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HomeMy Public PortalAboutOrdinance 1670 ,. ORDINANCE NO. 16 7~~ AN ORDINANCE AUTHORIZING THE ISSUANCE OF A SPECIAL USE PERMIT TO ALLOW A PLANNED UNIT DEVELOPMENT (PUD) FOR PROPERTY OWNED BY THE DOWNERS GROVE NATIONAL BANK, AS TRUSTEE UNDER A TRUST AGREEMENT DATED MAY 31, 1995 AND KNOWN AS TRUST NUMBER 95-231. (HEREINAFTER REFERRED TO AS "OWNERS"). WHEREAS, the Village of Plainfield Planning Commission has recommended that the OWNERS application for a special use permit for a planned unit development be granted and has made certain findings based on the evidence presented to it in said case that: 1. The Annexation of the subject site would provide a logical extension of Village Boundaries. 2. The Land Plan proposed far the subject parcel is consistent with the current Comprehensive Plan dated in 1988 and the proposed comprehensive Plan now under consideration. 3. The Land Plan is designed to be sensitive and compatible with existing surrounding land uses. 4. R-2 and R-4 are appropriate in providing the highest and best use of the subject property without detriment to adjoining properties. 5. A Special Use Permit far Planned Unit Development will enhance the aesthetics of the development project, increase property value on site, provide enhanced public benefit by increased forestation, stormwater management and pedestrian circulation ways. 6. A Special Use for Planned Unit Development will not pose a negative impact on adjoining properties. 7. The design of the Planned Unit Development presents an innovative and creative approach to the development of land and living environments. 8. The Planned Unit Development meets the requirements and standards of the Planned Unit Development regulations. 9. The establishment of the Special Use will not impede the normal and orderly development and improvement of the adjacent property for uses permitted in the district. .{ ~. • 10. The physical design of the Planned Unit Development efficiently utilized the land and adequately provides for transportation and public facilities while preserving the natural features of the site. 11. Open space area and recreational facilities are provided. 12. The modifications in design standards from the subdivision contra) regulations and the waivers in bulk regulations from the zoning regulations fulfill the intent of those regulations. WHEREAS, a planned unit development is an allowable special use in a R-2 District. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, WILL COUNTY, ILLINOIS AS FOLLOWS: Section 1. The President and Board of Trustees of the Village of Plainfield hereby adapt and incorporate as their own, the above findings made by the Planning Commission. Section 2. That the President and Board of Trustees of the Village of Plainfield hereby approve the application by the owners for a special use permit for a Planned Unit Development to allow the development, construction and use for the following tract of land to wit: ATTACHED HERETO AND MADE A PART HEREOF AS EXHIBIT "A" Section 3. That said special use permit shall be subject to the fallowing conditions: 1. Compliance with the provisions of the Village Engineer's Report. 2. Compliance with the requirements of the Fire Protection District. 3. Submittal of a satisfactory parkway tree plan. 4. Compliance with all provisions of the Annexation Agreement. 5. That an eight (8) foot wide bituminous bike trail along VanDyke Road be installed provided a maintenance agreement far same is executed by the Plainfield Township Park District. 6. Development in accordance with the Preliminary and Final Plats of Planned Unit Development and supporting documents, attached hereto and made a part hereof as Exhibit "B". Section 4. If Part Invalid. The invalidity of any part or section hereof shall not effect the validity of the remainder hereof. Section 5. This Ordinance shall be numbered as Ordinance No. 1670 This Ordinance shall be in full force and effect from and after its passage, approval, and publication as required by law. PASSED THIS 5th DAY OF August ~ ~gg5. AYES:Heimerdinger, Rock, Smolich, Stalzer. NAYS: Dement. ABSENT:O APPROVED THIS 5th DAY OF August , ~ggg. ~~ VI GE PRESIDENT ATTEST: VILLAGE CLE RUETT/CER, TONELLI & ASSOCIATES, INC Land Surveyors/Consultants/Engineers 2174 Oneida St. Joliet, Illinois 60435 815-744-6600 FAX 815-744-0101 July 19, 1996 Our Project No. 941819.00 Terrence P. Ruettiger, P L_S. Dennis Tonelli, P.L.S. Ronald Hodgen, P.L.S. Richard M. Witt, P.L.S. Mark J. Alexa, P.E. Steven Ultis, R_L.S. Donald L. Reger, P E. LEGAL DESCRIPTION OF PROPOSED R-2 ZONING THE NORTH HALF OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPTING THEREFROM THAT PART DESCRIBED AS BEGINNING AT THE SOUTHEAST CORNER OF SAID NORTH HALF; THENCE NORTH 00 DEGREES 13 MINUTES 28 SECONDS WEST, ON THE EAST LINE OF SAID NORTH HALF, 450.00 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 40 SECONDS WEST, PARALLEL WITH THE SOUTH LINE OF SAID NORTH HALF, 281,00 FEET; THENCE SOUTH 00 DEGREES 13 NIlNUTES 28 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID NORTH HALF, 250.00 FEET; THENCE SOUTH 89 DEGREES 58 MINiJTES 40 SECONDS EAST, PARALLEL WITH THE SOUTH LINE OF SAID NORTH HALF, 41.00 FEET; THENCE SOUTH 00 DEGREES 13 MINUTES 28 SECONDS EAST, PARALLEL WITH THE EAST LINE OF SAID NORTH HALF, 200.00 FEET TO THE SOUTH LINE OF SAID NORTH HALF; THENCE SOUTH 89 DEGREES S8 MINUTES 40 SECONDS EAST, 240.00 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PART DESCRIBED AS THAT PART OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE ON AN ASSUMED BEARING OF NORTH 89 DEGREES S9 NQNUTES 4S SECONDS EAST, ON THE NORTH LINE OF SAID NORTHEAST QUARTER, 1742.05 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 00 DEGREES 00 MINUTES 15 SECONDS EAST, 40,00 FEET; THENCE SOUTH 57 DEGREES 12 MINUTES 56 SECONDS EAST, 154.61 FEET; THENCE SOUTH 13 DEGREES 36 NIINUTES 58 SECONDS EAST, 152.80 FEET; THENCE SOUTH 29 DEGREES 59 MINUTES 01 SECOND WEST, 76.40 FEET; THENCE NORTH 60 DEGREES 00 MINUTES 47 SECONDS WEST, 131.00 FEET TO A POINT ON A 60.00 FOOT RADIUS CURVE, CONCAVE NORTHWESTERLY WHOSE CENTER BEARS NORTH 60 DEGREES 04 MINUTES 47 SECONDS WEST FROM THE LAST DESCRIBED POINT; THENCE SOUTHWESTERLY, ON SAID CURVE AN ARC LENGTH OF 10.05 FEET TO A POINT 10.00 FEET SOUTHWESTERLY OF THE LICENSED TO SURVEY IN ILLINOIS, IOWA, WISCONSIN, INDIANA, & ARIZONA AFOREMENTIONED RADIAL LINE; THENCE SOUTH 60 DEGREES 00 MINCJTES 47 SECONDS EAST, PARALLEL WITH SAID RADIAL LINE, 124.33 FEET; THENCE SOUTH 30 DEGREES 46 MINUTES 26 SECONDS WEST, 104.43 FEET; THENCE SOUTH 32 DEGREES 16 MINUTES 45 SECONDS EAST, 67.66 FEET; THENCE SOUTH 22 DEGREES 42 MINUTES 55 SECONDS EAST, 98,94 FEET; THENCE SOUTH 12 DEGREES 4S MINUTES 25 SECONDS EAST, 98.94 FEET; THENCE SOUTH 02 DEGREES 47 MINUTES 56 SECONDS EAST, 98.94 FEET; THENCE SOUTH 07 DEGREES 09 MINUTES 34 SECONDS WEST, 98.94 FEET; THENCE SOUTH 00 DEGREES O1 NIlNUTE 57 SECONDS WEST, 43.29 FEET; THENCE SOUTH 54 DEGREES 03 MIrRTI"ES 11 SECONDS EAST, 161,61 FEET; THENCE SOUTH 07 DEGREES 12 NIINUTES 30 SECONDS EAST, 155.98 FEET; THENCE SOUTH 36 DEGREES 23 MINUTES 40 SECONDS WEST, 155.98 FEET; THENCE SOUTH 66 DEGREES 49 MINUTES 17 SECONDS WEST, 80.10 FEET TO A POIlVT IN THE NORTH LINE OF PHEASANT CHASE UNIT ONE (AS MONUI~NTED) BEING A SUBDIVISION OF PART OF SAID NORTHEAST QUARTER, ACCORDING TO THE PLAT THEREOF RECORDED ON MAY 10, 1977 AS DOCUMENT NO. R77-15007 THAT IS 177.94 FEET WESTERLY OF, AS MEASURED ON SAID NORTH LINE, THE NORTHEAST CORNER OF LOT 34 IN SAID PHEASANT CHASE UNIT ONE; THENCE SOUTH 89 DEGREES 56 MINUTES 17 SECONDS EAST, ON SAID NORTH LINE, 177,94 FEET TO THE NORTHEAST CORNER OF SAID LOT 34 (AS MONUMENTED); THENCE CONTINUING SOUTH 89 DEGREES 56 MINUTES 17 SECONDS EAST, ON SAID NORTH LINE, 365.69 FEET TO THE WEST LINE OF THE EAST 240 FEET OF THE NORTH HALF OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 13 MINUTES 28 SECONDS WEST, ON SAID WEST LINE, 199.83 FEET TO THE NORTH LINE OF THE SOUTH 200 FEET OF SAID NORTH HALF; THENCE NORTH 89 DEGREES S8 MINUTES 40 SECONDS WEST, ON SAID NORTH LINE, 41.00 FEET TO THE WEST LINE OF THE EAST 281 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 13 MINUTES 28 SECONDS WEST, ON SAID WEST LINE, 250.00 FEET TO THE NORTH LINE OF THE SOUTH 450 FEET OF SAID NORTH HALF; THENCE SOUTH 89 DEGREES 5$ MINUTES 40 SECONDS EAST, ON SAID NORTH LIlVE, 281.00 FEET TO THE EAST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 13 MIIVCJTES 28 SECONDS WEST, ON SAID EAST LINE, 875.92 FEET TO THE NORTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH 89 DEGREES S9 MINUTES 45 SECONDS WEST, ON THE NORTH LINE OF SAID NORTHEAST QUARTER, 914.17 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM THAT PART OF SAID NORTHEAST QUARTER DESCRIBED AS BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 34 (AS MONUMENTED) IN SAID PHEASANT CHASE UNIT ONE; THENCE SOUTH 89 DEGREES 56 MINUTES 17 SECONDS EAST, ON THE NORTH LINE OF SAID PHEASANT CHASE UNIT ONE (AS MONUMENTED), 365.69 FEET TO THE WEST LINE OF THE EAST 240 FEET OF THE NORTH HALF OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 13 NIINUTES 28 SECONDS WEST, ON SAID WEST LINE, 199.83 FEET TO THE NORTH LINE OF THE SOUTH 200 FEET OF SAID NORTH HALF; THENCE NORTH 89 DEGREES 58 MINZJTES 40 SECONDS WEST, ON SAID NORTH LINE, 41.00 FEET TO THE WEST LINE OF THE EAST 281 FEET OF SAID NORTHEAST QUARTER; THENCE NORTH 00 DEGREES 13 MIN[JTES 28 SECONDS WEST, ON SAID WEST LINE, 109,69 FEET; . ~ - ~ ~ ,' THENCE SOUTH 77 DEGREES 36 MINUTES 02 SECONDS WEST, 151.32 FEET; THENCE SOUTH 18 DEGREES 33 MINUTES 52 SECONDS WEST, 25.40 FEET TO A POINT ON A 60,00 FOOT RADIUS CURVE, CONCAVE SOUTHERLY WHOSE CENTER BEARS SOUTH 18 DEGREES 33 MINUTES 52 SECONDS WEST FROM THE LAST DESCRIBED POINT; THENCE WESTERLY AND SOUTHWESTERLY ON SAID CURVE, THROUGH A CENTRAL ANGLE OF 76 DEGREES 50 MINUTES 16 SECONDS AN ARC LENGTH OF 80.46 FEET; THENCE SOUTH 31 DEGREES 43 NIINiJTES 36 SECONDS WEST, 134.16 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY AND SOUTHERLY ON A 180.00 FOOT RADIUS CURVE, CONCAVE SOUTHEASTERLY THROUGH A CENTRAL ANGLE OF 31 DEGREES 39 MINC7TES 53 SECONDS AN ARC LENGTH OF 99.48 FEET; THENCE SOUTH 00 DEGREES 03 MINiJTE5 43 SECONDS WEST, 18.67 FEET TO THE POINT OF BEGIlVNING, ALL IN WILL COUNTY, ILLINOIS. THIS LEGAL DESCRIPTION IS NOT INTENDED TO BE USED FOR CONVEYANCE PURPOSES. 941819~R2ZONE.LEG STATEMENT OF INTENT AND AGREEMENT FOR EAGLE CHASE 1. STATEMENT OF INTENT The following is a binding Statement of Intent and Agreement, dated this day of , 1996, between DOWNERS GROVE NATIONAL BANK, as Trustee under Trust Agreement dated May 31, 1995 and known as Trust Number 95-231, ("Owner"); B & C INVESTMENT JOINT VENTURE, an Illinois joint venture, ("Developer"), and the VILLAGE OF PLAINFIELD, an Illinois municipality ("Village"), regarding the requirements for subdivisions under the Subdivision Control Ordinance (and Planned Unit Development Regulations) of the Village for the Final Subdivision Plat known as Eagle Chase Unit One ("Subdivision"). 2. PRIOR AGREEMENTS: A. Annexation Agreement dated December 26, 1995 recorded as document number R96-006822. B. Ordinances No's 1636 and 3. SUPPORTING DOCUMENTS: The owner and Developer hereby agrees to develop said Subdivision as required by the Subdivision Control Regulations of the Village except as modified by agreements contained herein and in accordance with plans and supporting documents identified below. The Owner and Developer shall transfer ownership, at no cost to the Village, of all sanitary sewer, storm sewer and water lines to the Village. A. Final Subdivision Plat for Eagle Chase Unit one, dated June 5, 1996, last revised marked Exhibit A, attached hereto and made a part hereof ("Final Plat") . B. Final Engineering drawings for the Subdivision as referenced in Exhibit B, attached hereto and made a part hereof ("Final Engineering"), consisting of the following sheets: 1: Cover Sheet 2: General Notes and Details 3: Details 4: Utility Plan 5: Plan and Profile of Golden Eagle Circle Dated Last Revised 06/03/96 01./30/96 01/30/96 03/11/96 01/18/96 1 6: Plan and Profile of Golden Eagle Drive and Quail Run Drive 01/18/96 7: Plan and Profile of Eagle Chase Drive and Eagle Chase Court 01/18/96 8: Plan and Profile of Golden Meadow Drive Sta. 2+06.30 to Sta. 10+50 01/18/96 9: Plan and Profile of Golden Meadow Drive Sta. 10+50 to Sta. 20+82.79 01/18/96 10: Plan and Profile of Eagle's Perch Court and Mallard Drive North 01/18/96 11: Plan and Profile of Eagle Ridge Court and Eagle's Nest Court 01/18/96 12-14: 135th Street (Pilcher Road) Improvements 05/03/96 15: Profiles of Rear and Side Yard Storm Sewers 05/30/96 16-18: Grading Plan 03/12/95 19-20: Retention Area 03/23/95 21: Erosion Control Plan 03/11/96 C. Engineer's Estimate of Cost, dated last revised marked Exhibit C, attached hereto and made a part hereof ("Engineer's Estimates"), containing the following amounts: 1. Grading $ 2. Paving 3. Sanitary Sewer S 4. Water Main ~_ 5. storm Sewer $ 6. Street Lights ~„_, 7. any other improvements ~_ Total S D. Specifications included in the Final Engineering referenced in Exhibit B, attached hereto. 4. AMENDMENTS: Minor changes to the engineering drawings deemed appropriate and necessary by the Village Engineer and which do not affect the Final Plat can be made as follows: A. The revision will be submitted to the Village Planning Departments and Village Engineer for review. 2 B. The Village Engineer, if approving the revisa~on upon review, will sign and adequately annotate the changes. C. The Village Planning Department shall confirm the Village Engineer's approval and shall sign initial receipt of revised and approved plans. The plans may be circulated to relevant Village Department for further review and approval. D. Three copies of the annotated revision will be submitted by the Developer and made part of this Statement of Intent and Agreement by means of a transmittal letter to the Planning Department of the Village. All amendments to this Statement of Intent and Agreement, except as allowed above, shall be in writing and approved by both parties, Village Ordinance provisions in effect at the time of the request for an amendment shall apply. 5. EXCEPTIONS: The following exceptions to the strict adherence of the Subdivision Control Ordinance will be permitted: Construction of the sidewalks may be deferred until the construction of buildings or full development of the adjacent lots, in conformity with the provisions of Paragraph 17 (B) of the Annexation Agreement. Notwithstanding the above, all required sidewalks located within the right-of-way or any perimeter arterial or major collector street shall be constructed as part of said roadway improvements, in conformity raith the provisions of Paragraph 17 (A) of the Annexation Agreement. 6. FINANCING SURETY: To guarantee the completion of improvements, the Owner and Developer shall provide financing surety as approved by the Village Attorney in the form of an Irrevocable Letter of Credit in the amount of $ as specified in this Statement of Intent and Agreement. Said Letter of Credit shall be issued by , dated said amount to be allocated as specified in the Letter of Credit. A Copy of the Letter of Credit is attached hereto and incorporated herein by reference as Exhibit D, and the original Letter of Credit shall be filed with the Planning Department of the Village of Plainfield. The Owner, Developer or lending institution shall give sixty (50) days written notice by Registered Mail, addressed to the Village Clerk prior to the expiration date of said Letter of Credit. Thirty (30) days prior to expirations of said Letter of Credit, Owner or Developer shall submit to the Village a new Letter of Credit in form and text as then required by Village Ordinances. 3 Failure to submit such financial surety to the Village at least thirty (30) days prior to the expiration date of said Letter of Credit shall be considered a default and, upon written demand of the Village served on a sum of money equal to the amount needed to complete the public improvements secured by the Letter of Credit shall be paid over to the Village in order to guarantee completion of said improvements. 7. FEES AND CHARGES: Owner or Developer shall pay all fees and charges and any applicable recapture agreement amounts as provided in the Annexation Agreement, Pursuant to Paragraph 11 of the Annexation Agreement, the Recapture Amount, as defined therein, shall be paid on a prorata basis at the time of issuance of each building permit. $. SCHOOL DONATION: Pursuant to the provisions of paragraph 13 of the Annexation Agreement, a School Donation, as defined therein, of cash in-lieu of land shall be paid for each dwelling unit constructed within the Subdivision at the time of issuance of the building permit for each such dwelling unit. The amount of the School Donation for each dwelling unit shall be the amount identified on Exhibit E attached hereto and made a part hereof ("School Donation Schedule") for the type of dwelling unit, number of bedrooms and date of the issuance of the building permit applicable to each such dwelling unit. 9. PARK DONATION: Pursuant to the provisions of Paragraph 13 of the Annexation Agreement, a Park Donation, as defined therein, of cash in-lieu of land shall be paid for each dwelling unit constructed within the Subdivision at the time of issuance of the building permit for each such dwelling unit. The amount of the Park Donation shall be $606.98 for each detached single family dwelling unit and $466.95 for each attached single family dwelling unit. The amount of the Park Donation has been calculated utilizing the Table of Estimated Ultimate Population Per Dwelling Unit attached hereto as Exhibit F, assuming 40~ three bedroom and 60~ four bedroom for detached dwelling units and 50~ two bedroom and 50~ three bedroom for attached dwelling units. 10. INDEMNIFICATION: In consideration of the mutual covenants contained in this Agreement, Owner and Developer waive any right to challenge the land/cash donation pursuant to this paragraph, and release and forever discharge the Village and the Plainfield Park District and School District 202 from any and all claims and causes of action 4 for damages or otherwise that may arise related to the land/cash donation pursuant to this Agreement. 11. MODEL HOMES: The Village shall permit Owner, Developer and their assignees to construct, maintain and operate up to ten (10) model homes on various lots located within the Subdivision as from time to time selected by Developer. 12. ELECTRICAL SERVICE: Shall be provided by Com Ed in accordance with their requirement and standards. 13. TRUSTEE'S COVENANT: This Statement of Intent and Agreement is executed by Downers Grove National Bank, Trust 95-231, not personally,. but solely as Trustee as aforesaid in the exercise of the power and authority conferred upon and vested in it as such Trustee. All terms, provisions, stipulations, covenants and conditions to be performed by Downers Grove National Bank, Trust 95-231 are undertaken by it solely as Trustees, an not individually, and all statements herein are made on information and belief and are to be construed accordingly. No personal liability shall be asserted or be enforceable against said Trustee by reason of any of the terms, provisions, stipulations, covenants, and/or statements contained in this Statement of Intent and Agreement. Notwithstanding the foregoing, Trustee hereby covenants that is has explicit authority to make all of the promises and representations of Owner in this Agreement, and has full authority to enter into this Agreement, as written on Owners's behalf. 14. OWNER/DEVELOPER: As to any obligations and commitments set forth herein which have been agreed to by Developer and not by the Owner, Owner as such is exculpated from any personal liability or obligation to perform the commitments and obligations set forth herein and the Village will look solely the Developer for such performance. 15. HOMEOWNER'S ASSOCIATION AND SPECIAL SERVICE AREAS: Owner and Developer, and their successors and assigns agree, that in the event that an owners' association or special service is established far the Subdivision, notice of the existence and generally the duties and obligations attendant therewith shall be given to all purchasers or any lot or parcel within the Subdivision prior to the closing thereon. 5 15. CONSTRUCTION SCHEDULE: No building permits will be issued for a particular lot until the Building Department and Utility Department have determined that sufficient improvements have been ,installed and are functioning so as not to compromise the health, safety, and welfare of the public. Current Village policy requires that no permits shall be issued for new buildings until the permanent. gravel road base has been installed for public streets adjoining the lot on which permits are requested. Developer shall be responsible for repairing any damage or removing any contamination of the gravel road base prior to installation of bituminous layers. Permits may be issued for Model Homes on lots designated for such use by Developer prior to installation of permanent gravel road base if the developer installs a temporary gravel road of no less than 24 ft. in width suitable for use by emergency vehicles, contractors and delivery vehicles. The suitability of any such temporary road shall be subject to the approval of the City building department and fire department, which approvals shall not be unreasonable withheld. On parcels having access from private streets, sufficient access via a paved road or temporary gravel road must be provided prior to building permit issuance. The Building Inspector and Fire District inspectors shall determine that access may safely carry emergency vehicles to the site of construction before issuing building permits. 17. TIMING OF REQUIRED 7MPROVEMENTB: All required public improvements shall be scheduled for construction and completed in sequence according to commonly accepted construction practices. All required public improvements shall be completed within five years from the date of this Agreement. Stormwater systems shall be constructed so as to be functioning at the time of occupancy of the first building within the subdivision. No occupancy permits shall be issued for any parcel not served by storm sewer lines, water mains (and fire hydrants), paved streets, street lights and street identification signage. Public sidewalks, parkway trees, paved driveways and parkway grading, sodding or seeding shall be installed for each parcel prior to occupancy, weather permitting. During winter months (December, January and February) when temperatures or moisture conditions are inappropriate for concrete or asphalt construction, tree planting and parkway seeding (or sodding) temporary occupancy may be granted on condition of installation of public sidewalks, parkway trees and grass and driveway pavement at the earliest possible date weather conditions permit. 6 20. VILLAGE ACCEPTANCE: In consideration of the foregoing, the Village hereby accepts and approves the Final Plat and authorizes it to be recorded by the Village Clerk with the appropriate authority of Will County. 21. BINDING TERM AND EFFECT: The parties intend that all of the terms of this Statement of Intent and Agreement shall. be deemed to be covenants running with the land and shall constitute a lien against the property enforceable by the Village and shall bind the Owner and any successor owner of record of the Subdivision or their assignees, lessees, heirs or executors. Owner shall have the right to convey all or any portion of the Subdivision, from time to time, in Owner's sole discretion. Developer shall have the right to assign and transfer the obligations and rights of Developer hereunder to one or more third parties who will be developing the Subdivision, it being agreed and understood that B & C Investment Joint Venture will not be the developer of the Subdivision. Upon the transfer of legal title or assignment of Developer's obligations to one or more persons or entities who agree in writing to assume the same, the Village shall thereafter look only to the assignee or grantee for enforcement of this Agreement. VILLAGE: VILLAGE OF PLAINFZELD Approved by the Board of Trustees This day of By: llage President Attest: Village Clerk 1996. OWNER: DOWNERS GROVE NATIONAL BANK, not personally but solely as Trust No. 96-231 By: Owner: DEVELOPER: B & C INVESTMENT JOINT VENTURE, an Illinois joint venture By: Wilfred Barry, venture member 7 SCHEDULE OF EXHIBITS EXHIBIT A: EXHIBIT B: EXHIBIT C: EXHIBIT D: EXHIBIT E: EXHIBIT F: Final Plat Final Engineering Engineer's Estimate of Cast Irrevocable Letter of Credit School Donation Schedule Estimated Population Schedule 8 ~XHTBTT A FINAL PLAT (TO SE INSERTED PRIOR TO EXECUTION) EXHIBIT B FINAL ENGINEERING Plans and specifications entitled "Improvement Plans for Eagle Chase Unit One, Plainfield, Illinois", prepared by Ruettiger, Tonelli & Associates, Inc., Project Number 941819.01, dated June 3, 1996, with last revision date of 1996, consisting of 21 sheets. 10 EXHISTT C ENGINEER'S ESTIMATE OF COST (TO BE INSERTED PRIOR TO EXECUTION) 11 EXHIBIT D IRREVOCABLE LETTER OF CREDIT (TO BE INSERTED PRIOR TO EXECUTION) 12 d >a U O O O N m W D a j Q z a 0 -o 0 `~ N O ~ M 4 O m t0 LA a O d' 1'3 N x ~ ~ G7 tD N N W ri U rn N~ n m E v~ ~ ~ ri rl N O r1 ~ U ~ n rn ~ rn a ~ ~-lo mnu3N ~ onehcn x = V7 R7 w c'3 n O Q d N I v ~D O tD UGGm Nr3nn E Q~ ^ ~.. ~ r-1 rl N O .- 1 arr U ~ n m z a+ o. 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O 1J h-1 m N 0 --1 0 7 -r1 C1 0 0~ 0 0 '7 A U K h N m O O I I i .~ C u7 m oti 'd W b -~I G" C m m m -..1 'C 3a D 1C ~ ~ ~ .-1 '17 O O U G G O .Q .--I tC O~ 't7 0 O 'C 'O 'O 1 +~ -r a .t m m ~ O O m w ~ 1d ~ -.~ ~ .~ ~I m O U td W m m m -.d U C a rorr; rnm~+ O O C ~ A 0 ~ C 3 C. fa -. ~1 . -I u? o+ ~ ~' Q ~ ~ A 4 i - U O -d rE cq p i I i ~~ -.~ m 0 y U ~ ~ 03 m 41 ~ O 4l i m . 3a >a >a to ~ A v p A U m ro c d ~, .a b ~ 3 O~ e--1 Q~ Lf3 +-i -.-1 a,l L.1 QJ ..~ r-I N v m 'C m D~ G+ RA-•+ w m m I I 1 QI O r-1 1J i~ v] 'C m C m ~ ?~ m 0 ~ ~ m ~ ] ~ .C ~ ~ U O ~ H m x x R) U~ 3a ~ m m a w m rn m ] ~ W ~ E 0 ~ ~ t •- 1 U ~ 3 A «~ /-i A O CL O N x m m .d W a D D U `~ I W A O H ry] CO .-i t*3 N p M N ~! l+) CO .--1 ~ N e+7 d' rl aQ H ~D tD N I r) er rn CD ~2' u7 N ri I d' p r+'I ~O c+1 d~ 4'I r'1 N erl P4 ~ ~ dpi W x O M l+7 u7 N O `.] u3 n r*9 r7 to N W ~ r-1 r-1 A F O h a ~ ~ x m ~ ~ ~ z ~ 'EXHIBIT E ~ U -r .,.~ gno.n p.r~orv orv~nr~ c~ $ ~nrvrao cvr-o... o-ection o~ac,r., ~ N r'1 r•1 tr ~ N P•1 ~ r-1 .-~ rv t'1 r1 '~ r-1 .i r-1 f V N ,~~ ,noenc oopo aaoao '~ COCN~ trv~'I~ON 4~nQ ~ Owr-9p •--~ O rv v p ~ r-i N N N r-1 r-1 N N r-1 r"1 rl N f'V - - -"1 r-1 r-1 r--1 ry U ~ ..,~ n o, QQ ~. }1 ~ '~J ~ p~ v1 R~ q ctj ~~" r~i~~u~i 1 .Nr~4 1 1 rn~~ 1 1 rvrn ~~ ~ o rK r~ o .~ cv p p • r ~ ~ ai /A ~ ` . • O C1 • xa _ ~ ~ r C~ cv W m d r-1 [~ °~~" ncccar~ 1 Nu1u1 i Nc7r-© 1 Sao .i~cti cna+~~ ra ~ ~ (7 `~ C7 ~ H ~ ~ W ~ t~ .~ c ~ ~- n ~ r x ~ }~ p ~~ °.H~~ ~ t o©cv 1 1 c~.r-i-i 1 1 ~~ ~w ~ ~ ~~ ~~ C b .a C ,~ c y a x ~ 1'^f f`l py M P'1 p1 V• .~ ~' Q j. c^v~~r~- 1 .w-i~~ 1 onnui 1 r~.r~Q .~-.-.~ •: ~ co`~ ' ~ ~ a ~ ~ ~ as .~ ... a , ~ ~ ~ ~~ ~ ~~ ~- v ~ ~ ` ~ ., ~ ~ ~ ~ - QF,.~i t-vrtir-~v ~ 1 ~Pa^Qa ~ 1 C r•'y~~ G 1 Ocvv •x ~ .ter ~ ,~' ~ ~ ,`~.+ ~+} w ~ h I'1 r t!'S ~ .-•1 N r"'1 ~ ~ ~+: ry N r1 ~ ~ (•.~ +i rv r'~7 SUMMARY OF IM PROVEMENT COST' .ESTIMATES FOR - - EAGLE CHASE UNIT ONE 941819.00 SINGLE FAMILY DUPLEX TOTAL EARTHWORK - $170,000.00 $30,000.00 $200,000.00 STORM SEWER - $333,179.50 $63,997.00 $397,176.50 '' SAN[TARY SEWER - $212,454.00 $56,318.00 $268,772.00 , _. WATERMAIN - $255,230.00 $70,604.00 $325,834.00 . ROADS & SIDEWALK • $405,782.50 $102,434.50 $508,217,00 ~ SEEDING - $12,400.00 $ l ,600.00 $14,000.00 '~ STREET LIGHTING - $34,000.00 $6,000.00 $40,000.00 ~ 135TH ST. IMP. - $35,514.00 $27,333.50 $62,847.50 "' 135TI-I ST. STORM - $5,656.00 $2,000.00 $7,656.00 "~' TOTAL $1,464,216,00 $360,287.00 $1,824,503.00 Ruetti~er, Tonelli & Associates, Inc. July 10, 1996 941819\SUMMARY ,~ 07/10/96 Page 1 EAGLE CHASE UNIT ONE IMPROVEMENT COST ESTIMATE - ' " DUPLEX LOTS REVISED JULY 10, 1996 (NO UTILITIES ON GdLDEN ,EA[3LE' DR/VE INCLUDED) UNIT QUANTITY UNIT PRICE TOTAL PRICE A. EARTHWORK EARTHWORK - ON-SITE/OFF-SITE -INCLUDES, BUT NOT LIMITED TO ALL CUT, FILL, BORROW. COMPACTION, SPREAD, STOCK PILE AND FINE GRADING IN R.O.W: S, DRAINAGE EASEMENTS, RETENTION AREAS, AND ON LOTS AS REQUIRED LUMP SUM --- 530.000.00 EROSION CONTROL INCIDENTAL --- Subtotal $30,000.00 B_ STORM SEWER 1 12" R.C.P. GLA55 V L.F. 444 $15.00 36,660.00 2 15" R.C.P. CLASS III L.F. 550 $17.00 $9,350.00 3" 18" R.C.P. CLASS Ilf L.F. 289 $19.00 $5,491.00 A 21" R.C,P. CLASS III L.F. 139 524.00 $3,386.00 5 GRANULAR BACKFILL C.Y. 65 $14.00 5910.00 -6 GRANULAR BEDDING C.Y. find 514.00 $9,100.00 7 CATCHBASIN W/FRAME & GRATE (4' DIA) EA 2 51,000.00 52,000.00 8 6" P.V.C. SUMP PUMP DISCHARGE CONDUIT L.F. 1330 $15.00 519,950.00 9 INLET MANHOLE (4' DIA.) WlFRAME & GRATE EA. 5 $1,200.00 $8,000.00 10 CATCHBASIN (TYPE C) EA. 2 $800.00 $1,200.00 Subtotal $63,997.00 C. SANITARY SEWER 1 8' P.V.C. SDR-35 PIPE L.F. 976 $18.00 $17,568.00 2 MANHOLE (4' DIA) EA 4 $1,500.00 $6,000.00 3 GRANULAR BEDDING C,Y, 220 514.00 $3,080.00 4 GRANULAR BACKFILL C.Y. 305 $14.00 $4,270.00 5 6" SANITARY SEWER SERVICE W/GRANULAR BEDDING & BACKFILL L.F. 1660 515.00 $24,900,00 6 TESTING 8 INSPECTION L.S. - ----- .. $500.00 ... Subtotal $56,318.00 D. WATERMAIN 1 8" D.I. WATERMAIN L.F. 1221 $24.00 $29,304.00 2 8" VALVE W! VAULT EA 2 51.400.00 $2.800.00 3 FIRE HYDRANT EA 3 $1,300.00 $3,900.00 4 GRANULAR BACKFILL FOR WATER MAIN C.Y. 100 $14.00 $1,400.00 5 1" WATER SERVICE WlGRANULAR BACKFILL L.F. 820 $10.00 $8,200,00 6 WATER SERVICE CURB STOP, CURB BOX, CORPORATION STOP EA 46 $500.00 523,000.00 7 TESTING & CHLORINATION L•S• - - 52,000.00 Subtotal 370,604.00 E. ROADS AND SIDEWALK 1 CONCRETE CURB 8 GUTTER W,STONE (M-3.12) L.F. 2754 $7.50 $20,655.00 2 BITUMINOUS MATERIALS PRIME COAT GAL 1165 S1.S0 $1,747.50 3 AGGREGATE RASE COURSE (10'~ S.Y. 3920 $6.50 $25,480,00 4 BITUMINOUS CONCRETE SURFACE COURSE (1.5~ S.Y. 3920 $3.00 $11,760.00 5 BITUMINOUS CONCRETE BINDER COURSE (1.5") S.Y, 3920 $2.80 510,976.00 6 STREET SIGNS L.S. ----- """"" $500.00 7 CONCRETE SIDEWALK S.F. 11000 $2.50 $27,500.00 8 EMERGENCY ACCESS ROAD (8" STONE BASE) 5.Y. 424 $5.00 $2,120.00 File Name: Eagle Chase duplex.wk4 PREPARED BY RUETTIGER, TONELLI & ASSOC„ INC. r p 07/10/96 ~ Page 2 EAGLE CHASE UNIT ONE IMPROVEMENT COST ESTIMATE ' DUPLEX LOTS REVISED JULY 10, 1996 (NO UT/L1TiES ON GOLDEN EAGLE DR/VE lNCLUDiED) UNIT QUANTITY UNIT PRICE TOTAL PRICE 9 EMERGENCY ACCESS ROAL) (2" BITUMINOUS CONCRETE SURFACE COURSE) S.Y. 424 $4.00 31.696.00 Subtatal 5102,434.50 F. SEEDING 1 CLASS I SEEDING INCLUDING FINAL GRADING & FERTILIZER IN R.O.W. AND DRAINAGE EASEMENTS ACRE 0,8 $2,000,00 $1,600.00 Subtatal $1,600.00 d. STREET LIGHTINd 1 ~ STREETLIGHT (25') INCLUDING FIXTURE, ARM 8 POLE & SECONDARY SERVICE CONNECTION PEDESTAL EA 3 $2.000.00 $6,000.00 Subtatal ~ - $6.000.00 W. 135TH STREET (PILCHER ROAD) IMPROVEMENTS INCLUDES: 1 EARTHWORK -INCLUDES, BUT NOT LIMITED TO ALL CUT, FILL, BORROW, COMPACTION, SPREAD, STOCKPILE, AND FINE GRADING IN THE 135TH STREET R.O.W. L.S. - ------ $2,000,00 2 SAW CUT AND REMOVE EXISTING PAVEMENT S.Y. 95 $12.00 $1,140.D0 3 CONCRETE CURB R GUTTER WITH STONE (M•4.12) L.F. 800 $7.50 56,000.00 4 AGGREGATE BASE COURSE (4`) S,Y. 250 $3.00 $750.00 5 BITUMINOUS AGGREGATE MIXTURE (8") S.Y. 95 $15.50 31,472.50 6 BITUMINOUS CONCRETE SURFACE COURSE (1.5") S.Y, 95 $3.00 $285.00 7 BITUMINOUS CONCRETE BASE COURSE (1,5") S.Y 95 $2.80 $266.00 8 BITUMINOUS MATERIALS (PRIME COAT) GAL 30 $1.50 545.00 9 CONCRETE SIDEWALK (4' WIDE) S.F. 4250 $2.50 310,625.00 10 R.O.W. RESTORATION 8 SEEDING L.S. - 31,000.00 11 PAVEMENT, REMOVE 8 REPLACE S.Y. 125 $30.00 $3,750.00 Subtatal - $27,333.50 1. 136TW STREET (PILCWER ROAD) STORM SEWER 1 REMOVE & REPLAGE FRAME 8 GRATE EA. 1 $500.00 $500.00 2 CATCHElASIN (TYPE C) EA. 2 $600.00 31.200.00 3 REMOVE EXISTING 15" CULVERT L.S. - -- 5300.00 Subtotal $2,000.00 TOTAL 136TH ST. IMPROVEMENTS 529,333.50 Grand Total ,f9A0,Y87.00 Unit One Duplex lots File Name: Eagle Chasa duplex.wk4 PREPARED BY RUETTIGER, TONELLI & ASSOC., INC. r ~. Plainfield Fire Protection Distzict P o. ~oX 1 z 703 N. Desplaines St. Plainfield, Illinois 60544 Business Phone 436-5442 Emergency Phone -Fire and Ambulance 9-1-1 l - ~ ~. - ~~F/fI~DISTRZCT)~REVIEW FO~R/JM NAME OF PR0.7ECT: ~i9G LG,,,,...C.~/ A~.S^t3 G/n./~T (3~NG~ DATE : v`l ~ 6 COMMENTS: 1/T'~_c_~ ry ~c~Fati/ ~c_1/i ~~> ACCEPTABLE _. Access: I3S~~ ~ (7~,,A, ~ ~u•/ Layout: Traffic Circulation (On Site): ~~ Other (Please Specify): UNACCEPTABLE (SEE COMMENTS) C~ The Plainfield Fire Protection District has no objection to the Site Plan Subdivision ~ Variance requested. The following stipulations shall be required: with this site plan approval. with construct ton plan review No stipulation ~~~ o Stipulations as f/o~llows: //'~ l'c...4.c~ F~/~S L~ s O!/CD ~ L-OMMQN ,LQ L~„~, ~ ~Z.s /O ANV /I The Plainfield Fire Protection District objects to the Site Plan Subdivision Variance request for the following reasons: ~PuT'~ Fes: Ma.z.d,~ ~--