCE SOUTH 0 DEGREES 56 THENCE SOUTH 2 DEGREES 43 MINUTES 14 SECONDS NEST ALONG SAiD CENTER LINE 300.01 FEET; TO THE NORTH UNE OF SECTION 6 THENCE EASTERLY ALONG SAID NORTHTH LINE MINUTES 40 SECONDS NEST 240.28 FEET; THENCE NORTH 89 DECREES 14 MINUTES 01 SECONDS THENCE SOUTH 89 DEGREES 40 MINUTES EAST 291.15 FEET; THENCE SOUTH 0 DEGREES 56 1534 FEET TO THE POINT OF BEGINNING EAST 142851 FEET 10 THE EAST LINE OF THE NEST Si OF SAID SECTION 4; THENCE SOUTH 0 MINUTES 40 SECONDS NEST 240.28 FEET; THENCE NORTH 89 DEGREES 14 MINUTES 01 SECONDS EAST 142851 FEET TO THE EAST LITE OF THE NEST 51 OF SAID SECTION 4; THENCE SOUTH 0 DECREES 02 MINUTES 57 SECONDS EAST ALONG SAID EAST LINE 991.84 FEET; THENCE SOUTH 89 EXCEPTING THEREFROM THAT PART OF THE NORTHEAST 1/4 OF SECTION 6. TOWNSHIP DEGREES 09 MINUTES 08 SECONDS WEST 1745.17 FEET TO THE CENTER LINE OF SAID ROB ROY DEGREES 02 MINUTES 57 SECONDS EAST ALONG SAID EAST LINE 991.84 FEET; THENCE SOUTH 89 37 NORTH, RANGE 7 EAST OF E THIRD PRINCIPAL MERIDIAN, LYING SOUTH DITCH; THENCE SOUTH 3 DEGREES 28 MINUTES 51 SECONDS NEST ALONG SAID CENTER LINE DEGREES 09 MINUTES 08 SECONDS NEST 1745.17 FEET TO THE CENTER LINE OF SAID ROB ROY AND NEST OF THE FOLLOWINM G DESCRIBED LINE' BEGINNING AT A POINT 1876.07 DITCH; THENCE SOUTH 3 DEGREES 28 MINUTES 51 SECONDS NEST ALONG SAID CENTER LINE 137.175 FEET; THENCE SOUTH 30 DEGREES 24 MINUTES 07 SECONDS NEST ALONG SAID CENTERFEET SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 6. SAID PANT BEING LINE 600.81 FEET TO THE CENTER LINE OF SAID GALENA ROAD; THENCE NORTH 72 DEGREES 44 /37375 FEET; THENCE SOUTH JO DEGREES 24 MINUTES 07 SECONDS HEST ALONG SAID CENTER ON THE NORTH LINE OF THE LAND CONVEYED TO COMMONWEALTH EDISON COMPANY MINUTE'S NEST ALONG SAID CENTER LINE. 3318.05 FEET TO THE POINT OF BEGINNING. MIN IN 60081 FEET TO THE CE LINE d'SAND GALENA ROAD; THENCE NORTH 72 DEGREES 41 BY DOCUMENT NO. 73-2841 (TRACT 1); THENCE NEST ALONG SAID NORTH LINE MINUTES NEST ALONG SAID CENTNT ER LINE, 3318.05 FEET TO THE POINT OF BEGINNING 113.117 FEET TO A POINT OF INTERSECTION )NIH A LINE 415.0 FEET EXCEPTING THEREFROM THAT PART OF THE NORTHWEST X OF SECTION 5 TOWNSHIP 37 NORTH, PERPENDICULARLY DISTANT EAST OF AND PARALLEL 111TH THE EAST LINE OF THE EXCEPTINGTHEREFROM THAT PART OF THE NORTHWEST X OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF A LINE EXTENDING EASTERLY LAND CONVEYED 70 EARL P. AND PMMA V. KANICEK BY DEED RECORDED AS DOCUMENT RANGE 7 EAST AF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF A LINE EXTENDING EASTERLY FROM A POINT ON SAID NEST LINE OF THE NORTHWEST X WINCH POINT IS 1876.07 FEET SOUTH FROM A POINT ON SAID NEST LINE OF THE NORTHWEST X WHICH POINT IS 1876.07 FEET SOUTH NO. 136414 IN BOOK 126 PACE 41; THENCE NORTH ON SAID PARALLEL LINE, OF THE NORTHWEST CORNER OF SAID SECTION 5 10 A POINT ON THE NORTH AND SOUTH CENTERALSO BEING THE EAST LINE OF THE LAND CONVEYED TO SAID NEALTH OF THE NORTHWEST CORNER OF SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5 WHICH POINT 15 182885 FEET SOUTH OF SAID NORTH QUARTER CORNER, EDISON COMPANY BY DOCUMENT NO. 73-2841 (iRACT 1), 1897.!9.19 FEET TO THE • LINE OF SAID SECTION 5 WHICH POMNi IS 1828.85 FEET SOUTH Of SAID NORTH QUARTER GARNER, NORTH LINE OF SAID SECTION 6 AND 7174E POINT OF 1fRM/NAnd1i,• AND EXCEPT A STRIP OF LAND 205.00 FEET NIDE IN TINE NORTHEAST)i OF SECTION 5 AND THE AND EXCEPT A STRIP OF LAND 205 00 FEET HIDE IN THE NORTHEAST X OF SECTION 5 AND THE NORTHWEST 1i OF SECTION 4 TONN$FIIP J7 NORTH RANGE 7 EAST O" THE THIRD PRINCIPAL N OQT}/ T XQF SECTION 4 TOW/SHIP 37 NORTH RANGE 7 EAST OF THE THIRD PRINCIPAL AND ALSO EXCEPT THAT PART OF THE NORTHWEST 1/4 OF SECTION 5. TOWNSHIP MERIDIAN BOUNDED AND DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF 37 NORTH, RANGE 7 EAST O' THE THIRD PRINCIPAL MERIDIAN LYING SOUTHERLY MERIDIAN BOUNDED AND DESCRIBED AS FOLLOWS COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST)i OF SAID SECTION 5; THENCE SOUTH ALONG THE NORTH AND SOUTH CENTER THE NORTHEAST 3$ OF SAID SECTION 5; THENCE SOUTH ALONG THE NORTH AND SOUTH CENTER OFA UNE EXTENDED EASTERLY FROM A POINT ON THE NEST LINE OF SAID LINE OF SAID SECTION 5, A DISTANCE OF 182685 FEET TO 71#NORTH LINE OF PROPERTY THE 1/4 OF SECTION 5 WHICH POINT IS 1876.07 FEET SOUTH O' THE LINE OF SAID SECTION 5 A DISTANCE OF 182885 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE LASALLE NATIONAL BANK. AS TRUSTEE UNDER TRUST AGREEMENT DATED NORTHWEST CORNER OF SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH FEBRUARY 10, 1967, KNOfNN AS TRUST NA CONVEYED TO THE LASALLE NATIONAL BANK, AS TRUSi£E UNDER TRUST AGREEMENT DATED 35913 RECORDED AS DOCUMENT NO. 154368 IN BOOK FEBRUARY TO 1967, KNOWN AS TRUST NO. 35973 RECORDED AS DOCUMENT NA 154368 IN BOOK CENTER LINE OF SECTION 5, WHICH POINT 15 182885 FEET SON OF THE NORTH 152, PAGE 392 AS SAiD NORTH LINE IS MOMUMENTED AND OCCUPIED HEREINAFTER REFERRED TO QUARTER CORNER OF SAID SECTION 5. ALL IN THE TOWNSHIP WOF BRISTOL, KENDALL AS LINE 14; FOR THE POINT OF BEGINNING THENCE EAST ALONG SAID LINE 73; A DISTANCE C 152, PAGE 392 AS SAID NORTH LINE IS MOMUMENTED AND OCCUPIED HEREINAFTER REFERRED TO COUNTY, ILLINOIS 359680 FEET TO THE CENTER UNE OF ROB ROY DITCH; THENCE SOUTHERLY ALONG THE CENTER AS LINE "8". FOR THE POINT OF BEGINNING THENCE EAST ALONG SAID LINE 13", A DISTANCE OF LINE OF ROB ROY DITCH FORMING AN ANGLE OF 90 DEGREES 29 MINUTES 57 SECONDS 70 THE 3596.80 FEET TO THE CENTER LINE OF ROB ROY DITCH; THENCE SOUTHERLY ALONG THE CENTER RIGHT KITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 205.00 FEET TO LINE OF ROB ROY DITCH FORMING AN ANGLE OF 90 DEGREES 29 MINUTES 57 SECONDS TO THE THE INIERSECTIOtI MATH A LiNE 205.00 FEET PERPENDICULARLY DISTANT SOUTH OF AND PARALLEL RIGHT THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE O'205.00 FEET TO PITH THE AFORESAID LINE THENCE NEST ALONG THE L 5T DESCRIBED PARALLEL LINE A THE INTERSERS ECTION PITH A LINE 205.00 FEET PERPENDICULARLY DISTANT SOUTH OF AND PARALLEL DISTANCE OF 3598.47 FEET TO THE NORTH AND SOUTH aNTER UNE OF SAID SECTION 5; THENCE WITH THE AFORESAID LINE V"; THENCE NEST ALONG THE LAST DESCRIBED PARALLEL LINE A DISTANCE OF 359847 FEET TO THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5; ;HENCE NORTH ALONG SAID NORTH AND SOUTH CENTER LINE 205.02 FEET 70 THE POINT OF BEGINNINGDISTANCE ALONG SAID NORTH AND SOUTH CENTER LINE 205.02 FEET TO THE POINT OF BEGINNING AND ALSO EXCEPT THAT PART OF THE NEST HALF OF SAID SECTION 4 LYING EAST OF THE NEST AND ALSO EXCEPT THAT PART OF THE NEST HALF OF SAID SECTION 4 LYING EAST OF THE NEST .. 11t111Hit1/1lN1 RIGHT OF WAY LINE OF ILLINOIS ROUTE 47, IN KENDALL COUNTY, ILLINOIS El'' ' RIGHT OF WAY LINE OF ILUNOIS ROUTE 47, IN KENDALL COUNTY, ILLINOIS \�}.��A �. ��/0%'r4?. AND ALSO EXCEPT THAT PART LYING HEST OF 774E NEST LINE OF 174E EAST HALF OF SAID PREPARED ON SEPTEMBER 23, 21.!•� O` tc' ':' AND ALSO EXCEPT THAT PART LYING EAST OF THE NEST LINE OF THE EAST HALF OF SAID G,.•' SECTION 5, IN KENDALL COUNTY, ILLINOIS ✓• G SECTION 5 IN KENDALL COUNTY, ILLINOIS AND ALSO EXCEPT THAT PART *MON THE NORTHWEST QUARTER OF SAID SECTION 5, IN KENDALL CPREPARE Y: =4 CRAIG L.DUY � COUNTY, ILLINOIS "Z035-033353 - =CC• `_PARCEL 2. (.../..„.ez.:".... - ., _ - CRAIG L. DUY � ;,;E ART. = 1 THAT PART OF THE NEST HALF OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD � •a , is i_ii�l�;$ :Cr PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS COMMENCING AT THE SOUTHEAST CORNER OF THE ILLINOIS PROFESSIONAL LAND 'URI \✓, SOUTIHWEST QUARIEYR OF SAID SCUM 5; THENCE NORTHERLY ALONG THE EAST LINE or SAID No. 3359 (EXPIRES: 11/30/06) '�% ,�''.•••.." \z,',.0--).<',r SOUTHWEST QUARTER, 642.93 FEET TO A POINT MINCH IS 162.00 FEET SOUTHERLY OF THE 4i/, C /'�F 11 �\ .,:, ORIGINAL CENTER LINE OF GALENA ROAD; THENCE WESTERLY ALONG A LINE NFIICH FORMS AN 'Il//p!liflllifl{ISi111ttit'\` ANGLE OF 102 DEGREES, 56 MINUTE'S 02 SECONDS PATH THE LAST DESCRIBED COURSE. MEASURED CLOCKWISE THEREFROM, 10000 FEET TD A POINT WHICH IS 169.50 FEET, AS MEASURED PARALLEL PATH SAID EAST LINE, SOUTHERLY OF SAID ORIGINAL CENTER LINE; THENCE NORTHERLY PARALLEL EXHIBIT A PATH SAID EAST LINE 169.50 FEET TO SAID ORIGINAL CENTERLINE FOR THE POINT OF BEGNNING THENCE NORTHERLY PARALLEL WITH SAID EAST LiNE, 14.66 FEET TO THE PRESENT CENTER LiNE OF GALENA ROAD AS DEPICTED ON A PLAT RECORDED .RUNE 5, 1964 AS DOCUMENT NUMBER 145193; LEGAL DESCRIPTION THENCE WESTERLY ALONG SAID PRESENT CENTER LINE 1.67569 FEET TO A POINT OF CURVATURE,' THENCE WESTERLY ALONG SAID PRESENT CENTER LINE, BEING ALONG A TANGENTIAL CURVE TO THE P LAT OF ANNEXATION RIGHT HAVING A RADIUS OF 42,975.00 FEET, 93..19 FE,•ET; THENCE WESTERLY ALONG SAID PRESENT CENTER LINE. 64.12 FEET TO THE NEST LINE OF SAID SOUTHWEST QUARTER; THENCE To THE UNITED CITY OF YO R K V 1 L IE NORTHERLY ALONG SAID NEST LINE, 957.16 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST GALENA ROAD, WEST OF IL. RT. 47 QUARTER; THENCE NORTHERLY ALONG THE NEST LINE OF THE NORTHWEST QUARTER OF SAiD EAST OF ELDAMAIN SECTION 5, 920.88 FEET TO A POINT WHICH/S 2,316.00 FEET SOUTHERLY OF THE NORTHWEST NOTE: CORNER OF SAID NORTHWEST WARIER; THENCE EASTERLY, 2,651.03 FEET TO A POINT ON THE 'MN= MASS Wt DAk' PROJECT NO. EAST LINE OF SAID NEST HALF WHICH 15 2.326.70 FEET SOUTHERLY OF THE NORTHEAST CORNER THE SAID REAL ESTATE BEING ALSO SHOWN BY THE PLAT OF : .Rl. 9nlICM 050742.0/ OF SAID NORTHWEST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NEST HALF. ANNEXATION HERETO ATTACHED AND MADE A PART HEREOF. z INORIN ID MI NOM SCALE OM Na 2.68695 FEET TO SAID ORIGINAL CENTER LINE; THENCE WESTERLY ALONG SAID ORIGINAL CENTER a r sr G 3 OF 3 LINE, 101.94 FEET TO THE POINT OF BEGINNING. IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOISamp 1 ! ! ao N/A • EXHIBIT B-1 DEPICTION AND LEGAL DESCRIPTION OF R-3 AGE-RESTRICTED RESIDENTIAL PARCEL • i CHO1/12439329.3 n SMITH ENGINEERING CONSULTANTS. INC. cIVIL/$TUUCTUDM.BMGINiIfAls AND DURYDYORS ZONING EXHIBIT .4 nue 4 PREPARED FOR: �� 0560 • 130-163�-NYIRIBY��Wx4mua ....®Iw.,p,,..lw.,.m s-1wI:..Ht•.lu,.wa.-Iw.,.. ILLINOIS iWRONONAL NUM MN/ IM-ORD106 DEL WEBB COMMUNITIES OF ILLINOIS, INC. UNITED CITY OF YORKVILLE COUP.FILE 050747-Zmhq-9-1z-oleq 2205 POINT BOULEVARD, SUITE 200, PROPOSED ZONING — R-3 P. U. D. PWM LOT rKE.•OaMWebb DARD ELGIN, ILLINOIS 60123 R Jam PROJECT CONTACT: COMMONWEALTH EDISON COMMONP N 702E 01550-200-00730E-WAY MR. MATTHEW CUDNEY p,I.N,l02T05-100Yoo4 N87°56'31"E 3576.19'CALL LOCATIONP T F-- ,41 0 PHONE: (847) 841-3583 0 , 1..- FAX: (847) 783-0875 ' T „"°'� ;E.• W s.c.°d eie7 OWNER: K. SCHULTZ i+) .=. W245, I. ' '•., PIN. 02-05-100-005 T ^N.Tah°N3 ,L j /7/.23 /Pobr_, (EXISTING ZONING A-1) N .:i Can; ` 1 �'� PARCEL 1: C R I bun • ., i ,3°e E/> / P. ' THAT PART OF THE NEST if OF SECTION 4, PART OF SECTION 5, PART OF THE S02°43'14"W ► p as. ,o R NORTHEAST 9(OF SECTION 8 AND PART OF THE NORTHWEST X OF SECTION 9 ALL 300.01' *IP I ' IN TOWNSHIP J7 NORTH RANGE 7 EAST OF THE THIRD PRINICIPAL MERIDAN, (1.� cr+cH- / OWNER: ._ '�� uz µ DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER DONALD SCHRAMM I C� ^'•• l: LINE OF GALENA ROAD AS NOW ESTABLISHED ACROSS SAID SECTION 5 WITH THE P.I.N. 02-04-100-003 IRKVILLE e�M z NEST LINE OF THE EAST if OF SAID SECTION 5; THENCE NORTH 0 DEGREES 02 N89°00'53"E 15.64' (EXISTING ZONING A-1) m Ham,, '/' o,/: • MINUTES 49 SECONDS NEST ALONG SAID NEST LINE• 267.113 FEET TO A POINT ' s! - f1ef++e` 2327.34 FEET SOUTH OF THE NORTHEAST CORNER OF THE NORTHWEST if OF SAID - h4 �o sae /�� SECTION 5; THENCE NORM 89 DECREES 36 MINUTES 30 SECONDS NEST 132310 , ..,,,,e; %G'Plli FEET; THENCE NORTH 0 DEGREES 02 MINUTES 30 SECONDS EAST 232556 FEET TO S00°09'46"E 170.64 � ,o THE NORTH LINE OF SAID SECTION 5• THENCE SOUTH 89 DEGREES 41 MINUTES 06 .„111:ftt 1,. ,47:97 " + •.,,., SECONDS EAST ALONG SAID NORTH LINE 1319.49 FEET TO THE NORTHWEST CORNER , ,•3i ,• ��h ,'�� OF THE NORTHEAST J( OFAID SECTION 5; THENCE SOUTH 00 DECREES 02 MINUTES N89°50'14"E 10.00 �n �0°=' � —R•� ;yr _:.._,,.5 e.,_ _'.,n :"'h,T>, . 49 SECONDS EAST ALONG THE NEST LINE OF SAID NORTHEAST X 782836 FEET; I THENCE NORTH 89 DEGREES 08 MINUTES EAST 3596.80 FEET TO THE CENTER LINE Mor ro MALT OF ROB ROY DITCH; THENCE SOUTH 0 DEGREES 22 MINUTES 03 SECONDS EAST 0 ALONG 5.410 CE'NTE'R UNE 781.86 FEET,; THENCE SOUTH 2 DEGREES 43 MINUTES 14 SECONDS NEST ALONG SAID CENTER LINE 300.01 FEET; THENCE SOUTH 89 DEGREES U a 40 MINUTES EAST 291.15 FEET; THENCE SOUTH 0 DEGREES 56 MINUTES 40 SECONDS NEST 240.28 FEET; THENCE NORM 89 DEGREES 14 MINUTES 01 SECONDS EAST rya Westerly Right of Way o 142851 FEET TO THE EAST LINE OF THE NEST Jf OF SAID SECTION 4; THENCE ia) (-)C.‘ "\- of IL.Rt.47 O G rTC OWNER: LASALLE NATIONAL BANK SOUTH 0 DECREES 02 MINUTES 57 SECONDS EAST ALONG SAID EAST LINE 991.84 `_ O1 TRUST NUMBER 116833 FEET, THENCE SOUTH 89 DEGREES 09 MINUTES 08 SECONDS NEST 174517 FEET TO �✓ FLS w PIN. 02-04-300-001 THE CENTER LINE OF SAID ROB ROY DITCH; THENCE SOUTH J DEGREES 28 MINUTES- G C1�O m N (EXISTING ZONING A-1) 51 SECONDS NEST ALONG SAID CENTER LINE 1373.75 FEET; THENCE SOUTH JO o E5 (PROPOSED ZONING a-3) DEGREES 24 MINUTES 07 SECONDS NEST ALONG SAI) CENTER LINE 60081 FEET TO Z P P,GR a'o THE CENTER LINE OF SAID GALENA ROAD; THENCE NORTH 72 DEGREES 44 MINUTES 1 NEST ALONG SAID CENTER UNE, 3318.05 FEET TO THE POINT OF BEGINNING pk•O o 25 OWNER: LASALLE NATIONAL BANK S89o50,14„W 10.00 V) 4110EXCEPTING THEREFROII THAT PART OF THE NORTHWEST X OF SECTION 5 TOWNSHIP cc) TRUST NUMBER 116633 -001 J7 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH OF A c.),.),.-:,&” P.XISN. NG ZO-NG A-1 N EXISTING ZONING A-1 LINE EXTENDING EASTERLY FROM A POINT 'ON SAID NEST LINE OF THE NORTHWEST X - I�' (PROPOSED ZONING R-3 P.U.D.) 500°09'46"E 71.20' SAM! CONTACT+ NH/CH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF SAID SECTION do 0 S87°52'41"W 22.10' 5 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5 WHICH (i'z R POINT IS 182885 FEET SOUTH OF SAID NORTH QUARTER CORNER, ?14a . ° 156.53' PETER(630) 7INKfR P.E., GENERAL MANAGER OF LAND DfVELOwMENT 553-7560 AND EXCEPT A STRIP OF LAND 205.00 FEET WIDE IN THE NORTHEAST X OF SECTION ,, o1. 677.79' CRAIG L. DUY P.L.S:, SENIOR SURVEYOR 5 AND THE NORTHWEST X OF SECTION 4 TOWNSHIP 37 NORTH RANGE 7 EAST OF ii,;° (630) 553-7560 THE THIRD PRINCIPAL MERIDIAN BOUNDED AND DESCRIBED AS FOLLOWS COMMENCING Ca AT THE NORTHWEST CORNER OF THE NORTHEAST X OF SAID SECTION 5; THENCE SOUTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5, A DISTANCE OF 182885 FEET TO THE NORTH LINE OF PROPERTY CONVEYED TO THE LASALLE N NATIONAL BANK, AS TRUSTEE UNDER TRUST AGREEMENT DATED FEBRUARY 10 7967, KNOWN AS TRUST NO. 35913 RECORDED AS DOCUMENT NO. 154368 IN BOOL 152• PAGE 392 AS SAID NORTH LINE IS MOMUMENTED AND OCCUPIED HEREINAFTER REFERRED TO AS LINE '19; FOR THE POINT Of BEGINNING; THENCE EAST ALONG SAID POB PARCEL 1rn TSV UNE "8". A DISTANCE OF 3596.80 FEET TO ME CENTER LINE OF ROB ROY DITCH; THENCE SOUTHERLY ALONG THE CENTER LINE OF ROB ROY DITCH FORMING AN ANGLE -i OWNER: MINA OF 90 DEGREES 29 MINUTES 57 SECONDS TO THE RIGHT INN THE PROLONGATION OF NORTHGATE L.L.C. THE LAST DESCRIBED COURSE. A DISTANCE OF 205.00 FEET 710 THELN T£RSfCnP.I.N. ON OWNER: LASALLE NATIONAL BANK 02-04-300-001 PITH0---.. HIM A LINE 20500 FEET PERPENDOICULARLY DISTANT SOUTH OF AND PARALLEL TRUST NUMBER 116833 (EXISTING ZONING B-3) THE AFORESAID LINE 79 THENCE NEST ALONG THE LAST DESCRIBED PARALLEL LINE c PIN.02-04-400-001 wE A DISTANCE OF 3598.47 FEET TO THE NORTH AND SOUTH CENTER LINE OF SAID (EXISTING ZONING A-1)SECTION 5; THENCE NORTH ALONG SAID NORTH AND SOUTH CENTER LINE 205.02 (PROPOSED ZONING B-3) • FEET TO ME POINT ac BEGINNING AND ALSO EXCEPT THAT PART OF THE NEST HALF OF SAID SECTION 4 LYING EAST OF THE NEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47, IN KENDALL COUNTY, OWNER: RICHARD& GRAPHIC SCALE ILLINOIS HENRIETTA UNDESSER rl PIN. 02-05-400-004 • O) AND ALSO EXCEPT THAT PART LYING NEST OF THE NEST LINE OF THE EAST HALF OF (EXISTING ZONING R-2) /1 N72. -500 0 250 500 1000 S 2000 SAID SECTION 5, IN KENDALL COUNTY ILLINOIS VV'4 '"�1 44 I'I'2465 6U � `D 0 — AND ALSO EXCEPT THAT PART OF THE SOUTHWEST X OF SAID SECTION 4 AND PART �t1 i. OF THE SOUTHEAST X OF SAID SECTION 5, ALL IN TOWNSHIP J7 NORTH, RANGE 7 "��GGJJ EAST OF ME THIRD PRINICIPAL MERIDAN, DESCRIBED AS FOLLOWS BEGINNING AT THE E•i(Oallllul:lli{IJ.. ( IN FEET ) POINT OF INTERSECTION OF THE CENTER LINE OF GALENA ROAD AS NOW ESTABLISHED OWNER: WESTBURY VILLAGE \\\\!):0,.. i\\ii' �I/.`. EXHIBIT B— I AND THE CENTERLINE OF ROB ROY DITCH; THENCE NORTH 72 DEGREES 39 MINUTES OCEAN ALANTIC \\l�\�� � � ) '� 1 inch = 500 ft. 48 SECONDS NEST ALONG SAID CENTERLINE OF GALENA ROAD, 852.59 FEET THENCE, PIN. 02-05-400-005 .t�� (� ,. ,n ,i (EXISTING ZONING R-2&B-3) PREPARED ON SEPTEMBER 22, :.••,.. v NORTH 21 DEGREES 40 MINUTES 49 SECONDS EAST, 691,91 FEET; THENCE NORTH 16 NOTES: I.�/ DEGREES 20 MINUTES 26 SECONDS EAST, 92885 FEET; THENCE SOUTH 85 DEGREES • This mop was created for use in a annexation exhibit. This mop is not 17 MINUTES /5 SECONDS EAST, 677.79 FEET TO THE CENTERLINE OF SAID ROB ROY PREPARE Y: CF�,lG�•DUY' ZONING EXHIBIT to be used for any construction or stoking purposes without consent from TCH; THENCE SOUTH 03 DEGREES 28 MINUTES 51 SECONDS WEST ALONG SAID , -•';'- , MERLIN£ OF ROB ROY DITCH, 1217,09; THENCE SOUTH JO DEGREES 24 MINUTES o proper agent of Smith Engineering Consul tants, Inc. v �: �S5��� 9 = TO THE UNITED CITY O F YO R KV I L LE 07 SECONDS NEST ALONG SAID CENTERLINE OF ROB ROY DITCH, 60081 FEET TO THE • This IS NOT a Plot of Survey. No assumptions or agreements as to - " QE. GALENA ROAD, WEST OF IL. RT. 47 PONT OF BEGINNING ownership, use, or possession con be conveyed from this document. "1 1= of•A -of • No underground improvements hove been locoted unless shown and noted. Clf�ir,,, EAST OF ELDAMAIN 9r CRAIG L. DUY • No distance should be assumed b scolvl I LINOS • y g' ILLINOIS PROFE BIONIC LAN V ) t„ - RI:YS001 DRAIN er. DOD PROJECT Na This mop is void without original embossed or red colored sed and '�C �i ��� a Jit stat/OS OW70.01 signature affixed. No. 3359 (EXPIRES: 11/30/06) ;;y C OF 11..0. .4-s I' Jot HEAL SCAM aIL�r Na IriIIlEIt4 4 maw mi YLIt. some 1 OF 4 a GIA N/A • EXHIBIT B-2(1) DEPICTION AND LEGAL DESCRIPTION OF R-2 CONVENTIONAL RESIDENTIAL PARCEL FOR NEIGHBORHOODS 11, 12 and 13 S S CH01/12439329.3 SMITH ENGINEERING CONLTANTS, INC. 744 gYll./sTINC'1URAL HN N STRUT i MISSU$VWVETOR$ PREPARED FOR: Z O ` I IN C EXHIBIT '611.1111015 'Ltw 9N:490-mi-+ o rot 690-663,446 �� -� 11444,DEL WEBB COMMUNITIES OF ILLINOIS, INC. •H 4YORIONLLE 2205 POINT BOULEVARD, SUITE 200, UNITED CITY OF' YORKVILLE aalm ALE:0507IWNOIS PINz1�WESSIONAL MON(IRM/ IM-00910! ELGIN, ILLINOIS 60123 PROPOSED ZONING - R-2 PLOY Fa:STAN0ARD • NEW R-2 anon PROJECT CONTACT: /�/���/y' MAP MR. MATTHEW CUDNEY OWNER: BAILEY MEADOWS LOCA/MY RZOXCT PHONE: (847) 841-3583 P.I.N. 02-05-200-005 Fax: (847) 783-0875 (EXISTNC ZONING A-1) '4 L-_---__-_. _,.!( lit Wh41!► 4ICOMMONWEALTH EDISON 'd•E'.,,,t. ,,RICHT-OF-WAY e� I P.I.N. 02-OS-100-004 �� I COMMONWEALTH EDISON RIGHT-OF-WAY iii -..„,t, 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.,#Nus Naro/d (EXISTING ZONING A-1) `:(EXISTING ZONING A-1) ��� Tr_usf33 ,:3 ON sen OWNER: K. SCHULTZ 1323.10' S89°13'11'W n1 tcarj -ei.r o P.I.N. 02-06-200-003 v. 'T 1 3Qw4 r (EXISTING ZONING A-1) '' 2651.03' ' „*7 •\ 1 ""4 4 7 Ru ::, \/ L ate gI.• F' ' tie R JO.PNenricP Eoo • IIIcic.Q ewer i[isiARCEL 2. '•�' ,ci (2]9.75'`��CVOWNER: LASALLE NATIONAL BANKrFT.THAT PART OF THE NEST HALF OF SECTION 5. TOWNSHIP 37 NORTH. RANG£ 7, £AST OF THE THIRD TRUST NUMBER 116833 r'L+,� ;�PRINCIPAL MERIDIAN DESCRIBED AS FOLLON',S• COMMENCING AT THE SOUTHEAST CORNER OF TH£ "� E--7 ,,. 'SOUTHWEST QUARTER OF $AID SECI)ON 5; THENCE NORTHERLY ALONG THE EAST LINE QF SAND P.I.N. 02-04-300-001 : _ , wEast Line of the West 1 (EXISTNG ZONING A-1) �� 9Rr .;•5 0.,_ , SOUTHWEST QUARTER, 642.93 FEET TO A PONT NH/CH IS 162.00 FEET SOUTHERLY OF THE 5-37-7 (PROPOSED ZONING 8-3) ,,or TO SCALE ORIGINAL CENTER LINE OF GALENA ROAD; THENCE WESTERLY ALONG A LINE WHICH FORMS AN .West Line of the NW 1/4 vv ANGLE OF 102 DEGREES 56 MINUTES 02 SECONDS 111TH DHE LAST DESCRIBED COURSE, MEASURED CLOCKNTSE THEREFROM, 10000 FEET TO A POINT WHICH IS 169.50 FEET, AS MEASURED PARALLEL 5-37-7 WITH SAID EAST LINE. SOUTHERLY OF SAID ORIGINAL CENTER LINE; (HENCE NORTHERLY PARALLEL KITH SAID EAST LINE 169.50 FEET TO SAID ORIGINAL CENTERLINE FOR 1HE POINT OF BEGINNING; g�/T/.J GY�1fTACT THENCE NORTHERLY PARALLEL (NTH SAID EAST LINE, 14.66 FEET TO THE PRESENT CENTER UNE OF O 55 r GALENA ROAD AS DEPICTED ON A PLAT RECORDED JUNE 5, 1964 AS DOCUMENT NUMBER 145193 THENCE NESTERLY ALONG SAID PRESENT CENTER LINE, 1,675.69 FEET TO A POINT OF CURVATURE; Q' 8'"- ' ‘11.-(:),F. -�- PETER J HUINKER P.E., GENERAL MANAGER OF LAND DEVELOPMENT THENCE WESTERLY ALONG SAO PRESENT CENTER LINE. BEING ALONG A TANGENAAL CURVE TO THE h�.�g. West Line of the SW 1/4 G V •RE (630) 553-7560 RIGHT HAVING A RADIUS Or 42,975.00 FEET, 93119 FEET, THENCE WESTERLY ALONG SAID .2. 5-37-7 G 00 PRESENT CENTER UNE, 64.12 FEET TO THE NEST LINE OF SAID SOUTHWEST QUARTER; THENCE (3 s",se'� �5 CRAIG L. DUY P.L.S. SENIOR SURVEYOR NORTHERLY ALONG SAID NEST UNE. 95716 FEET TO THE NORTHWEST CORNER OF SAID SOUTHNEST y i', ti p+ C,R ifl (630) 553-7560 OUARTER; THENCE NORTHERLY ALONG THE NEST LINE OF THE NORTHWEST GUARDER OF SAID ,,�• Q$ ZZ ['''C'' OWNER: MPLIV1O,LLC csi SECTION 5, 92088 FEET TO A POINT NH/CM IS 2.31600 FEET SOUTHERLY OF THE NORTHWEST ." ?.y 6• P.I.N. 02-05-400-003 00 CORNER OF SAID NORTHNEST QUARTER; THENCE EASTERLY. 2,651.03 FEET TO A POINT ON THE ° 4-47 ' 13 (EXISTING ZONING A-1 co EAST LINE OF SAID NEST HALF WHICH IS 2,326.70 FEET SOUTHERLY OF THE NORTHEAST CORNER • (PROPOSED ZONING R-2) N OF SAID NORTHWEST QUARTER;; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID NEST HALF. . 2.686.96 FEET TO SAID ORIGINAL CENTER UNE; THENCE WESTERLY ALONG SAID ORIGINAL CENTER • 64.12' LINE, 101.94 FEET TO THE PONT OF BEGINNING IN BRISTOL TOWNSHIP. KENDALL COUNTY. ILLINOIS R=42,975.00' L=933.19' OWNER: MIDGO NORTHGATE L.L.C. atkesui P.I.N. 02 Z -3) p,��1,� 003 POB PARCEL 2 (EXISTING ZONING B-3) �v o 7j>>63 OWNER: SECOR, JAMES S. Sc PAMELA A P.IN. 02-05-300-005 (EXISTING ZONING A-1) OWNER: AURORA BLCKTOP, INC. GRAPHIC SCALE P.I.N. 02-05-300-006 (EXISTING ZONING A-1) -500 0 250 500 1000 2000 11/V• MW116 .1.11611.M.IMIIIMIIIMIMI .,`:`\'"n'%tL t LI.,A:f�1/fit'/, „,,, ,,•. :7...•• -...(5/6;S ( IN FEET ) PREPARED ON SEPTEMBER 22. 2005 C • 'nr N 1 inch = 500 ft. 1 ...:1-'4,../.: Ct-:AIOL..DUY ..Z•• PREPARED Y: : 035-0032...c9 1:::::).<=--,..„, EXHIBIT B-2 ( 1) OTES• CRAIG Li( `�r�y,•• ILLINOIS ••`.,c— ZONING EXHIBIT This mop was created for use in a annexation exhbit. This m is not % r g �.. w 1;��� E TO THE UNITED CITY OF YORKVILLE map ILLINOIS PROFESSIONAL LAND SU- YOR %i?'7/4- •• • \ " 1 o be used for any construction or stoking purposes without consent from No. 3359 (EXPIRES: 11/30/06) ikf/ljtj OF R.N.,,Sq\��tia �� GALENA ROAD, WEST OF IL. RT. 47 o proper ogent of Smith Engineering Consultants. Inc. t/1; EAST OF ELDAMAIN • This IS NOT o Plot of Survey No ossumptions or agreements as to ilNidittt;tI • ownership, use, or possession con be conveyed tram this document. T O. • No underground improvements hove been located unless shown and noted. I MUM A 9/2V03P0507421/1 • No distance should be assumed by scaling. 7 DENIED mI How SOLD ALIT NO. • This mop is void without original embossed or red colored seal and 2 /-. S0O• signature affixed. s a mo®int MT.MD 3 OF 4 a ON N/A • EXHIBIT B-2(2) DEPICTION AND LEGAL DESCRIPTION OF R-2 CONVENTIONAL RESIDENTIAL PARCEL FOR NEIGHBORHOODS 14 and 15 • • CH01/12439329.3 SMITH ENSGI1CTURAAARIN CIONANINGIND SURVEY . INC. N STRUT PARCEL 3: MORS INIMA HMO THAT PART OF THE NORTHWEST 1/4 OF SECTION 5 AND ZONING EXHIBIT PH:650- -MO PAX:6�-�-70'• .nrsMN.eyN..rle6.wm 6-xZL.m•on.YL.nPln..rNy.aam •NISIDNORTHEAST 1/4 OF SECTION 6, TOWNSHIP 37 NORTH, RANGE RUMS PROFESsloNAL•opine taw 4 lug-000101 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS UNITED CITY OF YORKVILLE COMP.FILE: 050742-Zoning-9-22-05.0.g .OLLOWS• BEG/NN/NG AT THE NORTHWEST CORNER OF SECTION PLOT FILE STANDARD THENCE EAST ALONG THE SECTION LINE 1331.4 FEET, PROPOSED ZONING - R-2 N E CORNER'OF TH NEW R-2 Gorr • 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 ���E �� LOC'„AT:00004:0111PR-0.11—W-1r I THE SECTION LINE, 2321.5 FEET; THENCE WESTERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES, AIWA MEASURED FROM NORTH TO WEST FROM THE LAST DESCRIBED -- COURSE, ; THENCE SOUTHERLY ALONG 5 1328.7 FEET TO THE 1117.22' 1331.4' 1319.49' N89°41'06"E N WEST LINE OF SECTION THE SECTION LINE, FORMING AN +rp.....,--,...,....-- . ANGLE OF 89 DEGREES 27 MINUTES, MEASURED FROM EAST TO North Line of the NW 1/4 r-SOUIN FROM THE CAST DESCRIBED COURSE, 146.4 FEET, c•5•IgTHENCE 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 J • •ma2l r,3.ae E' id„ Absentth r3L.72 , - NNE SECTION LINE, 1553 FEET; THENCE NORTHERLY ALONG A \� ' R'b `� .9�z•L air Lo LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES. r��\_ ��.��.� � , MEASURED FROM EAST TO NORTH FROM THE LAST DESCRIBED W 1 E ,� �fllii �k" `" - COURSE, 2461.1 FEET TO THE NORTH LINE OF SECTION 6; ���. taw THENCE EASTERLY ALONG SAID NORTH LINE 1534 FEET TO THE w AIM • R,POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART OF r • RK'viLL "A}, OWNER:TRUST NUMBER ET11683 BANK m Nenrlc O)g¢cI1: 116833 � I,,. sac R" THE NORTHEAST 1 4 OF SECTION 6, TOWNSHIP 37 NORTH, P.I.N. 02-05-100-001 iy h�� :':;'�o: ` ` �9�� / li ' EXISTING ZONING A-1 O T- , RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN. LYING (PROPOSED ZONING R-2) O (27975 'F ' SOUTH AND WEST OF THE FOLLOWING DESCRIBED UNE; Cl) IYYYI�.6Y6 ° �a 1 W BEGINNING AT A POINT 1876.07 FEE T SOUTH OF THE Ti ,, O OWNER: LASALLE NATIONAL BANK s i,.. r- •�q.31�j a,' 1 OWNER: LASALLE NATIONAL BANK 5 if) co TRUST NUMBER 116833 CO , It l,,ne �Id-. I NORTHEAST CORNER OF SAID SECTION 6, SAID POINT BEING • TRUST NUMBER 116833 �� %-. CN1 P.I.N. 02-05-400-001 CO ,�,__;�,; �p t y,M,,lw. -�_ ON NE NORTH LINE OF THE LAND CONVEYED TO P.I.N. 02-06-200-002 O� CV °O (EXISTING ZONING A-1) w (EXISTING ZONING A-1) R� N O (PROPOSED ZONING R-2) N NO7 r0 sew COMMONWEALTH EDISON COMPANY BY DOCUMENT NO. 73-2841 Q�TI N W (PROPOSED ZONING R-2) �j� CSO Z CO OWNER: BAILEY MEADOWS (TRACT 1); THENCE WEST ALONG SAID NORTH LINE 713317 �G �E`' co P,LW. 02-05-200-005 FEET TO A PO/NT OF INTERSECTION WITH A LINE 415.0 FEET 3 P P PG (EXISTING ZONING A-1) PERPENDICULARLY DISTANT EAST OF AND PARALLEL WITH THE 4 3 N EAST LINE OF THE LAND CONVEYED TO EARL P. AND EMMA V .1g 16, N KON/CEK BY DEED RECORDED AS DOCUMENT NO. 136414 IN 5? SM714 91E31113821KG CONTACT* BOOK 126, PAGE 41; THENCE NORTH ON SAID PARALLEL LINE, �0 ALSO BEING THE EAST LINE OF THE LAND CONVEYED TO SAID r0 630PETER 553.1HUINK R P.E., GENERAL MANAGER OF LAND DEVELOPMENT 7560 COMMONWEALTH EDISON COMPANY BY DOCUMENT NO. 73-2841 W I (TRACT 1), 189719 FEET TO THE NORTH LINE OF SAID <_ 30) 756OPL.S, SENIOR SURVEYOR ERECTION 6 AND THE POINT OF TERMINATION; AND ALSO XCEPT THAT PART OF THE NORTHWEST 1/4 OF SECTION 5, c 1322.46' A - TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL 1133.17' 1328.18'CALL COMMONWEALTH EDISON RIGHT-OF-WAY COMMONWEALTH EDISON RIGHT-OF-WAY MERIDIAN LY/NC SOUTHERLY OF A LINE EXTENDED EASTERLY P.I.N. 02-05-100-004 P.I.N. 02-05-200-003 COMMONWEALTH EDISON RICHT-OF-WAY r FROM A POINT ON THE WEST LINE OF SAID NORTHWEST 1/4 COMMONWEALTH EDISON RICHT-OF-WAY P.I.N. 02-06-200-001 P.I.N. 02-05-100-002 PREPARED FOR: OF SECTION 5 WHICH POINT IS 1876.07 FEET SOUTH OF THE I DEL WEBB COMMUNITIES OF ILLINOIS, INC. NORTHWEST CORNER OF SAID SECTION 5 TO A POINT ON THE OWNER: K. SCHULTZ I� P.I.N. 02-05-100-005 NORTH AND SOUTH CENTER LINE OF SECTION .5, WHICH PO/NT I OWNER: K. SCHULTZ (1914.1117a4 (EXISTING ZONING A-1) 2205 POINT BOULEVARD, SUITE 200, IS 1828.85 FEET SOUTH OF THE NORTH QUARTER CORNER OF OWNER: K. SCHULTZ I P,I.N. 02-05-100-003 ELGIN, ILLINOIS 60 123 P,I.N. 02-06-200-003 1 (EXISTING ZONING A-1) SAID SECTION 5, ALL IN THE TOWNSHIP OF BRISTOL, KENDALL (EXISTING ZONING A-1) 1 ( !./...- �m _.1323.10' S89°13'11 W gi COUNTY, ILLINOIS. v PROJECT CONTACT: ALSO THAT PART OF THE WEST X OF SECTION 4, PART OF SECTION 5, PART OF THE NORTHEAST X OF SECTION 8 AND PART OF THE NORTHWEST X OF SECTION OWNER: MPLIVIO, LLC o MR. MATTHEW CUDNEY 9. ALL IN TOWNSHIP 37 NORTH. RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS BEGINNING AT THE POINT OF INTERSECTION OF THE P.I.N. 02-05-300-003PHONE: (847) 841-3583 CENTER LINE OF GALENA ROAD AS NOW ESTABLISHED ACROSS SAID SECTION 5 WTH THE WEST LINE CO' THE EAST 3.f OF SAID SECTION 5; THENCE NORTH 0 (EXISTING ZONING A-1) O DEGREES 02 MINUTES 49 SECONDS WEST ALONG SAID NEST LINE, 2673.13 FEET TO A POINT 232734 FEET SOUTH OF THE NORTHEAST CORNER OF THE (PROPOSED ZONING R-2) FAX: (847) 783-0875 NORTHWEST 3f OF SAID SECTION 5; THENCE NORTH 89 DECREES 36 MINUTES JO SECONDS NEST 1323.10 FEET; THENCE NORTH 0 DEGREES 02 MINUTES 30 SECONDS EAST 2325.56 FEET TO THE NORTH LINE OF SAID SECTION 5; THENCE SOUTH 89 DEGREES 41 MINUTES 06 SECONDS EAST ALONG SAID NORTH LINE tri OWNER: LASALLE NATIONAL BANK 1379.49 FEET TO 1HE NORTHWEST CORNER OF THE NORTHEAST X OF SAID SECTION 5; THENCE SOUTH 00 DEGREES 02 MINUTES 49 SECONDS EAST ALONG THE POB PARCEL 3(1) N TRUST NUMBER 116833 NEST LINE OF SAID NORTHEAST X 182836 FEET; THENCE NORTH 89 DEGREES 08 MINUTES EAST 3596.80 FEET TO THE CENTER LINE OF ROB ROY DITCH; THENCE CENTERLINE GALEN OAD P.I.N. 02-04-400-001 SOUTH 0 DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID CENTER LINE 781.86 FEET; THENCE SOUTH 2 DECREES 43 MINUTES 14 SECONDS NEST ALONG SAID I f 0 (EXISTING ZONING A-1) CENTER LINE 300.01 FEET; THENCE SOUTH 89 DECREES 40 MINUTES EAST 297.15 FEET; THENCE SOUTH 0 DEGREES 56 MINUTES 40 SECONDS NEST 240.28 FEET; AND EAST LIN�,( Fb1� 7�kcF� (PROPOSED ZONING R-3 P.U.D.) THENCE NORTH 89 DECREES 14 MINUTES 0/ SECONDS EAST 742851 FEET TO THE EAST LINE OF THE WEST If OF SA10 SECTION 4; THENCE SOUTH 0 DEGREES 02 SEC , 'I() %i MINUTES 57 SECONDS EAST ALONG SAID EAST LINE 991.84 FEET; THENCE SOUTH 89 DECREES 09 MINUTES 08 SECONDS NEST 1745.77 FEET TO THE CENTER LINE ` OF SAID ROB ROY DITCH; THENCE SOUTH 3 DECREES 28 MINUTES 5/ SECONDS NEST ALONG SAID CENTER LINE 1373.75 FEET; THENCE SOUTH JO DEGREES 24 PREPARED ON SEPTEMBER 22, 2 , , • MINUTES 07 SECONDS WEST ALONG SAID CENTER LINE 600.81 FEET TO THE CENTER LINE OF SAID GALENA ROAD; THENCE NORTH 72 DECREES 44 MINUTES WEST :•' CRfi{la L•D3('%....f.,:::,-..s ALONG SAID CENTER LINE, 331805 FEET TO THE POINT OF BEGINNING PREPARE Y: =�P ; G35-0G3 GRAPHIC SCALE EXCEP)/NG THEREFROM THAT PART OF THE NORTHWEST X OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LYING SOUTH = o0 0 250 500 1000 2000 OF A LINE EXTENDING EASTERLY FROM A POINT ON SAID WEST LINE OF THE NORTHWEST X WHICH POINT IS 1876.07 FEET SOUTH OF THE NORTHWEST CORNER OF O- . �"F1�+/,RIS DD ® — SAID SECTION 5 TO A POINT ON THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5 WITCH POINT IS 782885 FEET SOUTH OF SAID NORTH OUARTER CORNER, - ! / % ' A•• IL4ttVi .'``lam AND EXCEPT A STRIP OF LAND 205.00 FEET WOE IN THE NORTHEAST X OF SECTION 5 AND THE NORTHWEST X OF SECTION 4 TOWNSHIP 37 NORTH RANGE 7 CRAIG L. DUY '%<17., ��' ( IN FEET ) EAST OF THE THIRD PRINCIPAL MERIDIAN BOUNDED AND DESCRIBED AS FOLLOWS; COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST X OF SAID �'�' 4 ��,��< SECTION 5; THENCE SOUTH ALONG THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5, A DISTANCE OF 182885 FEET TO THE NORTH LINE OF PROPERTY ILLINOIS PROFESSIONAL L• D SURV S106R rrlml�r \-:\v,'.' 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 NO. 35913 RECORDED AS No. 3359 (EXPIRES: 11/30/06) DOCUMENT NO. 154368 IN BOOK 752, PAGE 392 AS SAID NORTH LINE IS MOMUMENTED AND OCCUPIED HEREINAFTER REFERRED TO AS LINE 131, FOR THE POINT OF BEGINNING; THENCE EAST ALONG SAID LINE 'B, A DISTANCE OF 359680 FEET TO THE 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 70 THE RIGHT YJTN THE PROLONGATION OF THE LAST DESCRIBED COURSE. ZONING Ex H I B I T DISTANCE OF 205.00 FEET TO THE INTERSECTION WTH A LINE 205.00 FEET PERPENDICULARLY DISTANT SOUTH OF AND PARALLEL WIN THE AFORESAID LINE ')4', NOTES: ENCS WEST ALONG THE LAST DESCRIBED PARALLEL LINE A DISTANCE O.359847 FEET TO THE NORTH AND SOUTH CENTER LINE OF SAID SECTION 5; THENCE • This mop was created for use in a onnexotion exhibit. This mop is not TO THE UNITED CITY OF YORKVILLE ORTH ALONG SAID NORTH AND SOUTH CENTER LINE 205.02 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 o proper ogent of Smith Engineering Consultants. Inc. EAST OF ELDAMAIN • This IS NOT a Plot of Survey. No assumptions or agreements as to AND ALSO EXCEPT THAT PART OF THE WEST HALF OF SAID SECTION 4 LYING EAST OF THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47, IN KENDALL COUNTY, ownership, use, or possession con be conveyed from this document. R11I101111 cam DAPROJECT ILLINOIS • No underground improvements hove been totaled unless shown and noted. L. ,OIL 9/21/05 050741.01 • No distance should be assumed by scaling, a OE�ED MI DOM BEAU:. SKY/ILL AND ALSO EXCEPT THAT PART LYING EAST OF THE NEST LINE OF THE EAST HALF OF SAID SECTION 5, IN KENDALL COUNTY, ILLINOIS • This mop is void without original embossed or red colored seal and .1 1"• 500' signature affixed. • awn D min IIBAtg 4 OF 4 a CEO N/A • EXHIBIT C DEPICTION AND LEGAL DESCRIPTION OF B-3 COMMERCIAL PARCEL • • CH01/12439329.3 SMITHHEN INTE NGS CONASD LTTANN , INC. JOHN summon T ZONING EXHIBIT ' I�I H- FAX:030-053,6441 aMNm�wMo•oom 6-WAIL-NaN1haeM.wfnpmm .Ilaldm .WNW .TaWMMd UNITED CITY O F YO R KV I L L E woes w<o nisia 141-000108 COUP.F$£.' -Ian:+,-9-7T-050.y PROPOSED ZONING - B-3 VIEW aOr FI- GSTANDARarr LOC.ATI V M4P FROILLT AIWA V o Westerly Right of Way.,, 1:5) N 1 � ,,,,ar lapa(7 m. of IL.Rt.47 "'e X ww e' W 7 •r u m OWNER: LASALLE NATIONAL BANK -'mi..• Shud°n TiiiEile,41.2 O TRUST NUMBER 116833 1 3472 kb.sen'•'n' \ y i \ ,riuw Li.r a.o PJ.N. NG-0O-NG A-1)01 \ iI ,,w, S89°50'14"W 10.00 (EXISTING ZONING A-1) ' i s E }i3 7L 41 \ ��ar7 (PROPOSED ZONING B-3) VV is 1. ' 1 s Pur�rn G . ; / zie / S00°09'46"E 71.20 • �• ` ` s RKVILL Pe'' `''' PARCEL 4: S87°52'41"W 22.10' �, �.• 4 Henna 1 R rA- ., O• � LhCaaaK�'- THAT PART OF THE SOUTHWEST X OF SAID SECTION 4 AND PART OF THE ° 156.53' • a; s `" "�'' OWNER: LASALLE NATIONAL BANK • „ 1 rie,imt R� /._—I ,.'�+, - SOUTHEAST X OF SAID SECTION 5, ALL IN TOWfNSH/P 37 NORTH, RANGE 7 EAST OF TRUST NUMBER 116833 xr (z7s.7s)' �' THE THIRD PRINICIPAL MERIDAN, DESCRIBED AS FOLLOWS. BEGINNING AT THE POINT P.I.N. 02-04-400-001 677.79' 4 : OF INTERSECTION OF THE CENTER LINE OF GALENA ROAD AS NOW ESTABLISHED AND (EXISTING ZONING A-1) S ' I `gyp .17az w THE'CENTERLINE OF ROB ROY DITCH; THENCE NORTH 72 DEGREES 39 MINUTES 48 (PROPOSED ZONING R-3 P.U.D.) I ,.. „h..},ti, wy 'dt A, SECONDS NEST ALONG SAID CENTERLINE OF GALENA ROAD, 852.59 FEET; THENCE '— n„- s c ^!r.71a�; NORTH 21 DEGREES 40 MINUTES 49 SECONDS EAST, 691.91 FEET; THENCE NORTH 16 DEGREES 20 MINUTES 26 SECONDS EAST, 928.85 FEET; THENCE SOUTH 85 DEGREES ' NOT TO SCAL1 CO 17 MINUTES /5 SECONDS EAST, 67779 FEET TO THE CENTERLINE OF SAID ROB ROY DITCH; THENCE SOUTH 03 DEGREES 28 MINUTES 5/ SECONDS NEST ALONG SAID - o CENTERLINE OF ROB ROY DITCH, 121709• THENCE SOUTH JO DEGREES 24 MINUTES N. 07 SECONDS NEST ALONG SAID CENTERLINE OF ROB ROY DITCH 60081 FEET TO THE ° °j cn POINT OF BEGINNING -.• 0) 0 94714 ^mss CCIVTACTS OWNER: LASALLE NATIONAL BANK r•-: 10 TRUST NUMBER 116833 PETER J. HUINKER RE., GENERAL MANAGER OF LAND DEVELOPMENT P.I.N. 02-04-400-001 & N (630) 553-7560 (EXISTING ZONING A-1) fr) (PROPOSED ZONING B-3) 0 CRAIG L. DUY P.L.S, SENIOR SURVEYOR (630) 553-7560 • OVik . N.0 g5 • - R OWNER: MIDGO NORTHGATE L.L.C. �� P.I.N. 02-04-300-003 PREPARED FOR: �G �y O ^ (EXISTING ZONING B-3) DEL WEBB COMMUNITIES OF ILLINOIS, INC. A Q 6A 0 2205 POINT BOULEVARD, SUITE 200, 32. co° ELGIN, ILLINOIS 60123 PROJECT CONTACT: o. MR. MATTHEW CUDNEY 852.59` A Iv PHONE: (847) 841-3583 rh OWNER: WESTBURY VILLAGE FAX: (847) 783-0875 OCEAN ALAN TIC P.I.N. 02-05-400-005 (EXISTING ZONING R-2&6-3) POB PARCEL 4 •`,�;11��`1!111i(f Iff,i#ijf GRAPHIC SCALE PREPARED ON SEPTEMBER 23, 2005 � 0�- ''''''' •.'�, -500 0 250 500 1000 2000 cat.. rs PREPARE Y: --4:•CRAG L.DIN'•. - �: .,-_nom •rte, _ J•: 339 F. ( IN FEET ) . :0 1 inch = 500 ft. EXHIBIT C- 1 CRAIG L. DUY0'• ILIIINOS• .'mss; •ThiS ILLINOIS PROFESSIONAL LAN SURVEf 174: • r :�,4F� ZONING EXHIBIT mop was created for use in o annexation exhibit. This mop is not '%/..,,,:-qr J 1 L \ . TO THE UNITED CITY OF YO R K V I L LE No. 3359 (EXPIRES: 11/30/06) i/.!I(:Iraltltiti'1`"' be used for any construction or stoking purposes without consent from GALENA ROAD, WEST OF IL. RT. 47 o proper ogenl of Smith Engineering Consultants. Inc. • This IS NOT a Plot of Survey. No assumptions or ogreements os to EAST OF ELDAMAIN ownership, use, or possession con be conveyed from this document. it• No underground improvements hove been located unless shown and noted. / MUMS " 9�05 01 • No distance should be assumed by scaling. a. MOM.Yk NOMA500MEET N0. - ' • This mop is void without original embossed or red colored seal and j' r p signature affixed. a pato m wirE win 1 OF 1 A ao N/A • EXHIBIT D CONCEPT PLAN FOR SUBJECT PROPERTY S • CH01/12439329.3 b. • • • • m" 5D LANDSCAPESUFFER _u E r1 + ...-,-;---„f- ilor T- T 1•- , - • ,. •� - � 1 _ gPROIDWDEAOAKiN,0t1 M ,I + l � .C. EtlTIbNALNEI6HBORHOOd , CJ C SPPR _ SASELNi10AD _ , I E t »...�-...,.__�,�...r.w.....-- ...rll.vat r•>t•:. anf..lr�Y Z'''' n�� I( .L __ �, anal,' .j"+ / .vr �.., ' r 111 � -11)1;-1:1:::1 �, `TM gyp/.-� '- � ' � I �wF• �I t '� 111 y.' I .1."4-;.*-A i 7+"1* 'i i t;. I 11 A as G3. .. ! l•»; .-4--.1 1 ) 0; -H I I Ill �� .fir,. t ., . J t f .+" 1 '. 4,tea.- ' - } '..'I �5 iimir M ' - _� ar'� it r •}:}:�`1 � iI. i ti= k4. _ il_ �� ( —illl ';'+'''''4 . i. ... W` OPPORTUNITY FOR 4 ATTACHE, �'�- Ij �, t-. T,1 rr-h ; .�a r MODELS ACROSS FROM --- _ ' L�. ._� ._ ■ }' } w-T- r�'�' -+ ,..r! { COMMINITIE6 MODEL PARK 1�_ i. - VIEW ACROSS LAKE -_ .,,ate t '�I,a..-•L U FROM MAN ROAD I - -I 4. .. €I '�'-,-.4.4.:';',',%-4' ROAD iew TERMINATES I �a..�c. ,,,404:1104 '•'1 r 1 MODEL PARK LOCATED Y, WITH VIEW INTO VICINITY MAP e 0 �, � �� - ADJACENT TO AMENITY CENTER "•" AMEN�.T•-V-�.CE�NyTE7R" 1 r .../ ,/�Itil at I . i.,4 JJ J3'�. OVERLOOK LA,Ea ... � f 4. ;:_'�`g11i1 ;. No mu APPROXIMATE.LOCATION OF �, ",'' ' [�� .� II ��17 -XISTNO 100 NR FLOODPLAIN. . _ I■ 1'' 1 ..,\;,..,.0 , 1SlY ROVIDE MINIMUA 8'-10 BERM WITHIN n.., y.DfjAMATIC VIEWS AT ..-.. _• - Ck \ C1l ar ,—[ C E A 1 ROl7TE 47. .. 14 ANDS AP BUFFER. LONG; l" TERM8N5'OF` NTR DRIVE '�,.•. �,:r r p ..anow r � 1 / „� N ' ! 7 0 PRIMARY,CC'lt''�1� ���1I TY.ATER FEATURES PROVIDING{,• 'r• ,� ♦ OPEN vIEWBfa PROVESl i 2If-- 1315)131--f---*. + ♦ , liPIZT:7, ' a',p� W�b� .,,V., TO`EXISTING-CREEKy: , .. w rr "."7.,,.11,0"- . 5 r `I0,.. - _+..� �-AU WTI,80A0.ACROSS PRIMARY COMMUNTY icouncemaaam T. ��•k . S' AL � �` e�_ 4 t't,F.�•• S I��f �1�' 1 i.ROII'TE- .:FUTURE S'. . ENTRY f 1,��� >u ac. ', \ ".l y LOCATION `:<. A u... 1 12 a • iu8 �� JY, • M FUTURE ROADWAY PER +. .. h— : i i.. , '''»O.. I n 1 __..... 9 �I} 4 iCITY OF.YORKVILLE I, r� ® � )-.1 1 t` ROADWAY PLAN .r � . , �fi,*� ,,� / .' li x IYIY""4 CAND USE SUMMARYo... 471 ,� • �) e. -�r}r -' '� f; !ACTIVEADUT u5 F ir ; w y,. ,. ('_. ..'11it_no,..,„., 4• \.,...i___,4. ' �» f I , is, ilh, _'' 1 �S f^ LJ EG r (J._{�� a.• ,: J ` tom, . .71 3 y71 , ..- ,-----1 _ u4' i lr I �� /"�� I � a r *� �r '' I '•FC �xr JsI+ A S~��y 41/40X� r 14-' ` �:� •�C�� �3 I. :i`_r ®_ xe't,._a'� roc 60'�LANDSCAPE BUFFER.. ,`�.. .�� • `r� 1r �� ,� zit�. 9 CN` 1� "." " I SECONDARY'74 TR. ,... IC '' 8/IRill �7F ' x,t:..m ' - Ly;, �" {� CONVENTIONAL CFE 4 ..„,.;Z,.,F _... iii d .r- .. 7'"+• ,F.ER:SEPARATiON<BETWEEN CSN. .{ .;'13 .� ! t� "y __.._.. DITIONAt."'A D'ACTIVEADUA.T '• - 'Tr 11''�� f „�--]_.mear...uc c bis tt i•,,,--,..":;:-. 4 t� - ��r. �.<•NEIOFBOFiHOODB t :y�i �. ���r .r, �� s �. G4 i+ �kk. I p.• .. .. x,i 1 y'41t� k..*''''''a _.� 4 h II I erra: r0 >>K ` TRAIL`SYSTEM LNKNO NEIOt18pRHOODS-', s .., r.. - ^. TO LAKE'AND AMEMTV CENTE+rR •.""� 1� c B� c:T.7,,,,E: rN� �a ' srLA,. •DRAM TI EWS rn1V `` L s y __ � :..._ z r.. 5 c?., i6a :'�aa�Fs .r` y:- `" _ TERMINUS OFENTRYORIVE1MATIC VIEW OF # r wrw .-.._ '• .,.ti {�pL ? OPEN"SPACE AT Y / �._ E; p cesac IIF F rt1 �_ �1r. Ty •'. 1 >fi A�'�^• h �-...'•.Ir._AA ;SAFE FFr��-_F,',• SECONDARY ENTRY..t `COMMUNITY ENTqRY CONCEPT PLAN =� ^ ^ ilte Da kl / , J Scale:1"=800' YORKVILLE PROJECT NORTH Date August19 2005 SEC:Planning Consultantsr w a r Vy harclure •l,�r rxrnrr N.nrrxr� PIi LIE HOEVIES Boaen pp 9<or—Ie•'k b El `IaEI 1 at n.Allrep enaola rsdgelT pea y.l eetl 774 atl n antl YORKVILLE,ILLINOIS rep,esent change. TN I epi I I n w a n tl nor _.. represent ens regulatory approval Plan is evtjecr To oha,ga. • EXHIBIT E PRELIMINARY PUD PLAN FOR AGE-RESTRICTED RESIDENTIAL PARCEL • CHO1/12439329.3 PRELIMINARY P. U . D. PLAT & PLAN SMITH ENGINEERING CONSULTANTS, INC. CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS SCHOOL DISTRICT: YORKVILLE CUSD 1 15560Y-a5631-7;40 s.,ornl sll�sr Fl RE DISTRICT: BRISTOL-KENDALL FIRE (411),,, ELap BB - �j y 3 y PLa �D�%°,°00 _��, ID X j \.J j�,� jam,( J,�( OWNER: BAILEY MEADOWS .w., hang u<e E-IAW a esemUCe xVnL0 ve.wm PROTECTION DISTRICT p P.I.N.02-04-100-001 .r.mrzm "eawnn .roRxv9La OWNER:BAILEY MEADOWS PROPOSED ZONING R-J P.U.D. (EXISTING ZONING A-1) ILLINOIS PROFESSIONAL DESIGN FBU4 d 064-000108 FUTURE SUBDIVISION G r�/ P,I.N.02-05-200-005 PROPOSED ZONING R-2 f..X '!Icy (EXISTING ZONING A-1) POOP. LE, A4DA/D-Cl!dvq III EXISTING ZONING A-1 / P.O. LOT 0 .. BEST UNE OF THE EAST CV1.I! W KCOMMONWEALTH EDISON RIGHT-DF-WAY H NEW. 040710-01 HALF OF SECTION 004 EXCEPTION P.I.N.02-04-100-Do2 p I_ p COMMONWEALTH EDISON RIGHT-OF-WAY COMMONWEALTH EDISON RIGHT-OF-WAY cA PIN.02-05-200-003 OWNER: _ LOCATION MAP -> PRO.JECT✓ P.I.N.02-OS-200-004 o N87°56'31"E 3576.19' DONALD 4-100-0 ._:: EXCEPTION -• - 2 33 37 (EXISTING ZONING A-) AREA , LEGA DESCRIPTION L!` `/I I 40 11 84 OPEN !s,6 1719 19 SO 41 R9 z:::,:i6"- -4i 18)28 3o-5,13, 3$ 3A AREA �-_I � cD I) RA/ 11 }} OWNER: K SCNtllrz ?A3441d5484iT48ii'�50'5152.53Y4[353B b758 59.-,139 841 62113 SPACE " �' , .. .�..f.: PIN. 2 4 100 003 111 --------;71.7 W DETENTION 27 .39,3 y :( 2 7CV PARCEL 1: P.I.N.02-05-200-005 39 , ..:'r,:..•_: ::> ,,,1-C '. Z: N.LOT E. _ .� ,,81*'42- W eTius 'AF '':.. ,41 9 30 31 32 34 36 36 (EXISTING ZONING A-1) • .i-..-3 4-4 \ :� '87'-:- LOT / -..... -J, AI9.! 14L�dn m }a''. .m.• i THAT PART Of THE WEST X Of SECTION 4.PART OF SECTION 5.PART OF 774E 3B � - .\ �' I 71 • \ F 98 87 9a 95,:� O "`•--;,, nw "df '---• 7."--.4.e... dl 1 56 I I �• :,,41 . 87,. '86 . \ 69 I 86 64 'w� 71� \.104 ,' 1 NORTHEAST X OF SECTION 8 AND PART OF THE NORTHWEST X OF SECTION 9, 37 :•139 L1 I --.. 83" E� i c���� oi m FUTURE COMMERCIAL i" v. .�s ',, B.: f ALL/N TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE Tl4/RO PRINCIPAL MER/DAN, 38 :..140.. ,. iR ;a �.P '' - y ;88 : 21 / 571 PROPOSED ZONING 8-3 7 "'K hurt DESCRIBED AS FOLLOWS BEGINNING AT THE POINT OF INTERSECTION OF THE " ,. ' «Z• •'1 :;45 ^1M. ,7„,...fRob.n MEI :EZ- / .,'4p;; 79 •871 gg 91 62 g3 84 OPEN -41 tAIat/Y!#Ili f,.,• CENTER UNE OF GALENA ROAD AS NOW ESTABLISHED ACROSS SAID SECTION 5 .,1 .� ,,J „87-: 1' 41 :# � ` - I 46 SPACECa/bT WITH INE WEST UNE OF THE EAST y,OF SAND SECTION 5; THENCE NORTH O : BQ.;: Ttr-r: -7G.7: .. 18 V O gal___e 1 DEGREES 02 MINUTES 49 SECONDS WEST ALONG SAID WEST LINE, 2673.13 33 '�I ' 143* 1."1111111-C ' -.+ IiPili - 78 --^ •y P t /114':.fi Hmo/d Y A &' (� 1\.- �e �D 42.': / 1• - 47 a a/'bar'a FEET TO A POINT 232734 FEET SOUTH OF 174E NORTHEAST CORNER OF THE ;: ,tµ: �.,. - < 1 .r '�, • -</9 ,. CENTERLINE ROB ROY DITCH �. e/ulgr) E/A4 M4c NORTHWEST X OF SAID SECTION 5: THENCE NORTH 89 DEGREES 36 MINUTES \ r r .• ;, :.70, :.8 _.:.'y. Li 62 77 :I ._.7, tell LOT �1" ^';' %' F7ke/ maw - 161 /3472,„,,.„,..,,„„,,,.:„„7 Aa. 30 SECONDS WEST 1323.10 FEET; THENCE NORTH 0 DEGREES 02 MINUTES 30 \ Zlial 78 I B6 5••1 r SQ1°49'41"W 298 55' " a • `y ; R SECONDS EAST 2325.56 FEET TO THE NORTH UNE OF SAID SECTION 5; THENCE ' " iii ++ S9, \'v. :.\ 83 illBb 64 61', S ' rap SOUTH 89 DEGREES 41 MINUTES 06 SECONDS EAST ALONG SAID NORTH UNE � 5a 53 52 18 '.: Q2°43'14"W(DEED) n n4iZ •� F.-Pet 1379.49 FEET TO THE NORTHWEST CORNER OF INE NORTHEAST X Of SAID � 'm 4'-'+'.y 1 �' s o +� 9/ 47:. 3QQ.Q1' DEED �cNC • b SECTION 5; THENCE SOUTH 00 DEGREES 02 MINUTES 49 SECONDS EAST ALONG •.28 97 go$ 407.1 •• (15 Ng ' b1 Ham ; 2e2 At THE WEST UNE OF SAID NORTHEAST X 182836 FEET; THENCE NORTH 89 W' tr {p''I I 98 ' . 95' \ /"�� �2 73 69 }�� C'P+�- ~•.• vz A' 48• DEGREES 08 MINUTES EAST 3596.80 FEET TO THE CENTER UNE OF ROB ROY 4101*'72(1 �. ,78`' 2 :-rte - --� SPACE � ...c.-‘....,... 68 X89°00'53"E 15.64' RKVILL - '� J DITCH: THENCE SOUTH O DEGREES 22 MINUTES 03 SECONDS EAST ALONG SAID ,4� jjj��� 1.• 1:. 1 .. 57 pw {� R.chordl � , CENTER UNE 781.86 FEET,' THENCE SOUTH Z DEGREES 4J MINUTES 14 SECONDS N•' - d O Hlnriet'lu e : �/ SLOT.1' \. /.::- ® r, WEST ALONG SAID CENTER LINE JOO D7 FEET, THENCE SOUTH 89 DEGREES 40 :WI_ - _/ ' ,.‘„....„.110 ... 9 5 !" '".:/ � a5.QQ°Q9'46°E 17Q.64' �, deit[r MINUTES£AST 291.15 FEET,- IH£NC£SLY/IH 0 D£pt£FS 56 M/NUlES 40 \ g7,8 ,.,. .� 11 9 65 3 1(4�; :::4„-----;;:ii: :::,ce:::: SECONDS NEST 240.28 FEET,' /HENCE NC7RTN 89 DEGREES 14 MINUTES 07 , �% iiF 1f. �• i / _ .\ bah` N . i, 1 / Al.o 7,i ,,-..,,,:::.s.' 'SECONDS£AST 147851 FEET TO THE EAST LINE OF THE NEST X OF SAID j;; ; i +�" �, „+/ ., kip, 2 _ 1 69°5Q'14"E 1Q•00' Luna R I'),y A/un, 1rSECTION 4; THENCE SOUTH 0 DEGREES O2 MINUTES 57 SECONDS EAST ALONG '>,g 14:,. OT W�' \`-. �' DETENTION �' ?OrSAID EAST UNE 991,84 FEET, THENCE SOUTH B9 DEGREES 09 MINUTES 08 . �_+!��' 47 2 �• / ,S•.F T C27f75�• Z9 '1 7 3 i t - AREA _SECONDS NEST 174517 FEET TO THE CENTER LINE OF SAID ROB ROY DITCH, 18 .. „i --- 44. �. n. \ /� '" ''� nNTHENCE SOUTH 3 DECREES 28 MINUTES 51 SECONDS WEST ALONG SAID CENTER - 16/- \ ' /' 13 / � : 4 � .UNE 1373.75 FEET; THENCE SOUTH 30 DEGREES 24 MINUTES 07 SECONDS NEST <': !' C - � �". 4 L - �' -,_ 4' .NCR-Akr � t3 -ALONG SAID CENTER UNE 600.81 FEET TO THE CENTER UNE OF SAID GALENA 3/ 36 - 8 /' I1D �`: }Ganz. ROAD; THENCE NORTH 72 DEGREES 44 MINUTES WEST ALONG SAIO CENTER ' 35 14 ' 5 ®13 1! �' /• -- 137 27 ff LOT M. 38 37 / 1„ / ...,,\ - - 'Fd v4L-,... 5 c •vrn UNE, 3318.05 FEET TO 774E POINT OF BEGINNING. O -: �. 32 r/ / -2'. 38 ' 18 '-.t7 411 13 ' ': 8 Ilk LOST i '" _ 15 ^ -- - . NOT TO SCALE Nay 1 EXCEPTING THEREFROM THAT PART Cr THE NORTHWEST X OF SECTION 4 u 28 �I .33 - / '19 * ;, ;'Y+t : ,Is. ,{ ':T'1' _ 11 M1• ' TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN LONG 26 : /. 12 // I ,'. �i- '- _ / �~ -1 i I 16 PLAN PREPARED FOR: SOUTH OF A LINE EXTENDING EASTERLY FROM A POINT ON SAID WEST UNE OF .A I �` '� _ AMENT14 Eldl'ER f' I I I 82, 1 80 '• CORNER OF SAND SECTHE NORTHWEST X TION S TO ASPO/N6 ON TH07 ET SOUTH OF THE WRIT-INES?'E NORTH AND SOUTH CENTER 01 24 . / / 92 31 \ DETENTION 1" 6 j IiIII g ' DETENTION Tn 21 / r c yL DEL WEBB COMMUNITIES OF 1LLINOISF INC. UNE OF SAID SECTION 5 WHICH POINT IS 1828.85 FEET SOUTH OF SAID NORTH 23 ',� 1 :/ /.'OPEN +� 29 AREA ,, 59 \1B AREA O QUARTER CORNER, 35 LOTU \' 22 y /+f 19 2205 POINT BOULEVARD SUITE 2,00 ht 22 ;1 SPACE 28 LOT U 9 ,t t / �q,- \' O f f CO- ' ll( /Li5 57 58 10 1. A AND EXCEPT A STRIP OF LAND 205.00 FEET WOE IN THE NORTHEAST J(OF Ot 21 l I \' vi ELGIN,I N ILLINOIS 6O'�23 SECTION 5 AND THE NORTHWEST X OF SECTION 4 TOWNSHIP 37 NORTH RANGE ' I ((I 4 5 `� DETENTION f t� t. .1 /' -'� F 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BOUNDED AND DESCRIBED AS 20 ,I ®' (, 1 AREA T '/ FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE NORTHEAST X OF t'-1 19.' • • 1 �^'� `..- -.;/ �/ 3 ,I 4B'\ m OWNER: LASALLE NATIONAL BANK PROJECT CONTACT SAID SECTION 5; THENCE SOUTH ALONG THE NORTH AND SOUTH CENTER UNE ' 'ii 33 50 1 TRUST NUMBER 176833 OF SAID SECTION 5,A DISTANCE OF 1828,85 FEET TO THE NORTH LINE OF Z 1•0 ' 0'39 I _ `� 8 yy 32 gig 52 51 `'22 O P.I.N.°2-04-SDO-DOt MR. MATTHEW C�'DNS'lY PROPERTY CONVEYED TO INE LASACLf NATIONAL BANK, AS TRUSTEE UNDER 31 35 {'., LOT 8 O 8 .' 40 • \ �2/, !a O I� (E%1571X°ZONING A-1) TRUST AGREEMENT DATED FEBRUARY 10, 1967,KNOWN AS TRUST NO.35913 ° 1j '1 42 41 38 ;/ // ;� . I+;23 O (PROPOSED ZONING 8-Jj PHONE: (847) 841-3583 RECORDED AS DOCUMENT NO, 154368/N BOOK 152,PAGE 392 AS SAID NORTH N 16 38 \ \`4.9 \ 37 ! LOT U;/ /: 41 12 µ 46 47 0 (0 15 ,i ce.` t ,g LOT ll _ 1 v FAX: (847) 783-0875 LINE IS MOMUMENTED AND OCCUPIED HEREINAFTER REFERRED TO AS LINE"B' A �_ FOR THE POINT OF BEGINNING: THENCE EAST ALONG SAID UNE B" A 34 Cirjr96 97 16 ".;\ SOUTHDISTANCE OF 3596.80 FEAT TO THE CENTER LINE Of ROB ROY DITCH; )HENCE 14 u 'i I II,OU _�.. J Z7 %� �1/.;.' ` /� 36 __��� �S CCRVTAC7•' SOUTHERLY ALONG THE CENTER UNE OF ROB ROY OITG1 FORMING AN ANGLE : I � OF 90 DEGREES 29 MINUTES 57 SECONDS TO THE RIGHT N17H THE O 19 i /.; 19 a 13.,,.:. -\ / / 97 35 31 30 WESTERLY R.O.W,UNE OF PETER J. HUINKER PE„ GENERAL MANAGER OF LAND DEVELOPMENT PROLONGATION OF 774E LAST DESCRIBED COURSE,A DISTANCE OF 205,00 FEET 1 45 / 34 33 IL.RIE 47 PER 12,D.W. TO THE INTERSECTION WITH A LINE 20500 FEET PERPENDOICULARLY DISTANT ITT 12 ' � / "' 1 12 19 /'; / ® 28 Raw ! ^:'27 PLANS,DOCUMENT NUMBERS (630)553-7560 SOUTH OF AND PARALLEL MTH THE AFORESAID LINE B; THENCE WEST ALONG 0 11 :l LOT' , /9 26 y4.k/ ' ' •...111 - 907256&907257 CRAIG L. DUX P.L.S., SENIOR SURVEYOR THE LAST DESCRIBED PARALLEL USE A DISTANCE OF 3598.47 FEET TO THE 10 N 32 X31 / ' 13 �. 3 OWNER:LASALLE NATIONAL BANK (630)553-7560 NORTH AND SOUTH CENTER UNE OF SAID SECTION 5,' THENCE NORTH ALONG i 24 1 •20 3 / 4 TRUST NUMBER 118833 SATO NORTH AND SOUTH CENTER LINE 20502 FEET TO THE POINT Of g \;.48. : 28 j / 78 ,.� P.I.N.02-05-400-001 SB9°5Q'14"W 10.00' BEGINNING, 27 21 10 4 (EXISTING ZONING A-1) 156.53' \ r •..15 \' / . ri/ .. (PROPOSED ZONING R-3 P.U,D,) DETENTION AREA SQQ°Q9'46"E 71.2Q' LAW USE Y AND ALSO EXCEPT THAT PART OF THE WEST HALF OF SAID SECTION 4 LYING \ 25 \' 9 .;,��^'� 78 / j/ OWNER.MCH YORKVII I E L LC %OF 1 ! 18 /, 75 / /i 79 8 677.79' LAND USE ACREAGE TOTAL ACRES EAST OF THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 47,1N KENDALL T 2 O ,,\ I. V S87°52'41"W 22.10' COUNTY,ILLINOIS - .P '_.�22;. \ \ 7 / SINGLE FAMILY DETACHED 129.3 c. SOX / 7 i 80 I i` g� 566°32'$6"E DUPLEX 378 ac. 15% " ANO ALSO EXCEPT THAT PART LONG WEST OF THE WEST UNE OF THE EAST B 4 56 - "'� ` 8 HALF OF SAID SECTION 5,IN KENDALL COUNTY.ILLINOIS 5 1 7A \ 72 /' 81 103/ 10 AMENITYRE TEN TION&OPEN SPACE 66.0 ac. 25%% 18 / 7{ / CENTERLINE ROB ROY DITCH CENTER 50 ac, 2% DETENTION / „ 102 AND ALSO EXCEPT THAT PART OF THE SOUTHWEST X OF SAID SECTION 4 AND o \ AREA 70 / �' X INTERIOR RIGHT-OF-WAY 129 ac. 7% PART OF THE SOUTHEAST X OF SAID SECTION 5,ALL IN TOWNSHIP 37 NORTH, 6354 20 19 _ LOT II : // e< TOTAL GROSS ACRES 256.0 ac, 1007. RANGE 7 EAST OF THE TWO PRIAI/GPAL MERIDAN,DESCRIBED AS FOLLOWS: / ' / 68 85 ❑ " BEGINNING AT THE POINT OF lN7ERSECRON OF THE CENTER UNE OF GALENA -i 62 \'SgBO \\ -'� 88 99 / 13 W NumberDensity of residential Lots 811 ROAD AS NOW ESTABLISHED ANO THE CENTERLINE OF ROB ROY DITCH; THENCE O � .�r / 98 - y 14• CI ass enty: : du./ac.; Allowable Omsity(R-3)is 5.0 NORTH 73 DEGREES 55 MINUTES 29 SECONDS NEST ALONG SAID CENTERLINE j 88 `^ � �. 97 15 LOT CI Net Density: 4.8 du./ac. OF GALENA ROAD, 852.59 FEET; THENCE NORTH 20 DEGREES 25 MINUTES 08 .OTD ® ,i 89 ;� 4 aTo���L .1 \. /,- ( - Single Family Lot summary(567 lots): Min, 5,500 sd; Max, 15,825 9.L7 Average 7,478 s.t SECONDS EAST, 691.91 FEET' THENCE NORTH 15 DEGREES 04 MINUTES 44 50 �� y N 1!D i. SECONDS EAST, 928.85 FEED, THENCE SOUTH 86 DECREES 32 MINUTES 56 :'90 87 `. \ DETENTION AREA co /p^ Duplex Lot Summary(244 lots): Min. 4,329 s.E; Max. 11,470 s,f.; Average 5,352 s.f. 49 ,H4 //,: Overall Lot Average: 6,838 s,L SECONDS EAST; 677.79 FEET TO INE CENTERLINE OF SAID R08 ROY DITCH, ® 86 �. '-" � 1 .1: 1...:16,0 00 p M ]HENCE SOUTH 02 DEGREES 13 MINUTES 10 SECONDS NEST ALONG SAID 4g ;, \ eg 71 72, 93 ( 19 01 ,„9 O 1..r, EXISTING ZONING IS A-1 (COUNTY) CENTERLINE OF ROB ROY DITCH, 1217,09; THENCE SOUTH 29 DECREES 12 - 2 91 'A;f PROPOSED ZONING IS R-3 P.U.D. MINUTES 38 SECONDS WEST ALONG SAID CENTERLINE Cr ROB ROY DITCH, 47 't 182 " = ' 82 600.81 FEET TO THE POINT OF BEGINNING. 83 -...:::�94 /�!`._ ": 8 y j/"\ 21 Z FUTURE CONMERGAL ^ FUTURE SUBDIVISIONare .� 91 \ \:-2 /� 22 ❑ OWNER:TIPUV10,LLC 95 81 .. � \' /✓5/ PROPOSED ZONING 8-3 O O W P.I.N.02-05-300-003 4 I 96 \,._ / \-_: d EXISTING ZONING A-7 O ^� �NA� w N t[7Dt sTl�rs (EXISnNG ZONING A-1) NEST LINE OF 774£EAST ~_ 78 77 79 73 8 \ 32 EXL�J-TIIAY , M❑ (PROPOSED ZONING R-2) HALF OF SECTION 5-37-7 '� / \ < •�kii:4 �� 8 \ 34 31 (V " 1. COVER SHEET-OVERALL V7£W \\ r• cV 2.-7. PRELIMINARY P.U.O. PLAN 43 1 41 39 02 03 , , ) \ 35 �� Oco l- 8,-13 PRELIMINARYPUD, PLAT P.0.8. 1D710B - N 14. DETAILS, NOTES d<SYMBOL LEGEND .._� �:,.:,. �'"' /• ..\ \.. 58 \ 37 co /. 15. DETAILS t4RKS ^ - / \ 55 16. AREA PLAN LOT`0 3a 33 - ._. zD . ID \ \ • AMEN/TY CENTS? SITE DATA' ,vi,,,,. til 7'-' 40 LOT SIZE, 5.1 ±ACRES, O W E 19';{ 41 • r CHISELED SQUARE ON THE NORTHEAST CORNER OF A ®1 28 ;. 11 \ \\\\ v',lr� " BUILDING FOOT PRINT: (18,000 t SO, FT.) \�\ i HEADWALL OF A BOX CULVERT(RUNS UNDER RTE. 47)ON . 128',.. 24 �b� 18 'I 12 :.t I `' X51 \\ ` ee GRAPHIC SCALE THE EAST SIDE OF RTE. 47 AND APPROXIMATELY 927 FEET ��_ 17 :I I':, ''� • NUMBER OF REGULAR PARKING STALLS: 139 I. - lar sca 'a .. SOUTHERLY OF THE NORTHEAST CORNER OF PROPERTY. OWNER,RICHARD R HENRIETTA Itil If ELEVATION 629.50'(NOVO 29) UNDESSER 40'EXISTING R.O.W. ` ` LOTO Igor 1 l; ° NUMBER OF HANDICAP STALLS: 6 P.I.N.02-05-400-004 ' (EXISTING ZONING R-z) LOT B 47 45 • °.11;a/ ° TOTAL NUMBER OF STALLS: 145 CHISELED SQUARE ON THE NORTHEAST MNGWALL OF �_ 16 (DI 1' T) THE BRIDGE ON GALENA ROAD OVER THE RO8 NOV CREEK. 40'R,O.W.PER. Raw PLAT RECORDED __ -" '. / 48 ' TYP/CAL PARKING W7OTH 8.5' S ]Inch=200 IL ELEVATION 651.41'(NGVD 29)(OBSERVED USING GPS ,UNE 5, 1964 AS DOCUMENT#145193 \` 20'TO BE DEDICAT CA N I . TYPICAL PARKING LENGTH 18.5' ' OBSERVATIONS) TO KENDALL COUNTY 10 . - LEGEND N72 N1.�•3 5528 .....4.... „w., Z PRELIMINARY P.U.D. FLA/T� PLAN CENTERLINE rV(OCCD 3318.0 A. OWNER MtOGO NORTHGATE LLC. DEL WE - YO K Y ILI-E At{lF;TCr.,; BOUNDARY LINE PREPARED ON SEPTEMBER 1, 2005 lC ,331805.8, `�`� W O P.I.N.oz-04-300-Dol YORKVILLE, ILLINOIS �� CALL JULIE 1-800-892-0123 (oFbl �e-4., (eOsnNc ZONING 9-3) '` 4 -- RIGHT OF WAY LINE .Q[,Q,, (C OVERALL SITE F(,2 WIN THE FouDN1NGPREPARED By: G '_r{(4 ` CENTERLINE ROB ROY DITCH v(/ NDIE; COUNTY KENDALL ` • A. 0NERS NAMES ARE SHOWN G PER CIrY-1aNN41IP YORNwLIF,ELM57Lr INP. LOT LINE -85'2:39*---__ +��.,. 2004 TAX ASSE9OR MAP. SEG A T/4 SEC NO.J w 1/2 SEC 4 A E 112 SIE 5 CRAIG L. DUY -S 5 ory p ZONING SHOWN PER ZONING MAP RE ONS DWN BY: INT: DATE: PROJECT NO. NS Q;, - 40 hours before you BUILDING SETBACK LINE OWNER:OCEANWESTBURY VILLAGE 9� O s. IAST.RE4ISION GATE 02/18/05 I. ,RL 9/02/05 JGS 08/17/05 040710 ILLINOIS PROFESSIONAL LAND SURVEYOR glANnc X73° `V < Ali:REVISION DSN BY: INT; HOPo2 SCALE SHEET NO. S93 PRELIMINARY BOUNDARY INFGRMAnON '141441 (aching 90.So.4 N'Si+) ..._ -- EASEMENT LINE No. 3359 (EXPIRES: 11/30/06) P.I.N.02-D6-400-005 5 q O.B.EXCEPTION PERT 383 BY E g ENi, 3. PJN =200' (EXISTING ZONING R-2&B-3) °'V PERFORMED BY THOMSON SURVEYING 4 CHK BY: INT: VERT SCALE: 1 LTD,DATED 8/01/2004,DRAWING NO.3883-A LEO - 5 PJH N/A SMITH ENGINEERING CONSULTANTS, INC. PRELIMINARY P. U . D. PLANPH CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS 3-7 taro+r424 3 L�) DEL W E B B — YORKVILLE UAAM1g J��SaJ smiNc�n ering5coin 9U E`YAILs aec®a IUtengercerie6 cern •LeHEtIRY .FINTtii gTJ'nKY[Wi ILLINOIS PROFESSIONAL DESIGN FIRM J/ 184-900108 j OO PROPOp p p 1�l P.U.D. COMP.FILE: 040710-pre-plon.OW9 SED ZONING - R-3 FPLOT FILE:S TANDARD NEN". 040710-02 • • •• • I • EXrsrWc J .. (rm/......_...: _.. SAN MN 4 RA ... INV ss w r5 910 I u.. .. nw 667 50 m - . /wmnWr(rml rev 6s75B s L.BO RIM•6 F 6060 x WY•63 u Ow EX!0J! L!J!J. Nr nm.l�WaN6.miiiiimunimiummilminiiiiiiimiimininiiiiimmummnimmani 4cfl - i } UI• l+LU511. • 1�iSY . X „ �. inn 1 i !; ��INE .iss I ci` . WN >6Jnr { ,q mai NI' P a • L i Wiiimptq,,,, it.w. „....... . .' ti• Mil I + Ii. .."411114VA4 1 1 sl, :2 IIMI , A ii0 wf s L 11 Ic. �j,• _,, '1g�10, �' I' ➢ : , :„,..... 0 0.-'"''18K�7121D' y 750 :d — IIP.!:1. : n • III ., ii HH d ., \g`j _ y �r.\ - ,,,-.,,,,,,,,, JL (wi.< \f . 9M" 6H 0 sM ,..: - ....„,.- a'..`,-,Al.'T. log b ' o WØ Nzz�+Da+oo • OPEN p ..oral- Kd 6P r✓� .\. - G \. � �l�, «.26 ��,d0 -"'y6 .+ 0 y ®� •a : 'i �' ' '® `� „`: ��b -.',•,,,,:•4 `• +00 rzsosrc smau PROR05£0 SAAOA,' r /'j ,So ���1 ♦/." a.691oF a •302 • '4,- 4xEA Tnoi apoaosco :.�t . sB f ,„,.,,,:,7,,'y W WATER MAIN lcH 31+ ^'r' (rm6ti uc•Ir /:,.. r.J 137 DD ✓ i.. e it g: 0 cb AIN .. i" `°° �" NATON N x.5 ' FOR yONTIN SEE 5HEEjN A' ::AN-6.� SEE SHEET 6 Y o dj w ��^ s N O, yo` FOR CO ti I SITE LOCATIOMAP ---. NTW°A7/ON /�_' :::::ti ii: iii iv:: e.; ����^"''"��G' lip. %�n� GRAPHIC SCALE 00ar��� �t �1tn � i � ( IN FEET 1 Ki i �ri:i q y�I : 1 iach= 100 ft. 1 0/ LEGEND ,�_��(\,, <v�� , PRELIMINARY P.U.D. PLAN • CSN:-EPLitiE �• 2, 7jNam \ NEIGNBORNOODS NO. 6 E 7 • aouNOAkr cNrE _� jpp,�I! DEL WEBB - YORKVILLE RIGHT of CAr AIN, ��QHf�(q�z / YORKVILLE, ILLINOIS OT LINEa1! (Duplex Area) REVISIONS DWI BY: INT: DATE: PROJEC7 N0. BUILDING'SETBACK LINE / r/ , Kurt( 09-D2-us JGS 03,23/05 040'10 1 — — — — — — EASEMENT LINE DON BY: INT: HORIZ SCALE: SHEET NO. 111 1 3. PJN 1'•=i00" I. 1 CHK BY: INT: VERT SCALE: 2 .� 5.1 I P.JH / ll/A I (.413,„ PRELIMINARY P. U . D. PLAN LAN SMITH ENGINEE RILLNllESN-GTYRC xOelN SUheLn TAN TS , INC. CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS mlNPRYOTseE"P277:53;80, O00mBiBgnttring.mm EL EBS _ YORKVILLE •eYCHQIRY •HINTLFY •YOR(VILLE ILLINOIS PROFESSIONAL DESIGN -533 N 1134-000l013 D ' I COMP FRE-040710-Ore-O1,1.0.9 PROPOSED ZONING - R-3 P.V.D. NEW.PLOT 040710ND-0,1 O ' 040710 • SITE LOCATION M:Ivey UMI$(FF CYO vL AR FFLOO �N .\""„"", aft II,i ZSi89°Laws ty ECOW vuu. '�/uwrs rvrn Ent "` �� of"Ib '� ilii./7. , . .. .. 1=NNg°aMI .10fl!. �� i 411y�( ` sin •i y9is • B l�rs - Illy �nlC G� :rx.p /ia 7a ���r � fir' : IIIIl if E j • � ' to! /o441a7\ol��► ��•�fI l�1 I� + _ IS �i ibr • ��N (irv) Rs cmSnem —` .. 4 .� Fsra sivrr nsmrcr Ot _ �P . . 1 DETENTION I i ItilS; #.t ._. i t#1#:::/4:11:10:::h � �• t� AREA 418+ '4iM - 111 t- .411,1127 "".7117: bD' 4 :'roe 1 ! 1t =- ' W c N, r�hpu�n`rnrrry►� waw W 4 f ice'® , � ► � �„ Err<� I , „gy �'i l� 1 S 1111111 o ,1 i ' :, %3 70 00. 11 >, / � _ t0a+ 1. . _ Axes se (N. . ' Nil p do J A ) 2' • , t I o < s r i ! 3 gm C�� l:;s i 3 —M 65 0 r t7��� �r) ' : ! III .) m.s';o \ I I �tt �' 545 10 \: o •� 1'.0 I 1 eS1 • ' OPEN SW �; 1 ” 1it Or 7 d^ SAN V. so2r soda S, �� ��I sASV w uis /�", S�ID NW y/// iy O � .,-k,-,..N \ SSE ; i,,° / /J, / 11 , c�lOE �.. 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PROPOSED SAWA PS • • s. •'''''' r -- ...1, ....,- ,:• w-,(Lel E L;,fg:LI'or .,SO6 R ,' O.,..g^' \\••••• . 0 i . , ..- - . • 0 • . • 1 . .•,c. I 7//,', D .. DETENTIO1N ' S`. GRAPHIC SCALE , ... . • AREA 5 — . .. . . 11116M11.1.11.Milld° 11111..1° ' ''( IN FORT) I loch.,. 100 ft. .1 1 LEGEND 1 PRELIMINARY P.U.D. PLAN 0 CENTERLINE SO/NEAR: LINE . ' . NEIGI-113021-400D NO. 8 DEL WEBB - YORKVILLE YORKVILLE, ILLINOIS RIGHT OF p17)'LINE 1 LOT LINE0REVISIOr02-05 JON OWN INT: DATE: I PROJECT NO. RU/LU/NO RE/BACK LINE I. .H , 08/23/05 I 040710 1 I DON BY: INT: HORIZ SCALE: SHEET NO. I— — — — — — EA",EMENT LINE H 31 PJH 1-=100. 4 1 CHK BY:I INT: VERT SCALE: I 6 5 8.1H I 1 N/A 1 SMITH ENGINEERING CONSULTANTS, INC. PRELIMINARY P. U . D. PLAN ' SFS wvw CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS rss IORs,G., • 61.10),® ingyorco J.E.H.IE-IIAI 8 e 5R R ■KJ //'� P `.11' �80e-YAIL secla•YOR VILLE ng rom D LE1� �® 1 11 1�' LE �\�/ ;I`"� .�,( �T I •YHOFE •NIESIGY •# 184- 1 )'• �" ILLINOIS PROFESSIONAL DESIGN FIRM 184-OOOlOB J / y COMP.FILE. 040710-pre-PI,..Ow9 PROPOSED ZONING - R-3 P.U.D. 4.„, /.../ O PLOT L@STANOARO NEW.' 040710-07 c,ot�r.' 3 gF , r -5AN hill 4 PA Q � °• h > O / r�. . � -846..0 EW /°"V rr��/.y %/ r,�/ C. P \ ,1%.,........A0:41*: ;..........-- • • o� :„.s., 0,. . , /;/ ; . . ., �P. s / „% it //,'.:(///:,,. '' .1'. • t.: r .,.,,..... ., "., coy. ..„. .,,,..„ ,..,. .,,, ,<„, „,::,,,, s , ..., , ,_4, .!"?.'. „,,,/4 / / ..„ ,,,„ isi : //7„. ://--4)/ /s.:,, %0 , ::.,,,,, :,,,...,„,: w ,,,„,,,,,4„:„. .. ....: ,.. , . . .. / 110,9' • \ 2 , , ., .,\. 'V''' 4';,,)' ‘‘3<';',.., .. ,,,g • . , /. ,...56/./.../ :.T:,.: . / N i 0 >REE »"c° SMITH EiNGINEERIBNNGGI CONSULTANTS, INC.PRELIMISARY P. U . D. PLAT AND SURVEYORS 768 JOHN SIRE. SD 0 0660 2B:asD-a63-Tco tel830-60 3-70416 w•n.amlLena-MMI: ( DELWEBB - YORKVILLE LEGEAD WOIS PROFESSIONAL DESIGN FIRM il 164-000108 - CENTERLINE PROPOSED ZONING - R-3 P.U.D. PLOTfFIL ST ANDARDpre-pkaSd66 • -- BOUNDARY LINE WEw 040710-08 RIGHT OF WAY UNE N-I 7 LOT AREAS LOT LINE LOT 1 :5.979 S.F.LOT 73 14,368 S.F. LOT 2 4,814 S.F.LOT 74 '4,566 S.F. BUILDING SETBACK UNE LOT 3 .5281 SF LOT 75 '4685 S.F. LOT4 5,170S.F.LOT 76 :4,912 S.F. .... .... ........ 1...... EASEMENT LINE LOT5 4,777 S F.LOT 77 :4,8991 S.F. LOT 6 4,718 S.F.LOT 78 :4,634 S.F. LOT 7 4,7185.F LOT 79 9.658 S.F. NH NO. 6 L018---4,7175 F LOT 80 5,951 S.F. LOT LOT AREA LOT 110--- .7175.F.LOT 82 5,dG66 S.F. LOT 1 4,329 S.F. LOT 2 4,329 5 F LOT 11 4,792 S.F.LOT 83 5.345 S.F. LOT 12 6,374 S.F.LOT 84 5,221 S.F. LOT 13 6,224 S.F.LOT 85 4,886 S.F. LOTS 4.329 S.F. LOT 14 7,497SF LOT Bfi 5,367 S.F-. LOT4 4.329 S.F LOT5 44605 F. LOT 6 4,9705 F LOT 15 4 703 S F LOT 87 :4 757 5 F LOT6 $149SF 711SF LOT ee 445,4 ,331 SF LOTS 5,4265.E N LOT 19 4367 SF LOT 99 -.4.332 SF N87 5631E 3576. LOT 9 5.793 S.F. 39.00 39.00 J9 00 39.00 79.00 900 39.00 9.00 9.00 900 J9 00 39 00 79 00 39 00 JA 00 39 97 54 ZJ 57OT 6221 LOT 18 4 329 S F LOT 90 '4 419 S F LOT 10 6601 S.F. L 1 329 S F LOT 91 4,654 S f OT 17 4 LOT 1 t 10570 S.F e 99.64" 75 :00, 79.7,3;7,3:00 39.00 79.00 79.00 9.00 39.00 79.00 79.7„.3::.139.00 39.00 39.00'39.00 79.00 9.0079.00 J9 00 900 900 900 , ty r f-: -•':. ,e ^ ` LOT 20 4 329 S.F LOT 92 4 444 S F LOT 12 8,543 SF q - 3 f7 Y a A, W .. Qz '�. $. ': g $' ...� ..:$..-N N:. LOT 94 4329 S F• 1 a. 'o' ,4A LOT 22 4,329 S F�LOT 95 4,329 S.6 LOT 13 4873 S.F.. - :'i+) n -• - w - a ,1.,,ii, ---. i yti,. „ -. _ ... .. Lam. .L- 'C .e..I. 0 • LOT 23 4,7026LOT 14 4349S.F. -. ""- m' •'• - " �' >; � 'e .. .. .7300.M:4J1i6:1 (� LOT 96 4,3295.F. �... ,,. x, . ..:.5. '94 ' r., . ,...w...:y : .:.: „4 ..L-.m LIN'E . .. TT .rLOT 15 4540 S.F. 4 S•oa, f : w, ^...� ,�..'4<' `�i' `k 'O 1,25404. n•�v. JB4.39.80 d9:00V9:�O 7900 9:00 T`9'.00 900 :00 9yJOV4.00 a90019.00V9 - .JY y. ( g LOT 97 4 329 S.F LOT 16- 4.719 S.F. :,..1::1' L ...L • .x/ 69' I _ 550.6616N88-'•31 --- \8,>'r` 3LOT 17 4.7195F. „n•r:2o• .� . _ r�...... > 95.8LO718 4,719 S.F. 5 9'00 3.D �9' . 9.OO1J9.OOV900V9.00V9.00\J9.00V9.00179.W13�•00179.00 9:OOV9.00'39:00 0:3j1 R52' cp OPEN m`/•� - 1 3 4LOT 116.JT`0 ( 7 . o95o003900-1 �� a ,3. ... 15 \ 3. oa• LOOT 27 T 28 4,930 S FLOT 101 'S 3333 S�FLOT 19 4 719 S.F H -4� OOIAwi m • %t/m' 0043004200'4300' 10047:004200'28. 11;1I LOT 31 5719SF N+- -(110.5 .. o - ol'';•• ,... LOT 22 4,719 S.F.. :. .05:00 Q-61.77 4200 42.... .. m 0 :;�,. N Jg 9016. :, m 7 �� p "'>�0 �b� 7104 4329 S.F.: _ 1 00 $ T, < ... - u iry- 0 12175' - m o.8 111:'00' o y .0 3.:. d �� 0,,, ,�.uy. ^04; LOT 32 5,�8 S.F.LOT 105 4.329 S.F -LOT 23 4,719 S.F.. 'D ' a e\a--•d ,:;:. a - - - _ i,• • 15,,, 4 fl x'10' u TO ` 15 a0'.Y� g1 LOT 33 5,6775.E a 77568' Pf fY1:00 N N N N m W y p• ll LOT 106 -4,633 S.F. LOT 24 4.719 S.F _ o 'a i•.. :w ► .. '�.: (o o' u 4 e mm e m "7i k n _Jo. pi 8 r1. \p4. ...... '9-�. LOT 34 5.656 S.F ;.,.,o mfn. ; 2 . . .. $:; 4. N o h7.oa' om (Y4:6Y a.. N a v'u w; 'LOT 101 4,656 S.F. LOT 25 4,719 S.F. o m.,,: .,..: +I d V5.e.. n v .� • u$ 117.'00' S o g -$',: g::::.$.. b �a 1 m p N ,V" ,4..<,N vh Ja /OH43. MOO'I O6' /�f 47.49 At,7.:� 1 99 LOT 35 5.535 S.F 'O 0 LOT 109 4,650 S.F. LOT 26 4719 S.F. o f44:1Y m a / - nt"' • LOT 36 5,614 S.F LOT 27 47195.... ,0 m .tn � wY w N - 51 957 - r LOT 28 4.719 S.F. 53,40 `•: o 17'!'09' 0 fZe.45' a I�� `.7'358' D. 71 u- / B„ ?0• '. 905 •-. ,:7 Yp 121' + ',+,L `4 V. 'LOT 109 .4,633 S.F o 744`.76' N (71.00' 0 51.17' 42.00'42.00'47.00'4200 43.00'42.00 47.00' 21.382:93,,08 V m M O. - V " LOT 37 5,293 S F.LOT 110 .5,015 S F. LOT 29 4,719 S.F. .4500 5.19 1.19' a 1%*8'`: vqI �B 9.00 9.00 90043.00'.ry m. .! 0284 . m 17714' i t I 11993' LOT 38 5,299 S.F LOT 30 4,7665.F !o'.,:,4 m I., ,:y2 a 54.49'0200'42.0041.00' _ rill �fC00' 1j9.62 >�n, 0 77.41' t,,,,,•:. _ n LOT 111 :4,971 S.F. oma ry ^ ?< v.s • LOT397,871S.F.LOT 112 4,545 S.F~ �^ wvr� 1.7250' T' <^. : iI �`: 170.80 ..0245.3510=J�c_. " .q ,t .v ',r1..:r. y ,� ,�, / LOT 40 9,951 SFLOT 113 4,329 S.F. �`- R A1,• Io o LOT 41 5,999 S.F.LOT 114 4:329 S.F•LOT 31 5.523 S.F. 7_526' o - ,. (((:LID' N N ..N "l mmi P` m m. n B „ PwO S'- 1lI.YB 1q 0.02 ..01 'I s�" a N :..:.ti,'g J-'l f k^t /I2 1 "1 N N W R 4 v' )LOT 32 6.0275.E. p m r.^•'�. ,'� ,. .. .i 1�� m .�� f1Y 08' .,��, m4 s� .,a u^ :;, N �.r: ..n:'. -./' �a >.. 4u 171 u` 711 In 0' h o ... • LOT 42 9.930 S.F.L LOT 33 0998 S.F. N o 00 g o -a g vb '5t "': v "-{_ 4� ! '�' •bb n t LOT 43 5,488 S.F. T 115 48385E o Y4.5BY a 117-00 g'�" - R.' - ........: H %) o 74 .LOT 116 6,543 S.F LOT 34 11,4715.E O G��' '0 - - l r 1 '/ 9)39 ' 12>.02' �u.. 900 .. .8 a •/ J�j u ,' o L • s. ...i. f .L.,'10:99 9:00 JD v 111:00' I t3 91' :-..:7,,,' \ u .,51 tl 11. o. VIP:J4' 7.' ).' .8...2' ,- LOT 44 5.496 S.F.LOT 117 10.179 S F LOT35 6,541 S.F. '. .-- o _ "' o > ..: .3_0 158.79' � o Y4%G'.77' tri .7.'384 00"$''54.49_'4200'42 fl0'42:00' 9:0.19,'xY - :, o •, - �0 4i _ LOT36 5,2075 F. � � Oy � ;- 70' a f .�.I 68� � LOT 45 5,497 S.F. LOT 118 045E LOT 37 5,1335 F� Wz I 414.30'N67381;7"E 8IC3):. 1487'1T�16 I $. 111.06' pI' �.f '. Ol. .A Sfib f3 `N� 900 7 J. 614�'1006N• 5' LJ �• - ' .q4 '$ 'JZ y • LOTLOT 9 5,�7 S.F.LOT 119 8647 S.F AT 38 4950 S F o 746:3)' l •- - 6 1 9 �' a.0. 1 . L m.1 m , 5,11 - 1 1 0s S2•.,, o / 498 LOT 121 6 518 S.F. a 0 _ .,: 73. 0 9.00....... 0 m N T; _ : 9p0 + L :00 4700 ...4630-I 4j Q7 I F > M LOT 48 5.499S F I LOT 39 4,923 S.F. O e_-�,-b� �' -..-9,00 900 95Zs•00-.1..7 17:.9:�.. �'; '�'m 111:00 g m oa 1 u� j7' (TiP.). 00 E 152 .... TS �8 F. ?,1�. LOT 171 60'65.. LOT 40 5,160 S.F. o '' pp.1 /.70.96 'r+ •.00 900 ...,.. 4.7 _ •. s1�' 711E y ,116 �T0' _, 8 53.779 1 ab:1�.}6 00?ya >.. o LOT 49 5,'.1005.. LOT 722 6.5675.. LOT 41 5,133 SF' e o 148:9(' `4 : - y ,'.. - .� = :,� '. 0 8274 21. w, �L/ !y5 11� 00' �97 - 1•' 6 �.. N ll�, °,'� LOT 50 5,5015.E LOT 123 8865 S.F ?u 1 - - �� '4?:::'.:..g +:..gl $ 117:06' $-X803 900 43 � _00 0 21 ' y0' .00.47 r;'tS .. r S g. ..$ J��:E LOT 51 5.501 S.F.LOT 124 5804 S.F LOT 42 4950 S.F. �tlr.--19.--:-.• s;:+ S ,;:�• '� 5,81 Nm, 117, X11 p0'\2 ' 'b" " ""W �1i+Ig. T $h LOT 52 5,502 S.F.LOT 125 5,327 S.F LOT 43 4,6195.F •"" 0 '- - ^ a 1 • O get' ti,'Vii ,:.'8" 44.00')v • ..''' 0 4'11 s\ 4 m}It '1.1 03 �, A .A 1��' LOT 53 5.503 S.F.LOT 126 4642 S.F.: LOT 44 4.329 5.F. %;'-‘, ,� .... - 9.00 9.00 e�w a. 1YY.00' I 1U 0. mm. 11 t%1 u \ ,37 34'42.00'47.00 1,p6-799.o �4 e, C � - ,,, q� .c.$ 1 8 LOT 54 5,504 S.F.LOT 127 4,551 S.F. LOT 45 4,329 S.F. G 752 :-,: u .� .07.51'15.77 g00 49.00; _ �. .. $� ,..„..:.....1::. :.9 84.00 7077• Oo A , o °i 11. \; 9.00 9.00 28.8.18' 77 .0.97' a ,q ,., y. �4 ' 00.• x^. LOT 55 5,509 S.F LOT 128 5,584 S.F. LOT 46 4.329 S.F. 1 p 78.00'?RSS• 479 78 1 56.39 .. - .-� 1'4' m a - .... 111.? ‘1:0 i 9$.27 9. 55 ,I ffY00 .:.v 21,5 R M\ .6. 1 100 y : a 47p0 77.15: 9400 � JJI,...-92" LOT LOT47 4,329 S.F. '•0 Y \K\'. 90 1576 0 62.35' - - u L 44:0 10 .. '' N$1 g u 4200 L r "•' ,fig LOT 56 5,5055E LOT 129 5,9885E LOT 48 5,860SF .:,'/q m. a1. 3J.T -:3,8-,,f, ._' ,y. q':, �5 R .{4J45,i.L...6 gi 117p6' E \''' v '' 'p; .:OQ .. $ 000 p3...• '�'�� h Ilam h LOT 57 5.`Ob S F�LOT 130 5.099 S.F. LOT 49 5,860 S.F v`n 114' 4./" ;;_ Ry o ,a. - 2 J 729 6 1101 _ 11' `\ 03' 186. .-��j3„ LOT 58 5,SO7 S F LOT 131 0,332 S.F. u" : y1 �� 7 6 00'24-°. C29 _ N g'. �-$ ''g, e+$- . 03 i��_ / ‘..-;;;;,6)),0* LOT 59 5,508 S.F.LOT 132 .5.206 S.F. L0190 4405.. ' Q. r..,,i, tr • 14 6. : - 8 ,nY - `° _v- .4s". m i, c m. 33 .,,+ me T LOT 51 55195.F. 1. . ',;E::.44‘ '.B - L ' • - 39.0024'7 I 758.42 . 358 �\ yef o ,11. m �\ _ LOT fiO 5.508 S.F.LOT 133 :5,3325.F. 17 40 'o•. i 6y 4 3.9 f.19 10 1g.,,n ...Lc _ •s 71.36-12 ` LOT 61 5,509 S.F.LOT 134 5,208 S.F. LOT 52 56935.F 1 ,: 99 • • 61 .� ' 'p8 50' 36: 3 ..0,1 'j1 2, \ LOT 53 4862 S.F. ?: ' 0� l.t 11 fi • X02, 1 16.8 47 41 1.4 6 �� 7 - 1_,9 7g` LOT 62 LOT 54 4,662 S.F. 1M10 r v•-.9. N6:a: 4 S•. 6. 6 1.18 50'4250 4.44;50•41.50 .50' 4�.:'(-._ J8• m„,-1 1.15., - -b �, , 06� E ..� 7..°\` N LOT 63 4'506 S.F LOT 136 5.208 S.FLOT 55 5,452 . � •Cs- ,� Ef:"`i`�,' 0 .615.. 1 ..:.$ .4e.1 r 1 m5 • ..i tom'1' ' LOT 65 4 e,t S.F /� 37 :250846 L. LOT 56 5,485 S�F '�� \N0 ,,ii ..� ?s• 0 3 150 .. -. 7 472 1 1'^ 11 0 + 7�'E 1 :3/7 54 S.F LOT 138 5.... LOT 51 4,6625... ? 0•, o ,.;,,.1, %Y 3 14 4 1 3' 653 LOT fib 48795.E LOT 139 4750 S.F. `*: 9� :-.,'..,,:..(9...'''.....4:.6: 9\i soo- y4 ✓' -g "%a 52.16' 46'1 137 '''....°'.5' �ii�Ie' CO i.`• LOT 67 4.684 SF L 29 S.F. m LOT 58 4,6625F LDTD ?�- ';:. ..o0 7�•� ,,_ yn r 0{fi ..M,...$..• - '42.501250 g.j7... SO ..�75 e LOT 69 4,691 S.F LOT 141...•4.773 S.F. • LOT 59 4,40 S F 124221 ss' y 3 LOT 142 4 329 S F i... LOTLOT 62 7373 S.F. 89.44 41?scb .$',.:,:','�N\' :. �94b ��. !�,� h00 me,5 4.904524,6.9'4255'4250 4.2.,,,,..,..:42...775°5..,i;.................54.V ..............,.:..).a..............21' ---_. X7661'- 41:11'39'. LOT 62 6,143 S.F. d'i, .....*- 9..:': r .3 'R 9 _ Ne7'OH'i6E _ ...L 4 , LOT74 4,0305.F LOT144 4,7505.iF. 20 -� `' s d79 y> V. L�Sp' 39807 ��.. 170. W ��' ! E LOT 72 4,629 S.F LOT 745 6444 757 S.F. LOT 63 5792 S.F. <,•--7,&,'", 291 u �� `�jLOT •• u _ ""-� LOT 146 :5.208 S.F. LOT fi4 5 42 S.F.. .,., �1 3•l \' \ j i �--79602 ., as ,�6 --.--77:-.-. 4® 147 5208 5 F LOT 65 5 355 SF.' '•"•u• ,60''''''...5... p „ • L '� o o ! P 16 55 OT 148 -5206 S.F LOT 66 7 151 S F. 'o p'• ry B8 M1h� , '•'' // • •' •\ LOT 149 4 836 S.F. LOT 67 5,658 S.F. n 1/0 a r 13 +` ! `�'-L 49". LOT LOT 1510 5,265.E Ya ' LOT 68 4.995 S.F � e; ..L:..- �0 ,00.2 -,7.v � -♦\ iB /205 �. 1•. LOT 69 4,329 S.F. 4116�3� 12 1 Y. -..= /,.--',/, '....r".2.' 4 4 LOT 152 4.9335.F. LOT 70 5.9715... 6-',,,5. V e 70 a1.'•' -/] m( /:., LOT 153 .4.568 S.F. LOT 71 5,971 S.F ' M1°. "/:;i�,. 66 • ♦ I S LOT 154 '.6,670 S.F._ LOT72 4,463SF. 'a F u� 1. /.LOT 73 5,842 S.F. //4.J7' jF 71296'' 6 / �'5" CURVE TABLE 'LOT 74 8,293 S.F ri _ 0 $�u / CURVE LENGTH RADIUS CHORD CHORD BEMIRING CURVE LENGTH RADIUS CHORD CHORD BEARING LOT 75 7,529 S.F Y Jy3 /:'• Cl 53.71 100.00 53.07 572.33'14'V C38 158.37 _ 225.00 155.12 558.21'07'E •�� LOCATION MAP LOT 76 5,063S F. ••. _ 13' CO 332.98 725.00 330.06 _ N35'08'42'E 039 186.79 22500 181.47 954'44'03' SITE LOCATION JVJAr LOT 77 7,643 S.F. • • .ry C3 351.34 42500 341.42 588.11'18N C40 127.92 52500 127.60 508.33'07.8 LOT78 8,783 S.F. NIT. - //• C4 214.93 575.00 213.68 578.50'13'8 C41 65.33" 325,00 65.22 989.48'36.8 LOT 79 6,341 S.F. N /,' C5 _ 68.48 45.00 62,06 549.55'55N 042 429,10 465.00 413.14 N82.35'13'V LOT 80 5,605 S.F. C6 7051 45.00 63,56 947'0554'V C43 16231 525.00 161.66 94426702'8 Ci7 rari LOT 82 03315E C8 70.69 45.00 63.64 542•58'17N C45 C9 75.44 OOAO 7366 S67'09'03'V C96 136.92 325.00 135.91 S62.43'S5'V 4'� f 197.79 67500 667.13 568-57'10"E4.4040 44TI.``\$11M1111� LOT 83 6.355 S.F. - -4 563.23'09.E 048 58.29 525.00 58.25 538.48'26N 581,re"'N ii a8G R. 0069 xtr �i• LOT84 7,008 SF CIO 76.71 10000 74.64 520.44'15' 047 121.48 225.00 12051 524'02'04'E '5R'.477 'S8 09'77%",0 dsf ...t 00 i 04.-44111)11 • 9 45.00 LOT 85 0',893 S.F. C12 24466 525.00 24275 541.09'07'8 049 349.82 225.00 3564 5877.26'47N 1� ,$4 ' '? ` .4 Q!II." - LOT86 8,880SF. Cl3 82.]8 200.00 82.19 '5021'28.8 C30 158.03 223.00 154.82 S30'32't9'V �x /A' -� �� �� GRAPHIC SCALE LOT 87 4,750 SF CI4 286.94 175.00 255.86 908.28'19N C51 96.65 225.00 95.91 N78.55'56'V f1, \ ��� ovum 0 50 11,0 700- LOT 88 4,329S F ?%704,...0101= ► .m Cts 94.21 325.00 93.86 449.43'08T 052 177.70 52500 176.86 614.40'43N ' .LOT 89 4.329 S.F. C16 24.88 325.00 24.87 '38'13'18.8 C53 182.99 175.00 174.77 551'10'S5'V /t•It j f�• •„�� r .• g I11 LOT 90 4,329 S F. 1. ANNOTATION ABBREVIATIONS- NOTES C17 81.32 525.00 81.24 N32•13'19'V 054 1569.20 57500 1125.62 N36'11'38'1./ limo4 : 11 ^�1� C38 55.13 42500 55.09 _ S51.43'42'2 C55 1248,74 725.00 1100.01 562.21'16'E 111. 4.4 '\�w 4,/{711 1 4, (DT FEET'5 B.S.L. =BUILDING SETBACK LINE C19 271.12 32500 26333 674'23'52'E C56 162,45 600.00 161.96 N73'22'52'8 III2% 44 lib Q4 40(f f I l t J I inch= 105 ft. POB= POINT OF BEGINNING C20 192.37 525.00 191.30 57012'23'8 C57 1027.01 625.80 915.30 534'03'48^J 'II- �,'�� // NO • POC=POINT OF COMMENCEMENT 021 74.13 22500 73.79 970.08'5054 058 355.90 225.00 319.94 946.33'1251 11, • P.U. &D.E. =PUBLIC UTILITY&DRAINAGE EASEMENT C22 172.80 225.00 168.59 917'29'58'W 059 67.34 22500 67.09 ' 509.48'43.8 • ��11,1011=1.''�7/4S 4� 0 S.W.M. =STORM WATER MANAGEMENT CO3 97.19 250.00 96.58 986749'16'V 160 10082 32500 100.22 586'41'58'V �,�%II\ \SII•, �� \\ Q, PRELIMINARY P.U.D. PLAT TA.E. = TEMPORARY ACCESS EASEMENT C24 101.66 300.00 101,18 575.19.59'V 061 17685 225.00 172.14 N71'5I'59'E I���► �O �p L.E. =LANDSCAPE EASEMENT C25 38.58 300.00 38.55 505'44'33'8 C62 36,60 22500 36.56 589•41'54N : \\4114 I� �\\\\ Q NEIGHBORHOODS NO. 6 7 H.O.A. = HOMEOWNER'S ASSOCIATION C26 429.51 22500 367.20 N37.22'15'V C63 108.47 52500 108.27 500.34'57.8 G��I �11111111 ���Ij/// 2. THIS PROPERTY IS PROPOSED TO BE WITHIN THE CORPORATE LIMITS OF THE UNITED CITY OF YORK ALE. C28 161.47 250.00 15868 5225.00 57.52 05.52'218 C65 361.38 57500 355.46 517'10'E 064 155.43 32500 153.95 74.1958E ta./ eilinIIjj��,��ii A°,/ ,� DEL WEBS - YORKVILLE C29 79.41 325.00 7921 974.08.188 C66 150.35 225.00 147.57 N21.28'53'V ///4/ di '4 '//iii. YORKVILLE, LLINOIS 3. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. C30 145.75 575.00 145.36 N4526'S8'V 1.67 256.33 -235.00 243.81 509.22'36.8 automat= /O. si 4. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. C31 221.15 250.00 214,01 527 22'1018 C68 esse 200.00 85.32 54.1I'l2•5 X4.1 5. EXISTING ZONING IS A-1 (KENDALL COUNTY) 032 197.95_ 700.00 197.29 N16.5T41•V 069 233,28 365.00 22933 N16Y2'1TV REVISIONS - OWN BY: INT: DATE: PROJECT NO. C33 163.08 22500 159.53 560.22'25'V C70 192.24 210.00 185.60 N20.16'36'E J. JOS 09/07/05 JCS 08/23/05 040710 6. WETLAND STUDY TO BE RENEWED BY CITY PRIOR TO FINAL ENGINEERING. C34 35.78 300.00 35.76 N84.33'17.E C71 20524 325.00 201.85 073.04'37'V Z OPEN SPACE TO BE OWNED AND MAINTAINED BY HOMEOWNERS ASSOCIATION. 035 239.77 600.00 238.17 513'36'59.2 072 354.92 27500 330.80 ' 518.00'43'V 2 _ DSN BY: INT: HORIZ SCALE: SHEET NO. C36 75.74 635.00 75.69 505.2643'E C73 36626 400.00 353.60 N10'09'23133. PJH 1"=100' C37 96.27 370.00 96.16 976.20'2918 074 102.56 100.00 10228 529'02'34'E 4. CHK BY: INT: VERT SCALE: 8 15 PJH N/A NH NO. 1 n SMITH ENGINEERING CONSULTANTS, INC. PRELIMINARY P. U . D. PLAT DoT AREA G>oDisTT4DcT759 t ENGINEERS AND SURVEYORS �� 369JId 79006' ro> .00.04015 30069 • DELI �l B B Y O R K V I LOT, :9S.F. 030-003-7060FESSINAL SI N ITRDI,i„ LOT 5,719 S.F. �,...aml9aaudneeri°{.mm 6-1.011:smhmlNertgfvem4,g.mm LOTS 6,213 S.F. "Ye�t81• •805RS1' "TO8106ILS LOT3 x,213 S.F. IISJNOI9 PROFESSIONAL DESIGN FIRI[/ 104-000108 ` LOT 8,213 S.F. J® LOT 6 8,213 S.F. COMP 871 STAND7ARD l'("/l of dry PROPOSED ZONING - R-3 P.U.D. LOT7 8213 S.F. VIEW, 040710_09 • LOT 8,2045.F. LOT 7,564 S.F. LOT 10 5,500 S.F. SITE LOCATION MAP LOT11 5,500 S.F. Lorca 5,500 S.F. LOT 13 5,500 S.F. LOT14 8500 S.F. :r.: LOT15 5,748 5.F. ,q„` a;�x41@$Id98 ���"�, LOT 16 6,367 S.F. ��������� / n•rb4 24x.°��5�6'feSSS'Y.�;`. LOT 18 LOT 17 6.448 S.F. :IMO o►j II Oro*t re;.� x....,;, M for 19 s,ezzsF. • �'. .:Pam r.9-V 3ELOT ••Milli 11//1►�O•j�s. £0i ?01:AM LOT 201 7,111 SF. '. I 1111111' .. ` .1 'i.9, LOT 22 6,040 S.F. • _I l ,..-,u/N/ % LOT 24 LOT 23 5,500 S.F. . WIv1i .111y it �I� CIMMO )IIIII�;�I#. •� �:lie. Lor zs 6,600 sF Lor 2a a,96,s_F. I.• 4Aq /�/1tD�i 3576.19'N87°56'31"E Lor z7 6,39z S.F. \U,: ��4v.III 1/1 11106 7 LOT 28 9,2785E ,�,'v •// III01111g 7170' 6751 6595 5126' SO OB 50 OB 50 OB 50.0H' SD D6 50 OB 5008 8655 LOT 29 8,243S F 321' 9287' i '11 i h�- �� O b0 V LOT ]082 S F �,�//04 •IIS��/,�� � -4.0:1,•'i # ryry .... .p1�`� ,1 1 •'�````�````.. V p.' R R .5 n. °h 4 LOT 32 71555 F. 6y t T d8' LOT 33 7 296 S.F. 6' dt ri• Y 1 LOT 35 7,577 5 F. C114414/;1111:11111/111/11:11111 ��i��� � A °f y 60� \45.60�a< 4 g LOr36 7.7185 F � 1G i L1 Oi/ ..?ems 6 �' .�s.. r:77'4'7:3744e2r 3a ao'saaD••3acro'sa oo`_saoD' Sa w'I;'li -. ii 7.e5asF�_ �I� ��/ ♦ J- OS J7LO 7,6325F. ►�.i � ,/��• ` >„ DETENTION y�1•60� $ 4 j7 i4„o%'1 i53- _ JBJ 82'588'49'54"E - 124Y c�6 - O 8,754SF. D��O • :q10,776 S.F ' '� i\ - 273: _ ci . /I��4► Y AREA SD §/. - �• 6 7 ---4.1..“.! $ Ot , 1„72.1.3.. 4:94 50.00' 60.00'.50.00 5000' 60.00'.BO pO'r4 p0•°\ 4+ 110 44 pg `.15 a. 61' G “:' Od 41'1 /,‘6.... - --. W l W {�� rc . 8. w ^ 1 ' 5,500 S.F 6T 'f ......�5Q0" '‘,,,,51 W �ii 0 _ 4 O- '.. -' d:.: .t 7L., m Lor. 5,500 LOT 48 5500 S.F. w1 W 06' / 0'L �` - 109 32' 1 44 p CT LOT dl 5,503 S.F 'Arca \ � .� M1� \ $\ \ 43 2} .A.9O `•�� 5000 50 00 sax' 5000' 79.80'... . :�.,- +l LOT 06 500 S.F. ..pry. '� \,b9T \\31gq \ ..6082 43.00968 64.60 5015 50.15 55.15' 50.15' 4642' 83.83',1 a $- OPEN O LOT 49 5,712 S.F. ,T l .x M 414 109.J2' SPACE -I LOT50 6,377 S.F. ‘,N w�, ..,./, ApA1 / „....„41N\\y\,5 20 4 J6 . 4" ' g K I 10 .K/ V4\9 . ,� \ t9.� 1.5 p . w Q LOT52 9779SF. ^ 7 .\ � a 2y �''$ I 0 t �* ��1 0932 OT 53 BnssF .� 485 .nl - p_, 2^ � 20 11---- 1 :.. 4 LOT 54 5,8875F I? xb / N 6 1^ Q -8 47 40 J7'5000 5 L $. $ LOT 55 S,SOOSF 1 l ',`yy L= 000' . / b .Iia Si4x ,,,,•:,!'• 1' 66\ .2 L )f.L6 ;/p.6•_ '•p1 .....,977.2. ,,,--:,;,-- e7..77 J10972 �"o mpnir. LOT 580625SF. ,$ !1$48 ,b' U -0 m 4• 0 721_OJ' 20.68 \ ;T LOT 57 0,6255 F. �\ +•m 90.6 1 041 --7°-°8.---- $ LOT 58 8,407 S.F. n'� i.n 6 92 I N]Y49 A7 E ` ;,;,-.4.,' 58475'52 E�"L. N 4g3'04•E 15 LOT 59 6,208 S.F. m co I' �� '7 19' p 13877. o q 12q 8 027 50007..50 5. 1 2 0l 0932 LOT 80 87005 E ♦ 117 67 s) 1 4 54 q0 1 ^39 2,.......L.,516 . .8000 .i-A9 L - C 1� _ LOT 81 82 8 901 S F. 2• a ,o v•l 4Yj 37 4150' '.qq i ' LO n �^ I au. 13057 obi JO w' m �� QI :. 10932• LOT 63-------------------------- LOT 74705.F. '.f •h 14.3.87' o iw w f° ° ry .. y" $ \ J. b o LOT 64 7 953 S F b 1of / H 6i O ' T,i ,s t..,l 119 90' 1" I 4, ..n i. .01 A : LOT 65 7,039 S.F. :�� mN,• 001 '49 17579' $1 a •^•T4.4,•5.086' 'F .b < 625r /0�i4•i11rL-- HM 11051 LOT 66 6,303 S.F. -p • v LOT 67 0.635 S.F. (� h 811JB. _ OI w p' 5141• S ^ 6J 45.w7 LOT 68 8,6835F. 170 :. v1 12225• h 7S 0 1 ry ,Li...„.„. ^`, h 4Ol 9' h 26•Dl' .„ LOT 69 7,000 5,F. (V I ; 11667 b =1 p m 8 8?25.9' \Z O/ /vH I15-43' m LOT 70 8,433 SF �:� 1°..- V'''-'.. 12618 6 '.t.,',...!0' L' '65 51' - vl _�. ,.<: CM LOT 71 69945.F. C` 0• 1107/r R L,�! L I ' ,^ ry '.0, 4\ .h b` 2 LOT 72 7.101 S.F. •T ` rm.).....•.•...88.36... 4; (�1.J9 „1'l,' 1. 2,25 o ;, y h ll1,, (' LOT 73 7,544 S.F. OPEN - e T `a -'t4 o, `'o .x`° u v LOT 74 7,854 S.F. CURVE TABLE b SPACE /110 $\ •''..:-.:{i,85'93. 6.7 '77 40�.._ 1P :'.p4,0. h \,90\ 4M1•nj 7 6 p 10175 6,111 S.F. CURVE LENGTH_RADIUS CHORD CHORD BEARING CURVE LENGTH RADIUS CHORD CHORD BEARING moi,• 4x \ - \ , 'N ,• a' Lor 76 7 741 S.F.S.F. Cl 53.71 100.00 53.07 572.33'14 J 038 158.37 225.00 155.12 558.219079E �l '°moo j0 M1\ SS• 'O 10170LOT 77 7,141 u' 1 o Ya��1 9218E 0831 .Y 64 J654,.,i-L-. ii i'� '' ` .4' .. CO LOT78 7,532 S.F. C2 33238 72500 330.06 N55108,42.E 039 186.79 225.00 18147 N54.14'03'W - u O ,,.....1,7',., 6436 �L ' -. 1y i" �.- '1 N89°00'53"E 15.64' \ U ' 9 .$_ \ 63, 84/+ \ 0 LOT79 7,909 S.F. C3 351.34 425.00 341.42 199'll'lB'W C40 127.92 525.00_ 127.60_ SOB'13'07'E o < y� 45 5 P Jg.' �, 2j.- �' •.3"6,1° dl Sr 00 LOT 60 7,243 S.F. C4 214.93 575.00 213.66 S7B'S0'13'E Cll 65.33 325.05 65.22 1989'40'36'E \ ��. '0 11000 Q p-: 066 4+ 7S Ir' 6 , 4 - O O. f J , •/ 4 T LOT 81 7,637 S.F. LS 68.48 4500 _ 62.56 548155'55'W 042 428.10 465.00_ 413.14_ 04429'13'W 9� 1 ca� 0 6? �- ^ p O' '� C „, l �� I,' �r19 L0182 8,458 S.F. C6 7050 4500 _ 63.56 N47.OS'S4'V 043 16231 525.00 16166 50357''02'E e •+•r. N' d.,p �, :"" _111 ' LOT83 8,247 S.F. C7 65.10 4500 59.57 1147.23'25w 044 _38188 275.00 351.93 503.07'23.W 110 .'" p9 48,04' 4204' 48,4. A' 0 �8 • O tit' LOT 84 7,030 5.F. CO 7069 - 4500 63.64 042.58'17'V C45 697,79 675.00 667.13_ 068.57'10.E .\ \ \'., 30 .9 Oj LOTO 4404' ,cL -. ; "tc.. 4�6 ti0' ' 4 co LOT 85 8,073 S.F. • C9 75.44 IOOAO 73.66 567.09'33924 , 046 136.92 325.00 135.91 562143'55'0 g- Vi .11 p0 ... �. .. L=17?0�..umav v 2 R { 401 moo O[j O LOT86 8,498 S.F. C10 76.71 _100.00 74.84 82014415.w 047 121,48 225.00 120.01- 524.029049E \ 110 y, Sp \Ot 5. "y' ,,30 O v LOT B] 6,080 S.F. CII 7069 4500 63.64 563.23,09.E (48 - 5828 525.00 58.25 538'48'26.W ` �- :4 70 J1, ('[,f')''9/ 1 •1 100" p C12 244.96 525,00 242.75 041109'07.E C49 349.82 225.00 315.64_ 087.26'47'0 \ . y - C3 .7 ee 6• /7� - DETENTION .6 a LOT 89 5,659 S.F C13 62.78 200.00 82.19 850.21'28'E 050 158,05 225.00 154.82 530132'19'0 N' 3}0% \ •4; 'TAS•.. 49 ^ 1 /'.° AREA C) N89°50'14"E 10,00' LOT90 5,861 S.F. C14 286.94 175,00 255.86 N08.28,19'W C51 96,65 225.00 9591 N78.55'56'4 ` 10' - '9 171 LO'91 6043 S.F. C15 94,21 325.00_ 93.88 8413•43'58.E 152 _ 177,70 525.00 176.86 N14'40'4370 ` n`y/� • _L }B.2B .... 788 ti -/0, LOT 92 6,2305F. N C16 24.88 325.00 24.87 838.13,18.E C53 18299 175.00 174,77 051.15'55'W \ 0l 6 /�" S,peb:S' 7. LOT93 6,7319F. C37 8132 52500 81.24 832•13'19'W C54 156925 575.00 1125.62 836.11'38'0 5590.35 I. \ Tal LOT 94 87105 F. CIO 55.13 42500_, 55.09 551.439427E C55 ,1248.74 725.00 1100.01 562.21'16'f i 6430 �' "ice �� _ '99.. LOT95 7,9235F. 019 271.12 325,00 263.33 874.23'52'E 056 162,45 600.00 16196 673.22'52'E \' N 339 la .- 019 \ 1 L0196 5.500 SE, C20 192.37 525.00 191.30 871112'23.E C57 1027.01 625.00 915,30 534.03'48'0 ,.j0 •7 fV S88/7 ' "-y_ 8- LOT 97 5,5005E ' b X99: 9g C2l 74.13 225.00 73.79 N70'08'50'V 058 35590 225.00 319.94 N46.33'12'V '.,\ \ /'� '�Q� '` '�� r"UF � �'��-- o-� 147:13'"� � LOT 00 5,500 S.F. C22 172.80 225.00 168.59 N17.29'S8'W 059 67,34 225.00 6709 809.48'43,E .�L`� . FOES M� % O Z Lor 99 S.SW SF "+ 023 97.19 250.00 96.58 N83.49'16'W 060 100,62 325.00 10022 886.41'58•W ' `1-S\ / DI '82 _ ` O C4�� 24256' - O O LOT 100.S,SODS F� W / ; E • C24 101.66 30000 101.18 875.19'59.W 061 _176.65 225.00 172,14 N71.51'59.8 CD /V .96'x'.., t - - O LOT 101 5,500 S.F. _� C25 38,58 - 300.00 38.55 805144,33.E 162 36,60 225.00 36.56 589.41'54'00 G " SB932'44•E N N LOT 102 6.075 S.F. 1`�J! C26 429.51 225.00 367.20 N37.22,1544 C63 108,47 525.00 108.27 500.34,57.8 `O AT/pN 4sa2aae.... _ __ 242.99, o Loi 103 LOT104 8,3135.E m 027 57.68 22500 57.52 NOS'17'LO'E 064 155,43 325.00 153.95 N07.11'SB'E C28 16147 250.00 158.68 505.529219E C65 36138 57500 355.46 074.19585E CO0° 0 029 79.41 32500 79.21 874108918.E 066 150.35 225.00 147,57 821'28'53•00 C C30 145,75 575.00_ 145.36 1445.26,58'W c67 256,33 23500 243,81 509122'36.E A..,4 C31 221.15 25000 21401 127.22,12.E C68 _ 85.98_ 200.05 85.32 834.1111201 01 11' C32 197,95 700.00 19729 1416157'48.W (69 23328 365.00 229.33_ N16.42'1741 m 133 163.08 225.00 159.53 560122'251100 170 192,24 210.00 185.65 920.16'3670 41, S C34 35.78 30000 35.76 8841133'175, 071 20524_ 32500 20185 073154'37'V C35 239,77 60000 230,17 513.36159.E C72 354.92 27500 330.80 318.00'43110 C36 75.74 635.00 75.69 005.26,437E C73 _366.26 400.00 353.60 610.09'23'W • GRAPHIC SCALE C37 96.27 575.00 96.16 8761120'29.E C74 10256 400.00 102.28 829.02'34.E _ 00 .. linimmilinemoommimi. 1. 1. ANNOTATION ABBREVIATIONS- NOTES1 DI FEET) B.S.L. =BUILDING SETBACK LINE 1 inch= 100 IL POB= POINT OF BEGINNING POC= POINT OF COMMENCEMENT P.U. &D.E. =PUBLIC UTILITY&DRAINAGE EASEMENT • SW.M, = STORM WATER MANAGEMENT LEGEND PRELIMINARY P.U.D. PLAT • T.A.E. = TEMPORARY ACCESS EASEMENT - CENTERLINE L.E. =LANDSCAPE EASEMENT NEIL -130121NO. I N.O.A. =HOMEOWNER'S ASSOCIATION BOUNDARY UNE 2. THIS PROPERTY 15 PROPOSED TO BE WITHIN 77-fCORPORATE LIMITS OF THE UNITED CITY OF YORKVILLE DEL WEBS - T KVILLE E J. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. -- RIGHT OF WAY LINE 70RIGVILLE, ILLINOIS 4, NO DIMENSIONS SHALL BE ASSUMED BY SCALING. LOT UNE 5. EXISTING ZONING IS A-1 (KENDALL COUNTY) - BUILDING SETBACK LINE REVISIONS OWN BY: INT: DATE: PROJECT NO. 6. WETLAND STUDY TO BE REVIEWED BY CITY PRIOR TO FINAL ENGINEERING. 1. JOS 09/02/05 JGS 08/23/05 040710 7. OPEN SPACE TO BE OWNED AND MAINTAINED BY HOMEOWNERS ASSOCIATION. EASEMENT LINE 2 DSN BY: INT: HORIZ SCALE: SHEET NO. 3. PJH 1".=-100' __ 4 CHK BY: INT: VERT SCALE: 9 Is_ PJH N/A I - I PRELIMINARY P . U . D. P LAT in SMITH ENGINEERING CONSULTANTS, INC.I CIVIL/STRUCTURAL ENGINEERS AND S URVE YORS 1LR%WI.E,=HOB 80680 6 _�� E660-663-9646.. ,��. 6� 6.7141:.60.30221035602633122..6.67 "M 1,133( 11.171211.17121, FORA0L• DEL WEBB YORKVILLE ILLINOIS PROFESSIONAL DESIGN FIRM/ 184-000108 ® COMP.FILE:040710-P/"-Plettllq PROPOSED ZONING - R-3 P.U.D. PLOT FILE STANDARD NEW: 040710-10 • .97E LOCATION MAP :16:11:111; isci sfrw 1 1 :� ,4111.� fv:v I :x 11::I 71 2:1!0` llii ISMITH ENGINEERING CONSULTANTS, INC, PRELIMINARY P. U . D. PLAT CIYII/STEUCTUBAL ENGINEERS AND SURVEYORS '160 MEET yonnnu. mon NW PR (4,„ DEL. �1�TEBB - YORKVIi� LIE ,F°_�_�W ,SIN FIRM....emlweaglneerlw.eom E-ren:c«.emlmWOneerwg.com re�rsm ralUNIlY ITURgAtlB 40 NOTES ILLINOIS PROFESSIONAL DESIGN FIRM/ 184-000108 1. ANNOTATION ABBREVIATIONS- JYv�� PROPOSED ZONING - R-3 P.U.D. PLOIP. LE A4DARD e-v7°e.a»v PLOT RLE STANDARD B.S.L. = BU/GOING SETBACK LINE NEW. 040770-11 • P06=POINT OF BEGINNING POC=POINT OF COMMENCEMENT P.U. &D.E. =PUBLIC UTILITY&DRAINAGE EASEMENT .t.398:27 S.W.M. = STORM WATER MANAGEMENT � T.A.E. = TEMPORARY ACCESS EASEMENT ..;-:•''''''''--- L.E. =LANDSCAPE EASEMENT r.. H.O.A. = HOMEOWNER'S ASSOCIATION S/�. `G - _ 17 ••••-r1;,,J. + 2. THIS PROPERTY IS PROPOSED TO BE WITHIN THE CORPORATE LIMITS OF THE UNITED CITY OF YORK WLLE. V ,e - '..., 3. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE NOTED. :� 1 92:97.29.1gLmJ \` � 751° \ .1� '.--7> \ .\ 4. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. 5. EX/SONG ZONING 15 A-7 (KENDALL COUNTY) 8j 75 \N65 (.....51.00.00.q9m 38 106g , 1j447 S 'b '£O - \ Z' •\ ' -,1551 9650 7'2 'g 5 ,3y /g 14...!.... ,,QOp \� \ . 6. WETLAND STUDY TO BE REVIEWED BY CITY PRIOR TO FINAL ENGINEERING. •► - ,,..,,,,t, _-. - 2 .. or !�1 Z OPEN SPACE TO BE OWNED AND MAINTAINED BY HOMEOWNERS ASSOCIATION. _■ ._ 0 0,6 713:5 _ ^t\t''e c4,.... j1DDo 2 ,'8 y-i� ,r \\1` 4 - 171.1 :�7a.91'- _ = ]8679• :g \ Z[e,r, •,.s 1 N-I Na 4 NH Na 5 N-1 Na 9 MODEL PARK -,„'-i,,-.. --- 319.21' 17 }9" X771 A h P ... - N61°8'is'E 0' 621 {651 - '1g ' ?` /' ^m !' LOT AREAS LOT AREAS LST AREAS LOT AREAS 0 5° )96°2' -.'-'130:00' 64.71 'laeg ,. \ �. ,„ 65,00 1 ,"R' \ h / y LOT 1 8,941 S.F. LOT 1 7,150 S.F. LOT 1 7,150 S.F. LOT 1 5,796 S.F. Jg f- • 6513• 6500 LOT2 7,7005.F. LOT2 11,416 S.F LOT2 7,150 S.F. LOTS 6.093 S.F. / -" 8100 p , 7 YJq 7S LOT 7,150 S.F. LOT 3 6,371 S.F LOT3 B4O6fi S.F. L0T3...- 8,%75.F. - �' .... 4i p g� g ...,..1,'''',:. � - 111 P.a•- {/( LOT 7,8015.F. LOT4 7,655 S.F. 1014 7.635 S.F. .0T4 9,693 S.F. . / '(i`�49' v 131 y 91• � .g � ••••-:,'I..::: _7742 4c• X11y141rt •• 51 m. 110.0° .e�� P _51 LOT5 7,742 S.F. LOT 81035.F. L0T5 9,069 S.F. L0T5 11,0953.E LOT6 9069 S.F. LOT6 12,409 S.F h'aa• 701 60.0,..,' yT500 ..b .�. C7 Nr 1 1.,1 Y"V 2�r3a• ��J(( ..�. \ LOT 7,4665.F. LOT 8,883 S.F. 1 / .dJ' q '..Z' .L ...- -�gb0•_. /. \ [ g y /. L0T7 8,2775.F. LOT °.153 S.F. LOT7 9,6425 F. / tea,• r 'c"e11' 32 1903 y 71"' I, 'E /+y�6� : 111.65' .,Hz•__. + ^ LOT 7 8,639 S.F. LOT 8 8,153 S.F. LOT 8 7,402 S F .� - \\a */' " + 4' 47 26.97 280 aY Na L &1 1 `I? .., LOT8 10,709 S.F LOT B 9 716 S F. I 0' ii _ 71 e ,' Z LOTS 8.153 S.F. L0T9 8,455SF . N. 1 'S 73. 357 57•' 0 n 0 ql ':£'. \''' S1 wa., \ \ • LOTS 9,899 S.F.: LOTS 10,9975E LOT 10 8,153 S.F LOT 10 6,749 S.F 7,.e'o y .15,' ! Vs►g/ 00 7& _ ' h1 .. ` LOT 10 10,544 S.F LOT 70 11,034 S.F LOT 11 7,396 S.F. 1' // \''' 7'O hn' .. v•, �•i, 66. ray 31.4" 76 4 /4 11633' - LOT it 96155.F. �, 0/ - 9737 IF :,N 500 t.e l':4 145.7 LOT 11 9 418 S.F.5FLOT 12 7,150 S.F. LOT 12 9 723 S.F. LOT 13 7,854 S.F :V. TOIP♦ $ y ' �' - £'� --% Q -,, SSI LOT 12 89285.E .I.V. /: 4nllo '.[ h s.4' Ny 6 p - /L� i 1, - 1 I -;'..:. am f \\ 7 LOT 13 10 126 S.F LOT 13 9 425 S.F. LOT 14 7.4GJ S.F. / `♦y�,]�. . ,_ '10- .� 1 Y _ .'. $ " g I�. i� LOT 14 101175.E LOT 15 7,150 S.F. // / j ! \",T,T7C 41-6...10,,, ♦ o .750°. 69 14500 Nli: 14600 - I 1 A LOT 14 12,024 S.F h1 5' '�?♦ 99 'b 7500' g LOT i6 10,383 S.F LOT 15 8 074 S.F. LOT 18----LOT 17 8506 S.F. ,. G/ 11 - 79 1 7552' 4.99' `L 0 • e N'en • LOT 15 98405E �� LOT 16 8 ,500 S.F. / -,[\ 166. ; h 25 R 29 0J! g 1 LOT 16._82505.F. 3496 SF 1 :: hq 60 11,84• 576.=4. H H Ill o �, 17<-. I N LOT 17 88185.E / ,-- 30• 0 9 6 11316' m 10718 9,062 S.F. LOT 17 8,250 S.F. Loi 79 12,432 S F \� [ 56�- �' h S-��w� -• 17717 veh ^I L, e,;,meT;,, 4 LOT 18 11,592 5.F LOT 20 10,910 SF //': �5' ` r �,'..45 2 \6 \71:: '4� h I 1''ii I I^ • LOT 19 10288 S.F 9 ^-1 -6sC8 > DETENTION 1n �I n' ' se v LOT 19 9,12558 S.F LOT 21 14,768 S F ,rte /ti ! 1116 ' c\ •qj y 65 Y y '�' LOT 20 9,732 S.F. LOT 20 9 094 S F. LOT 22 11 478 S F �7 • 4 ��e6.,4'1 ` : a' r $ �e `�9 bo!,/ 19 �;}, AREA +. P y '"" AMENITY CENTER I a • LOT 21 8.944 S.F. - f � '�• ^ 7/ I^ LOT 21 8891 SF; LOT 23 90335.F. ^ o 8 0 • • 118 `I ,4, I '� LOT 22 8,427 S.F. '' Jj• :',1A L" 36 I 4 7' 1., LOT 24 7619 SF8,21 9 B! a• 1 s.K, . LOT 23 8,230 S.F. LOT 22 8025 S.F. OPEN army 3 65pa �,..•ryh \ o 6t .$•a 12 LOT 23 10,5745.E L07254 7.61595.F. 'qa -L ..51` ?o. I • LOT 24 8,115 S.F. LOT 26 7,947 S.F. ` 71315 6[(0° 19 ,o� ,e 11.9.,:: _ 3881 _ LOT 25 8,1155.F. LOT 24 10,849 S.F / / SPACE ' 6 _ - a M1 ' ' W [ . • 11, E LOT 27 8,127 S.F .>,, w N� t tj`' DETENTION ,I T LOT 28 8,230 S.F. LOT 25 11,5355E LOT 28 9,542 S.F. 1 1: 'a 'b`!; ea d s LOT 26 8,190 S F! i 362.55' r 3 ��-. LOT 27 8,230 S.F. LOT 29 9.942 S.F. w t{g\9 .„ � 1 11 �' LOT28 7,212 S.F. LOT 27 9,433SF LOT 30 8,728 S.F. ' 65.00' 65,00' 65.00' 75.63' 9/,90' mom $ 6502 x.73/. \ M1H 1� �[ LOT 29 7,150 SF. LOT 28 10,826 S.F LOT 31 10450 S.F ;' .q,,,s 1 LOT 30 8,113 S.F. LOT 29 79,866 1505.F. LOC OT 33 11.845B F ''P P r,_p ;o• �,,A° o. .1'. Ql, 119?7 �'.-1 y�� y ',''''''''S.4. belingOT u , G / 1 /' LOT 31 8,483 S.F. LOT 30 71505.F. LOT 33 9,392 S.F.: •1 4 $ ',,-8. .,4 A '�,. w. 111 LOT35 8,197 SF. LOT31 7,150 S.F. LOT 34 10687SF 1� is R 1 ,{. 66 NI. „ 1 _ yd 5g 177°9 ,7j %/ $ X y^I • LOT 35 7.618 5.F. I \ 00' 6500 ,332 t'BQ f1,^ h / 4111 LOT 36 7,929 S.F. LOT 32 8.054 S.F. - , _. ', KO LOT 37 8,250 S.F. LOT 33 82375,F. LOT 36 7,434 S.F: ',..,;,,o.,815:0° .-±5'... L` sJs \6 'q1- 38.81 ti 141 NO LOT 38 8,250 S.F. LOT 34 8597 S.F. LOT 37 14.348 S.F - IJ - )00.99' -,29.5/ ` / , "10 .�, % \ a BGRAPHIC E LOT 39 7,150 S.F. LOT 38 10,9505.E N8819754E / 60 \\� 4n. `/`� w�H '^^ '$• / SCALE LOT 35 9 884 S.F. LOT 39 9085 S.F. L' �_ h N A 1 LOT 36 9,884 S.F. \ 0768 o a LOT 40 7,150 S.F. '..i 26.686600' 6600' 66°° 7 8i ..„‘.:,... ,:‘,::;„6, , fi .� w LOT 37 10571 S.F LOT41 7150 S.F. 1 .' p%.::.;. g..,;.,£?D 8.,.[) '\ \°io'}. 1111 .. ...1 m-ee 9785' G9 60.41 6\, �!♦ht , '',pa, � N..15, m IN FEET100 IL LOT 38 10,171 S.F LOT 42 7,1505.F. :1 yr �. _ LOT 39 9,809 S.F. o �. A. 10�.., ' A -�� `•o 1 Inch LOT 40 8,463 S.F. `._� �. ,..�" \ 11270 try $ h0 91 ! .. t \ @ 1\a LOT 47 7,925 S.F. 1 :9- o.. M1 7217) '..\ `'•c, 'mss / /. LOT 42 7,281 S.F. 110.40 6500' \ ' 0. L jJ - ... 4S li 5 T. W- 00/\! 4S/ 11' 'J'74,› \ 1\s., -' Ory/ 4,/ / LOT 43 7,150 S.F. 11 61 r 1 h 6 L': ., .. 1h ■ 959 -. 15' \ 1 6/ 5 8 �a �� \ .. / CURVETABLE LOT 44 7.150 S.F. :.1 1 .' _ •r' - P 6-6;R- t...�: -2....!' 11246' m ^I'0 A T z� bq LOT 45-- 7,194 S.F. 'w�' "d, - '''o 0,0:j, v 41 : - orb 16 1� 'L 0 4:•R .� ;. 1\D;�..d, ?I\ �. 4,../. Fg CURVE LENGTH RADIUS CHORD CHORD BEARING CURVE LENGTH RADIUS CHORD CHORD BEARING y c g 5 O (•7T�P.� ! \ ? Cl 53,71 100.00 53.07 S72'33'14'W 038 158.37 22500 155.12 058.21'07'E LOT 46 7,707 S.F. It $ m I N - 1. yy ., ;; 5 Wry \� 261 / h pIJ / 10 CO 332,98 725.00 330.06 655'08'42'E C39 186,79 225.00 8L47 N54'44'03'V l ::i.. A b LOT 47 9,091 S.F. ♦ �� I..e;�i;r. -.V481-••' 8600"-"63:00' '131.78' � .° DETENTION ,j"^ I � Pry h \ \ / C3 35134 42500 341.42 S88'11'18'9 C40 127.92 525.00 127.60 SOB'13'07'E • ° y naoD eoa• ,o ,9 yP %•:S.'',nq` `♦ �!', \b G. . - AREA / I. c' 26'93 _ :' ..j.'1TE '0/ 6 1 / '�� / C4 214.93 575.00 213.68 S78'30'13'E C41 65,33 325.00 65,22 N89'48'36'E '1 1 ' w/ s q Qy j �6/ 4R./..'. r /,b J1�c CS 6848 45.00 62.06 548.35'53'\4 C42 428.10 46500 413 9 N82'35'13'W 9 y'40 �•/` % 11�'I: 110.00' 19, 51' h1' ♦ CO 7058 45.00 63.56 N47'OS'S4'V C43 16231 525.00 16166 N44.29'02'E JAV4- !•6500 �`.5.00'- ° 'O nt ,,04T• : / /y{97 p '/ •'- :1 '1 \/ 1 / C7 65.10 45.00 59.57 547.23'17'\4 C44 38188 27500 35193 503'07'23'4 ''7' F ''.....7 Cr R. N B s$ /// �! /\ / `. 08 70.69 45.00 63.64 542.58'17.V 045 697.79 675.00 667.13 568.57'10T • 1 09 75.44 10000 73.66 567'09'03'4 146 136.92 325.00 135.91 562'43'35'00 $ I / 1 {, 10 AI / 6h Y\ � CIO 76.71 100.00 74.84 320.44'15'\4 C47 121.48 22500 120.01 324.02'04.E 9 V S' / Q` 11600' �� , t 1, / .� ' 1 1 ./ ,Ky WI ''-� , �// ///ue1 T� '+- �:'/ `i • C11 70.69 45.00 63.64 363.23'09.E C48 58.28 525,00 58.25 338.48'26.W 7 � -)k., k\,.. %-".....',,•:.- ,'•- •JO J 117.14 y I/ 9�9 44., y '/ 4b. \� 7 C12 24496 52500 242.75 341.09'07'E 049 349.82 225.00 315.64 38726'47.W • 1 I --681' \ $ ° 'I �o 4i , .::'N0.:. yOT R' / f . 013 8278 200,00 82.19 N50.21'28.0 C50 158.05 225.00 154.82 530.32'19.V 9' 0 /0. ! / 08'8'19'9 C51 96,65 225.00 95.91 N78'55'56'14 ♦ „:'1°. 6 • 1p --L.._ "' /; • C14 286,94 173.00 25586 N 2 { N .. g2.10 1 to ar{10°0' 2d J_ �I I: ?2.� ,,/bh &- 1y >%Q$" ryq / 015 94.21 32300 93.88 N48'43'08'E C52 177,70 525.00 176.86 614.40'43'V "' 1 0. 66, 6.331 ..51'' 30'-o" m 71005' 11600' •• `46/4� y9 60 / / 016 2488 32500 24.87 630013'1850 C53 182.99 175.00 174.77 551'10'55'00 �' m u 15. q/ .%', •'9, 1n - 017 01.32 525.00 81.24 N32'13'19'V 054 156920 575.00 1125.62 N36'11'36'V N1640 T - m 1 / 11r ryo '- •• C18 55.13 425.00 55.09 051.43'42'E C55 1248.74 725.00 1100.01 562.21'16.E )119 81� .,:-:,:5.,1. 11. .1, u e':'0e•- v /g.' 'q7,;' S ,'h/ /� 019 271.12 325,00 263,33 N74'23'52'E C56 162.45 600.00 16L96 N73'22'52'E • , ,�'' 55'1 `\\ J �n 42, o "+./ �q.� �,• 6.' 6 55/ /. 020 192.37 523.00 191.30 57I'12'23'E C57 1027.01 625.00 915.30 534'03'48'\4 y-' �' C2L 74.13 225,00 73,79 670.08'50"J C58 355.90 225.00 319.94 546.33'12'V SITE LOCATION MAP .77- •A\ 1109 a..:.!•',:..,,...,1\-, L 8 -} {1;, j 119 9 \ o p0 / 40/ 4 /; g27 124,1' BB c s' 11 �0 q1 :/ h1'/ C22 17290 225.00 168.59 N1729'S8'4 C59 67.34 225.00 67.09 S09.48'43'C E05 E I f 109 ', � C4\ 06/ 1.'4'1: '' 0' '''''/ C23 97.19 250.00 96.58 883'49'16'5/ C80 100.62 325.00 10522 096'41'58'V \ N74� 'r, :':.fiS' b, 1 " 124 ]0166 300,00 101.18 573'19'59'\4 161 176.65 223.00 172.11 671'51'59'E , IIIIIIII , \ y`1` �' `9 0 11 67.21;. m.D m c70 '� X1{70 0 ,- • 5 .....,4b\ a ' / ')n" C25 38.58 300.00 38.55 SOS'44'33'E C62 36.60 225.00 36.56 589'41'54'4 ` / C26 429.51 225.00 367.20 N3722'15'V C63 108.47 525.00 10827 000.34'57'E • ■■-•, _ •4, ,���,Q1111111• 'IN 1•pp / 11gp 15 R 1 151 m�.,D \ i {7' 4 ,,01 ,t!'•••,,. •' 127 57.68 225.00 57.52 NOS'17'10'E C64 155.43 325.00 .153.95 h07•ll'S8'E 4l •■• = •••1111111• \ , ti / .90• N(,7 J 1 �- 1 1..5 -. / C28 161.47 250.00 158.68 505.52'21'E 065 361.38 575.00 355.46 374•19'58'E I M. ���------111777imps U P"- \ \1 1 C29 79.41 325.00 79.21 N74.08.18'E C66 150.35 225.00 14757 N21.28'53•V :'V 401 4,011*IN e,,. ,.�,4%• �tog IINv$ \ ry5 6" 146 jY $ :•,. `N 1 .•;!,,,,::_ 116 93 a '�@5. ' ° 4 _e\ '. 6 // l� \5 / C30 145.75 57500 145.36 N4526'S8'V C67 256.33 235.00 243.81 S09.22'36'E • �,..'��� �'� -"} 08181. ,� '.. , }3 ,,, 1 ,pp• �' : /:. C31 221.15 250.00 214.01 527'22'12'E C68 85.98 200,00 85.32 534'11'12'\4 OW,- '4 e6 >i' FUTURE COMMERCIAL C32 197.95 700,00 197.29 N16.57'48'V C69 233.28 365.00 229.33 N16.42'17.I,/ ... •, pq ek 'I ry o"''' 5915' 59.38. it �'• • 5 '� /' C33 163.08 225.00 159.53 560'22'25'W C70 192.24 210.00 185.60 N20.16'36'E =� �o ' �•1//f J\ b• 1d 863' pj ..g "- ' o do-.451' 4If°/ �� ", g1y£a f/. / _ r 1 .,,+ T C34 35.78 300.00 35.76 NB4'33'I7'E C71 203.24 325.00 201.85 373.04'37'V =• 1,,00,48 lT� :„ .-•,..../ ♦ 61' 4 $ DETENTION .• C35 239.77 600.00 238.17 S13'36'59'E C72 354.92 275.00 33020 538'00'43'\4 = m11,44/�Y/�,'.'w. i u,•.•4111 ri Y) = \ 1 6 h AREA C36 75.74 635.00 75.69 005.26'43'E C73 366.26 400.00 353.60 N10.09'23•V Sj _ 0 :,°Z.. D' 037 96.27 575.00 96.16 676.20'29'E C74 102.56 400.00 102.28 029.02'34'C sae, 44,77. -la 11 5 ma I k a 'rmf be ��'g' `�/Q/ \ \ fie. N .6 01 • 5 0,;:"::::::iviw /�,L• • \ h am. A. 5698 / - CENTERLINE PRELIMINARY P.LID. PLAT I�► . �.�Omas a • '. \. ... ��. / s f\EIG4 BORHOODS NO. 4. 5 9 IP . ;`, �` is ,,```,,, \J • \ ...�/ L• -- RIGHTDOF WADY LINE /DEL LLINOIS E •IIi�� ��I • .'' ..... �� \ 7h �'�60.39'. 4, e� / ••I��� IIS ...._.r-� \ EL WEA YORKVILLE 4II1 I ' f ,,19s\ _ - h; LOT LINERY E 1I/11 11I II ? - -7V-----------7:- 64.2 ..•� N 7: //•fir ( \ BUILDING SETBACK LINE RENSIONS OWN BY: INT: DATE: PROJECT NO. u f�je I. JOS 09/02/05 JGS 08/23/05 040710 �-` - -_. -.. -.. - EASEMENT LINE 2. OSN BY: INT: HORIZ SCALE SHEET NO. 3. PJH 7'=100' 4. CHK BY: INT: VERT SCALE: 11 5.j PJH N/A I PRELIMINARY P. U . D. P LAT SMITH ENGINEERING CONSULTANTS, INC. CIVIL/STRUCTURAL r1,. mBlB.eeB4wm RNGINAOU: RraS AND SURVEYORS 769 JOHN 6l]R L•J) DEL WEBBYORK� ILLTH 606 ...i.PH: mBa 019e-T 846 r1c1ENHml0xadnemlvg.mm •Y0BRm18 nTT40IS PROFESSIONAL DESIGN #184-000108 ® COMP.RLE: 040710-pre-platcrg PROPOSED ZONING - R-3 P.U.D. PLOT FILE:STANDAR° NEW 040710-1Z • SITE LOCATION MAP 911 .„�, T 111111$.ip ,. ..45:56.--...7 � �'t10 %.-..-t4,, e�,-'.� 'w u Ioup.. ♦♦If QD••• 144 1111 .. 17 'OB 'd " • VIII• ♦ 14,•# • limy. ry .`i�`zu ti`. o� 66 4 ��.1 ���� � 111/1111.� "41Y. s a es- 4:11*- 61. BVH NO, 8 'a t' Iii% :AU-7-•7..••��i • H ' 011.9 . 11296" OT AREAS ^O k Nry 1 £:. g y ry� LOT2 5.7926.F. \�� 0\.., � �I 1j 31 • h /J696' Oil 6,355E � \\ \\ ...,ii, LOT 8,7456F. ,`., //III. ,�I,\\•I II000' '1 //, LOT 03065.F. •C1/ •/ I a 2 8 SAvg/•'' 0 0 1 LOT 12.763 S.F �I,/,/IIUII%1Sj ��‘i,�''� IF ;, v. f �4�• Ail ^. : LOT7 6,837 S.F. //IIIIIIII ,� fit 710.00' PI 3775.46 _'L•s'/• F�J9^'// /�' LOT9 7.0LOT 8 51S.f. 11 ////01 1 17188'4542 E L- LOT10 5.676SF. O 1n 1!0.00' q 8645., -Jy"y / LOT11 ..5765.F. P :.0^"i: Pi 4B• 6J)- \ 'Y 10711 5,576 S.F. 2. C 0 LOT 12 5.576 S.F. +4: -25/R... '''1�9 '''F q LOT 13 6.5005.F. U 11000' P Z :, 2 JO' 1't t70 00 Q '�-/v LOT 15 5.503 03 SS F. O = 11000" :' .j J• LOT 15 5976 S.F. g - g`-JO ‘.',:i2 o :'1 LOT 16 5500 S.F. 11000' LOT 17 5576 F. a all 110.00' g , / LOT 18 5.5005.5 p '- p LOT19 5505F. 1 Q B .' LOT2055WSF. U: 1/000' O 1 I LOT21 s5765F PI R. /1000' 1• I '. LOT 22 55765E LOT 23 5576Sr Z U 11000' 1 C LOT 24 55W5F- CCp R. 'ry LOT 25 _5005 F. g Y 71000" •:lm LOT26 71505 F. N wI' I 1,'1:1:1. ' b I [. LOT27 6047 S F. 11000 P m 81 '0 ` LOT 26 11.5226.F g1 0.-..4 //DOD: LOT 29 15.9325.F y� I,- LOT 30 6.522 S11,2os.F. rn nm,' 1,,./„ .$P Ir-- or31 n.zesF O o .`:::;,, 22 110.00' LOT 32 6,016 S.F.. 1 LOT 33 11.8015.E m 411.H 110.00 4 " ' LOT34 1461 S.F. 0 g pa w O : .� I �U L0136 5500 5 F. C 1000' LOT 35 5,576 S.F. U 1v1 LOT 37 5576 S.F. fND 110.00 , a� O LOT 36 6.503 S.F. 01 6 Too ' �, LOT 39 5,5WSF. 0V �? I LOT 40 5.5765.F. ''''W'',...: p m- LOT 41 5.576 S.F. W m 110.00' O 1 11:: .. g 2:,1 LOT 42 5,503 5.F. ,`: o0 0 170.00' LOT 43 5,5C05.F. .4 m- 1 1 LOT 44 5.5765 F. 110100' 1l o ='%'.7 P 1, • LOT45 5.5035.F. 4 ' • - 10 LOT46 5.503 S.F. o0. :'1:'.:.• g1 �' 110.00' , LOT47 5.767 S.F. 0 110.00' I P '' a'• A • g LOT 4B 8,531 S.F. • I� $ g %;%ii� $ 110.00' ^% 0 110.00' P JO a s a 8 -1 1 I,4 2 21 . 7101°°' LOT 137 1:? oU 110.00' P I 1g `;%.::: IF 8 L.... 2. JO' `. 110.00' g • 3J Jj :. 110.00' w 1 1 ro ':n 2 1 I , Z.4-7, 770 00" • 25 8 ' ►- 110.72 1 9 v, (7676 0 _t r 4 u„._,..,-...0,92....1 • N ,203, *Z. a`- - 2,1 51 6 ^a � N71.}6 8 6 4' ".....2,.i.;-1011 1}5 ` _' 1 :0504:.•_ 4' � v 10r1 CURVE TABLE r L - CENTERLINE 10 1?„j- -L 0. N - w 7'�4 _CURVE LENGTH RADIUS CHORD CHORD BEARING C URVE LENGTH RADIUS CHORD CHORD BEARING_ W ;JD) E 150 ,0/ '.'78.6 5 yl�`j \,' CI 5371 100.00 53.07 572.33'14'V C38 15037 225.00 255.12 558'21'07'E \\_ BOUNDARY LINE .-,. 01. -___ - • C2 332.98 725.00 33006 565'OB'42'E C39 186.79 225.00 181.47 N54.44'03'V "'',$ '.5 c• .;y�:.., 5,91' • C3 351.34 425.00 341.42 388.11'18'W C40 127.92 52500 127.60 000'13'07'E RIGHT OF WAY LINE ..'1, - 51.3466 • C4 214.93 575.00 213.68 S7B'50'13'E C41 65.33 325.00 65,22 N89.48'36'E Iy .?$ ti60.,,i' • CS 68.48 45.00 62.06 143.55'55'W 142 428.10 465.00 413.14 N82.35'13'V LOT LINE "" �719149i C6 70.58 45.00 63.56 447'05'54'W C43 162.31 525.00 161.66 N44.29'02'E 410' C7 65.10 45.00 5957 447'23'25'W C44 381.88 275.00 351.93 50357'23.W BUILDING SETBACK LINE 41' ' 05- 6-S 0'Al A•• C8 70.69 45.00 63.64 042'58'17'V C45 697,79 675.00 667,13 868.57'IO868.57'10TS C9 75.44 100.00 73.66 167.09'03'W C46 136.92 325,00 13091 562'43'55'V �T4-0- 68 4 CIO 76,71 100.00 74.84 820.44'15'V C47 121.48 225.00 12001 824.02'04'E EASEMENT LINE DETENTION 64 C11 70.69 45.00 63.64 863.23'09'E C48 58.28 525.00 58.25 838.48'26'V GRAPHIC SCALE . C12 244,96 525.00 24275 341'09'07'E C49 349.82 225.00 315.64 587.26'47'V AREA 113 82.78 200.00 82.19 N50'21'267E C50 158.05 22500 154.82 830'32'19'W _, 0 33 ,00 100 .00 C14 286.94 175.00 25086 1108.2819'W C51 96.65 225.00 95.91 N78.55'56'V - NS - C15 94.21 325.00 93.88 N48.43'08'E C52 177.70 525.00 176.86 N14.40,43.,./ - NS. _ 7. ANNOTA LION ABBREVIATIONS- Nora`S C16, 24,88 325.00 24.87 N38•l3'18'E C53 182.99 175.00 174.77 S51•10'S5'V C17 81.32 525.00 81.24 N32.13'19'W C54 1569.20 575.00 1125.62 113611'3678 (M FEET) B.S.L. - BUILDING SETBACK LINE C18 55.13 425.00 5509 851'43'42'E C55 1248.74 725,00 110001 862'21'16'E 1 inch= 100 IL POB = POINT OF BEGINNING 119 271.12 325.00 263.33 N74.23'52'E C56 162.45 600.00 161.96 N73'22'52'E POC=POINT OF COMMENCEMENT C20 192.37 525.00 191.30 571.12'23•E C57 1027.01 625.00 915.30 534.03'48'v P.U. &D.E. =PUBLIC UTILITY&DRAINAGE EASEMENT C21 74.13 225.00 73.79 N70.08'50'V C58 355.90 225.00 319.94 846'33'12'W S.W.M. = STORM WATER MANAGEMENT C22 172.80 225.00 168.59 N17.29'58'W C59 67.34 22500 67.09 509.48'43•E PRELIMINARY P.UA. PLAT • T.A.E. = TEMPORARY ACCESS EASEMENT CO3 97.19 050.00 96.58 NB3•a9'l6•v C60 10°62 325.00 10022 se6•al'se•v /�� Ip ry I- L.E. =LANDSCAPE EASEMENT C24 101.66 300,00 101.18 57559'59'V C61 176.65 22500 17014 N7P51'S9•E NEIGI-130121NO. 8 - H.O.A. - HOMEOWNER'S ASSOCIATION C26 38.58 300.00 38.55 505.44'33'E C62 3860 225.00 36.56 809'44'54'8 2. THIS PROPERTY IS PROPOSED TO BE W7TH/N THE CORPORA7E LIMITS OF THE UNITED CITY OF YORKNLLE. C27 429.51 225.00 367.20 N37.22'15'V C64 155.47 525.00 153.27 500.34'STE DEL WE88 YORKVILLE C28 57.67 250.00 58.6 N0517'20'E C65 36138 575.00 15546 74'19''SB E YORKVILLE, LLINOIS 3. DIMENSIONS ALONG CURVES ARE ARC DISTANCES UNLESS OTHERWISE N07E0. C29 79.47 355.00 179.28 N7458'18'E C65 350.35 575.00 347.57 N00 08'53'E C29 79.41 325.00 7921 N74.O9'18'E C66 150.35 225.00 14].5] N23.28'S3'V 4. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. C30 145.75 575.00 145.36 N45.26'S3'W C67 256.33 235.00 243.81 309'22,36'E -/ 1 5. EXISTING ZONING IS A-1 (KENDALL COUNTY) c31 22115 250.00 210.01 S27.22.12'E C68 85.98 200.00 85.32 534•fe12v REF.ISONS OWN BY: INT: DATE: PROJECT NO. C32 197,95 700.00 197.29 816.57'48•V C69 233.28 365.00 229.33 N16.42'l7'W 6. WETLAND STUDY TO BE REVIEWED BY CITY PRIOR TO FINAL ENGINEERING. C33 163.08 225.00 159.53 560.22.25.8 C70 192.24 21000 ' 185.60 N20'16'36•E 1- JCS 09/02/05 IGS 08/23/05 040710 C34 35.78 355.50 35.76 1494.33'17'E C71 20524 325.00 201.85 573.04'37'Y 2. OSN BY: INT: HORIZ SCALE: SHEET NO. 7, OPEN SPACE TO BE OWNED AND MAINTAINED BY HOMEOWNERS ASSOCIATION. C35 239.77 600.00 238.17 SI3'36'S9'E C72 354.92 275.00 330.80 518.00'43'V 3. PJH r=100' C36 75.74 635.00 75.69 S05.26'43'E C73 366.26 400.00 353.60 810'09'23'W 4, CHK BY: INT: VERT SCALE: 12 137 1 96.27 575.00 96.16 I N76.20'29•E I C79 102.56 I 400.00 I 102.28 029.02'34'E 5 PJH N/A I SMITH ENGINEERING CONSULTANTS, INC. CIVII./STNUCf7ENGINEERS AND SURVEYORS NI-I No. to P R E L I M I ISI A RY P. U . D. PLAT 76859 J6101 STRUT YO03-766,)157408 60760 -0 ING.711..com 116 650-60.9-7644 LOT AREAS `■ ..,..�b666�.6.np9...17 E-60 8.1116.33160111.1.668•06113 LOiI i.5009.F.: `•/ DEL W E B B - YO R K V I L L E • • r •YORKVIL E LOT .5.500 S.F. ILLINOIS PROFESSIONAL DESIGN FIRM 184-000106 1013 7.1195E TOT 6.093 SF: LEGEND ® •/ COMP,FILE' 040710-pre-pktdwg LOT 5.5005F. - CENTERLINE PROPOSED ZONING - R-3 P.U.D. PLOT FILE:STANDARD • N£W. 040770-1J Lor 7 56+5 S.F. CURVE TABLE \� h6/ 101El 6.422 S F LOT 6 6.191 S.F: BOUNDARY LINE CURVE LENGTH RADIUS CHORD CHORD BEARING CURVE LENGTH RADIUS CHORD CHORD BEARING .'39 LOT tO 4.!114.F.: Cl 53.71 100.00 53.07 S72.33'14'V C38 158.37 225.00 155.12 059'21'07'E :'/ gyp\ . . 4• LOT11 7.2186F_ -- RIGHT OF WAY UNE C2 33298 725.00 33006 1455'08'42'E C39 186.79 225.00 161.47 N54.44'03'V ,ply LOT 12 65545.F: C3 351.34 425.00 341.42 588.11'18'W C40 127.92 525.00 127,60 508'13'07'E N. / M1g /• • 10713 69125E •••1.,. .,>5/ NO. /5 LOT LINE C4 214.93 575.00 213,68 S78.50'13'2 C41 65.33 325.00 6522 N89.41E36T /' J LOT1t 56915 F:OTlS 83475F: 1.5 68.48 4500 62.06 S48'55'55'V C{2 428.10 465.00 41314 7482'35'13'( ,. LOT AREAS LOT 16 sew SF: BUILDING SETBACK LINE C6 70.58 45.00 63.56 947'0554'V C43 162.31 525.00 161.66 50307'02•E ••• .� 4 10417 757357. 07 65.10 4500 5957 N47.23'25'V C44 381.88 27500 35193 S03'0723'V 'kb. L0T1 Sym S.F. LOT 74 Sm25f- CB 7069 45.00 63.64 042'50'17'21 C45 697.79 675.00 667.13 S6B•57'l0'E ♦ p \ LOT2 05,643 905F. LOT19 7.5525E __ .._.. ..... ..._ ._.. EASEMENT LINf \'I \0 s 4 LOT4 6.915 S.F. C9 73.44 100.00 73.66 S67'09'03'V C46 136.92 325.00 13391 S62'43'33'V .•� `{p. L0T1 55015.F. LOT20•06793E CIO 76.71 100.00 74.84 520.44'15'V C47 121.48 225.00 120.01 024.02'04'E 0' LOT21 819757. • � la JO \\ LOTS 57 .F LOT 22 40257: CII 7069 45.00 63.64 S63'23'09'E C48 58.28 525.00 58.25 S38'48'26•V J !o.• ti.`b9 O, LOT8 e7a S.F. 012 244.96 525.00 242.75 041'09'07'0 C49 349.82 225.00 315.64 587.26'47'V &,,, • tor] ]an s.F. 0 LOT 23 86965E 1078 10690E LOT 21 85ss S.F. 013 82.78 200.00 82.19 N50'21'28'E C50 158,05 225.00 154.82 530'32'19W � . \\ �Ab• 8' �t 06•. � LOTS 9007 S.F. Lora cozeS F: LI4 286.94 17500 255.86 NOB'2B'19'V LSI 96.65 225.00 95.91 N78•55'56'V • ! \0' rj• LOT 10 0783 S.F. LOT. 5.500 S.F.: CIS 9421 325.00 93,88 7448.43'08•E C52 177.70 525.00 176.86 1414.40'43'V / '(1' m•\ ` �,/ •.2 • r•�: LOT tt a<3e s.F. LOT27 550057: C16 24.88 325.00 24.87 N3213'18'0 C53 182.99 175.00 174.77 S51'10'S5'V / / 1t' ' • p/ - \ h - Loi tz e,1e95 F. 60706 sSmSF X •i is LOT13 6503 S.F. C17 81.32 525.00 81.24 N32'1399'V C54 1569.20 575.00 1125.62 83611'31374 10129 5.500 S.F. �`/ i B i.) QC`b. @ 3• Lore LOn1 Sem S.F. LOT]0 5.50051 018 55.13 425,00 55.09 S51•43'42'E C55 1248.74 725.00 1100,01 562'21'16'E A� (11'P) �' \\0 •'w��' LOT tS 10054 i9t95.F: C19 271.12 325.00 263.33 1474'23'52'2 C56 162.45 600,00 161.96 973.22'52'2 0 9 { 16 t".5';'',- r0 j �J -+ L0118 45075.7. LOT 32 5882 S.F. C20 192.37 52500 19130 071.12'23.0 C57 1027.01 62500 91330 534.03'48'V \5 //� '� \p�/•pM1" .'1' l� '! xt,\ry7.� '4> Loi t> 6,5076E 10754 604061 C21 7413 225,00 73.79 97099050'V C58 355,90 225.00 319.94 N46'33'12'V 3 C Je LOT t8 552S.F. LOT31 6.135 SF. / A P. 9 \� �- �,'_ L0720 6937571 C22 172.80 225.00 168.59 N17.29'S8'V C59 67.34 225.00 67,09 509.48'43'2 � � .-"1 X4� / `� --^^ LOT35 0627S F: 'i i ? . >aY < 10121 88915 . C23 97.19 250.00 96,58 7475'09'9'V C60063 100.62 325.00 10022 S86'4I58'V / �o - b 'n,\ '''9'7.9.‘ 10121 AU S.F. LOT 36 55995.F: ,,}} / \ 0' 0, LOT 37 557167: ♦�♦ �6\ C24 10166 30000 101.18 575.19'59•V C61 176.65 225.00 172.14 N71.5159'E Y/ } 50- 4A b:. LOT 22 660.SF 44w.' S�� ♦ `l h / LOT 23 0.400 sF LOT 35 55426 F: ., \:. 4\- n C25 29.5 225,00 37.2 637'22' C62 38. 525.00 108272 500'34'57'V / �a1 4$.7 ,-)}1' `�\ M1Obo q'1. qq,,<♦\ \ \ p LOT 24 0226 LOT 39 5514 S F: �A\ V C267 429.51 225.00 367.20 637'22'15'V C63 108.47 525.00 S00'11'56'E ^,,,�/ - 60028 110526 LOT 40 11,576 S.F *- 7486 C27 57.68 225.00 57.52 N05'1790'E C64 155.43 325.00 153.95 N07•11'58'E �' N: 'Y' 4.0 71Q�I N LOT 29 .631 S. LOT 41 8.2465.F. lb* 3e '\ • C2B 161.47 250.00 15868 505.52'21'0 C65 361.38 575.00 35546 574'19'58'2 / 552 �' �/ / hp' B- '\ LOT 27 )8475.7 10142 6200 S.F. 55' 4'( •1 \ 4 `J• C29 79,41 325.00 7921 N74.08'18'E C66 150.35 225.00 147.57 N2108'53'V / d.1 11580 1.6 101 z6 e9R SF T0'.. TOT43 48713.E O• 131'• 50' \ C30 145,75 575.00 145.36 845'26'58•V C67 256.33 235.00 24381 509.22'36'2 / (� 00• 0 _ 100T30 ?515 S1 OT 44 5.567 S.F. \ 550.91 \\ \ / ip. -r / '4 ' .9j0:./ •r y 10�'� a "4�;L- .185E 10045 7.1595 F F/.1• Q C31 22115 250.00 21401 52722'12'2 C68 85.98 20000 85.32 S34'li'12'V p5 / , �-• 'o V • I2177' ua LOT 31 7.354 S.F LOT 48 6.8123.F. 5' Al --z. ,. p 9 C32 197,95 700.00 197.29 1416.57'48'V C69 23328 36500 229,33 906'42'17',8 ,, /.., 4 < ,:1301 h :. <-''';'-• ay-.:, \I' ry ':y LOT 32 50533E LOT47 5.9375.F. % 1t • 50' ;:.03 '/ 11 ea,,...• C33 163.08 225.00 159.53 560'22'25•V C70 19224 210.00 185.60 7420'16'36'2 .� / /:' 4)V b% 4/ :r• }g5i > I--.7'4'-49-0'.; 71la 7\ Lor 33 147!6 S.F • LOT 40 5,5006.1. 59' 91 02-"'' .0d 5+ '/ C34 35.78 300.00 35.76 N84'33'17'2 071 205.24 325.00 201.85 073'04'37'01 L�1/� • •� .,.•,. 0�AA '42 / � •' '� LOT. 77485.7 10148 5.737.F. 50' 50' 6' ` C35 239.77 60000 236.17 513.36'59.2 C72 354.92 275.00 33080 S1B•00'43'M /- M1' 1.1.4;.>:'• �' .'/ 7j4 , LOT 35 7.144 sF Lorin x.33151 ti A� \ � ill , ` 1 \M1 N h• 10036 73425.F. 1 51 \ C36 75.74 635.00 75.69 S05.26'43'0 C73 36626 400.00 353.60 N10'09'23'1/ J f�' !b ^3 10737 7,203 5.1 LOT. 10216 F. \0 50' .s LO E 55 JJJ / .; $ '� 00. - s 0 •'� 54 b y - tOT52 40455.F. f,b- '�r F)1 4/ \ C37 9627 57500 9E16 N76.20'29'E C74 10E56 400,00 10E28 029'02'34'2 O9 be/ /- `, �'' 50 1 p - '�' 157 LOT 53 49765 F. 6.0-66 00 3 kA \� !� '.:\ \ /o. 1� 4p �- •7 \'� > 'pA1 9 ��'0' rt h LOT 39 8 14.sF. LOT 54 762)6).: •JN > _ V - 50/ 50 15'' ''. /0.Y 9 Al.,.. C{I / 0 fI3• •h Rp•' 0' r 2 F LOT 53 028157. fi D ' '-i.:,;:. �Q • LOT 59 6919SF: .rtEA $ .,.'...,::.1.4°... .V'o 05 \ " :.: N. \ .. b $- , M1/ 0� \M1 ,15c:'. 50✓ /�,: >o ?' LOT 57 85966 F: 0 `: �' 3j / 0P" ''> \ , \ 55 .�� qA 6{5 0 50 `(9• �1 0 �, p� or 3 4707 S.F. -''po 'ty' \\ / 1 0 `�.•. 5 ' !`O' S' LOT. 10214 S.F LOT 58 .254 S.F. ' (O . 05 \M1 0' • LOT 15 ,O St s LOT. 78906 F. 13 ' ., q ?\mo- '. • 1 5 ‘..°00;0; 4 Lor 403 ez7e F LOT w : 5P� \A - `\ 0 °0 ,9. \ s / `tP r / O\ ,,g- bo,, mei :cP 00 47' LOT 47 6,70S.FF LOT. x221 S.F ?o > \o• a`. (@@Q��• 0 4., \ � 'mJ ro : 8 ,,,t..:...... J; \M1 �c1 �(1� 0 LOT 48 9.9x9 s.F. LOT 62 6.221 S.F h JAP, FSA Ag F \ l . .4 .. //� \ • '\? 1 �' :'T Q/ /�1 .. •f' Loi 49 'C s, 0. �p - .+<` a;:, •oy" \� . -.L� /7 . o 7 '.45, '50' Ls06 Vo',S1 -4,g,,. ,.. 500 .'b o, 43 q7. 0 7011 S.F. forQ 8221 Sf. i : F /9 .... ':3.- >.♦\�!♦ \� J .-...\ -J9._.� .... /.•B6. �_ \k...' fpO �Q6 41 �. \ry ;r•. !% ,�1 `J.. p LOT SO Od s.F. LOT& 8221 SF. "'''''\•!0/ � J\ • �' E LOT 51 5.500 S.F. LOT ss 6.221 s.F. °,ph/ b '50 ° 'LQ r z ` ,,, \, • \6 2A -. �. ` Vic• :�y ,6• •P'f LOT 5z 60767. 615 F. LOT 66 6.221 S.F. O '',1',, Cl •• ;. 1} a / \ • '`' \Xo- s/os. Loio\ •` ��_ I .\ 6a-..".77: \'N • oa.J9 / 745' ,162''•\"`•G• \M1 0dS p •'� 5\ Lors4 eia 56. Lor 61 sen s.E. y^' ?..^.. : /�/ 3i 7 :.dj 5 r '. ,� S. o \Q'� 9 Al '.� 00 5ry. 07' a: DETENTION LOT 66 6.221 S.F ,,,.y0 0 0• 93 >° \„',fS.`..0 �*.. ` ,X\0 co9• .....--_ --o\ - /.7-15'R - \ 78"R 52 ` p/ 50 Q7. 0 LOT 69 .231 S.F. IV - Il 5 :M' 4 p;. 43, . 1,.k '.t.. ._,,.s slog, _.,... I' (1' ,\ mr /',� "t°,/,' AREA LOT SS 95175/ LOT 70 6231 S.F: (p a 05 O �p' S a \� m OO •p ' 1'•�J pTCt /,.� .. .Lt LOT SG 39,057. v� 4„3 / "" . C, 'J.. 0 •o 5"09' 7183 110.00' 15 4, �n1 m ,,;:i.:.. •J 08 100156 554051 LOT)t 5 9915 F: 0.1 p vt ..:... ,, -,4:9 8( /fad, .)h'+3 '1�1/ ,oY,4 8709" 51.09' 51.09• 5220" pX 1\9� Y : �.• ' •Om LOT 50 6503 S.F. LOT. 79565F. :".1 i b p@`. \ O P m � v/r' . \ 4 ., 6 / 5YT Oy- �rL '�' Ir'•' \ �:•... JB C :.,8 1 �'. .7. V,'. / 50 50' qN LOT 90 4.5.F. LO...I 11.7363.E w 110 ^f i .ls� . 15r\ . ('::.Z./...... BC - \\ + O Q$1 iTi�'�'� J Fel, e. "4Y .'.?..'..4 __�V .? 111/// LOT 41 5507 5.F . LOT 11 6646 S.F.: L.' $ a' �. 1,', .-0,..,...., .!\ \7. `.. .. 0 ..$ .P .:A r g.. 110.00 1! .� j 47• LOT 6654sF. C . ;' y: JJ6-, 3? \5.✓. 'B' A [ O .::.Cn A "' l O FI , �.` \0 $_:,` `' d h ..,:O IOs95• 62 35506 SF. iyI7 .5 ., 4 o _ m LOT 63fifiS F: Q 'C - ate, "3 3.69' p.- Ce. 37 &:... O• ;.} 10 ..\ 5/// `> \ ^1", Lore. 4002 S./ LOT TI G,tG9 S.F. a .♦7'F OJ •601 \'1�,;:.; �/ 78..4 'Y C/ /�: 11.162 J 82" 2 L• - J. .. 860 0/ �.• 110.00' $ ',t 1 Q�., - \6072 w �$ +�,:',� 1� \9.' ;tl' 1.9Y s 1 J1000' $ �4 lk%se .. e m ( \ "'(((,,q "� 0 LOT 6s 650337. LOT re 6.220 S.F. h 9$ .,....,•...,...,..4. ;1° _ '< :$: oD QQ '' '' o 2,: `b 6075E lOT]9 913657: J 0'Sh ...:,:.. $ h r. 8 30 J X1 . 1 H .0 " // L= I 10 4 .. ;\ O Jj. LOT 67 >en S.F. 65206/: A 05. ;.4' }; 035, r Po• '94,7• SaSiJ I o 25.96174_27'.2 'P. 0 00 o 1 G\ `+� o •\h1 �c� $,o LOT 99 6.41467. LOTBt 6]515.F. 91 727,50' \ BS ,r0 5 44.474812$ Y: 117:'. ' 11.4 �11 5 LOT 88 0 030' [ 0 ,, 4,.' 15111-8----.---..1 \. \ \-. .0q,'', - '/' f:o- Vo'- \A A LOT 62 sens.Fi OD +'$' 1 $1 i/_ ssy > q �. s„,,,,..F„:ry' 0 56` DOD ,• .. &\ • .'6i s 0.9 s, o',. 'tiq .. Lor 70 5,303 5.1 LOT 63 6.1]7 SF: 2 ::oo 14414' 41!" a ,....• '471 3 Y K:. ..773 S0. .�- : 63.08 1 '4,J3-. U$ p0. 0o C 1 -i ' Y JO \ L0271 550 S.F. LOT. 6./51 SF: < h 045 y 579;1:5• S3. Y ey h /'+Sr. .58..50.53:.,..La..,. 6e.. L - �� ..., \35 154.. �d _6i 02� L-' -� '..403- - 'rb '` LOT 12 z.Sm S.F m 1 E 021 9 - '::0� 50:5 50:58-60,58. w 0 .. w\ 5 5 f - 'Y,. •1 Lor 73 5..5 F. LOT65 6.566 S.F.: �f �i ' 0.2 ' Cl' Z y '� `FO F o 8.4' F LOT 66 7.406 S.F: 1,55 1,,•N. 7 4' \403• \ , 9 .''...1; b. 11,0 O O1 .. IQ 'SD �m VY \\0' QJ. ' ' .� \'' 1161^ 3g i .�O 5 Gb� .� 1 o LOT 74 S 503 S F. LOT 57 8703 S.F. h 89'24' '4%"..;,,,,..,_ D �? ` a y • $ 0 $ / i�O \ LOT 73 5.503 S.F sores 7.300 S.F. IJZJS. ,,.cam e ob: :i1 ,1 3554:.6s ` '' .:; .d;1 m„ ..%:.:.!.."..:'. $ • ><� - .�1 \2� \ t?"' /".,.86. "� `1y 'o ��- LOT 7e 6500 S.F Ri ...2,:.?* ') V• ZS R ...6.4 \yBy. ? a .U. 6.T / ^ .. .1 10- 200.Q 'a, .-34`..,. 9,,,,, ..�- �J• 1:0.''T OT I7 9196.E Y`! LOT 09 a370 S.F. 6 51 \` ` -'- \ \•0115, 47' 4Ku, 4744' 5883. 103' ‘‘1121°,74."' ', 0 \ \ o DO LSL 0 S \- \\' RBS 77.7.17' Lor7e ].flees F. y/ ' ♦ �' .Cb, .6• JO N 4pf. 5870 '' mr,`�,9. w�- ..1\ LOTH 8 250 S.F. ..:... b' S' �< ( /,... Si? D $. 1tl , •r-. 1 LOT 9T 61'12 s.P. 99.38" / �7013g g3, .4'4,Qso 0.7• i.\�• 54 W'50 •• 5919', 7885.82 56,74' X54 0 \6 Al _ J ANN°- T, a'\ y\T.\nJ ': O \y1' 1G e;: `' -1 407 LOT 90 LOT 79 9744 s.F. LOr 52 4114 SF: Vii. 4'0'85 I� ..,4x•\•{7 ,!l�S .:' � ' • 50.00 5400' SO.Jfi"41.80' 74- \ 25•R a• \$ 'o� \'.a p 00 4�i', - C 24076E J0 FUTURE COMMERCIAL 0791 64246E LOT 93 75115.F: us-- O,y .,'I.;-..;',:-.- by X� `10 \ r „ ._$ _ 1y J -\. _ /::..c,`" N LOT 32 a>195.F. OT �L' " • 8 >... _. �. pp .47164 7)R o. 00 114 �y ._.�.. r LOT5! 6.1153.F: 50 l) 3' fly 4 .,r4J:d �BCe 1!y' :.•:e. O ,O 49 •.pp - `� 3•,: �'.D'+ �p�•�Qi. 1\6 J• \F \,,0 1... J F 1� ja.J \'X x54 J\ F. LOT 83 8,2995F. ' LOT. 5SOO S.F. 81' 12 ' k; O C + A M �,m P �'< ::9";.10/0::1',613:,,,,,,,, -''S 6 ,� 4,07S.F. 10006 55003.F.: 14. L V>.IJ'� Y \ °3 ....pa, 7A 81.7 ...[4 .. ..;� A bA- T 4 F \ Y pp C Y� T55/ \.lz 7 O 42• X 7 S o q yq, .. 1.2 s / 419 154 `a 2,. JB 81.LOT 57 5.50057: "C m J Vis: Q ?: 5 •'119 50.087. _-.. ,.�t,i I", f,;5 ` - 85'1 \3;'r `�`, .` \1 Y ';d j: - Lor 07 s2B sF.7?> J ., 4121 X°r '''\ c`a ac»'S4 .. ,`��1 mX a 11 \ \ ♦ 4i �-,o \ -., _ 8.. mLOT59 5.500 S.F.. '� I/4. ' <\/ 1 10701 1206 s.F. LOr9B 55655.7: `\ _ 41' h 1.70" ��5S.��. Y\� , 0 � �55_D4 - �z7.r .. / Q �♦ � c.. '.\� - \\ \Dm lt,,,,,,i(-14:°:, .;.,�' .1� ss4�• �'- �0- 9.72167. V Tb ��'4/2;1:� 68.26/ ". 6 ' J. O6 X+j , V� 702" 38 u LOT 69 03215ELLOT OT100 00025.F: �L / 0 `. LOT 096x02 Sr \� 709 Y ��9 G> 472 -� L- 60' ` ♦ 111 o - '4 •7446 J> Lor 90 736.aF. 10192 4110 S F. for 102 5.920 S.f \ .7j,47' \rysf0 48�8 .L>.., S8'2.'21- �.LI 17 9 0 LL�� .60 "'11.° 20 m .J� 6 \ Jl y6812': :6527 60741 40076E for 103 5507 s.E. \ ` ` W. pp '4797'2.4548 5000, 1.1 .L 91• 4r \t, "�-! '>. \ \ \t\ f 9045. N LOT 1. 5.5005.E �• '41 y 5000' 520• 1• \. i 9 Pa� :. \X :.q L rm 4842 s/. LDT 105 55005.E \`\ Jy yr'% 5400 1'j-5 .'. 1136 ,w 4+ 116.75 - `\ Ix 057 100106 S.Sm S.F. `(S, \• ' Y • , - ��. 1ti .T_ ',S1 by TT TB . 6707 F. 100107 5.9555.F. \ 47, cr a.';_ p •4.43•4i':37 4737 �17ru PYI \ \Jy,Y \, g LO 6 1629.F. 100109 5,955 S.F. \\ 5S , pp1\\',7.• eIL„ � \47��11�� \ k3 qtx 10'7' v 4515:4. LOT. 041 S.F. ••••...„,........:3.'19 '95) 4 �. " .. : 9 9 4.; /. '\ \' �6 1 ,p0, R4 ys 42.'-...1 .r ,.\ LOT 06 6Y195 F. LOT 110 886516.F.: \ \ ` 98.14'SQ 00' 50.00'5000' .»: •.5/, b 4.3 !1445 F.' .IS ..,i.._ 1U r S \,,.p �\ J f-..:1 151 8'/'�ems_ • LLOT 100 OOT 90 6»6 F. 5400' �'S F1 h U l 1# 4, , . '00\4T. / \ 6532•.F. o + 100111 650 S.F: 5000• 6I 6163 /1997 il- 1.'L Y: :, >> m r4." �- b• i9 •... \ w o \ `g 421,53• .0$ 54, O 14024' O oo• �' J0 \ 1•00107 D.vOS.F \1.d9. 54.,6' 6t�f 1588 J3 N q N X� 0 - 1137.7 W SITE LOCAT/ON MAP \ \\ 7 " I I ,� ur Ni\ 865 ,it ����T E 3T,G 565/ \`-. 10.M LO1sr. en 1322,V•4 ‘....96 12 , 12459' 4 J, 4 6 . • .. 74.„ m \\ :y'/ \5 I 0 w. e $ 1 0� �ry f0 I. � �` _ \`.............=•• _ 112.15 1 R35' )1439' :::-°' I 1 M1b �N ,$ 7 '0•:' .. �a- • ,I1 ��NIS �' �•�at At,X11111111' \\` ,\ 3�' :'� DETENTION `6 0• �" e ;'..9....', .o_.e°. On .v•����■D�r rb / AREA G 4 S itpum;go 1,1'.,;: g2:1 :IIII� \ \ „;a,•9s__. - .a4.. Ory �/ 7 13.E :.:,.. ba ;� •�4..t`D i'•UY•�---, :inlgi/I�O`�� , \ J 1° 50• S>>5.54.32' 07.15' bh GRAPHIC SCALE �• IIIA I► �1 • ---,-- `\ So , r,D- ••I, fil/��/tQ11e eV►� -111111 La, \ ` S /� - .m ' .-.In -moi 7 u��i \ J �� 10111 •,01 4 IP Tenho G� NOTES \ (�� = F/C TES 2 20'TO BE DEDICATED (IN FEET !III .1 ,,Q1I��. S. I II I. ANNOTATION ABBREVIA DONS- N736TO KENDALL COUNTY FOR R.O.W. I inch= 100 IL \ItA 2 �• iv. • ,,.,:I.II11111P BSL, =BUILDING SETBACK LINE sa 9 . \ 11 �� ���`�4®'`%% POB=POINT OF BEGINNING G4i-LA/w \ _ / `\, 4�Q� ���►0 �q,�� fj%Ir• POC=D.E. T PUBLIC OF EASEMENT Wi„..''378.041 Ike '..��� a\ ,i 4D \�� 3,9,,, PRELIMINARY P.U.D. PLAT 1 ,,,,,4„,„.......1 ....0.„.w,....,05�� S.W.M. - STORM WATER MANAGEMENT • »• ,,.4,...4.',,,,, �/d®`.RT2P#88&'- .$��n, �im.�dE,',/ L.£.T. E=LANDSCAPE EASEMENT EASEMENT NEIGN�RI-130R1NO. 3 0 y:ya.4:,,1,4W9 gdsd g 1`\�,;'942 .�' Yl/1 /• H.O.A. -=HOMEOWNER'S ASSOCIATION \\ DEL WEBB - YORKVILLE 'T4 y N•(hk, �s���/ 3. DIMENSIONS!S PROPERTY IS PROPOSED TO BE VW THIN THE CORPORATE LIMITS ALONG CURVES ARE ARC DISTANCES UNLESS 0 ERWISEOF THE NOTED.UNITED CITY OF YORKV]LLE. +a'Ea2snNc ROW \ YORKVILLE, ILLINOIS y •� /4.4'8/ 4. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. 'io;r ?� RENSKI9/ DWN BY: INT: DATE: PROJECT NO. -,..,,,4'.,•.;5:.:4 5. EXISTING ZONING IS A-1 (KENDALL COUNTY) I. JOS 09702/05 JGS 08/23/05 040710 "�-.......„........... 6. WETLAND STUDY TO BE REVIEWED BY CITY PRIOR TO FINAL ENGINEERING. 2. DEN BY: INT: HORIZ SCALE SHEET Na a. PJH 1"=100' 7. OPEN SPACE TO BE OWNED AND MAINTAINED BY HOMEOWNERS ASSOCIATION, 4. CHK BY: INT: VERT SCALE 13 5. PJH N/A PRELIMINARY P. U . D. PLAT SMITH ENGINEERING CONSULTANTS, INC" �. - CIYII•/STRUCTURAL ENGINEERS AND SURVEYORS 750-7 10®1 311@L9' �) EL WEBYORKVILLE 9s � Pll 890-869-1880 00 690-fi69-•BY .m!tDen�nae�.emn E-IW1: NmlLSmyinwrlq.rnm .•rROFE •HIESI.G .4 184II7.U•70L4 PROFESSIONAL DESIGN FIRM/ 184-000105 PROPOSED ZONING - R-3 P.U.D. COMP.BLE 040710-OET.dwgPLOT FILE:STANDARD VIEW 040710-14 • LIST OF ROADWAY VARIANCES PROPOSED DEL WEBB STANDARD YORKVILLE CITY STANDARD DUPLEX AREA. STANDARD ABBREVIATIONS' 46'R.O.W. 66'R.D.W. • 4'SIDEWALK!MOTH 5'SIDEWALK WIDTH B-EI-BACK TO BACK OF CURB TYPCIAL CUL-DE-SAC DETAIL LANDSCAPING NOTES, 45'MIN. CENTERLINE RADIUS(FOR EYEBROW INTERSECTIONS ONLY) 100'MIN. CENTERLINE RADIUS B.C. - BACK OF CURB B.O.C. - BACK OF CURB 3'PARKWAY MOTH 8'PARKWAY WIDTH EASEMENT DIMENSIONS ARE TYPICAL UNLESS OTHERWISE INDICATED 1. SLOPE OF THE PROPOSED DETENTION PONDS AND SWALES B.S.L. - BUILDING SETBACK UNE (SEE PLAT FOR EASEMENT/SETBACK DIMENSIONS) SHALL BE SEEDED MTH AN,DOT CLASS 3 SLOPE MIXTURE MOUNTABLE CURB&CUTTER(TYPE M3.12) BARRIER CURB&GUTTER(TYPE 86.12) C.B. - STORM CATCH BASIN C.E. - COMMONWEALTH EDISON CO. • 2. BOTTOM OF THE PROPOSED DETENTION PONDS AND SWALESD.E. -DRAINAGE EASEMENT PROPERTYSINGLE FAMILY AREA: SHALL BE SEEDED Wf7H AN/DOT CLASS 5B WETLAND FORBE-£-EDGE TO EDGE OF PAVEMENT LINE MIXTURE 60'R.O.W. 66'R.O.W. E.O.P. -EDGE OF PAVEMENT �. .,., 4'SIDEWALK WIDTH 5'SIDEWALK WIDTH E.O.S. - EDGE OF SHOULDER 3. PARKWAY TREES SHALL BE SPACED AT A DISTANCE NO 45'MIN. CENTERLINE RADIUS(FOR EYEBROW INTERSECTIONS ONLY) 100'MIN. CENTERLINE RADIUS E.P. - EDGE OF PAVEMENT R65'(TYP) GREATER THAN 50 FEET E.S. -EDGE OF SHOULDER 150"B.O.C. 4. TREES SHALL HAVE A MINIMUM SPACING OF 20 FEET FROM F1.8.T -FLARED END SECTION 1.8.T. - ILLINOIS BELL TELEPHONE CO. / (TYP) LIGHT POLES, TRAFFIC SIGNS, FIRE HYDRANTS AND ANY L.E. -LANDSCAPE EASEMENT OTHER SUCH ITEMS THAT MAY REQUIRE SIMILAR INTERVALS. M.H. - MANHOLE(TYPE SPECIFIED ON PLANS) "® R.C.M.E ROAD CONSTRUCTION&MAINTENANCE EASEMENT 5. ONLY APPROVED SHADE TREES MAY BE USED AS PARKWAY aa W. -RIGHT OF WAY B.SL TREES. S.R.L. - SEPTIC RESTRICTION LINE UTILITY NOTES, T.B.F. - TRENCH BACK FILL T.C. - TOP OF CURB 1.)PROPOSED WATER MAIN SIZING TO T.C.E. - TEMPORARY CONSTRUCTION EASEMENT R30' SINGLE-FAMIL7BE PROVIDED BY ENGINEERING T.0.8. - TOP OF BERM ENTERPRISES, INC - NOT TO SCALE SETBACK AND EASEMENT DETAIL MODELING OF WATERNCE SYSTEM IS U.EEC- UTILITY EASEMENT FINALIZED. SN- STRUCTURAL NUMBER ALL LOTS .9 4ALL HAVE 10.0 FOOT FG- FINISHED GRADE SINGLE-FAMILY FRGWL 10.0 FOOT ,"EAR AW 5 FOOT 2.)PROPOSED SANITARY SEWER T/F- TOP OF FOUNDATION TYPCIAL LOT DRAINAGE DETAIL SATE UT_ITY F, CRAP/AGE EASEMENTS ROUTINGTO BE FINALIZED WITH S.W.M. - STORM WATER MANAGEMENT YORKVIVILL£.BRISTOL SANITARY - (CROWN LOT) NOTES LNLESS OTT-'WISE NOTED DISTRICT AND THE CITY OF YORKVILLE EASEMENT DIMENSIONS ARE TYPICAL UNLESS OTHERWISE INDICATED I. EASEMENT DIMENSIONS ARE TYPICAL UNLESS OTHERWISE INDICATED (SEE PLAT FOR EASEMENT/SETBACK DIMENSIONS) 2. WHERE CITY STORM SEWERS, SANI TARY SEWERS OR WATER SY/v OL. LE"G�P I WERE CITY STORM SEWERS, SANITARY SEWERS, OR WATER MAINS ARE RUN MAINS ARE RUN ALONG SIDE LOT LINES, A MINIMUM 20 FOOT WIDE ALONG SIDE LOT LINES, A MIN. 20'WIDE D. &U.E SHALL BE PROVIDED (10 FEET EACH SIDE)UTILITY AND DRAINAGE EASEMENT SHALL BE EXISTING P20POSED UNLESS OTHERWISE NOTED.- PROVIDED. LOCAL RESIDENTIAL S/FCtI L/GNT/NG DETAIL PROPOSED REAR YARD STORM IO'D.&U.E. NOT TO SCALE SANITARY MANHOLE OO O SEWER WITH SUMP CONNECTION r1U'D�&UE - -� - -10'D�&UE STORM MANHOLE OO _i STORM CATCH BASIN/INLET 0 • T PHOTO-ELECTRIC CONTROL CATCH BASIN o - 5'0.&UE� I�7F1- 71- 5'D.&U.E� - SETBACK TORK x'2007 FLARED END SECTION D ► I I 20'REAR DRY WELL 0 • I I I I I I i I MIN. SIDE I I I I LINE I 4'-p• VALVE VAULT ® g �J SETBACK u BRACKET SPREAD FIRE HYDRANT v T f0'D.&U.E I & I I�LINE(TOTAL) '!1 5'B.SL III LIGHT POLEC 5'D.&UE. 1' STREET SIGN + I & -.-11-'-- ,I VARIES III 5'D.&U.E I I I 5'D.&U.E. LUMINARIES: GENERAL ELECTRIC REGULATORY SIGN T J LI VARIES 10'D.&U.E 10'D.&U.E. COMPANY NO. M2RR15S1N2AMS3F UTILITY POLE _ _ JI L _ _ _IL _JL __ _ _ __-- I L OR APPROVED EQUAL WITH A 1-i' UTILITY BOX ¢ - --- __ -257. _-_ SIDE MOUNT BUILT IN BALLAST a g 1i H 20'FRONT FITTED WITH GENERAL ELECTRIC MAILBOX d BRACKET MOUNTING IS ON COMPANY'LUCALOX'HIGH 5 SETBACK CORNER OF POLE NOT FLATS 3 O LINE d PRESSURE SODIUM LAMPS WELL C STREET $TAT LU15O/55/D, OR APPROVED SANITARY SEWER D -1 ,- PROPERTY 1_ PROPERTY _ EQUAL. WITH GE COMPANY ANSI LINE NOT TO SCALE LINE NOT TO SCALE MAX SPACING= 300' SPEC. 'S55"HIGH PRESSURE STORM SEWER -�- NOMINAL POLE DIA = 7 1/2- SODIUM, CULVERT L 1 . I AMERICAN DANT ARM WATER MAIN .- -• - G6NE7AL NOTES, TYPE III OR IV I. E, S CENTERCON MO-AD-8 NOT):•r7, B INTERSECTIONS STRESS/CRETE 188 WATER MAIN ENCASEMENT -4.w..//-77-,4‘,4- 1. v ,'iii, ,¢1. THIS PROPERTY IS PROPOSED TO BE WITHIN THE CORPORATE LIMITS OF THE TYPE II OTHERWISE OR APPROVED EQUAL SANITARY FORCE MAIN - T- • UNITED CITY OF YORKVILLE 1. SITE LIGHTING SHALL BE PER CITY OF YORK MLLE ORDINANCE OR APPROVED ALTERNATE. STORM UNDER DRAIN 2. THE SITE SHALL BE SERVICED WITH MUNICIPAL SEWER AND WATER. V 2. SITE SIGNAGE SHALL BE PER CITY OF YORKVILLE ORDINANCE OR STREET LIGHTS REQUIRE I ELECTRIC LINE £ 3. DETENTION BASINS ARE TO BE MAINTAINED BY SUBDIVISION ASSOCIATION. APPROVED ALTERNATE. OFINYORKVITIONLLE BY RHE CITY NO. 906- 19-A04 TELEPHONE LINE T OF PRIOR TO N0. 906-879-A04 AMI:RICAN 4. ALL SEDIMENTATION AND EROSION CONTROL REGULATIONS SHALL BE ADHERED TOTURN ON. CONCRETE POLE OR APPROVED • 3. ALL IMPROVEMENTS SHALL BE PER CITY OF YORK NUE GAS LINE C PER CITY OF YORKVILLE REQUIREMENTS ORDINANCE UNLESS VARIANCE IS REQUESTED OR INCLUDED EQUAL CABLE TV LINE C • • IN P.U.D. 19'-9" ti_i 5. NO DIMENSIONS SHALL BE ASSUMED BY SCALING. (TYP.) TREE LINE CZCCI 4. THE DEVELOPER SHALL BE RESPONSIBLE FOR THE I 6. GAS, ELECTRIC, TELEPHONE, AND CABLE TELEVISION SERVICES ARE RESTRICTED INTERCONNECT OF THE WATER MAIN WITH THE EXISTING TREE TO THE UTILITY EASEMENTS AND SHALL NOT BE PLACED IN THE ROAD RIGHT OF 16"WATER MAIN ON EAST SIDE OF IL RTE 47 AND WITH THE WAYS EXCEPT FOR THE CROSSING THEREOF WATER MAIN PROPOSED WITH THE WESTBURY VILLAGE DEVELOPMENT CONTOURS ON THE SOUTH SIDE OF GALENA ROAD, FENCE X 7. EASEMENTS WILL BE PROVIDED ON OPEN SPACE LOTS FOR DRAINAGE AND UTILITIES. 5. THE SIZING AND PROFILES OF SANITARY SEWER, STORM STONE RIP RAP E.V I:WV i'. 8. IL ROUTE 47 IMPROVEMENTS SHALL SE PER!DOT REQUIREMENTS. SEWER AND WATER MAIN SHALL BE DETERMINED DURING 9. GALENA ROAD IMPROVEMENTS SHALL BE PER KENDALL COUNTY REQUIREMENTS. THE FINAL PLAN STAGE. 3'-p• EROSION CONTROL FENCE 6. MINIMUM TOP OF FOUNDATION ELEVADON SHALL SE (QUANTITY SPECIFIEDI0. ROADWAY GEOMETRICS AND STRIPING TO BE PROVIDED AT FINAL ENGINEERING. p•_p• r• . • ESTABLISHED BASED ON MA/NTA/NINC A MINIMUM DRIVEWAY - MIN ON PLANS) ILj „/ 11. PARK SITES WILL BE DEVELOPED TO THE CITY'S PARK AND DEVELOPMENT SLOPE OF 2.0� 4» X 8 I DRAINAGE ARROW '�- • STANDARDS. Z ALL EXISTING FIELD TILES SHALL BE CONNECTED TO 100 YEAR OVERFLOW ROUTE PROPOSED STORM SEWERS TO MAINTAIN EXISTING DRAINAGE PATTERNS. FINISHED GRADE 12. COMMERCIAL AREA NOT INCLUDED IN P.U.D. B WETLAND STUDY TO BE REVIEWED BY CITY PRIOR TO FINAL ; ENGINEERING. -" ...... 1 PRELIMINARY P.U.D. PLAT • I DEL WEBB - YORKVILLE 1n 2 FINISHED GRADE YORKVILLE, LLINOIS 1 CRUSHED CA-5 LIMESTONE BACK REVISIONS OWN BY: INT: DATE: PROJECT NO. FILO 040770 I. kW 09-02-05 JGS 08/23/05 WATERED&COMPACTED AROUND THE BUTT OF THE POLE 2. DSN BY: INT: HORIZ SCALE: SHEET NO. Up}IT 3. PJH NONE A CHK BY: INT: VERT SCALE: 14 5. PJH , N/A PRELIMINARY P. U . D. P LAT SMITH ENGINEERING CONSULTANTS, INC,/ CIVD.ISTRUCfLJRAL ENGINEERS AND SURVEYORS 76I JOHN SOW TS YaRIt-Zis 01810W X060 ���� PR:496-669-'1610 PAY 69a-669-861! www..mALaryiw.e- - Z-YAQ20-053-7645 ine.mm •yc®1RY IIIIN9f.PY wY066Y0I8 ® NW E B C) R ic� I L� I E III.INOI3 PROFESSIONAL DESIGN PINtO# 184-000105�.I PROPOSED ZONING - R-3 P.U.D. COMP.FILL 040710-DET.dwgPLOT f7LE/STANDARD VIEW 040710-15 • 1 TYPICAL STREET CROSS SECTION - LOCAL ROADS - SINGLE FAMIL Y TYPICAL STREET CROSS SECTION - COLLECTOR ROAD STA TION° 200+00 TO 261+36 O.DRAINAGE Al 60'ROW -Irc 10'DRAINAGE &U16/TY EAS[ 3I 66'R.0 W, I'' 15' JO'B-6 - /5 r UTILITY EASE ~- T 6'(TYP.) TY E-E - [ 10'DRAINAGE 1 las' 3P'8-6 It VARIES _ 13.5' o r URIlTI'EASE IF1RE T. 6 MP) 4•aw.)rI' r um.Irr c.cr to'OR,vNarr 1 4 1.5r VARIES !' ir VARIES C Ir ¢ 6'(n'P) 36'E-E r VARIES mss'(a ' 4 ¢ 1.5 i 4' "I &VAR.Es 10' to' 6'mi..) If A HIDRANTI r1 2.00% 200% r FIRE ,� &VARIES 1 1 HYDRANT/ 8 200% 2.009, i I - - / Ij I O ® OOO©® I I I tJ WATER MAIN 0 SANITARY-O STORM-Q (TYP.) O SEWER SEWER 0 WATER MAIN 0 2 3 0 5 6 8 SANITARY o bbby STORM (TYP.) 0 O SEWER --9 SEWER-0 of (6 P.C THRUC. DDRVE WITH WITH ' EGAGREGA TE TE SUBBASE)SUBBASE ® 2.1/2'0.88 BITUMINOUS CONCRETE BINDER COURSE CL 1, MIXTURE BSP.C.C. S/DEWALK-5" WITH 2" AGGREGATE SUBBASE of (6' THRU DRIVE WITH 5"AGGREGATE SUBBASE) O 4-1/2'BITUMINOUS CONCRETE BINDER COURSE CL 1, MIXTURE B O COMB/NATION CONCRETE CURB&GUTTER, TYPE B-6.12 © 1.5'BITUMINOUS CONCRETE SURFACE COURSE CL 1, MIXTURE C SN= 0.60 O COMBINATION CONCRETE CURB&GUTTER, TYPE B-6.12 © 1.5"BITUMINOUS CONCRETE SURFACE COURSE CL 1, MIXTURE C 0 10"AGGREGATE BASE COURSE CA-6 CRUSHED STONE, TYPE B O 35"AGGREGATE BASE COURSE CA-6 CRUSHED STONE, TYPE B SN= 0.60 OR APPROVED EQUAL, SN = 1.30 OR APPROVED EQUAL O 72'AGGREGATE BASE COURSE CA-6 CRUSHED STONE, TYPE B O 7.5"AGGREGATE BASE COURSE CA-6 CRUSHED STONE, TYPE B OR APPROVED EQUAL, SN= 1.56 OR APPROVED EQUAL ® 0.25 GAL./S.Y. BITUMINOUS MATERIAL PRIME COAT(MIN.) ® AMOCO 4551 GEO TEXTILE FABRIC OR EQUAL (SQ. /D.) O4 0.25 GAL JS.Y. BITUM/NOUS MATERIAL PRIME COAT(MIN.) BO AMOCO 9557 CEO7EX17LE FABRIC OR EQUAL (SQ. YD.) E HOT POURED JOINT SEALER AT PAVEMENT-CURB JOINT TOTAL SN= 2.78 NOTE.. T/C= CL + 0.06' TOTAL SN =3.74 0 HOT POURED JOINT SEALER AT PAVEMENT-CURB JOINT LOCAL ROAD NOT TO SCALE DUPLEXTYPICAL STREET CROSS SECTION - MAIN ENTRANCES STATION! 100+00 TO 112+55 i STATION° 300+00 TO 3/1+22 10' 46'IR.O.W. ID' ID'DRAINAGE rcl e0 R.O.W. IP 10'DRAINAGE 2IL = &UTILITY EASE. 20.5'&VARIES 39'6-e&VARIES 205'r YAR/£$ &URIJ/Y EASE. 8' 30'B-B 8' N I ¢ 6'(TIP.) 36'E-E&VARIES a..- ( ) 1" 3' 13.5' 135' 4' h y1' 4' ¢ I.5' C • 1'I o-VARrts W W q( 10' 1.5', r(no.) It _4.P 25 I 2% 47._� ti HYDRANT! Li FIRE 2.00% 200% 0 Ai 0 ¢ O 15 WATER MAIN Q0 O O O O O SANITARY-0 STORM- 0 1$ 0 O D© © O © O g SEWER Q AMOCO 4551 GfOTEX71Lf FABRIC OR Eq JAL (SQ. YD.) O Al 3.12 CURB&GUTTER 7 P.C.C. SIDEWALK-5" WITH 2" AGGREGATE SUBBASE O 4-1/2"BITUMINOUS CONCRETE BINDER COURSE CL 7, MIXTURE B o (6" THRU DRIVE WITH 5"AGGREGATE SUBBASE SN= 1.58 0 70"AGGREGATE BASE COURSE CA-6 CRUSHED STONE, TYPE B 0 P.C.C. SIDEWALK-5"WITH 2" AGGREGATE SUBBASE OR APPROVED EQUAL, SN = 1.30 (6' THRU DRIVE 1447H 5"AGGREGATE SUBBASE) O COMBINATION CONCRETE CURB&GUTTER, TYPE B-6.12 O 1.5"BITUMINOUS CONCRETE SURFACE COURSE CL 1, MIXTURE C 03 2-1/2"BITUMINOUS CONCRETE BINDER COURSE CL 1, MIXTURE B QSN= 0.60 7 3.5"AGGREGATE BASE COURSE CA-6 CRUSHED STONE, TYPE B SN= 0.88 OR APPROVED EQUAL O 12"AGGREGATE BASE COURSE CA-6 CRUSHED STONE, TYPE B 0 75"AGGREGATE BASE COURSE CA-6 CRUSHED STONE, TYPE B OR APPROVED EQUAL, SN = 1.56 OR APPROVED EQUAL ® 1.5"BITUMINOUS CONCRETE SURFACE COURSE CL 1, MIXTURE C O 0.25 GAL./S.Y. 91TUM/NOUS MATERIAL PRIME COAT(MIN.) SN= 0.60 0 0.25 GAL/S Y.. BITUMINOUS MATERIAL PRIME COAT(M/N.) O AMOCO 4551 GEOTEXTLE FABRIC OR EQUAL (SQ. YD.) TOTAL SN= 2.78 O HOT POURED JOINT SEALER AT PAVEMENT-CURB JOINT NOTE: T/C =CL + 0.06' TOTAL SN=3.74 O9 HOT POURED JOINT SEALER AT PAVEMENT-CURB JOINT CITY OF YORKVILLE R-3 PROPOSED DEL WEBB RESIDENTIAL PROPOSED DEL WEBB RESIDENTIAL CITY OF YORKVILLE R-3 PROPOSED DEL WEBB RESIDENTIAL RESIDENTIAL LOT STANDARDS: PREMIER LOT STANDARDS: CLASSIC LOT STANDARDS: RESIDENTIAL LOT STANDARDS: DUPLEX LOT STANDARDS: SINGLE FAMILY DETACHED •Typical Lot Width 65 •Typical Lot Width 50 SINGLE FAMILY ATTACHED •Typical Lot Width 78' •Typical Lot Depth 110' •Typical Lot Depth 110' •Typical Lot Depth 111' 'Four(4)off-street parking spaces will be •Typical Lot Width 70' •Typical Lot Width 90' provided with each single family lot.Each unit •Typical Lot DepthN/A •R.O.W.Width: 60' •R.O.W.Width: 60' •Typical Lot Depth N/A' •Pavement Width: 27'E-E OR 30 B-B (2)garage stalls and two(2) YP YP P will include two •Front Yard Setback: 20' ••Front Yard Setback: 20' ••Front Yard Setback*: 20' spaces in the driveway. •R.O.W.Width: 66' •Side Yard Setback: 5' (20'on corner lots) •Side Yard Setback 5' (20'on corner lots) •Pavement Width: 27'E-E OR 30 B-B •Side Yard Setback: 5 (10'on corner lots) •Front Yard Setback: 30' •Rear Yard Setback 20' •Rear Yard Setback: 20' •Front Yard Setback': 30' •Rear Yard Setback: 20' •Side Yard Setback: 10' (20'on corner lots) •Side Yard Setback: 10' (20'on corner lots) •Rear Yard Setback: 30' Minimum Lot Size:7,150 s.f. Minimum Lot Size:5,500 s.f. •Rear Yard Setback: 30' Minimum Lot Size:4,719 s.f. Average Lot Size:8,870 s.f. Average Lot Size:6,813 s.f. Average Lot Size:5,921 s.f. Minimum Lot Size:9,000 s.f. Minimum Lot Size:9,000 s.f. Note, single Lot Is 39' wide to conoare to ordinance 0 TYPICAL LOT DIAGRAM: double Lot Is shown TYPICAL LOT DIAGRAM: TYPICAL LOT DIAGRAM: TYPICAL LOT DIAGRAM: ea 7a t �- 80 85 BT Sa ' 75 2a µNI1a 1 -§Iµ7I I _ t r�P_I f b: t -- - mrl f nw./ib _ � - I s 1 <_ I I: I I I •' PRELIMINARY P.U.D. PLAT za s a s - I I N ! DELWEBS - YORKVILLE / b 'I N I - �!- ��� • YORKVILLE, ILLINOIS J J _--^_�R� - " _ - m - - m" - 1>"w1<..m„...a RENSONS MN BY: INT: DATE: PROJECT NO. *Note combined duplex lot average is 1. KIM 09-02-05 JCS 08/23/05 040710 2.. DSIV BY: INT: HORIZ SCALE: SHEET NO. \ \ 3. PJH NONE 4. CHK BY: INT: VERT SCALE 15 5. PJH N/A AREA INFORMATION SMITH ENGINEERING CONSULTANTS. INC. 760 ma 311636t TORWY32.6.W30363 00500 P05 630-663-7600 /133 030-663-7046 vwv.unitheneneeriog.0om 3-11411:eecOgnalthe000eerIn0.0001 •1433601Y •Ma= 0101UIVIIIS ILLINOIS PROFESSIONAL DESIGN MR, 184-000108 COMP.FILE 040710-AreaM<W4.0 PLOT FILE:STANDARD • I I NEW 24 4,36 L CEMETARY r ,R0,1EOT.---.. . --- :-, ,; l ,, z:',iii P'iR JEC1:: BAUMGARTNER, MARY -.1.'. 2./ • MURPPHY, JERRY & POLLY UNIT .302 SCHOOL DIST. :,,. -msrrE • <-: a ..... —-- -. . . is-wassmirm-mimmr. - ,- --s-moommirk lim•• IN =Immo i I man= .1 MI WEI ••• ••• , iC'1' 48888',l'E 2,e33.e• UNIT 115 SCHOOL DIST. imm.sy:.,i1.1-..-.?.:' ., :,1; A- • .,. , lifF I .;;,-- • -•-, .`.0w 5 r, 1 ''' ,; ... PROPOSED ZONING: R-2 . :-.„.. .: I - ; ..--'•''' '''../--. ., :'4.111C . •: I - tl: EXISTING ZONING: A-1 :'.'..1 ri. BAILEY MEADOWS DONALD SCHRAMM ,,,-•"'r .1- ‘'' _.7:'1:'"W, l',4;.,,' ;:I ..,:,. , 71•Tr'I''''P7i,,,,,, ,... _fiVIV,,,:.-Y.: _./ — VitINITYjMN DRAWING N.T.S. & — - NICEK - - I II - - - - _- - , ROE PETtN5 - - - -- ' Com ED Com ED i - I ComED ComED I - - - ••• K —4 SCHULTZ APPROXIMATE LOCATION OF r..---_ K. SCHULTZ . ,i DONALD K. SCHULTZ EXISTING 100-YEARl FLOODPLAIN I P.,.. ROBERT I ,'. I I N PETERS ANNEXATION AND ZONING PENDING al 5 6' EXISTING WETLANDS APPROVAL licalliPINISMIIPPIIIIIIII, lairi"7:62Hril'i "illi7"1.3tV".. "1111 1 \ /.. ,. ', ' ::,.:::;.. ,r... -.:,...., --:-: ----- - - ------,-)• ComED PAUL & ANGELINE' SCHULTZ ' PROPOSED ZONING: R-2 PROPOSED ZONING: R-3 PUD I :: • : : -c--3 ,'',. • . .. I . „ . I ,ANNEXATION ..AND:,/ .• ': Y I -) _-,--, -. • ..: EXISTING ZONING: A-1 11 EXISTING ZONING: A-1 1 . :. ZON.ING Pt'D. G- :, ' '' ,.. • , z...:: ' -• 1 ! ; .P.P.ROVAI2W.0 .: :. ... -,... • ' c. . .. •. n -....,, ... :,. •'' '',.'? . 111. ii;.!.L.4 B-i -......i... :..,.,. ..:::. i .. ---. .1 :, ' ... ,---- - ] ... . : . , , • - BRISTOL B•Y 1 ES- ,.. ..:,, - '-..- - -:-:.. '/ :--- ---,._..,, .,.. (....•i ---------- / AN. IATioNi AND 1 Ff-- - - ___ PROPOSED ZONING: B-3 :::!::: , ,., , iLj .,..: : : ,-,.. -,.z. Nq.:!. .. M Com ED I PAUL & ANGELINE EXISTING ZONING: A-1 }:: ______ ' , 1 SCHULTZ , _ --__ 1 i / I-.:;-T,,n1:,-.oi.:Ki,,,,, c.:i.,42,'.M5IAT . .: ' I r i • ., I. I:: j R-4 ANNEXATION AND ZONING PENDING : '• -:\ ':.:::, -7 1 . t. __ \ 1 II ' l -' '- . _________ j ,., APPROVAL ‘ I' 1 • •-•....• :'- I .. ''./I'''III 08' ---------___:____:::... -....., F'LTES SAND & I I .; / J ... ...- ... . ''' . •0 ; 1 / GRAVEL CO.i . / ---- ' ';'-'''P': I / . \V- ' • • ' • i i I AURORA BLACK TOP '• I 1, / B-3 / I INC. ---- , .---_ , - / _ , B-3 / MIDCO / 1- - ----------.. /ego ----„ ••••cliIII_Wirt.y ""•••••41......4,4„, NORTHGATE L.L.C. ,,.,:.:..,: ,.. —.------._ — L--, _. LEGEND \ AURORA BLACK TOP a INC. o_ i...3 " ,.-;•••• v71..„.... '14414 1 WESTBURY VILLAGE = SUBJECT TRACT BOUNDARY JRORA BLACK TOP OCEAN 2 D OCEAN ATLANTIC - ---- - • • MUNICIPAL BOUNDARIES . AREA MAP 1---• I SCHOOL DISTRICT BOUNDARIES INC. \ : BETTY O'KEEFE . PRELIMINARY F.U.D. PLAT ""`••••••• DEL WEBB - YORKVILLE H - H FLOODPLAIN ______ I YORKVILLE, ILLINOIS ............. - WETLANDS — — — _ - _______ —______ 4I0REVISIONS DWN BY: INT: DATE: PROJECT NO. R-2 ,. _ JCS 09/02/05 040710 2. DEN BY: INT: HORIZ SCALE: SHEET NO. 3. PJH NONE 4. CHIC BY: INT: VERT SCALE: 16 _5., PJH N/A g N N CO PRELIMINARY LANDSCAPE PLAN FOR: CD • .; DELWEBBri ._. ›... , ,-- .m , mow ‘1, _1 MN ---: YORKVILLE „, L. ea ®�� a. �al- �,® ® �� /,�\�� 1�,I Yorkville, Illinois GJ ® ®Oa ��.- ®f ►� Kendall Countya r, . tall,4,1 IvilA'lit a a elli Sli k.ti.4,0 0: ,f 0 ,4 ' ,.% �h �® September 2, 2005 ts 4,_ isire �fingUill T": F :' ft� all' .-. *la ___;, -101110.... ,‘osigs allia',;,).-.:, !jag&�.. INDEX OF SHEETS .i F4.4,),,,:.1,: !� �® ® ®�I' ®� �i�/ a�zi / VII Ids ,„ �,1p SHEET NO. TITLE REVISED SHEETS - � ,® MEM ���� 1.0 COVER SHEET ! B- 411640.\, r ._+V-1\4 �� .. % ����a ��I®I, LP-1 LANDSCAPE PLAN ��� y1� ( — PREPARED FOR: LP-2 LANDSCAPE PLAN _..,.._. P It H t EP �ife LP-3 LANDSCAPE LAN u e :8: me Corpora ion LP 4 LANDSCAPE PIAN ® ®�iii 114' 4 � 2250 Poinoulevard, Suite 401 LP-5 LANDSCAPE PLAN •,4� ®����.gall�� ® ®� �� �� Elgin �IIInO1S 60123 LP-6 LANDSCAPE PLAN ��� �� LD-1 LANDSCAPE DETAILS-PROTOTYPE �� ® �� Phon847.841.3583 ! ��� ® ,������ FaX: 47J83.O87LD-2 LANDSCAPE DETAILS-PROTOTYPE \,,.............. 2.2 Jr, -..____ _ ,,)iii 0 a ....... ......../..!li NM am 0'4 ` • 1..11111M?Ill •)) i i 0 200 400 800 ii KEY MAP SCALE T.400" NORTH :. .. ,-'” 1 30 ......,. , liV :=-� '11111 k _ FOR REVIEW ONLY L. I PROJECT - NOT FOR CONSTRUCTION T f r r .:..... ' Prnlers No.:040893-WEBS • 3 . "-: --., CIVIL ENGINEER £ :1' Smith Engineering Consultand,Inc. 70089/12032// Revision 759 John Street ... o5-p AbmI1d1 Yorkville,Illinois 60560 os-CrySdmittalz630953.75605EC PlanningConsultants3r.. ,y....- .: ?yid' O .. t k' PLANNING s. s. • y,-� _ LANDSCAPE ARCHITECTURE e j • COMMUNITY BRANDING. e Y•RKVILL i .r (Y „ i 12357 Riga Trace Parkway,Enke A20.5 s. s. .::_.. .. Austin,TX 78727 o o. T 512.246.7003 F 512246.7703 11 www.aeaplanniny�n iz 1z. Email:in lonnionningmn Drawn Or S5,BD Reviewed Br PS LOCATION MAP NORTH CONSULTANTS �„ r.Vas,e*SOsOO,3-WERA lxb\.600a NOT TO SCALE ,„,„....2.,,,,,........., LP1. .:LPA :: .:* ,'.......•:,....,.1,......"'"',1:,........r.:.:s.,:.1,.':,:::.......,..:......,...:.:.:::::.::::::.:,:`. ---LAS l£SA - SEC Planning Consultants PLANNING 0-- LANDSCAPE ARCHITECTURE COMMUNITY BRANDING ..-. 12157 Rim Trace Ahv7,Lel ANS T--� UMW NORTH _ __ — / ——_ TTy ucT7m Key Map N.T.S. ---r--r---1—--1—T- _T--� _--�--�-��-_ _._T _ ■I .7--1 I. r , ■/:f / x Prellminary Plant List I O'Mara/1i- ■ • rl • .� f// CNA.MGM= • ■ 111. Was_ ■ r -- -- I I PRIVATE .--10[-___.9.1.----...- ...Ltateeeraa C.MA.a•by Tabic.a NNW NAME ws:xun N , r I I ■I1p. _;R .` PARK /• ....�. 1337_,,_0_41111111110_,_111a�A®�D`_ 6�'_.. .. e .� j �o • pARIOVAR me. i 4 = _01 it Q�. ���®iZ®�.�7� ��®f , ffi�;■'�". ® _ �� 11 .. A • ...plata.. 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MOM angranocapft No.* m,r aattO i6.N. _ ♦ / r� �` 8�Q �ADDITIONAL SCREENING PROVIDED . �— •16.1 � • j LLI ey. Ct PARCEL 9 SMGLE FAMILY 3♦ 0 w�: n.eT gow.m 3e.p • p�: FOR DOUBLE FRONTED LOTS =r� s,© - Ego., ..b-ap, Su.,Flu. x.M �' ♦/; A ®I. .. �� •Venniyawl,�N um. •,' - �� PARC6 SINGLE FAMILY PARKWAY TREE TYPICAL/ - / � rri�■� tA!•awe. .fan x.•M. : ,�h' ♦�: I: :\ V A IJ Z MxrM. Ef /'',, . . _ .. --' W( — / \ PARKWAY TREE- TYPIC .0.0..........m.' ca waM..o g z fMII PARKWAY TREE -TYPICAL _ ! ':: . . . ' A . i • ftM..aawwaw c�F.a.asamt i Id './ • / a -4011,!;:°.P yy n �im<r Fa Cama ft.:e �, �/7 �. //�" : //� I. . SM....Owed. A.Mtry wales soft xr. 1�'Ir_. / �� :�.......� qa ` I f� sfw-among... Gold*Spies • /.: • • e.1Y1 _.. �{� •. . — sta.wa„. w.n.cae.nu.f PAR Y1� ivr xM. 1 ....or/. ; TMf.f<.a..M•gwt..,gm Ne1zMMpe.ANfrvM CEL E FAMILY vmu..m.Cava. A.,atAm��,.ta xr M. : —� , -►-' / �...- I ewgmm w.ma..M<nfn a<fa<wsna...t hM,mta :r M. 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POND EDGE FOR REVIEW ONLY DETENTION l'i I NOT FOR CONSTRUCTION ".. c 1/4. • ..,,„.,' 0 N ADDITIONAL SCRENING PROVIDED zir.„.•• .. • .. .. .. .. POND EDGE .::' CO''''-' ''' '''''''' ''',FOR DOUBLE FRONTED LOTS N.'': PARKWAY TREE - TYPICAL •• •• '' '' -• A .. ... .... - .•- •• -••••-------- •••• 0 . I' j19/' 's' (ISN iB''. -----_. • , fp ,7„- <______ ,.\e• 0 ' ;L_ # , 0 e.„ I • •• - ..... .. ... .. . CONSTRUCTION OF ROB ROY I 'et ce/ ti9./ '' .>ji e#*/ \ •' 111). .A ...- '-'. REGIONAL BIKE TRAIL BEYOND THIS ' (0' j'7'Th/N . ! /f/•. N \/-N ,,, ,e), .. .. -- POINT SHALL BE CONSTRUCTED AND I • ,4 •'' '• COMPLETED BY OTHERS. O. ,. N. )0,I a / • / I' ,41 .. ... ." .. N Y • ..... ...i 1•1-1 dr 61, \ ,,, 41) ' 1 ..... ••• .. I • - 1 / , 1 .- ;,.* .0 / 01 •-. ze--- MI" 4eiC VI .. / .... ' 41," PARCEL 3 SINGLE FAMILY p-or ce .. .. ... fis ,N N, AN, ,o, 4, / •• .. ... 4110 \ , N/N , ' .0 /A. - " // , - 4- . .., # .--' '4' e ' ...' '''' N N /It „,,...# N. e,p4 MANICURED ..... , .-. -... I . 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Ir I I I •• • SEC Planning Consultant PLANNING I I I I LANDSCAPE 4RCSH TLZTURE GROUNDCOVER(TYPICAL) EVERGREEN SHRUB(TYPICAL) - I 1 12317 ehn Trace Pnenawy,Ll Axa T 51.nTon DECDUOUS SERUB(TYPICAL) ilik s.,T IE m T snaw nm 1111°00; Ii!. OO0,, 00 O ° ° ° y - O x00, CIVIL 1 1 dv ty'010.,::.- - ;OOe°° _ _ =0 O O 0o ` PARKWAY TREE(TYPICAL) / / • \ \ \ Aff _.... i ........._ _ _ _ _ . _/ _..._ ...... ......_ _ _ _ ,,,,,,, ... ire AritaMemorAmm..- NoThiiimirezik \ I DECDUOUS SMUT,(TYPICAL) 47/01 �1=���1_1 EVERGREEN SHRUB(TYPICAL) W Mlilir ‘11,1 GROUNDCOVER(TYPICAL) FOR REVIEW ONLY NOT FOR CONSTRUCTIOI �.-.. PARKWAY TREE(TYPICAL _ 4111 All Alibi, 6 elazumiminsim•Im•wims tI) ,„A aw wo 441,,„ ‘11!"1111=1111ffillE1111111111111E=PWWIl=r Z i \ / W C. 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Date September 2.2005 0 .:''':-:.,;:',.g'',''..---:.':-.,•'.1.-::•:Z,::::::::::::A . ... ....................... .':::,>.::-.:?. :,i1:i i::!.::...,.::!'.4,:i-:.:,N:;-e 1 Down Br HP,SS Reviewed Br S5 holed. 040893-WEBB "` LD2 NORTH Key Map N.T.S. e: • EXHIBIT F LIST OF VARIATIONS FOR AGE-RESTRICTED RESIDENTIAL PARCEL City Ordinance NH 2, 4, 5, and 9 NH 1, 3, 8, and 10 R-3 Single Family Detached R-3 PUD R-3 PUD Premier Lots Classic Lots Lot Width 70' 65' 50' Lot Depth n/a 110' 110' Lot Size 9000sf 7150' 5500' Front Setback 30' 20' 20' Side Setback 10' 5' 5' Side-Corner Setback 20' 20' 20' Rear Setback 30' 20' 20' Right of Way Width 66' 60' 60' Sidewalk Width 5' 4' 4' Centerline Radius 100' 45' (Eyebrow 45' (Eyebrow Intersections Only) Intersections Only) • City Ordinance NH 6 & 7 R-3 Single Family Attached R-3 PUD _ Duplex Lot Width 90' 39' or 78' combined Lot Depth n/a 111' Lot Size 9000sf 4329sf or 8658 sf combined Front Setback 30' 20' Side Setback 10' 5' Side-Corner Setback 20' 10' Rear Setback 30' 20' Right of Way Width 66' 46' Curb and Gutter Type B6.12 M3.12 Sidewalk Width 5' 4' Centerline Radius 100' 45' (Eyebrow Intersections Only) • CHO1/12439329.3 • 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) . • CHO1/12439329.3 • EXHIBIT H FEE SCHEDULE • CH01/U439329.3 Brummel and Garritano Property (DRAFT) 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 City of Yorkville Fees 1. Building Permit Cost$650 plus$0.20 per square foot $650 +$0.20(SF) 2. Water Connection Fees SF and DU $2,660 2+Bed 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 Note: PUD agreement specifies that these fees are to be discounted a. For upfront land-cash donations figures, please refer to"Land-Cash"worksheet b. $75 x 0 = $0 • c. $400 of PW fee is being taken out due to the private roads within the development d. Separate agreement between School District and Owner/Developer • EXHIBIT I SCHOOL CONTRIBUTION 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. OWNER/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. Age Restricted Residential Parcel OWNER/DEVELOPER may enter into a separate agreement with Community School • District No. 115. a CHO1/12439329.3 • 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 donation 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 park department. Age Restricted Residential Parcel OWNER/DEVELOPER shall pay to the Yorkville Parks and Recreation Department the amount called for asthe 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 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/12439329.3 • EXHIBIT K SIGNAGE On-Site Signs shall include the following: 2 sets of the following (one each for the 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. 3 sets of the following: 1 Information Center Sign 3 x 4 ft. Double-faced 9"x 16"DF Hours Panel '1-Guest Parking Sign • 3x4ft.• • 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. CH01/12439329.3 • • • f 1VS 4,- , it pAti: - .ya (Dm'Y ? .. .. I •x45 ' I{II •, , ,. . 1, . Not Home Community ,New Home Community; New Home Community, Nest Home Community Devi st isloiry I pit, m.ui,..r1W, Information Thank You Guest Thank You ,,, , Ill f" Center For Visiting Parking For Visiting , 41.1nI i ph 'allnn mm.nutleivn naw.pullecom M HOLM ,_—.,.. ., front front back back __A 7" x 24" Model 3x4ft double faced 3x4ft double faced iD Sin 2x2ft double faced Sign USN signs Information Center Sign Information Center Sign 'n '�L9„ 't -'. Ncw NomeCu n��riaty New Home Comtmmitti� r n ) �t TUB 5nii r FQ.wn y New Home Community New Home Community ; ere Horncs .1')N1011(."" . Fain 1Ry Single'Family Townhorries 441111111111111111111 -II j 0 it ii 1 QS from the frotn the ...,,,,•.°.., ! from the $000s $000s $000s nnnpnl:c.a-n 1 Directional Copy Directional ..off},y ' 866-MY-PULTE 866-MY-PULTE 6x4ft double-faced - --- www.'mite.rn,,, www.!mite.rum - A-Frame 6x4ft double-faced Directional Sign 20x10ft double-faced Community iD sign • 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. CH01/12442774.1 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/12442774.1 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 4110 telefacsimile transmission, or on the date when deposited in the U.S. Mail, 3 C1-101/12442774.1 • 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) Severability: 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) Complete 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 CH01/12442774.1 • (h) Captions and Paragraph Headings: 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) Enforceability: 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} • • 5 CHO1/12442774.1 • 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: i 6 CH01/12442774.1 • EXHIBIT M COMMON FACILITIES • S CH01/12439329.3 • • • SMITH MITH ENGINEERING CONSUwLTNT RS , INC.� �: A� mUSURVEY eil 1° � e °„ .� a DESIGN PIM ..Bee y,Ill 22 �° _ .° �e=w �a1wmmm � » vii .°, °° ° ° RE COWER.?x FUTU til iiiiii ”— PIE e AMA ems Amo ' • :.—,-..."------._05,1, - =-...�., , �� 4 \\ 11O -.. �' �. ym mili • te* 1! e: J .f; o o > © ':, n ` o r ; r f. i 1immvir ' o�w Nm m paI se/i ® ° x406a, ® ©lit0©d; e i s,� .® Amu d .,,'....'r: ate , ee leir Mil ee®� 4 ue© °, �,w�B� B�B�N s „'4��� �'° �mm 0 N R°�NAER • GRAPHIC SCALE g .4 ©��,� e,�®,e ,oO o ° ® .No o Zao oN Boo 6oN wm® em© IS d Sti , " , ®®0 3°:: ./ ( IN FEET ) --------...%"---.....;.......17.. ' I in 1 inch = 400 ft..E \ Ma A — `\ `. DEL WEBB - YORKVLLE TORKVILLE, ILLINOIS IZ EXHIBIT M L \ COMMON FACILITIES 'E aoNs gtAMN BY: gUATEOS RRO.ELT N0. -------, OE90n1W BY: NOR12 60 E. SHEEi'N0. flECl®BY: YfliT.SCAIL 1 f. 0 EXHIBIT N PERIMETER ROADS FOR WHICH DEVELOPER HAS RESPONSIBILITY • 0 CH01/12439329.3 • • • 1-It t 1-11V1 I IN P K Y r °L.1.LJ. re LAI cc r LAIN SMITHRENGINEERING COONS (TAN . INC. SCHOOL DISTRICT:YORKVILLE CURD#115 FIRE DISTRICT:BRISTOL-KENDALL FIRE ( D E L X E B B YORKVILLE 6xxrr..x,�au[xxex5 -. .. °"= ury u-P PROTECTION DISTRICT ((Asrxaawc A-r) PROFESSIONAL DESIGN MY 31 PROPOSED ZONING - R-3 P.U.D.00122 e-v ,Ne,P9 = EXl.�T)CN a .. 043 FUTURE SUBDIVISIONe,,...=11 _ _,w, uiW o•oNo-a COMROW. 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Y Ma / \ aNRmm[am ROY error z1 rt.., fie Mtie _ er:1iK -171 1 _ w 1 ! ® 1 T 11 . 331 Lor., 1 501149'41V 296 Cunt ^+'c/,a rn srs ertt,s]Yettr[wli z mE ore9ae0F(rs a.]ae.rrs]o �P tl 1.. -.,. "-".,*011, 1� ,11111t!,�/ • li 502.43'14'W(DEL w _ P.1".. J S a9[ I s.r Mmvrrs a Newer .0 m x➢ 9 5 \ C, ®®• .x/ • \ s&�uo I 300.01'(DEED) • % CO v .9.49 o (�uAaro ,fig �0i: P,� - " LT xfn ul tt snm NOR,TrAsr x 1v33]R 41,.U...,-;',,,r4';‘," ''=',.. '• ,,'w�t011 L 911, " j ,,: IA s N89100'53"E 15.64 LURK VILE I \ ,e. NR SOWN Ni¢r.�r rsGREES 22 mmATES 03 43 uuiA � r ®®® I. S00°09'46"E 170.6P': .sr ALS sw c.LR L3. C sA.IN DEGREES u 1x1.25 A0 Lar � -Y "lac �9 a ' \/ e / � 1181122-1'."'/„3 , M.T. 4. EAST.797151177 •, '•..I ' `;,0 \ se /--.' r PONCE Sol.,a9 xw s I. SECORDSCCOND5 CAST 703315 rtEI.nlNR FAST en OF TM' 1.X Or o1 9 5014E 1 o OC ., -7,3.:*:. `� SCCROs.1 1302951 an'Oro RTE FAST 0. 57 x[025 EASY .13 EA.,INE 9 sovm o DEGREES at 99 D GR ES 09 P un AS xR .Y �� .®.>, P' ` / RPA lelA P � ,o SEAQ EAsr LIN[s9r a CRD nINR sawn 339 DEGREES re MWu2s m J _- s[rovoS rin nr1 rl FCCT ro rrr RNLR lt.(a sAm Noe war a,cn za Lor L r. DINT 300 O(OL(s Ze Y,NU25 Sr ,0...xfsr,.,11 SAm RNT[R 1021_ 3 i® ONE 137175 ftla M] MENR SOON 30 DOGREL,24 MAVU25 07 SECONDS II,T \ `-DETENTION IL1y.+n4UyI ALONG SAO[Jnr(60061 ERT 10 TM COI.LAVE Or SA/0 GALENA a0 ®® - l' _ A .yA .,-,7, Pos a 9 0 RCMP 1 ../AMES KSI ALMC Lx T • ,AVE,]]13305 WI'10 Pt PONT OF 13 SAID�� Z •� I s I I _ (WNWO A' R _ 5 o .. �;e �^� -: . `L� ® NOT FO GLC DEEPaa7,=,UDur PARla nlxazna14'as[[n0v1 I , ) - I /. �- ''1 r'', roxxvwnraem eAMsl(Asr O•nl nNso PR.vavu MtR.aex Lnra '> eR�I >.; C'° _ 1 z PLAN PREPARED FOR; a SMITH a<A6m ERm P fRIXF SOLO Or M NE iLW(So• /. rv® tt16Tnv 1 ay !. DE Om[S>yc» .a p,a o rMr rN1r l r r zz ill ((.I 6 I I; ! 1� F/- DEL WXBB COMMUNITIES OR ILLINOIS, INC. LMAErcr"COMERcnw s W«M wmr Is rexss ErEi"sDvnr'�s,n r»rn ,_mac I 1 r e LOM "io u ®...\\i IKEA A .l�/® �s \' ®DE�R� 2205 POINT BOULEVARD,SUITE 200, N CE AAO EALVTA STRIP Lr Lull,20100 FRT WD[W MI NCRnIAST x Cr m iil 7 I \ '':i N ELGIN,ILLINOIS 60123 SCOWSANDMC1.7mx[,I X tt s<cnal,10x749.7737 NOM RANG( w -��I 0® ..,� n��l . / • l EAST Lr Orr DR.Iwexnu M,RmAN BOUNDED Ann DESCR.0 As x33 ® I'7 ] .I - i '^ OWRR LAS,LLc xn,axN D PROJECT CONTACT TmRINN CORN.Of l R CAST LX Or - / Talons [ liaNDF SOON ALONG .101.`"K300-64 MR. MATTHEW CUDNEY Er SECTION SE x ACL IANCe w MS.FREE!TO M LL.OF ., - e zs ® 36 ' r Lar a wsnD.c D>Tame]Do-mr 1x0 nrLASurNA�wue .0 DENS 8 A 1 1 -�\ \ LOT s/ L � ® i'23 g Rm9 D:a.9R I PHONE (847)841-3583 RECORDED AS DOOM..154366 52, Fax: (847)783-0875 a,AVAVa DTEUNE IS mOINNIOIM,ARO `"g�(ap"a ig:R."GµANGLE I 1 a ` '1 9l J 10 ®A� /,9 /i/ �\�,1 _ -1 ,SANTN e\6n�rr•G CONTACT, ® =�'� ` --'7 \-xL5R2Rt•R.0•LAVE ws"TAN""cC`°F;sPoeO rRr ro Ixr RN " Or 90 WY Nae RE CENTER ONE Cr PLO M 90 WORMS n MUTES 5l,[COONS r0 ME NCI.WM IWC `pp I'•• \\ 1 Iliy a, u , PETER a nvlxxfR PC,GENERAL MAxAf2R Cr LANG O(uROPM[NI PROOYWnM a MC UST I7J7(p roORS(.A OISIAVR K]0100 rtrr m s ! -viiate' ' �® °l RAW a ro 02 AVLRs(Cna.WM A LWr]I,1o5 rr(r P(Rvr ,vnY asuN. m \ ,•j ze' Rs CR.L )560 SOWN of AND PARALLEL MM DN AMOS.LA.a-IA...[sr ALa.O o I lily 1, r '9 • ) �.t''- 907256°�9Dnn RAE)L.OUT PEs.srNmR SURVEYOR vcusr 33(0,;,ra tC sA ssr.YR Lr 1,x33.)rcrr IO - ! � w:.•LLL NII Du. Nr 010033[ CR.Sv-]ssD SAM NORM t ME P..Or Alae I) " I n' ) xuuazRr.uS 589°5014YJ loon 'Lm T i2alt.2R LEr MOT irrr TO i R 1 • \/L j I010:03301 x i i u 9., DEYMr oNAREA 156.53' 500°0946"E 71.20' L os2/Lv.av igen 2 1.Is �\v(". IY 5•/� � � ONMRV Mtn rORKwt L x or m01 rcIIN�r a uHas 2.1.`.7=7` \ ®®® 1' 677.75' 567°52'41^74 22.10' .NOLE'Malty ofuc.uO t C ATcxAct 93 ex. D ORES _ .�1 / 1 58613256"E DKA. 1. IA 15X CrK GSI \. RETENTION k OPEN SPAR 6 TOTAL 16x N a sA s[c,v.;PM unmet camTr.uwvsl L. e •��® ] x \ \ )/ A.® M.o.ROB ROT MIDI AMENITY CENTER S 12 [Asr Or 112 R[5I AND ALSO C.KEPI x(SI 6 MC _ \® �o % sr x m Pro sccmx.ANO INRPI RHZII GROSS WACP[s 2360 RA Y 179 op. 72 10. .50 O(Std ONTARPxD PMIYCP�OYGDONA..IkPr MILORD n \ • W Numew of ceaxhnnd Lola 811 TOTAL oc R Lal a'GA �^ /'RDT a2M l L �� � � \\ x / / ®41 " pRr6I !f;f ' ES'Am RNR_ \ -xl `_ �\ 3 05\\ \ V�® Overxi 4. Ld ® \®�,• 1 _ \\ ..-. Sr 4` ... t s _ mw[ �� � 1:" PuraR6 coMMRRu a^row N neer r1+GYRE P33R='�®I ` 1���� �, �� a TIO R "2 o o r fl . PRELIMINARY PUO PUT' itil ,IM O'174EU RP xOCF SCCMx.S-]) ®\ COVER STEM'-OVERALL MEW 1® Or 19u® I P \' ® I- 14 DETAILS.NOTES S J AR. P.UD PLAT k SYM90I.LEGEND /� \\ W\® l A•A117Y CEN7� SITE DATA.' \ i6 MANY 35 ��11 EN A1C S 1t AGFSCHSCLEO SWARC ON III.1519 RCA1/S['fR Lr A Dx®®90 ��ss x•n®� \� �� ,: DING FOO,PRN,(14070 t 50 FL) ULW - e E GRAPHIC SCALE NCADWALL Cr A BOX MKRT(MINS UNDER RIC e])ON 1EAST 408 OF RIC.]ANO APPROm1ATFLY 91]FC[I �f� ',l f� ®, A� • BCR K RCOIKAR PAPxWO STAUS rJ9 - MEMONE MfMY Or Mr NORDlASI CORNER OF PROPERTY 01.R.DaMn A IRM,rw � li BER OF NAN0IGP STALLS 6 `�t r CLEVADON 629.50'(NOro 29) 1/0R Rr-.99."90-OD. IDE IRK'.OK LD NW Wil • IOM(MIMBFR tt$,ALIS-NS 1 a w¢r) ([ns,x0,am...R-»' L;;;''.7''''';'''.:47....-...'411:.:7; 0 0 iYPICAI PMIN)74,0174 B5' CIRCLED SWAM'ON RIZxORINEAST MIGWALL OF Is LOiO •n B ern-IDR n TIE BRIDGE ON OALEDM A KR 112 ROW ROY CREEK. w R R. RAI RECOVOCO ELEVATION 65141'(NOVO 19)(.3.10E0 USING LRS A.11964 AS DOCUMENT 1745197 x[MA4 cOvx b N I191Ca1 PARKWC LFN)M Ifl5' 005ERVADON5) , 1 / --1-....„,...'o Pk81MW/LRY PU.D. PLAT E PLAN - CENTERLINE 74714100(DEED)3\351111:91.7':1011.5.':I.;‘': 316. ``\� r\ OxrR',_ - - °m DEYCRKVLLE. ILLINOIS LE •R1-ia•.It' BOUNDARY LINE PREPARED ON SEPTEMBER 1,2005 OS'(D 8.40 ([psi a e',LONG ...11F14\. (f, CALLmr s O)E 1-800-B91-(7127 _--_ LOT L a WAY LAVE PREPARED BY. CED) .. m Rx M ,ROY x�t rz,E OVERALL SITE MN W w MN,DwrI.WSA.lpxxuO MUM,r Lot LINE ° ••/ .O nR sax, DM-CS IHT: PR 0407,0 740. I aR x r/.xc TDF 37.vc.A e In OUR s CRAIG L.OUT C63140=11201•461.2008120.8 `J9 0l J�c oine/oa ery0.s De/1i/DS P. ,II_ 00 0 07"?1,'m..RR RFs wrD 4.A.41.11. ....'.SLTBA.(INC NOS PROTESSiONAT LAND SURVEYOR PlxoiNro.LaN3 /V)3°$529\ 5ry O ONE.MttPnM R[. 0'n' wuax O.BY: INP: NOstlZ SCALE SHEET 740. ;:��yC ` Ran+.u.x rwN 0000 GS[MCNT LW( N¢3]59(fxPiRES:11/30/06) /,.,,siva xLxx9 R-x A s» TN 0rx a,,. P 22„,,,,,,,, e x�oo•,vin.we OMS INC WIT SCALE i NO ama-w S N/ • EXHIBIT 0 PULTE ANTI-MONOTONY POLICY • • CHO1/12439329.3 • 0 NtLe_.„ ,....., ot/za MONOTONY CODE RESTRICTIONS I. Single Family 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 configuration that is within two (2)houses on either side or on any 5 houses directly across the street from the subject house (51% or more in lot width will be considered to be across the street). Additionally, the house directly behind a corner house is included in these criteria. 2. No house shall have the same color package that is within two (2)houses on either side or on any 5 houses directly across the street from the subject house (51% or more in lot width will be considered to be across the street). Additionally,the house directly behind a corner house is included in these criteria. 3. No ranch style (single story)house shall be within two (2)houses on either side or on any house directly across the street from the five (5)subject houses (51% or more in lot width will be . • considered to be across the street). Additionally, the house directly behind a corner house is included in these criteria. NOTE:NO HOUSE SHALL HAVE THE SAME SIDING OR BRICK COLOR ADJECENT TO ONE ANOTHER II. Single Family Attached or Multi Family 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, Brick I, Brick II), and color package. b. Color Package— a combination of siding, brick, 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. 0110 VILLAGE MONOTONY CODE CRITERIA WILL ALWAYS SUPERSEDE THESE INTERNAL CODES pi,, ,citem =Subject House III .17i,/%4-9-,T,4 z = Restricted Configuration ra4 . Restricted Siding&Brick iM M rze.,10. 6,..v..1 z 11111 I I iii iii I r , _ , ., 4 /• /, • ... .....:„ 0.....,..- ,..,.. ..____ ...-. .. .....----.. 0 MONOTONY CODE ,,,i,,,,,,,te.-i' ® =Subject House v-tat `' ' j =Restricted Configuration ri = Restricted Siding&Brick Color / rep-A rw:-.0 r . _,,,k, ..4-,41, _.,..- . e.YA`' A _____ 7 v 7 , i___ • X. I I • MONOTONY CODE „,„:„„:,.„,_ pL iivi„.„.„III -, e_____ Subject House / =Restricted Configuration ZJ ``- -; = Restricted Siding&Brick Color Ille A `mss • , ... ,. _ .....„ 40,:ry +.1., ,, a ......„ , ,. • MONOTONY CODE ,co) Cir` ?-- t I y ,. 0 JJnited City of Yorkville lle Memo o „1,, ''' 800 Game Farm Road IEST. 4 ' ' '1836 Yorkville, Illinois 60560 1 ��- Telephone: 630-553-4350 0 i ' ~ p Fax:p 630-553-7575 '41LLE ‘NIN Date: September 27, 2005 To: Mayor& City Council `,4 From: Traci Pleckham—Finance Director CC: John Justin Wyeth—City Attorney Subject: Annexation Agreement (Garritano/Brummel Property) Attached please find revised copies of Exhibit H—Fee Schedule of the above listed agreement. Updates are as follows: • Brummel and Garritano Property(DRAFT) Fees Per Unit—this has been updated to PULTE—DEL WEBB with changes identified in red. • PULTE—SINGLE FAMILY—this is an additional fee sheet to identify the single family portion of the development. 1 PULTE - DEL WEBB 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 City of Yorkville Fees 1. Building Permit Cost$650 plus$0.20 per square foot $650+ $0.20(SF) 2. Water Connection Fees SF and DU $2,660 2+ Bed 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 see note"e"below $500 Parks& Recreation $50 Engineering $100 Bristol-Kendall Fire see note"f'below $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 any upfront land-cash donations figures, please refer to"Land-Cash"worksheet b. $75 x 0 = $0 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 PULTE - SINGLE FAMILY (revised) FEES PER UNIT A paid receipt from the School District Office, 602-A Center Parkway Yorkville, must be presented to the City prior to issuance of permit $3,000 Separate Yorkville-Bristol Sanitary District fee-made payable to Y.B.S.D. $1,400 United City of Yorkville Fees 1. Building Permit Cost$650 plus$0.20 per square foot $650+ $0.20(SF) 2. Water Connection Fees SF and DU $2,660 2+ Bed Att N/A 3. Water Meter Cost Detached Units $250 Attached Units N/A 4. City Sewer Connection Fees $2,000 5. Water and Sewer Inspection Fee $25 6. Public Walks/Driveway Inspection Fee $35 7. Development Fees Public Works $700 Police $300 Building $150 Library 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 Single Family Park N/A N/A N/A $2,174 School N/A N/A N/A $4,780 Land-Cash Fees Total $0.00 $0.00 $0.00 $6,954.04 9. Road Contribution $2,000 10. County Road Fee :: $1;006 11. Weather Warning Siren Fee see note"a"below $75/acre Note: PUD agreement specifies that these fees are to be discounted a. $75 x 0 = $0 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 _ I(t STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO. 2005- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (Garritano/Brummel 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 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 Page 1 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 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 VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Page 2 of 3 Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of ,A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Page 3 of 3 ' IIJ STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2005- AN ORDINANCE ANNEXING CERTAIN TERRITORY TO THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (GarritanoBrummel Property—Del Web/Pulte) (Area South of ComEd Right of Way) WHEREAS, a written petition, signed by the legal owner of record of all land within the territory hereinafter described, has been filed with the City Clerk of the United City of Yorkville, Kendall County, Illinois, requesting that said territory be annexed to the United City of Yorkville; and, WHEREAS, there are no electors residing within the said territory or more than 51% of the electors residing within the territory have joined in the petition; and, WHEREAS, the said territory is not within the corporate limits of any municipality but is contiguous to the United City of Yorkville; and, WHEREAS, legal notices regarding the intention of the United City of Yorkville to annex said territory have been sent to all public bodies required to receive such notices by state statute; and, WHEREAS, copies of such notices required to be recorded, if any,have been recorded in the Office of the Recorder Kendall County, Illinois; and, WHEREAS, the legal owner of record of said territory and the United City of Yorkville have entered into a valid and binding annexation agreement relating to such territory; and, WHEREAS, all petitions, documents, and other necessary legal requirements are in full compliance with the terms of the annexation agreement and with the statutes of the State of Illinois, specifically Section 7-1-8 of the Illinois Municipal Code; and, WHEREAS, it is in the best interests of the United City of Yorkville that the territory be annexed thereto, NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, as follows: SECTION 1: The following described territory,being that territory described in the Legal Description which is attached hereto and made a part of this Ordinance.and that territory also being indicated on an accurate map of the annexed territory(which is attached hereto and made a part of this Ordinance), is hereby annexed to the United City of Yorkville, Kendall County, Illinois. SECTION 2: The City Clerk is hereby directed to record with the Kendall County Recorder and to file with the Kendall County Clerk a certified copy of the Ordinance, together with an accurate map of the territory annexed attached to this Ordinance. SECTION 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 411 Lle 'c—. STATE OF ILLINOIS ) ) ss COUNTY OF KENDALL ) ORDINANCE NO.2005- AN ORDINANCE REZONING CERTAIN PROPERTY IN FURTHERANCE OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT (Garritano/Brummel Property—Del Webb/Pulte) (Area South of ComEd Right of Way) WHEREAS, MPLIV 10, LLC, MPLIV 20, LLC AND MLH YORKVILLE, LLC are the legal owners of record of property described on Exhibit "A" attached hereto and incorporated herein (the Property), and WHEREAS the owners and, Pulte Home Corporation, developer of the Property, have made application by petition for the rezoning of the Property and approval of a Special Use for a Planned Unit Development for a portion of the Property, and WHEREAS, owners and developers have previously entered into an agreement for annexation, and zoning of the property, and WHEREAS, the Yorkville Plan Commission has recommended the rezoning of the property 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 256 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 192.17 acres legally described on Exhibit B-2(1) attached (the "Conventional Residential Parcel") and depicted as Neighborhoods 11, 12 and 13 on the Concept Plan; and (iii) a B-3 Business District with the uses listed as Permitted Uses in the B-3 Business District, on approximately 30 acres, legally described in Exhibit C attached hereto (the "Commercial Parcel") and as depicted as commercial on the Concept Plan. NOW, THEREFORE BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS UPON MOTION DULY MADE, SECONDED AND APPROVED BY THE MAJORITY OF THOSE MEMBERS OF THE CITY COUNCIL VOTING,THAT: 1. The City Council approves the recommendation of the Plan Commission and hereby rezones the property 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 256 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 192.17 acres legally described on Exhibit B-2(1) attached (the "Conventional Residential Parcel") and depicted as Neighborhoods 11, 12 and 13 on the Concept Plan; and (iii) a B-3 Business District with the uses listed as Permitted Uses in the B-3 Business District, on approximately 30 acres, legally described in Exhibit C attached hereto (the "Commercial Parcel") and as depicted as commercial on the Concept Plan. 2. A Special Use for Planned Unit Development is hereby approved for the Age-Restricted Residential Parcel described in Exhibit B-1 in accordance with the Annexation Agreement and Planned Unit Development Agreement previously entered into between the City and Developers. 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. WANDA OHARE JOSEPH BESCO VALERIE BURD PAUL JAMES DEAN WOLFER MARTY MUNNS ROSE SPEARS JASON LESLIE Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this Day of , A.D. 2005. MAYOR Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this day of , A.D. 2005. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 Olin LA S ROPERTY ,c �J l u t x � x K h4: 4� SFS Wig q L i 4 5 '1 ` 8 sPRuc.0 �t3) Q r Z JI2D)A . SQL 3D" (Z 2 f I g 1 99 9 30 COMP. FILE.- 050631 vocation 083005 cl PLOT FILE.STANDARD SMITH ENGINEERING CONSULTANTS, INC. V7Ew Layvutl CIVIL/STRUCTURAL ENGINEERS AND SURVEYORS 759 JOHN STREET YORRVM, ILLwols 80560 PH: 630-558-7560 FAX: 830-553-7646 PLA T OF VACATION www,smithengineering.00m E—MAM secMmithengineering.com MMcHENRY ■HUNTLEY ■YORKV= ILLINOIS PROFESSIONAL DESIGN FIRM # 184-000108 OF PART OF THE SE QUA R TER OF SECTION 5, T WP. 36 N., R 7 E., KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS 4 l l STATE OF ILLINOIS ) )SS ! COUNTY OF KENDALL ) Approved and accepted by the Mayor and City Council i r of the United Clty of Yorkville, this -- day of A.D. 2005. : fi 4' BY Mayor � Attest: City Clerk J cn LA 7_6 o w y:' 4 � N COUNTY RECORD- 'STIF A_ 1 STATE OF ILLINOIS ) )SS COUNTY OF KENDALL ) LEGAL DESCRIPTION: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 36 This Instrument No. �_�__.._._______�, was fried for record in the - NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED f , � j AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE Recorder's Office o Kendall County, Illinois, on the ._.__ _ day of CENTER LINE OF ILLINOIS STATE ROUTE NO. 47 WITH THE CENTER LINE ___, 2005 at ____._D'Clock _— M. and was recorded in OF ILLINOIS STATE ROUTE NO. 71; THENCE WESTERLY ALONG THE Map Book_—_—____on Page_______. CENTER LINE OF SAID STATE ROUTE NO. 71, BEiNG ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 7615-85 FEET, 300.00 FEET TO THE CENTER LINE EXTENDED SOUTHERLY OF SCOTT DRIVE, 7HENCE NORTH 08 DEGREES 19 MINUTE'S 32 SECONDS EAST, ALONG THE CENTER LINE _ County Recorder N —� l OF SAID SCOTT DRIVE, 56.94 FEET TO THE EASTERLY EXTENSION OF THE NORTHERLY RiGHT OF WAY LINE OF SAID STATE ROUTE NO. 71 [~` FOR THE POINT OF BEGINNING; THENCE SOUTH 83 DEGREES 25 MINUTES 07 SECONDS WEST, ALONG THE EASTERLY EXTENSION OF SAID NORTHERLY RIGHT OF WAY LINE, 34.15 FEET TO THE WESTERLY RIGHT 1 OF WAY LINE OF SAiD SCOTT DRIVE; THENCE NORTH 08 DEGREES 19 MINUTES 32 SECONDS EAST, ALONG THE WESTERLY RIGHT OF WAY f LINE OF SAID SCOTT DRIVE, 1094.68 FEET TO THE WESTERLY RIGHT OF COUNT CLERK'S CERTIFICTE WAY LINE OF SAID STATE ROUTE NO. 47; THENCE SOUTH 03 ( n DEGREES 55 MINUTES 03 SECONDS EAST, ALONG THE WEST RIGHT OF STATE OF ILLINOIS ) I;. v 1 WAY LINE OF SAID STATE ROUTE NO. 47, 311.24 FEET TO A POINT ON )S.S. THE EASTERLY RIGHT OF WAY LINE OF SAID SCOTT DRIVE, SAID LINE COUNTY OF KENDALL) L. ,�, BEiNG 66.00 FEET EASTERLY OF (AS MEASURED PERPENDICULARLY THERETO) THE WESTERLY RIGHT OF WAY LINE OF SAID SCOTT DRIVE, County THENCE SOUTH 08 DEGREES 19 MINUTES 32 SECONDS WEST, ALONG Clerk in Kendal! County, 111lnais, do hereby certify that there are no SAID EASTERLY RIGHT OF WAY LINE, 746.76 FEET TO THE NORTHERLY delinquent general taxes, no unpaid current general faxes, no unpaid forfeited 33.4' RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 71; THENCE SOUTH taxes, and no redeemable tax sales against any of the land included in the 64 DEGREES 46 MiNUTES 35 SECONDS WEST, ALONG THE NOR THERL Y annexed plat. 1 further certify that I have received all statutory fees in ' RIGHT OF WAY LINE OF SAID STATE ROUTE NO. 71, 39.60 FEET TO A with the annexed lot. POINT ON THE CENTER LINE OF SAID SCOTT DRIVE, THENCE SOUTH connection P EIV TER i CSL 08 DEGREES r9 MiNU IE,S J2 3£CONDS WEST, ALONG SAID C Given under my hand and seal of the County at Yorkville, Illinois Y LINE, 13.09 FEET TO THE POINT OF BEGINNING, 1N THE UNITED CITY OF this __—__.______ day of __ �_�__ , A.D., 2005. YORKVILLE, KENDALL COUNTY, ILLINOIS a co ry County Clerk O 4 Z � 1 STATE OF ILLINOIS S.S. COUNTY OF KENDALL) This is to certify that I, Craig L. Duy have prepared this plat according to official maps and plats for the uses and purposes therein. VACATION PARCEL CONTAINS F LAND MORE Dated at Yorkvill Kendall County ilE'mIIis Aix ' st1r•.A�D�:..2005. 140 ACRES O �g. OR LESS Illinois Professional Land Suor Flo. X33 5.9 License Expiration = LANDS HEREBY VACATED RI VE A.K.A.: 4RIS ROAD ROAD W F ROAD ROAD ►�,� h � v- aO Z J4o• 1 x 1 C L 1 6d N 13.09' t S08'1932"W N P.O.B. 34.15' S83'25'07"W L=300.00 .� OLj'T5 ILLINOIS s PLA T OF VA CA TION - SCOTT DRIVE PART OF SECTION 5-36- 7 NOTES: NOTES KENDALL COUNTY, ILLINOIS * This map was created for use in a Plat of Vacation. This map is not to be used for any construction or staking purposes without consent from a BEARINGS BASED ON ILLINOIS STATE proper agent of Smith Engineering Consultants, Inc. PLANE EAST ZONE. * This iS NOT a Plat of Survey.. No assumptions or agreements as to ownership, use, or possession can be conveyed from this document. ROUTE 47, ROUTE 71 AND SCOTT DRIVE PROJECT NO. * No underground improvements have been located unless shown and noted. REVISIONS DRAWN BY: DATE: * No distance should be assumed by scaling. LOCATION, WIDTH AND DIMENSIONS PER � CLO � 8/3%5 050631 * This map is void without original embossed or red colored seal and ILLINOIS DEPARTMENT OF TRANSPORTATION 2 DESIGNED BY: HORIZ. SCALE` SHEET NO. signature affixed. RIGHT OF WAY PLATS RECORDED 3 1"--50' 3/27/1990 AS DOCUMENT 901887 AND 4.1 CHECKED BY: VERT. SCALE: 901888. NTD _ 5.