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HomeMy Public PortalAboutOrdinance 1602R ~ ~ ~' ~° ~ ~ ~ ~ PIN #o~~ioo-oo4 .~ , . -,~ .:-b~ CHAPTER 7 ;"~;r~°i ~;r'~r'~ a~:i_~i:~i _~~ _~.~ .. .~•_ ARTICLE 8 .._:`.;~ ~aae ~i:i::'..- C ^7 Y~-~N Sec. 8-284 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD, ILLINOIS AND DR. BRUCE J. WALLIN, AND PLAINFIELD PARTNERS, AN ILLINOIS PARTNERSHIP, WHEREAS, an Annexation Agreement, a true and exact 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 Dr. Bruce J. Wallin, and Plainfield Partners, an Illinois Partnership; and 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 PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: Sec. 8-284-1: 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 That all ordinances or parts thereof in conflict herewith are hereby repealed.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. 1602 PASSED THIS 19th , 1994. AYES: Heimerdinger, Lambert, Ray, Rock. NAYS: Dement ABSENT: None APPRQVED THIS ~_ DAY ir, V I LLAGE ~~LERK ~"' OF December 1994. ~~P~ ~'I~LAGE PRESIDENT PPREPARED BY AND MAIL T0: VILLAGE OF PLAINFIELD 1400 N. DIVISION STREET PLAINFIELD, IL 60544 DAY OF December ANNEXATION AGREEMENT This Annexation Agreement (herein referred to as "Agreement") is made and entered into this ~~"7 - day of December, 1994 by and among Dr. Bruce J. Wallin (herein referred to as "Owner"), Plainfield Partners, an Illinois Partnership (herein referred to as "Contract Purchaser"), and the VILLAGE OF PLAINFIELD, ILLINOIS, an Illinois Municipal Corporation (herein referred to as the "Village") RECITALS; WHEREAS, the Owner is the Owner of record of the real property legally described in Exhibit "A" attached hereto, which property is located west of E.J. & E. Railroad and south of Route 126/Lockport Road in unincorporated Will County, Illinois consisting of approximately 161 acres (herein referred to as the "Property"); and WHEREAS, Owner has entered into an agreement with the contract Purchaser to sell the Property and recognizes the many advantages and benefits resulting from the annexation of the ,Property to the Village; and WHEREAS, the contract purchase agreement between the Owner and Contact Purchaser is predicated upon, among other things, the annexation and zoning of the property for the uses set forth in said contract purchase agreement; and WHEREAS, the Village and the Owner, subject to the terms of this agreement, desire to have the Property duly annexed to the Village pursuant to 6S ILCS 5/7-1-8 and 5/11-15.1-1 et sec ., and R~~-{~~k~?~3Z ,. . WHEREAS, the Owner and Contract Purchaser have duly executed and filed an application for annexation, and a Petition for Annexation to the Village (herein referred to as the "Petition of Annexation"); together with a Plat of Annexation of the Property prepared by CEMCON, Ltd. bearing the last revision date of November 28, 1994 (herein referred to as the "Plat of Annexation"); the Petition for Annexation is expressly conditioned upon the execution of this Agreement by the Owner, Contract Purchaser and the Village; and WHEREAS, the Owner and Contract Purchaser have also duly executed and filed an application pursuant to the zoning ordinance of the Village to zone the Property as a Residence A District, pursuant to the Village zoning code and as further modified herein; and WHEREAS, the Contract Purchaser has also duly executed and filed an application for Preliminary Flat of Subdivision approval pursuant to the subdivision code of the Village in order to subdivide the Property, dedicate various public rights-of--way, plat public parks and open space corridors, and create certain public utility easements; and WHEREAS, pursuant to the zoning and subdivision codes of the Village, the Contract Purchaser has also submitted a Preliminary Plat of Subdivision for the Property entitled "Preliminary Plat Wallin Woods" bearing a last revision date of December 15, 1994 (herein referred to as the "Preliminary Plat" -Exhibit B) prepared by CEMCON, Ltd., which depicts various land uses and land planning concepts for the Property; and WHEREAS, pursuant to the subdivision code of the Village, the Contract Purchaser has also submitted a Preliminary Engineering Plan for the Property entitled "Preliminary Engineering Plan ,~ ~~~-:~~~~7~~ Y . Wallin Woods" bearing a last revision date of December 15, 1994 (herein referred to as the "Preliminary Engineering Plan -Exhibit C) which depicts the general manner of public infrastructure improvements needed to develop the Property; and WHEREAS, following proper notice and public hearings before the Village President and Board of Trustees and the Plan Commission, as provided by state statute and the ordinances of the Village, consideration was given to the Petition for Annexation, a draft Annexation Agreement and other documents and testimony; and WHEREAS, following said public hearing, the draft Annexation Agreement was modified pursuant to the recommendations of the Village President and Board of Trustees, the Plan Commission and the public, as contemplated by 65 II,CS 5/11-15-13; and WHEREAS, the Village has considered the annexation of the Property and this Agreement, and the Village has determined that the annexation of the Property in accordance herewith all promote sound planning and will be in the best interest of the Village. NOW THEREFORE, for and in consideration of the agreements and matters herein Contained, the parties hereto mutually promise and agree as follows: 1. The foregoing Recitals are incorporated in and made a part of this Agreement. 2. The Village has heretofore, by proper ordinance, agreed to annex the Property to the Village; and the appropriate Village officers have been duly authorized and directed to forthwith execute this Agreement, and to record this Agreement, the said Annexation Ordinance and the Plat of Annexation with the Recorder of Will County, Illinois and to file the said Annexation Ordinance ~' R~~-~~~~T7~Z r .~~ , and Plat of Annexation with the Clerk of Will County, Illinois. 3. Design Criteria - In consideration of the Owner and Contract Purchaser entering into this Agreement and consenting to the Annexation of the Property to the Village, and as a material inducement to the Owner with respect thereto, the Village shall adapt ordinances which (a) shall amend the official zoning map of the Village so as to zone the Property (as depicted in "Exhibit B") as follows: • Parcel A - Residence A District • Parcel B - Residence A District • Parcel C - Residence A District • Parcel D - Residence A District Notwithstanding the provisions of either current or future Village zoning and subdivision ordinances which relate to minimum lot size, lot width, and land use, the Owner and Contract Purchaser and any vendee of said parties shall be entitled to construct and develop, a business and residential subdivision with lots having those lot sizes, widths, and configurations as are depicted upon the Preliminary Plat, a print of which is attached hereto as "Exhibit B" and incorporated by reference herein and further described below, (provided however that no cul-de-sac shall exceed 600 feet in length under the measurement criteria stated in the subdivision ordinance): • The maximum residential density for the entire lbl acre subject property shall not exceed 2.3 units per acre or 370 units. • Parcel A shall be annexed and zoned as a Residence A zoning District, however the Village of Plainfield and The Owner mutually agree that Parcel A shall be rezoned in the future to a mixed use Business B-3 and Residence A-3 zoning district provided that the following design criteria are met: (a) Land Use-All uses allowed in the B-3 and A- 3 zoning districts. B-3 as used ~. .~ ~.~ ~~-e,~;~.~~~2 ' r herein shall also include the B-5 classification if adopted by the Village of Plainfield during the term of this agreement, and if the B-5 classification is chosen by Contract Purchaser. A copy of the proposed B-5 zoning ordinance is attached hereto as Exhibit "G". (b) Commercial Design Criteria 1. Any or all of Parcel A may be used for commercial purposes allowed by the B-3 zoning district regulations and the design criteria shall be subject to the regulatians and requirements of the B-3 zoning district. There shall be a minimum 30' landscape area along Raute 30 and a minimum 40' landscape buffer between commercial and residential areas. 2. The Owner agrees to construct a direct access through Parcel A from the intersection of Routes 126 and 30 to ingersoll Drive at the time of any development in Parcel A. 3. Owner agrees to construct, at the time of any development in Parcel A, a pedestrian/bicycle path through Parcel A to connect to the Ottawa Street pathway, Parcel C, and future paths to the west. Owner's further agree to provide mutually agreeable easements through Parcel A for said paths should the Village procure funds to construct apedestrian/bicycle path prior to development in Parcel A. 4. Owner agrees to cooperate with the Village to sponsor and fund a design competition for the design and development of Parcel A within three (3) years of the signing of this agreement. (c) Residential Design Criteria 1. Maximum Density - A maximum of 120 attached single family residential units on no more than 15.0 acres of area with no more than $ units per building. 2. Minimum Yards -Front - 22' from Private Drive and sidewalk and 30' from exterior R.O.W. Side - 15' from property perimeter Rear - 2S' from property perimeter 3. Building Separation -Front to Front - 75' Front to Side - 55' Front to Rear -Not Allowed Side to Side - 20' Rear to Rear - b0' Rear to Side - 40' 4. Parking - A minimum of 7S% of the units shall have two car garages the remainder shall have one car garages. The total number of parking spaces on site shall equal 4 parking spaces per unit. The 22' driveway areas between the private drives and/or sidewalks shall be counted as parking spaces. ~~~-~r~~31~Z r~ 5. Landscaping -There shall be a minimum 40' landscape buffer between residential areas and commercial areas. There shall be a 20' landscape buffer on the perimeter of the remainder of the residential area. There shall be one Parkway tree per fifty feet of private drive and/or ROW frontage. Each unit shall have an additional planting of three 2.5" BB trees and 6 shrubs. 6. Minimum single family attached unit size -One story - 1,000 square feet Two story - 1,300 square feet. 7. Building Elevations -All building fronts shall have a minimum of 50% brick, stone, stucco, artificial stucco, cedar or combination thereof. 8. Covenants and Restrictions -All residential units shall be subject to recorded covenants and restrictions, the essentials of which are incorporated herein as exhibit D. • Parcel B shall be annexed and zoned as a Residence A zoning I?istrict, however the Village of Plainfield and The Owner mutually agree that Parcel B shall be rezoned in the future to a Business B-3 zoning district for the purposes of creating a "Village Center" concept with a combination of businesses and residences sharing common elements with creative pedestrian scale and orientation in a compatible manner provided that the following design criteria are met: 1. Any or all of any building in Parcel B may be used for the commercial uses as allowed in the B - 3 Zoning District, provided that the first floor of any combined commercial/residential building shall be exclusively used for allowable commercial uses. Public/Quasi public uses to be encouraged are churches, civic centers, village hall, recreational centers and other civic/governmental oriented land uses. 2. The upper floors of any building may be used for residential purposes. There may also be secondary buildings for exclusive residential use. 3 Parking -Parking for the commercial uses shall be in accordance with the B-3 zoning district requirements and the parking for the residential uses shall be at a minimum 7 T ratio of 2 parking spaces per residential unit. 4. Pedestrian access to and from Parcel B shall be provided to Parcel C (open space) and other areas of the subject property. 5. Facade treatment and Landscaping will be essential in the treatment and approval of this area. C. Owner agrees to construct, at the time of any development in Parcel B, a pedestrian bicycle path through Parcel B to connect to the Ottawa Street pathway, Parcel C, and future paths to the west. Owner further agrees to provide mutually agreeable easements through Parcel B for said paths should the Village procure funds to construct apedestrian/bicycle path prior to development in Parcel B. 7. Owner agrees to cooperate with the Village to sponsor and fund a design competition for the design and development of Parcel B within three (3) years of the signing of this agreement. • Parcel C shall be zoned as an A Residential District solely for the purpose of providing public open space. • Parcel D shall be subdivided, platted, zoned and approved in accordance with the Village of Plainfield A Residential zoning district, subdivision ordinance and following design criteria: a) Land Use -Single family dwellings b) Density - A maximum of 218 lots at a maximum net density of 2.6 dwelling units ~ acre. c) Minimum Lot Size - 9,000 Square Feet d) Minimum Lot Width at the Building Line - 70 Feet e) Setbacks - In accordance with the A Residential Zoning District f) Floor Area Ratio - .30. The floor Area Ratio shall be defined as the gross square footage of living area plus garage square footage divided by the gross square footage of the lot the residence is located on. g) Minimum detached single family home size -One story - 1,600 square feet Two story - 2,000 square feet h) Covenants and Restrictions -All residential units shall be subject to recorded covenants and restrictions, the essentials of which are incorporated herein as Exhibit 8 ~~ j-~~ci~~z E. i) No driveway access shall be permitted to Van Dyke Road. j) Van Dyke Road shall not be extended south of Dan Patch Drive until the alignment of said extension and location of the south retention pond are mutually agreed upon by the Village and Contract Purchaser. After reaching such agreement, Contract Purchaser shall construct said extension and retention pond or be responsible for the cost thereof. Contract Purchaser will also provide for any easements necessary to effect the agreed upon realignment. • Tree Preservation -The developers shall make every effort to save, preserve and maintain the important vegetation on the subject property. During the construction of the development infrastructure and the individual homes, standard horticultural practices shall be utilized to protect and preserve the existing important trees in excess of 16" diameter at the base. However, should any important tree with a diameter of 16" ar greater at the base have to be disturbed or removed because of infrastructure or home construction, then the Owner warrants that for every disturbed tree 2 trees with a minimum 3" caliper 1 foot from the base of a similar species shall be planted in Parcel C. No tree with a diameter of 16" or greater shall be disturbed ar removed by the developer or homeowner without the previous consent of the Village and Homeowner's Association. A tree preservation plan is attached hereto as Exhibit F. 4. The Village hereby acknowledges and agrees that the Preliminary Plat and Preliminary Engineering Plans - Exhibit B are in compliance with and meet the requirements of the Village zoning and subdivision codes and Village policies and procedures, and same are hereby approved by the Village. The Village further agrees that it will, within a reasonable period of time following submission to the Village and without further public hearings, approve Final Plats of Subdivision and the various supporting documents required by the Village code including Final Engineering Flans, and Final Specifications and Estimates of Cost, which are substantially in conformity with the Preliminary Flat and the Preliminary Engineering Plans and which otherwise comply with the provisions of the Village codes not inconsistent with this Agreement. Promptly after approval, the Village shall execute the Final Plats of Subdivision for each phase of the property so that the Owner may cause said plats to be recorded with the Recorder of Will County, Illinois. The Village further agrees that it will issue building permits, occupancy certificates, zoning certificates and other permits and approvals related to the development and use of the Property within a reasonable time following the submission of required documentation and compliance with the y requirements of applicable Village codes not inconsistent with this Agreement. S. The Owner agrees to grant to the Village, and to those utility companies which operate under franchise from the Village, such easements which are necessary to permit the installation, operation, repair, maintenance and performance of services provided by said entities. Said easements shall be granted on the Final Plats of Subdivision for each phase of development unless requested earlier by the Village. 6. The Owner shall be allowed to construct and maintain two monument signs temporary in nature, at the public street entrances to the Property on Route 126, said monuments to be subject to approval by the Village at the time of its consideration of the Final Plat of Subdivision for the respective phase of development. Generally, said monument signs shall not exceed 100 square feet in area not $ feet in height. Said signs shall be removed upon occupancy of 75% of the units within the final phase ar within five (S) years of the signing of this agreement whichever shall come first. In addition, the Owner shall be allowed to establish and construct temporary directory and identification signs within the Project. 7. A temporary sales trailer with associated off-street parking and landscaping shall be permitted by the Village at or near the proposed public street entrance at any separate development project. The Owner agrees to locate said temporary sales trailer at his own risk and agrees to indemnify, defend and hold harmless the Village of Plainfield from and against any and all liabilities, obligations, claims, or damage arising from or in connection with the accupation or use of the temporary sales trailer by Owner, its employees, agents, contractors, customers, or invitees. The Owner shall be permitted to keep said temporary sales trailer until a permanent model building is open at which time Owner agrees to restore the premises to its pre-existing conditions within fourteen (14) days of said permanent model building being completed and available to be used for a sales office. /~ R~~-a;~~E-:1u~ Owner shall be permitted three {3) construction trailers for the purpose of maintaining on site supervision facilities and supplies for the construction of the subdivision infrastructure. Owner shall be permitted a total of two (2) temporary real estate/sales signs that comply with the Village's standards for size and height. Said signs may be located near Route 126 subject to approval by the Village Board. 8. The Owner, their successors in title to the Property or their assignees or the operators from time to time, shall be permitted to keep and maintain asales/rental office and management office within any building on the Property as approved by the Village. 9. The Village represents and warrants to Owner that as of the date of this Agreement it has adequate water storage and supply capacity and adequate sanitary sewage treatment and collection capacity to service the completed and developed Property. During the term of this Agreement, the Village shall provide the Owner equal access to capacity in both the water distribution and sanitary sewer collection systems as other entities seeking to connect to and extend these systems, which do not have an annexation agreement or other written obligation guaranteeing such capacity by the Village. Subject to the review and approval by the Village Engineer of Final Engineering Plans and supporting documents and subject to the issuance of permits by the Illinois Environmental Protection Agency, the Village further agrees that the Owner shall be permitted to connect to the Village's existing water distribution and sanitary sewer collection systems at locations located adjacent to the property as /~ J~ generally indicated in the Preliminary Engineering Plans, for the purpose of extending and providing water and sanitary sewer service to the Project. The Village agrees to execute such Illinois Environmental Protection Agency sanitary sewer extension permits as may be required, and to otherwise provide full cooperation to the Owner in order to accomplish the foregoing. To the extent that such sewer and watermain extensions provide service to and benefit other properties, the Village agrees to enter into a recapture agreement with the Owner of said properties and pass an ordinance providing for the reimbursement of benefiting costs to Owner and to deny permits for connection thereto until such benefiting costs are paid. 10. Owner/Contract Purchaser and Village acknowledge that the extension of a collector roadway (Collector Roadway) along the westerly line of the Subject Property from the U.S. Route 30 and State Route 126 intersection to the east-west collector street indicated as Ingersoll drive on the Preliminary Plat (Exhibit B) constitutes a mutual benefit to the adjacent and currently undeveloped Property P.LN. 03-17-200-007 hereinafter referred to as the "Benefiting Property" to the west of the Subject Property by providing a transportation link and an important point of access to said Route 30 and Route 126 it being understood that the Village does not anticipate further public street intersections along Route 126 between the Northeast corner of Section 17 and the Old Indian Boundary Line to the west. As an inducement to Owner/Contract Purchaser to plat and construct the Collector roadway along and contiguous to the Westerly Property line of the Subject Property in a manner that will afford potential points or roadway access to facilitate the future platting and development of the Benefiting Property, the Village hereby agrees to enter into with Owner/Contract Purchaser a recapture agreement whereunder the Benefiting Property shall reimburse Owner/Contract Purchaser no more than one-half the cost of any turn lanes, pavement widening, re-stripping, signage, traffic signals or ancillary improvements of the U.S. Route 30/Route 126 intersection with all of said ~a 9 .J ; ~ (.~ costs to be determined prior to construction of said improvements, by Village Engineer based upon the degree to benefit. Those items of cost eligible for reimbursement and recapture shall include but not be limited to earthwork, street pavements, curb and gutter sections, sidewalks, storm sewers and appurtenances, street lighting, signage, traffic signals, and pavement marking improvements as well as engineering and constructions management fees, Village review and permitting costs, and the cost of financial surety and warranty bonds all as reviewed and approved by the Village Engineer. Furthermore, the Village shall refrain from approving any Final Plat of Subdivision on the Benefiting Property until and unless Owner/Contract Purchaser is fully reimbursed for the aforementioned costs of constructing the collector roadway and U.S. Route 30/Route 126 intersection improvements or that Owner/Contract Purchaser is assured of reimbursement. The Village agrees to exercise its powers pursuant to 6S ILCS 5/9-5-1 et seq. in the enforcement of this provision. 11. To fully and completely allay and satisfy any and all open space/park impacts associated with development of the subject property, Owner agrees to convey to the Village, and the Village agrees to accept, the 25.04± acres open space/park corridor Parcel C depicted on the Preliminary Plat - Exhibit B (portions of which will contain the storm water management system). Owner agrees to collaborate with the Village and/or the Plainfield Park District on the design of pedestrian pathways and to incorporate said pathway designs into the Final Engineering Plans. Owner shall otherwise have no obligation to construct sidewalks along the east side of the public right-of--way adjoining said Parcel C or any further improvements within Parcel C. Upon completion of all storrnwater drainage and stormwater management improvements and within the landscape restoration of said park/open space corridor Parcel C, the Village agrees to accept the conveyance. Owner further agrees to construct a temporary bike/pedestrian path from Indian Oaks Estates to Parcel C prior to the occupancy of the first residential unit in Wallin Woods. ~a~! ~3 12. In order to allay the impacts of residential development upon the school district, the Owner shall pay to the Village pursuant to 65 ILCS 5/11-15.1-2, at the time of issuance of building permits the applicable district wide donation requirements, as may be revised from time to time. 13. To completely allay any and all impacts of the development on the Village, the Owner agrees to pay for annexation fees in accordance with the following schedule: Parcel A - A combination of annexation fees as follows: a) Commercial uses - $3500.00 per acre of the parcel to be used for commercial purposes payable at the time of the first building permit for a total not to exceed $130,200 for 37.2 acres of commercial use. b) Residential uses - $220.00 pre unit payable at the time of each building permit for a total of $26,400.00 for 15 acres of residential uses. Parcel B - $3,500.00 per acre payable at the time of the first building permit for a total of $45,500.00 for 13 acres of commercial uses. Parcel C - No annexation fees due for 25.04 acres of open space uses. Parcel D - $689.80 per unit payable at the time of each building permit for a total of $150,377.50 for 85.4 acres of residential uses. 14. Owner agrees to pay the sum of $20,000.00 specifically for the construction of a pedestrian access sidewalk and/or bridge across the DuPage River and the E.J. & E Railroad tracks. This payment shall be made to the Village no later than the issuance of the first commercial building permit, or earlier as the parties shall agree. 15. This Agreement shall be binding on and inure to the benefit of the parties hereto, successive owners of record of land that is the subject of this Agreement, assignees, and lessees and an any successor municipal authorities of the Village and successor municipalities for a period of twenty (20) years from the date of execution hereof and any extended time that may be agreed to by amendments. -~! ' `I 16. It is agreed that each of the parties hereto may in law or in equity, by suit, action, mandamus, or other proceeding, including specific performance, enforce or compel performance of this Agreement. 17. All notices under this Agreement shall be in writing and shall be deemed properly served when delivered if delivered by hand to the party to whose attention it is directed or three (3) business days after mailing if sent, postage prepaid, by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: If intended for Owner: Dr. Bruce J. Wallin P.O. Box 510112 Key Colony Beach, FL 33051 If intended for Contract Purchaser If intended for Village: Plainfield Partners Summit Building Services, Inc. 515 Lockport Street Plainfield, IL 60544 Village Administrator Village of Plainfield 1400 North Division Street Plainfield, IL 60544 or such other address or to such other party which any party entitled to receive notice hereunder designates to the others in writing. 18. If any provision or provisions in this Agreement are found by a court of law to be in violation of any applicable local, state or federal ordinance, statute, law, administrative or judicial decision, or public policy, and if such court should declare such portion, provision ar provisions of this Agreement to be illegal, invalid, unlawful, void or unenforceable, as written, then it is the intent of the parties hereto that such portion, provision or provisions shall be given force to the fullest passible extent that they are legal, valid and enforceable, that the remainder of this Agreement shall ,~. ~~~ be construed as if such illegal, invalid, unlawful, void ar unenforceable portion, provision ar provisions were not contained therein, and that the rights, obligations and interest of the parties hereto under the remainder of this Agreement shall continue in full force and effect. In the event of any inconsistency between the provisions of this Agreement and the codes or ordinances of the Village, the provisions of this Agreement shall control. 19. This Agreement may be amended by the Village and the owner of record of a portion of the subject realty as to the provisions applying exclusively thereto, without the consent of the owners of other portions of the subject realty not affected by this amendment. 20. Time is of the essence of the Agreement. 21. This Agreement shall be binding upon and inure to the benefit of the parties hereto, their assigns and successors in interest and successor municipalities. In the event the Owner of the Property conveys all or portions of the Property that is the subject of this Agreement, then to the extent any such sale is made subject to the terms and obligations of this Agreement, a novation shall be deemed to occur and said successor party(s) shall be responsible for the performance of this Agreement as it relates to the portian(s) of the Property so conveyed and the prior Owner shall be relieved of their obligations hereunder to the extent that they relate to the portion(s) of the Property sa conveyed, and the successor Owners shall then be responsible for the full and faithful performance of the Agreement to the extent it relates to the portion(s) of the Property so conveyed. Any lender, or its successors and assigns, taking title to the Property or Portions thereof shall be entitled to all the benefits of this Agreement, and subject to all the terms and provisions hereof. a~ ~~ ~~-~~~.:i'~~fl2 IN WITNESS WHEREOF, on the day and year first written above the Owner and Contract Purchaser have executed this Agreement individually, and the Village, pursuant to proper ordinance heretofore passed and adopted, has caused its Village President and Village Clerk to execute these presents on its behalf and its corporate seal to be affixed hereto all as provided by law. The Village of Plainfield, a Municipal Corporation c 4 ~W.. ~ Village President C. '~ ~- ,, ,, , ~ (Corporate";deal)' :~., ' ,` ~-w ~. 'Attest: i. 1 Village Clerk ,F" ~, ~ ~ Owner: ~~~'[ J , '~~ Dr. Bruce 7. Wallin Contract Purchaser: ~J Plainfield rtners -1~ l~ ~'~ ~-~~~~~7~~ STATE OF ILLINOIS ) SS. COUNTY OF ) I, )2 c~,ri~,@~5 ~vf A NOTARY PUBLIC IN AND FOR SAID CO~JNTY, IN THE STATE OF AFORES ID, DO HEREBY CERTIFY THAT ~ ~N ,~ ~r-~j-sacJ , AS VILLAGE PRESIDENT OF VILLAGE OF PLAINFIELD, A MUNICIPAL CORPORATION OF ILLINOIS AND „j~'S ~4,c_J ~~ ,c.> 1,~ AS VILLAGE CLERK OF SAID VILLAGE, WHO ARE PERSONALLY KNOWN TO ME TO BE THE SAME PERSONS WHOSE NAMES ARE SUBSCRIBED TO THE FOREGOING INSTRUMENT AS SUCH VILLAGE PRESIDENT AND VILLAGE CLERK OF SAID VILLAGE, RESPECTIVELY. THEY SIGNED AND DELIVERED THE SAID INSTRUMENT AS THEIR OWN FREE AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAID VILLAGE, FOR THE USES AND PURPOSES THEREIN SET FORTH; AND SAID VILLAGE CLERK DID THEN AND THERE ACKNOWLEDGE THAT HE/SHE, AS CUSTODIAN OF THE CORPORATE SEAL OF SAID VILLAGE, DID AFFIX THE CORPORATE SEAL OF SAID VILLAGE TO SAID INSTRUMENT AS HIS/HER OWN FREE AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAID VILLAGE, FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVE UNDER MY HAND AND NOTARIAL SEAL THIS ~ DAY OF .~ ~ P~1~ ~ ~•C.. , 199 -~.~.. _ . °~OFk'IC1AL ~" D~ilee rlot~,r~~e~cm~ 1~+ Comm6eian 8~~A8 ~, ~~ NOTARY PU IC COMMISSION EXPIRES 3-~9-9~' /~ ~ ~ F STATE OF FLORIDA ) SS. COUNTY OF I~-l()1'1 ~~ ~ ) I,~~~ ~ ~ . ~~~l~.~T~ , A NOTARY PUBLIC IN AND FOR SAID COUNTY AND STATE, DO HEREBY CERTIFY THAT DR. BRUCE 7. WALLIN, PERSONALLY KNOWN TO ME TO BE THE SAME PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT, APPEARED BEFORE ME THIS DAY IN PERSON AND ACKNOWLEDGED THAT HE SIGNED AND DELIVERED THE SAID INSTRUMENT AS HIS OWN FREE AND VOLUNTARY ACT THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS ~~ DAY OF 'il.~'/ : ~ ~^~~ ~{ r' .rte 144d .. _ l.! ~ s _ ., -_~. ``'~---~"y NOTARY P BLIC COMMISSION EXPIRES: v ~ ° ~d" ~~M~ ~Cg. ~ RbF3ERTA A MAJEWSKI .Y My Commission CC371p24 Expires May 09, 1988 y, r~~OFF4~P Bonded by AN6 90p-852-5979 >y ~~ ~.~ - R ~"~c~~~:~8~ STATE OF ILLINOIS ) SS. COUNTY OF ~.~ t~~ c.) I, ~~~~-r ~ ~c-t--~, A NOTARY PUBLIC IN AND FOR SAID COUNTY, IN THE STATE OF AFORESAID, DO HEREBY CERTIFY THAT ~,1 y~~.~~~ ~~.~E~~, , OF PLAINFIELD PARTNERS, PERSONALLY KNOWN TO ME TO THE SAME PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING INSTRUMENT APPEARED BEFORE ME THIS DAY IN FERSON AND ACKNOWLEDGED THAT HE/SHE SIGNED AND DELIVERED THE SAID INSTRUMENT AS HIS/HER OWN FREE AND VOLUNTARY ACT AND AS THE FREE AND VOLUNTARY ACT OF SAID CORPORATION FOR THE USES AND PURPOSES THEREIN SET FORTH. GIVEN UNDER MY HAND AND NOTARIAL SEAL THIS ~\ DAY OF ~~~.~~~~~ , 1994. NOTARY PUBLIC COMMISSION EXPIRES: ~' "OEFICI~,L_ 5~AL" ROE3ER~ R. TILLY NOTARY f'~?Bi..«::. STATE OF ILLIN01 MY C01~~!~w'~a~~'w EXPIRES 6/25~'~'~ ~.,~..•r..~..........~.....~. - EXHIBIT A LEGAL DESCRIPTION THAT PART OF SECTION 16, TOWNSHIP 36 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING WESTERLY OF THE ELGIN, 70LIET AND EASTERN RAILROAD AND SOUTH OF THE SOUTHERLY RIGHT-OF-WAY LINE OF U.S. ROUTE 30 (ILLINOIS ROUTE 126), IN WILL COUNTY, ILLINOIS. ~/ 1) ~--;y ~,g ~~ PRELIMINARY PLAT E~~"~~B~T B ' WALLIN WOODS ~ 1 T pLA1NFiELb, ILLINOIS ~ ~ ^~:'~° ~~~ ~ r s , ~1, . .~ .,~ ~r. ..: ~. i/ ~ ~` ~ r" s..u r n...~...aJ. PAN[,'{ e - pC9[14eCL A p15TPoCT W LC R[ZdYE9 ! / i0 tl11aPrC33 tl+S~B-S ANP SPEQAL Rf81PENfi i' ANNC%A1gN ApKTNCM. . ~_ PANCLI A - p[yp(N(~ A dSiNICI 10 E[ NF7aKP ' "' 10 YIx[0 USY tl-3\B-S AMD A-3 PQ ANIIE11AlICM jJr /i ACRQ~E7/1. f /• ` mot? ! .,. 1 ! ~pM' In I~r ~ 6 ~fYti~V Ij~ ~p orrA.A AvpNic rm rn rae . 3 .. ; '; m t ij - ~. /N rOr wr ` r i::: 'la ..1'~. .tt1_ Aso uJ , lee IA ~. ~~ ,L`.o.• an ~r ~• ~ 1 7 w ~ ..... ... ' ~T. , /, ~ ~ 7^r 1-n ly. 'ae• I.r Iwl w rn ' ~ d g 9 SS ~. i~' R ;3r. 1~ _~ ~' ur :~11. r SL'. ~'~ J~ ~ / a . ~ lye ,lµ ~' i i _IMI~ / .:3: ~' ~ ,ISM 'r ~/ la `~, _;:. ~F~ lee i'°.~ :9. v - ~ ~ .u ~••• :~• '» wr -- d.C. PANm c N6pOK>i w /, IM ~ .. ~~ lu * daTpCT PPW aPACi ~ ti t I.r .....~~......... . f~. i' [' tee! Iwr i ~ ~' .ri. ~ / ~~ '~A' ~' . / { .yµ • g L.... w n 'r .~ '~ ro „ .W c F f ` r ~,+, (111 ' Y r~ t V(~' ~/4 l E r n ; / ~ ' ,r' f 1 . ; "~~ " :d• '~~ a .~. ~- .`.r. ~` :.? ~~~ '~,'~ ~ 1~ • 1\ °~ 1 i. i K r ~ ~ ; e\ Y•/ 3 ~' ~ ~•'r.: ~ "^'ylyc wx n.wr~ .y+wr 1~ { •)) • 4 ~ Y ~ ,' f ~r PARL%'l P ~ '..fir w..u. u.n .ru a..rr. `~'. «' t ^°)/ 6 : • l .,~ RC'1P0/~ A 'JAF FAlwi rlh6 ' ,f ~ ' .f' lei olr[~ele~~ ~ -~rwe A~[ " ' F' F ,r+ ~ 1",' A:P*i~. a:l:i`:.i iiiriiii~ J E': r, ' _ M [+.v e ~ P nil ~ ~ ~ -_. ~W '' . ~ ~ j ~ • .. Fers) •x-733v t ~f I :I~~G : . c-t;MC~r~ F.F.a.~ 'WfF f. ''...i e~ . ~ " ..... `~ ~ ~ ~ -- ~~ ~~'°~7 V~ 1 NARY ENG 1 NEER I NG PLAN EXHIBIT r~ ~ WALL I N WOODS pLA1NFIELD, ILLINOIS ~ ... •- ~.. "° ~ E ~ ~• ;! ~~ ~ -- "~- \~ '•~~ :7.'1J•7~ r't:r~jf.~=~ `+r , ar ` .•r A'.. a.• r ~. _ ~~~ ' "'~ ]J ,/ ~ ~.: - 'r ~w mina • . rl.. .. rr • ~ '~ I, , l • ' ' •' 4 ~" / aY}~ ~~' 1. ~, ' ,~~,~~r'~h i ~ f ~ ~~~ / ~.~-.. r ', , D ~~- RC~41Q. A Ofa ,fir .E . .~ / ~V r e-a•wb srEaK 4[!lc~' ~F r ,! / L~7 ~_~ , r~rtccti ~ -'Arfiooux w asp to,x wczaMCn , dk _ ~, v aa.u ,~ r`. , / ~r~ - _ 7P. wIQD USY' B~+S AMO A.~ P'FJI A1~MCxATOX n~i` (~7 ,' ~1~~'.._' r. I ~~ -- - ~ . !.'',i. ~.. Y~'. ,'. !.. .k ~~ \y j etas .'.,~' i ~ ~ ~ w, ~. ; ~ ~ ~ r' r~ .w.w. v r ~ f w';. ~ ~ .S'. P oismc7 ~S-rC[ ~ '}~6 / '` V 4- T "rte / ~ ~fn ~• l •~ "_ ~ ~; ~ • ~r ~'r~.- ~ .,may ~'~i '~ ::~:'~.;..~ ; / r+ ~- ... ' ~~a~'M.a .I. I ~ l " ~ ~~~' JI • . .~ - - '~. - `~ ~ . _ : ~; ,,aF 4r ~~.' ~~ 1i1. ~`, fr %~~. ...~.~.a.. .r',4 _ ~ ~~w~. •\ .{ .~' a~ 'iw..r nary ..~ wet •rw.•rw• • ~.u... r .t .rr er .rw~ r~wr.rr.. .~ :ems •.mnn~• -~._........, ....._....,.....~ .....~ ..Y......~ L ^i __ prJHCI[yp PwRTIERS ~..r.r. 313 44G~ORT ~` rrw .r..K.* w in.~ P~w161F1D. 41/r(a+ -"~~ t CEMCON Ltd. LAN PREL 1 M 1 NARY f;NG t N~ER 1 NG P EXHIBIT ~° ~+ W A L L I N W O R D S ~ SUPPLEMENTAL ILLINOIS P L A I N F I~ L D , a/ aY . ~4 w wN , ,,,F ~~,,,,/,,/d . .c ev~/Nee . ~ov. o 4~cLCC2'3 DfvM, /O.kT 7d UMC'OWWAY GRCC.E l , .C/A.C:.572T,t/ ORrVE fR7~CMG4LY llNCOC/JMaYCtlUKT ~ ' ~ ~ _ • ~ < K/NG.f777N p.7[/.4T) /NP I9 70 dC LfSEO W +' . ! / ~ + !Jf PREVIOUSLY BU4- ¢7NJUNCT/OA/ M/Y!/ 1 ` '~ ~ / l ~ . 1 • `~ ! ~ •• MGINFER/.t.G PLdN. M/TTEQ PQt[JM/Nd 4Y E 6z///B/T d Faa A(e(1/N W170p,4 p4tro ///Gd/dd. `` I •` ` ~ ` r I ~ ~ \ ~ \ I ~ , ., /i ! • /~ \ ~ f ' • ~ ~~ '~` ' OTFdWd dV~ r na n rz 72 , loo i , ,a 1 /' I 109 ~ '8 $ n 1F2 113 „~ I 12s ~110~ „ 111. _ ~ ,p.t... i.[2d F ..rid. sr ,a.wa~s ~ ~ ~ .. . • ~ .085f >9 •1, n' 100• ~n .]z~ ~~ • ~ 1 G~..E / ~ / 121 -- / 27 107 I 5 72 ,loa ~ i ~ 128 ..~2a tr ' ' i .xo. s ~ ,aa I ~~ r tP ,S, I ' 115 ~ 11'4_ X125 Q ~ "~ ~ ' / sr ,2•eap. i ~ 129 w _ . a aoa I ~ , 106 ~ . . fa.+[r, sr ~ [gyn. 1: . / .112. Y ~ 17 ,00' I d . ~ I ~ ' io's „~ Ino ,yo ~ +x~ 11s 1za' ~~ j ~ ; ,o " \ \ .ooo. 9 ~ ~ , 10.6X. l 12.2)). Sr ~ $ / ' ' \ }}.. ~ f }44 I ~ 1 7,' rv .' ,50 i ~;, ~ ~ 311ti 11 ~ pp 103 . i ~ ISO ,2] ,tl ,.o ` , ~' 1.i a . ~ .ao6 p .n i .2 ~ ,o.6x. sr 12 Z ~ r : ,a 3~s f ~ All watcmuin w be 5- s a• untpu ou,erwise s+wwa \ \ 1;5,2 Si ~ $ r ~ .. ` . nlaa pll,awisc rlwwn t b b' • ll i ~ , ~ u 119 ^ ' . p e u larT sever A ,ar, lpq P ' _ ~ tl 2 . • .~e. ~ 121 ~ ;.~.3v 101 '' , ~ • •'9120 ~~ kti t34 ~ G[0~ [Mp ' d~ ,>Q• ~ 131 \ .... ur ~\ i 'S w ,zr1. ... . o 1A0 ~ ~• e • V 0 ~' ~ ~; ~.[.~ s• ~ ~ ~ .135 _ :136 w -c --c .'... • --t i a'•• - ,a.sa r ^ 137 - ~,,,, - ~»...• ... ..•.. ~~ r fan.. s ~ 7 , r I - ~ ~.- ....+- u..r• •,• ` 206 ~~~ -~ ..a~,...... .1w..a•....., . 98 ,~, Ci,~ ...... ..... .. ,,..a. >r 2a 2 ~/f' Y •r .... . ~" , 97 ~ ,,,a,a F J 89 1a'Ai f- R gg- ~' „ n 87 ~ 86 " ~ ~ ~ ...~... - . .~. \ ' [..[. ~ i.p•a sr ,.,... ~ 85 ~..... . .. r~ ` ~ / isr ' ,ep ~ ~ ryr ~ ~ _ I v,•p.a s ^ V ~ ,,.ori ~ , '\ , ALL HVILOING SETBACK LINES TO AE ,3a `1 I Q , ~,• r>D fi7 I 6~. • +~ • M,NlMVM OF 30 FEET PER YILIACE OF PLAINf1ELD REOVIREMENTS ~ 95 _ ~ w 66 14,.f. SF .,, 3~6. Y x_.69 -_.. . i ns s fu tsa I . >.• r.,~ + ~ . r ~ ~ N s,: wa.,. r / ~ ~ 1 ~ 75 " j a ~ '• ~i2.rf. 1v i X" c, • `i s ~ ~ f : 7 Y y ,aua F ~ . ~ ~ . .. ~~ ~ , te l s r ,a ab eai ~\ ` f ' I ~~ 'S5 ' ~ ~~ ~ ' I_. fana s ' . ~D ~J / ~~ ~ ``~ ` t' ARTNERS PLAINFIEL g¢ Y 515 LOOKPORT STREET ILIJNOIS 60544 PLAINFIELD ~ 1 v ~ LJ ~ ~ a 1°•n' ~ ~ ~ ~ •I , L V 53 . \ ' (8t 5) 436-7339 4 '• • , 9 a '~ r . _ ~,r. ~ ;~aN ~ ~ 1~ `/ CEhiCOi~T, Ltd. ~ ~~ " f.,~, [wm r..nu .ow ~ , ua2~a sp+so p0.„'.,, !.: RC/'„ fy. [ti / w:, ,rp.: _____ CCti~1[,Np MS : M/u ~ X'9 np, ; 9p0.[.~ EXHIBIT D Wallin Woods -Inclusions in Covenants & Restrictions Attached Single Family Homes: Section 1. No lots shall be used except for residential purposes nor shall any trade, business, or commercial enterprise of any type whatsoever be permitted or maintained on any of the lots. Section 2. All dwelling units constructed in Parcel A of Wallin Woods shall provide at a minimum the following square footage of finished living quarters; a) one-story single family attached dwelling units; 1,000 square feet b) two-story single family attached dwelling units: 1,300 square feet Section 3. All dwelling units shall conform to the following requirements and regulations: a) Bulk Regulations: 1) Maximum density: 120 homes for Parcel A 2) Minimum yards: Front 22' from private drive 30' from exterior R.O. W . Side 10' Rear 30' from property perimeter 3) Building separation: Front to front - 75' Front to side - SS' Front to rear -not allowed Side to side - 20' (10' sideyard each) Rear to rear - 60' Rear to side - 40' 4) Parking: Minimum of one car garage and 2 drive spaces plus 20% guest parking (4.0 per unit) Section 4. No temporary building, trailer, mobile home, recreational vehicle, tent, shack or other similar improvement shall be located upon any property within the project. Exception: Temporary sales and construction facilities related to the sales and development of the subject property. Section 5. The repair and maintenance of any motorized vehicle shall not be permitted except within the confines of the garage of a dwelling. Section 6. No home occupations nor businesses are permitted. The only permitted uses shall be single-family attached or detached homes. 7 ° cr _ 7 ~~~~~~~~~-W~~~ Section 7. No metal or stockade fences are permitted. Section 8. No camping trailers, boats, tractors, trucks, motorcycles, mobile homes, or other vehicles of any type whatsoever are to be parked, stared, or left unattended, permanently or temporarily, on any of the lots, except in the garages on the lots; provided that the operable automobiles being used by the owners, occupants, and their invitees of the lots may be parked on the owners' driveway and public streets as permitted by law. Section 9. No bicycles, carriages, or other articles shall be stored or left visible on any lot except when in use. Section 10. No signs of any kind shall be displayed to the public view an any lot except a) one sign of not more than five square feet advertising the property for sale or rent or such other dimension approved by the Homeowners Association and b) any and all signs used by Plainfield Partners in connection with developing and advertising lots for sale. Section 11. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. No dog kennels of any type shall be kept or maintained on any of the lots. Section 12. No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upan any of the lots, and no refuse pile ar unsightly object shall be allowed to be placed ar maintained an any of the lots. Trash, garbage, or other waste shall not be kept except in sanitary containers which must be properly maintained. No trash, garbage or other waste containers shall be stored, kept, or maintained anywhere except within the dwelling units ar the garages on each of the lots, except on such days as such trash, garbage, or other waste material is to be collected and removed. These restrictions shall not apply while a building is under construction. Section 13. No drilling or mining operations of any type whatsoever shall be permitted upan or in any of the lots, nor shall any wells, tanks, tunnels, excavations or shafts be permitted upon or in any of the lots. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any of the lots. Section 14. No exterior television antennas, television satellite dishes, radio antennas, or lights of any type whatsoever shall be erected or installed and maintained, temporarily or permanently except such antennas or lights which shall be erected or installed or approved by the Homeowners Association. Section 15. No pools shall be erected, placed or maintained upon any of the lots, except community pools owned and maintained by the Homeowners Association and only with the written consensus of the coordinator. Section 16. All structures to be erected shall comply with all government regulations, including zoning and building codes. Section 17. All easements created herein shall be subject to all public utility easements heretofore or hereafter granted. (~, ARTICLE VIII DESIGN STANDARDS Section 1. Minimum building and lot standards. All dwelling units shall conform to the following: a) 503'0 of all building fronts, both one-story and two-story, may incorporate any of the following: 1) Masonry, including brick and stane but excluding concrete block, split face block or similar material. 2) Stucco (or similar material such as "Drivit") 3) Cedar, beveled ar lap siding, shakes and trim but excluding "T1-11" or similar. 4) Combination of the above. b) Chimneys are to be masonry; or pre-fab chimneys of a traditional design and style. c) The height of any dwelling unit shall nat exceed 35' measured from the main entry level to the highest roof ridge or be more than 2 '/z stories. d) All homes will have as minimum of a one car garage. e) All homes will have a minimum roof pitch of 4/12 f) Driveway surfaces may be poured concrete, bomanite, brick or modular pavers or asphalt. No stone, screenings or other "loose" materials are permitted for driveways. g) Each driveway will have a minimum width of 1 S' and allow for off-street parking of at least two cars. h) Coach lights, driveway lights and security lights maybe installed by each individual lot owner subject to prior approval of Plainfield Partners. i) No sign of any kind shall be displayed to the public view on any lot except a professional sign of nat mare than five (S) square feet advertising the property for sale or signs used by a builder to advertise the property during the construction and sales period. j) Walls and fences are permitted subject to Village Code, provided the following criteria are met: 1.) Placed sa as to screen adjacent patio or deck areas only. 2.) Shall not be constructed to enclose any yard or space. 3.) May not exceed 6' in height within 12' of the rear of any building. 4.) May not exceed 4' within 12' of the front of any building. S.) Are not permitted within any side yard or beyond 12' from any building. a~ ~;~~-~~~~~, 7~2 Section 2. Minimum landscaping standards. The landscape design for each building site should provide the following minimum turf grass and plat materials; a) Turf grass -shall consist of sod in all front yards and parkways and all side yards which front a street. Side yards which do not front streets and all rear yards may be seeded although sodding throughout is suggested. b) Plant material sizes -the following minimum sizes shall be provided for plantings: Plant Material Type Minimum Size and Transplant Type Deciduous shade trees 2.S" BB Deciduous ornamental trees 8'BB (shrub form) 1.5"BB (tree form) Evergreen trees 6'BB Deciduous shrubs 3-4'BB (standard species) Deciduous shrubs 18/24"BB or container (dwarf species) Evergreen shrubs 18/24"BB or container (standard species) Evergreen shrubs 18/24"BB or container (prostrate species) Groundcover/Perennial 3-4" pots c) Plant material quantities 1) Parkway trees -deciduous shade trees shall be provided on the basis of one (1) tree per fifty (SQ) feet of street frontage, rounded to the nearest tree. 2) Required building site plantings -the following minimum amount of plantings should be provided for each home: (a) Quantity -three (3) trees per each attached home (excluding parkway trees in Item c) - 1 above. Six (6) shrubs per each attached home. (b) Type -fifty percent (50%) of the trees shall be deciduous shade trees with a rninirnum caliper of 2.5 inches. The remaining fifty percent (50%) of the trees may be deciduous ornamental trees or may be evergreen or deciduous shade trees. Fifty percent (SO%) of the shrubs shall be evergreen shrubs. The balance may be evergreen or deciduous as desired. (c) Guarantee -all plant materials, except for annuals, shall carry a minimum of one (1) year replacement guarantee issued by the installing landscape contractor. This guarantee shall cover not only dead plants, but plants which are in a drying condition or which have failed to flourish to the extent their usefulness or aesthetic appearance has been impairetl. Any tree with a cut or dead main leader or with a crown which is twenty-five percent (25%) or more dead shall be replaced. G~ EXHIBIT E Wallin Waads -Inclusions In Covenants And .Restrictions Single Family Detached: Section 1. No lots shall be used except for residential purposes nor shall any trade, business, ar commercial enterprise of any type whatsoever be permitted or maintained on any of the lots. Section 2. All dwelling units constructed in Parcel D of Wallin Woods shall provide at a minimum the fallowing square footage of finished living quarters: a) One-story single family detached dwelling units: 1,600 square feet b) Twa-story single family detached dwelling units: 2,000 square feet Section 3. All dwelling units shall conform to the following requirements and regulations: a) Bulk regulations: 1.) Minimum lot size: 70 x 12$' (9,000 square feet) 2.) Minimum yards: Front - 30' Side - 10' Corner side - 20' Rear - 35' Section 4. No temporary building, trailer, mobile home, recreational vehicle, tent, shack or other similar improvement shall be located upon any property within the project. Exception: Temporary sales and construction facilities related to the sales and development of the subject property. Section 5. The repair and maintenance of any motorized vehicle shall not be permitted except within the confines of the garage of a dwelling. Section 6. No home occupations nor businesses are permitted. The only permitted uses shall be single family detached homes. Section 7. No metal or stockade fences are permitted. Section 8. No camping trailers, boats, tractors, trucks, motorcycles, mobile homes, ar other vehicles of any type whatsoever are to be parked, stared, or left unattended, permanently or temporarily, on any of the lots, except in the garages on the lots; provided that the operable automobiles being used by the owners, occupants, and their invitees of the lots may be parked on the owners' driveway and public streets as permitted by law. Section 9. No bicycles, carriages, or other articles shall be stored or left visible on any lot except when in use. ~~ 1-~~:~~~~~ Section 10. No signs of any kind shall be displayed to the public view an any lat except a) one sign of not more than five square feet advertising the property for sale or rent or such other dimension approved by the Homeowners Association and b) any and all signs used by Plainfield Partners in connection with developing and advertising lots for sale. Section 11. No animals, livestock, or poultry of any kind shall be raised, bred, or kept on any lot, except dogs, cats, or other household pets may be kept provided that they are not kept, bred, or maintained for any commercial purpose. No dog kennels of any type shall be kept or maintained on any of the lots. Section 12. No weeds, underbrush, or other unsightly growths shall be permitted to grow or remain upon any of the lots, and no refuse pile or unsightly object shall be allowed to be placed or maintained on any of the lots. Trash, garbage, or other waste shall not be kept except in sanitary containers which must be properly maintained. No trash, garbage or other waste containers shall be stored, kept, or maintained anywhere except within the dwelling units or the garages on each of the lots, except on such days as such trash, garbage, or other waste material is to be collected and removed. These restrictions shall not apply while a building is under construction. Section 13. No drilling or mining operations of any type whatsoever shall be permitted upon or in any of the lots, nor shall any wells, tanks, tunnels, excavations or shafts be permitted upon or in any of the lots. No derrick or other structure designed for use in boring for oil or natural gas shall be erected, maintained, or permitted upon any of the lots. Section 14. No exterior television antennas, television satellite dishes, radio arnennas, or lights of any type whatsoever shall be erected or installed and maintained, temporarily or permanently except such antennas or lights which shall be erected or installed or approved by the Homeowners Association. Section 15. All structures to be erected shall comply with all government regulations, including zoning and building codes. DESIGN STANDARDS Section 1. Minimum building and lot standards. All dwelling units shall conform to the following: a) All building fronts, both one-story and twa-story, may incorporate any of the following: 1) 75% of the homes in Wallin Woods Parcel D shall have a front elevation of 75 %o masonry, including brick and stone but excluding concrete block, split face block or similar material or stucco. 2) Stucco (or similar material such as "Drivit") 3) Combination of the above. 4) Aluminum and vinyl siding. b) Chimneys are to be masonry; or pre-fab chimneys of a traditional design and style. ~~ ~ r R c) The height of any dwelling unit shall not exceed 35' measured from the main entry level to the highest roof ridge or be more than 2 '/z stories. d) All homes will have as minimum of a two car garage. e) All homes will have a minimum roof pitch of 4/12. Multiple roof pitches shall be required on 753'0 of the homes in Wallin Woods Parcel D. f) Driveway surfaces may be poured concrete, bomanite, brick or modular pavers or asphalt. No stone, screenings or other "loose" materials are permitted for driveways. g) Each driveway will have a minimum width of 18' and allow for off-street parking of at least two cars. h) Coach lights, driveway lights and security lights may be installed by each individual lot owner subject to prior approval of Plainfield Partners. i) No sign of any kind shall be displayed to the public view on any lot except a professional sign of not more than five (5) square feet advertising the property for sale or signs used by a builder to advertise the property during the construction and sales period. Section 2. Minimum landscaping standards. The landscape design for each building site should provide the following minimum turf grass and plat materials; a) Turf grass -shall consist of sod in all front yards and parkways and all side yards which front a street. Side yards which do not front streets and all rear yards may be seeded although sodding throughout is suggested. b) Plant material sizes -the following minimum sizes shall be provided for plantings: Plant Material Type Minimum Size & Transplant Type Deciduous shade trees 2.5" BB Deciduous ornamental trees 8'BB (shrub form) 1.5"BB (tree form) Evergreen trees 6'BB Deciduous shrubs 3-4'BB (standard species) Deciduous shrubs 18/24"BB or container (dwarf species) Evergreen shrubs 18/24"BB or container (standard species) Evergreen shrubs 18/24"BB or Container (prostrate species) Groundcover/Perennial 3-4" pots 7 ~-~ ~"~~-j~~~~82 . . c) Plant material quantities 1) Parkway trees -deciduous shade trees shall be provided on the basis of one (1) tree per fifty (50) feet of street frontage, rounded to the nearest tree. 2) Required building site plantings -the following minimum amount of plantings should be provided for each home: (a) Quantity -one (1) tree per each thirty-five (35) feet of street frontage (Excluding parkway trees in Item C-1 above) rounded off to nearest unit. Three (3) shrubs per each twenty (20) feet of street frontage rounded off to the nearest unit. One deciduous shade tree in each rear yard. (b) Type -fifty percent (50%) of the trees shall be deciduous shade trees with a minimum caliper of 2.5 inches. The remaining fifty percent (50%) of the trees may be deciduous ornamental trees or may be evergreen or deciduous shade trees. Fifty percent (50%) of the shrubs shall be evergreen shrubs. The balance may be evergreen or deciduous as desired. (c) Guarantee -all plant materials, except for annuals, shall carry a minimum of one (1) year replacement guarantee issued by the installing landscape contractor. This guarantee shall cover not only dead plants, but plants which are in a drying condition or which have failed to flourish to the extent their usefulness or aesthetic appearance has been impaired. Any tree with a cut or dead main leader or with a crown which is twenty-five percent (25%) or more dead shall be replaced. 5 V~ ~t o N 7 ~ ~ ~ C ~o~-, "'~ t ~~~s~ 4NNy ~ a ~~ h w In ~ N ~ a t } ~ S n fi < b i I r` m m C o~ g~~~gg ~~~4 2 3!! a~~ Z ~~ .a i m m ~ ~ m z ~ c ~~~-~:~Q~~~~~ , ~ ~ EXHIBIT G CHAPTER 9 ARTICLE 14 Section 9-113 Section 9-114 Sectian 9-115 Section 9-116 Section 9-117 Sectian 9-118 Section 9-119 Section 9-120 ~3+~~~~9~~ dG7~ .°lrtiele 1A B-5 B-5 TRADITIONAL BUSINESS DISTRICT Intent Permitted Uses Special Uses General Requirements Area Requirements Lot Width Requirements Yard Requirements Height Limitations/Bulk Regulations Section 9-113 INTENT: It is the intent of this district to accommodate the retail, service, and office uses and lot configurations which are characteristic of the traditional retail area of the Village. Section 9-114 PERMITTED USES: No building, structure, or parcel of land shall be used and no building or structure shall be erected, altered, or enlarged which is arranged, intended, or designed fnr other than one of the fallowing uses: 1 Civic buildings. 2. Dwelling units, above the first floor level. 3. Eating and drinking establishments. 4. General retail. 5. Offices -General, business or professional; medical or dental. 6. Photography studios, including the developing of film and pictures when conducting as part of the retail business on the premises. 7. Printing, publishing, and blueprinting establishments. 8. Theaters, indoor. ~ L) L~,,,r/ n{ ., a R9~~~~~~78C. "' Article 14 B-5 ti 9. Pharmacy, Drug store. 10. Florist Shop. 11. Video Store. 12. Antique Shop. 13. Music Shop. 14. Delicatessen/meat market/butcher shop. 15. Services, including, but not limited to, barber shops, beauty shops, laundries, clothes cleaning and laundry pick-up stations, shoe repair, tailor shops, banks and financial institutions, including drive-in facilities, appliance repair shops, and similar stores or shops for the conducting of a service. 16. Other uses which are of the same general character as the above permitted uses, as recommended by the Zoning Administrator, and approved by the Village Board but specifically prohibiting those uses which are first permitted in the B-4 District. Section 9-115 SPECIAL USES: The following special uses may be permitted in specific situations in accordance with the procedures outlined in Chapter 9, Article 3 of this ordinance. 1. Community centers. 2. Cultural institutions. 3. Parking lots and garages. ~. Health Clubs. 5. Planned Unit Developments. 6. Public and private utility facilities. 7. Meat Locker. $. Fraternal Lodge/Meeting Hall. 9. Churches/Center for Worship. 10. Outdoor eating and drinking establishments. ~~ ~. ='~ R9~--~~f~~~7~~ + + r, c Section 9-11 b GENERAL REQUIREMENTS: Article 14 B-5 ~ ~ . A 1. Dwelling units shall not be permitted below the second floor of any building or structure. 2. All business establishments shall be retail or service establishments dealing directly with consumers. All goods produced on the premises shall be sold at retail on the premises where produced, wholesale as an accessory use shall be permitted if subordinate to listed permitted use in this district. 3. All business shall be conducted within completely enclosed buildings except for off-street parking or loading. The normal services and sales offered at eating and drinking establishments are excluded from this provision. The Village Board may waive this provision by designating certain days on which business establishments may conduct their businesses outside the building or structure. 4. All outside storage areas of goods, materials, products and trash containers shall be enclosed with fences or landscaping of one hundred percent (100%) opacity. Exterior lighting of the facility shall be directed away from surrounding properties. Such lighting shall be directed immediately downward at no less than 90~ angle from the light pole and shall fully comply with specifications and approvals required by the Village Site Development regulations. 5. Parking shall conform to the requirements of the Village Board Approval. Section 9-117 AREA REQUIREMENTS: The minimum lot area shall be 4400 sq. ft. in the B-5 District. Section 9-118 LOT WIDTH REQUIREMENTS: The minimum lot width shall be 25 ft. in the B-5 District. Section 9-119 YARD REQUIREMENTS: The minimum building setbacks and yard requirements shall be as follows: Front 0 ft. Side 0 ft. Rear 75 ft. Section 9-120 HEIGHT LIMITATIONS/BULK REGULATIONS: 1. The maximum height of all buildings and structures shall be 35 feet. 2. The maximum floor area ratio for all buildings and structures shall be 2.5. ~ ~~ ~~