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Home My Public Portal AboutOrdinance 2381Ordinance No. 2381 MARY pNN STUK~I 29P R 200408212 Wt t t Ceunty Iteeardor Page 1 of x! ~~'~~~I~I~~d~~~~~ AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD, ILLINOIS, AND FIRST MIDWEST BANK/JOLIET NATIONAL ASSOCIATION, FORMERLY KNOWN AS UNION NATIONAL BANK AND TRUST COMPANY OF JOLIET, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 18, 1986, AS TRUST AMBER 4914 AND SUMMIT DEVELOPMENT CORPORATION TT""//~~ ~~~:-~~/7:~c~D ~C~O~, ~~3-~D /~a ~-~o/ ~~e ~~-i~~~D-mil WHEREAS, an Annexation Agreement, a true and exac~ copy of which is attached hereto as Exhibit "A", and by reference thereto incorporated herein, has been submitted to the Corporate Authorities of the Village of Plainfield by the owners. WHEREAS, a public hearing was held before the Corporate Authorities of the Village of Plainfield, after publication of notice, upon the proposed Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENTAND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: Sec. 1: That the President and Village Clerk are hereby authorized and directed to execute the aforesaid Annexation Agreement for and on behalf of the Village of Plainfield, Illinois. That all ordinances or parts thereof in conflict herewith are hereby repealed. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. This Ordinance shall be numbered as Ordinance No. 2381 ~~ ~~ PASSED THIS 19th DAY OF Janua , 2004. AYES: Thomson, Fay, Waldorf, Collins, Swalwell, O'Connell. 'NAYS: 0 ABSENT: Mayor Rock APPROVED THIS 19th DAY OF January , 2004. ./' ~~ ~~~~~~ VILLAGE PRESIDENT ATTEST = '-VILLAGE CL K / ~~Ri~~~ (~~ Il~~~ ~ ~ ~ n7-7 _~veJf+nilK ~7 L6ck ~~ ~ ~~QfiD GU }~ J~~CLI,J~iP~~O~~ ZL. ~ol~S4.5~ a 2/03/04 - . - ANNEXATION AGREEMENT FOR SUMMIT HOMES, CREEKSIDE THIS ANNEXATION AGREEMENT is entered into this day of 2004, by and between the Village ofFlainfield, an Illinois munici al corporation (herein fter referred to as "VILLAGE"), and FIRST MIDWEST BA FORMERLY KNOWN AS UNION NATIONAL BANK AND TRUST COMPANY OF JOLIET, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 18, 1986, AS TRUST NUMBER 4914, (hereinafter referred to as "Owner"), and SUMMIT DEVELOPMENT CORPORATION, a Lennar Company (hereinafter referred to as "Developer") for all the property legally described in the Plat of Annexation marked as Exhibit "A," attached hereto and made a part hereof. WITNESSETH: WHEREAS, the VILLAGE is an Illinois municipal corporation; and, WHEREAS, the OWNER are the owner of record of the real property legally described in Exhibit "A" (said property referred to herein as the "SUBJECT PROPERTY"), the Plat of Annexation and the legal description, attached hereto and hereby incorporated and made a part of this Agreement, which is not within the corporate limits of any municipality and which constitutes the subject premises to be annexed to the Village; and WfIEREAS, the SUBJECT PROPERTY is contiguous or may become contiguous with the corporate limits of the VILLAGE; and WHEREAS, it is the intention ofthe parties that the annexation of the SUBJECT PROPERTY to the VILLAGE be upon the terms and conditions of this agreement; and WHEREAS, it is the intention of the parties hereto that the current owner of record is not to assume any obligations under this Agreement and that the Village shall look solely to the Developer herein, who is the contract purchaser of the property, their successors and assigns, if any, to perform any and all obligations under this Agreement; and l OSO 18/6 ,3 WHEREAS, in accordance with 65 ILCS 5/11-15.1-1 et seq. ofthe Illinois Compiled Statutes and pursuant to lawful notice, the VILLAGE has placed this Agreement before the public for comment and hearing by its Corporate Authorities; and WHEREAS, the VILLAGE, by its Corporate Authorities, shall consider an ordinance adopting this Agreement in the manner provided by law; and WHEREAS, the adoption and approval of this Agreement is an exercise of the powers vested in the VILLAGE by the Illinois Compiled Statutes. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, it is hereby agreed as follows: 1. INCORPORATION OF RECITALS AND EXHIBITS. The foregoing recitals are hereby incorporated into the body of this agreement as if fully set forth and repeated herein. Any exhibit referred to in this agreement and attached hereto shall also be considered incorporated herein by express reference. 2. ANNEXATION AND ZONING. OWNER agrees within seven (7) days after the execution of this Agreement to file properly executed petitions for annexing and zoning said premises, if said petitions have not already been filed. Within thirty (30) days of contiguity the VILLAGE agrees, pursuant to requisite notice having been given, and in accordance with law, to enact and adopt ordinances annexing and zoning the premises designated in Exhibit A, attached hereto and made a part of this Agreement, to zoning classification R-1 Low Density Single Family Residence District, Special Use Planned Unit Development. OWNER and DEVELOPER agree that the Subject Property shall be developed in accordance with the ordinances of the VILLAGE, as approved or subsequently amended, and agree to follow all of the policies and procedures ofthe VILLAGE in connection with such development except as modiEed in this Agreement and shall develop the Subject Property in accordance with the Concept Plan dated September 16, 2003 and last revised January 19, 2004, which is marked "Exhibit B," attached hereto and made a part of this Agreement. ~" y 1 p501$/6 3. PARK AND LIBRARY DISTRICT ANNEXATION. Upon annexation ofthe Subject Property to the VILLAGE, the OWNER agrees to file petitions to annex the Subject Property to the Plainfield Township Park District and the Plainfield Library D15tr1Ct. The OWNER agrees to annex the SUBJECT PROPERTY to the Plainfield Township Park District and Plainfield Public Library District with 30 days of contiguity with the Districts. 4. PARK AND SCHOOL DONATIONS. The OWNER and DEVELOPER agree to comply with the Village Ordinance on land/cash donations for park and school sites. Fees paid in lieu of park land are required prior to the release of the final plat. 5. FIRE PROTECTION DISTRICT DONATION The OWNER and DEVELOPER agree to pay $100.00 contribution per residential unit to the Fire Protection District in which the unit is located and $O.OS per square foot for commercial development. The fee will be paid at the tirrie of building permit issuance. 6. LIBRARY IMPACT FEE. The OWNER and DEVELOPER agree to pay the applicable contribution per unit, as set forth in the inter-governmental agreement between the VILLAGE and the Plainfield Library District. The fee will be paid at the time of building permit issuance. 7. WATER AND SEWER SERVICE. VILLAGE represents and warrants that the 278 acres of the SUBJECT PROPERTY described in Exhibit A is currently within the FPA (Facilities Planning Area) of the VILLAGE or if not presently in the FPA, the Village will submit all required applications to include the SUBJECT PROPERTY into the Village's FPA. All application and associated costs to amend the FPA shall be the responsibility of the DEVELOPER. S. WATER AND SANITARY SEWER FEES. Connection fees required for connection to the Village's sanitary sewer system are as established by Village Ordinance. The minimum connection fees to the Village's water supply system are as follows: 105018/b Water Meter size (inches) Water Connection Fee 5/g $2,600.00 3/4 $2,600.00 1 $3,110.00 1 '/Z $3,570.00 2 $4,030.00 3 $4,490.00 4 $4,940.00 6 $5,860.00 All sanitary sewer construction requiring an Illinois Environmental Protection Agency construction permit, upon receipt of required IEPA Sewer Permit, but before any sewer main construction, the property owner or OWNER shall be required to pay the Village the total sewer connection fee for the entire area served by said permit. The population equivalent stated on the IEPA permit shall be the basis for calculating the required connection fees. Substantial sanitary sewer construction shall begin within ninety (90) days of receiving required IEPA sewer construction perzxzits. 9. RECAPTURE FEES. Upon development, OWNER or DEVELOPER shall be obligated to pay any recapture fees as applicable to the annexed property for municipal water, sanitary sewers, storm water, roadways, traffic signals or improvements or any other improvements as set forth in 65 ILCS 5/9-5-1. VILLAGE may adopt any necessary ordinances to provide for recapture to OWNER for streets, water, sanitary sewer or storm sewer lines constructed by OWNER, which benefit other properties by the installation and/or over sizing of said improvements. Such recapture ordinances shall only be adopted upon satisfactory demonstration by the OWNER or DEVELOPER that the recapture is fair and equitable and that provision ofnotice of the proposed recapture fees is provided to affected property OWNER, The determination that a proposed recapture is fair and equitable shall be solely that of the Village. Any recapture ordinances shall be fox a maximum of ten (10) years froze the date of adoption of said ordinance with 4% interest payable to the OWNER or DEVELOPER commencing two (2) years from the date of completion of said improvement. An administrative fee shall be charged at the rate of two percent (2%) of the total recapturable amount payable to the VILLAGE to cover administrative costs of the recapture agreement. 10. ANNEXATION FEES. The OWNER and DEVELOPER agrees to pay an annexation fee to the VILLAGE of $2,500 unit for any residential development or $4,000 per gross acre for commercial development, payable at the time of final plat or if no platting is necessary, prior to building permit. 105018/6 11. TRAFFIC IMPROVEMENT FEE The OWNER and DEVELOPER agree to pay a traffic improvement fee to the Village of $2000.00 per unit of residential development and $.10 per square foot of buildings for commercial development. Square footage for commercial development is based on gross building area. Said fees shall be payable at the time of final plat or if no platting is necessary, prior to building permit. 12. MUNICIPAL FACILITY FEE The Owner and Developer agree to pay $2000.00 per unit for future municipal facilities. Said fees shall be payable at the time of final plat or if no platting is necessary, prior to building permit. 13. FORESTATION. The OWNER and DEVELOPER will provide one (1) parkway tree for each interior lot and three (3) parkway trees for each corner lot. All parkway trees shall be 2'/z-inch minimum caliper xrieasured 2 1/7 feet from the ground. At least 2 additional private trees will be provided on each lot no less than 2-inch diameter. Commercial properties require the submittal of a complete landscape plan and site plan approval. 14. ARCHITECTURAL DESIGN PROVISIONS. The OWNER and DEVELOPER agree to provide a variety of architectural designs for residential dwelling units for the purpose of discouraging excessive similarity between units, including but not limited to single family, duplexes, and multi-family developments. The OWNER and DEVELOPER agree to establish appropriate policies and procedures to provide distinction between surrounding dwelling units, including front, rear and side elevations, for the purpose of anti-monotony as defined in Exhibit C. 15. VARIANCES. No variances will be necessary to develop the property. (If variances are required, they shall be described and attached as an Amendment, Exhibit C) 16. MISCELLANEOUS FEES. All other fees provided far by ordinance and uniformly applied and collected in connection with the development of the property within the corporate limits of Plainfield, except as otherwise specified in this agreement shall be applicable to the subject realty. Payment of all fees due under the Village Ordinances, together with the posting ofany and all letters ofcredit and other guarantees ~~ 105018/6 shall be apre-condition to the approval by the Village of any final plan, plat or site plan submitted by OWNER and DEVELOPER under this agreement. 1.7. AMENDMENTS. This agreement, including the attached exhibits, may be amended only with the mutual consent of the parties by a duly executed written instrument. In the case of the VILLAGE, the written instrument may only be in the form of an ordinance duly adopted in accordance with applicable laws. Modifications subsequent to this Agreement's adoption shall require a public hearing and procedures consistent with law. 18. POSITIVELY PLAINFIELD The OWNER and/or DEVELOPER agree to become a member of Positively Plainfield and pay all associated casts. Initial membership shall be at the time of the first final plat and continue two years after the last final plat is recorded. If final platting is not necessary for commercial development, membership shall be for two years after site plan approval. 19. EXHIBIT C. Any modifications to the VILLAGE' S standard annexation agreement provisions are set forth in Exhibit C. The OWNER, DEVELOPER and VILLAGE agree that should any conflicts between Exhibit C and the text of this agreement exist, the provisions of the text shall supersede those of Exhibit C. 20. DORMANT SPECIAL SERVICE AREA (SSA) OWNER and Developer agree to the Village enacting a dormant Special Service Area (SSA) to act as a back-up in the event that the Homeowner's Association fails to maintain the private common areas, private detention ponds, perimeter landscaping features, and entrance signage within the Subject Property. The special service area will be completed as part of the first phase of development. 21. ENFORCEMENT. This agreement shall be enforceable by any action at law or inequity, including actions far specific performance and injunctive relief. The laws of the State of Illinois shall control the construction and enforcement of this agreement. The parties agree that all actions instituted on this agreement shall be commenced and heard in the Circuit Court of Will County, Illinois, and hereby waive venue in any other court of competent jurisdiction. Before any failure of any party to perform any obligation arising from this agreement shall be deemed to constitute a breach, the party claiming f~._._. 105018/6 Q the breach shall notify the defaulting party and demand performance. No breach of this agreement shall have been found to have occurred if performance is commenced to the satisfaction of the complaining party within thirty (30) days of the receipt of such notice. 22. EFFECT OF SUCCESSORS. This agreement shall be binding upon and inure to the benefit of the VILLAGE and its successor municipal corporations and corporate authorities. This agreement shall be binding upon and inure to the benefit of OWNER and their grantees, lessees, assigns, successors and heirs. 23. CONSTRUCTION OF AGREEMENT. This agreement shall be .interpreted and construed in accordance with the principles applicable to the construction of contracts. Provided, however, that the parties stipulate that they participated equally in the negotiation and drafting of the agreement and that no ambiguity contained in this agreement shall be construed against a particular party. 24. SEVERABILITY. If any provision, covenant, agreement or portion of this agreement ar its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provision, covenants, agreement or portions ofthis agreement this agreement are declared to be severable. 25. EFFECT OF THIS AGREEMENT. The provisions of this agreement shall supersede the provisions of any ordinances, codes, policies or regulations ofthe Village which maybe in conflict with the provisions of this agreement. 26. DURATION. This agreement shall remain in full force and effect for a term aftwenty (20) years from the date of its execution, or for such longer period provided by law. 27. NOTICE. Any notice or demand hereunder from one party to another party or to an assignee or successor in interest of either party or from an assignee or successor in interest of either party to another party, or between assignees or successors in interest, either party shall provide such notice or demand in writing and shall be deemed duly served if mailed by prepaid registered or certified mail addressed as follows: <~~ 105018/6 y If to the VILLAGE: Richard A. Rock Village President 24000 W. Lockport Street Plainfield, IL 60544 Terry L. Burghard Village Administrator 24000 W. Lockport Street Plainfield, IL 60544 With copies to: Jim Harvey, Village Attorney McKeown, Fitzgerald, Zollner, Buck, Hutchinson, & Ruffle 2455 Glenwood Ave. Joliet, IL 60435 If to any owner of record of any real property located within the subject property, or the OWNER: ; ;i2ST MIDWEST BANK ^~S SUCCESSt7R TRUS°~'" FIRST MIDWEST BANK/JOLIET, NATIONAL ASSOCIATION, FORMERLY KNOWN AS UNION NATIONAL BANK AND TRUST COMPANY OF JOLIET, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 18, 1986, AS TRUST NUMBER 4914 If to the Developer: Summit Development Corporation, a Lennar Company 2300 North Barrington Road Suite 700 Hoffman Estates, Illinois 60195 Attn: Michael Cason With copies to: John F. Philipchuck, Esq. Dornmermuth, Brestal, Cobine and West, Ltd. 123 Water Street Naperville, IL 60566-0565 105018/6 G~ and to: Susan M. Scalzo Corporate Counsel Summit Development Corporation, a Lennar Company 2300 North Barrington Road Suite 700 Hoffman Estates, Illinois 60195 Or to such address as any party hereto or an assignee or successor in interest of a party hereto may from tune to time designate by notice to the other party hereto or their successors in interest. IN WITNESS WHEREOF, the parties have caused this agreement to be eacecuted the day and year first above written THE VILLAGE OF PLAINFIELD, an Illinois Municipal Corpo ation BY '~ /~~"~ Villa e President ATTEST: - Village Clerk 1 DSO l8/6 OWNER; eST MIDWEST SANK ~:i SUCCES$aR Ti2USTE'C'` w~ FIRST MIDWEST BANK/JOLIET, NATIONAL ASSOCIATION, FORMERLY KNOWN AS UNION NATIONAL; BANK AND TRUST COMPANY OF JOLIET, AS TRUSTEE UNDER TRUST AGREEMENT DATED DECEMBER 1 S, 1986, AS TRUST NUMBER 4914. BY d~ ATTEST: ~, SEE TRUSTEE'S RIDER ATTACHED HERETO AND MADE A PARTY t IEREpF RIDER ATTACHED AND MADE A PART OF Annexation Agreement For Summit Homes, Crrekside DATED This instrument is executed by FIRST MIDWEST BANK, not personally but solely as Trustee under trust No. 4914, in the exercise of the power and authority conferred upon and vested in it as such Trustee. All the terms, provisions, stipulations, covenants and conditions to be performed by FIRST MIDWEST BANK, are undertaken by it solely as Trustee, as aforesaid, and not individually, and all statements herein made are made on information and belief and are to be construed accordingly, and no personal liability shall be asserted or be enforceable against FIRST MIDWEST BANK, by reason of any of the terms, provisions, stipulations, covenants and/or statements contained in this instrument. l ~ ,~i 6~ 105018/6 r ,'~--+ DEVELOPER: SUMMIT DEV OPMENT CORPORATION, a Lennar Connpany BY ATTEST:. ~' 105018/6 / ~ J ~~ - i HaanHa cnn~aNnsnh!• -10 4~3I~NItl`ld ~O 3Jb'IIIA 3H1 O1 NOIlVX3NNtl jD 1V~d W~a cw iwa~ ao~ t LL;g I I ~ 8 .468 i ~b L ~ ~ ~~'~~ ~ e ~ ! a~s . ~ 5''~s° Ntl: k a6d~Y 9 ~ ~ W°~r ~ ~s Zee _~n'y H ~ 3" Y~y3.~ b ~'-i d ° ~ d'" .yk~ ~.~ ~ ail . m ^ q e g~~ ° y [q - ffi 7 6 $ k .IA q R~BB~ ~ 6 ~ i m m tly g ~g e¢ ~ o m ~~ a AYtl ~' :'~•~ • g v~ € YeT:~ 19A _ .`^.~~ G G a u w ~ ~ ~ ~ O~aylaw y'b 6 y € d " ~ s~~~ e~~ ~o~i~°du e= y~@Y ~ 5 r ~8, r E ~ ~! a~ { 9~ ~~ iS I6EB 9 ~r a Y ~ ° ~ i~~° g ~`" J ~ H ° ~ ~ ~.~= ~ ~ ~ M..:yy~_pbt gg a~~ Z ~ s> F '~~ ~ j g ~E d5lY s ~&• ~ w m•a .w, ~ ~ ~I ir3 ~ ~: ~~ ~, ~ ptld~ 5d ¢*p~ r J . ~ s x. we . 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Ya X.c ,~r3,=~ G9FiY s?cf3s34a~ ~3 s Y~ ey r >< ~ ry 3 T a a ~m ~ p~_ U ~ EXHIBXT A-1 LEGAL DESCRIPTION SUMMIT HOMES LEGAL DESCRIPTION: PARCEL 1: THE WEST H.A.LF OF THE NORTHWEST QUARTER OF SECTION 20 TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN IN WILL COUNTY, ILLINOIS. PARCEL 2: THE NORTHEAST QUARTER, SOUTH OF THE INDIAN BOUNDARY LINE, IN SECTION 19, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT PART OF SAID NORTHEAST QUARTER, SOUTH OF THE INDIAN BOUNDARY LINE, DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID NORTHEAST QUARTER WITH SAID INDIAN BOUNDARY LINE; THENCE NORTH 42 DEGREES 48 MINUTES 22 SECONDS EAST 80.15 FEET, ALONG SAID INDIAN BOUNDARY LINE; THENCE SOUTH 88 DEGREES 42 MINUTES 39 SECONDS EAST 965.OI FEET, TO A POINT THAT IS 35.10 FEET NORMALLY DISTANT NORTH OF SAID SOUTH L1NE OF THE NORTHEAST QUARTER; THENCE SOUTH 77 DEGREES 13 MINUTES 44 SECONDS EAST 71.72 FEET, TO A FOINT THAT I5 19.12 FEET NORMALLY DISTANT NORTH OF SAID SOUTH LINE OF THE NORTHEAST QUARTER; THENCE SOUTH 60 DEGREES 22 MINUTES 13 SECONDS EAST 38.54 FEET, TO SAID SOUTH LINE OF THE NORTHEAST QUARTER; THENCE SOUTH 89 DEGREES 53 MINUTES 18 SECONDS WEST 1122.68 FEET, ALONG SAID 50UTH LINE OF THE NORTHEAST QUARTER, TO THE POINT OF BEGINNING. PARCEL 3: THAT PART OF THE NORTHEAST QUARTER, SOUTH OF THE INDIAN BOUNDARY LINE, IN SECTION 19, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS BEGINNING AT THE INTERSECTION OF THE SOUTH LINE OF SAID NORTHEAST QUARTER WITH SAID INDIAN BOUNDARY LINE; THENCE NORTH 42 DEGREES 48 MINUTES 22 SECONDS EAST 80.15 FEET, ALONG SAID INDIAN BOUNDARY LINE; THENCE SOUTH 88 DEGREES 42 MINUTES 39 SECONDS EAST 965.01 FEET, TO A POINT THAT IS 35.10 FEET NORMALLY DISTANT NORTH OF SAID SOUTH LINE OF THE NORTHEAST QUARTER; THENCE SOUTH 77 DEGREES 13 MINUTES 44 SECONDS EAST 71.72 FEET, TO A POINT THAT IS 19.I2 FEET NORMALLY DISTANT NORTH OF SAID SOUTH LINE OF THE NORTHEAST QUARTER; THENCE SOUTH 60 DEGREES 22 MINUTES 13 SECONDS EAST 38.54 FEET, TO SAID SOUTH LINE OF THE NORTHEAST QUARTER; THENCE SOUTH 89 DEGREES 53 MINUTES 18 SECONDS WEST 1122.68 FEET', ALONG SAID SOUTH LINE OF THE NORTHEAST QUARTER, TO THE POINT OF BEGINNING, ALL IN WILL, COUNTY, ILLINOIS. PARCEL 4: THAT PART OF SECTION 17 LYING SOUTH AND EAST OF THE INDIAN BOUNDARY LINE, IN TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED BY BEGINNING AT A STONE AT THE SOUTI-IWES'I' CORNER OF SAID SECTION 17, AND RUNNING THENCE NORTH 00 DEGREES 04 MINUTES 5Q SECONDS EAST ON THE WEST LINE THEREOF, 108.82 FEET, TO THE INDIAN BOUNDARY LINE; THENCE NORTH 42 DEGREES 46 MINUTES 24 SECONDS EAST ON SAID LINE AS MONUMENTED AND OCCUPIED 3237.30 FEET, TO THE QUARTER SECTION LINE OF THAT PART OF SAID SECTION LYING NORTH AND WEST ON THE INDIAN BOUNDARY LINE; THENCE NORTH 43 DEGREES 11 MINUTES 25 SECONDS EAST ON SAID INDIAN BOUNDARY LINE AS MONUMENTED AND OCCUPIED 63.06 FEET, TO THE CENTER OF SPRINGHOLE CREEK; THENCE EASTERLY, ALONG SAID CENTER LINE, TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 17; THENCE NORTH 00 DEGREES 08 MINUTES 02 SECONDS WEST ON SAID LINE 45.00 FEET, TO A POINT WHICH 1S 60.00 FEET SOUTH OF THE NORTH LINE OF SAID SOUTHWEST QUARTER; THENCE SOUTH 65 DEGREES 54 MINUTES 35 t oso t sib ~',£' ~~ SECONDS EAST 813.57 FEET, TO THE WEST LINE OF 'CHE EAST I907.00 FEET OP THE SOUTHEAST QUARTER OF SAID SECTIQN 17; THENCE SOUTH 00 DEGREES 00 MINUTES 26 SECONDS WEST ON SAID WEST LINE 475.00 FEET, TO TH.E SOUTH LINE OF THE NORTH 866.00 FEET OF SAID SOUTHEAST QUARTER; THENCE CONTINUING SOUTH 00 DEGREES 00 MINUTES 26 SECONDS WEST ON SAID WEST LINE OF EAST 1907.00 FEET, A DISTANCE OF 1114.54 FEET, TO THE NORTH LINE OF THE SOUTH 10.12 CHAINS (667.92 FEET) OF SAID SOUTHEAST QUARTER; THENCE NORTH $9 DEGREES 36 MINUTES 10 SECONDS WEST ON SAID NORTH LINE 252.22 FEET, TO THE EAST LINE OF THE WEST 485.82 FEET OF SAID SOUTH 10.12 CHAINS; THENCE SOUTH 00 DEGREES 08 MINUTES 02 SECONDS EAST ON SAID EAST LINE 667.92 FEET, TO THE SOUTH LINE OF SAID SOUTHEAST QUARTER; THENCE NORTH 89 DEGREES 36 MINUTES 10 SECONDS WEST ON SAID SOUTH LINE 485.82 FEET, TO THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER 2641.10 FEET, TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS. 03-17-300-005 03-19-200-001 03-20-100-001 105018/6 ~1 CREEKSIDE PLAINFIELD, ILLINOIS I I ~~ - lire 1 1 1 1 Npr v. •vu umlue >ao+eX PPANI6I$ALl"nsCAPe 9I/PPBR 96Cf[ONA-A WtlR IISG bAin ni9lnRC6L eovYn~MSLL .IL v YNn - Pcroua ~ •A•~um0.n1 li~ ~ •w ili v~p Wwl l ~ li n iu Y.~n lmCYNO n...~pe"~u III6Wg101mR # B mmrt • w.r n~i fe w ~Il~uj -_Il]a . m ifo %n ui N w IM.uuu(si~ ''o~ ~ •~~~•.~ 1i1~~ ~R~e 4w1-upon n ~Ilf 11m1.wbeYnM IAN uii 1'ot oKawauwMeln[mumm weoummuwurao ~ u~m~aY aa~ewmumooouN,..N..e ~nwpm-uo v~ vlm ~ A ~ u~ouxom I x xcuu NreuEm YVtmm wuwwvnauuuooom+v~uwe.l frummanM IM ~ . ~•~ •• ^-~~.~ ~ 41Meim~mrcwNw uwo. _ fan ~.a ° Y PPA ~wmv Ilawlreanusea * ~ ~.~ m,~mwr Nurser. ,~.~ wiY.U. Meveu~ ~ "~" ,~„N „~,Q„ state r-zoa Th! Dleon Da/lyn aoupl L.L.C. - ~ CREEKBIhi - PLAINPIR0. LWOIY W~..._.~ ~...._ ~,... a~ N.....N.. CONCEPT PLAN 1.v.1 wo+a-N~ ~..+,e-~N+ surwT NorEs l~ ~. ~~ ~~ ~~wx~n~ni EXHIBtT C CREEKSYDE I . PARK AND SCHOOL DONATIONS: Pursuant to the Village's ordinances on park land/cash donations, Developer would be required to donate approximately 16.09 acres of park land as determined by the concept plan to the Plainfield Park District. Developer shall satisfy this requirement by a donation of approximately 13.1 acres of park land and improvements. Said land donation and improvements are made pursuant to Village Ordinance shall fully satisfy the Village's Park donation requirements for the Subject Property and are agreed as outlined in the letter from the Park District attached as Exhibit D.. Pursuant to the Village's ordinances onschool land/cash donations, Developer would be required to donate approximately 14 acres of school land as determined by the concept plan to the Plainfield School District. Developer shall satisfy this requirement by paying a cash contribution in lieu of a land donation. The School land/cash donation requirement for the Subject Property shall be met by cash payments payable to the Village with the issuance of each building permit pursuant to Village Ordinance. Developer, its successor and/or assigns shall pay at the time of issuance of each building permit, the Village School Facilities Impact Fee in accordance with the fee scheduled attached hereto as Exhibit F. 2. Collector Streets: Renwick Road (from realigned Drauden east to east property line -shared frontage with Sprin~b_a_nk~ Owner agrees to dedicate fifty feet (50')ofright-of--way and improve the said roadway where adjacent to the Subject Property with curb and gutter far a 37' back to back of pavement street. Developer shall be granted a recapture by the Village for one-half of the improvements completed including engineering from any adjacent owner whose property abuts said improve;nnent as approved by the Village Engineer. Said improvement shall be installed at the time of development of the Subject Froperty adjacent thereto, however the Developer agrees to dedicate the right-af way within thirty (30) days of written demand by the Village but the actual construction may be deferred with Village approval, to coincide with the construction of the new Renwick Road bridge. Renwick Road (from realigned Drauden west): Owner agrees to dedicate one- hundred feet (100') ofright-of--way and improve said roadway with curb and gutter and 37' back to back of pavement street. Said improvement is to be completed no later than December 1, 2005, provided however that Developer agrees to dedicate the right-of way within thirty (30) days of written demand by the Village. 105018/6 1~ Drauden/Renwick Traffic Si nal: Developer shall be responsible for 50% of the cost of signalization of this intersection up to a maximum of $90,000.00. The Developer's cost share shall be a credit against the transportation impact fees. In the event that traffic warrants are met and adequate fees are not on deposit through building permit payments, Developer will make a lump sum advancement of impact fees to cover the Developer's share ofthe cost. Drauden Road: Owner agrees to dedicate aright-of--way of 120' and improve said roadway in accordance with Exhibit E. It is further understood that Developer agrees to dedicate the right-of--way within thirty (30) days of written demand by the Village. Developer shall complete the improvements to Drauden Road where located on the Subject Property prior to December 1, 2005. If the Village undertakes the design or construction of Drauden Road, Developer will pay its pro-rata share based an the per linear foot cost, 100% of the length from Indian Boundary to Renwick, 50% of the length from Renwick south to the point the road curves off of the subject property. Indian Boundary Road (North of Renwick): The Village agrees to close and vacate Indian Boundary Road adjacent to the Subject Property. The Developer will prepare and file with the Village a Petition to Vacate the Plat of Vacation within forty-five (45) days of the request by the Village. Upon vacation, the land up to the centerline where adjacent to the Subject Property shall be deeded and/or otherwise conveyed to the Developer at no cost. The Developer shall remove any pavement and incorporate the land into the proposed subdivision, at the Developer's discretion. Village and Developer shall cooperate in the timing of the closing and vacation to meet the reasonable demands afthe Developer. Provided however, there shall be no vacation of this section of roadway until Street A is constructed from existing Indian Boundary Road to Renwick Road as depicted an the Concept Plan. Indian Boundary Road (South of Renwick): This segment of Indian Boundary Road shall not be vacated until Street B on the Concept Plan and the alternate access to the adjacent existing single-family homes on the west side of Indian Boundary Road is installed. 3. Plat Aunroval: Notwithstanding the provisions of the Village's ordinances and in order to accomplish the reclassification of the Subject Property to R-1 Low Density Single-Family Residence District, Special Use Planned Unit Development for single-family detached homes and two-family attached units shown an Exhibit B. In addition to those units specifically shown on Exhibit B, Developer shall be allowed a maximum gross density of 2.25 dwelling units per acre. Final plats for single-family detached dwelling unit areas shall not be required to show site location, design architectural elevation or interior layout. Developer shall be allowed to submit preliminary and final plats and plans to the Village for review and approval simultaneously. 105018/6 20 The Parties fiu-ther agree that such preliminary and final plats may be presented to the Village for its approval in stages or phases of development, as determined by the Developer, and approval of such plats shall be in accordance with the Village's development procedures. 4. A. Desi Standards: Use Lot size Width Single Family 10,800 sq.ft 80' Detached 12,000 sq.ft 85' .13,500 sq.ft. 90' Villa 6,000 sq.ftlunit 45'/unit Yards B1dg.Ht Front Int. Side Corner Rear 30' 10' 25' 30' 35' 30' 10' 25' 30' 35 30' 10' 25' 30' 35' 25' 10' 20' 25' 35' Lot sizes and widths in Concept Plan Neighborhood C shall be designed in accordance with the following percentages. 10,800 s.f. lats - 28% 10,801-12,000 s.f 25% 12,001 and + 47% 80' SS% $1 - 84' lot width 4% $ 5'+ 41 5. Model Homes and Sales Trailer: The Village agrees to permit Developer to construct, maintain. and utilize a maximum of six (b) single family detached. model homes on lots within the subdivision north of Renwick, anal one two-family attached Villa model. South of Renwick Road in neighborhood C, there can be a maximum of two model areas with na more than a total often (10) models. Said models maybe constructed, but only after release of a final plat, construction of a gravel driveway to and adjacent to the said models with the approval of the Building Department and Fire District and posting of the necessary surety guaranteeing the public improvements. Developer shall be allowed to erect temporary fencing in an open style not to exceed four feet (4') in height to enclose the model areas, including parking areas, and shall be permitted to install exterior lighting approved by the Village for model homes and other temporary facilities. Each model may be used as project office for the marketing of the Subject Property. Each model home unit shall cease to be used as a model and/or a project office at the completion of building of such home models in the Subject Property or the buildout of the development, whichever occurs later. 108109/1 .~ Models can be occupied with temporary sanitary sewer disposal (e.g. pumping from a manhole) until sanitary sewer is available from the Village. The te><•nporary disposal methods will be discontinued within thirty (30) days of sanitary sewer completion. One temporary sales trailer may be utilized in neighborhoods A and B until models are completed and ready for occupancy. Likewise, one temporary sales trailer for the Villas and two (2) temporary sales trailers far neighborhood C may also be utilized. Developer may also create gravel parking areas on undeveloped lots and utilize lighting for said parking areas. One (1) construction/office trailer and an area set aside for trades storage within neighborhood A and B. Two (2) construction/office trailers and an area set aside for trades storage within neighborhood C shall also be permitted. The location of these offices and construction trailers is subject to Village staff review and approval. Binder and final surface on the gravel roadway cannot be installed without the approval of the Village Engineer. Binder will be required prior to opening the models to the public. 6. Utilities: Village agrees to provide sanitary sewer to the property line of the Subject Property sized to accommodate the proposed uses on or before September 1, 2004. Further the Village agrees to provide a second source of water to the Subject Property at the property line on or before September 1, 2004. Village agrees to assist the Developer in obtaining any necessary off-site easements for utilities including but not limited to water. Developer agrees to pay the proportionate share of the utility extensions on a per unit basis at the time of building permit application. Costs to be determined by the Village upon the establishment of a service area and the estimation of total costs. 7. Variances• The following variances are hereby granted as part of the Planned Unit Development: a. 60' for local residential streets with 28' back to back of curb pavement and roll curbs (M3.12); b. single-family corner side yard setback of 25' *; c. villa corner side yard setback of 20'*; d. villa front yard setback of 25' *; e. roll curb and gutter (M3.12), except for Drauden Road, Renwick Road and medians within roadways wherein barrier (B6.12) curbs shall be required; f. 120' right-of way for cul-de-sacs with island; g. minimum lot sizes of 10,800 square feet and80' width. h. No Statement of .latent and Agreement (S1A) shall be required. 105018/fi ~~ *Any lots with these variations will comply with the key lot requirements in the PUD Guidelines. $. YNTERIM 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. A. All types of farming. B. Barrow pits. C. Parking lots. D. Stock piling of dirt, also removal and or sale of dirt, clay, gravel or other construction materials. Top soil storage shall be planted to control erosion and dust and maintained to curtail weed growth. E. Temporary stormwater detention. ~'. Sales Trailers and related parking. G. Existing house located south of Renwick Road may be utilized as a temporary construction office. 9. COVENANTS' Developer agrees to impose covenants, conditions and restrictions relating to facade materials, accessory structures and other building restrictions at the time of final plat submittal fox each unit. Further, Developer agrees to fallow the anti-monotony policy of the Village regarding the exterior elevations of the buildings. Developer agrees that no single-family detached homes with the same building elevations can be constructed next to, across the street, ar catty-corner from another like building elevation. Developer shall include provisions in the covenants to provide that the Homeowner Association shall be responsible for the installation and maintenance of landscaping within any entrance features or landscaping within a cul-de-sac or boulevard island, except for Drauden Road wherein the Village shall be responsible fox boulevard maintenance, provided on the Subject Property.. The covenants shall further provide that no structures, or play equipment will be allowed within any landscaped easements or outlots. A uniform wood board-on-board style fence will be specified fox screening purposes within rear yards adjacent to perimeter streets. Lots adjacent to parksites or open space areas may have fences limited to five feet (5') in height of an open design. Minimum house sizes shall be as set forth in the Village Zoning Ordinance in effect at the time of the execution of this Agreement. iosoisib '~ ~, 3 10. Ent Features and Subdivision Landsca in Village agrees to allow Developer to construct entry features at the entrances to the Subdivision as identified on the Concept Plan. Said entry features shall be subject to review and approval by the Planning Staff. Permanent entry features containing a total of four (4) signs identifying the name of the subdivision shall be permitted, subject to Village Ordinances. Said monuments may contain one sign, twenty (20) square feet in size located at each major entrance. The sign will include the recorded name of the subdivision. 1 1. Building and pccupancy Permits: Village agrees to issue foundation and building permits for homes within a reasonable time after proper application has been made to the Village. Village agrees to issue occupancy permits for homes within a reasonable time frame after proper application has been made to the Village. In the event that certain improvements, such as final grading, landscaping, sidewalks or driveways, cannot be completed on a lot due to weather conditions, Village agrees to issue temporary occupancy permits in order to allow the Owner of said lot the ability to complete any such improvements. No occupancy permits maybe issued until the asphalt base course on the street is installed. 12. Parkway Trees and Sidewalks: If requested by the Village, Owner agrees to provide parkway trees within five (5) years of final plat approval for each unit regardless of occupancy or vacancy of each lat. If requested by the Village, Owner agrees to provide sidewalks on each lot within two (2) years of final plat approval for each unit regardless of occupancy or vacancy of each lot. 13. Signa~e: Developer may install and maintain: (i) four (4) non-illuminated double-faced ten (10') foot by twelve (12') foot temporary marketing signs not greater than fifteen (15') feet in height; and (ii) information and directional signage in the model areas, of a reasonable size and configuration, conforming to the Village's Sign Code. All such signs shall be maintainable for a period of four (~) years, and for such longer period as the Village may permit. The signs shall be removed by Developer at the time of 85% issuance of occupancy permits. All other signage installed and maintained on the Property shall comply with the Village's Sign Code except as otherwise permitted in this Agreement. Notwithstanding the provisions of this paragraph, Developer shall be permitted to utilize temporary flags and banners for sales events. i oso i si6 ~~~ 14. Effect of This Agreement: if any pertinent existing resolutions or ordinances, or interpretations thereof, of the Village be in any way inconsistent or in conflict with any provisions hereof, then the provisions of this Agreement shall supersede the terms of said inconsistent ordinances or resolutions or interpretations thereof as they may relate to the Subject Property. if Owner and/or Developer sell or convey all or any portion of the Subject Property during the term of this Agreement, all of the Owner' and/or Developer's obligations specified in this Agreement shall devolve upon and be assumed by such purchaser, grantee, or successor in interest, and the respective Ownerand/or Developer shall be released from such obligations 15. Master Building Plan Approvals; The Developer shall have the right to submit a master building plan far each different model of asingle-family dwelling to be constructed on the Property. Subsequent to the approval of any master building plan as aforesaid, no further submission or approval of building plans shall thereafter be required for the issuance of a building permit for the construction of any building pursuant to an approved master building plan. Nothing herein, however, shall be construed as a waiver of the requirement that a building permit be obtained and the appropriate fee paid as required by the Village building code for each building to be constructed on the Property, subject to the terms of this Agreement. 16. Phasing: The Parties recognize that the practicalities of development will require Developer to develop the Subject Property in phases, each of which shall be subject to the requirements of a Final Plat and Plan as detailed herein. No limitation shall be imposed on Developer with respect to the land area to be included within any particular phase of the development, or the number of phases submitted. Notwithstanding the forgoing, utility, drainage, roadway and other improvements that affect more than a single phase of the development must, at the discretion of the Village, be completed in conjunction with the development of that phase or a performance guarantee, consistent with this Agreement, must be posted to guarantee their completion. 17. Mass Gradin Prior to the approval of any 1~ final Plat of S ubdivision for any portion of the Subject Property, the Village shall allow, and the Developer may commence, excavation, mass grading, filling and soil stockpiling, construction of a temporary haul road for construction vehicles and equipment, extension of utilities, and installation of sales trailers and signage in and upon the Subject Froperty provided that the same is undertaken at the risk of Developer and without injury to the property of surrounding property owners and further provided that Developer 105018/6 submits, and the Village Engineer approves, a mass grading plan, a stormwater management plan, and a soil erosion control plan for the affected area. Soil stockpiles shall be planted for erosion and dust control and maintained to curtail weed growth. ].$. Construction of Underground Improvements: Prior to approval of a Final Plat of Subdivision and prior to the issuance of Illinois Environmental Protection Agency sanitary sewer and water permits, if authorized by state and federal law, the Village shall, upon application by Developer or its duly authorized representative, allow construction of sanitary sewer, water and storm sewer improvements on the Subject Property provided that 1) such construction shall be undertaken at the Developer's sole risk; and 2) the Village approves a mass grading plan, a stormwater management plan, and a soil erosion control plan for the affected area in conformance with the Village's Watershed Development Ordinance, said improvements are consistent with municipal construction. 19. Key Lots and Landscaping: Developer shall identify key lots and through lots on the concept plan. Developer will submit house location, architectural elevations and any landscape treatment for key lots at the time of building permit, consistent with the criteria in the PUD Guidelines. Landscape easements along roadways will include undulating meandering landscaped berms. 20. Construction Traffic: Developer shall indicate on the final engineering plans (Contract Documents) the routing of construction traffic. This routing will be limited to Drauden Road and Old Indian Boundary Road south of Renwick Road until December 1, 2005. After December 1, 2005 construction traffic will be restricted to new Drauden/Steiner Road. Construction traffic will not be permitted on Old .Indian Boundary Road between Route 126 and Springhole Creek at any time. 10501$/6 ~~ PLAINF'IELD PARK DIET 8154888985 0S/05/04 12:86pm P. 002 130ARL) UP COMMISSIQNERS Michelle A. Kelly, President. 5cuart. A. Bledsoe, Vice-President John 1,Q. Wilson, Jr., L'pmmissinner Larry D. Newton, Commissioner Eric: J. Galls, C:nmmissioner Gregory F3. i)ntt, Executive I)irecutr ~~ ,~~ Q~ ~~~ PARK DISTRICT Serving all of Plainfield Tgwnship and Portions of Nau-Au-Say, and Wheatland Townships www.plainheldparkdistrict.con~ May C, 2004 Stephanie Houk Sheetz Village of Plainfield Planningl7epartanent 24000 West Lockport Street Plainfield, IL b0544 ~ RE: Creekside Subdivision Park Agreement Dear Stephanie, I i The park district staff has reviewed the concept plan far the Creekside Subdivision and discussed the park agreement with Summit Haznes. Based on the Park Dedication Ordinance the required donation is approximately 16.1 acres. `The Park District staff agrees in concept to the developers proposal of donating approximately 12 acres in park land within the two park sites and the balance in park izxaprovements or cash in lieu of land. Thank you for your assistance with this project. The developer and the park district still have to Ineet to finalize the Park Dedication Agreement, once that is completed Y will forward a copy of tkle signed agreement for your records. Tf you have any questions please call Irte at (815) 43G-$$I2 ext..12.or email me at culp c~ :la_inf._.reldparkai_strict.com. Siniverely, ,l r :~.:~ r~ d~rry Cul~ superintendent of Planning ~~~~~ ~~ 1'00 W. Ottawa • Plainfield, Illinois 60544 (815) 436-8812 ~ FAX (81S) 436.8435 t _._.. .. ~..y ~ ~ -- _ ~ ~ e , I , .c..M...„,. ......... ,... .. ..... ..~..-...... .,....~~-.~......., - i ... ..y...._w--~.«.,,,.,.» -.- ~.......~~.1~{~ „„....,...C x.-. .._..~... ~-...-.a...,,-.. ~ ¢ »..,,.,...~mm...r.~n~~~r..~,„, ww..~..,....,..v 3 .... ~~ „, f J ~. $$t T ^~ a i , ~ ~ ~ a w.._ ~ _ M ~a ~ _ ,. ~ , _ _.. '.~.~ . ~ M... ~', ~,_~.~~ is ` ~..~~._I,._ ..~.~.~._ ~ 3 ..~_. .~ ~ _,.~ ~ µ p %~ .,_ ,... _.... ~T 1 ~..~. _,._ ._ ~~~'~ x ~~ 1 i s i t F , ..~.. ~~~ . ~„:„.,..,.iw.~,.,,~L.~.,.M~W „ .,~ .~»,j.. ~ ~,.,,~~.~ _. ( _ i...,...t..w.~ ~~..~.._....~._~.~~.I__.._~.~..~. ~ ~ ~„r~,~....' 999_ t ! .,,~ .. ~, .~.~..._....,«._ a = II i ~ .,' f r ~~ 3 i a ~ y ~ ~ t 1 S i ~ ,., ,.._,,.. _... ...-._-, .w.~, rp .,.. ~........,..... l a ~ ~ i td ~.. ~... _ ~ ,,~.,{.,...~.~.~,..,:~_~~...... _...,~„ ,. ..~......._.5.,. .fey ~:.., ~..3 ;e11•µ-..-~ „~,„~„„.„ .._.._.~.#.._.. ,~ ~ _z...._,,. _„„„.a F i I 9 n f... y_ ( ~ '~ ~ ~ .., ~i... .. . .... .. ...... . ... _ 4 ~ _.... .~ _ ~_ .... ~. .. .. t ~ 3 I , ~ 3 Fxhi~a~it F School Facilities Impact Fee -- Unit School District (K-12) Number of Bedrooms 9/1/44 to 6/34/04 7/1/44 to 12/31/04 1/1/05 to 6/30/05 7/1/45 to 72/31/45 Zoos 2007 2oa8 Detached Single Family Dwelling Units 4+ bedroom $2640 $3307 $3974 $4640 $4826 $5019 $5220 3 bedroom $1763 $2430 $3097 $3763 $3914 $4070 $4233 2 bedroom $6$1 $708 $736 $766 $796 Attached Single Family Dwellingg Units 4+ bedroom $1569 $1902 $2236 $2569 $2672 $2779 $2890 3 bedroom $900 $1067 $1234 $1400 $1455 $1514 $1575 2 bedroom $806 $838 $872 $907 $943 Apartments 3+ bedroom $1846 $1920 $1997 $2077 $21fi0 2 bedroom $651 $677 $704 $732 $761 1 bedroom $16 $16 $17 $18 $18 ~~