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Ordinance 2003-44
STATE OF ILLINOIS 200300o3--"i3c'3C3 ss Filed for Record in -COUNTY OF KENDALL ) KENDALL COUNTY, ILLINOIS PAUL ANDERSON 09-11-2003 At 12:04 pm. ORDINANCE 27,10 ORDINANCE NO. 2003-2003- 44 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AND PLANNED UNIT DEVELOPMENT AGREEMENT OF MPI-2 YORKVILLE NORTH,L.L.C.,MPI-2.YORKVILLE CENTRAL,L.L.C., and MPI YORKVILLE SOUTH,L.L.C. (DEVELOPERS), SUBURBAN BANK& TRUST COMPANY TRUST#74-3216, ISENSTEIN-PASQUINELLI,L.L.C., MOSER ENTERPRISES,INC., INLAND LAND APPRECIATION FUND,L.P.,DALE KONICEK, and WAYNE and LOIS KONICEK(OWNERS) (GRANDE RESERVE) WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall County,Illinois,that a certain Annexation and Planned Unit Development Agreement pertaining to the annexation and development of the real estate described on Exhibit"A"attached hereto and made a part hereof entered into by the UNITED CITY OF YORKVILLE; and WHEREAS, said Annexation 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 statutory procedures provided in 65 ILCS 5/11-15.1-1 (2002),as amended, 1 for the execution of said Annexation and Planned Unit Development Agreement has been fully complied with; and WHEREAS, the property is contiguous to the City. NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1:That the Mayor and City Clerk are herewith authorized and directed to execute,on behalf of the City, an Annexation and Planned Unit Development Agreement concerning the annexation and development of the real estate described therein, a copy of which Annexation and Planned Unit Development Agreement is attached hereto and made a part hereof. Section 2: That 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 BURR PAUL JAMES LARRY KOT MARTY MUNNS ROSE SPEARS RICHARD STICKA PROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this day of , A.D. 20 a3 . Ld MA OR r 2 ASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this day of , A.D. 20 . l Attest: ITY CLERK Prepared by: Law Offices of Daniel J. Kramer 1107A S. Bridge St. Yorkville, IL 60560 630.553.9500 3 "STEINBRECHER FARM B" Central Annexation Parcel PARCEL TWO: THAT PART OF THE SOUTH HALF OF SECTION 11 AND PART OF THE NORTHWEST QUARTER OF SECTION 14,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 11;THENCE SOUTH 0 DEGREES 57 MINUTES 0 SECONDS WEST 442 FEET TO THE NORTH LINE OF THE RIGHT OFWAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD;THENCE NORTH 75 DEGREES 17 MINUTES 0 SECONDS EAST 172E FEET ALONG SAID RIGHT OF WAY LINE TO THE SOUTH LINE OF SECTION 11;THENCE SOUTH 89 DEGREES 53 MINUTES 0 SECONDS EAST 1001.25 FEET ALONG THE SOUTH LINE OF SAID SECTION 11 TO THE SOUTHEAST CORNER OF THE WEST HALF OF SAID SECTION 11;THENCE NORTH 89 DEGREES 54 MINUTES 0 SECONDS EAST 1339.5 FEET ALONG THE SOUTH LINE OF SAID SECTION 11 TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 11;THENCE NORTH 0 DEGREES 40 MINUTES 0 SECONDS EAST 97.7.5 FEET TO THE CENTERLINE OF THE HIGHWAY; THENCE NORTH 74 DEGREES 15 MINUTES 0 SECONDS WEST 727.2 FEET ALONG SAID CENTERLINE;THENCE NORTH 79 DEGREES 10 MINUTES 0 SECONDS WEST 2877.4 FEET ALONG SAID CENTERLINE TO THE CENTERLINE OF A NORTH AND SOUTH HIGHWAY; THENCE SOUTH 7 DEGREES 7 MINUTES 0 SECONDS EAST 364.8 FEET ALONG THE CENTER OF SAID NORTH AND SOUTH HIGHWAY;THENCE NORTH 89 DEGREES 47 MINUTES 0 SECONDS WEST 503.33 FEET TO THE WEST LINE OF SAID SECTION 11;THENCE SOUTH 0 DEGREES 52 MINUTES 0 SECONDS WEST ALONG SAID WEST LINE 1327.6 FEET TO THE POINT OF BEGINNING; EXCEPT THAT.PART OF SAID PARCEL LYING NORTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. /j(� a "INLAND" Annexation Parcel THAT PART OF THE SOUTHEAST QUARTER OF SECTION 11,THAT PART OF SECTION 14, AND THAT PART OF THE NORTH HALF OF SECTION 23,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF KENNEDY ROAD WITH THE SOUTHERLY.LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY THROUGH SAID SECTION 14;THENCE NORTH 73 DEGREES 14 MINUTES 21 SECONDS EAST ALONG SAID SOUTHERLY LINE 1239.61 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14;THENCE NORTH 88 DEGREES 04 MINUTES 00 SECONDS EAST,ALONG SAID NORTH LINE,610.29 FEET TO THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER;THENCE NORTH 87 DEGREES 54 MINUTES 03 SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 11,A DISTANCE OF 1329.33 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER;THENCE NORTH 01 DEGREES 21 MINUTES 20 SECONDS WEST ALONG SAID WEST LINE, 511.01 FEET TO SAID SOUTHERLY LINE OF THE BURLINGTON NORTHERN RAILROAD;THENCE NORTH 73 DEGREES 14 MINUTES 21 SECONDS EAST,ALONG SAID SOUTHERLY LINE, 837.66 FEET TO THE CENTERLINE OF MILL ROAD;THENCE SOUTH 74 DEGREES 18 MINUTES 13 SECONDS EAST ALONG SAID CENTERLINE 546.02 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 11;THENCE SOUTH 01 DEGREE 19 MINUTES 08 SECONDS EAST ALONG SAID EAST LINE, 556.17 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER;THENCE SOUTH 01 DEGREE 19 MINUTES 08 SECONDS EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 14,A DISTANCE OF 1122.0 FEET; THENCE SOUTH 87 DEGREES 45 MINUTES 51 SECONDS WEST,438.0 FEET TO THE NORTHEAST CORNER OF LYNWOOD SUBDIVISION, EXTENSION FOUR;THENCE SOUTH 87 DEGREES 45 MINUTES 51 SECONDS WEST,ALONG THE NORTHERLY LINE OF SAID LYNWOOD SUBDIVISION, EXTENSION FOUR, 1168.80 FEET TO THE NORTHWEST CORNER THEREOF;THENCE SOUTH 01 DEGREE 46 MINUTES 18 SECONDS EAST,ALONG THE WESTERLY LINE OF LYNWOOD SUBDIVISION, EXTENSIONS FOUR AND FIVE, 1173.80 FEET TO AN IRON STAKE;THENCE SOUTH 01 DEGREE 47 MINUTES 49 SECONDS EAST,ALONG THE WESTERLY LINE OF LYNWOOD SUBDIVISION, EXTENSION FIVE, 376.25 FEET TO AN IRON STAKE;THENCE SOUTH 02 DEGREES 01 MINUTES 46 SECONDS EAST ALONG THE WESTERLY LINES OF LYNWOOD SUBDIVISION, EXTENSIONS FIVE AND SIX, 1950.62 FEET TO AN IRON STAKE;THENCE SOUTH 01 DEGREE 51 MINUTES 08 SECONDS EAST,ALONG THE WESTERLY LINE OF LYNWOOD SUBDIVISION, EXTENSION SIX, 879.29 FEET TO THE CENTERLINE OF U. S. ROUTE NO. 34;THENCE SOUTH 45 DEGREES'14 MINUTES 47 SECONDS WEST ALONG SAID CENTERLINE 878.60 FEET;THENCE NORTH 37 DEGREES 07 MINUTES 26 SECONDS WEST,2106.30 FEET;THENCE NORTH 47 DEGREES 17 MINUTES 26 SECONDS WEST, 1500.85 FEET TO THE CENTERLINE OF KENNEDY ROAD AND THE EASTERNMOST CORNER OF A TRACT DESCRIBED IN A QUIT CLAIM DEED TO GEORGE AND GLENNA PATTERSON, HUSBAND AND WIFE, RECORDED AS DOCUMENT NO.72-375 ON JANUARY 25, 1972;THENCE NORTH 25 DEGREES 56 MINUTES 49 SECONDS EAST ALONG SAID CENTERLINE 236.34 FEET;THENCE NORTHEASTERLY AND NORTHERLY,A RADIUS.OF 800.0 FEET;AN ARC DISTANCE OF 419.10 FEET;THENCE NORTH 04 DEGREES 04 MINUTES 07 SECONDS WEST ALONG SAID CENTERLINE 531.06 FEET;.THENCE NORTH 05 DEGREES 06 MINUTES 07 SECONDS WEST ALONG SAID CENTERLINE 1866.0 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. ALSO:ALL THAT PART OF ROUTE 34, KENNEDY ROAD AND MILL ROAD ADJOINING SAID PARCEL. "KONICEK" Annexation Parcel PARCEL NO 1: THAT PART OF SECTIONS FOURTEEN (14), FIFTEEN (15)AND TWENTY-THREE(23);ALL IN TOWNSHIP THIRTY-SEVEN (37) NORTH, RANGE SEVEN (7)EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY CORNER OF STRUKEL'S PARADISE LAKE UNIT NO..1, (SAID POINT ALSO BEING THE INTERSECTION OF THE CENTERLINE OF BRISTOL ROAD AND THE CENTERLINE OF KENNEDY ROAD), AS SHOWN ON THE SUBDIVISION PLAT OF STRUKEL'S PARADISE LAKE UNIT NO. 1 RECORDED AS DOCUMENT#71-215;THENCE NORTH 60 DEGREES 17 MINUTES 26 SECONDS EAST,724.86 FEET ALONG THE CENTERLINE OF KENNEDY ROAD TO THE POINT OF CURVATURE OF A 1094.72 FOOT RADIUS CURVE TO THE LEFT;THENCE NORTHEASTERLY 631.18 FEET ALONG SAID CURVE WHOSE CHORD BEARS NORTH 43 DEGREES 46 MINUTES 24 SECONDS EAST 622.47 FEET TO THE POINT OF TANGENCY OF SAID CURVE;THENCE NORTH 27 DEGREES 15 MINUTES 21 SECONDS EAST 11.57 FEET ALONG SAID CENTERLINE TO A POINT;THENCE SOUTH 37 DEGREES 39 MINUTES 00 SECONDS EAST 1776.45 FEET TO A POINT;THENCE SOUTH 52 DEGREES 21 MINUTES 00 SECONDS WEST 1343.89 FEET TO A POINT IN THE CENTERLINE OF BRISTOL ROAD;THENCE NORTH 37 DEGREES 39 MINUTES 00 SECONDS WEST 1778.85 FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. PARCEL NO.2: THAT PART OF SECTIONS FOURTEEN (14)AND TWENTY-THREE(23), ALL IN TOWNSHIP THIRTY-SEVEN (37) NORTH, RANGE SEVEN (7)EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY CORNER OF STRUKEL'S PARADISE LAKE UNIT NO. 1, (SAID POINT ALSO BEING THE INTERSECTION OF THE CENTERLINE OF BRISTOL ROAD AND THE CENTERLINE OF KENNEDY ROAD),AS SHOWN ON THE SUBDIVISION PLAT OF STRUKEL'S PARADISE LAKE UNIT NO. 1,RECORDED AS DOCUMENT#71-215;THENCE SOUTH 37 DEGREES 39 MINUTES 00 SECONDS EAST 1778.85 FEET ALONG THE CENTERLINE OF BRISTOL ROAD FOR THE POINT OF BEGINNING;THENCE NORTH 52 DEGREES 21 MINUTES 00 SECONDS EAST 1343.89 FEET TO A POINT;THENCE SOUTH 37 DEGREES 39 MINUTES 00 SECONDS EAST 1645.23 FEET TO A POINT IN THE CENTERLINE OF ILLINOIS ROUTE 34;THENCE SOUTH 46 DEGREES 33 MINUTES 17 SECONDS WEST 1350.80 FEET ALONG SAID CENTERLINE OF ILLINOIS ROUTE 34 TO THE INTERSECTION OF THE CENTERLINE OF BRISTOL ROAD;THENCE NORTH 37 DEGREES 39 MINUTES 00 SECONDS WEST 1781.63 FEET ALONG SAID CENTERLINE OF BRISTOL ROAD TO THE POINT OF BEGINNING. PARCEL NO. 3: THAT PART OF SECTIONS FOURTEEN (14)AND TWENTY-THREE(23),ALL IN TOWNSHIP THIRTY-SEVEN (37) NORTH, RANGE SEVEN(7) EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY CORNER OF STRUKEL'S PARADISE LAKE UNIT NO. 1, (SAID POINT ALSO BEING THE INTERSECTION OF THE CENTERLINE OF BRISTOL ROAD AND THE CENTERLINE OF KENNEDY ROAD),AS SHOWN ON THE SUBDIVISION PLAT OF STRUKEUS PARADISE LAKE UNIT NO. 1, RECORDED AS DOCUMENT#71-215;THENCE NORTH 60 DEGREES 17 MINUTES 26 SECONDS EAST 724.86 FEET ALONG.THE CENTERLINE OF KENNEDY ROAD TO THE POINT OF CURVATURE OF A 1094:72 FOOT RADIUS CURVE TO THE LEFT;THENCE NORTHEASTERLY 631.18 FEET ALONG SAID.CURVE WHOSE CHORD BEARS NORTH 43 DEGREES 46 MINUTES 24 SECONDS EAST.622.47 FEET TO THE POINT OF TANGENCY OF SAID CURVE;THENCE NORTH 27 DEGREES 15 MINUTES 21 SECONDS EAST 11.57 FEET ALONG SAID CENTERLINE FOR THE POINT OF BEGINNING;THENCE CONTINUE NORTH 27,DEGREES 15 MINUTES 21 SECONDS EAST 551.92 FEET ALONG SAID CENTERLINE TO A POINT;THENCE SOUTH 45 DEGREES 56 MINUTES 15 SECONDS EAST-'I-501:9G-FEET,-- -- ALONG AN EXISTING FENCE LINE TO A POINT;THENCE SOUTH 35 DEGREES 48 MINUTES 56 f' SECONDS EAST 2104.69 FEET ALONG SAID FENCE LINE TO A POINT IN THE CENTERLINE OF ILLINOIS ROUTE 34;THENCE SOUTH 46 DEGREES 33 MINUTES 17 SECONDS WEST 652.28 FEET ALONG SAID CENTERLINE TO A POINT;THENCE NORTH 37 DEGREES 39 MINUTES 00 SECONDS WEST 3421.68 FEET TO THE POINT OF BEGINNING. ALSO:ALL THAT PART OF ROUTE 34, KENNEDY ROAD AND BRISTOL RIDGE ROAD ADJOINING SAID PARCELS. "STEINBRECHER FARM A" Parcel for Zoning Map PARCEL ONE: THAT PART OF SECTIONS 15,22 AND 23, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH AND SOUTH CENTERLINE OF SAID SECTION 15 WITH THE TANGENT OF THE CENTERLINE OF STATE AID ROUTE 20 AS ESTABLISHED BY INSTRUMENT RECORDED MAY 12, 1952 AS DOCUMENT 125479; THENCE WESTERLY ALONG SAID TANGENT 185.32 FEET; THENCE SOUTH 17 DEGREES 20 MINUTES 0 SECONDS EAST TO THE CENTERLINE OF SAID STATE AID ROUTE 20; THENCE SOUTH 17 DEGREES 20 MINUTES 0 SECONDS EAST 1303.46 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 17 DEGREES 20 MINUTES 0 SECONDS WEST 113.8 FEET;THENCE SOUTH 77 DEGREES 08 MINUTES 0 SECONDS WEST 428.4 FEET; THENCE NORTH 17 DEGREES 28 MINUTES 0 SECONDS WEST 1370.9 FEET TO THE CENTERLINE OF STATE AID ROUTE 20; THENCE NORTH 81 DEGREES 05 MINUTES 0 SECONDS WEST ALONG SAID CENTERLINE 254.26 FEET TO A POINT 194.7 FEET EASTERLY AS MEASURED ALONG SAID CENTERLINE OF THE NORTHEAST CORNER OF ERICKSON'S SUBDIVISION;THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID ERICKSON'S SUBDIVISION, 462 FEET; THENCE WESTERLY PARALLEL WITH THE CENTERLINE OF SAID ROAD 194.7 FEET TO THE EASTERLY LINE OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHEAST CORNER OF SAID SUBDIVISION;THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID SUBDIVISION AND SAID LINE EXTENDED 1785.3 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15;THENCE SOUTH 0 DEGREES 55 MINUTES 0 SECONDS EAST ALONG SAID WEST LINE 904 FEET; THENCE NORTH 88 DEGREES 03 MINUTES 0 SECONDS EAST 1629 FEET; THENCE SOUTH 36 DEGREES 11 MINUTES 0 SECONDS EAST 2187 FEET; THENCE SOUTH 39 DEGREES 18 MINUTES 0 SECONDS EAST 3776.7 FEET TO THE CENTERLINE OF U. S. ROUTE 34; THENCE NORTHEASTERLY ALONG SAID CENTERLINE 1353 FEET TO THE SOUTHWEST CORNER OF UNIT THREE, RIVER RIDGE;THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID UNIT THREE, RIVER RIDGE AND ALONG THE SOUTHWESTERLY LINE OF UNIT TWO, RIVER RIDGE 2686 FEET TO THE NORTHWEST CORNER OF SAID UNIT TWO, RIVER RIDGE; THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID UNIT TWO, RIVER RIDGE AND ALONG THE NORTHWESTERLY LINE OF UNIT ONE, RIVER RIDGE 824.42 FEET TO THE CENTERLINE OF STATE AID ROUTE 20; THENCE NORTHWESTERLY ALONG SAID CENTERLINE 1886.5 FEET TO A LINE DRAWN NORTH 69 DEGREES 10 MINUTES 0 SECONDS EAST FROM THE POINT OF BEGINNING;THENCE SOUTH 69 DEGREES 10 MINUTES 0 SECONDS WEST 1084.7 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPT FROM SAID PARCEL THAT PART LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF STRUKEUS PARADISE LAKE UNIT 1; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID STRUKEL'S PARADISE LAKE UNIT 1, BEING THE CENTERLINE OF BRISTOL RIDGE ROAD, ON A BEARING OF NORTH 37 DEGREES 10 MINUTES 58 SECONDS WEST WHICH IS THE BASIS OF BEARINGS FOR THE DESCRIPTION OF THIS LINE, A DISTANCE OF 215.76 FEET; THENCE SOUTH 47 DEGREES 53 MINUTES 15 SECONDS WEST 54.82 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 445 Z6EETFNAVING CHORD BEARING OF SOUTH 64 DEGREES 20 MINUTES 37 SECONDS WEST,A _ i DISTANCE OF 354.19 FEET; THENCE NORTH 80 DEGREES 01 MINUTES 36 SECONDS WEST 49.79 FEET; THENCE NORTH 02 DEGREES 23 MINUTES 32 SECONDS EAST 33.60 FEET; THENCE NORTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 31.16 FEET, HAVING A CHORD BEARING OF NORTH 46 DEGREES 51 MINUTES 02 SECONDS WEST,A DISTANCE OF 18.07 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 340.28 FEET, HAVING A CHORD BEARING OF NORTH 77 DEGREES 03 MINUTES 16 SECONDS WEST,A DISTANCE OF 126.72 FEET;THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 442.47 FEET, HAVING A CHORD BEARING OF NORTH 77 DEGREES 26 MINUTES 27 SECONDS WEST,A DISTANCE OF 164.23 FEET; THENCE NORTH 53 DEGREES 57 MINUTES 04 SECONDS WEST 36.90 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 46.51 FEET, HAVING A CHORD BEARING OF SOUTH 78 DEGREES 44 MINUTES 27 SECONDS WEST, A DISTANCE OF 65.15 FEET; THENCE SOUTH 46 DEGREES 05 MINUTES 42 SECONDS WEST 122.26 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 434.59 FEET, HAVING A CHORD BEARING OF SOUTH 79 DEGREES 06 MINUTES 50 SECONDS WEST,A DISTANCE OF 298.16 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 150.96 FEET, HAVING A CHORD BEARING OF SOUTH 86 DEGREES 13 MINUTES 36 SECONDS WEST,A DISTANCE OF 122.06 FEET; THENCE SOUTH 83 DEGREES 16 MINUTES 31 SECONDS WEST 45.04 FEET; THENCE SOUTH 71 DEGREES 30 MINUTES 59 SECONDS WEST 135.54 FEET;THENCE SOUTH 54 DEGREES 04 MINUTES 01 SECONDS WEST 46.27 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 165.37 FEET, HAVING A CHORD BEARING OF SOUTH 78 DEGREES 12 MINUTES 25 SECONDS WEST,A DISTANCE OF 144.86 FEET; THENCE NORTH 74 DEGREES 26 MINUTES 06 SECONDS WEST 180.59 FEET; THENCE NORTH 65 DEGREES 26 MINUTES 38 SECONDS WEST 30.99 FEET; THENCE NORTH 50 DEGREES 48 MINUTES 59 SECONDS WEST 62.50 FEET; THENCE NORTH 82 DEGREES 06 MINUTES 35 SECONDS WEST 133.31 FEET; THENCE SOUTH 69 DEGREES 00 MINUTES 05 SECONDS WEST 67.58 FEET;THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 188.30 FEET, HAVING A CHORD BEARING OF NORTH 89 DEGREES 37 MINUTES 05 SECONDS WEST,A DISTANCE OF 166.22 FEET; THENCE NORTH 53 DEGREES 11 MINUTES 25 SECONDS WEST 69.55 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 187.57 FEET, HAVING A CHORD BEARING OF SOUTH 73 DEGREES 52 MINUTES 21 SECONDS WEST,A DISTANCE OF 164.84 FEET; THENCE SOUTH 41 DEGREES 39 MINUTES 54 SECONDS WEST 112.92 FEET; THENCE SOUTHWESTERLY 21.13 FEET, MORE OR LESS, TO A POINT IN THE WESTERLY LINE OF SAID PARCEL, SAID POINT BEING 1,272.16 FEET NORTHWESTERLY OF THE CENTERLINE OF KENNEDY ROAD AS MEASURED ALONG SAID WESTERLY LINE, FOR THE TERMINUS OF SAID LINE. ALSO INCLUDING:ALL THAT PART OF BRISTOL RIDGE ROAD AND KENNEDY ROAD, ADJOINING SAID PARCEL,AND NOT PREVIOUSLY ANNEXED BY ANY MUNICIPALITY. a 1 "TUCEK" Annexation Parcel THAT PART OF THE SOUTHEAST QUARTER OF SECTION 2, PART OF THE NORTHEAST QUARTER OF SECTION 11 AND PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 2;THENCE SOUTH 89 DEGREES 28 MINUTES 21 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 12, 99.96 FEET; THENCE SOUTH 2 DEGREES 26 MINUTES 28 SECONDS EAST 2654.27 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID.SECTION 12, 236.28 FEET EAST OF THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER;THENCE NORTH 89 DEGREES 28 MINUTES 58 SECONDS WEST ALONG SAID SOUTH LINE 236.28 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER;THENCE NORT14 89 DEGREES 31 MINUTES 16 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11,2028.27 FEET TO THE EXTENSION SOUTHERLY OF THE EASTERLY LINE OF LOT 1 OF STORYBOOK HIGHLANDS,A SUBDIVISION IN SAID SECTION 11;THENCE NORTH 1 DEGREE 06 MINUTES 53 SECONDS EAST ALONG SAID EXTENDED LINE 1030.0 FEET;THENCE SOUTH 89 DEGREES 06 MINUTES 37 SECONDS EAST 239.40 FEET;THENCE NORTH 1 DEGREE 06 MINUTES 53 SECONDS EAST 872.93 FEET TO THE CENTERLINE OF CANNONBALL TRAIL;THENCE NORTH 66 DEGREES 09 MINUTES 20 SECONDS EAST ALONG SAID CENTERLINE 898.31 FEET;THENCE NORTHEASTERLY ALONG SAID CENTERLINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2290.82 FEET,A DISTANCE OF 495.34 FEET;THENCE NORTH 53 DEGREES 46 MINUTES EAST ALONG SAID CENTERLINE 654.29 FEET TO THE EAST LINE OF SAID SECTION 2;THENCE SOUTH 0 DEGREES 30 MINUTES 10 SECONDS WEST ALONG SAID EAST LINE 262.54 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. ALSO:ALL THAT PART OF GALENA ROAD ADJOING SAID PARCEL. EXCEPT THEREFROM ANY PART PREVIOUSLY ANNEXED BY ANY MUNICIPALITY. "HANDKE" Annexation Parcel THAT PART OF THE SOUTHEAST QUARTER OF SECTION 11,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER;THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER 2029.92 FEET TO THE EAST LINE OF LOT 5 OF SAID SECTION 11;THENCE SOUTHERLY ALONG SAID EAST LINE 1469.90 FEET TO THE CENTERLINE OF MILL ROAD;THENCE SOUTHEASTERLY ALONG SAID CENTERLINE 1039.40 FEET TO A TRACT OF LAND CONVEYED TO COMMONWEALTH EDISON COMPANY BY TRUSTEE'S DEED RECORDED JUNE 28, 1973 AS DOCUMENT 73-3089;THENCE NORTHEASTERLY ALONG SAID NORTHERLY LINE 1062.36 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER;THENCE NORTHERLY ALONG SAID EAST LINE 1489.22 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL-COUNTY, ILLINOIS. ALSO:ALL THAT PART OF MILL ROAD ADJOINING SAID PARCEL. G 4 i "STEINBRECHER FARM B" North Annexation Parcel PARCEL TWO: THAT PART OF THE SOUTH HALF OF SECTION 11 AND PART OF THE NORTHWEST QUARTER OF SECTION 14,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 11;THENCE SOUTH 0 DEGREES 57 MINUTES 0 SECONDS WEST 442 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD;THENCE NORTH 75 DEGREES 17 MINUTES 0 SECONDS EAST 1728 FEET ALONG SAID RIGHT OF WAY LINE TO THE SOUTH LINE OF SECTION 11;THENCE SOUTH 89 DEGREES 53 MINUTES 0 SECONDS EAST 1001.25 FEET ALONG THE SOUTH LINE OF.SAID SECTION 11 TO THE SOUTHEAST CORNER OF THE WEST HALF OF SAID SECTION 11;THENCE NORTH 89 DEGREES 54 MINUTES 0 SECONDS EAST 1339.5 FEET ALONG THE SOUTH LINE OF SAID SECTION 11 TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 11;THENCE NORTH 0 DEGREES 40 MINUTES 0 SECONDS EAST 977.5 FEET TO THE CENTERLINE OF THE HIGHWAY; THENCE NORTH 74 DEGREES 15'MINUTES 0 SECONDS WEST 727.2 FEET ALONG SAID CENTERLINE;THENCE NORTH 79 DEGREES 10 MINUTES 0 SECONDS WEST 2877.4 FEET ALONG SAID CENTERLINE TO THE CENTERLINE OF A NORTH AND SOUTH HIGHWAY; THENCE SOUTH 7 DEGREES 7 MINUTES 0 SECONDS EAST 364.8 FEET ALONG THE CENTER OF SAID NORTH AND SOUTH HIGHWAY;THENCE NORTH 89 DEGREES 47 MINUTES 0 SECONDS WEST 503.33 FEET TO THE WEST LINE OF SAID SECTION 11;THENCE SOUTH 0 DEGREES 52 MINUTES 0 SECONDS WEST ALONG'SAID WEST LINE 1327.6 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART OF RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD RUNNING THROUGH SECTION 11 AFORESAID AND ALSO EXCEPT THE FOLLOWING DESCRIBED PREMISES:THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14,•TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14;THENCE SOUTHERLY ALONG THE WEST LINE OF SAID SECTION.14, 7.5 FEET FOR A POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID WEST LINE OF SAID SECTION 14,434.5 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD;THENCE NORTH 75 DEGREES 17 MINUTES 0 SECONDS EAST 876 FEET ALONG SAID NORTH RIGHT OF WAY LINE TO THE CENTER OF THE BRISTOL-AURORA ROAD; THENCE NORTH 8 DEGREES 28 MINUTES 0 SECONDS WEST ALONG SAID CENTERLINE 212.11 FEET TO A LINE DRAWN PARALLEL WITH AND 7.5 FEET SOUTH OF AND NORMALLY DISTANT FROM THE NORTH LINE OF SAID SECTION 14;THENCE NORTH 89 DEGREES 53 MINUTES 0 SECONDS WEST ALONG SAID PARALLEL LINE 812.5 FEET TO THE POINT OF BEGINNING,AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14;THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 14,A DISTANCE OF 442.0 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD (FORMERLY THE CHICAGO, BURLINGTON AND QUINCY RAILROAD);THENCE NORTHEASTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID RAILROAD A DISTANCE OF 876 FEET TO THE CENTERLINE OF KENNEDY ROAD FOR A POINT OF BEGINNING;THENCE CONTINUING NORTHEASTERLY ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD,A DISTANCE OF 849.68 FEET TO THE NORTH LINE OF SAID SECTION 14 BEING ALSO THE SOUTH LINE OF SAID SECTION 11;THENCE CONTINUING NORTHEASTERLY ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD,A DISTANCE OF 2419.37 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 11; THENCE NORTHERLY ALONG THE EAST LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER OF SECTION.11,A DISTANCE OF 197.04 FEET TO THE INTERSECTION OF SAID LINE WITH A LINE DRAWN-1 90 FEET NORTHWESTERLY OF, MEASURED AT RIGHT ANGLES TO,AND PARALLEL WITH THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD; 1 THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE,A DISTANCE OF 3189.33 FEET_T.01___,,..__, THE SOUTH LINE OF SAID SECTION 11, BEING ALSO THE NORTH-LINEOf SAID-SECTION 14; THENCE CONTINUING SOUTHWESTERLY ALONG SAID PARALLEL LINE,A DISTANCE OF 107.78 FEET TO THE CENTERLINE OF KENNEDY ROAD;THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID ROAD,A DISTANCE OF 191.52 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. ALSO EXCEPT FROM SAID PARCEL THAT PART LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF SAID BURLINGTON NORTHERN RAILROAD. PARCEL THREE: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 10 AND PART OF THE SOUTHWEST QUARTER OF SECTION 11,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE-THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SECTION LINE 79 FEET NORTH OF SOUTHEAST CORNER OF SAID SECTION 10 (SAID POINT BEING IN THE CENTER OF BLACKBERRY CREEK);THENCE NORTHWESTERLY ALONG THE CENTER OF SAID CREEK TO THE'NORTH LINE OF THE SOUTHEAST QUARTER OF THE.SOUTHEAST QUARTER OF SAID SECTION 10;THENCE SOUTH 89 DEGREES 55 MINUTES 0 SECONDS WEST ALONG SAID NORTH LINE 239 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10;THENCE NORTH 0 DEGREES 41 MINUTES 0 SECONDS EAST ALONG THE EIGHTY LINE 636.3 FEET TO THE CENTER OF THE ROAD;THENCE SOUTH 67 DEGREES 42 MINUTES 0 SECONDS EAST ALONG THE CENTERLINE OF SAID ROAD 304 FEET;THENCE SOUTH 74 DEGREES 38 MINUTES 0 SECONDS EAST ALONG SAID CENTERLINE 451.7 FEET; THENCE NORTH 67 DEGREES 3 MINUTES 0 SECONDS EAST ALONG SAID CENTERLINE 600.7 FEET TO A LINE DRAWN PARALLELWITH AND 66 FEET WEST OF,AS MEASURED AT RIGHT ANGLES THERETO, THE SECTION LINE,THENCE SOUTH 0 DEGREES 52 MINUTES 0 SECONDS WEST 66 FEET WEST ALONG PARALLEL LINE 502.2.FEET;THENCE SOUTH 89 DEGREES 47 MINUTES 0 SECONDS EAST 393.33 FEET TO THE WEST LINE OF THE SCHOOL PROPERTY;THENCE SOUTH 7 DEGREES 7 MINUTES 0 SECONDS EAST ALONG THE WEST LINE OF THE SCHOOL LOT 129.8 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11;THENCE NORTH 89 DEGREES 57 MINUTES 0 SECONDS WEST ALONG SAID SOUTH LINE 342.33 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE SOUTH O:DEGREES 52 MINUTES 0 SECONDS WEST ALONG THE SECTION LINE 1248.6 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY,_ILLINOIS. ALSO:ALL THAT PART OF MILL ROAD, KENNEDY ROAD AND GALENA ROAD ADJOINING SAID PARCELS. ..... ..... 1 G 20030),;0 li) c 64 Filed for Record in l KENDALL COUNTY ILLINOIS PAUL ANDERSON a 09-11-coo-2 At 12:04 P-M. ANNEX AGREE 151.00 ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Grande Reserve Subdivision) THIS ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT ("Agreement"), is made and entered as of the ' `day of, a , 2003, by and between MPI-2 YORKVILLE NORTH LLC (Owner of the Tucek, Handke and Steinbrecher Farm `B" parcel north of the Burlington Northern railroad tracks), MPI-2 YORKVILLE CENTRAL LLC (Owner of Parcel #02-11-300-005 Steinbrecher Farm `B" parcel south of the Burlington Northern railroad tracks, Inland parcel, and Konicek parcels), and MPI-2 YORKVILLE SOUTH I LLC (Owner of the Steinbrecher Farm "A") (hereinafter collectively referred to as "OWNERS") and MPI-2 YORKVILLE NORTH LLC, MPI-2 YORKVILLE CENTRAL LLC, and MPI-2 YORKVILLE SOUTH I LLC (hereinafter collectively referred to as "DEVELOPER"), all Illinois Limited Liability Companies, 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". 1 P 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 for the purposes of developing one contiguous planned unit development (PUD) known as the Grande Reserve Subdivision. 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 as a PUD under the R-2 One-Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance") with a Special Use for said Planned Unit Development as depicted on the zoning plat attached hereto and incorporated herein as Exhibit `B", to be developed with single-family detached, townhome, two-family, and apartment residences and a commercial area with the B3 permitted uses identified in Exhibit D10, as depicted on the Concept PUD Plan attached hereto and incorporated herein as Exhibit"C". E. All public hearings, as required by law, have been duly held by the appropriate hearing bodies of the CITY upon the matters covered by this Agreement. The Plan Commission conducted a public hearing regarding the requested zoning and conceptual site plan on October 9, 2002 and October 16, 2002. The Plan Commission concluded their deliberations on this case at their December 11, 2002 meeting. City Council conducted the public hearing on the annexation agreement on April 29, 2003. F. The CITY and OWNERS and DEVELOPER have given all appropriate notices due to be given pursuant to applicable provisions of the Illinois Compiled Statutes and the City Code. 2 a r G. The Corporate Authorities, after due and careful consideration, have concluded that the Execution of the Annexation Agreement and Planned Unit Development Agreement subject to the terms and provisions of this Agreement, and the rezoning, subdivision and development of the SUBJECT PROPERTY as provided for herein, will inure to the benefit and improvement of the CITY in that it will increase the taxable value of the real property within its corporate limits, promote the sound planning and development of the CITY and will otherwise enhance and promote the general welfare of the people of the CITY. H. (i) Each party agrees that it is in the best interests of the OWNERS and DEVELOPER and the CITY to annex and develop the SUBJECT PROPERTY described in the Attached Exhibit "A" as a Planned Unit Development (PUD) establishing a unique character through the provision of a mix of residential uses in conformance with the United City of Yorkville Comprehensive Plan within a master planned community including neighborhoods of varying densities and architectural controls, open spaces totaling over 352.48 acres and a carefully integrated commercial use and through the provision of orderly flow of traffic within the development and to adjoining real property. (ii) Each party agrees that it is in the best interest of the local governmental bodies affected and the OWNERS and DEVELOPER to provide for specific 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 real property. 3 ' n/,, Thi SUBJECT PROPERTY is contiguous to the corporate boundaries of the CITY. I. It is the desire of the CITY, and the OWNERS and DEVELOPER that the development and use of the SUBJECT PROPERTY proceed as conveniently as may be, in accordance with the terms and provisions of this Agreement, and be subject to the applicable ordinances, codes and regulations of the CITY now in force and effect, except as otherwise provided in this Agreement. J. The OWNERS and DEVELOPER and their representatives have discussed the proposed annexation and have had public hearings with the Plan Commission and the City Council, and prior to the execution hereof, notice was duly published and a public hearing was held to consider this Agreement, as required by the statutes of the State of Illinois in such case made and provided. NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants and agreements contained herein, the Parties hereto agree to enter into this Agreement and to supplement and in addition to the Petition for Zoning and Annexation and drawings submitted therewith, including the Concept PUD Plan, attached hereto as Group Exhibit "C" and a detailed Concept PUD Plan Exhibits, attached hereto as Group Exhibit "D" to 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. 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 under the R-2 One- Family Residence District provisions of the City Zoning Ordinance ("Zoning Ordinance") with 4 a -a °Special 'T ir-a--Ptdiined Unit Development with single-family, townhome, duplex, and apartment residences and a commercial area as shown on the Concept PUD Plan attached hereto as Group Exhibit "C" and a detailed Concept PUD Plan, attached hereto as Group Exhibit "D". The zoning map of the CITY shall thereupon be modified to reflect the classifications of the SUBJECT PROPERTY as aforesaid. 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 Concept PUD Plan (Group Exhibit"C") and detailed Concept PUD Plan Exhibits (Group Exhibit"D"). 3. VARIATIONS FROM LOCAL CODES. The specific modifications and deviations from the CITY's ordinances, rules, and codes as set forth in Exhibit "E", Exhibit"E1", Exhibit "E2" and Exhibit "E3" attached hereto have been requested, approved and are permitted with respect to the development, construction, and use of the SUBJECT PROPERTY ("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 as outlined in Exhibit "I" (Utilities and Public Improvements) except as otherwise provided in this Agreement. The CITY shall have the sole responsibility of obtaining any off-site easements for water distribution along US Route 34 and Galena Road and responsibility for off-site street related improvements as outlined in Exhibit"I". In the event the CITY can not obtain the necessary off-site easements for the extension of the watermains, the DEVELOPER shall be allowed to build and operate the water system for the SUBJECT PROPERTY until such time that the CITY is able to obtain the said easements. 5 5. SECURITY INSTRUMENTS. A. Posting Security. OWNERS and DEVELOPER shall deposit, or cause to be deposited, with the CITY such irrevocable letters of credit or surety bonds ("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 as are required by applicable ordinances of the CITY. The DEVELOPER shall have the sole discretion, subject to compliance with Illinois Compiled Statutes, 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 OWNER and DEVELOPER as part of a special service area shall require OWNER and DEVELOPER to post a one-year maintenance bond after acceptance by the CITY of said public improvements. Perimeter roadways and onsite improvements may be dedicated, constructed, and/or bonded as independent Phases of Development at the sole discretion of the DEVELOPER. 6 ,.O-OK B. cue of Underground Improvements and Streets. Upon completion and inspection of underground improvements, streets, and/or related improvements in each Phase of Development; 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, however in no instance shall public improvements be accepted until at least 70% of the units within the phase of development have been constructed. C. Transfer and Substitution. Upon the sale or transfer of any portion of the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be released from the obligations secured by its Security Instruments for public improvements upon the submittal and acceptance by the CITY of a substitute Security Instrument approved by the CITY, securing the costs of the improvements set forth therein. 6. 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, homeowners association open space areas) in each Phase of Development; 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 7 remaining in 11acue,44,' a one year period from the date of acceptance by the CITY, in conformance with the City Subdivision Control Ordinance. 7. AMENDMENTS TO ORDINANCES. All ordinances, regulations, and codes of the CITY, including, without limitation those pertaining to subdivision controls, zoning, storm water management and drainage, comprehensive land use plan, and related restrictions, as they 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 eight (8) 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 eight (8) year period. The CITY shall give the OWNERS and DEVELOPER a six (6) month grace period from the date they are notified of any changes to the ordinances, regulations, and codes of the CITY in order to comply with the new regulations. After said eight (8) 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 eight (8) year period, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of residential building lots herein approved for the SUBJECT PROPERTY, alter or eliminate any of the ordinance variations provided for herein, nor result in any subdivided lot or structure constructed within the SUBJECT PROPERTY being classified as non-conforming under any ordinance of the CITY. The foregoing to the contrary notwithstanding, in the event the CITY is required to modify, amend or enact any ordinance or regulation and to apply the same to the SUBJECT PROPERTY pursuant to the express and specific mandate of any 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 8 °any°irnprove ; i ings, 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. 8. BUILDING CODE. The building codes for the CITY in effect as of the date of this Agreement are as set forth 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. 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 9 E 9 Y {. a t date cif thls 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 Section III of Exhibit "E" attached hereto. 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. 9. FEES AND CHARGES. During the first eight (8) 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 in such amount or at such rate, as are in effect on the date of this Agreement and as is 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 "F". At the expiration of this eight 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. 10. 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. 11. SCHOOL AND PARK DONATIONS. OWNERS and DEVELOPER shall be responsible for making the contributions outlined in Exhibit "Hl" and Exhibit "H?' 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 SUBJECT PROPERTY in the manner provided for under this Agreement. 10 Following the date of this Agreement and through the date of the issuance of the final occupancy permit for the SUBJECT PROPERTY, OWNERS and DEVELOPER shall be entitled to construct, maintain and utilize offsite subdivision identification, marketing and location signs at such locations within the corporate limits of the CITY as OWNERS and DEVELOPER may designate (individually an "Offsite Sign" and collectively the "Offsite Signs") subject to sign permit review and issuance by the CITY. Offsite Signs will not be located on public right-of-way. OWNERS and DEVELOPER shall be responsible, at its expense, for obtaining all necessary and appropriate legal rights for the construction and use of each of the Offsite Signs. Each Offsite Sign may be illuminated subject to approval by the CITY. In addition to the Offsite Signs, DEVELOPER shall be permitted to construct, maintain and utilize signage upon the SUBJECT PROPERTY as identified in Exhibit "J" and Exhibit"J 1" attached hereto. 13. MODEL HOMES, PRODUCTION UNITS, SALES TRAILERS AND CLUBHOUSE. During the development and build out period of the SUBJECT PROPERTY (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 SUBJECT PROPERTY staffed with OWNERS' and DEVELOPER's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices for Grande Reserve. The number of such model homes and sales trailers and the locations thereof shall be as from time to time determined or authorized by OWNERS and 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. 11 v ..o sSt paring 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 three (3) 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, 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 or Oswego Fire Protection District.) A final inspection shall be conducted prior to the use of a model home and water 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. OWNERS and DEVELOPER may locate temporary sales and construction trailers upon the SUBJECT PROPERTY during the development and build out of said property, provided any such sales trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the SUBJECT PROPERTY. 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 OWNERS and DEVELOPER shall submit an exhibit of the model trailer site with landscaping and elevations for the City's approval. OWNERS and Developer shall have the right to operate a sales office out of the Clubhouse which shall be located north of neighborhood 12 within the SUBJECT PROPERTY. OWNERS and DEVELOPER hereby agree 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 12 .-47- unit---US WERS and 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. 14. 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 may remain upon the SUBJECT PROPERTY until the issuance of the last final occupancy permit for the SUBJECT PROPERTY. 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. 15. OVERSIZING OF IMPROVEMENTS. In the event oversizing and deepening of public improvements is hereafter requested and properly authorized by the CITY for the purpose of serving property other than the SUBJECT PROPERTY, the CITY shall enter into a Recapture Agreement, as defined in Paragraph 17A hereof, with OWNERS and DEVELOPER providing for the payment of the cost of such oversizing by the owners of properties benefited by the same. The improvements which qualify as oversized and the identity of the benefited properties shall be identified at the time of approval of Final Engineering for each phase of development. A phase could include more than one neighborhood. 16. 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 Concept PUD Plan. 13 17. 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. Each Recapture Agreement shall be substantially in the form as attached hereto and incorporated herein as Exhibit"K". B. Encumbering the SUBJECT PROPERTY. Except as otherwise expressly provided in this Agreement, there are currently no recapture agreements or recapture ordinances affecting public utilities which will be utilized to service the SUBJECT PROPERTY which the CITY has any knowledge of or under which the CITY is or will be required to collect recapture amounts from OWNERS and DEVELOPER, or their successors, upon connection of the SUBJECT PROPERTY to any of such public utilities, nor does the CITY have any knowledge of a pending or contemplated request for approval of any such recapture agreement or ordinance which will effect the SUBJECT PROPERTY. 18. COVENANTS. The OWNERS and DEVELOPER agree to adhere to any city- wide architectural control ordinances that are in place at the time of final platting for each phase of development. In lieu of any architectural control ordinances adopted by the CITY, the OWNERS and DEVELOPER agree to impose covenants, conditions and restrictions relating to fagade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. The design standards for the villas, two-family, townhome, apartment neighborhoods and commercial area are attached hereto and described in Exhibit "D5". Further, 14 d IT OWNERS and DEVELOPER agree to follow the anti-monotony policy of the CITY regarding the exterior elevations of the buildings such that no single-family detached homes with the same building elevations can be constructed next to, across the street, or catty-corner from another like building elevation. The OWNERS and 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 SUBJECT PROPERTY, and other obligations as determined at the time of final platting and as referenced in Section 19 of this agreement. 19. HOMEOWNERS ASSOCIATION AND DORMANT SPECIAL SERVICE AREA (DSSA). A. Homeowners Association. OWNERS and DEVELOPER shall establish through a declaration of covenants, conditions and restrictions, a Homeowners Association ("Association") of all lot owners within the SUBJECT PROPERTY and a mandatory membership of all lot owners in the Association. The Association shall have the primary responsibility and duty to carry out and pay for the Common Facilities Maintenance through assessments levied against all dwelling units within the SUBJECT PROPERTY. 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 will be responsible for the regular care, maintenance, renewal and replacement of the Common Facilities including stormwater detention areas and without limitation, the mowing and fertilizing of grass, pruning and trimming of trees and bushes, removal and replacement of diseased or dead landscape materials, and the repair and replacement of fences and monument signs, so as to keep the same in a clean, sightly and first class condition, and shall utilize the Association to provide sufficient funds to defray the costs of such maintenance and to establish reserve funds for future repairs and replacements. 15 _ t M B -----Neighborhood One Requirements. The minimum Homeowners Association Dues for Neighborhood One shall be no less than $150.00 per month. In addition to the terms of this agreement, said requirement for Neighborhood One shall be contained in the Covenants, Conditions and Restrictions for Neighborhood One. The Homeowners Association for Neighborhood One, shall also be required to pay for and perform all maintenance, repair and snowplowing of cul-de-sacs within said neighborhood which are private roadways. The main ring road within Neighborhood One and both access roads shall be public roads. The Homeowners Association for Neighborhood One does not have any maintenance, repair or snowplowing obligation for the public roads. C. Neighborhoods Three Five, Six and Seven Requirements. The Homeowners Association(s) for Neighborhoods Three, Five, Six and Seven shall be required to pay for and perform all snowplowing of cul-de-sacs within said Neighborhoods, even though all roads within Neighborhoods Three, Five, Six and Seven shall be public roads. The Homeowners Association(s) for Neighborhoods Three, Five, Six and Seven does not have any snowplowing obligations for the remaining roadway areas within these neighborhoods. D. Dormant Special Service Area. OWNERS and DEVELOPER agree to the CITY enacting at the time of final plat approvals a Dormant Special Service Area (DSSA) to act as a back up in the event that the Homeowner's Association fails to maintain the private common areas, detention ponds, perimeter landscaping features, and entrance signage within the SUBJECT PROPERTY. 20. ESTABLISHMENT OF SPECIAL SERVICE AREA AS PRIMARY FUNDING MECHANISM FOR INSTALLATION OF PUBLIC IMPROVEMENTS. At the OWNERS' and DEVELOPER's request, the CITY will agree to establish a special service area ("SSA") in an amount not less than $30,000,000.00 or greater than $60,000,000.00 to be utilized as a primary funding mechanism for installation of public improvements. The CITY and DEVELOPER shall cooperate in good faith to identify and agree on an appropriate structure for the financing, which the CITY and DEVELOPER currently believe will consist of a special service area pursuant to 35 ILCS 200/27-5 et seq., but which may be authorized and 16 e implemented under other legal frameworks acceptable to the CITY and DEVELOPER. The burden of the assessment is limited to and shall be paid by only those future property owners within the SUBJECT PROPERTY. OWNER and DEVELOPER agree to establish a customer service line and shall educate subsequent sales staff personnel and the public regarding any special service area established pursuant to 35 ILCS 200/27-5 et se ., the cost of which shall be included in any administrative fee associated with the special service area. 21. ONSITE EASEMENTS AND IMPROVEMENTS. In the event that during the development of the SUBJECT PROPERTY, OWNERS and DEVELOPER determine that any existing utility easements and/or underground lines require relocation to facilitate the completion of DEVELOPER's obligation for the SUBJECT PROPERTY in accordance with the Concept PUD 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 Concept PUD Plan and in this Agreement, the CITY shall fully cooperate with OWNERS and DEVELOPER in vacating and relocating such easement and utility facilities located therein, which costs shall be borne by OWNERS and DEVELOPER. 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 therein 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 DEVELOPER as stated in Exhibit I, the CITY agrees to be the lead agency in the relocation of those utilities. Upon OWNER and DEVELOPER's request, the CITY will make the request to have overhead utilities relocated. In the event there is a cost to the DEVELOPER associated with burying what had been overhead utility lines, the DEVELOPER shall have the right to make the determination as to whether the utility lines will be buried or re-located overhead. 17 1 k � r Q 22—_ CONNECTION. OWNERS and DEVELOPER shall develop the SUBJECT PROPERTY as a subdivision to be commonly known as the Grande Reserve Subdivision 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. 23. CONFLICT IN REGULATIONS. The provisions of this Agreement shall supersede the provisions of any ordinance, code, or regulation of the CITY which may be in conflict with the provisions of this Agreement. 24. 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 ap- propriate 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 foregoing to the contrary notwithstanding, the obligations and duties of OWNERS and DEVELOPER hereunder shall not be deemed transferred to or assumed by any purchaser of a empty lot or a lot improved with a dwelling unit who acquires the same for residential occupation, unless otherwise expressly agreed in writing by such purchaser. is - C T ment contains all the terms and conditions agreed upon by the parties hereto and no other prior agreement, regarding the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the terms and conditions of this Agreement, including the payment of any fees, have been reached through a process of good faith negotiation, both by principals and through counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of them. D. Notices. Notices or other materials which any party is required to, or may wish to, serve upon any other party in connection with this Agreement shall be in writing and shall be deemed effectively given on the date of confirmed telefacsimile transmission, on the date delivered personally or on the second business day following the date sent by certified or registered mail, return receipt requested, postage prepaid, addressed as follows: (I) If to OWNERS or MPI-2 Yorkville North LLC DEVELOPER: MPI-2 Yorkville Central LLC MPI-2 Yorkville South I LLC MPI-2 Yorkville South II LLC 6880 N.Frontage Road, Ste. 100 Burr Ridge, IL 60527 Attn: Anthony R. Pasquinelli with copies to: Moser Enterprises, Inc. 5th Avenue Station 300 East 5th Avenue, Suite 430 Naperville, IL 60563 Attn: Art Zwemke John F. Philipchuck, Esq. Dommermuth, Brestal, Cobine &West, Ltd. 123 Water Street Naperville, IL 60566-0565 (II) If to CITY: United City of Yorkville Attn: City Clerk 800 Game Farm Road 19 t $ Yorkville, Il 60560 Fax: (630) 553-7575 with a copy to: Daniel J. Kramer,Esq. 1007 Al South Bridge Street Yorkville, It 60560 Fax: (630) 553-5764 or to such other persons and/or addresses as any party may from time to time designate in a written notice to the other parties. E. Severability. This Agreement is entered into pursuant to the provisions of Chapter 65, Sec. 5/11-15.1-1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or designation of this Agreement shall be deemed to be excised from this Agreement and the invalidity thereof shall not effect such portion or portions of this Agreement as remain. In addition, the CITY and OWNERS and DEVELOPER shall take all action necessary or required to fulfill the intent of this Agreement as to the use and development of the SUBJECT PROPERTY. F. Agreement This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the City Code and Illinois Compiled Statutes. This Agreement may be amended by the CITY and the owner of record of a portion of the SUBJECT PROPERTY as to provisions 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. 20 1 £} s tl+ S 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. In the event construction is commenced within said twenty-year period all of the terms of this Agreement shall remain enforceable despite said time limitation, unless modified by written agreement of the CITY and DEVELOPER/OWNERS. J. Captions and 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 OWNERS and 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. 21 s i _ n N. IN' 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 Fox Metro Water Reclamation 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. 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. 22 IN SSWHEEREOF, the parties hereto have set their hands and seals to this Agreement as of the day and year first above written. OWNERS: CITY: MPI-2 YORKVILLE NORTH LLC UNITED CITY OF YORKVILLE, an Illinois Limited Liability Company an Illinois unicipal corporation By: MPI Manager, Inc. By: Its: anager Title: Mayor Attest. Art ur C. Zw mk , Its resident Title: Ci erk Dated: 7 MPI-2 YORKVILLE CENTRAL LLC an Illinois Limited Liability Company By: MPI anager, Inc. t :,,ag,er Arthur C. Zwemke, It re ident Dated: MPI-2 YORKVILLE SOUTH I LLC An Illinois Limited Liability Company By: MPI anager, Inc. Its: anage Arthur C. Zweemke It Pr ident Dated: V DEVELOPERS: MPI-2 YORKVILLE NORTH LLC an Illinois Limited Liability Company By: MPI M nager, Inc. s: a er Arthur C. Zwemk , s res ent Dated: MPI-2 YORKVILLE CENTRAL LLC an Illinois Limited Liability Company By: MPI Manager, Inc. Its:CS NN�j Arthur C. Zwe e, Its P side Dated: V( T C A r- MPI-2 YORKVILLE SOUTH I LLC An Illinois Limited Liability Company By: MPI Manager, Inc. ( N'4' M ger Arthur C. Zwen7ke, Its Presi ent Dated: D t g I V t JL: 77 LIST OF EXHIBITS EXHIBIT "A": Legal Descriptions and Plat of Annexation of SUBJECT PROPERTY EXHIBIT`B": Depiction and Legal Descriptions of Zoning Parcels EXHIBIT"C": Concept PUD Plan (Group Exhibit) EXHIBIT"D": Concept PUD Plan Exhibit for the SUBJECT PROPERTY (Group Exhibit) EXHIBIT"D1": Concept Landscape and Buffering Plan EXHIBIT"D2": Concept Residential Building Elevations EXHIBIT "D3": Park Exhibit EXHIBIT"D4": Bike Path Exhibit EXHIBIT "D5": Design Standards for Two-Family, Townhome, and Apartment Homes in addition to Single-Family Villas within Neighborhood One EXHIBIT "06": Common Facilities EXHIBIT"D7": Transitional Area Open Space Requirements EXHIBIT"08": Transitional Zoning Exhibit (Neighborhoods 2— 8) EXHIBIT"D9": Transitional Area Boundary Exhibit EXHIBIT"Dio": Illustrative Commercial Layout EXHIBIT "E": Permitted Modifications From Bulk and Density Requirements and Design Standards EXHIBIT "El": Permitted Modifications—Neighborhoods 2-19 EXHIBIT `B2": Permitted Modifications—Neighborhood 1 EXHIBIT`B3": Typical Cluster Single Family Detail EXHIBIT "E4": Identification of Requested Block Length Variances EXHIBIT `BS": Reconfiguration of Cul-de-sac in Neighborhood 18 EXHIBIT "F": Fee Schedule EXHIBIT"G": Current City Building Codes EXHIBIT"Hl": School Donation EXHIBIT"H2": Park Donation and Capital Improvement Fees EXHIBIT "H3": Letter from Yorkville School District EXHIBIT "H4": Concept Park Sites EXHIBIT"I": Infrastructure Improvements EXHIBIT"IS-1": Conceptual Sanitary Sewer Plan EXHIBIT "IS-2": Conceptual Drainage Plan EXHIBIT"IS-3": Typical Neighborhood Drainage Detention Facility EXHIBIT "IS-4": Typical Neighborhood Drainage Cross-Section EXHIBIT "IS-5": Typical Neighborhood Drainage Bio-Swale EXHIBIT "IS-6": Typical Neighborhood Drainage Bio-Swale Cross-Section EXHIBIT "IS-7: Stormwater Management Criteria for Grande Reserve EXHIBIT"IW-1": Water Improvement Schedule EXHIBIT"IW-2": Conceptual Watermain Plan EXHIBIT"IW-3": Recovery Area for Galena Water Main Extension EXHIBIT "IR-la": Cost Estimates for Required Roadway Improvements for Grande Reserve C i f EXHIBIT "IR-lb': Cost Estimates for Upgraded Roadway Improvements Based on Existing and Future Off-Site Development GROUP EXHIBIT 44IR-2"—44IR-169': Roadway Cross-Sections &Geometry EXHIBIT"J": Project Signage Table EXHIBIT"J1": Project Signage Details EXHIBIT"J2": Entry Monument Sign Concept and Entry Landscape Concept (Group Exhibit) EXHIBIT"K": Form Recapture Agreement EXHIBIT"L": Right to Farm Disclosure Statement for Final Plats G:\Jobs\265140\PRE_ 07/18/2003 02:15:37 PM,6m i t STEINMECHER FMM B• •STEINBRECHER FMM A' PLAT OF ANNEXATION TO AT r I.h THE UNITED CITY OF YORKVILLE SIX xoHIGEN m„ w.wm sENw(rl uo srta nr nw(o•)mwrcrtw(Ircl uu o[swNEU ns r(oualuK ro.xP:e mxrr-s[w(a,)xonM J♦♦l IS OPU w QT la 2 lot 044 ` "t VILLAGE LIMITS m OF MONTGOMERY A-495.34-(REC) 4•\ TO' 'E uwrt�Et o=S__T w vN« R•2290.82'(REC. 10' 00' awwc 1[+t M..tirtpmT or Hstartaas s r uwo suo Er«1wx To m[Powr ar essNxO. 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ALSO:ALL THAT PART OF MILL ROAD ADJOINING SAID PARCEL. t 1 � ' "STEINBRECH _ _R FARM B" North Annexation Parcel _ PARCEL TWO: THAT PART OF THE SOUTH HALF OF SECTION 11 AND PART OF THE NORTHWEST QUARTER OF SECTION 14,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 11;THENCE SOUTH 0 DEGREES 57 MINUTES 0 SECONDS WEST 442 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD;THENCE NORTH 75 DEGREES 17 MINUTES 0 SECONDS EAST 1728 FEET ALONG SAID RIGHT OF WAY LINE TO THE SOUTH LINE OF SECTION 11;THENCE SOUTH 89 DEGREES 53 MINUTES 0 SECONDS EAST 1001.25 FEET ALONG THE SOUTH LINE OF.SAID SECTION 11 TO THE SOUTHEAST CORNER OF THE WEST HALF OF SAID SECTION 11;THENCE NORTH 89 DEGREES 54 MINUTES 0 SECONDS EAST 1339.5 FEET ALONG THE SOUTH LINE OF SAID SECTION 11 TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 11;THENCE NORTH 0 DEGREES 40 MINUTES 0 SECONDS EAST 977.5 FEET TO THE CENTERLINE OF THE HIGHWAY; THENCE NORTH 74 DEGREES 15'MINUTES 0 SECONDS WEST 727.2 FEET ALONG SAID CENTERLINE;.THENCE NORTH 79 DEGREES 10 MINUTES 0 SECONDS WEST 2877.4 FEET ALONG SAID CENTERLINE TO THE CENTERLINE OF A NORTH AND SOUTH HIGHWAY; THENCE SOUTH 7 DEGREES 7 MINUTES 0 SECONDS EAST 364.8 FEET ALONG THE CENTER OF SAID NORTH AND SOUTH HIGHWAY;THENCE NORTH 89 DEGREES 47 MINUTES 0 SECONDS WEST 503.33 FEET TO THE WEST LINE OF SAID SECTION 11;THENCE SOUTH 0 DEGREES 52 MINUTES 0 SECONDS WEST ALONG'SAID WEST LINE 1327.6 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART OF RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD RUNNING THROUGH SECTION 11 AFORESAID AND ALSO EXCEPT THE FOLLOWING DESCRIBED PREMISES:THAT PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14;THENCE SOUTHERLY ALONG THE WEST LINE OF SAID SECTION 14, 7.5 FEET FOR A POINT OF BEGINNING; THENCE SOUTHERLY ALONG SAID WEST LINE OF SAID SECTION 14, 434.5 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD;THENCE NORTH 75 DEGREES 17 MINUTES 0 SECONDS EAST 876 FEET ALONG SAID NORTH RIGHT OF WAY LINE TO THE CENTER OF THE BRISTOL-AURORA ROAD; THENCE NORTH 8 DEGREES 28 MINUTES 0 SECONDS WEST ALONG SAID CENTERLINE 212.11 FEET TO A LINE DRAWN PARALLEL WITH AND 7.5 FEET SOUTH OF AND NORMALLY DISTANT FROM THE NORTH LINE OF SAID SECTION 14;THENCE NORTH 89 DEGREES 53 MINUTES 0 SECONDS WEST ALONG SAID PARALLEL LINE 812.5 FEET TO THE POINT OF BEGINNING,AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SECTION 14;THENCE SOUTH ALONG THE WEST LINE OF SAID SECTION 14,A DISTANCE OF 442.0 FEET TO THE NORTHWESTERLY RIGHT OF WAY LINE OF THE BURLINGTON NORTHERN RAILROAD (FORMERLY THE CHICAGO, BURLINGTON AND QUINCY RAILROAD);THENCE NORTHEASTERLY ALONG THE NORTHERLY RIGHT OF WAY LINE OF SAID RAILROAD A DISTANCE OF 876 FEET TO THE CENTERLINE OF KENNEDY ROAD FOR A POINT OF BEGINNING;THENCE CONTINUING NORTHEASTERLY ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD,A DISTANCE OF 849.68 FEET TO THE NORTH LINE OF SAID SECTION 14 BEING ALSO THE SOUTH LINE OF SAID SECTION 11;THENCE CONTINUING NORTHEASTERLY ALONG THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD,A DISTANCE OF 2419.37 FEET TO THE EAST LINE OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID,SECTION 11; THENCE NORTHERLY ALONG THE EAST LINE OF SAID WEST HALF OF THE SOUTHEAST QUARTER OF SECTION.11,A DISTANCE OF 197.04 FEET TO THE INTERSECTION OF SAID LINE WITH A LINE DRAWN-1 90 FEET NORTHWESTERLY OF, MEASURED AT RIGHT ANGLES TO,AND PARALLEL WITH THE NORTHWESTERLY RIGHT OF WAY LINE OF SAID RAILROAD; I THENCE SOUTHWESTERLY ALONG SAID PARALLEL LINE,A DISTANCE OF 3189.33 FEET TO THE SOUTH LINE OF SAID SECTION 11, BEING ALSO THE NORTH LINE OF SAID SECTION 14; THENCE CONTINUING SOUTHWESTERLY ALONG SAID PARALLEL LINE,A DISTANCE OF 107.78 FEET TO THE CENTERLINE OF KENNEDY ROAD;THENCE SOUTHEASTERLY ALONG THE CENTERLINE OF SAID ROAD,A DISTANCE OF 191.52 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. ALSO EXCEPT FROM SAID PARCEL THAT PART LYING SOUTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF SAID BURLINGTON NORTHERN RAILROAD. PARCEL THREE: THAT PART OF THE SOUTHEAST'QUARTER OF SECTION 10 AND PART OF THE SOUTHWEST QUARTER OF SECTION 11,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SECTION LINE 79 FEET NORTH OF SOUTHEAST CORNER OF SAID SECTION 10 (SAID POINT BEING IN THE CENTER OF BLACKBERRY CREEK);THENCE NORTHWESTERLY ALONG THE CENTER OF SAID CREEK TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE.SOUTHEAST QUARTER OF SAID SECTION 10;THENCE SOUTH 89 DEGREES 55 MINUTES 0 SECONDS WEST ALONG SAID NORTH LINE 239 FEET TO THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 10;THENCE NORTH 0 DEGREES 41 MINUTES 0 SECONDS EAST ALONG THE EIGHTY LINE 636.3 FEET TO THE CENTER OF THE ROAD;THENCE SOUTH 67 DEGREES 42 MINUTES 0 SECONDS EAST ALONG THE CENTERLINE OF SAID ROAD 304 FEET;THENCE SOUTH 74 DEGREES 38 MINUTES 0 SECONDS EAST ALONG SAID CENTERLINE 451.7 FEET; THENCE NORTH 67 DEGREES 3 MINUTES 0 SECONDS EAST ALONG SAID CENTERLINE 600.7 FEET TO A LINE DRAWN PARALLEL WITH AND 66 FEET WEST OF,AS MEASURED AT RIGHT ANGLES THERETO,THE SECTION LINE,THENCE SOUTH 0 DEGREES 52 MINUTES 0 SECONDS WEST 66 FEET WEST ALONG PARALLEL LINE 502.2,FEET;THENCE SOUTH 89 DEGREES 47 MINUTES 0 SECONDS EAST 393.33 FEET TO THE WEST LINE OF THE SCHOOL PROPERTY;THENCE SOUTH 7 DEGREES 7 MINUTES 0 SECONDS EAST ALONG THE WEST LINE OF THE SCHOOL LOT 129.8 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 11;THENCE NORTH 89 DEGREES 57 MINUTES 0 SECONDS WEST ALONG SAID SOUTH LINE 342.33 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 11; THENCE SOUTH O.DEGREES 52 MINUTES 0 SECONDS WEST ALONG THE SECTION LINE 1?48.6 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRIST OL, KENDALL COUNTY, ILLINOIS. ALSO:ALL THAT PART OF MILL ROAD, KENNEDY ROAD AND GALENA ROAD ADJOINING SAID PARCELS. I "STEINBRECHER FARM B" Central Annexation Parcel PARCEL TWO: THAT PART OF THE SOUTH HALF OF SECTION 11 AND PART OF THE NORTHWEST QUARTER OF SECTION 14,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF SECTION 11;THENCE SOUTH 0 DEGREES 57 MINUTES 0 SECONDS WEST 442 FEET TO THE NORTH LINE OF THE RIGHT OF WAY OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD;THENCE NORTH 75 DEGREES 17 MINUTES 0 SECONDS EAST 1728 FEET ALONG SAID RIGHT OF WAY LINE TO THE SOUTH LINE OF SECTION 11;THENCE SOUTH 89 DEGREES 53 MINUTES 0 SECONDS EAST 1001.25 FEET ALONG THE SOUTH LINE OF SAID SECTION 11 TO THE SOUTHEAST CORNER OF THE WEST HALF OF SAID SECTION 11;THENCE NORTH 89 DEGREES 54 MINUTES 0 SECONDS EAST 1339.5 FEET ALONG THE SOUTH LINE OF SAID SECTION 11 TO THE SOUTHEAST CORNER OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 11;THENCE NORTH 0 DEGREES 40 MINUTES 0 SECONDS EAST 97.7.5 FEET TO THE CENTERLINE OF THE HIGHWAY; THENCE NORTH 74 DEGREES 15 MINUTES 0 SECONDS WEST 727.2 FEET ALONG SAID CENTERLINE;THENCE NORTH 79 DEGREES 10 MINUTES 0 SECONDS WEST 2877.4 FEET ALONG SAID CENTERLINE TO THE CENTERLINE OF A NORTH AND SOUTH HIGHWAY; THENCE SOUTH 7 DEGREES 7 MINUTES 0 SECONDS EAST 364.8 FEET ALONG THE CENTER OF SAID NORTH AND SOUTH HIGHWAY;THENCE NORTH 89 DEGREES 47 MINUTES 0 SECONDS WEST 503.33 FEET TO THE WEST LINE OF SAID SECTION 11;THENCE SOUTH 0 DEGREES 52 MINUTES 0 SECONDS WEST ALONG SAID WEST LINE 1327.6 FEET TO THE POINT OF BEGINNING; EXCEPT THAT.PART OF SAID PARCEL LYING NORTHERLY OF THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. 1 } "INLAND" Annexation Parcel THAT PART OF THE SOUTHEAST QUARTER OF SECTION 11,THAT PART OF SECTION 14,AND THAT PART OF THE NORTH HALF OF SECTION 23,TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF KENNEDY ROAD WITH THE SOUTHERLY LINE OF THE BURLINGTON NORTHERN RAILROAD RIGHT-OF-WAY THROUGH SAID SECTION 14;THENCE NORTH 73 DEGREES 14 MINUTES 21 SECONDS EAST ALONG SAID SOUTHERLY LINE 1239.61 FEET TO THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 14;THENCE NORTH 88 DEGREES 04 MINUTES 00 SECONDS EAST,ALONG SAID NORTH LINE,610.29 FEET TO THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER;THENCE NORTH 87 DEGREES 54 MINUTES 03 SECONDS EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST QUARTER OF SECTION 11,A DISTANCE OF 1329.33 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SOUTHEAST QUARTER;THENCE NORTH 01 DEGREES 21 MINUTES 20 SECONDS WEST ALONG SAID WEST LINE, 511.01 FEET TO SAID SOUTHERLY LINE OF THE BURLINGTON NORTHERN RAILROAD;THENCE NORTH 73 DEGREES 14 MINUTES 21 SECONDS EAST,ALONG SAID SOUTHERLY LINE, 837.66 FEET TO THE CENTERLINE OF MILL ROAD;THENCE SOUTH 74 DEGREES 18 MINUTES 13 SECONDS EAST ALONG SAID CENTERLINE 546.02 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 11;THENCE SOUTH 01 DEGREE 19 MINUTES 08 SECONDS EAST ALONG SAID EAST LINE, 556.17 FEET TO THE SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER;THENCE SOUTH 01 DEGREE 19 MINUTES 08 SECONDS EAST ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 14,A DISTANCE OF 1122.0 FEET; THENCE SOUTH 87 DEGREES 45 MINUTES 51 SECONDS WEST,438.0 FEET TO THE NORTHEAST CORNER OF LYNWOOD SUBDIVISION, EXTENSION FOUR;THENCE SOUTH 87 DEGREES 45 MINUTES 51 SECONDS WEST,ALONG THE NORTHERLY LINE OF SAID LYNWOOD SUBDIVISION, EXTENSION FOUR, 1168.80 FEET TO THE NORTHWEST CORNER THEREOF;THENCE SOUTH 01 DEGREE 46 MINUTES 18 SECONDS EAST,ALONG THE WESTERLY LINE OF LYNWOOD SUBDIVISION, EXTENSIONS FOUR AND FIVE, 1173.80 FEET TO AN IRON STAKE;THENCE SOUTH 01 DEGREE 47 MINUTES 49 SECONDS EAST,ALONG THE WESTERLY LINE OF LYNWOOD SUBDIVISION, EXTENSION FIVE, 376.25 FEET TO AN IRON STAKE;THENCE SOUTH 02 DEGREES 01 MINUTES 46 SECONDS EAST ALONG THE WESTERLY LINES OF LYNWOOD SUBDIVISION, EXTENSIONS FIVE AND SIX, 1950.62 FEET TO AN IRON STAKE;THENCE SOUTH 01 DEGREE 51 MINUTES 08 SECONDS EAST, ALONG THE WESTERLY LINE OF LYNWOOD SUBDIVISION, EXTENSION SIX, 879.29 FEET TO THE CENTERLINE OF U. S. ROUTE NO. 34;THENCE SOUTH 45 DEGREES 14 MINUTES 47 SECONDS WEST ALONG SAID CENTERLINE 878.60 FEET;THENCE NORTH 37 DEGREES 07 MINUTES 26 SECONDS WEST, 2106.30 FEET;THENCE NORTH 47 DEGREES 17 MINUTES 26 SECONDS WEST, 1500.85 FEET TO THE CENTERLINE OF KENNEDY ROAD AND THE EASTERNMOST CORNER OF A TRACT DESCRIBED IN A QUIT CLAIM DEED TO GEORGE AND GLENNA PATTERSON, HUSBAND AND WIFE, RECORDED AS DOCUMENT NO.72-375 ON JANUARY 25, 1972;THENCE NORTH 25 DEGREES 56 MINUTES 49 SECONDS EAST ALONG SAID CENTERLINE 236.34 FEET;THENCE NORTHEASTERLY AND NORTHERLY,A RADIUS.OF 800.0 FEET;AN ARC DISTANCE OF 419.10 FEET;THENCE NORTH 04 DEGREES 04 MINUTES 07 SECONDS WEST ALONG SAID CENTERLINE 531.06 FEET;.THENCE NORTH 05 DEGREES 06 MINUTES 07 SECONDS WEST ALONG SAID CENTERLINE 1866.0 FEET TO THE POINT OF BEGINNING IN BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS. ALSO:ALL THAT PART OF ROUTE 34, KENNEDY ROAD AND MILL ROAD ADJOINING SAID PARCEL. 4W t a/1 l t t "KONICEK" Annexation Parcel PARCEL NO 1: THAT PART OF SECTIONS FOURTEEN (14), FIFTEEN (15)AND TWENTY-THREE(23),ALL IN TOWNSHIP THIRTY-SEVEN (37) NORTH, RANGE SEVEN (7) EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY CORNER OF STRUKEL'S PARADISE LAKE UNIT NO..1, (SAID POINT ALSO BEING THE INTERSECTION OF THE CENTERLINE OF BRISTOL ROAD AND THE CENTERLINE OF KENNEDY ROAD),AS SHOWN ON THE SUBDIVISION PLAT OF STRUKEL'S PARADISE LAKE UNIT NO. 1 RECORDED AS DOCUMENT#71-215;THENCE NORTH 60 DEGREES 17 MINUTES 26 SECONDS EAST, 724.86 FEET ALONG THE CENTERLINE OF KENNEDY ROAD TO THE POINT OF CURVATURE OF A 1094.72 FOOT RADIUS CURVE TO THE LEFT;THENCE NORTHEASTERLY 631.18 FEET ALONG SAID CURVE WHOSE CHORD BEARS NORTH 43 DEGREES 46 MINUTES 24 SECONDS EAST 622.47 FEET TO THE POINT OF TANGENCY OF SAID CURVE;THENCE NORTH 27 DEGREES 15 MINUTES 21 SECONDS EAST 11.57 FEET ALONG SAID CENTERLINE TO A POINT;THENCE SOUTH 37 DEGREES 39 MINUTES 00 SECONDS EAST 1776.45 FEET TO A POINT;THENCE SOUTH 52 DEGREES 21 MINUTES 00 SECONDS WEST 1343.89 FEET TO A POINT IN THE CENTERLINE OF BRISTOL ROAD;THENCE NORTH 37 DEGREES 39 MINUTES 00 SECONDS WEST 1778.85 FEET ALONG SAID CENTERLINE TO THE POINT OF BEGINNING. PARCEL NO.2: THAT PART OF SECTIONS FOURTEEN (14)AND TWENTY-THREE(23), ALL IN TOWNSHIP THIRTY-SEVEN (37) NORTH, RANGE SEVEN (7) EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY CORNER OF STRUKEL'S PARADISE LAKE UNIT NO. 1, (SAID POINT ALSO BEING THE INTERSECTION OF THE CENTERLINE OF BRISTOL ROAD AND THE CENTERLINE OF KENNEDY ROAD),AS SHOWN ON THE SUBDIVISION PLAT OF STRUKEUS PARADISE LAKE UNIT NO. 1, RECORDED AS DOCUMENT#71-215; THENCE SOUTH 37 DEGREES 39 MINUTES 00 SECONDS EAST 1778.85 FEET ALONG THE CENTERLINE OF BRISTOL ROAD FOR THE POINT OF BEGINNING;THENCE NORTH 52 DEGREES 21 MINUTES 00 SECONDS EAST 1343.89 FEET TO A POINT;THENCE SOUTH 37 DEGREES 39 MINUTES 00 SECONDS EAST 1645.23 FEET TO A POINT IN THE CENTERLINE OF ILLINOIS ROUTE 34;THENCE SOUTH 46 DEGREES 33 MINUTES 17 SECONDS WEST 1350.80 FEET ALONG SAID CENTERLINE OF ILLINOIS ROUTE 34 TO THE INTERSECTION OF THE CENTERLINE OF BRISTOL ROAD;THENCE NORTH 37 DEGREES 39 MINUTES 00 SECONDS WEST 1781.63 FEET ALONG SAID CENTERLINE OF BRISTOL ROAD TO THE POINT OF BEGINNING. PARCEL NO. 3: THAT PART OF SECTIONS FOURTEEN (14)AND TWENTY-THREE(23),ALL IN TOWNSHIP THIRTY-SEVEN (37) NORTH, RANGE SEVEN(7) EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHERLY CORNER OF STRUKEL'S PARADISE LAKE UNIT NO. 1, (SAID POINT ALSO BEING THE INTERSECTION OF THE CENTERLINE OF BRISTOL ROAD AND THE CENTERLINE OF KENNEDY ROAD),AS SHOWN ON THE SUBDIVISION PLAT OF STRUKEL'S PARADISE LAKE UNIT NO. 1, RECORDED AS DOCUMENT#71-215;THENCE NORTH 60 DEGREES 17 MINUTES 26 SECONDS EAST 724.86 FEET ALONG.THE CENTERLINE OF KENNEDY ROAD TO THE POINT OF CURVATURE OF A 1094:72 FOOT RADIUS CURVE TO THE LEFT;THENCE NORTHEASTERLY 631.18 FEET ALONG SAID CURVE WHOSE CHORD BEARS NORTH 43 DEGREES 46 MINUTES 24 SECONDS EAST 622.47 FEET TO THE POINT OF TANGENCY OF SAID CURVE;THENCE NORTH 27 DEGREES 15 MINUTES 21 SECONDS EAST 11.57 FEET ALONG SAID CENTERLINE FOR THE POINT OF BEGINNING;THENCE CONTINUE I NORTH 27,DEGREES 15 MINUTES 21 SECONDS EAST 551.92 FEET ALONG SAID CENTERLINE TO A POINT;THENCE SOUTH 45 DEGREES 56 MINUTES 15 SECONDS EAST 1501.96 FEET ALONG AN EXISTING FENCE LINE TO A POINT;THENCE SOUTH 35 DEGREES 48 MINUTES 56 I SECONDS EAST 2104.69 FEET ALONG SAID FENCE LINE TO A POINT IN THE CENTERLINE OF ILLINOIS ROUTE 34;THENCE SOUTH 46 DEGREES 33 MINUTES 17 SECONDS WEST 652.28 FEET ALONG SAID CENTERLINE TO A POINT;THENCE NORTH 37 DEGREES 39 MINUTES 00 SECONDS WEST 3421.68 FEET TO THE POINT OF BEGINNING. ALSO:ALL THAT PART OF ROUTE 34, KENNEDY ROAD AND BRISTOL RIDGE ROAD ADJOINING SAID PARCELS. f C "STEINBR CHER FARM A" Parcel for Zoning Map PARCEL ONE: THAT PART OF SECTIONS 15, 22 AND 23, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH AND SOUTH CENTERLINE OF SAID SECTION 15 WITH THE TANGENT OF THE CENTERLINE OF STATE AID ROUTE 20 AS ESTABLISHED BY INSTRUMENT RECORDED MAY 12, 1952 AS DOCUMENT 125479; THENCE WESTERLY ALONG SAID TANGENT 185.32 FEET; THENCE SOUTH 17 DEGREES 20 MINUTES 0 SECONDS EAST TO THE CENTERLINE OF SAID STATE AID ROUTE 20; THENCE SOUTH 17 DEGREES 20 MINUTES 0 SECONDS EAST 1303.46 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 17 DEGREES 20 MINUTES 0 SECONDS WEST 113.8 FEET;THENCE SOUTH 77 DEGREES 08 MINUTES 0 SECONDS WEST 428.4 FEET; THENCE NORTH 17 DEGREES 28 MINUTES 0 SECONDS WEST 1370.9 FEET TO THE CENTERLINE OF STATE AID ROUTE 20; THENCE NORTH 81 DEGREES 05 MINUTES 0 SECONDS WEST ALONG SAID CENTERLINE 254.26 FEET TO A POINT 194.7 FEET EASTERLY AS MEASURED ALONG SAID CENTERLINE OF THE NORTHEAST CORNER OF ERICKSON'S SUBDIVISION;THENCE SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID ERICKSON'S SUBDIVISION, 462 FEET; THENCE WESTERLY PARALLEL WITH THE CENTERLINE OF SAID ROAD 194.7 FEET TO THE EASTERLY LINE OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE SOUTHEAST CORNER OF SAID SUBDIVISION;THENCE WESTERLY ALONG THE SOUTHERLY LINE OF SAID SUBDIVISION AND SAID LINE EXTENDED 1785.3 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 15;THENCE SOUTH 0 DEGREES 55 MINUTES 0 SECONDS EAST ALONG SAID WEST LINE 904 FEET; THENCE NORTH 88 DEGREES 03 MINUTES 0 SECONDS EAST 1629 FEET; THENCE SOUTH 36 DEGREES 11 MINUTES 0 SECONDS EAST 2187 FEET; THENCE SOUTH 39 DEGREES 18 MINUTES 0 SECONDS EAST 3776.7 FEET TO THE CENTERLINE OF U. S. ROUTE 34; THENCE NORTHEASTERLY ALONG SAID CENTERLINE 1353 FEET TO THE SOUTHWEST CORNER OF UNIT THREE, RIVER RIDGE; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID UNIT THREE, RIVER RIDGE AND ALONG THE SOUTHWESTERLY LINE OF UNIT TWO, RIVER RIDGE 2686 FEET TO THE NORTHWEST CORNER OF SAID UNIT TWO, RIVER RIDGE;THENCE NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID UNIT TWO, RIVER RIDGE AND ALONG THE NORTHWESTERLY LINE OF UNIT ONE, RIVER RIDGE 824.42 FEET TO THE CENTERLINE OF STATE AID ROUTE 20;THENCE NORTHWESTERLY ALONG SAID CENTERLINE 1886.5 FEET TO A LINE DRAWN NORTH 69 DEGREES 10 MINUTES 0 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 69 DEGREES 10 MINUTES 0 SECONDS WEST 1084.7 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. EXCEPT FROM SAID PARCEL THAT PART LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF STRUKEUS PARADISE LAKE UNIT 1; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID STRUKEL'S PARADISE LAKE UNIT 1, BEING THE CENTERLINE OF BRISTOL RIDGE ROAD, ON A BEARING OF NORTH 37 DEGREES 10 MINUTES 58 SECONDS WEST WHICH IS THE BASIS OF BEARINGS FOR THE DESCRIPTION OF THIS LINE, A DISTANCE OF 215.76 FEET; THENCE SOUTH 47 DEGREES 53 MINUTES 15 SECONDS WEST 54.82 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 445.26 FEET, HAVING A CHORD BEARING OF SOUTH 64 DEGREES 20 MINUTES 37 SECONDS WEST, A s . °D1STANC -Of' 4.'19'1?EET; THENCE NORTH 80 DEGREES 01 MINUTES 36 SECONDS WEST 49.79 FEET; THENCE NORTH 02 DEGREES 23 MINUTES 32 SECONDS EAST 33.60 FEET; THENCE NORTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 31.16 FEET, HAVING A CHORD BEARING OF NORTH 46 DEGREES 51 MINUTES 02 SECONDS WEST,A DISTANCE OF 18.07 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 340.28 FEET, HAVING A CHORD BEARING OF NORTH 77 DEGREES 03 MINUTES 16 SECONDS WEST,A DISTANCE OF 126.72 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 442.47 FEET, HAVING A CHORD BEARING OF NORTH 77 DEGREES 26 MINUTES 27 SECONDS WEST, A DISTANCE OF 164.23 FEET; THENCE NORTH 53 DEGREES 57 MINUTES 04 SECONDS WEST 36.90 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 46.51 FEET, HAVING A CHORD BEARING OF SOUTH 78 DEGREES 44 MINUTES 27 SECONDS WEST,A DISTANCE OF 65.15 FEET; THENCE SOUTH 46 DEGREES 05 MINUTES 42 SECONDS WEST 122.26 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 434.59 FEET, HAVING A CHORD BEARING OF SOUTH 79 DEGREES 06 MINUTES 50 SECONDS WEST,A DISTANCE OF 298.16 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 150.96 FEET, HAVING A CHORD BEARING OF SOUTH 86 DEGREES 13 MINUTES 36 SECONDS WEST,A DISTANCE OF 122.06 FEET; THENCE SOUTH 83 DEGREES 16 MINUTES 31 SECONDS WEST 45.04 FEET; THENCE SOUTH 71 DEGREES 30 MINUTES 59 SECONDS WEST 135.54 FEET; THENCE SOUTH 54 DEGREES 04 MINUTES 01 SECONDS WEST 46.27 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 165.37 FEET, HAVING A CHORD BEARING OF SOUTH 78 DEGREES 12 MINUTES 25 SECONDS WEST,A DISTANCE OF 144.86 FEET; THENCE NORTH 74 DEGREES 26 MINUTES 06 SECONDS WEST 180.59 FEET; THENCE NORTH 65 DEGREES 26 MINUTES 38 SECONDS WEST 30.99 FEET; THENCE NORTH 50 DEGREES 48 MINUTES 59 SECONDS WEST 62.50 FEET; THENCE NORTH 82 DEGREES 06 MINUTES 35 SECONDS WEST 133.31 FEET; THENCE SOUTH 69 DEGREES 00 MINUTES 05 SECONDS WEST 67.58 FEET;THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE NORTH, HAVING A RADIUS OF 188.30 FEET, HAVING A CHORD BEARING OF NORTH 89 DEGREES 37 MINUTES 05 SECONDS WEST,A DISTANCE OF 166.22 FEET; THENCE NORTH 53 DEGREES 11 MINUTES 25 SECONDS WEST 69.55 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHEAST, HAVING A RADIUS OF 187.57 FEET, HAVING A CHORD BEARING OF SOUTH 73 DEGREES 52 MINUTES 21 SECONDS WEST,A DISTANCE OF 164.84 FEET; THENCE SOUTH 41 DEGREES 39 MINUTES 54 SECONDS WEST 112.92 FEET; THENCE SOUTHWESTERLY 21.13 FEET, MORE OR LESS, TO A POINT IN THE WESTERLY LINE OF SAID PARCEL, SAID POINT BEING 1,272.16 FEET NORTHWESTERLY OF THE CENTERLINE OF KENNEDY ROAD AS MEASURED ALONG SAID WESTERLY LINE, FOR THE TERMINUS OF SAID LINE. ALSO INCLUDING:ALL THAT PART OF BRISTOL RIDGE ROAD AND KENNEDY ROAD, ADJOINING SAID PARCEL,AND NOT PREVIOUSLY ANNEXED BY ANY MUNICIPALITY. I ;► "TUCEK" Annexation Parcel THAT PART OF THE SOUTHEAST QUARTER OF SECTION 2, PART OF THE NORTHEAST QUARTER OF SECTION 11 AND PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 2;THENCE SOUTH 89 DEGREES 28 MINUTES 21 SECONDS EAST ALONG THE NORTH LINE OF SAID SECTION 12, 99.96 FEET; THENCE SOUTH 2 DEGREES 26 MINUTES 28 SECONDS EAST 2654.27 FEET TO A POINT ON THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 12, 236.28 FEET EAST OF THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER;THENCE NORTH 89 DEGREES 28 MINUTES 58 SECONDS WEST ALONG SAID SOUTH LINE 236.28 FEET TO THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER;THENCE NORT14 89 DEGREES 31 MINUTES 16 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 11, 2028.27 FEET TO THE EXTENSION SOUTHERLY OF THE EASTERLY LINE OF LOT 1 OF STORYBOOK HIGHLANDS,A SUBDIVISION IN SAID SECTION 11; THENCE NORTH 1 DEGREE 06 MINUTES 53 SECONDS EAST ALONG SAID EXTENDED LINE 1030.0 FEET;THENCE SOUTH 89 DEGREES 06 MINUTES 37 SECONDS EAST 239.40 FEET;THENCE NORTH 1 DEGREE 06 MINUTES 53 SECONDS EAST 872.93 FEET TO THE CENTERLINE OF CANNONBALL TRAIL;THENCE NORTH 66 DEGREES 09 MINUTES 20 SECONDS EAST ALONG SAID CENTERLINE 898.31 FEET;THENCE NORTHEASTERLY ALONG SAID CENTERLINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 2290.82 FEET,A DISTANCE OF 495.34 FEET;THENCE NORTH 53 DEGREES 46 MINUTES EAST ALONG SAID CENTERLINE 654.29 FEET TO THE EAST LINE OF SAID SECTION 2;THENCE SOUTH 0 DEGREES 30 MINUTES 10 SECONDS WEST ALONG SAID EAST LINE 262.54 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. I ALSO:ALL THAT PART OF GALENA ROAD ADJOING SAID PARCEL. EXCEPT THEREFROM ANY PART PREVIOUSLY ANNEXED BY ANY MUNICIPALITY. I t i G:Uobs\265140\PRE Z- wg,07118/2003 02:17:06 PM,tim t '1111 RECHER FARM B' ZONING MAP 'STEINORECHER A• FARM FOR _ _ ��,-�„ - �'. THE UNITED CITY OF YORKVILLE BRISTQ TONM9HP w°°AC;=rams ' �OWCEK' ZONE RJ [Arsf».s fiir`miusw¢° s` ANI¢icrw(N Gsrsa me (H} Drap��alNtlx°lrar-olwlfrrl,a�FtlrLnu sAO mr�w„0. w. Ax¢ As0•(SUD rowi wso°plc mt UNINCORPORATED I V ¢ � `°«wa M" w�xa wwLaA,Mow a°w BRSTOL Tow919HP gym_„M„ VILLAGE LIMITS ZONE m4 e �rv„E”„9_° aNMi m` OF MONTGOMERY S,A mArlo mro„xoms oslvAr; s A-195.31-(REC.) 4• TO' •E "xusm°a scans w:a sox R-229082'(REC']9• afar �,��• Pj MAN 5711 E ecawwl° taMA vniler of mam",t•�'A rtcr wnxo sAa anlfl„eK r°1'x[vwr a efu„w,a x¢m a,¢aYCS of carp m scctl0a Incas — m sy¢ii M aus�s�ssa,e muar�iMr v sr w,1"1 wo rvuin Ilw¢(fa}1'u n rows�av nwtt ac"sl(a»x¢m.ex,¢snu I a ¢staa> Ip (,)cwsr¢n<nm Naar IeAitlAx.afcNY°a rtla°„s. 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M >•n 119.7♦ EINBRECHER FARM B• ME 1'a IS aMSlrtwrfffu mNl=wlzvssfwnm,sn Ipvas 1 f L:u,f. v+m�aaa anu ffsrtwr uc f°„ma N 8B']5.9b•11' 1 97' � �E S 7 8 j3• p P.I.N.02-tolmow P.IN.02.1JaoODS T8d ♦> 11 11=1A:1 IAI CREEK 1 S 0855'07•E `W E J\9 OTS, N lT% E 011'1'08•E w,xtafn e1'.w1'mwcrwln ¢f rfa x°1'risw°Yr 19.51' N T)S ��I E�(Y•'- P.I.N.02-11AODODS \2 ? CENIFALME �l N 13'31'10•E }l'rv" Tl� P.1N.02-11x00005 O1R1'10'N _ OF CREEK Ia.83' G � PANELTwo 511.01' " •, N SB'z2-g8•E �_/NOa —--- - -— �. _ ------- -- H 515.59 _ -- Bn4'3' -- 5 0050'3]•E 1 /�,1��{�Y'11 '� ,1 N BTa1'OY E s!3 y 1 11 12 ➢. 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A 412.10' I is m K u 54 1555'19'E I 9, .• � I W 235.31 ` > ."I' P.I.N.02 SASt 1 -R UNNCORPORATED •E x RISTOLTON S UNINCORP`RRATED BRISTOL TON9441P y' / 20NE �. g ' 2 1 ,L N" 0'58•E 1 ?A J (�,. 1 �n i'S Vf m 2 A. .91' EXCEPTION TO PAtCELONE 545M1x f I tld W J J NOT INCLUDED) F- u- Ow I tb C9 ¢',:.' }5 C t8 U d • e J 110 U 1 5 11 4 `b•. I `� „L y<{` y A I F-O G_L,E, I UNINCORPORATEDBRXiTOLTONINSHP JO ZONE MI Q.k PARCELONE $� .7 ' PMCELI ••KONK:EK�. - ♦ P.I.N.02.15177001 �i'1'p. 02-234D1001 4 U U h n n -- —-- { STEINBRECHER Sry¢ I J 3 , FARM A • 2 f�sz� W l / ' �' �•`� Z I u . PARLEL2 " ,)I, mYN . I k i \ j �4 WMN♦llf�a¢Cmf11d P ONE 4 LIMO Mr 6 Mi„aMRli gliwlp SEtm"nai iir uf Sm ¢Y 1'a I 1 ,S& u r xa1M,e.IxY,rcur a n1'MO wrlorAL wnwl.¢stl,am 1 I y "OA 1c P.I.N.02.22-ZI5001 y 6 v `� t {•� I •h' '>;S. �k r `: 3 q�. Ldp N n1' $. I AT _0 IAr IT REVISED R Ii Am KIWI/a J I 1 I y I .2]-150 P.IN.02 1e1 s wa c x.SIT uarw u w¢aa w 1 1 yC A.44J. _ SAS t Awno sr or NSnwfar aaN. 1'o r 1 4000"' R-557]12 ) =1 roan us uc sa w¢•¢•awro.rwnw,�f„ci� 1n!¢xf QO M - dA J t -mmo. 1 1 anlw a4 roax9r n xam.eAxa 1 1 +L�y9 s_ a mllDaat ra[Ien�eom rrlla „ I � I I sy�, 4 furarmmlro°en°srLUm¢r _ ___ xam`ii M[[5 I.sw�firti v vmns us 1 a'y 33 Cp) Kan SAD xalM le1L R0.»41 t f�°PrAf1CORxG rc s i. :."3 1 i I I ///�(�\ `�'-�P,1 2y5 R�., 4F'1�fo °a°M M��i.s Efw�c fa umIafK,[su m ix alo1'n M¢,MGr A¢[nro a m n es rt sn Iaa.aS w1'y.1'Mr wu asiw a-[i s a Ia a a�ra i A w Mrorfw.rr¢a w wnEc STs`, �f i Tics°rif'v�+o Iraa¢aaas our u°rN vn aNlauxL / I s[mi°i w1 asoo ammx!,, rta w^_ES-ac:_i:asa °rwsra'I max fsr Lnf .no♦ar alb rr«�nr¢Awc rwvcsPMal�wnr a w�xaw ulpcorio% o fay�o�ix`C me M. Pptl °ue aro°K� q° mf.a C'� A. I f3 2 ,fmm,Ir.va.m fpt,nwfac x¢m.,atlna„wum a ♦ �OT s 4O s iri%_ . ¢°cans IS wpm a scasys 1A3s1 ,;z'�' -°�'ti- - ---- --- 7 vy / ' fo9ESr Mp f0. ro eY wnr a f°anw°n wsra ro..R.e,Imnwa wnn, t � LAND .� �y suRaEraSs SHEET 1 OF 1 V 8r8 8'87 8.� W Site Data Acre Percent Total Site 1037.91 100.00 Perimeter Road R.O.W. 37.31 3.80 viaecc of Feature Roads 21.40 2.06 MONTGOMERY Commercial 4.44 0.43 Open Space (incl. Det., Parks k Buffers)352.48 33.96 Residential 622.28 69.95 -- Grass Site Density - 2.55 D.U./Ac. (2848 D.U./1037.81 Ac.) Residential Area Residence Minimum Average Minimum Typical Neighborhood Ty911 Lot Size Min. Lot Size Lot Width Lot Width D2 Uu GAS P 1 Single Family Villas NA NA NA NA 290 2 Two-Family 10,000 NA 80 Ft. BO Ft, 126 /- 3 Townhomes NA NA NA NA 245 j- 4 Multi-Family NA NA NA NA 300 5 Townhomes NA NA NA NA 164 B Townhomes NA NA NA NA 156 < 7 Townhomes NA NA NA NA 142N B Two-Family 10,000 NA NA NA 224 B Single Family 10,000 11,500 70 Ft. 76 Ft. 135 10 Single Family 10,000 11,600 70 Ft. 75 Ft. B4 11 Single Family 10,000 11,500 70 Ft. 76 Ft, 67 NEIGHBORHOOD 1 12 Single Family 11,000 12,860 75 Ft. 80 Ft, 90 STORYBOOK -:-gle Fnnuly vriles 13 Single Family 11,000 12.860 HIGHLANDS 75 Ft. 80 Ft, 50 SUBDIVISION 14 Single Family 12,000 13,800 80 Ft. 86 Ft. 118 16 Single Family 12,000 13,800 60 Ft. 85 Ft. 83 - 16 Single Family 11,000 12,860 75 Ft. 80 Ft. 98 13 17 Single Family 12,000 13,800 80 Ft. 86 Ft. 159 r iB Single Family 12,000 13,800 80 Ft. 86 Ft. 68 19 Single Family 12,000 19,800 80 Ft. 85 Ft. Total PROPOSE)2646 -BLACKBERRY KNOLL UBD!VjSICN t.. VI_LAGE OF Open Space Breakdown Suburban Transitional Total CS WEGO Arse Acre, Area Aeres Agnes �ghborhooe ga,j(ng] Municipal Site 0.52 2.00 2.52 2.62 --- THE SHEPHERD - Community Clubhouse/Rea. Area --- 6.10 5.10 5.10 --- ROA✓ •L. School Sit. /Park Sites 8.20 108.61 118.81 61.28 55,53 GALENA.- LUTHERAN CHURCH 717,•'�`N Park HOA Buffer. 27.68 80.00 107.58 107.58 --- �!\• Stormwater Management 36.11 86.36 120.47 120.47 ___ WAGNER L a•. Total 71.41 281.07 352.48 296.95 55.53 SJB. Notes a!ff.HQ.W 9 1.All perimeter lots adjacent to existing County subdivisions will f'/ _ `I ,peL have n minimum 26 Ft. landscape butter easement in addition to the �SO� prequired rear yard. or NVRpILRGA Space NWHROMMIM 4 1 Deter an & FUTURE METRA Summary Det. Yultl'-iFamllr l �/� PARK AND RIDE \U 5 FACILITY nits REGION A'_ ` IN OSWEGO Multi-Family 300 PARK Townhome - c Townhomes 707 Two-Family 360 AL1H w�:cco oetentw. Single Family Villas 290 y MMDNWE -R A E - Open S-te ' Single Family 999 0et O N RAI o Total 2846 r! \�Rru RN Man, GATES CREEK' WEST UNIT 1 UL "'Woo UeNc .� PC\ GAT CREEK NEIGHBORHOOD E ark L WEST ES UN.'2 at Townhotzu �t ¢b Z Park - ".• Y Sell - - ODen Space - rva5 STREET �. - _ACKBERRY OAKS HUNTSMUE(ORIG.TO-) SUBDIVISION - - - - FORMERLY(BRISTOL STATION) _ .,•.,�� ___� _�. (UNINCORPORATED BRISTOL) M&M SUB. -i ERICKSON'S �• - 'M d M SUB. BABBITT' ..___ _ � SUB. - O 0(� ECY?wE. S-REi It B RIDGEERRYb1•_: �OCcPO •,4,AFSR ". •5••E,hsaict 5.1'.for - ' CuI de B. Blackberry Creek N -S� - Conservation Area Mu51GP0i u � F or ( ` Pork U." Open Park �•r Space �JN� ��� i �• F Lew j Note. .� �' RtVER.RIDGE. hill n nos f7 o nactl to RI °R°169e bdlV°eion at°3Mnsa '�'� X -1 s BD vIsGN Ave. III be determined at time of x = final Platting. P�•� o� In o netan Le.'all this a ent ^ Impact the total loot count rofnm N.entrance off arl the Iloc tiiORdf to Neighborhood 1�!t 14. . , •C eD S\F°J�VN 1 / Group Exhibit "C" Revision• Job No 3300 Concept Plan 06-20-03 0 MPI - Yorkville MEN LAND DESIGN, INC. 535 Plainfield Rood Suite E Willowbrook, IL 60527 GRANDE RESERVE � oat. 05_23_03 PLANNING • LANDSCAPE ARCHITECTURE (630) 325-4500 Yorkville, Illinois 5517 N.Cumberland.Ste.906 Chicago,IL 60656•773/763-3320 m rb Ph:113.763.3320 Fox: 773.763.3325 Email: jenlond0ameotech.net i P e t6� �• IM i i �\ -:ib e_t 1- - — — —�� —_- PROPOSED - - - T _ _ - ® BLACKBERRY + - -- : ,-LP, L _LCD Al IT I KNOLL oaN, SUBDIVISION ZN >e i - - - 4 NEIGHBORHOOD 2 ��' VILLAGE OF g< u i Two—Family _Jj t ® OSWEGO y Z�5� • OPT Y UJI Z= : P-,, - HEPHERD G THE S �( I LUTHERAN CHURCH Park Note. I" NEIGHBORHOOD 5 jWAN I r �` All Cul de sac G I E R -_ Townhome ' \` Islands (including Detention `\�/ i SUIB. �=_-_-=-__ NE'/GHBORHOOD 4 + j landscaping and - - - - 1= / parking) to be --- __ -M�<<_ AD I Multi—Family 1 Open %/ , j . antalned COMMERCIAL/ ��- _ - _ �\ Space /ice, , by HOA. pen _ pace`s ` o Open r= Det I �a i _ �-�� Townho ems; `��\� Space Park ® � o ; � � ;� INC�!-RA Detention & QU q� i' FUTURE EA a a s \\\`+ Det. ► ® ► jam`\, -� ;PARK AND RIDE .� -� �� j FACILITY A �N / i--IN OSWEGO v� REGIONAL �� � ® �, MP N GTO; �\ c PARK/ � ® ON pls � CH► ,- � � . y - I \ E CREEK c STN "i'PAN� Municipal j Detention �! S UNIT 1 �NWEA Site ' Co MM Open I ----=' 111 Det. RAIL Space , -iNERN ;-_- P j NEIC�B-� HOOD 8 - ON Nei �` Detention / j Two Family ij . - Det _j LL J�1 I 7 x N BERRYWOOD LANE a o J o � 0 v pen jI(Space -_Lj All Cul-de-sac Islands , I P.a rk f .—�•�- --- I RL- - L_1. ..-.AGATES CREEK ., (including landscaping and �'' - -- — —J1E-ST-UNIT 2 ° parking) to be owned by QI'II I s ithe City and maintained & ,' ( LLL 1` pace by HOA. I I Det _ _ - � Det. � i I,I _ �2 _ t._A u er Ea e- ent -.---- � --- o EI GHBORHOOD 6 r" z I 00n � 1 111 / I Townhome - Q 1 - 1,- ' GHBORHOOD 7 iD ZI I� Townhome Park AL Sm v Omsk 1 iii` owl i r • III III �� i �.�• -• • 1 GROUP EXHIBIT "D" CONCEPT PUD PLAN FOR SUBJECT PROPERTY A. Concept PUD Plan. OWNERS and DEVELOPER have submitted to the CITY: 1. A Concept PUD Plan for the SUBJECT PROPERTY prepared by JEN Land Design, Inc., a copy of which attached hereto and made a part hereof as Group Exhibit "C" (Concept PUD Plan). 2. Typical landscape plans for open space buffers at the perimeter of the SUBJECT PROPERTY (Prepared by JEN Land Design, Inc. ) copies of which are attached hereto as Exhibit "D1" (Typical Buffer Sections). The right-of-way and pavement sections shown in this exhibit (D1) are for illustrative purposes only. 3. Preliminary building elevations attached hereto as Group Exhibit "D2" (Concept Residential Building Elevations). 4. A Park Exhibit showing all park lands to be dedicated to the Parks Department is attached hereto as Exhibit"D3" (Park Exhibit) 5. A Bike Path Exhibit showing all proposed bike and connecting trails attached hereto as Exhibit "D4". The CITY and DEVELOPER agree that this exhibit is conceptual and subject to final engineering. Bike paths will be kept as far from residential lot lines as possible. using�a 40' setback as a guideline. In no event shall the bike paths be located closer than 10' to a residential lot line. 6. The design standards are attached hereto as Exhibit "DS" (Design Standards for Two-Family, Townhome, Apartment Homes, Single-Family Villas, and Commercial Areas). 7. Common Facilities are depicted and attached hereto on Exhibit"D6". (Common Facilities) 8. Transitional Area compliance table, attached hereto as Exhibit"D7" and Transitional Zoning Exhibit attached hereto as Exhibit "D8". (Transitional Area Compliance) 9. A table of design standards for Neighborhoods 2-19 attached hereto as Exhibit "El" and Neighborhood 1 attached hereto as Exhibit "E2". (Design Standards) /? The Concept UD Plan, Concept Landscape and Buffering Plan, Design Standards and Building Elev tions are collectively referred to as the Concept PUD Plans. Prior to execution of this Agreement, OWNERS and DEVELOPER have submitted the Concept PUD Plans to the Plan Commission of the CITY and said Plan Commission has recommended approval of the Concept PUD Plans. In accordance with the development concepts set forth on the Concept PUD Plans, the SUBJECT PROPERTY shall be developed in substantial accordance with the one family, two family, townhome and multi-family residential unit concepts set forth in the design schedule depicted on Exhibits "E", "El", "E2" and "E3" with a maximum dwelling unit count of: 999 single-family lots 290 single-family villas 350 duplex units (175 lots) 707 townhome units 300 multi-family units 2,646 total dwelling units within the 19 individual neighborhoods of the SUBJECT PROPERTY, subject to Final Plat and Final Engineering review, as defined in Paragraph B below. The CITY, OWNERS and DEVELOPER acknowledge that the number of dwelling units to be approved on future preliminary and final plats may be more than or less than that described in Group Exhibit "C", Concept Plan, for a phase of development, as a result of the SUBJECT PROPERTY being developed in accordance with the design standards, ordinances, regulations, codes and rules referenced in this section,but in no instance shall the total maximum dwelling unit count exceed 2,646 units. Additionally, due to engineering constraints (i.e. high water tables), the CITY recognizes the need for flexibility in the final layout and design of Neighborhoods 4-8. As such, through the Concept PUD Plans 986 dwelling units are approved for Neighborhoods 4-8. The final location and mix of housing units shall be determined at the time of preliminary/final platting. Any plan for a phase of development that does not exceed the total number of dwelling units allowed in said Neighborhoods shall be deemed to be in substantial conformance with the Concept Plan. In no instance shall the total number of apartment units in Neighborhoods 4-8 exceed 300 dwelling units. The SUBJECT PROPERTY shall be developed according to the design schedule depicted on Exhibits "E", "E1", "Eg" and "E„” and in accordance with the development concept set forth in the Concept PUD Plans, and such development shall be in full conformance with the City's Zoning Ordinance, Subdivision Regulations, Building Code, and other City ordinances, codes, rules and regulations pertaining to the development of f the SUBJE T PROPERTY as provided in Paragraph 7 (Amendments to Ordinances) of this Agreement, except as otherwise modified or varied pursuant to the terms of this Agreement. The design for the sanitary sewer, water, storm sewer service and the storm water retention/detention, as well as the streets, sidewalks, and landscaping within, upon and serving the SUBJECT PROPERTY, also shall be in full conformance with the City's Zoning Ordinance, Subdivision Regulations, Building Code, and other City ordinances, codes, rules and regulations pertaining to the development of the SUBJECT PROPERTY, except as otherwise modified or varied pursuant to the terms of this Agreement. B. Approval of Preliminary/Final Plats and Preliminarv/Final Engineering. The DEVELOPER shall be allowed to develop the SUBJECT PROPERTY in phases. The phasing of Grande Reserve will be determined by the DEVELOPER in accordance with best engineering and development practices. The DEVELOPER shall be allowed to submit Preliminary and Final Plans and Plats, Preliminary and Final Landscape Plans and Preliminary and Final Engineering concurrently for each Phase of Development. The Preliminary/Final Plat, Preliminary/Final Landscape Plan and Preliminary/Final Engineering are referred to herein collectively as the"Final Plans". Upon review by the Plan Commission and City Council of the Final Plans for a Phase of Development for technical compliance with the CITY's ordinances, codes and regulations except where otherwise amended in this agreement and substantial conformance with the Concept PUD Plans, the CITY shall approve all Final Plans as soon as reasonably practicable following such review. Concurrent with the CITY's review of Final Plans for a Phase of Development DEVELOPER shall submit to the CITY a Declaration of Covenants, Restrictions and Easements (or similarly named document). CITY shall review a copy of the Declaration of Covenants, Restrictions and Easements ("Declaration"), which will be used by OWNERS and DEVELOPER to establish the covenants, conditions and restrictions for such Phase of Development. The Declaration shall provide for the authority of OWNERS and DEVELOPER and/or the CITY to establish an association or associations of homeowners (each a "Homeowners Association") which shall have Primary Responsibility, as defined in Paragraph 19 of this agreement, for the ownership, care and maintenance of the common open space areas within the SUBJECT PROPERTY and the collection of assessments from the association members to defray the cost thereof. The Declaration shall be recorded against each Phase of Development simultaneously with the recording of the Final Plat for each Phase of Development. The dormant SSA, as defined IP� aggraph 19 of this Agreement, shall be utilized by the CITY to carry out the Secondary Responsibility, as defined in said Paragraph 19, to fund the cost of maintaining the Common Facilities. C. Common Facilities The Common Facilities are shown on the attached Exhibit "D6' D. Transitional Neighborhood Area. The Comprehensive Plan of the CITY designates approximately 770.9 acres of the SUBJECT PROPERTY as "Transitional Neighborhood". Under the design guidelines of the Transitional Neighborhood section of the Comprehensive Plan, approximately 21.0% of additional open space is required in order to achieve a maximum area of single family attached of 25% of the overall development within the Transitional Area at an overall density of 2.88 units to the acre, and a maximum density of single-family attached units per acre of 6 units to the acre. The CITY acknowledges that the DEVELOPER has met this requirement as demonstrated in Exhibit"D-7".Exhibit"D$" and Exhibit"D9". The CITY and DEVELOPER acknowledge that changes to right-of-ways and easement areas adjacent to buffer areas may be necessary dependant upon final engineering. Although these changes may reduce the width of the planned buffer area, the CITY agrees that these changes will not impact the DEVELOPER's compliance with open space requirements of the Transitional Area provided no permanent structures (except for walkways or trails) are constructed in the buffer areas. E. Mass Grading. The OWNERS and DEVELOPER shall, at their own risk, have the right, prior to obtaining approval of final engineering drawings and prior to approval of a Final Subdivision Plat, to undertake, preliminary grading work, temporary detention, filling and soil stockpiling on the property in preparation for the development of the property upon city approval of a grading plan and soil erosion plan, and compliance with all other items required by the city's soil erosion and sediment control ordinance. Prior to city approval of a grading plan and soil erosion plan, the DEVELOPER will submit a master utility plan, an overall stormwater management plan, a master grading plan for the central portion of the development, and a geometric plan for the central portion of the development showing individual lots and street configurations. F. Rijzht To Farm Disclosure. OWNERS and DEVELOPER agree to include Kendall County "Right to Farm Statement" language attached hereto as Exhibit"L" on each Final Plat of Subdivision. G. Interim Uses. Interim uses set forth below shall be permitted anywhere on the SUBJECT PROPERTY during the term of this Agreement, subject to a restoration bond. 1. All types of farming. 2. Borrow pits. 3. Parking lots. 4. Stockpiling of dirt, also removal and or sale of dirt, clay, gravel or other construction materials. Gravel mining is prohibited, however said materials may be used within the development. 5. Temporary detention. 6. Construction storage and office trailers. 7. Mass Grading 8. Nursery H. Permitted Uses for Commercial Site. All B-3 (Service Business District) permitted uses identified on Exhibit D10 shall be allowed to be developed on the commercial site located within the SUBJECT PROPERTY. s ., w GROUP EXHIBIT _U W� 10- U N Z A Z� W? Z ZZ! a gilt 0 -RGAri _ V LANDSCAPE BUFFER MULTI-FAMILY � j Q NEIGHBORHOOD 4 71.5'1 ROW VARIES W q o it y.., m Z N TYPICAL BUFFER SECTION ALONG v MILL ROAD _ 1 t F 1 E-4 4 NW Note: ( 'c. o o s Landscape Buffer Easements shall be planted ` >4 � 8 with 3 shade trees, 4 evergreens and 20 ; I 1 1 t. LO shrubs per 100' of buffer. a a M I r � Plan View Scale: 1"=50' north .00"d"�no 1 � hii6i I r 0 0 VV �WV� U a W a g:54 . z z z .- z,E0 O CLUSTER NEIGHBORHOOD 1 SINGLE FAIttILY V - 20' Min. (D w REAR YARD 95' OW 65' Z i o 3 LANDSCAPE BUFFER w O O e4 m 0:: 1 ;j w Q W Q W W Cd U 6 TYPICAL BUFFER SECTION ALONG GALENA ROAD / ,. 0 W 7i N Note: ( o 0 Landscape Buffer Easements shall be planted I with 3 shade trees, 4 evergreens and 20 shrubs pe'r 100' of buffer. o GRANDE a o n ' RESERVE .. t I VILLAS w , { a do . . Plan View • , g Scale: 1"=50' � north �W� U� w=� U�D: W a ggIR Z lt1 z� O C) SINGLE FAMILY BRISTOL RIDGE= ROAD ,w 3 NEIGHBORHOODS 12 & 13 w c 85' OW z 30' 30' Min. (V w Q TYPICAL BUFFER SECTION ALONG BRISTOL RIDGE ROAD qa 33 5 o �� rx r I '" y 1 75 a I 32 Note: RIVER RIDGE $ Landscape Buffer Easements shall be planted a ' GRANDE RESIEMAE 8 with 3 shade trees, 4 evergreens and 20 SUBDIVISION I I N� EIGH$ORHO D 12 Y o � shrubs per 100' of buffer. a M im 31 0. Ln to Plan View Scale: 1"=50' north 10W ���o� W 4E2 1" �Wal� a�a Z WK I 17 17 IF t - o oe o zi SINGLE FAMILY ,3 p 30' Min. NEIGHBORHOODS w C Of 30 KENNEDY ROAD a LANDSCAPE BUFFER a REAR YARD 14 & 16 X �. 4- 01 w VARIES «S 0 TYPICAL BUFFER SECTION ALONG v KENNEDY ROAD F-4 W - 1 ± ~ V Note: BLACKBERRY OAKS ' I I 20 GRANDE RE�ER E c Landscape Buffer Easements shall be planted SUBDIVISION i I NEIGHBORH OD 16 �' o with 3 shade trees, 4 evergreens and 20 1 I I I i O S �p N shrubs per 100' of buffer. l x — M ►-a a ; 21 b Plan View Scale: 1"=50` P north �NNO q U�a • w a 0 N Zc�s � z z G G 0"0' '(( 7 7 11 p U 7. SINGLE FAMILY _. a.: M NEIGHBORHOODS 30' Min. T.B.D.* US ROt-TE 34 -4 ° 11 & 12 t0. h' S-� w J REAR YARD LANDSCAPE BUFFER tot Toe 120' w Iof Berth O O w ir I Z N � q U TYPICAL BUFFER SECTION ALONG US ROUTE 34 W cnN 0 � ° 8 * Depth of the landscape buffer adjacent �m a =:! a V to U.S. Route 34 to be determined based i I I y on final negotiations with IDOT regarding I i o 8 the location of the NW ROW line GRAN E RESERVE 1 w 3 M N IG BORHOOD 111I�� LYNWOOD Note: a i SUBDIVISION o Landscape Buffer Easements shall be planted 20 ;EXTENSION TWO � with 3 shade trees, 4 evergreens and 20 I I shrubs per 100' of buffer. _ t 21 t Ll • � I i s .��aa� Io Plan View Scale: 1";-50' north STORYBOOK HIGHLANDS SUBDIVISION GRANDE RESERVE VILLAS W q q j ... .- .. LANDSCAPE BERM- 8 FR.to 10 FL High 20' CUL DE SAC EXM"MG HOME R.ar Yard ENGLE FAIMY VELL A f55' 146' 1100' 100' 60' 2°' { 10' 24' . OF,mt Yard Rear Yard \{y� 0i 0!I W Setback IS" Ir z it F— Q W 0p KF N J0W Cr Of z Q. ¢a0 W o:c�0 o! a_ ' LANDSCAPE BERM/BUFFER I / EXISANG HOME t f Note: I 37 i I , GRANDE Landscape Buffer Easements shall be planted A RESERVE with 3 shade trees, 4 evergreens and 20 VIId.AS - shrubs per 100' of buffer. I � _STORYBOOK HIGHLANDS I SUBDIVISION I \� x Plan View Scale: 1"=50' north V R.N.ione Job No. 3300 MPI — Yorkville - °7-2-D3 Neighborhood One/Storybook Highlands Landscape Buffer Section 07-21-03 08-oe-03 � t°=to' 535 Plainfield Rood Suite E MEN LAND DESIGN, I Q oat• 05-16-03 Yflowbrook.IL 60527 GRANDE RESERVE PLANNING • LANDSCAPE ARCHITECTURE (630) 325-4500 Yorkville, Iilinois 5517 N:Cumb&%4 Ste.906 Ch 160656-773/763-3320 Pk 7717613320 Fax J77,UXI Fink WkW111miabdund GRANDE RESERVE LYNWOOD SUBDIVISION � W ti q G A EXIMING HOPE :-....:...: ._ .R.O.W. 3 FrmtY wd t R—Yard SUFFER \W Rear Yard ,G• OI :., ....LO.. .. .. of 80 eb' of RO.W W> 0 ir V)I W H w 0 LU of w �1 -'o M z o_ aao wWX of OIL 25!LANDSCAPE 57 \ \ _ I euFFat ErsEIIEt+T 4 I 98 I C I Note: 58 14 it Landscape Buffer Easements shall be planted C�with 3 shade trees, 4 evergreens and 20 shrubs per 100' of buffer. 59 -1 4 — LYNWOOD SUBD , SION — _ GRANDE ZZH JZ.E — T - NEIGHBO 10 I — I I 80 Plan View ill i Scale: 1"=50' u north W:1 JoD No. x300 MPI — Yorkville Neighborhood Ten/Lynwood Subdivision Landscape Buffer Section SaaFe �� LAND DESIGN, INS � 535 Plainfield Road Sulte E Date os-,e-o3 Willowbrook, IL 60527 GRANDE RESERVE PLANNING• LANDSCAPE ARCHITECTURE (630) 325-4500 Yorkville, Illinois 5517 N.Cumberla d,Ste.906 Ch %L 60556•773/763-3320 Pk 7717613320 Fax 7717613325 Emat je laRffi deduct GRANDE RESERVE RIVER RIDGE SUBDMSION A EXISTING HOME 3 S60 R.O.W. 30 Frant Yord Raw Yard LANDSCAPE Raw Yard 80' 3l 88' 0:r-I BUFFER W W 0 RO.W. Z>W - < to r w� a w mow o za aao w Of of a 25'LANDSCAPE GR E RESERVE BU EASEMENT. RIVER RIDGE �- NEIGI ORIIOOD 17 SUBDIVISION Nate: fll — 13 Landscape Buffer Easements shall be planted with 3 shade trees, 4 evergreens and 20 shrubs per 100' of buffer. I I { I 14 I I sl< Y Plan View Scale: 1"=50' _ north 05-220--03 ,»D N0. 3300 1vIPIY— Yorkville - W-M03 Neighborhood 17/River Ridge Subdivision Landscape Buffer Section M LAND DESIGN INC 0E-06-03 seq. t'-t o'. 535 Plainfield Road Suite E oar. os-23-as Willowbrook, ll so527 GRANDE RESERVE PLANNING-LANDSCAPE ARCHITECTURE �qq (630) 325-4500 Yorkville, Illinois 5517 N amberlaDd Ste-906 Ch L 60656 773/763-3320 Re 7137633320 Fat 7717633325 Fina>t jm6m40un C6mt M1 i a n 4 •I s' p... Qt. }_ (�!" �A �1L/ice ►� -- 1 Cr o is I as e t a Duplex Neighborhoods 2 & 8 2 .r j W r � 1 .w Townhome • Neighborhood • • 1 I �i11C , Townhome Neighborhoods • 1 r � rr \ �=1 TTZIe u ° y ' l Ak via t BPI s Single Family Neighborhoods 9-17-1 s,. M r . .•y iy ti visa an oil �d Single Family Neigh borhoq---J----A40� f Y i I 0 MONTGOMERY YLLAGE OF 17-1 - MMTOpAERY ® Park Acres I l A 5.10 . --i---------r------- --- I i B 8.80 C 5.30 D 9.88 Community Park / r E 12.00 Community Park) F 2.00 �Pj P // G 5.20 /,/� / H 1.00 1 55.53 (Regional Park)* I / ope Total 104.81 Ac. I 1 space *Includes 30.46 Ac. of Floodplain NEIGHBORHOOD 1 I0 en� STOf{YBOOK Single Fomlly Villas �SFp1ac HI ANDS su I A.7S t. l KNOLL T SUBDIVISION VILLAGE OF OSWEGO THE SHEPHERD RbpO (LUTHERAN CHURCH PA _ GALENA I iWA DO.nllan T. a _ M/CC Open COW AL ° -`ROAD _ 'tspac� NEIGHownBORHOOD 3 / home i GI L Space ork NEIGHBORHOOD 4 Detention NCY FUTURE METRA \\\, / / _ PARK AND RIDE K Det. Multi=FomNy � FACILITY NEICHBORH � /-/ ANY / IN.OSWECA (floodplain) 5 / C�P Townhome EQISON C WEALTH QOM ANY D.tvtl- M� A /O en 1. 11\1 o.L N COM �AIL�pa - -- jr Space GATES CRE oet.nbn WEST UNIT 1 NEIGHBORHOOD 7 LAW l Townhome T a EE NEIGHBORHOOD 6 Townhome I 1 . III at E 1 I olll � 21II ark - YSchool i Open Space (I I I � HOA a y 'BLACKBERRY OAKS II a Open HIINM=(�TOMN) I SUBDIVISION IIIf Sp°C8 L WOOD SUBDIVISION ' FORMERLY(BRISTOL STATION) 1 Dslmtbn _ ORATED BRISTOL) I I -_----.— {-- I M 'B. D.tw tbn 1 1 I \ B R R i Open \ Blackberry Creek - µ1e `\I ' /•,-.\S ace / \ 1 Conaarvatbn Area Deb Open D.t \\SPoce� ark HOA Club S a / fi10�S \, ql I "Open 2ik ------—-------------- Space wr - D.t..tW Ope\t i Pa n �' Space) Q o P th y ' nASI Da.nll.n�>� \J / I' D.tMlbn \\� idyll Exhibit "D3' 06-20- Job No.. 334Q UPI — Yorkville Park Exhibit MENLAND 06-2°-03 DESIGN, INCL 07-16-03 Scale 1"=500' 535 Plainfield Road Suite E �� vtfillowbrook, IL 60527 GRANDE RESERVE PLANNING e LANDSCAPE ARCHITECTURE oat.05-23-03 5517 N. Cumberland, Suite 906 Chicago, IL 60656 (630) 325-4500 Yorkville, Illinois Ph: 773.763.3320 Fox 773.76.13325 Not: jWandbuaerftech.net 1 O ONTGOMERRY ICO I P I �pj I HOA bg Open 1 Space t � I I = I i NEIGHBORHOOD 1 ' ST qq{{YBOOK I Singlc Family Vp�m en -- HIlLYABNDS ac SUB�gIV1510N ' J �t• � i 1 PROPOSED ' _—__--------- BLACKBERRY -— -' r ( KNOLL SUBDIVISION VILLAGE OF OSWEGO THE SHEPHERD GALENP R�Ap I LUTHERAN CHURCH Pa 1 \ WA NER D.imtroa �t S B. a-'� $ ROAD Open / COMMERCIAL -SAD - �\Spac NEIGTBOORHHOOOD 3 / yac. �• �/ R_, Y ILR Open 'ark ` / /INQ� Space NEIGHBORHOOD 4 Detention • g OH FUTURE METRA \\ Det. MuIU-Family �� PARK AND RIDE NEIGHBORHOOD / ( 7 A FACILITY I 5 /'.QOMPp R/ IN.OSWEGO GI NAL R PARK% Townhome ON Ep15 Gtk r WEALTH CQM Mush(d ( Det.ntlon \t D.l. pQMMON R ILR�A Space . 0 NQ N Det.nlbn GATES CREEL—CV ----------- /BUS IN /a wesr uNlr t T ��• NEIGHBORHOOD 7 LME / 'Townhome o N �, spay cCRR K{( Park WEST UNITE2 VIII NEIGHBORHOOD 6 - LI l Townhome I Ii Dst t ..E m1 4 I 21I Drk a Y School I Open. Space I I D. I open D 'BLACKBERRY OAKS Space I Y I I l ' HUNTSwO.E(ARID.TOWN) I SUBDIVISION I o Dsl.nlron L WOOD SUBDIVISION FORMERLY(BRISTOL STATION) Itl1 I (V IH ORATED e111s70L) •..� � ., -- -----. -t- 1 I kM S — M UB. \ \ BP �l D.lmtna I \ BLA ERR RE I RI GE P09O I / e II I I I + \ / Open op.a j Black6arry Creak �,e. �� S Sptle \space Canaerva(lon Area Mun opal -� ��� I - r, er er r'r etr sil sa „i ("� �' CO. Det. � Doan iF - ♦ � � /� I c. �OPe� iE/ •'� �� \\pCe� Pork Cpb Lok. '/ S O♦S i -"bpen ------------- p --------- � S ace, ♦\ I /j .D I �Delenll``, ♦ Lao k �p•( RO/ A Pork \ ♦\♦ a / Space aced I � - Space S RIVISI \♦\ P 1 - Dseentlm. ` ♦ i ry Indicates 10 Ft. Bike Trail to be provided D 00, by the United City of Yorkville / ° Exhibit "D4' Rewlelons Na. 33oD. MPI: - Yorkville 06-20-03 Bike Path Exhibit 07-02-03 sale T'=500' 535 Plainfield Road Suite E MENLAND DESIGN Date 05-23-03 Willowbrook, IL 60527 GRANDE RESERVE PLANNING e LANDSCAPE ARCHITECTURE INC CTURE (630) 325-4500 5517 N, Cumberland, Suite 906 Chicago, IL 60656 Yorkville, Illinois Ph: 773.763.332D Fim 773,76.13325 Finai; jellandOowltechmt EXHIBIT 66D5" Architectural Design Standards Architectural Design Standards for Two-Family, Townhome and Apartment Homes and Single Family Villas Photographs included as Exhibit D2 are conceptual examples of building elevations that will be constructed in Grande Reserve. The OWNERS and DEVELOPER agree to adhere to any city-wide architectural control ordinances that are in place at the time of final platting for each phase of development. Additionally, the OWNERS and DEVELOPER agree to impose architectural design standards relating to facade materials, accessory structures and other building restrictions at the time of final plat submittal for each unit. These standards, which may exceed the city-wide architectural control standards, will be submitted for city review and approval prior to City Council approval of the final plat of subdivision. DEVELOPER established architectural design standards would address the following issues: Architectural Design Standard SF Villas Two-Family Townhomes Apartments j Color Schemes X X X X Deck&Patio Specifications X X X N/A Fence Specifications X X X N/A Restrictions on Accessory Bld s. X X X N/A Restrictions on Housing Styles X X X N/A Minimum Square Footage X X X N/A Building Materials X X X X Roof Specifications X X X X Architectural Design Standards for Commercial Area All buildings located within the commercial area north of Neighborhood 5 shall be constructed 100% of brick/masonry materials on all sides. a OF / to . MONTGOMERY F P Legend: r+P i/��/ HOA Open, Space Areas j ac ' Note: All stormwater detention - areas are included in the. HOA. ' NEIGHBORHOOD 1 0p'�en ST YB005 Single Forney Vlgat SdGC SUB VISION ' R, Dot. PROPOSED -- ------ ------- -------- BLAKCN&ERRY fT SUBDIVISION VILLAGE OF OSWEGO THE SHEPHERD DIJA RbP (LUTHERAN CHURCH /Pam GA I /I WA tW S B. ` OPen t ' COMMERCIAL >■ -`AD Space 1NEIGgB4ORHO0D 3 / Space REGI ,4L �� Pa* NEIGHBORHOOD 4 Detention / � I Get FUTURE ME1RA PAT' 111 Dot. Nom oaa Multi–Famly ANY II PARK AND RIDE 5 �,�I FACILITY (floodplaln) I COIAP IN.OSWEG.0 Towwhome EpISON , //.� tewReF.R U.tw,tbn GO/M�MONp yyAEPA �0 Open Space sR. _ - I D.t.ntRa, GATES CREEK- WEST UNIT I NEIGHBOR TownhHOOD 7 tAt[ T_ - o O e C CREEK ✓' �II� NEIGHBORHOOD 6 Park �IESi 7ES UNIR Townhome " CAI I R i d Park - I Y School i Open R I_ Space II , I I R HOA y � 'BLACKBERRY OAKS,(` OPe^ � HOHTSwLtE(MG.TOM) SUBDIVISION I Spoce FORMERLY(BRISTOL STATION) Itl o.t.nuan —L WOOD SUBDIVISION I -�- --- MATED IRIS700 'j I I I e`M M B. \ ' D.t.U. \ ' I I � RR N. I i e � Y � 1 en 1 - \ Blaekbasmryy Creek SpD nee Cor..tbn Area l �"�� Dot. % a / Ope E ' R i Got. D.L .� ac 'Park C � f-------------------- _--- � Space �� RO/ Pork' ,� Space ���a/// e e \ t Exhibit "Ds' Rsvleione Job No. 3300 06_40_03 MPI — -Yorkville HOA Open Space Exhibit MENLAND DESIGN INC 07-16-03 goa,• _-I---7.OO• 535 Plathfleld Road Suite E f Data 05-23-03 Willowbrook, IL'60527 GRANDE RESERVE PLANNING e LANDSCAPE ARCHITECTURE 630 325-4500 5517 N. Cumberiand, Suite 906 Chicago, IL 60656 Yorkville, Illinois PIE 773.763.3320 I= 773.763.3325 Erna: JedaldOmwitecheet GRAl._.--,(ESERVE - EXHIBIT "W" TRANSITIONAL AREA COMPREHENSIVE PLAN ANALYSIS Transitional Area Description Data -------------------------------------------------------------------------------------------------------------------------------------------- ----------------- 1 Detention Areas 85.4 Acres 2 School Areas 12.0 Acres 3 Park Area 96.6 Acres 4 Club Area 5.1 Acres 5 Municipal Sites 2.0 Acres 6 Buffer Areas 80.0 Acres ----------------- 7 Total Open Space in Transitional Area 281.0 Acres 8 Total Transitional Area 770.9 Acres 9 Proposed#Of Dwelling Units in Transitional Area 2,220 Units ----------------- 12 Density Under Comprehensive Plan Requirements 0.32 Units/Acre 13 Percent of Density Under Comprehensive Plan Requirements 10.01% 14 Population Generated from Transitional Area(Per Ordinance Tables) 6,276 People 15 Divided by 1,000 1,000 ----------------- 16 Open Space Factor 6.276 17 Times 10 Acres/1,000(As Required by Ordinance) 10 ----------------- 18 Open Space Donation 62.8 Acres 19 Gross Open Space 281.0 Acres 20 Less Detention Area -85.4 Acres ----------------- 21 Net Open Space in Transitional Area 195.6 Acres 22 Less 1/2 Open Space Donation(1/2 Cash Value Credited) -31.4 Acres ----------------- 23 Excess Open Space in Transitional Area 164.3 Acres 24 Total Acres in Transitional Area 770.9 Acres ----------------- ----------------- 27 Acres Above Comprehensive Plan Requirements 1.6 Acres 28 Percent Above Comprehensive Plan Requirements 0.31% 29 Neighborhood 2 Acres @ 6 units/acre(126 Units) 24.9 Acres 30 Neighborhood 3 Acres @ 6 units/acre(245 Units) 43.2 Acres 31 Neighborhood 4 Acres @ 6 units/acre(300 Units) 50.0 Acres 32 Neighborhood 5 Acres @ 6 units/acre(164 Units) 27.3 Acres 33 Neighborhood 6 Acres @ 6 units/acre(156 Units) 26.0 Acres 34 Neighborhood 7 Acres @ 6 units/acre(142 Units) 23.7 Acres 35 Neighborhood 8 Acres @ 6 units/acre(224 Units) 38.4 Acres ----------------- 35 Total Attached Acres 233.5 Acres 36 Divided by Total Acres 770.9 Acres ----------------- 39 Percent Under Comprehensive Plan 1.71% Transitional Area"Additional Open Space"Table Additional Max.Area Maxmimum Maxmimum Open within Dev.Of Overall Density of Space Single Family Density Single Family Attached Units per acre Attached Units per Acre 0% 0% 2.25 N/A 10% 10% 2.50 6 15% 20% 3.00 6 16% 22% 3.05 6 17% 24% 3.10 6 18% 26% 3.15 6 19% 28% 3.20 6 20% 30% 3.25 6 p 21% 32% 3.30 6 25% 40% 3.50 6 25% 25% 1 3.50 8 *Row in gray is an extrapolation of the categories between 15%and 25%additional open space **Bolded rows are as they appear exactly in the Comprehensive Plan a 4 =1 I 0 Total Attached Housing Area = 233.49 Ac. ► I t - - -- - - -- PROPOSED �U ---- - - - - - - -- -- BLACKBERRY two r + KNOLL p� NEIGHBORHOOD 2 S U B D I VI S I 0 N Z Z Ln 6>; Two-Family f VILLAGE OF ±24.94 Ac. ' OSWEGO Z��R zap zzpi pi A� THE SHEPHERD �� WQr I J u LUTHERAN. CHURCH NEIGHBORHOOD S WA N E R _ �/ Townhome S B _ !� /� ±43.20 Ac. t COMMERCIAL _ MIL B Open Space / o 1;3'r.4 o . /� RAID CY q x NEIGHBORHOOD 4 N � Multi—Family DUI FUTURE METRA w oN � � y PARK - AND RIDE ° Q� ±50.00 Ac. / �1� z N T FACILITY vi i I, G REGIONAL \ (f 36.80 .Ac. North) CQNI T.TE -�� IN. OSWEGO NEIGHBORHOOD 5 i B P, PARK/ Townhome ��EDIsON1 C� C CAG Q' �' ±27.30 Ac. Y SEAL OMpAN Open D COMMo—mot AIL' DA/ Multi—Family Space 0�ER1 (±13.2 Ac.. South) L1 °— GATES CREEK - NGT N �, o o 0 Ji5 � / NEIGHBORHOOD 7 EERRYWODD LANE a o 0 ,' Townhome NEIGHBORHOOD S / ±23.70 Ac. Two—Family o { ±38.35 Ac. g N ' ' _ } n eN r� o i NEIGHBORHOOD 8 _ _ _ WESET UNITE Z 2 Park F_ $ a Townhome , i_ i__L_�__--Ll ,,'` t 0 en { Q4 I I _ _ ±26.00 t` t. (A �u�fer4Ea e ent� Park i Tr School O VILLAGE OF MGNTOOMERY 1� ' I r ROPO i OP/A HOA / e Open I Space I ' I I I a I ' O0Ff{D; NEIGHBORHOOD 1 Olen HIGF{LANDS 1 Single Family Nllae Do SUB4GINSKIN i f, I' III, r G� OPOSED -- BLAKNOLL RY �-----" r rt SUBDIVISION MLLAGE F OSW GO I / THE SHEPHERD RbAD (LUTHERAN CHUR /Pa k GALENA i WA N _ D i-U-,) S B. M/LC ROAD �Space� NEIGHBORHOOD 3 COMME �� / Townhome 1 / D.t. ^R 0 D Open Park �W%NGYFUTURE METRA \ Space NEIGHBORHOOD 4 Detention \\\\ Multi-Family _ PARK FACILITY AND RIDE Dell. NEIGHBORH 1 1 OfApANY � IN,osweco REGIONAL 5 G PARK Townhome SON — r ED ' WEALTH - Op G"�I - L G Space GATES CREEK D•t.tkn WEST UNIT 1 NEIGHBORHOOD 7 /t - Townhome o F II I 77EE EE Park WESTS UNITE2 a, NEIGHBORHOOD 6 LI \ I I , Townhpnle E mt I \ ' O w Park I 2 Y School Opert' - I -- Space t - i i 1 sPac 1 ° Y i iBLACKBERRY OAKS HUNi5Ml1E TONN) f SUBDIVISION i. ° wt.atl•n %) L SUBDIVISION WOOD SUBISION (am - i FORMERLY(BRISTOL STATION) - I -- - -_—• (U fATED BWSiOL) I I 1I1� I i I kM S I \ KS \ ' \. wtwrewa \ \ SRI GE RR may' i p / V. Open � C' Space Blackberry Creaky /,^ Canservatlon kreo M"se•'°a' D•L i iD•4�' C •' Or / : \� p6fA E Lak. I i o.L .��c� Pork 0 -' COb (� DttW t ---------------- Space Detwtion . . 9v ------ \ \� \; n , ` Open / 80P/ Park: \ Space) /......n....<...,,...y...._.�..,. �. S INS( i. �\ \ xhibit "D )y pt, E 9 R.vtelon. - �� No. 3300 MPI _ Yorkville Transitional Area MENLAND DESIGN, INC 06-20-03 Boundary Exhibit Seale 1" 500' 535 Plainfield Road Suite E Willowbrook, IL 60527 y PLANNING • LANDSCAPE ARCHITECTURE Date o5-23-03 GRANDE RESERVE 5517 N. Cumberland, Suite 906 Chicago, (630) 325-4500 Yorkvill6, Illinois Ph: 773.763.3320 Fall: 713.763.3325 Emai: pIImM r EXHIBIT D10 W n Z ip�-? r' C> _ a 1/ Note: a_ All uses permitted in the B3 district shall be Z Q SR ��a~ R t 1 allowed to be developed on the commercial Z r_ l L�+ 1�°/ - 1 site except as follows: outdoor building "'g GA/ material sales or storage, golf driving range.. ' Z kennel, recreational vehicle sales and service, Z sports arena, taxicab garage, crematorium and Q z� 1 substation. '-� 0 a � ` Vacant Total Commercial Parcel w I �j 11 (Net of Road R.O.W.) f4.5 Ac. Q C s ,... . �,_ .... Property o a - Uq WAGNER ` �_._.�. SUB. __ Q r IL M L ...Ro rh l ...� k L C _ 115 f tz — - 1 � 2V 1' u• t—t w A 0 c o J to 1 , E REAL N G O M o ............. _ • OD 5 " Regional Two-Family Open Space Park Entry , o T� -- Detention I EXHIBIT "E" PERMITTED MODIFICATIONS FROM BULK AND DENSITY REQUIREMENTS AND DESIGN STANDARDS I. Permitted Modifications to Zoning Ordinance: All modifications to the Zoning Ordinance are outlined on Exhibit "El" (Neighborhoods 2-19) and Exhibits "E," and"E_" (Neighborhood 1). H. Permitted Modifications to Subdivision Ordinance: Right-of-way widths and sidewalks per typical cross sections as identified in Exhibits IR 2-IR 16. Block lengths in excess of 1,320' for Neighborhoods 9, 10, 11, 13, 15 as depicted in Exhibit E4 and described below: Neighborhood Block Max.Block No. of Lots Based Requested No. of Lots Length per on Typical Lot Block Length Planned Based Code Width on Variance 9 A 1320' 35 1950' 43 9 B 1320' 35 1520' 34 10 C 1320' 35 2160' 48 11 D 1320' 35 1850' 42 13 E 1320' 33 1840' 41 15 F 1320' 23 1990' 38 Cul-de-sac length from 600' to 740' +/- in Neighborhood 18, with a maximum of 18 homes served, as depicted in Exhibit "E5". Reduction in required right-of-way for a minor collector from 80' to 70' to allow the entrance off of U.S. Route 34 to transition from 100' right-of-way at the intersection to a 70' right-of-way. Reduction in required right-of-way from 80' to 70' for the main roadway generally located between Neighborhoods 10 and 11 and the open space/HOA Club area. Reduction in required back-to-back pavement width from 39' to 34' for this same roadway. Reduction in required right-of-way from 80' to 70' for the main roadway that runs through Neighborhood 16 adjacent to lots that back up to the school site. Reduction in required back-to-back pavement width from 39' to 34' for this same roadway. t � 3 E d i Reduction in required right-of-way for a collector from 80' to 70' for the main roadway connecting the entrances located off of U.S. Route 34 and Bristol Ridge Road. Private cul-de-sacs in Neighborhood 1 as depicted in Exhibit E3. M3.12 curb and gutter in Neighborhood 1 as depicted on Exhibit IR-2 Stormwater Management Variances as described in Exhibit IS-7 III. Permitted Modifications to Building Code: None IV. Permitted Modifications for Signage: The provisions of the Sign and Zoning Ordinance are hereby modified as necessary and appropriate to permit the construction and use of those signs as identified in Paragraph 13 of this Agreement and attached hereto and incorporated herein in Exhibits "J", "J1", and 44J2"- 1 EXHIBIT E1 -GRANDE RESERVE VARIANCE SCHEDULE NEIGHBORHOODS 2 - 19 R-2 Residential R-2 PUD R-2 PUD R-2 PUD R-2 Duplex R-2 PUD Required Required Minimum Lot Size 12,000 sf 12,000 sf 11,0006f 10,000 sf 15,000 sf 10,000 sf(4) Minimum Lot Width 80 ft. 80'Min/85'Typ. 77'Min/82'Typ. 71'Min175'Typ. 100 ft 75 ft.(4) Average Lot Size — 13,800 sf(6) 12,650 sf(6) 11,500 sf(6) -- -- Yards Front 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. Side(Corner) 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. 30 ft. Side(Interior) 10 ft./10%> 10 ft. 10 ft. 10 ft. 10 ft./10%> 10 ft. Rear 40 ft. 30 ft. 30 ft. 30 ft, 30 ft. 30 ft. Neighborhoods 14,15,17, 18&19 12,13&16 9,10&11 2&8 R-3 General Residence R-2 PUD R-2 PUD R-4 General Residence R-2 PUD Required Required Yards Front 30 ft. 25 ft, 25 ft. 30 ft, 25 ft. Side(Corner) 20 ft. 20 ft. 20 ft. 20 ft. 20 ft. Perimeter 30 ft. 30 ft. 30 ft. 40 ft. 30 ft. Building to Building 3 Building Height 2 1/2 Stories or 25 ft. 31/2 Stories or 35 ft.(5) 31/2 Stories or 35 ft.(5) 2 1/2 Stories or 25 ft. 31/2 Stories or 35 ft.(5) Side to Side 20 ft. 20 ft. 20 ft, ~- Side to Rear 40 ft. 40 ft.(1) 35 ft. — --- Rear to Rear 60 ft. 60 ft.(2) 60 ft.(2) ----- -- Front to Side 50 ft. 50 ft. 35 ft. Front to Front 50 ft. 50 ft. 50 ft.(3) — "`-- Rear to Front 100 ft. 100 ft. 50 ft. — ---- Garage to Garage -- --- 60 ft. `--` Bldg.To Parking — -- -- "'"- 15 ft. 30 ft.Bldg,To Bldg.(end) --- --- --- - -- Bldg.To Bldg, rear to front ---- �-- ft Neighborhoods 1 3 4,5,6&7 4 F Notes 1.If the structures are arranged in any way other than a parallel arrangement,a separation of 35 feet shall be allowed at the closest point between the structures as long as the average separation between the structures Is 40 feet or more. 2.If the structures are arranged in any way other than a parallel arrangement,a separation of 50 feet shall be allowed at the closest point between the structures as long as the average separation between the structures is 60 feet or more. 3.If the structures are arranged in any way other than a parallel arrangement,a separation of 40 feet shall be allowed at the closest point between the structures as long as the average separation between the structures is 50 feet or more. 4.The proposed variances are for two-story duplexes only. 5. As measured from the rear yard. 6. The average lot size in each single family detached neighborhood shall be 115%of all fisted minimum lot sizes. g k i r GRANDE-RESERV Exhibit °E2° NEIGHBORHOOD 1 STANDARD ROADS CROSS SECTION Right of Way 60' Utility Easement 10' Total ROW and LIE 80' Radius 60' Pavement Width 24' to 28' B213 Sidewalks Both Sides Sidewalk Type Standard SETBACKS Front 20' Side Interior 7.5' Side Corner 20' Rear 20' Rear Building to Rear Building Min. 40' *24 feet within cul-de-sac, 28 feet at stem 1. In addition to the above, no greater than 20% (58 units) should be two-story homes, while 80% (232 units) shall be a ranch product. All units shall have a master bedroom on the first floor. 2. No greater than 50% of the units shall be allowed to have three bedrooms or more. The remainder shall be 2 bedrooms or less. 3. Ail cul-de-sacs will be private and will be maintained by the Homeowners Association. 4. No utility shall be placed in a front yard nearer than fifteen (15) feet from a building. Sanitary and storm sewers may be placed under a sidewalk or pavement subject to final engineering. 5. Where city utilities (i.e.storm, sanitary, water) are placed between buildings, the minimum a utility easement width shall be twenty (20) feet. EXHIBIT "E3" s3'b 4 i o 60.0 N a' 60. 60.0 O c v N C O � O OD I° O I I O / \ I 0 a1 7.5' Side .n ;) Yard n P.: ?g 0 0.0 20.0 68 ro 3 Stbk Ya d O o I ° ° ° o m es 101.0 15.0' Min. arkin 15.0' Min. 101.0 20.0 —eRg�dg — �_ — Rear Yard > rn C3 I � n 129.9 _ 129.9 _ 99.9 I 99.9 20.0' ° Stbk. 6 .0 0 I^ R. .W. rDl n 20.0 20.0 Yad °c ° 0 F i't ° v � Yard 101.0 aN0 04 (v 0 101.0 4 Ft. Sidewalk M C�O M a Typical Cluster Single Family Detail Scale 1"=50' Yard Standards: Front to Bldg. = 20 Ft. Min. Side (corner) = 20 Ft. Min. - 33flfl--_ -MP[-- -YorkAf -- fide-(interior)---- - -----7-.5—Ft. Min. 04-15-03 Cluster Detail Rear Yard = 20 Ft. Min. VILLAGE Or IIOTTOOEeY 4 a G ° 8 4 m p © Ip STORYBOOK HIIGH ANDS © p 8 j OP c SUBDIVISION / p • Del. n T .r« `- ------ PROPOSED J_ j! KNOLL RY TrT I VILLAGE OF THE 7 oswECo '11 / R LUTHERAN CHURCH / tJ L �� /JPA Pork WA I(DN.nIM <;f S B. j A'OAD COMMERCIAL j 1//L[ '�`SP ce �;� �O�II/000 i own ome 'OPT B y RN SPOCe POfk i 1 Detention l FUTURE METR Dot. YUIU-Pomlly l PARK AND IN REGIONAL i Cp,IP Y \ W OSSWWEGO PARK �, Townhome /'�\ 1 WEALTH COyk4ON L on ��_ JJ/ 5poce J 1 G . (` 09-0. GATES CREEI Ll / WEST UNIT To.nhome e y r( C 0 Par i CAE IIOO/rOiYlOOD k Gvkl T E5 t NtlT Townhome , I \. CA P9k Y School Open SPOCe Open BLACKBERRY OAKS SpOC. Tolle _ SUBDIVISION o.ww. L SUBDIVISION ITAT") sc do M M wa A -OH.nUra 4 BLAB R .pp 70 P ti� OPen Oe.. BIOC nwry G..t S SpOCe Sioc. CG.WVOU Ar.o WA 0 DILL �Ont, ,' DP HA �! a DN. Y� D. ac Pork Club S voce q� y y 6�N�o� R �`( qty• I G Par k �/.�. `e Sp co e � If �/i Lam ow T'• X. •may .x �[ N PTk AAY 03.2003 11:06:00 awl Acoavo:lS06 Orowlea F:\CADD\2807.00\312VMSTS\2807&=-M4THSM(224) EXHIBIT NO. E4 { D S PROJECT NO. 2807.00 G U D M U N L E D E R , L T D . DATE 7/03/03 300 PARK BOULEVARD ITASCA, ILLINOIS 60143 GRANDE RESERVE scALE N.T.s. CONSULTING ENGINEERS DRAWN BY DPO (630) 250-9595 YORKVILLE, ILLINOIS CHECKED BY : DAT © COPYRIGHT 2002 Exhibit E5 Reconfiguration of Cul-De-Sac in Neighborhood 18 �-- % KENNEDY •-.._....,.�.._ - ROAD —7VC,LI 9 F=T-" � - r ---� 1 S f '\ 1 406 o o� O / 1 jO Requested variance in cul-de-sac length from 600' to 740' +/_ in Neighborhood 18, with a maximum of 18 homes served as depicted above. °-° EXHIBIT F. GRANDE RESERVE SCHEDULE OF FEES FEE $/UNIT/ACRE Sewer City Tap-On Fee $500/unit Water Tap-On Fee up to $2,600/unit Tap-On Fee Multi-Family UP to $21200/unit School Transition Fee $3,000/unit Donation $58,000/acre Park Donation $58,000/acre Improvements $1,000/unit City Fees Capital Improvement Fee(varies per fire protection $1,982.70 - district as detailed in Exhibit H2) 1 $2,100/unit i Road Fund Road Contribution Fund $2,000/unit Engineering]Inspection&Administration Fee 1.75% of Total Estimated Improvement Costs for Developer's Public Improvements $800,000 Building Pemit Fee $650 + $20/sf F $75/acre* ndall & Oswego Fire Protection District $.35 per sq.ft.of mmercial Uses commercial development "Developer requests the ability to pay for cost of installation of sirens With the exception of the road fund, the CITY agrees to require all annexation agreements for future residential subdivisions to contain language stating that the owners of such properties shall be responsible for fees no less than those amounts specified above. The CITY shall make all reasonable efforts to establish a policy that would bind fixture residential annexations to a similar road fund contribution. a k 1 EXHIBIT "G" 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) i EXHIBIT "Hl" SCHOOL CONTRIBUTION. The total land area required for contribution, based on the 2,646 dwelling units shown on Concept PUD Plan, is 86.38 acres. OWNERS and DEVELOPER shall provide, a 12 acre buildable school site to the Yorkville Community School District#115 as shown adjacent to Park D on the Concept PUD Plan (Exhibit "C"). Stormwater associated with the development of this school site will be accommodated by the DEVELOPER elsewhere in Grande Reserve. OWNERS and DEVELOPER are providing a park site (park site D as shown on Exhibit "C") immediately adjacent to the 12 acres school site referenced above. The CITY agrees that three (3) acres of park site D that are immediately adjacent to the school site shall remain as permanent open space for joint use by the Yorkville Community School District #115 and the United City of Yorkville Parks Department as park land. If the OWNERS and DEVELOPER gain ownership of the Hinsdale Nursery property located to the southwest of the SUBJECT PROPERTY by January 1, 2004, the OWNERS and DEVELOPER shall also donate a minimum of 65-acres for a school campus. This land donation would be located north of Kennedy Road and west of Bristol Ridge Road and would include approximately 25 acres that is currently designated as Neighborhood 19, Park F, and adjacent Open Space/Detention on Exhibit C and 40 acres on the adjacent Hinsdale Nursery property. This land donation will be calculated at a value of$58,000.00 per acre. No further land or cash donation shall be due to the School District. If the OWNERS and DEVELOPER do not gain ownership of the Hinsdale Nursery property by January 1, 2004, OWNERS and DEVELOPER shall donate approximately 64.1 acres of land generally identified as Neighborhoods 4 and 5, Park Site B, and adjacent Open Space/Detention areas as shown on Exhibit C. This donation includes all land located south of Mill Road, east of Kennedy Road, and north of the Commonwealth Edison easement, except for that portion of land designated for commercial use and the realigned Mill Road as depicted on Exhibits C & D10. No further land or cash donation shall be due to the School District. The CITY will be notified regarding the location of the school campus in advance of the donation of the subject property. The CITY will review the site plan and engineering of school sites in advance of their construction. Attached hereto and incorporated herein as Exhibit "H3" is a letter from the Yorkville School District agreeing to said contributions. TRANSITION FEES: The DEVELOPER also agrees to pay a transition fee to the School District in the amount of $3,000.00 per unit (up to a maximum of $7,938,000 dependant upon the location of the school campus and the subsequent reduction in dwelling units). OWNERS.-and- -YELOPER further 1 agree that such payment will be at a rate of$1,500.00 per unit (up to $3,969,000) at the time of filing of recording of the first final plat and $1,500.00 per unit on a per building permit basis as building permits are issued. In lieu of a cash payment, the DEVELOPER may post a letter of credit (LOC) for the initial $3,969,000 or other form of surety to guarantee transition fees for the construction of a school, at the sole discretion of the DEVELOPER. The DEVELOPER shall annually reimburse the School District for lost interest on the unused portion of the LOC at a rate comparable to invested School District funds. Payment by the DEVELOPER will occur within 30 days of invoice from the School District. The deposited funds will be escrowed by the School District and may be used by the District, from time to time, upon Certification to the OWNERS, DEVELOPER, or CITY, as the case may be, that the same are needed for school purposes. The School District agrees that it will commence construction of a school on the land designated in Exhibit C at such time that 500 single family occupancy permits have been issued in Grande Reserve subject to passage of a referendum, to which the School District will seek as soon as legally permissible. No other existing or future transition fees or impact fees of any kind will apply with respect to the SUBJECT PROPERTY. i i r EXHIBIT 46112" PARK DONATION AND CAPITAL IMPROVEMENT FEES PARK DONATION The total land area required for contribution, based on the 2,646 dwelling units as shown on the Concept PUD Plan, is 73.93 acres. The OWNERS and DEVELOPER will meet this requirement with 73.93 acres of high and dry land. An additional donation of 30.88 acres will be made for park purposes for a total land donation of 104.81 acres as shown on Exhibit "D3". The timing and specifications for these donations shall be determined at the time of final engineering for each of the phases, but generally will be delivered graded and seeded by the DEVELOPER where appropriate. In addition: 1. OWNERS and DEVELOPER will provide an additional 247.67 acres of open space that includes regional open space, storm water detention areas, and neighborhood buffer areas as outlined in Group Exhibit"C". 2. The CITY hereby agrees to improve designated neighborhood park sites in accordance with the park concept plans included as Exhibit 114. Community and regional park concept plans included in H4 are intended to be illustrative of the CITY's ultimate development plans for these parks subject to acquisition of the necessary funding and approval by City Council and the Park Board.As consideration I for said improvements, OWNERS and DEVELOPER shall provide $1,000.00 for each dwelling unit for park improvements (up to a maximum of $2,646,000.00 dependant upon the location of the school campus as described in Exhibit "111" and any subsequent reduction in dwelling units). Individual park allocations identified below are conceptual and may be adjusted during the final engineering for each phase of development provided the total OWNER and DEVELOPER contribution does not exceed$2,646,000.00: Park Site/Amenity Amount Allocated A $120,000 B $166,000 C $120,000 D $150,000 E $210,000 F $65,000 G $120,000 H $65,000 I $1,000,000 Trail System $480,000 Design $150,000 Total $2,646,000.00 ' I This amount excludes the cost of mass grading, street improvements, utility improvements and seeding of the neighborhood parks and buffers. Parks will be delivered with adjacent road improvements, curbs, sidewalks, parkway trees, necessary utility stubs, drainage improvements and a cover of turf acceptable to the CITY and conveyed to the CITY within 18 months from the commencement of development for each phase.of development that a park site is located within. The timing, specifications, and costs for these improvements shall be determined at the time of final engineering for each of the phases. The DEVELOPER will collaborate with the Parks Department on the design of amenities for the parks and trails within the SUBJECT PROPERTY in accordance with the concept plans that have been attached as Exhibit D4 and Exhibit H4. The CITY shall retain final authority regarding the design of individual parks and trails as long as park improvements are substantially in conformance with the established concept plans. The DEVELOPER will be responsible for installing all park and trail improvements up to a maximum of $2,646,000. as described in the table above. Once DEVELOPER's designated funds are exhausted, additional improvements shall be the sole responsibility of the CITY. The CITY agrees that three (3) acres of park site D that are immediately adjacent to the school site shall remain as permanent open space for joint use by the Yorkville Community School District#115 and the United City of Yorkville Parks Department as park land. CITY CAPITAL IMPROVEMENT FEE A capital transition fee of $1,982.70 shall be paid to the CITY for each residential unit located within the Oswego Fire Protection District boundary. A capital transition fee of$2,100.00 shall be paid to the CITY for each residential unit located within the Bristol Kendall Fire Protection District. Unless otherwise provided in this Agreement, said development, capital improvement, impact, and other fees shall be paid per individual residential dwelling unit concurrent with the building permit application for that particular residential dwelling unit. No other existing or future capital improvement fees and/or impact fees will apply with respect to the SUBJECT PROPERTY. The CITY capital improvement fee may be used to fund public improvements or capital needs of the CITY. The distribution of this fee is summarized in the table below and further described in the text that follows. i r City Capital Improvement Fee—Fee Breakdown and Payment Schedule Fee Description Fee Per #of Total Fee Payment Schedule Unit Units* Fire Protection— $150.00 1,885** $282,750.00 Total fee due within 6 BKFPD months of annexation, but in advance of the issuance of any residential permit. Fire Protection— $150.00 1,885 $282,750.00 Per unit fee due BKFPD concurrent with individual building permit application. Fire Protection— $182.70. 761** $139,034.70 Per unit fee due OFPD concurrent with individual building permit application. Municipal $150.00 2,646 $396,900.00 Total fee due at the time Building Fee of annexation. Remaining City $1,650.00 2,646 $4,365,900.00 Per unit fee due Capital concurrent with individual Improvement Fee building permit application. I Total $1,982.70 2,646 $5,467,334.70 $2,100.00 *Total number of dwelling units to be determined at time of final platting based on school land donations described in Exhibit H1. **Unit counts in each fire protection district are estimates and subject to change based on final determination of the Bristol Kendall and Oswego Fire Protection Districts at time of final platting for any phase of development FIRE PROTECTION DISTRICT FEE Included in the capital transition fee described above is a$300.00 per dwelling unit fire protection district fee for the Bristol Kendall Fire Protection District and a $182.70 per dwelling unit fire protection district fee for the Oswego Fire Protection District. In recognition of the need to expand fire protection capabilities in the Bristol Kendall Fire Protection District in the immediate future, the OWNERS and DEVELOPERS have agreed to alternative payment provisions for this portion of the capital transition fee. Within six months of annexation,but prior to the issuance of any residential building permit, the OWNERS and DEVELOPERS shall pay$150.00 of the required fire protection district fee for each residential unit located within the Bristol Kendall Fire Protection District for a total amount not to exceed$300,000.00 to such District. The remaining $150.00 of the required fire protection district fee for the Bristol Kendall Fire Protection District and the entire $182.70 fire protection district fee for the Oswego Fire Protection District would be paid concurrent with the building permit application for that particular residential dwelling unit. Final determination of eachFire District's boundary would s be made at the time of final platting through an intergovernmental agreement between the Bristol Kendall and Oswego Fire Districts. MUNICIPAL BUILDING FEE Also included in the capital transition fee described above is a $150.00 per unit fee that will be utilized for municipal building expansion. In recognition of the City's need to expand facilities in the immediate future, the OWNERS and DEVELOPERS have agreed to alternate payment provisions for this portion of the capital transition fee. At the time of annexation, the OWNERS and DEVELOPERS shall pay $150.00 per unit to be utilized for facility expansion. ENGINEERING INSPECTION/ADMINISTRATION FEE Recognizing the immediate impact of the development of the SUBJECT PROPERTY, the OWNERS and DEVELOPER shall provide $250,000.00 of the required engineering review fee within sixty (60) days after execution of this Annexation Agreement. In consideration of this pre-payment of $250,000.00, the CITY shall credit OWNER and DEVELOPER $250,000.00. toward future engineering review fees. 1 s� f .r Exhibit 'H3 YORKVILLE COMMUNITY UNIT DISTRICT 115 602 Center Pwkway,Suite A,P.0.Box 579 Yorkville,2t,60560-0599 Telephone(630) 553-4382 Fax (630)553-4398 - YORKVILI E HIGH SCHOOL 0 O 797 GNne Farm Read p Yorkvixe,Illinois 6034E Telephm(6"553139E YORKMLE NWOLE$MOOL July 7,2003 702 came Fuld Rine Ywkvuie,Illinois 60560 Telephone(6M S53i396 CIRCLECENTER INTERMEDIATE SCHOOL Mr.Tony Graff,City Administrator °E'Ivhll st Ycrkax.,minin oir•6ES61 11 United City of Yorkville 1 Telephoap(00 SSM3U 800 Game Farm Road YORKVILLE GRwDE SCHOOL Yorkville,IL 60560 301 V*92 SOMMAuk Stnre YorkvSle,Unois 60560 Teiephoae(Qq SS34N0 Dear MT. Graff- SRIBTOL CRADR SCHOOL 33 Hunt Sumt This will confirm that I have reviewed the provisions of Exhibit H to the P.O.eax to B"d,Niaoia4012 proposed Annexation Agreement for Grande Reserve Subdivision on behalf. Telephone(630 5534393 of the Yorkville Community Unit School District#115. The School district approves of the concept as contained in said Exhibit H for the provision'of school sites related to that subdivision and the paynicat of additional fees by the developer for the benefit of the School District. This will also further confirm that at such time as the School District is ready to commence construction of a school on one of the dedicated sites,the District will submit its preliminary site plan to the City of Yorkville foT engineering review. Please let me know should you have any questions. Thank you again for the city's assistance in this matter. Sic ly, Dr. Thomas D. Engler Superintendent TDE/mlm ay„CNMI ti NEIGHBORHOOD PLAYGROUNv PLAYSTRUCTURE,SWINGS,NET CLIMBER, BENCHES&COVERED TABLE �• i 10' BIKE TRAIL SKATE PARK r,�•y .. d �.�. +�. A . SOCCER FIELDS r V f ELEMENTARY SCHOOL r �° • ' BASEBALL FIELDS m ca ,SCHOOL PLAYGROUND t -MULTIPURPOSE COURTS BASKETBALL&FUNNEL BALL r ���y w •• A •i :.`'�_���+-r--`�z•p. �` 10'BLACKBERRY CREEK BIKE TRAIL HASf School Park - 23.63 Acres >� �r1a° OtVa�` SCHOPPE DESIGN ASSOCIATF.S ' J Moser Enterprises,Inc !�' S slit Avenue Slagon lnnrtan/ie.4cleilurlwe md!d PG..ati 3000 East 5Rt Avenue ai`t:-: SW Gana Fenn fm. �� vat�an.•eoseo I30 W.DOWNER PUCE PK/630)996-1501 Nafi NWmge,tfttds 60540 ti-" WO.5S3s]SD Ai1RORA,n60506 F.1X(6J0)R96-312R HALF-COURT BASKETBALL LANDSCAPE BERM &HOCKEY PLAY AREA GAZEBO PLAYGROUND PARK SIGN w/PLANTING BED DETENTION -- r % BASIN,, • ,, �., ON-STREET PARKING PARKWAY TREES MULTI-PURPOSE FIELD BASEBALL I SOCCER I FOOTBALL ' 8'PARK TRAIL t BIG WHEEL PARKING j` r i \ PARK BENCH \ / _t�••rY' ti\ SWINGS j PARK LANDSCAPING _ " ! SHADE TREES,EVERGREENS &ORNAMENTALS ` •i LANDSCAPE BERM PLAY STRUCTURE BIG WHEEL TRACK wl STRIPING PLAYGROUND PLAN Neighborhood Park 5.4 Acres e°ah fY 1(,PrFDFSIGNA.tiS(X7ATF..S Moser Enterprises,kIC. r 1.r,.:.tanpeAn.Annvv.r.ue,lLmvlPlu,rt:rsR u`..� . '. 5th Avenue St,ran Y /° 31M10 East Stl,AvMre t\\ R'etl0 Gene Faun Ra. YA!!� id vmn•�a.r dF�so 130 rP.Dr)HSVER PUCE PH 16.20)R96-1507 (/� _^[\+ NvN acre:,-•� .. NspenriM,l6wis 60540 _ 8]a5S11:f50 411'ROR4,17.60.r06 FAX/630006.i118 PARK LANDSCAPING i SHADE TREES,EVERGREENS&ORNAMENTALS SOCCER FIELD 8'PARK TRAIL V 1 00'ZIP LINE SOCCER FIELD PLAY STRUCTURE ADA ACCESSIBLE RAMP WITH BERM AND WALL PARKING LOT � iK PAVILLION WITH RESTROOMS PARK SIGN SPRAY PARK MULTI-COLORED PAT TERN LANDSCAPE BERM MINI SKATE PARK // 10' BLACKBERRY CREEK BIKE TRAIL '� / The United Qy 0f YMkAe SCIIOPPE DESIGN ASS(X IATES Community Park - 11.63 Acres MoserEMerpnses,htc. !- - uLaripr Jrchti Jum and Lard lla—g 9000 Last 5th Avrxwie ?5. , e0o c;an,i.nn Rn r er g .F 630553 (etvsn J301�IX)R'NVF.7P PLiCF P!/IF70)R9F-15/1) Nash BLwE.1-•a Naparvi�e,Ifmas 00510 �� 670557/750 A14ROR1,H.OR* F4A(670)R953228 GENERAL PARKING !� FAMILY PICNIC AREA PAVILION PARKING P Y R G& LA AREAS 1� BLACKBERRY CREEK I t MINI RECREATION BUILDING PARKING&RESTROOMS TEAMS -ROPES COURSE 8'PARK TRAIL 1 BALLFIELD COMPLEX v j�.: #: `• ; CONCESSIONS,LIGHTS, WASHROOMS&PAVILION / s 1 10' BLACKBERRY CREEK BIKE TRAIL ' " WETLAND BUFFER AREA PRIMITIVE CAMPING PICNIC AREA,FIRE CIRCLE FLOODPLAIN LIMITS r 1. .r ,q n,e tm�tea CAy Of Yodc SCHOPPE DESIGN ASSOCLITES Regional Park - 55.53 Acres 5(h Moser A- nterprises,lnc. 561 Avenue Sta6a1 ItuvC�rnpe Arcluleuwe and I.olut PlmuerrtR r is � 3000 East Slh Avenue Y�'1 430 W.DOCKER PUCE PH C630)M-2501 KALE t-.tg Nepenn�e,Rlnds 6(15.0 ) 83DS53J350 N� ACiRORA,CL IGiSIM FAX(630)R9K-322R EXHIBIT "I" INFRASTRUCTURE IMPROVEMENTS The DEVELOPER, in developing the SUBJECT PROPERTY, agrees to design, construct and install at its expense, subject to the right of recovery and recapture certain on-site and off-site sanitary sewer, water system and roadway improvements (hereinafter "INFRASTRUCTURE IMPROVEMENTS"); which improvements have been requested by the CITY, but are not required under Municipal Code and which benefit the CITY and other properties. A. Sanitary Sewer Facilities. The approximate locations of the infrastructure improvements for sanitary sewer are illustrated on Exhibit"IS-1". In consideration of the expansion and construction of the sanitary sewer mains contemplated by the DEVELOPER, the CITY agrees to reserve current sanitary sewer capacity p.e. (population equivalent) as it exists at the time the CITY executes this agreement in the CITY sanitary sewer lines both on and off-site, servicing the SUBJECT PROPERTY for the duration of this Agreement, so long as development is actually proceeding on the SUBJECT PROPERTY. In the event the development is reasonably proceeding on the SUBJECT PROPERTY, DEVELOPER shall be allowed to request an extension to said twenty (20) year reservation with the then current City Council. DEVELOPER and CITY shall continue to study methods to upgrade and provide for adequate off-site sanitary sewer transmission lines, which shall be committed to a written agreement between the parties by the time the Final Engineering and the first Final Plat of Subdivision are approved by vote of the City Council. B. Storm Water Facilities. DEVELOPER shall provide for storm water drainage and the retention/detention thereof upon and from the SUBJECT PROPERTY as determined at the time of Final Engineering Review. The CITY, for the full term of this Agreement, and any extension thereof, shall require no more than that degree and type of storm water retention/detention as is currently called for in the existing ordinances of the CITY as modified by this agreement unless ordered by a jurisdiction with authority that supercedes the CITY on this matter. The location and specifications of the infrastructure improvements for the stormwater plan are illustrated on Exhibit"IS-2". The typical neighborhood drainage detention facility is attached hereto as Exhibit "IS-3". The typical neighborhood drainage cross-section is attached hereto as Exhibit "IS-4".: The typical neighborhood drainage bio-swale is attached hereto as Exhibit "IS-5". The typical neighborhood drainage bio-swale cross-section is attached hereto as Exhibit"IS-6". C. Water Facilities. The DEVELOPER shall install one (1) one and one-half million (1,500,000) gallon water tower and two wells in addition to a water treatment facility, two (2) off-site watermain extensions, and a raw watermain. This system has been oversized by 930 P.E. (at an estimated cost of $1,613.00 per P.E. or a total cost of $1,500,090) and provides critical connections to commercial areas along U.S. Route 34 and to desirable boundary expansion areas along Galena Road. Additionally, this system will help the CITY resolve radium compliance issues. The estimated construction cost of the water system is $8,879,000 (Exhibit "IWl"). In additional to construction costs outlined in Exhibit "IW-1", soft costs will also be incurred for permits, costs for obtaining easements, legal fees, and interest charges associated with these INFRASTRUCTURE IMPROVEMENTS. Actual project costs will be used in determining the final certified cost of improvements. The DEVELOPER shall be reimbursed for the total cost of said improvements through tap fee waivers, recovery, and recapture as described below. The DEVELOPER shall be entitled to a waiver of water system tap fees in an amount up to $2,200 for each multifamily unit and $2,600 for all other residential taps in accordance with the Schedule of Fees which are depicted and attached hereto as Exhibit "F". Upon completion of the construction of the said water facilities, the CITY shall issue OWNER and DEVELOPER coupons crediting the DEVELOPER for the waiver of tap fees for three hundred _(300) multifamily units and two-thousand three hundred and forty six (2,346) other residential dwelling units. The remaining cost of the water system shall be recovered/recaptured. Interest shall accrue on the costs for the benefit of the DEVELOPER at the rate of five percent (5%) per annum from the date the improvement is completed by the DEVELOPER until the costs are recovered/recaptured in full. DEVELOPER costs associated with system oversizing and the extension of the water main along U.S. Route 34 shall be recovered in conjunction with the payment of water system tap fees to the CITY. Upon receipt by the CITY of any water tap fee from properties located north of the Fox River and east of Route 47 in the new north pressure zone (except for the subject property) , the CITY will forward the full water tap fee to the DEVELOPER. Said recovery from the CITY to the DEVELOPER will continue until the total reimbursement cost has been recovered by the DEVELOPER. DEVELOPER costs associated with the extension of the water main along Galena Road shall be recaptured based on a lineal foot distribution of project costs to affected properties shown on Exhibit IW3. In the event that affected properties annex to another municipality or are developed for uses that will not require a connection to the water line (i.e. park land) costs will ��/� i 1; be redistributed among remaining properties. The CITY agrees to adopt a recapture agreement ordinance upon the submittal of a recapture agreement by the DEVELOPER. OWNER and DEVELOPER agree to provide access easements to the CITY to allow permanent access to both well sites that are being dedicated at Grande Reserve at the time of final platting. D. -Sidewalks and Street Related Improvements. DEVELOPER shall cause the curb, gutter, street pavement, street lights, recreational path and public sidewalks, to be installed upon the SUBJECT PROPERTY in substantial conformity with the Final Engineering to be approved for each Phase of Development and the applicable provisions of the Subdivision Regulations of the CITY, as modified or varied pursuant to this Agreement. Notwithstanding anything contained herein or in any CITY ordinance, rule or regulation to the contrary, all public sidewalks and parkway landscaping to be constructed or installed upon the SUBJECT PROPERTY pursuant to the approved Final Engineering for each Phase of Development shall be installed and completed on a lot by lot or block by block basis, and need not be installed or completed by OWNERS and DEVELOPER as a part of the public improvements for each Phase of Development. DEVELOPER maintains responsibility of posting a guarantee to ensure that sidewalks and parkway trees are installed in accordance with CITY requirements. E.Off-Site Street Related Improvements. The DEVELOPER accepts responsibility for perimeter intersection improvements that have identified as necessary in the Grande Reserve Traffic Impact Analysis report prepared by Metro Transportation Group for the United City of Yorkville, hereafter referred to as required improvements. Required improvements have been estimated at a total cost of $5,004,770 per Exhibit "IRla". In conjunction with required improvements necessitated by the development of Grande Reserve, the CITY has indicated a desire to upgrade certain planned improvements on perimeter roads to better serve existing and future traffic generated by off-site development. The CITY's desired improvements are estimated at a total cost of$11,560,530. per Exhibit"IRlb". The DEVELOPER agrees to construct improvements on Galena Road and U.S. Route 34 and to complete the design work associated with the signal at U.S. Route 34 as identified in Exhibit IRla in accordance with the schedule established below. These improvements (estimated at a cost of$1,226,720) shall be at the sole cost of the DEVELOPER. The CITY agrees to construct at a minimum the remaining required improvements detailed in Exhibit "IRla" which may be upgraded in accordance with improvements outlined in Exhibit "IRlb". The DEVELOPER agrees to contribute $3,778,050 to the CITY to cover remaining required improvements as set forth in Exhibit "IRla". Upon approval of a road design plan by the CITY for a phase of said improvements, the DEVELOPER shall post a letter of credit in an amount equal to the estimated cost of that improvement up to a maximum of $3,778,050, which letter of credit shall be used only for improvements to Bristol Ridge Road, Kennedy Road, and Mill Road. If the CITY has not commenced construction of remaining required improvenlenrs 'at'feast"five'(5)"m6riths 11 � 9 LLY i. t advance of the identified completion dates below, the DEVELOPER may assume construction responsibility for these remaining improvements as specified in Exhibit "IRla" provided their total contribution in excess of constructed improvements on Galena Road and U.S. Route 34 (estimated at $1,226,720) does not exceed $3,778,050. The DEVELOPER does not accept responsibility for any improvements in excess of those specified by Exhibit "IRla". In order to facilitate the construction of improvements along Bristol Ridge Road and Kennedy Road, the CITY may use the DEVELOPER as a construction manager for said improvements. Off-Site Street Related Improvement Schedule Unless changes are mutually agreed upon by both parties, said improvements shall be constructed in accordance with the following schedule: Scheduled Completion Date Bristol Ridge Road Se tember 1, 2004 Kennedy Road (from Bristol Ridge Within 1 year of the issuance of 500 north to the railroad crossing) building permits within Neighborhoods 6-16, or sooner if funds within Grande Reserve's road fund are available. Mill Road & Kennedy Road (north Within 1 year of the issuance of 500 of the railroad crossing) building permits within Neighborhoods 1,2,3,4,5, or sooner if funds within Grande Reserve's road fund are available. Kennedy Road (south of Bristol Within 1 year of the issuance of 100 Ridge) building permits southwest of Bristol Ridge (Neighborhoods 17, 18, 19) or sooner if funds within Grande Reserve's road fund are available. U.S. Route 34 September 1,2004 Galena Within 1 year of final platting of Neighborhood 1. Typical residential street cross-sections and location plans for roads with various R.O.W. and pavement widths are attached hereto as Exhibits "IR-2" —"IR-16". The DEVELOPER also agrees to contribute $2,000 per unit toward a road fund for additional perimeter roadway improvements. Said contribution shall be collected by the CITY at the time of building permit and deposited into an account at the discretion of the CITY to be used for additional future perimeter roadway improvements including those described in Exhibit IRlb. No further contribution shall be due by the OWNER and DEVELOPER for future roadway improvements. The CITY agrees to undertake all reasonable efforts to establish a roadway improvement policy requiring all future annexation agreements for future residential subdivisions to contain language stating that the owners of the property to be annexed shall contribute to a roadway improvement fund. r �'1 v� t♦I �s I�•ii�ii9 �.I' .r'�'�1 �♦ � r��i � � � M A. f lit r ids I S� W. mi 'm all . r" 2I t si IM �I Fill �� •. ; +,�. .� "ice MMM qm OR 1 1���� ���•X10 � �� Iii�� ��, � t ♦ LEGEMM ♦i DEVELOPER♦ PROPOSED SANITARY SEWER BY • C. SEWER EXTENSION$ BY FOX METRO EXHIBIT NO. IS-1 PRO . 2807.00 1 PLAN DATE 6/17/03 11 PARK BOULEVARD 111 ILLINOIS : 1 RESERVE CONSULTING I DRAWN BY /• •ILLINOIS 1 250-9595 DAT IL ��:: .•:vim��� � ram �� r�, ME rte,•• Jib,r;� �.a��� .:a � bra 0 J ••�� . ��� � t .. ���r:.!;,rt raw°Ld'_>I � i �� ��� �■ Imo:.. .,��:JI �r.'!'.y1;-`'� ..v� . �� ;?p — •�.5'r ,gas =.•. • • REGIONAE 4F PARK Townhome • ' r 7 t,�46 ,�: _ ■: gloom ice'--,� � �� �� 1 t�� ��o���I��1 ■ � :• • . . �• � 1011111'WAAAMWFA � , iii �e �' � ��ii���r�� : ■ � INS al AWM�M- .I� �►� ♦ � 4� LEGEND: PAN IVA ♦ ; . . NATIVE PLANTING • 1♦ �♦ DETENTION BASIN WET RETENTION POND PROPOSED DRAINAGE RIDGELINE ,. • PROPERTY " •' -• LIMITS • • / L T @ • • . 8/04/03 11 PARK CI 1 tCALE 1 1000' ILLINOIS 601A,3 ILLINOIS DRAWN BY QPQ CONSULTING ENGINEERS —• 1 250-9595 D ' 0 •• • •• \__ GRAPHIC SCALE N FEET I J—h a 200 M Vk W N \ �X. NA E / q �, PLAN G TYP DETEN N � <" B / ! / /, EDIMENT BASIN (TYP-) 1 ' I j r . � I I � '-7 NOTE: THE CITY AND DEVELOPER SHALL WORK TOGETHER TO COMPLY WITH THE SPIRIT OF r THE STATE STATUE DEALING WITH BASIN T SETBACKS FROM THE R.O.W. (224) I", 21i 2003 3:12:27 p— AcodVel:15.06 Drawing: F:\CADD\2807.00\3 LIM\ANNEX\2 8070ASMIOW(i - TYPICAL NEIGHBORHOOD DRAINAGE IS-3 EXHIBIT NO. 0--b W H E Y DETENTION FACILITY PROJECT NO. 2807.00 G U D M U N D S 0 N DATE 7/21/03 L E D E R , LT D 300 PARK BOULEVARD SCALE 1"=200' ITASCA, ILLINOIS 60143 GRANDE RESERVE DRAWN BY QP0 CONSULTING ENGINEERS YORKVILLE, ILLINOIS (630) 250-9595 CHECKED BY DAT nC COPYRIGHT 2002 HIGH WATER LEVEL (HWL) SLOPE (4:1 VARIES 0 10:1) 4' WIDE S LOW FLOW CHANNEL REQUIRED AT STORM SEWER 1—N DEPTH VARIES INLET & OUTLET P01 TS SEE PLAN WET PRAIRIE w a WET PRAIRIE PRAIRIE PLANTiNGSI EMERGENT PLANTINGS w a EMERGENT PLANTINGS PRAIRIE PLANTINGS SECTION A-A TYPICAL NATIVE PLANTING TYPE DETENTION BASIN CLEAN EDGE NATURAL SHORELINE TREATMENT SHORELINE TREATMENT HIGH WATER LEVEL (HWL) 1� �1 5 6. (MAX) (MAX) NORMAL WATER LEVEL (NWL) K� SAFETY LEDGE Ii 0 .'< 12 N or C 1 Z gars o (3T MIN) 1 a�$d < 5 (MAX) a(n (MAX) 3Z o� o<SEDIMENTATION BASIN 0 0- PRAIRIE CL — EMERGENT PRAIRIE ` PLANTINGS u z OPEN WATER OPEN WATER PLANTINGS PLANTINGS SECTION B-B TYPICAL WET RETENTION POND Morch 19.2003 9:24.03 am. Aco~.15.06 0,.,%W r:\cAD0\260r.wWuWlcw\ ��ASn_sccrowc 422 1 L EXHIBIT NO. IS- 4 TYPICAL NEIGHBORHOOD DRAINAGE C O W H E Y PROJECT N0. 2807.00 L E D E R N L T ON CROSS-SECTIONS DATE 3/19/03 300 PARK BOULEVARD SCALE N.T.S. ITASCA, ILLINOIS 60143 GRANDE RESERVE DRAWN BY : DPO CONSULTING ENGINEERS YORKVILLE, ILLINOIS CHECKED BY : DAT (630) 250-9595 1 `" ---- NOTES: 1. : ELEVATIONS ON THIS EXHIBIT ARE CONCEPTUAL IN NATURE AND ARE SUBJECT TO REVISION AT TIME OF FINAL ENGINEERING. 2. LOCATIONS OF 810-SWALES TO BE DETERMINED. �,- GRAPHIC SCAIB IN Pon) 1 IrAA 49•b R 11 '� p.50%a -'`� 12" RCP X to to �n t M STORM CB F.E.S. INV 646.20 / f RIM=651.25 INV=646.70 7F-65,18 INV=647.80 ss7.��� N Fc�b53.3 to tti .._......� N �p to tp X 12" 1 ki fl> 9) _FRCP_00-5 1 TF=653.3 x e54 ! O ... va +A 653.5 __ 651.8 ro FG=653.0 to '- to STORM C { -7 k RIM=650.9. l b '1NV�4Z� 0 In TF-852.5 FG'652.3 6 52,9 :.s - ^ _ 2" RCP ® 0.50 . FG-:652.4 ! r STORM CB TF-=•65 ,3 F.E. RIM=649.90 ' {G 651 I , ib INV=646.40 F.E.S. NV 645.00~ ri X to ___ IN 645.40 to ° Tr-=E>52.4 l F G°-6 fi'y ' of " a 2 RCP - ® 0.50.1 TF'651.8 e ci 5' PATH TF°651.9 t ' FG-651,4 m v to �-- to STORM fro k RIM=649. 0 e -'INV 6.415. 0 IP FGA r A to ~- - c� ! ! F.E.S. to =644.20 v _ �-655;� 4;1 1)�Epg.. MereA 19.2003 5:3&50 0•m.AeeUWr:l Dro.inf r.\cAW\M7.00\312\PM M\M*gX\2Wo W M(n•) EXHIBIT NO. is-5 C O W H E Y POTENTIAL NEIGHBORHOOD DRAINAGE PROJECT NO. 2807.00 GUDMUNDSON BIO-SWALE DATE 3/19/03 L E D E R , L T D . ITASCA,�ILI.INOI BOULEVARD 13 GRANDE RESERVE sca-E 1"=so' CONSULTING ENGINEERS DRAWN BY : DPO CONSU N ( LTI 250-95 YORKVILLE, ILLINOIS CHECKED BY DAT OPEN SPACE AREA SCOPE NAjt-S 10' (MIN.) 5' Sj'OpE VARIES 29: (MAX) POSSIBLE PATH BIO--SWALE LOCATION W Fr(n a� �z 1-a PRAIRIE PLANTINGS a PRAIRIE PLANTINGS W W Z Z J J ~ O J J Q Q W W March 19.2007 5:39:47 p.-. AeeOM.r.16.06 o o r:\CAW\2eo7.00\712\Pn[w\ANNEx\26o7SWALE.owc(224) EXHIBIT NO. IS-6 C O W H E Y TYPICAL NEIGHBORHOOD DRAINAGE PROJECT NO. 2807.00 G U D M U N D S O N BIO-SWALE - CROSS-SECTION DATE 3/19/03 L E D E R . L T D . ITASCn usnvoI�o 4 GRANDE RESERVE DRAWN N.T.S. CONSULTING ENGINEERS DRAWN BY : DPO (ULT G ENGINEERS 95 YORKVILLE9 ILLINOIS CHECKED BY DAT /:.1 n�nvn / uT �nn7 STORMWATER MANAGEMENT CRITERIA FOR GRANDE RESERVE 1. STORMWATER MANAGEMENT GOALS: A. Provide for a conservation design approach for the development, incorporating bio-swales, natural vegetation and wetland type basins which promote water quality, infiltration and runoff reduction. B. Create stormwater management systems which result in restricted release rates - - ------ ------leaving-the pro-Jeot--site-less-Ahan-the--re ireau elease--aces Yorkville-by- utilizing the non-riverine floodplain storage to further attenuate flows. 2. RAINFALL DATA-(TECHNICAL BULLETIN 70): Storm Frequency (Yr.) 2 10 25 100 24-Hour Rainfall (In.) 3.15 4.8 6.0 8.3 3. ALLOWABLE RELEASE RATES: Storm Frequency(Yr.) 2 25 100 Release Rate (cfs/acre) 0.04 0.08 0.15 4. COMPENSATORY STORAGE RATES: Riverine Floodplain 1.5:1 Non-Riverine Floodplain 1:1 5. STORMWATER DETENTION CRITERIA: Event hydrograph methodology (HEC-1 w/SCS runoff) will be used to model each detention basin. Where applicable, non-riverine floodplain storage will be added to the estimated detention storage to reduce the allowable release to less than the required rate of 0.15 cfs/acre for the 100-year, 24-hour rainfall of 8.3 inches. The draw down and inundation times for each basin will be estimated to determine suitable natural vegetation for the detention basin. 6. WET RETENTION BASIN GEOMETRY: Maximum side slope 5:1 Maximum bounce (NWL TO HWL) 8 ft 7. TYPICAL NATIVE PLANTING TYPE DETENTION BASIN GEOMETRY: Maximum side slope 4:1 Maximum bounce (TOE OF SLOPE TO HWL) 4 ft Minimum longitudinal slope (low flow swale) 0.20% 8. BASE FLOOD ELEVATION (B.F.E.): T"-... The developer will use the 500 year SCS flood profile for Blackberry Creek as the base flood elevation for storm water design purposes only. Exhibit IS-7 F:\CADD\2807.00\301\Exhibit_Strmgmt.doc EXHIBIT "IW1". GRANDE RESERVE WATER IMPROVEMENT SCHEDULE E Improvement Estimated Cost Wells Two Wells $ 1,050,000 Well House and Treatment $ 3,259,000 Raw Watermain $ 450,000 Contingencies: well development by explosives, plant controls $ 305,000 Wells Cost $ 5,064,000 Tower Tower with 1.5 Million Gallon Tank $ 1,770,000 Tower Cost $ 1,770,000 Off-Site Eatenstions Galena Road Watermain $ 645,000 Route 34 Waterman and PRV Station $ 500,000 Off-Site Eatenstions Cost $ 1,145,000 Design and Engineering Engineering.Design and Construction $ 820,000 I Legal Surveying $ 40,000 Soil and Material Testing $ 40,000 Design and Engineering Cost $ 900,000 Total Water Facitlity Construction Cost $ 8,879,000 TOTAL WATER FACILITY COSTS will include construction costs outlined above and soft costs associated with these facilities for permits,easements,legal fees,and interest charges. • \f iV•1 ••✓�• \ .�.�_; .•\V n � sue:-`� � 01l• ja ...■ H s u' :1 o • j •I , • / l \\ • i �" IIIIIII - Townhome ,,,����■1 1111 � ; MAP Cm all • ���� mm lu, m mm mi �� :fie• °�+� . �`.1-; =m -I�:��� � Li ■■■ ? • ��� ��11 ��. •ice r�� .1■ No �� �+.�* .�►� • ice♦ I �1 ♦ � �� ,, .�� �w�e�% �i11 . �♦ �.�A I, mil/ OAF 011TE11MAL WATER MARI EXHIBIT NO. IW-2 D. 1 00 PARK : • •D SCALE 1"=1000' ILLINOIS 60143 GRANDE RESERVE CONSULTING ENGINEERS DRAWN BY Q'• 1 250-9595 ILLINOIS CHECKED BY DAT Exhibit IW-3 Recapture Area for Galena Water Main Extension WEST BRISTOL PART OSWEGO �o�NTr T.37N. R.7E. iau0 ag Oad 24 Natio n Ruth J. 44.92 Runge Trust 45. 47 Donald E. sn Chic !Bank Trust Trust 102.62 o.5640 Ys a o o g+1` tti 98.03 bnicek �� ` �; v mEd 7 h t o 171.23 h n n 158.18 83.03 LaSalle 5 <F Richard& National t v` m o � j s .a i7j Donald Trust, ti co Ralph T. �C? �: %et �•�-2,.5 3 ,u �F Q°lEr� 3 Brummel 1168330 120.33 Harold& tt 4 ^ Russell Trust Ella Mae Rosenwinkel 99.53 Q 136.72 glen z W Mt2.A. GFso. 5= a Y(7 31�7.61- 26i 4 i Elfa May 7 R1ic1uh9sa3r6 d&A2 ni ta 5 160 Dickson Trust 93 urst 36.46 ly o zo is 71.24 6.18 Am lean J�T• $ Aurora A M el National nk �o x oN m Blacktop, rc Homer G. 4 q 7Q %2vo ne 0 .y 2 Bank&Tryst t Y O'Kee 1 'o c�, ru oC ro ti "i rus Q m w r e t No.983 _ 1 45. 0 7 91,84 14. c lsenstein- west Subur- 1ty1 Nelson 36 2 erchants arkw Bk. Tr`4 as2 m Pasquinelli, ban Bk..Tr. A �uut Nan and C.G '' Co.. r. o. 081 n.No.a t,Y L.L.C. No. 12176 1, National Ban t - 32.7 &Betty i Trust No.2830 4 ral ° 75 Ma qr e 90. Bennett.' 10 W.Rider � Steinbrecher, Naliona 99 lames B & Carolyn ,m m 37.02 k& ust,Tr Tr t Q tal 106.9 (123.12) Trust Nc (94.3 t) Joan McArthur r< Herren F No.l 59-04 87.62 r 60 87 Trust 5 1 16 �� 1 Wes 5 N Daniel t L. Josephine (A .b, n ,^ NGavin Herren Trust t ' C.N.C. #1095 0> COD S v t Butler I 54.21 aa.6 o n &Zepelak mGt it 161. 9A 1 a of 6M1JlC1( ,�89 341.15 g � m �1 119.38 5 ? t C Bk. m k Z♦ T.T t9 a Atli onP� John m Associ- CSC fi 63.33 63,24 x t �yg 3 .o etas, ti 9uB s w L.L. . 06 a 5•F rp m q 105 Date ' 34 6' Ideton _ 43.32 Konic 62.98 fNVBRt 7AS U 134.74 (47.08 3 & 12 S17B\ 41.72 4 a .mac+ SUs Fisher Sank D. Gail C. ,etal 5 10 F 5 G���� �d 89.55 # - erole •; io "rust 5 1z• 163.94 giAW 5 "t l a m fZ�� m 24 i res B 6 rr5t 5 s z IRkY a H L.,Z ichard °�f 1 bug ` 1 olonral ra/ 292 'Theidel �� ' Oak Brook Qi G Bank.Trust S1 __ rust Co larence i - 26.58 r r 53 72) Holdr 146.34 3 Na.2607 1$alle !! r s en 91ional Bank, 37.t5 Parkhurst 7 uSt No.47016 x' a& r ( g f CBfv4 ti y � Family h 203.31 _ t9 } to Daniel L. Q tie 45 Sanders 53 V1; ' r &Carol 0� Q,• Famity.etal Goodwin n t, o 9 71 59.43 Water improvement recapture area for Galena Water Main Extension. 06/05/2003 14:55 FAX 16303255595 PASQUINELLI DEV GRP ICO02 Exhibit TRIn CONSULTING ENGINEERS LAND SURVEYORS NATURAL RESOURCES 300 Park Boulevard Suite 350 Itasca, Illinois 60143 Phone(630)250-9595 Fox(630)250-9644 FILE:2807.60-400 Email: INFO @cgl-ttd.com DATE: 0528103 Website: http:/Iwww.ogl-ltd.corn PRELIMINARY OPINION OF PROBABLE CONSTRUCTION COST FOR INITIAL BUDGET PURPOSES ONLY US RT 34,BRISTOL RIDGE,KENNEDY,MILL,AND GALENA ROAD IMPROVEMENTS ADJACENT TO GRANDE RESERVE YORKVILLE,ILLINOIS DESCRIPTION QUANTITY UNIT PRICE EXTENSION US RT 34 1. 34 A: NH 11 /12 ENTRANCE TO BRISTOL RIDGE ROAD 1 LS 457+000.00 457,00.0.00 2. EXISTING DRIVEWAY APRON MODIFICATIONS 16 EA 1,000.00 15,000.00 3. 34 R,NH 47 ENTRANCE 1 LS 210,000.00 210,000.00 SUB-TOTAL US RT 34 S 682,000.00 BRISTOL RIDGE ROAD 1: BRA :BRISTOL RIDGE NW OF KENNEDY INTERSECTION TAPER 1 LS 16,000.00 •16,000.00 2. BR-2:BRISTOL RIDGE 36'PAVEMENT/100' R.O.W. ROADWAY SECTION 870 LF 166.00 ;144,420.00 3. BR-3:BRISTOL RIDGE 36'PAVEMENT/50' HALF R.O.W.ROADWAY SECTION .320 LF 145.00 46,400.00 4. BR4:BRISTOL RIDGE NH 13&14 ENTRANCE 1. LS 35,000.00 .35,000.00 5. SR-5: BRISTOL RIDGE•30'PAVEMENT 185' R.O.W.ROADWAY SECTION 1,730 LF 130.00 224,900.00 6. BR-e:BRISTOL RIDGE/RT 34 INTERSECTION 1 LS 155,000.00 .155,000.00 7. EXISTING DRIVEWAY APRON MODIFICATIONS 15 EA 1,000.00 15,000.00 SUB-TOTAL BRISTOL RIDGE RD i 636,720.00 KENNEDY ROAD . 1. K-1: KENNEDY ROAD 30'PAVEMENT/100' R.O.W.ROADWAY SECTION 1,500 LF 161.00 241,500.00 2. K-2: KENNEDY/NH 18&19 ENTRANCE 1 LS 352,000.00 352,000.00 3. K-4:KENNEDY AT BRISTOL RIDGE INTERSECTION 1 LS 110,000.00 110,000.00 4. K-5:KENNEDY ROAD 90'PAVEMENT 15(7 HALF R.O.W.ROADWAY SECTION 3,700 LF 139.00 514,300.00 5. K-8:KENNEDY/NH 6&18 MqTPMCE I LS 13 M. O.00 139,000.00 6. K-7:KENNEDY ROAD 30'PAVEMENT 1100' R.O.W.ROADWAY SECTION 1,250 LF 156.00 195,000.00 7. K-8:KENNEDY AT MILL ROAD IN'T'ERSECTION 1 LS 244,000:09 244,000.00 �! PAGE 1 F.\add12E0T.001400�ESLRoado-3ummary.XL:S e .06/05/2003 14:56 FAX 15303255595 YA5QU1NELL1 VhV tiKr WJ uuj B. K-9: KENNEDY AT GALENA ROAD INTERSECTION 1 LS 129,000.00, 129,000,00 9. KRRX: KENNEDY RAILROAD CROSSING 1 LS 100,000.00 100,000.00 10. EXISTING DRIVEWAY APRON MODIFICATIONS 16 EA 1,-000.00 16,000.00 SUB-TOTAL KENNEDY RD S 2,040,800.00 . MILL ROAD 1. M-1 :MILL ROAD AT KENNEDY ROAD INTERSECTION 1 LS 152,000.00 152,000.00 2. M-2:MILL ROAD 30'PAVEMENT/100' R.O.W. ROADWAY SECTION 880 LF 191.00 168,080.00 3. M-3:MILL ROAD/NH 5&8 ENTRANCE 1 LS 181,000.00 1 81,000.00 4. M-1:MILL ROAD 30'PAVEMENT 150' HALF R.O.W.ROADWAY SECTION 1,660 LF 155,00 257,300.00 S. M-6:MILL ROAD/NH 2&4 ENTRANCE 1 LS 205,000.00 205,000.00 6. EXISTING MILL ROAD REMOVAL 1 LS 33,150,00 33,150.00 7. M-RRX:MILL ROAD RAILROAD CROSSING 1 LS 100,000.00 100,000.00 e. EXISTING DRIVEWAY APRON MODIFICATIONS 4 EA 1,000.00 4,000.00 SUB-TOTALMILLRD 1,iW,M.00 GALENA ROAD 1. .G-1':GALENA RD AT KENNEDY INTERSECTION 1 LS 230,000.00 230,000.00 2. G-2: GALENA RD/NH 1 PROPERTY TAPERS 1 LS 29,000.00 29,000.00 i 3. G-3: GALENA ROAD 30'PAVEMENT 150' HALF R.O.W.ROADWAY SECTION 1,310 LF 112.00 . 146,720,00 4. G11:GALENA ROAD/NH 1 ENTRANCE 1 LS 132,000.00 132,000.00 5. EXISTING DRVEWAY APRON MODIFICATIONS 7 EA 1,000.00 7,000.00 SUB-TOTAL GALENA RD = 544,720.00 F;Add'2807.00\400\Est.RoM"L4mmay.XLS PAGE 2 • f • i Exhibit IRlb Scope of Work and Engineer's Opinion of Probable Construction Costs for Grande Reserve Perimeter Roads, Yorkville, Illinois All estimated costs include 20%for engineering (10% Design, 7% Construction Observation and 3% Materials Inspection/Other) All reconstructed pavement cross sections provide for full depth bituminous concrete pavements and are briefly described as follows for each road section: See also `attachments 1-3. A. Bristol Ridge Road $2,384,730.00 3 — lane, 36' E.E. full depth bituminous pavement with 8' shoulder (4' paved, 4' aggregate) rural open ditch cross section with sidewalk on one side. B. Kennedy Road —West End to Bristol Ridge Road $1,085,310.00 3-lane, 40' B.B.full depth bituminous concrete pavement urban cross section with I, curb and gutter and sidewalks both sides. C. Kennedy Road — Bristol Ridge Road to BNSF RR $2,532,300.00 3 — lane, 36' E.E. full depth bituminous pavement with 8' shoulder (4' paved, 4' aggregate) rural open ditch cross section with sidewalk on one side. D. Kennedy Road — BNSF RR to Mill Road $874,080.00 Transition from a 3 lane 40' B.B. full depth bituminous pavement urban cross section with curb and gutter at the BNSF RR to a 5 lane 64' B.B. urban cross section with curb and gutter and sidewalk at Mill Road. E. Kennedy Road — Mill Road to Galena Road $549,180.00 5—lane, 64' B.B.full depth bituminous concrete pavement urban cross section with curb and gutter with sidewalk on one side. F. Mill Road — Kennedy Road to east end $2,634,930.00 3—lane, 40' B.B.full depth bituminous concrete pavement urban cross sec_ tion with curb and gutter and sidewalks both sides. a 1 r GAPUBLIC\Yorkvi11e\2002\Y00215 Grande Reserve(MPI)\doc\Exhibit IR-1.doc G. Traffic signals are to be provided for 5 intersections if and as warranted. The locations are: a. U.S. Route 34 and Bristol Ridge Road b. Bristol Ridge Road and Kennedy Road c. Kennedy Road and West entrance (NH191new school site) d. Kennedy Road and Mill Road e. Kennedy Road and Galena Road $ 00,000.00 each for total of $1,500,000 TOTAL ESTIMATED COST - $11,560,530.00 1 G:\PUBLIC\YorkviIIe\2002\YO0215 Grande Reserve(MPI)\doc\Exhibit IR-1.doc PERIMETER ROAD Exhibit IRlb Attachment 1 100' PROPOSED R.O.W. ^I- 40' B—B & VARIABLE 1' I 5• 1• 36' & VARIABLE 5 ~1 12' 12' 12' TURN LANE 2x 2% _—— 1/4"/FT 1/4"/FT -- — I --- --------- -- I Rpm 8 9 4 5 6 7 10 9 11 8 PROPOSED TYPICAL PAVEMENT CROSS SECTION GRANDE RESERVE BOTH SIDES OF ROAD URBAN - FULL RECONSTRUCTION N.T.S. 60 — 66' EXIST. R.O.W. — VARIABLE 4' & VARI AF LE 21' & VARIABLE 4' & VARIA SHOULDER) I HOULDER I 1/2"/FT 3/16"/FT i 3/16"/FT 1/2"/FT VARIABLE VARIABLE VARIABLE VARIABLE ---y — I------------------- J — 3 ` 1 2 3 I EXISTING TYPICAL PAVEMENT CROSS SECTION N.T.S. LEGEND O1 EXISTING BITUMINOUS CONCRETE SURFACE O7 SUB—BASE GRANULAR MATERIAL, TYPE B 12" (CA-6, CRUSHED) !�2 EXISTING BASE MATERIAL 8O P.C.C. SIDEWALK, 5" O3 EXISTING AGGREGATE SHOULDER O9 COMBINATION CONCRETE CURB & GUTTER, B-6.18 t ® BITUMINOUS CONCRETE SURFACE COURSE SUPERPAVE 10 GEOTECHNICAL FABRIC FOR GROUND STABILIZATION MIX "D", N70, 1 1/2" O �� 11 BITUMINOUS MATERIALS (PRIME COAT) TOPSOIL, SEEDING CLASS 2A AND EROSION CONTROL BLANKET O5 - © BITUMINOUS CONCRETE BINDER COURSE, SUPERPAVE, I IL-19, N70, 7 1/2" _ OPYRIGHT©2003 ENGINEERING ENTERPRISES, INC. vr,nl"x:\soskortoa\roods\owc\>��ISo Engineering Enterprises,Inc. UNITED dCCI,TY OF I nORKVILLE GRANDE RESERVE PERIMETER ROADS TYPICAL URBAN CROSS SECTION PROD NO JUNE Y002105 52 Wheeler Road UNITED CITY OF YORKVILLE FULL RECONSTRUCTION FILE NO. Y0021504 Sugar Grove, Illinois 60554 630/466-9350 1 DATE REVISIONS JKENDALL COUNTY, ILLINOIS THREE—LANE WITH MEDIAN ' PERIMETER ROAD Exhibit IRlb Attachment 2 ROADWAY q R.O.W. _ 100' PROPOSED R.O.W. 24' TO 36' & VARIABLE 8' & VARIABLE 12' 12' 12' 8' & VARIABLE I (SHOULDER)4� TURN LANE OR MEDIAN 4' (SHOULDER) 5 1/4"/FT I 1/4"/FT 4% 4R .1 Emu 4J k. V 11 i 4 5 6 8 15 12 9 6 70 11 13 14 I PROPOSED TYPICAL PAVEMENT CROSS SECTION RURAL - FULL RECONSTRUCTION N.T.S. 60' - 66' EXIST. R.O.W. - VARIABLE l 4' & VARIA LE 21' & VARIABLE 4' & VARIA (SHOULDER) I HOULDER i 1/2"/FT 3/16"/FT I 3/16'/FT 1/2"/FT VARIABLE VARIABLE I VARIABLE VARIABLE I� T____ r _________ __ ______y'-__--_T` ' EXISTING TYPICAL PAVEMENT CROSS SECTION N.T.S. LEGEND O1 EXISTING BITUMINOUS CONCRETE SURFACE D LEVELING BINDER (MACHINE METHOD) O2 EXISTING BASE MATERIAL ® SUB-BASE GRANULAR MATERIAL, TYPE 8 12" (CA-6, CRUSHED) O3 EXISTING AGGREGATE SHOULDER 9O BITUMINOUS SHOULDERS, SUPERPAVE, 1 1/2" ® BITUMINOUS CONCRETE SURFACE COURSE SUPERPAVE 10 SUB-BASE GRANULAR MATERIAL, TYPE B 6" (CA-6, CRUSHED) MIX "D", N70, 1 1/2" 11 AGGREGATE SHOULDERS, TYPE B 8" (CA-6 CRUSHED) O5 BITUMINOUS MATERIALS (PRIME COAT) 1© PAVEMENT EDGE\LANE LINE STRIPE © BITUMINOUS CONCRETE BINDER COURSE, SUPERPAVE, IL-19, N70, 7 1/2" 13 TOPSOIL, SEEDING CLASS 2A AND EROSION CONTROL BLANKET © BITUMINOUS CONCRETE BINDER COURSE, SUPERPAVE, 14 P.C.C. SIDEWALK, 5" - IL-19, N70, 2 1/2" 15 GEOTECHNICAL FABRIC FOR GROUND STABILIZATION _ COPYRIGHT©2003 ENGINEERING ENTERPRISES, INC. PA-H:\505 0J\Y002i5\DWG\Y 21504 Engineering Enterprises,Inc. UNITED CITY OF YORKVILLE GRANDE RESERVE PERIMETER ROADS TYPICAL RURAL CROSS SECTION DATE JUNE 2003 Consulting Engineers Kendall County, Illinois PROJ. N0. Y00215 52 Wheeler Road UNITED CITY OF YORKVILLE FULL RECONSTRUCTION FILE NO. Y0021504 Sugar Grove, Illinois 60554 630/466—s35o N0. DATE R Hs1oNS KENDALL COUNTY, ILLINOIS THREE-LANE WITH MEDIAN Exhibit IRlb Attachment 3 PERIMETER ROAD 100' PROPOSED R.O.W. 64' B—B 60' 12' 12' 12' 12' 12' 5' I 1' TURN LANE OR PAVED MEDIAN 2% 1/4"/FT 114'/FT 2% 9 I 4 5 6 7 10 9 11 8 PROPOSED TYPICAL PAVEMENT CROSS SECTION URBAN — FOUR LANE W/ MEDIAN N.T.S. _ 60' — 66' EXIST. I.O.W. — VARIABLE 4' do VARIAE LE 21' k VARIABLE 4' do VARIA (SHOULDER) I HOULDER 1/2"/F1 3/16"/FT I 3/16"/FT 1/2"/FT VARIABLE VARIABLE - VARIABLE VARIABLE -------- - r----- --------- '' I '----------------------------------------------------------------- ` - i I 3 I 1 2 3 V I i EXISTING TYPICAL PAVEMENT CROSS SECTION N.T.S. LEGEND O1 EXISTING BITUMINOUS CONCRETE SURFACE 7O SUB—BASE GRANULAR MATERIAL, TYPE B 12" (CA-6, CRUSHED) O2 EXISTING BASE MATERIAL ® P.C.C. SIDEWALK, 5" O3 EXISTING AGGREGATE SHOULDER O9 COMBINATION CONCRETE CURB do GUTTER, B-6.18 O4 BITUMINOUS CONCRETE SURFACE COURSE SUPERPAVE 10 GEOTECHNICAL FABRIC FOR GROUND STABILIZATION MIX "D N70, 1 1/2" L � 11 TOPSOIL, SEEDING CLASS 2A AND EROSION CONTROL BLANKET OS BITUMINOUS MATERIALS (PRIME COAT) f © BITUMINOUS CONCRETE BINDER COURSE, SUPERPAVE, IL-19, N70, 7 1/2" COPYRIGHT©2003 ENGINEERING ENTERPRISES, INC. PA*�-�:\sosxvaoa\roozi s\or.G\rooxisa. Engineering Enterprises, Inc. UNITED CITY OF YORKVILLE GRANDE RESERVE PERIMETER ROADS TYPICAL URBAN CROSS SECTION DAB JUNE 2003 Consulting Engineers Kendall County, Illinois PROD. NO. Y00215 52 Wheeler Road UNITED CITY OF YORKVILLE FULL RECONSTRUCTION FILE NO. Y0021504 Sugar Grove, Illinois 60554 630/466-9350 NO. DATE REVISIONS IIKENDALL COUNTY, ILLINOIS FOUR—LANE WITH MEDIAN 10' 60' R.O.W. 10' I U.E. IU.E. I 16' 28' B-B 16' I1' 4' 11' I 2% TYP. 2% TYP. I I 3 3 o COMB. C&G M3.12 (TYP) 1-1/2" BITUMINOUS CONCRETE SURFACE COURSE 2-1/2" BITUMINOUS CONCRETE BINDER COURSE 4' SIDEWALK (TYP) 1p" AGGREGATE BASE COURSE NOTES: 1. ALL CROSS SECTION EASEME WIDTHS SHALL VARY AS REQUIRED BY APPROVED FINAL ENGINEERING. NOTE: PAVEMENT FABRIC SHALL BE 2. IF EDGE SEALING HAS BEEN 'INCLUDED IN THE CITY'S PLACED BENEATH AGGREGATE BASE REQUIRED SPECIFICATIONS PR OR TO APPROVAL OF FINAL IN NON-GRANULAR SUBGRADE AREAS. ENGINEERING, DEVELOPER AG i EES TO COMPLY WITH THAT STANDARD. RESIDENTIAL STREET CROSS SECTION (60' ROW) 10' ' R.O.W. 10' I 66 U.E. U.E. I 18' 30' B-B 18' on I 1' 51 12' I I TYP. 2 TYP. o COMB. CC&G 86.12 (TYP) 1-1/2" BITUMINOUS CONCRETE SURFACE COURSE 2-1/2" BITUMINOUS CONCRETE BINDER COURSE 5' SIDEWALK (TYP) 10" AGGREGATE BASE COURSE PAVEMENT FABRIC SHALL BE PLACED BENEATH AGGREGATE BASE IN NON—GRANULAR SUBGRADE AREAS. RESIDENTIAL STREET CROSS SECTION (66' ROW) 10' 100' R.O.W. 10' I U.E. 20 U.E. I ' 20' 20' 20' 20' I e-e - 1' 5' 14' 13-13-13 I 2P. TYP. o COMB. CC&G 86.12 (TYP) TDAIJ'r MINOUS CONCRETE SURFACE COURSE US CONCRETE BINDER COURSE REGATE BASE COURSE _ ' PAVEMENT CROSS-SECTION IS FOR ENTRANCE OFF 5- SIDEWALK (TYP) OF KENNEDY ROAD AND BRISTOL RIDGE ROAD ONLY. PAVEMENT CROSS-SECTIONS AT ALL OTHER 100' R.O.W. : C SHALL BE LOCATIONS ARE TO HAVE. PLACED BENEATH AGGREGATE BASE - 1-1/2" BITUMINOUS CO N RETE SURFACE COURSE IN NON-GRANULAR SUBGRADE AREAS. - 4-1/2" BITUMINOUS CO CRETE BINDER COURSE - 12" AGGREGATE BASE C URSE RESIDENTIAL STREET CROSS SECTION (100' ROW) C O W H E Y 1EXHIBIT T NO. IR-2 M U N D S O N RESIDENTIAL STREET CROSS SECTIONS k'ROJECT NO. 2807.00 L E D E R LTD ATE 8/04/03 300 PARK BOULEVARD GRANDE RESERVE SCALE N.T.S. ITASCA, ILLINOIS 60143 CONSULTING ENGINEERS YORKVILLE, ILLINOIS PRAWN BY : DPO August 04, 2003 3:15:02 p.m. AcadVer:15.' CHECKED BY DAT (630) 250-9595 Drowing: F:\CADD\2807.00\312\EXHIBITS\2807STREET_SECTS.DWG (224) © COPYRIGHT 2002 10' 70' R.O.W. 10' U.E. U.E. I f 18' 34' B-B 1$' 1' 5' 12' I I I 2� TYP. 2�� �p COMB. CC&G icx�, cr 86.12 (TYP) 7,1111CMT97APM " BITUMINOUS CONCRETE SURFACE COURSE" BITUMINOUS CONCRETE BINDER COURSE 5' SIDEWALK (TYP) GGREGATE BASE COURSE BE PLACED BENEATH AGGREGATE BASE IN NON-GRANULAR SUBGRADE AREAS. RESIDENTIAL STREET CROSS SECTION (70' ROW) (WITH 34' BC-BC) WIDTH AS REQUIRED TO INCLUDE TRAIL/SIDEWALK 10' 70' R.O.W. U.E. U.E. 40' 30' ' 39' B-B 10.5' 20.5 I 1 5' 14.5' 14.5' I (MINIMUM PARKWAY) I I %TTYP. 2%TYP. 0 I ~ Z a' Z U N W T�_ B6.12 B. CC&G o W' BIKE TRAIL OR a (TYP) a p' SIDEWALK 0� 0 nCL 5' SIDEWALK (TYP) 1-1/2" BITUMINOUS CONCRETE SURFACE COURSE 4-1/2" BITUMINOUS CONCRETE BINDER COURSE 12" AGGREGATE BASE COURSE !� PAVEMENT FABRIC SHALL BE NOTES: PLACED BENEATH AGGREGATE BASE 1. ALL CROSS SECTION EASEMENT WIDTHS SHALL VARY IN NON-GRANULAR SUBGRADE AREAS. AS REQUIRED BY APPROVED FINAL ENGINEERING. 2. IF EDGE SEALING HAS BEEN INCLUDED IN THE CITY'S REQUIRED SPECIFICATIONS PRIOR TO APPROVAL OF FINAL ENGINEERING, DEVELOPER AGREES TO COMPLY WITH THAT STANDARD. RESIDENTIAL STREET CROSS SECTION (70' ROW) (WITH 39' SC-BC) C O W H E Y EXHIBIT N0. IR-3 G M, D M U N D S O N RESIDENTIAL STREET CROSS SECTIONS ' PROJECT NO. 2807.00 L E D E R , L T D . DATE 8/04/03 300 PARK BOULEVARD GRANDE RESERVE SCALE N.T.S. ITASCA, ILLINOIS 60143 YORKVILLE, ILLINOIS DRAWN BY : DPO CONSULTING ENGINEERS August 04, 2003 3:16:07 p.m. AcodVer:t5.' CHECKED BY DAT (630) 250-9595 Drowing: F:\CADD\2807.00\312\EXHIBITS\2807STREET—SECTS.DWG (224) © COPYRIGHT 2002 10' 66' R.O.W. 10' I U.E. U.E. I 18' 30' B-B 18' 5' 12' TYP. 2% TYP. � r— ( 3 3 d COMB. CC&G D 66.12 (TYP) (� 1-1/2" BITUMINOUS CONCRETE SURFACE COURSE 4-1/2" BITUMINOUS CONCRETE BINDER COURSE e.ww 5' SIDEWALK (TYP) 12" AGGREGATE BASE COURSE PAVEMENT FABRIC SHALL BE PLACED BENEATH AGGREGATE BASE IN NON-GRANULAR SUBGRADE AREAS. SpM ace HOA / aue W7 777A E� RESIDENTIAL STREET CROSS SECTION (66' ROW AND 3W B -BC) (THROUGH NEIGHBORHOOD 14 & 15 ONLY, REFER TO MAP) II 10' 80' R.0.W. 10' U.E. U.E. 20.5' 39' B-B 20.5' I 5' 14.5' I I TYP. 2% TYP. 3 o COMB. CC&G B6.12 (TYP) 1-1/2" BITUMINOUS CONCRETE SURFACE COURSE 4-1/2" BITUMINOUS CONCRETE BINDER COURSE 5' SIDEWALK (TYP) 12" AGGREGATE BASE COURSE L....,... ,...,__ PAVEMENT FABRIC SHALL BE PLACED BENEATH AGGREGATE BASE NOTES: IN NON-GRANULAR SUBGRADE AREAS. 1. ALL CROSS SECTION EASEMENT WIDTHS SHALL VARY AS REQUIRED BY APPROVED FINAL ENGINEERING. 2. IF EDGE SEALING HAS BEEN;INCLUDED IN THE CITY'S REQUIRED SPECIFICATIONS PRIOR TO APPROVAL OF FINAL ENGINEERING, DEVELOPER AGREES TO COMPLY WITH THAT STANDARD. RESIDENTIAL STREET CROSS SECTION (SW ROW) (WITH 39' BC—BC) C O .WHEY EXHIBIT NO. IR-4 G U D M "U N D S 0 N RESIDENTIAL STREET CROSS SECTIONS PROJECT NO. 2807.00 t_ -Ltib.E.�- 'o—'E ' R 9 L T D . DATE 8/04/03 300 PARK BOULEVARD GRANDE RESERVE SCALE N.T.S. ITASCA, ILLINOIS 60143 YORKVILLE, ILLINOIS DRAWN BY : DPO CONSULTING ENGINEERS August 04, 2003 3:13:06 p.m. AcodVer:15.06 CHECKED BY DAT (630) 250-9595 Drowing: F:\CADD\2807.00\312\EXHIBITS\2807STREET—SECTS.DWG (224) © COPYRIGHT 2002 � v � e� •IF Ail Ell 20 pt ppd FINE s�. .�• .�...,� �• 1, °�,= ■ ��� Chi u� 1�•a �� ,i rte;, a�.� -. r.7.,.,y �• �: ..: � . ��� 1■I� �;�� �11iI t,i �� .,,. _ III■ ■■■ ■ AM MM m rw� psi RcL,4 ml At up bal ♦ `�j 4L"'.4 MA plym 010,010, j wo *Alba ' R.O.W. • • EXHIBIT • QUMUNSN LOCATION PLAN • - ROADS WITH PROJECT No. 2807.00 1 1 • 1 1 66' • DATE 6/17/03 ' ll PARK BOULKYARD 111 SCALE 1 ITASM I IlMOIS 60143 CONSULTING ENGEREM DRAWN BY : 1 250-9595 • ILLINOIS , CHECKED rte. -��� ���-�y✓ "I u j Jpill Townhome �� . 111 . . •� ♦ N r a� ,gyp ■ �`� ■IIIIIIIIII ♦�� �\�RZ1�3J�"�• 1wi` Mm w- •. M �!f �•�� Mm �I� ■■.No LJ wp F4 ifts PROPOSED 60 FT R.O.W. LOCATION EXHIBIT��-_�_ � '=ice i► �► //♦♦�\II�I��I�.� w • . • W' '" E -Y-- LOCATION FOR • PROJECT • 2807.00 1 1 : R.O.W. DATE 6/17/03 ' ll PARK BOULKYARD SCALE 111 IMO EMOLS 60143 CONSULTING ENGREMMS DRAWN BY 1 ' . . 1 250-9595 YORKVILLE, ILLINOIS CHECKED - 1 'T A V :•s ■. ni fj1�!�-.�.Z % Vii,-.4+��•�I� I�i1 H'li 1��,�Qy'', ''I .14 hl����71�L.S��i•�1 r.! c� 'ajl �i r*''�v/ u j Townhome m ml 1 �. � 111 111 ■ . � :� III ♦ ��. ,� ,, l �♦h N r' 17��uTp , / �� �IIIIIIIIII� . m .I ■ WWI OR Mm IN I ,,. ��--__! ; �� i������ ��VIII�►��'■ PROPOSED 70 FT R.O.W. LOCATION (34- B/B PAVEMENT) gg. EXHIBIT NO. IR-7 COWHEY LOCATION FOR • 1 WITH PROJECT • 2807.00 c 1 1 • R.O.W. 1 DATE . • 11 PARK BOULEVARD SCALE 10=1000, ILLINOIS 1 60143 GRANDE 1 - � CONSULTING :d I [a:�" DRAWN (630) 250-9595 YORKVILLEq ILQNOIS CHECKED BY DAT ice. 7.�_��� �� s-'•.Z•���' � - r��• � i lr.,.a�,i.1 � r ' ��/• �". _ � 111 / � �� ' � 1111111 /= �- r���,1/� ■1 ifF ". -rill •. ! �m EIl■ ■■■ ■ PIP au lei LA 11 otq file X11 �� ��� � ���■ ■ �?, �, ��11 ���1 ��s'r�C :�"s� ter,:, .� � �i� �♦♦o����i X11 ►��� �i.����• ♦ PROPOSED 70 FT R.O.W. LOCATION (39- B/B PAVEMENT) ♦� - . \�\\ - . EXHIBIT NO. IR-8 .y • LOCATION PLAN FOR • 1 PROJECT . 2807.00 QUIDMUNDSON 1 R.O.W. 1 , 11 PARK BOULEVARD 000 I SCALE UMOIS 80143 GRANDE 1 I :� 1 :�:d 1 ' •BY 1 250-9595 • ILLINOIS CHECKED 1 ' ti���ASS• �o��ii� I'n•H•a • f;, 7 L ::,■� .- :.. �. r'.aiiJ.y�. r• Ali• 1!�I IJ :• 74*4 IN N•�H ���:sl:��..� -- 1 ,.1 •F o _ � /. ,, •" /Val �i loot m �m ONE 0 �m .I • TIP am all ,.. 1 �♦ ��1�� 111 �� ����� � � 111 1 ��� I�i�A ■ o r PROPOSED 80 FT R.O.W. LOCATION -r" EXHIBIT NO. COWHEY LOCATION PLAN FOR ROADS WITH PROJECT NO. 2807.00 QUIDMUNDSON : • • 300„ :O 00• rrASM VJMOIS 60143 GRANDE RESIRVE DRAWN BY I :d 1 a:�' , � CONSULTING 1 250-9595 • ILLINOIS CHECKED r.' A !Aw Aw V � �n.•tw) U�i� M ft .w. - 1 j .. a e � //�////' .,.• � .. � it �� J` �/ ��� ■IIIIIIIIII� _ mM r IN l� /� M� ■11. '11,. .��� ■ •� �- /� �m �I 3ii73fi. Im.- � �r ��il �� �►� 011 � t Rod . �� PROPOSED 100 ' R.O.W. • • EXHIBIT NO. IR-1 • COWHEY LOCATION • - ROADS 1 1 • LEDER , LTD . • 1 R.O.W. 1 11 PARK BOULWARD SCALE 1 =1 000, EUMOIS 60143 GRANDE 1 1 :� I .�:a" • • I 250-9595 • ILLINOIS . 70' ROW 35' 35' 24' 12' EXISTING 2-LANE PAVEMENT 3 3 0 o a: F N V) a EXISTING CROSS-SECTION 95' ROW I 60' 30' 35' 30' 4' 15' 15' 4' EXISTING PAVEMENT z TO BE WIDENED J 3 f- 3 0 0 En 4 � or �- f� w ( a PROPOSED CROSS-SECTION NOTE: ROADWAY WORK WILL BE IN ACCORDANCE WITH KENDALL COUNTY REQUIREMENTS. July 21, 2003 3:09:27 p.m. AeodVer:15.06 Drawing: F:\CADD\2807.00\312\PRELIM\ANNEX\2807ROAD—SECTS.DWG (224) EXHIBIT NO. IR-11 C O W H E Y PROJECT NO. 2807.00 G U D M U N D S 0 N GALENA ROAD L E D. E- :R , L T D . DATE 7/21/03 300 PARK BOULEVARD GRANDE RESERVE SCALE HORIZ. 1"=20' ITASCA, ILLINOIS 60143 YORKVILLE, ILLINOIS DRAWN BY ; DPO CONSULTING ENGINEERS CHECKED BY : DAT (630) 250-9595 © COPYRIGHT 2002 L 43' ROW 21.5' 22' 11' - — — — — — — — — — — -- — —. - 7= — �� - — — — — — — — — — — — — — — - EXISTING 2-LANE PAVEMENT 3 o O a 0 0 z V1 EXISTING CROSS-SECTION 71.5' ROW 21.5' 50' 30' 30' 11' 19' 4' - - - - - - -- - -. - - - - - /'L= — PAVM w EXISTING EE z TO BE WIDENED _j 3 O a LJ O I V) z NOTE: PROPOSED CROSS-SECTION THESE ROADWAY SECTIONS WILL ONLY BE BUILT IF THE CITY DOES NOT PROCEED WITH THE RECONSTRUCTION OF MILL ROAD, KENNEDY ROAD AND BRISTOL RIDGE ROAD. July 21, 2003 3:41:49 p.m. Acodver:15.06 Drawing: F:\CARD\2807.00\312\PRELIM\ANNEX\2807ROAD—SECTS.DWG (224) EXHIBIT NO. IR-12 C O W H E Y G' U D M U N D S O N MILL ROAD PROJECT No. 2so7.00 L.. E D E _ R , L T D DATE 7/21 /03 300 PARK BOULEVARD GRANDE . RESERVE SCALE HORIZ. I"=20' ITASCA, ILLINOIS 60143 YORKVILLE, ILLINOIS DRAWN BY : DPO CONSULTING ENGINEERS DAT (630) 250-9595 CHECKED BY © COPYRIGHT 2002 L 48' TO 58' ROW (VARIES) 22' 11' - - - - - - - - - - - - - -\ 3 3 o O � o= 3 � z EXISTING CROSS-SECTION VARIES VARIES 50' 30' 30' 4 15' 15' 4' z J 3 F- 3 o O EXISTING PAVEMENT a TO BE WIDENED O a ui 1n a 0: X W rr L PROPOSED CROSS-SECTION NOTE: (BRISTOL RIDGE ROAD TO RAILROAD TRACKS) THESE ROADWAY SECTIONS WILL ONLY BE BUILT IF THE CITY DOES NOT PROCEED WITH THE OF MILL ROAD, KENNEDY ROAD NANDUBRISTOL RIDGE ROAD. 100' ROW 30' 50' 50' 30' 30' 4' 15' 15' 4' Z w � Z 3 O O O EXISTING PAVEMENT TO BE WIDENED ao w a ao w aI 0: a PROPOSED CROSS-SECTION (WEST OF BRISTOL RIDGE RD & NORTH OF RAILROAD TRACKS) July 21, 2003 4:25:48 p.m. AcodVer:15,06 Drowing: F:\CADD\2807,00\312\PRELIM\ANNEX\2807ROAD—SECTS.DWG (224) EXHIBIT NO. IR-13 COWHEY (, U D M U N D S O N KENNEDY ROAD PROJECT No. 2807.00 L E„ D' E R , L T D . DATE 7/21/03 300 PARK BOULEVARD GRANDE RESERVE SCALE HORIZ. 1"=20 ITASCA, ILLINOIS 60143 YORKVILLE, ILLINOIS DRAWN BY DPO CONSULTING ENGINEERS DAT (630) 250-9595 CHECKED BY © COPYRIGHT 2002 70' ROW 35' 35' 22' EXISTING 2-LANE 0 PAVEMENT W N z EXISTING CROSS-SECTION 100' ROW 30' 50' 50' 30' 30' 4' 15' 15' 4' - - --- - - - - - - - -- _ / w z z J -� EXISTING PAVEMENT o ~ TO BE WIDENED o J o o Ia x w z NOTE: PROPOSED CROSS-SECTION THESE ROADWAY SECTIONS WILL ONLY BE BUILT IF THE CITY DOES NOT PROCEED (GRANDE RESERVE ON BOTH SIDES) WITH THE ROAD RECONSTRUCTION O R IL ROAD, 85' ROW 35' 50' 30' 30' 4' 15' 15' 4' W z J EXISTING PAVEMENT o 03 TO BE WIDENED o x D: w 3 z PROPOSED CROSS-SECTION (ADJACENT TO RIVER RIDGE SUBDIVISION) July 21. 2003 4:25:35 p.m. AcoAVer:15.06 Drawing: F:\CARD\2807.00\312\PRELIM\ANNEX\2807ROAD—SECTS.DWG (224) EXHIBIT NO. IR-14 CO BRISTOL RIDGE ROAD W HEY G U D M U N D S O N PROJECT No. 2807.00 L E D E R , L T D DATE 7/21/03 300 PARK BOULEVARD GRANDE RESERVE SCALE HORIZ. 1"=20' ITASCA, ILLINOIS 60143 YORKVILLE, ILLINOIS Y : oP0 CONSULTING ENGINEERS DRAWN B (630) 250-9595 CHECKED BY DAT © COPYRIGHT 2002 L ROW VARIES 26' 13' - - - - - - - - - - - - -� - - - - - -- - - - - - - EXISTING 2-LANE PAVEMENT 0 0 0: 0_ W Z W EXISTING CROSS-SECTION IROW (VARIES) BUFFER 60' VARIES (VARIES) 26' 13' EXISTING 2-LANE Z PAVEMENT J 0 3 0 a' 0 o- � Z N L PROPOSED CROSS-SECTION NOTES: ROAD WIDENING WILL BE IN ACCORDANCE 1. ROW WIDTH OF U.S. ROUTE 34 TO BE DETERMINED WITH IDOT PERMIT REQUIREMENTS BASED UPON FINAL NEGOTIATIONS WITH IDOT REGARDING THE LOCATION OF THE NW ROW LINE. 2. SIDEWALK TO BE DETERMINED SUBJECT TO CITY POLICY FOR ROUTE 34 DESIGN. August 04, 2003 3:21:17 p.m. AcodVer:15.06 Drowinq: F:\CADD\2807.00\312\PRELIM\ANNEX\2807ROAD—SECTS.DWG (224) EXHIBIT NO IR-15 C O W H E Y G U D M U N D S O N US ROUTE 34 PROJECT NO. 2807.00 L E D E R , L T D . ��1 DATE 8/04/03 300 PARK BOULEVARD CALE HORIZ. 1"=20' ITASCA, ILLINOIS 60143 GRANDE RESERVE s CONSULTING ENGINEERS YORKVILLE, ILLINOIS DRAWN BY : DPO (630) 250-9595 CHECKED BY DAT © COPYRIGHT 2002 L R6 GRAPHIC SCALE O' s • r s .• R26 (IN FAT) !� 1 Inch 40 R 4' SIDEWALK 6'• �S• •�O 800, B B 60.00' R W CUL-DE-SAC GEOMETRY (5W ROW) FOR NEIGHBORHOOD 1 \ GRAPHIC SCALE „ • w a • R6S 00, ���0 1 i h 40 I' 5' SIDEWALK I I 1 1 � I � \ �O , R511�O' i 30!00' �R3p p p, B[B I 1 66.100' R W I I CUL-DE-SAC GEOMETRY (66' ROW) ,w,•17.2003 11:2!k32„rk.Ato0Wr:15.05 aowkiV F:\CAOO\2807.00\312\PRELIM\Aw4Ez\28070)DESAC.owc(sss) C O W H E Y TYPICAL CUL-DE-SAC EXHIBIT NO. IR-16 G U D M U N D S O N �h GEOMETRY PROJECT NO. 2807.00 L E D E R , L T D . DATE 6/17/03 300 PARK BOULEVARD SCALE 1"=60' ITASCA, ILLINOIS 60143 - -GRANDE RESERVE CONSULTING ENGINEERS YORKVILLE, ILLINOIS DRAWN BY DPO (630) 250-9595 CHECKED BY : DAT i EXHIBIT J PROJECT SIGNAGE All project signage is subject to review and permitting but will be in substantial conformance with the following and shall meet any site distance and other health/safety issues: I. Onsite Project Identification Signs: 1. Number: 7 2. Maximum Height: 20 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 200 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by Developer II. Onsite Model Home Signs: 1. Number: 1 sign for each model home 2. Maximum Height: 6 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 32 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by Developer III. Onsite Directional and Information Signs: 1. Number: No maximum number 2. Maximum Height: 6 feet 3. Maximum Sign Faces Per Sign: 2 4. Maximum Sign Face Area Per Side: 16 square feet 5. Illumination: Permitted 6. Minimum Setback from Property Line: 5 feet 7. Location: As from time to time determined by Developer IV. Onsite Sales or Marketing Signs/Flags: 1. Number: 12 2. Maximum Height: 25 feet(Flags/Poles) 3. Maximum Sign Faces per Sign: 2 4. Maximum Sign Face Area Per Side: 32 square feet 5. Illumination: Permitted 6. Location: As from time to time determined by Developer cc V. Permanent Entry Monument Signs: Permanent entry monument signs and treatments shall be permitted in compliance with applicable provisions of the City Sign Ordinance or as otherwise approved by the City Council or Building and Zoning Officer upon request by DEVELOPER. VI. Other Signs: In addition to those permitted signs as identified in this Exhibit "J", DEVELOPER shall further have the right to from time to time install and utilize such other signage upon the SUBJECT PROPERTY as otherwise permitted pursuant to the provisions of applicable ordinances of the CITY. Prototypical signs are included as Exhibit "J1" and Exhibit"J,". I f EXHIBIT "A 91 W N 1 1 1 1 1 1 Z�a,� � 61 511 11 W o Q 4J1 211 a N Z �--� Z 'r- 10, J N • o SIGN TYPE E - Permanent Entry Monument Big= z E (Concept Elevation Shawn) z=:; •Sign total - as needed, no more than two monuments per entry. n •Maximum Height - 8 Feet. •Maximum of one sign face per monument. -Maximum Sign Face Area = 60 Sq. Ft. •Illumination Permitted. 201-011 •Minimum Setback from Property Line - 3 Feet (Minimum Setback may i change on roads that are state, county or federal) •Sight Vision Clearance Triangle - 30' minimum. N 4 - o 4, It JIGN TYPE A - on Site Pro Indenttfleatian � SIGN TYPE C - On Site Directional and Information Sign. SIGN TYPE F- Off Site Mar onai Signs ghWared Orientation Shawn (Prefer" Orientation Shawn) (Prefered Orientation Shawn) a •Maximum Height - 20 Feet. •Sign total - as needed -Signs Total - as needed. •Maximum of two sign faces per Sign. •Maximum Height - 6 Feet. •Maximum Height - 20 Feet. -Maximum Sign Face Area per side = 200 Sq. Ft. -Maximum of two sign faces per Sign. -Maximum of two sign faces per Sign. •Illumination Permitted. •Maximum Sign Face Area per side = 16 Sq. Ft. -Maximum Sign Face Area per side = 200 Sq. Ft. •Minimum Setback from Property Line - 5 Feet. •Illumination Permitted. •Illumination Permitted. •Location to be determined, as needed, by Developer. •Minimum Setback from Property Line - 5 Feet. •Minimum Setback from Property Line and Sight Vision •Location to be determined, as needed, by Developer. Triangle to be determined. •Location to be determined, as needed, by Developer. .�--C/ to g U Y � 4 N O � M H Q ; L � M O M j O C Z O BIGN TYPE H - On Site Model Home Signs SIGN TYPE D - On Site Bales or Marketing Bigas/Fiags SIGN TIM G - Oft Site Msrio�/'Barma Shave' � (Prefered Orientation Shawn) (Prefered Orientation Shawn) (Frefered orientation Shawn) •One Sign per Model Home. •Sign total - 12. -Sign total - as needed •Maximum Height - 6 Feet. •Maximum Height - 25 Feet (Flags/Poles) •Maximum Height - 5 Feet (1 Ft. from ground level) Maximum of two sign faces per Sign. •Maximum of two sign faces per Sign. -Maximum of two sign faces per Sign. • aximum Sign Face Area per side = 32 Sq. Ft. •Maximum Sign Face Area per side = 32 Sq. Ft. •Maximum Sign Face Area per side = 12 Sq. Ft, Illumination Permitted. •Illumination Permitted. -Setback from Property Line/Roadway to be determined. •Minimum Setback from Property Line - 5 Feet. -Location to be determined, as needed, by Developer. Will respect sight distance and visibility issue. •Location to be determined, as needed, by Developer. •Location to be determined, as needed, by Developer. GROUP EXHIBIT ".12" GRANDE. RESERVE , _ Note: The location of, the Entrance Monuments may vary subject to easement locations. ENTRY MONUMENT SIGN CONCEPT •Monument Walls shall be stacked stone veneer. Prepared For: MPI — Yorkville •Accents, banding and caps shall be limestone. Prepared By: JENLAND Design, Inc. •Columns and Walls shall have column mount Project: Grand Reserve light fixture. Glass and finish to be determined Yorkville, Illinois by Developer. •Fencing shall be ornamental aluminium fence. Dated April 15, 2003 •Sign face shall be spotlighted to allow for visibility. Not to scale •Columns and walls shall be washed with low light levels to accent monument. •Concept design is provided for illustrative purposes. W ZF-� L< �W � II I I II I III o I I I I l Zo� II ( I I I I I I I I ggy� III I II I I I ( I Zz ( ( ( I I I I J tam II I i II I n0- III I II I + + I - + I � � PO I I \ Parkes \ \ y — t/yp. / Tree— \ - U . + + T Evergreen Tree—typ. v 4 oho Flowering Shrubs—typ. z R U 0 ac PROPOSED RIGHT-OF-WAY LINE 10 Ft. Set � — — � — — — — — a from R.0.�1�typ E tr onument Ornamental Tree—typ. Low Flowering tYpic — See Perennials/Groundcover—typ. Shrubs—typ. C nc t Elevation w Seasonal C With stone outcropping S olor PROPOSED 4�SHOULDER I Pocket—typ. EXISTING RIGHT-OF-WAY LINE ow Evergreen Shrub—typ. W n N 0 p 0O • y N O 0 1•] Notes: U.S. ROUTE 34 The location of the Entrance Monuments may vary $ r subject to easement locations. Concept Design is provided for illustrative purposes. � EY,ISTING RIGHT—OF—WAY LINE s s s EXHIBIT "K" RECAPTURE AGREEMENT RECAPTURE AGREEMENT THIS RECAPTURE AGREEMENT ("Agreement"), is made and entered as of the day of , 2003,by and between the UNITED CITY OF YORKVILLE, an Illinois municipal corporation ("City") and MPI-2 YORKVILLE CENTRAL LLC, MPI-2 YORKVILLE NORTH LLC, MPI-2 YORKVILLE SOUTH I LLC, and MPI-2 YORKVILLE SOUTH II LLC), all Illinois Limited Liability Companies, ("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 Grande Reserve Subdivision ("Subdivision"). B. Developer and the City have heretofore entered into that certain Annexation Agreement dated , 2003 ("Annexation Agreement") pertaining to the annexation and development of the Subdivision within the City. I C. Developer desires to recapture an 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. 1 w 1 2. BENEFITTED 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. 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 "Recapture 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 owed 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 Items, whichever shall first occur, the City shall collect from such Benefited Owner, or its agent or representative,the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No Benefited Parcel which is a part of a subdivision (whether by plat or division by deed) shall be approved or recognized by the City or be issued a connection permit to a 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. 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 for such Benefited Parcel within ten years following the date of this Agreement, this Agreement, and each and every duty and undertaking set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further force and effect as to such Benefited Parcel. 9. LIEN. The recordation of this Agreement against the Benefited Properties shall create and constitute a lien against each Benefited Parcel, and each subdivided lot hereafter contained therein, in the amount of the Recapture Costs, plus interest, applicable hereunder to such Benefited Parcel. 10. MISCELLANEOUS PROVISIONS. A. Agreement: This Agreement may be amended upon the mutual consent of the parties hereto from time to time by written instrument and conformity with all applicable statutory and ordinance requirements and without the consent of any other person or corporation owning all or any portion of the Benefited Properties. B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure to the benefit of and be binding upon the successors and assigns of Developer and any successor municipal corporation of the City. C. Enforcement: Each party to this Agreement, and their respective successors and assigns, may either in law or in equity,by suit, action, mandamus, or other proceeding in force and compel performance of this Agreement. D. Recordation: A true and correct copy of this Agreement shall be recorded, at Developer's expense, with the Kendall County Recorder's office. This Agreement shall constitute a covenant running with the land and shall be binding upon the Benefited Properties in accordance with the terms and provisions set forth herein. E. Notices: Any notice required or desired to be given under this Agreement, unless expressly provided to the contrary herein, shall be in writing and shall be deemed to have been given on the date of personal delivery, on the date of confirmed telefacsimile transmission provided a hard copy of such notice is deposited in the U.S. mail addressed to the recipient within twenty-four hours following the telefacsimile transmission, or on the date when deposited in the U.S. Mail, registered or certified mail,postage prepaid, return receipt requested, and addressed as follows: If to City: United City of Yorkville Attn: City Clerk 800 Game Farm Road Yorkville, E 60540 Fax: (630) 553-8330 With a copy to: United City of Yorkville's Attorney Daniel J. Kramer, esq. 1107 Al j South Bridge Street Yorkville, Il Fax: (630) 553-5764 (I) If to OWNER and DEVELOPER: Isenstein Pasquinelli, LLC 6880 N. Frontage Road, Ste. 100 Burr Ridge, IL 60527 Attn: Tony Pasquinelli and to: Moser Enterprises, Inc. 5th Avenue Station 300 East 5th Avenue, Suite 430 Naperville, EL 60563 Attn: Art Zwemke with copy to: John F. Philipchuck, Esq. DBCW, Ltd. 123 Water Street Naperville, IL 60566-0565 I 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 and 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. H. Captions and Paragraph Headings: Captions and paragraph headings incorporated herein are for 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. I IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as of the date first above written. OWNERS: MPI-2 YORKVILLE NORTH LLC MPI-2 YORKVILLE SOUTH II LLC an Illinois Limited Liability Company An Illinois Limited Liability Company By: MPI Manager, Inc. By: MPI Manager, Inc. Its: Manager Its: Manager Arthur C. Zwemke, Its President Arthur C. Zwemke, Its President Dated: Dated: MPI-2 YORKVILLE CENTRAL LLC CITY: an Illinois Limited Liability Company UNITED CITY OF YORKVILLE By: MPI Manager, Inc. an Illinois municipal corporation Its: Manager By: Title: Mayor Arthur C. Zwemke, Its President Dated: Attest: Title: City Clerk MPI-2 YORKVILLE SOUTH I LLC An Illinois Limited Liability Company By: MPI Manager, Inc. Its: Manager Arthur C. Zwemke, Its President Dated: EXHIBIT "L" RIGHT-TO-FARM STATEMENT 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. Property that supports this industry is indicated by a zoning indicator — A-1 or Ag Special Use. Anyone constructing a residence or facility near this zoning should be aware that normal agricultural practices may result in occasional smells, dust, sights, noise, and unique hours of operations that are not typical in other zoning areas.