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Home My Public Portal AboutOrdinance 2189R20030114458 Ordinance No. 2189 MARY ANN STUKEL 50P Will County Recorder Will County R 2003074458 Page 1 of 50 KLN Date 03/31/2003 Recording Fees_ Time 15:25:11 64.00 AN ORDINANCE AUTHORIZING THE EXECUTION OF A CERTAIN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF PLAINFIELD, ILLINOIS, AND JOE KEIM LAND CORP., AN ILLINOIS CORPORATION, JOE KEIM BUILDERS, INC., AN,, ILLINOIS CORPORATION (HEREINAFTER REFERRED TO COLLECTIVELY AS "OWNERS") AND JOE KEIM LAND CORP., AN ILLINOIS Cq PORATION (HEREINAFTER REFERRED TO AS "DEVELOPER") /4)4163-A-30/- 05-/ 03.2 -op3-/b- 'Q1-0// HEREAS, 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 the owners. WHEREAS, a public hearing was held before the Corporate Authorities of the Village of Plainfield, after publication of notice, upon the proposed Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD, AS FOLLOWS: Sec. 1: That the President and Village Clerk are hereby authorized and directed to execute the aforesaid Annexation Agreement for and on behalf of the Village of Plainfield, Illinois, ,That all ordinances or parts thereof in conflict herewith are hereby repealed. This Ordinance shall be in full force and effect from and after its passage and approval as required by law. This Ordinance shall be numbered as Ordinance No. 2189 . R20030714458 PASSED THIS 3rd DAY OF February, 2003. AYES: Collins, Swalwell, O'Connell, Thomson, Calabrese. NAYS: 0 ABSENT: Cherry. APPROVED THIS 3rd DAY OF February, 2003. VILLAGEPRESIDENT (7,*00 /(--4/2-a j\.ci. 605-0 R20030714458 F:1Hss�KeimlPlainiieldlacuiex agr 13.wpd 031902;071602;080202;091702;102802;121102;011303 06426102 PREPARED BY AND RETURN TO: Henry S. Stillwe III Rathje & W ward 300 E. R sevelt Road P.O. B 786 Wh ton, IL 60189 ANNEXATION AGREEMENT FOR SHADOW WOOD SUBDIVISION THIS ANNEXATION AGREEMENT is entered into this j4Jday of -c - . 2003 ("Effective Date"), by and between the VILLAGE OF PLAINFIELD, an Illinois municipal corporation (hereinafter referred to as "Village"), and JOE KEIM LAND CORP., an Illinois corporation, JOE KEIM BUILDERS, INC., an Illinois corporation (hereinafter referred to collectively as "Owners"), and JOE KEIM LAND CORP., an Illinois corporation (hereinafter referred to as "Developer"), for all the property described in the Plat of Annexation marked Exhibit "A", attached hereto. WITNESSETH: WHEREAS, the Village is an Illinois municipal corporation; and WHEREAS, the Owners are the owners of record of the real property legally described in Exhibit "A" (said property referred to herein as the "Subject Property"), the Plat of Annexation, attached hereto and hereby incorporated and made a part of this Agreement, which is not within the corporate limits of any municipality and which constitutes the subject premises to be annexed to the Village; and WHEREAS, the Subject Property is contiguous or may become contiguous with the corporate limits of the Village; and WHEREAS, it is the intention of the parties that the annexation of the Subject Property to the Village be upon the terms and conditions of this Agreement; and WHEREAS, in accordance with 65 ILC 5/11-15.1-1 et. seq. of the Illinois Compiled Statutes and pursuant to lawful notice, the Village has placed this Agreement before the public for comment and hearing by its Corporate Authorities; and R2003074458 F:1Hss\KeimWlainfieldlannex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 WHEREAS, the Village, by its Corporate Authorities, shall consider an ordinance adopting this Agreement in the manner provided by law; and WHEREAS, the adoption and approval of this Agreement is an exercise of the powers vested in the Village by the Illinois Compiled Statutes. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements herein contained, it is hereby agreed as follows: 1. INCORPORATION OF RECITALS AND EXHIBITS The foregoing recitals are hereby incorporated into the body of this Agreement as if fully set forth and repeated herein. Any exhibit referred to in this Agreement and attached hereto shall also be considered incorporated herein by express reference. 2. ANNEXATION AND ZONING Owners agree within seven (7) days after the execution of this Agreement, to file properly executed petitions for annexing and zoning said premises, if said petitions have not already been filed. Within thirty (30) days of contiguity the Village agrees, pursuant to requisite notice having been given, and in accordance with law, to enact and adopt ordinances annexing and zoning the premises designated in Exhibit "A", attached hereto and made a part of this Agreement, to zoning classification R-1 Low Density Single -Family Residence District for the single family portion of the development ("R-1 Area") and B-3 Highway Business District for the commercial portion of the Subject Property (`B-3 Area"), with permitted and special uses allowed for such B-3 Area as listed in Exhibit "D" attached hereto. Owners and Developer agree that the Subject Property shall be developed in accordance with the ordinances of the Village, as approved or subsequently amended, and agree to follow all of the policies and procedures of the Village in connection with such development, except as modified in this Agreement and shall develop the Subject Property in accordance with the Preliminary Engineering Plan, which is marked Exhibit "B", attached hereto and made a part of this Agreement ("Preliminary Plan"). R2003074458 1':1Hss\Keim\Piainfieldlannex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 3. PARK AND LIBRARY DISTRICT ANNEXATION Upon annexation of the Subject Property to the Village, the Owner agrees to file petitions to annex the Subject Property to the Plainfield Township Park District and the Plainfield Library District. The Owners agree to annex the Subject Property to the Plainfield Township Park District and Plainfield Library District within thirty (30) days of contiguity with the Districts. 4. PARK AND SCHOOL DONATIONS The Owners and Developer agree to comply with the Village Ordinance on land/cash donations for park and school sites. 5. FIRE PROTECTION DISTRICT DONATION The Owners and Developer agree to pay $100.00 contribution per residential unit to the Fire Protection District in which the unit is located and $0.05 per square foot for commercial development. The fee will be paid at the time of building permit issuance. 6. LIBRARY IMPACT FEE The Owners and Developer agree to pay the applicable contribution per unit, as set forth in the intergovernmental agreement between the Village and the Plainfield Library District. The fee will be paid at the time of building permit issuance: 7. WATER AND SEWER SERVICE Village represents and warrants that the 81.564 acres of the Subject Property described in Exhibit "A" is currently within the FPA (Facilities Planning Area) of the Village or if not presently in the FPA, the Village will submit all required applications to include the Subject Property into the Village's FPA. All application and associated costs to amend the FPA shall be the responsibility of the Developer. 8. WATER AND SANITARY SEWER FEES Connection fees required for connection to the Village's sanitary sewer system are as established by Village Ordinance. The minimum connection fees to the Village's water supply system are as follows: S R20030714458 F:1HssKKeimWPlainfield\annex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 Water Meter Size (inches) Water Connection Fee 5/8 $2,600.00 3/4 $2,600.00 1 $3,110.00 1 Y2 $3,570.00 2 $4,030.00 3 $4,490.00 4 $4,940.00 6 $5,860.00 All sanitary sewer construction requiring an Illinois Environmental Protection Agency construction permit, upon receipt of required IEPA Sewer Permit, but before any sewer main construction, the property owner or Owners shall be required to pay the Village the total sewer connection fee for the entire area served by said permit. The population equivalent stated on the IEPA permit shall be the basis for calculating the required connection fees. Substantial sanitary sewer construction shall begin within ninety (90) days of receiving required IEPA sewer construction permits. 9. RECAPTURE FEES Upon development, Owner or Developer shall be obligated to pay any recapture fees as applicable to the annexed property for municipal water, sanitary sewers, storm water, roadways, traffic signals or improvements or any other improvements as set forth in 65 ILCS 5/9- 5-1. Village may adopt any necessary ordinances to provide for recapture to Owner for streets, water, sanitary sewer or storm sewer lines constructed by Owner, which benefit other properties by the installation and/or oversizing of said improvements. Such recapture ordinances shall only be adopted upon satisfactory demonstration by the Owners or Developer that the recapture is fair and equitable and that provision of notice of the proposed recapture fees is provided to affected property owners. The determination that a proposed recapture is fair and equitable shall be solely that of the Village. Any recapture ordinances shall be for a maximum of ten (10) years from the date of adoption of said ordinance with 4% interest payable to the Owner or Developer commencing two (2) years from the date of completion of said improvement. An administrative fee shall be charged at the rate of two percent (2%) of the total recapturable amount payable to the Village to cover administrative costs of the recapture agreement. R20030714458 F:1Hss\Keim\Plainfieldlannex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 10. ANNEXATION FEES Owners and Developer agree to pay an annexation fee to the Village of $2,500.00 per gross acre for any residential development or $4,000.00 per gross acres for any commercial development, payable at time of final plat or if no platting is necessary, prior to building permit issuance. 11. TRAFFIC IMPROVEMENT FEE The Owners and Developer agree to pay a traffic improvement fee to the Village of $500.00 per unit of residential development. 12. FORESTATION Owners and Developer will provide one (1) parkway tree for each interior lot and three (3) parkway trees for each comer lot. All parkway trees shall be a 2% inch minimum caliper measured 2%2 feet from the ground. Commercial properties require the submittal of a complete landscape plan and site plan approval. 13. ARCHITECTURAL DESIGN PROVISIONS Owners and Developer agree to provide a variety of architectural designs for residential dwelling units for the purpose of discouraging excessive similarity between units. Owners and Developer agree to establish appropriate policies and procedures to provide distinction between surrounding dwelling units for the purpose of anti -monotony as defined in Exhibit "C", including front, rear and side elevations. 14. VARIANCES Reduction of the minimum lot width below eighty-five feet (85') for lots 35 through 39, 84, 85 through 87, and 104, inclusive, in conformity with the widths thereof as established pursuant to the final plat or plats of subdivision therefor, but in no event less than eighty feet (80'). 15. MISCELLANEOUS FEES All other fees provided for by ordinance and uniformly applied and collected in connection with the development of the realty within the corporate limits of Plainfield, except as otherwise specified in this Agreement, shall be applicable to the Subject Property. Payment of all fees clue under the Village Ordinances, together with the posting of any and all letters of credit R2003014458 F:11Iss\Keim\Plainfield\annex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 and other guarantees shall be a pre -condition to the approval by the Village of any final plan, plat and site plan submitted by Owners or Developer under this Agreement. 16. AMENDMENTS This Agreement, including the attached exhibits, may be amended only with the mutual consent of the parties by a duly executed written instrument. In the case of the Village, the written instrument may only be in the form of an ordinance duly adopted in accordance with applicable laws. Modifications subsequent to this Agreement's adoption shall require a public hearing and procedures consistent with law. 17. POSITIVELY PLAINFIELD The Owner and/or Developer agree to become a member of Positively Plainfield and pay all associated costs. Initial membership shall be at the time of the first final plat and continue two years after the last final plat is recorded. If final platting is not necessary for commercial development, membership shall be for two years after site plan approval. 18. EXHIBIT C Any modifications to the Village's standard annexation agreement provisions are set forth in Exhibit "C". The Owners, Developer and Village agree that should any conflicts between Exhibit "C" and the text of this Agreement exist, the provisions of Exhibit "C" shall supersede those of the text of this Agreement. 19. DORMANT SPECIAL SERVICE AREA (SSA) Owners and Developer agree to the Village enacting a dormant Special Service Area (SSA) to act as a back-up in the event that the Homeowner's Association fails to maintain the private common areas, private detention ponds, perimeter landscaping features, and entrance signage within the Subject Property. The special service area will be completed as part of the first phase of development. 20. ENFORCEMENT This Agreement shall be enforceable by any action at law or in equity, including actions for specific performance and injunctive relief. The laws of the State of Illinois shall control the construction and enforcement of this Agreement. The parties agree that all actions instituted on this Agreement shall be commenced and heard in the Circuit Court of Will County, Illinois, and hereby waive venue in any other court of competent jurisdiction. Before any failure of any party to perform any obligation arising from this Agreement shall be deemed to constitute R20030741158 F:1Hss\KeimPPlain&eld\annex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 a breach, the party claiming the breach shall notify the defaulting party and demand performance. No breach of this Agreement shall have been found to have occurred if performance is commenced to the satisfaction of the complaining party within thirty {30) days of the receipt of such notice. 21. EFFECT OF SUCCESSORS This Agreement shall be binding upon and inure to the benefit of the Village and its successor municipal corporations and corporate authorities. This Agreement shall be binding upon and inure to the benefit of Owners and their grantees, lessees, assigns, successors and heirs. 22. CONSTRUCTION OF AGREEMENT This Agreement shall be interpreted and construed in accordance with the principles applicable to the construction of contracts. Provided, however, that the parties stipulate that they participated equally in the negotiation and drafting of this Agreement and that no ambiguity contained in this Agreement shall be construed against a particular party. 23. SEVERABILITY If any provision, covenant, agreement or portion of this Agreement orits application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provision, covenants, agreement or portions of this Agreement this Agreement are declared to be severable. 24. EFFECT OF THIS AGREEMENT The provisions of this Agreement shall supersede the provisions of any ordinances, codes, policies or regulations of the Village which may be in conflict with the provisions of this Agreement. 25. DURATION This Agreement shall remain in full force and effect for a term of twenty (20) years from the date of its execution, or for such longer period provided by law. 26. NOTICE Any notice or demand hereunder from one party to another party or to an assignee or successor in interest of either party or from an assignee or successor in interest of either party to another party, or between assignees or successors in interest, either party shall provide such R2003071445,8 F:1I-3ss1Keim\Plainfieldlannex agr 13.wpd 031902;071602;080202;091702;102802;121102;011303 06/26/02 notice or demand in writing and shall be deemed duly served if hailed by prepaid registered or certified mail addressed as follows: If to the Village: Richard A. Rock, Village President Village of Plainfied 530 W. Lockport, Suite 206 Plainfield, IL 60544 with a copy to: Terry Burghard, Village Administrator Village of Plainfield 530 W. Lockport, Suite 206 Plainfield, IL 60544 James B. Harvey, Village Attorney McKeown, Fitzgerald, Zollner, Buck, Hutchison & Ruttle 2455 Glenwood Avenue Joliet, IL 60435 If to any owner of record of any real property located with the Subject Property, and to the Developer: Joseph A. Keim, President Joe Keim Land Corp. Joe Keim Builders, Inc. 515 E. Roosevelt Road Wheaton, IL 60187 with a copy to: Henry S. Stillwell III Rathje & Woodward 300 E. Roosevelt Road P.O. Box 786 Wheaton, IL 60189 Or to such address as any party hereto or any assignee or successor in interest of a party hereto may from time to time designate by notice to the other parties hereto or their successors in interest. R2003074458 PARCEL 1 THAT PART OF THE SOUTHEAST NORTH, RANGE 9. EAST OF THE AS FOLLOWS: (COMMERCIAL PROPERTY) QUARTER OF SECTION 16, TOWNSHIP 36 THIRD PRINCIPAL MERIDIAN, DESCRIBED COMMENCING AT A POINT IN THE SOUTH LINE OF PLAZA DRIVE (ALSO KNOWN AS FORT BEGGS STREET) THAT IS 33 FEET SOUTH OF A POINT THAT IS 500 FEET WEST OF THE NORTHEAST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 16; THENCE SOUTH ALONG THE WEST LINE OF THE EAST 500 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 16 TO THE SOUTH LINE OF THE NORTH 468 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 16 FOR A POINT OF BEGINNING; THENCE SOUTH 89 DEGREES 21 MINUTES 12 SECONDS EAST, 460.12 FEET TO THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 59 PER DOCUMENT NO. 463167; THENCE SOUTH 00 DEGREES 38 MINUTES 28 SECONDS EAST ALONG THE WEST RIGHT OF WAY LINE OF SAID ILLINOIS ROUTE 59, A DISTANCE OF, 1187.62 FEET TO THE SOUTH LINE OF THE NORTH 5/8 OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE NORTH 89 DEGREES 30 MINUTES 31 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTH 5/8 OF THE SOUTHEAST QUARTER OF SAID SECTION 16 TO A POINT LYING 460.00 FEET WEST OF AND MEASURED PERPENDICULAR TO THE WEST RIGHT OF WAY LINE OF SAID ILLINOIS ROUTE 59; THENCE NORTH 00 DEGREES 38 MINUTES 28 SECONDS WEST ALONG A LINE 460.00 FEET WEST AND PARALLEL TO THE WEST RIGHT OF WAY LINE OF SAID ILLINOIS ROUTE 59 TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS. I:SDSKPROS\464216P\SURVEY\Parcel 1 (Commercial Property).doc R2003074458 F:1Hss\Keim\Plainfield\annex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 27. COUNTERPARTS This Agreement may be executed in two or more counterparts, each of which, taken together, shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first written above. VILLAGE OF PLAINFIELD, an Illinois municipal corporation B ti • +.` `t `Attest: • OWNERS:, ] L' .. 1 1;., JOE KEIM LAND CORP., an Illinois corporation resident JOE KEIM BUILDERS, INC., an Illinois corporation By: Attest: DEVELOPER: JOE KEIM LAND CARP., an Illinois corporation By: Attest: R20030714458 F:1Hss\Keim\Plainfieldlannex agr 13.wpd 06/26/02 031902;071602;080202;09!702;102802; I21102;011303 EXHIBIT "A" LEGAL DESCRIPTION I. Subject Property: II. Residential Area: III. Commercial Area: R2003014458 CONSOLIDATED DESCRIPTION PARCEL'S 1, 2 & 3 THAT PART OF LOTS 1 AND 2 OF S.R. BEGGS' SUBDIVISION OF PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT OF SAID SUBDIVISION, RECORDED JUNE 3, 1877 IN PLAT BOOK 3 (PART 2) AS DOCUMENT 105975, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF JAMES STREET AND THE WESTERLY LINE OF A TRACT OF LAND CONVEYED TO THE VILLAGE OF PLAINFIELD BY DOCUMENT R88-50147; THENCE SOUTH 16 DEGREES 30 MINUTES 12 SECONDS EAST, 881.82 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 02 SECONDS WEST, 948.72 FEET; THENCE NORTH 00 DEGREES 38 MINUTES 58 SECONDS WEST, 328.46 FEET; THENCE NORTH 57 DEGREES 27 MINUTES 42 SECONDS EAST, 424.75 FEET; THENCE NORTHEASTERLY, 239.41 FEET ALONG A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 1396.69 FEET; THENCE NORTH 47 DEGREES 38 MINUTES 25 SECONDS EAST, 208.44 FEET TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS. AND ALSO: THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 16 AND THAT PART OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF JAMES STREET AND THE EASTERLY COMMONWEALTH EDISON COMPANY RIGHT OF WAY LINE PER DOCUMENT 919039; THENCE NORTH 47 DEGREES 38 MINUTES 25 SECONDS EAST, 224.43 FEET; THENCE NORTH 49 DEGREES 40 MINUTES 00 SECONDS EAST, 406.66 FEET; THENCE NORTH 35 DEGREES 50 MINUTES 47 SECONDS EAST, 29.47 FEET TO THE SOUTH RIGHT OF WAY LINE OF PLAZA DRIVE; THENCE SOUTH 89 DEGREES 21 MINUTES 12 SECONDS EAST ALONG THE SOUTH LINE OF SAID PLAZA DRIVE, 429.62 FEET; THENCE SOUTH 00 DEGREES 38 MINUTES 48 SECONDS WEST, 774.80 FEET; THENCE SOUTH 89 DEGREES 21 MINUTES 12 SECONDS EAST, 1558.91. FEET TO A POINT LYING 460.00 FEET WEST AND MEASURED PERPENDICULAR TO THE WEST LINE OF ILLINOIS ROUTE 59 PER DOCUMENT NO. 463167; THENCE NORTH 00 DEGREES 38 MINUTES 28 SECONDS WEST ALONG A LINE 460.00 FEET WEST AND PARALLEL WITH THE WEST LINE OF SAID ILLINOIS ROUTE 59, A DISTANCE OF, 339.89 FEET TO THE SOUTH LINE OF THE NORTH 468 FEET OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE SOUTH 89 DEGREES 21 MINUTES 12 SECONDS EAST, 460.12 FEET TO THE WEST RIGHT OF WAY LINE OF ILLINOIS ROUTE 59 PER DOCUMENT NO. 463167; THENCE SOUTH 00 DEGREES 38 MINUTES 28 SECONDS EAST ALONG THE WEST RIGHT OF WAY LINE OF SAID ILLINOIS ROUTE 59, A DISTANCE OF, 1187.62 FEET TO THE SOUTH LINE OF THE NORTH 5/8 OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE NORTH 89 DEGREES 30 MINUTES 31 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTH 5/8 OF THE R2003074458 SOUTHEAST QUARTER OF SAID SECTION 16, A DISTANCE OF, 2604.97 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE NORTH 00 DEGREES 35 MINUTES 56 SECONDS WEST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 16, A DISTANCE OF, 52.34 FEET TO THE EASTERLY LINE OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY PER DOCUMENT NO. 919039; THENCE NORTH 16 DEGREES 30 MINUTES 12 SECONDS WEST ALONG SAID EASTERLY COMMONWEALTH EDISON COMPANY RIGHT OF WAY LINE, 1185.96 FEET TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS. I:SDSKPROJ\464216P\SURVEY\CONSOLIDATED DESCRIPTION.DOC R2'003074458 PARCEL 2 (RESIDENTIAL PROPERTY) THAT PART OF THE EAST HALF. OF THE SOUTHWEST QUARTER OF SECTION 16 AND THAT PART OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF JAMES STREET AND THE EASTERLY COMMONWEALTH EDISON COMPANY RIGHT OF WAY LINE PER DOCUMENT 919039; THENCE NORTH 47 DEGREES 38 MINUTES 25 SECONDS EAST, 224.43 FEET; THENCE NORTH 49 DEGREES 40 MINUTES 00 SECONDS EAST, 406.66 FEET; THENCE NORTH 35 DEGREES 50 MINUTES 47 SECONDS EAST, 29.47 FEET TO THE SOUTH RIGHT OF WAY LINE OF PLAZA DRIVE; THENCE SOUTH 89 DEGREES 21 MINUTES 12 SECONDS EAST ALONG THE SOUTH LINE OF SAID PLAZA DRIVE, 429.62 FEET; THENCE SOUTH 00 DEGREES 38 MINUTES 48 SECONDS WEST, 774.80 FEET; THENCE SOUTH 89 DEGREES 21 MINUTES 12 SECONDS EAST, 1558.91 FEET TO A POINT LYING 460.00 FEET WEST AND MEASURED PERPENDICULAR TO THE WEST LINE OF ILLINOIS ROUTE 59 PER DOCUMENT NO. 463167; THENCE SOUTH 00 DEGREES 38 MINUTES 28 SECONDS EAST ALONG A LINE 460.00 FEET WEST AND PARALLEL WITH THE WEST LINE OF SAID ILLINOIS ROUTE 59, A DISTANCE OF, 848.98 FEET TO THE SOUTH LINE OF THE NORTH 5/8 OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE NORTH 89 DEGREES 30 MINUTES 31 SECONDS WEST ALONG THE SOUTH LINE OF THE NORTH 5/8 OF THE SOUTHEAST QUARTER OF SAID SECTION 16, A DISTANCE OF, 2144.88 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 16; THENCE NORTH 00 DEGREES 35 MINUTES 56 SECONDS WEST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 16, A DISTANCE OF, 52.34 FEET TO THE EASTERLY LINE OF THE COMMONWEALTH EDISON COMPANY RIGHT OF WAY PER DOCUMENT NO. 919039; THENCE NORTH 16 DEGREES 30 MINUTES 12 SECONDS WEST ALONG SAID EASTERLY COMMONWEALTH EDISON COMPANY RIGHT OF WAY LINE, 1185.96 FEET TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS. I:SDSKPROJ\464216P\SURVEY\PARCEL 2(RESIDENTIAL PROPERTY).DOC R20030741458 PARCEL 3 (WEST OF COMMOMWEALTH EDISON RIGHT OF WAY) THAT PART OF LOTS 1 AND 2 OF S.R. BEGGS' SUBDIVISION OF PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 16, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT OF SAID SUBDIVISION, RECORDED JUNE 3, 1877 IN PLAT BOOK 3 (PART 2) AS DOCUMENT 105975, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF JAMES STREET AND THE WESTERLY LINE OF A TRACT OF LAND CONVEYED TO THE VILLAGE OF PLAINFIELD BY DOCUMENT R88-50147; THENCE SOUTH 16 DEGREES 30 MINUTES 12 SECONDS EAST, 881.82 FEET; THENCE NORTH 89 DEGREES 50 MINUTES 02 SECONDS WEST, 948.72 FEET; THENCE NORTH 00 DEGREES 38 MINUTES 58 SECONDS WEST, 328.46 FEET; THENCE NORTH 57 DEGREES 27 MINUTES 42 SECONDS EAST, 424.75 FEET; THENCE NORTHEASTERLY, 239.41 FEET ALONG A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 1396.69 FEET; THENCE NORTH 47 DEGREES 38 MINUTES 25 SECONDS EAST, 208.44 FEET TO THE POINT OF BEGINNING, IN WILL COUNTY, ILLINOIS. E:SDSKPROJ\4642169\SURVEY\PARCEL 3 (WEST OF COMMED) .BOC R2003074458 PO/NT OF BEG/NN/NG PARCEL 1 PO/NT OF 9EG/NN% G PARCEL 2 N 47'38'25" E 208.44' N 57'27'42" E 424.75' JP wcAm 79 R'�iL-y9 HEREBY ANNEXED TO THE VILLAGE OF PLAINFIELD PARCEL 2 N 89'50'02" W 948.72' PLAT OF ANNEXATION TO THE VILLAGE OF PLAINFIELD N 35'50'4/" 29.47' .,-L96: O NO�9, BEING A PART OF THE SOUTH HALF OF SECTION 16, TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN. WILL COUNTY, ILLINOIS. S 89'21'12' ELI PLAZA IER PARCEL INDEX NUMBER 03-16-301-055 03-16-301-052 03-16-400-011 SHEET 1 OF 1 200 100 SCALE: 1 -200 _DRIVE fN_LI--_- SE. 1/4 OF SEC, 1.6_x_9 cm 3 S. sr". El/• OTMFES c.41oa ee-s OF PHE 5 89'24'12" E CO ti s%%/%),(' 89 HEREBY ANNEXED TO THE VILLAGE OF PLAINFIELD PARCEL 1 / / J OF THE N. 5/. o< THE u. 4 of scc. Isere-9 M604.96''////%/� % SBBDMSMN `N1 00'35'56' W 52.34' RWTE 59 PER DOCUMENT N0. 443157 it) J PARCEL 2 THAT PART OF LOTS I AND 2 OF S.R. BEGGS' SUBDIVISION OF PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 16. TOWNSHIP 36 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL mEPIDIAN ACCORDING TO THE PLAT OF RECORDED JUNE 3. 18,7 IN PLAT BOOK 2 OK 3 P T 1 AS DOCOMEDI TO THE VILLAGE OF PLAINFIELD BY OOCOMENT'R08-50147. THENCE SOUTH 16 DEGREES 30 MINUTES r2 SECONDS EAST. 8E11.82 FEET: THENCE NORTH 89 DEGREES 50 MrNUTES 02 SECONDS WEST, 948,72 FEET; THENCE NORTH 00 DEGREES 38 mmoTES 50 SEcoNOS WEST. 328.46 FEET; THENCE NORTH 57 DEGREES 27 MINUTES 42 SECONDS EAST. 424.75 FEET: THENCE NORTHEASTERLQ, 239.4. FEET ALONG A CURVE GONCAvE TO THE NORTHWEST, HAVING A RADIUS OF 1396.69 FEET: THENCE NORTH 47 DEGREES 3B MINUTES 25 SECONDS EAST, 208.44 FEET TO THE POINT OF BEGINNING. IN 105975. DESCRIBED AS FOLLOWS: ANDALSO N PARCEL38 MINUTES 25 ILLINOIS. THAT PART OF THE EAST HALF OF THE SOUTHWEST °DARTER OF SECTION 16 AND THAT PART OF THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 36 NORTH. RANGE 9 EAST OF THE THIRD BEGINNING AT THE INTERSECTION OF THE CENTERLINE OF JAMES STREET AND THE EASTERLY COMMONWEALTH EDISON COMPANY RIGHT OF WAY LINE PER WEIM,NT 919039: THENCE NORTH 47 DEGREES DS EAST. 224.43 FEET. THENCE NORTH 49 DEGREES 40 00 SECONDS EAST, 406.66 FEET: THENCE NORTH 35 DEGREES 50 MINUTES 47 SECONDS EAST. 29,47 FEET TO OF SAIO PLAZA DRIVE, 29.62 FEET; THENCE SOUTH 00 DEGREES 38 AUNDTES a SECONDS AWEST, 9 DEGREES 21 MINUTES 12 SECONDS EAST. 1558.91 FEET TO A THE WEST E 60.00 FEET WEST AND mEASuREO OF I CUMENTxN Lars TO463167: THENCE NORTH GO DEGREES 38 MINUTES 20 SECONDS WEST AREA SUMMARY PARCEL I 80.038 As. PARCEL 2 10.526 As. GROSS 91.564 Ac. More or Less 200 LEGEND �/%// 1s"�r4 Lr".1 .s rL41rvF IEL9 2EC,T...QN CORNER OR QUARTER SEcTiON QUARTER OF SAID SECTION 1G; THENCE SOUTH 89 DEGREES 21 MINUTES 42 SECONDS EAST, 460.12 FEE/ TO HE W E WAY LINE OF ILLINOIS ROUTE 59 PER DOCUMENT NO. 463167: THENCE SOUTH 00 DEGREES 38 MINUTES 2EI SECONDS EASI THE WEST RIGHT OF WAY LINE OF SAID G15 ROUTE 59. A DISTANCE OF. 1187.62 FEET TO THE SOUTH IN, OF THE NORTH 5/8 OF THE SOUTHEAST OU:=R OF SAID SECTION IG:0THENCE SAID SECTION ID, A DISTANCE OF, 2604 97 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 16. A DISTANCE OF. 52.34 FEET TO THE EASTERLY LINE OF THE CONWONWEALTH EDISON COMPANY RIGHT OF WAY PER DOCUMENT NO. 919039; THENCE NORTH 16 DEGREES 30 MINUTES 12 SECONDS WEST ALONG SAID EASTERLY TH EDISON COMPANY GHT OF WAY LINE, 1185.96 FEET TO THE POINT OF BEGINNING, IN WILL COUNTY. ILLINOIS. NOTES rN FLsr ANn SURVFYOR'S CFR TIFICATC STATE of ILLINOIS, COUNTY of DU PAGE, ss. VILLAGE BOARD OF TRUSTFFS STATE of ILLINOIS' APPROVED DY THE BOARD OF TRUSTEES OF THE VILLAGE OF PLAINFIELD. WILL COUNTY, Ili.1,,1,14011; THIS DAY OF VILLAGE PRESIDENT VILLAGE CLERK W11 L COUNTY RECORDER'S CERTIFICATF MARY ANN STUKEL 50P Will County Recorder Will County R 2003074458 Page 18 of 50 KLH Date 03/31/2003 Time 13:26:11 64.00 Recording Fees: 0055860- HY: THE PURPOSE OF ANNEXATION TO THE VILLAGE OF PLAINFrELD, AND THAT THIS PLAT OF ANNEXATION ACCURATELY DEPICTS SAID GIVEN UNDER MY HAND AND SEAL THIS I7TH DAY CR FEBRUARY, A.0.. 2003. STATE OF ILLINOIS, COUNTY OF WILLITHE DAY OF A . 20 AT O'CLOCK 65. THIS INSTRUMENT WAS FILED FOR RECORD in THE RECORDER • S OFF I cE OF WILL COUNTY. ILLINOIS. ON AND WAS RECORDED IN BOON OF PLATS ON PAGE COUNTY RECORDER lcs)' CEMCON, Ltd. nog °F M,, R ti PteIRs OAD FIE'➢. ILLINOIS 60190 y (530) 65.-1030 DISC NO. 64216P FILE NAME DWG DRAWN BY ,CSI FLO. UK. / PG. 00,NO.: N/A COMPLE,ON DATE : 2-17-03 JOB N0. : 464.216 R2003014458 F:'JIss\Keim\Plainfield\annex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 EXHIBIT "B" PRELIMINARY PLAN LOCATION MAP PRELIMINARY PLAT AND PRELIMINARY ENGINEERING PLAN FRONT ELEVATION -�I FO UNDATION FLAN ILA N• LEGEND TAILJi Na PROPOIKO OKEC RIPTIOK • • • • 171 4.40 y FOR _.._ SHADOW WOOD SUBDIVISION •ILL C OUNTY DARN 99 '` oourn �iuiicuuunAL ilrur JI � UwxUiwv PLAINFIELD N -I 04 .1pGS MEET MINOR STREET 01,1 u ma „N ;nINo„ -,y ]JACK LEEN_ PROPOSED KEY LOTS - 11. 23, 44. 47, 55, 70, 76, 54, 92, 113 & 117. 5TORMWATER; MANAGEMENT, au WILDT E i 1 JAEI' ST IAIM A NUM, ^� Im WNDMILL BLVD. : uNF1LLo N•1 �.... .... . = am.n... COMME RCIAL Plot I,4 Lon4,0065 e oRb b erm TYPICAL BERM PLANTINNG of maximum El sl op e FORT BEGGS STREET M JAMETl STREET TIVarEr f wern A 7C 7O 3 p m � 1 C7 m a w m z 7 0 —1 S Z o m — N 11 1J tJ1 .- —I 0 C.) m ! O m •- c I— N •- 3 19 r. 19 11 .4 CO 0 C A 0 1 W 1 a CO 0. s m u m - OA -. �f1 e 5 m , ro NOTE, ALL PROPOSED ON -SITE SANITARY SEWER AND W ATERMAIN TO BE 8' DIAMETER. t a. zM CUL-DE-SAC STREET INral 1 R2003074458 (b) F:1HsslKeim\Plainfield\annex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 EXHIBIT "C" SHADOW WOOD C-1. PARK AND SCHOOL DONATIONS. (a) Park Donation: Pursuant to the Village's ordinances regarding park land donations, the required land donation for park purposes for the Subject Property is 3.817 acres. Developer agrees to convey to the Park District and the Village agrees to acknowledge that the approximately 11.53 acres park site within the development as shown on Exhibit "B" ("Park Site"), fully satisfies the Village's park donation requirements for the Subject Property. Owner shall convey the Park Site to the Park District after inspection by and the approval of the site by the Park District, which approval shall not be unreasonably withheld. School Donation: Owner and Plainfield Community Consolidated School District 202 ("School District") have heretofore entered into that certain Real Estate Sale Agreement dated November 6, 2001 ("School Site Agreement") pursuant to which Owner has heretofore conveyed to the School District the approximately 10.00 acre school site parcel identified on Exhibit "B" ("School Site"). The School Site Agreement provides that 3.712 acres of the School Site is Contributed Land to satisfy land donations for the Subject Property based upon the assumption of the approval and platting of 128 single family dwelling units on the Subject Property. The Village acknowledges that the prior conveyance of the School Site by Owner to the School District fully satisfies the Village's school donation requirements and any reconciliation between Purchased Land and Contributed Land, as defined in the School Site Agreement, shall be effectuated between Owner and the School District pursuant to the terms of the School Site Agreement. C-2. WATER, SANITARY SEWER, STORM WATER AND STREETS. (a) Sanitary Sewer Facilities: The Village agrees to cooperate with Developer in obtaining such permits as may be required from time to time by both federal and state law, including (without limitation) the Illinois Environmental Protection Act, permitting the connection on to the sanitary lines of the Village in order to develop and use the Subject Property. In addition, the Village will accept dedication of all sanitary sewer mains located within the Corporate limits of the Village and constructed by Developer in substantial conformity with the Preliminary Plan for the development of the Subject Property pursuant to applicable provisions of the Subdivision Regulations and any other applicable R20030714458 F:1Hss\Keim\Plainfield\annex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 codes and ordinances of the Village. Location and size of sanitary sewer lines to be installed by Developer shall be in substantial conformity with the Preliminary Plan, subject to final engineering considerations. (b) Water Facilities: The Village warrants to Developer that the water distribution system of the Village is of sufficient capacity to service the Subject Property with potable water for domestic water consumption and fire flow protection, if the Subject Property is developed in accordance with this Agreement. The Village further agrees, following acceptance of the public improvements constructed within the Subject Property, to maintain said water distribution system to the Subject Property during the term of this Agreement, or any extension thereof. The Village further agrees to cooperate with Developer in obtaining such permits as may be necessary from time to time by both federal and state law, including, without limitation, the Illinois Environmental Protection Act, to permit the Subject Property to be served with potable water and fire flow protection. In addition, the Village will accept dedication of, and thereafter maintain, all primary water lines constructed by Developer in substantial conformity with the Preliminary Plan for the development of the Subject Property pursuant to applicable provisions of the Subdivision Regulations and other applicable codes and ordinances of the Village. Location and size of the water lines to be installed by Developer shall be in substantial conformity with the Preliminary Plan. (c) Storm Sewer Facilities: (i) Developer shall provide for storm drainage of the Subject Property, as contemplated on the Preliminary Plan and as approved by the Village Engineer, in the following manner: (aa) Installation of underground sewers within that part of the Subject Property to be developed and improved with buildings, structures, streets, driveways, and other locations as identified thereon; (bb) Installation of graded, open swales or ditches and storm water detention areas as depicted on the Preliminary Plan within that part of the Subject Property designated on the Preliminary Plan for such purpose. (ii) Developer's Engineer shall determine any sizing and related specifications for the storm sewer, detention areas, swales, and ditches as may be necessary to supplement the Preliminary Plan, subject to approval of the Village Engineer and pursuant to statutory and ordinance requirements. R2003074458 F:1Fiss\Keim\Plainfieldlannex agr 13.wpd 031902;071602;080202;091702;102802;121102;011303 06/26/02 (d) Sidewalks and Street Related Improvements: Developer shall cause the curb, gutter, street pavement, street lights, public sidewalks, and parkway trees to be installed upon the Subject Property in substantial conformity with the Preliminary Plan for the Subject Property as modified by the final engineering plans hereafter approved by the Village, and the applicable provisions of the Subdivision Regulations of the Village. The width of the right-of-way for the public streets constructed within the Subject Property shall be sixty-six (66) feet and the pavement width shall be twenty-eight (28) feet back-to-back of curb, unless otherwise provided on the Preliminary Plan. Notwithstanding anything contained herein or in any Village ordinance, rule or regulation to the contrary, all public sidewalks and parkway trees to be constructed or installed upon the Subject Property shall be installed and completed from time to time on an individual build out basis for each lot and occupiable structure constructed thereon, and need not be installed or completed at one and the same time by Developer. The Village understands and agrees that the builder of a residential dwelling unit shall be responsible for, at such builder's expense, the installation and completion of the public sidewalks and parkway trees to be installed upon the lots affected thereby. The foregoing notwithstanding, Developer agrees to cause all public sidewalks and parkway trees for each phase of development to be fully installed within three (3) years following the recordation of the final plat for each phase of development. Nothing contained in this paragraph shall be construed to release Developer of its obligation to cause said public sidewalks and parkway trees to be completed in a timely manner as provided herein. The width of such public sidewalks shall be five (5) feet. As a part of the subdivision improvements, Developer shall (i) construct a five (5) feet wide public sidewalk within the westerly portion of the right-of-way for Illinois Route 59 adjacent to the Subject Property and (ii) construct a ten (10) feet wide bike path within the southerly portion of the right- of-way for Fort Beggs Road adjacent to the Subject Property to a point of connection with the existing bike path located along the east side of James Street/River Road (including repair or replacemnet of any portion of said existing bike path damaged or destroyed due to the widening of James Street/River Road by Developer). Construction of said public sidewalk within the adjacent right-of- way for Route 59 shall be subject to IDOT approval and shall be completed along the entire frontage of the Commercial Area facing Route 59 at the time that the first lot within the Commercial Area is developed. In addition thereto, in the event IDOT approves the installation and operation of a traffic signal at the intersection of the Commercial Area full access and Route 59, Developer shall contribute up to fifty percent (50%) of the cost thereof. Except as provided in this Agreement, Developer and Owner shall have no responsibility to construct any other offsite public sidewalks nor improve, or contribute toward the improvement, of any public road located adjacent to or otherwise offsite of the Subject Property. R2003014458 F:1Hss\Keim\Plainfield\annex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 (e) (f) Offsite Facilities: The Village agrees to accept the offsite sanitary sewer, water line and easements necessary to server the Subject Property after construction, inspection, and approval of said lines. The Village agrees to assist Developer, at Developer's cost, in acquiring any necessary easements to construct water and sewer lines to the Subject Property. Tap -On Fees: Water and sanitary sewer tap -on fees are subject to any lawfully enacted fee increases provided the same are uniformly applied throughout the Village. C-3. RECAPTURE FEES. The Village hereby represents that there are currently no recapture fees that the Subject Property will be liable for other than the sanitary sewer recapture fee in the total amount of $125,567.05, which amount shall be paid to the Village prior to approval by the Village of the initial final plat for the Subject Property. Developer shall be owed recapture fees for any offsite sanitary sewer and water line installed to serve the Subject Property, as well as any oversizing costs which oversizing and offsite sewer and water benefit other properties, subject to approval by the Village, which approval shall not be unreasonably withheld. The Village shall, at Developer's request, take such actions and execute such documents as shall be reasonably necessary and appropriate to effectuate said recapture rights in favor of Developer. C-4. PLAT APPROVAL. (a) Plats: Notwithstanding the provisions of the Village's ordinances and in order to accomplish the reclassification of the Subject Property to R-1 Low Density Single Family Residence District, for one hundred twenty (120) single family detached homes, and B-3 Highway Business District for approximately 12.55 acres of commercial development as shown on Exhibit "B", the Village approves such exhibit and the same shall constitute and satisfy all of the requirements for the Preliminary Subdivision Plat for the development as defined in the ordinances of the Village. Such approval shall survive the duration limitation of applicable ordinances of the Village and shall be in effect for a period of two (2) years or until approval of a final plat and subdivision plat for each phase or unit of development in accordance with the provisions of the ordinances of the Village, whichever shall first occur. (b) Development Phasing: All areas of the Subject Property may be final platted and developed in phases as from time to time established by Developer or the then R2003O14458 F:1Hss\Keim\Plainfieldtannex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;0I 1303 owner of such area "phase of development" or "development phase". All phases of development shall be carried out in a manner to provide reasonable access to and service from public utilities and storm water retention/detention facilities as contemplated under the provisions of this Agreement and in conformance with applicable ordinances of the Village. The parties further agree that such final plats may be presented to the Village for its approval in stages or phases of development, as determined by the Developer, and approval of such plats shall be in accordance with the Village's development procedures. C-5. MODEL HOMES. During the development and build out period of the Subject Property, Developer, and such other persons or entities as Developer may authorize, may construct, operate and maintain model homes within the Subject Property staffed with Developer's, or such other person's or entity's, sales and construction staff, and may be utilized for sales and construction offices. The number of such model homes shall not at any given time exceed six, and the locations thereof shall be as from time to time determined or authorized by Developer. One double faced model home, sales and/or construction office sign with a sign face on each side not to exceed twenty- four (24) square feet, and not exceeding seven (7) feet in height, shall be permitted for each model home. Two additional signs not exceeding eight (8) square feet of sign face on each side, and not exceeding a height of four (4) feet shall be permitted for each model home for parking and directional purposes. All of said signs shall be located upon private property and not within the public right-of-way. No off-street parking shall be required for any model home other than the driveway for such model home capable of parking two (2) cars outside of the adjacent road right-of-way, provided, however, that if more than two model homes are constructed and operated at the same time Developer shall provide for additional off-street parking for such model homes in addition to driveway parking pursuant to a parking plan to be submitted by Developer to, and reviewed and approved by, the Village Planning Staff. Any such off-street parking facility utilized by Developer shall be installed with a surface of at least one (1) inch of binder asphalt. Building permits for model homes shall be issued by the Village upon proper application therefor prior to the installation of public improvements, provided (i) a gravel roadway to and adjacent to such model homes lots has been installed, (ii) Developer has deposited with the Village the applicable security instruments guaranteeing installation of the public improvements for the applicable final plat of subdivision, and (iii) that there shall be no residential occupation of any such model homes until all public utilities are installed and operational and the appropriate occupancy certificate is issued therefor. The binder course of asphalt shall not be installed on said gravel roadway serving such model homes until approved by the Village Engineer, which approval shall not be unreasonably withheld. Developer may locate temporary sales and construction trailers upon the Subject Property during the development and build out of said project, provided any such sales and construction trailer shall be removed within two (2) weeks following issuance of the final occupancy permit for the Subject Property. R2003.074458 F:1HsslKeim\Plainfield\annex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 C-6. CONTRACTORS TRAILERS. The Village agrees that from and after the date of execution of this Agreement and following commencement of development of the Subject Property, subcontractor's supply storage trailers may be placed upon such part or parts of the Subject Property as required and approved by Developer for development purposes. Said trailers may remain upon the Subject Property until the binder course for all of the interior streets to be constructed within the Subject Property is installed and approved by the City Engineer. C-7. INTERIM USES. The interim uses set forth below shall be permitted anywhere on the Subject Property during the term of this Agreement, subject to a restoration bond having been deposited by Developer with the Village, when applicable: (a) All types of farming; (b) Borrow pits; (c) Parking lots; (d) Stockpiling of dirt, also removal and or sale of dirt, clay, gravel or other construction materials; and (e) Temporary detention. C-8. ZONING MODIFICATIONS. The parties agree that all modifications, deviations or variations to the Village's ordinances, if any, necessary to develop the Subject Property according to the Preliminary Plan are hereby granted and approved by the Village. Those modifications are as follows: (a) Reduction of the minimum lot width below eighty-five feet (85') for lots 35 through 39, 84, 85 through 87, and 104, inclusive, in conformitywith the widths thereof as established pursuant to the final plat or plats of subdivision therefor, but in no event less than eighty feet (80'), C-9. DECLARATION OF COVENANTS. (a) Effectuation of Declaration: Developers shall, at its expense, cause to be prepared and recorded against the residential portion of the Subject Property concurrent with each final plat therefor, a declaration of covenants, easements and restrictions ("Declaration"), which shall constitute a covenant running with the land and shall be binding upon all future owners of the residential dwelling units constructed a �o R20030714458 F:IHss\Keim\Plainfield\annex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 thereon. A copy of the proposed Declaration shall be submitted to the Village Attorney for review and comment prior to recordation of the final plat. (b) Homeowners' Association: To provide for the funding and implementation of the care and maintenance of common facilities located with the Subject Property, including without limitation, the storm water retention/detention facilities, entry signage and landscaping, Developer shall establish the Homeowners' Association, as defined in Paragraph 16 of this Agreement, obligating the owners of all of the residential lots within the Subject Property to participate in the care and maintenance of such common facilities. (c) Anti -Monotony Standards: The Declaration shall include covenants which impose on all of the residential lots within the Subject Property an anti -monotony standard which prohibits the construction of the same front building elevation on lots next to, across, or catty -comer from one another. In addition thereto, the suggestions for street frontage and building massing, along with the architectural treatment for key lots and through lots, all as set forth in the Village's design guidelines attached to this Agreement as Exhibit "G" ("Village Design Guidelines") shall be utilized in designing dwelling units on key and through lots within the Subject Property. (d) Staff Review: Developer shall submit a draft of the Declaration to the Village for Village staff review and comments prior to Village approval of the first final plat for the Subject Property. C-10. ENTRY FEATURES AND SUBDIVISION LANDSCAPING. The Village agrees to allow Developer to construct entry features at the entrances to the Subject Property. Said entry features shall be subject to review and approval by the Village Planning Staff, which approval shall not be unreasonably withheld. Such entry features may, at Developer's election, include permanent subdivision identification monument signs which conform in size, design, materials and locations as provided on the Preliminary Nan. A permanent subdivision identification monument sign may only be located at the Fort Beggs Street entrance, shall not exceed twenty (20) square feet of sign face per side, with a maximum of two (2) sides, and shall be located upon private property and not within the public right-of-way. Said entry features and sign shall be owned and maintained by the Homeowners Association. C-11. BUILDING AND OCCUPANCY PERMITS. The Village agrees to issue building and occupancy permits for homes within the subdivision within a reasonable time after proper application has been made to the Village. In D 7 R2O03074458 F:1Hss\Keim\Plainfieldlannex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 the event certain improvements, such as final grading, landscaping, sidewalks or driveways, cannot be completed due to weather conditions, the Village agrees to issue temporary occupancy permits in order to allow the Developer the ability to complete any such improvements following the issuance of such temporary occupancy permit when weather allows, subject to Developer depositing a cash bond with the Village in the amount of such incomplete improvements to secure the timely completion thereof. No occupancy permit may be issued until the asphalt binder course and operating street lights are installed on the street serving the dwelling unit for which such occupancy permit is requested. C-12. PRELIMINARY GRADING AND PREPARATION OF THE SUBJECT PROPERTY FOR DEVELOPMENT. Prior to final plat and final engineering approval, Developer may obtain from the Village, and the Village shall issue, a site development permit for the site grading, including retention/detention construction, filling, excavation and soil stockpiling, to be performed within the Subject Property or any phase of development therein. Such site grading shall be in conformity with the Preliminary Plan and a soil erosion plan submitted by Developer and approved by the Village Engineer, and any changes or adjustments to the requirements for such grading resulting from the review and approval of the final engineering plan for the Subject Property shall be promptly performed by Developer, at Developer's expense. Prior to commencing such site grading for any phase of development, Developers shall deposit with the Village a restoration bond or other form of security in a reasonable amount to secure completion or correction of such work. In addition thereto, upon the Village's approval of a final plat of subdivision for a phase of development Developer may proceed with the installation of the underground public improvements for such development phase in accordance with the final engineering plans approved by the Village Engineer for such phase of development, provided any changes or alterations thereafter required thereto as a result of ]EPA construction permit review shall be promptly completed by Developer, at Developer's expense, and further provided, that the water and sanitary sewer improvements shall not be connected to active lines until the Illinois Environmental Protection Agency has duly issued the appropriate construction and connection permits. Developer shall be responsible for maintaining compliance with all IEPA requirements for the Subject Property. In any event, the storm water sewer and detention facilities for the applicable phase of development within the Subject Property shall be substantially completed, excluding landscaping, and operational prior to the issuance of the first occupancy permit for such phase of development. C-13. SIGNAGE. During the development and build -out of the Subject Property Developer may install and maintain (i) one (1) non -illuminated double-faced ten (10) foot by twelve (12) foot temporary marketing sign not greater than fifteen (15) feet in height adjacent to Fort Beggs Road, (ii) one R20030714458 (b) F:IHss\Keim\Plainfield\annex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 temporary marketing sign (for sale or lease of the Subject Property only), double-faced ten (10) foot by twelve (12) foot adjacent to Illinois Route 59, and (iii) information and directional signage in the model areas in conformity with the provisions of this Agreement. All such signs adjacent to Illinois Route 59 pertaining to the B-3 zoned area shall be removed by Developer within two (2) weeks following the termination of Developer's sales and marketing program for the B-3 area of the Subject Property. All such signs pertaining to residential sales shall be removed by Developer within twenty-four (24) months following the recordation of the final plat for the last phase of the residential portion of the Subject Property. All other signage installed and maintained on the Subject Property shall comply with the Village's Sign Code. C-14. EFFECT OF THIS AGREEMENT. If any pertinent existing resolutions or ordinances, or interpretations thereof, of the Village be in any way inconsistent or in conflict with any provisions hereof, then the provisions of this Agreement shall supersede the terms of said inconsistent ordinances or resolutions or interpretations thereof as they may relate to the Subject Property. If Owner and/or Developer sells or conveys all or any portion of the Subject Property during the term of this Agreement, all of the Owner's and/or Developer's obligations specified in this Agreement shall devolve upon and be assumed by such purchaser, grantee, or successor in interest, and the Owner and/or Developer shall be released from such obligations, provided the following conditions have been met: (a) No sale or conveyance shall be effective to release either the Owner and/or Developer from the obligations imposed by this Agreement until the purchaser or grantee has posted substitute security, as reasonably determined by the Village, to replace that posted by Owner and/or Developer under this Agreement; and such purchaser is not the purchaser of a single family dwelling unit for the purpose of owner occupancy which shall not be subject to the provisions of this Paragraph. C-15. AMENDMENTS TO ORDINANCES. The Subject Property and its development will be subject to all ordinances, regulations, and codes of the Village in existence on and after the date of this Agreement, provided, however, that the application of any such ordinance, regulation or code shall not result in a reduction in the number of detached single family dwelling units herein provided for the Subject Property. R2003074458 F:1Hss\Keim\Plainfieldlannex agr-13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 C-16. CONTRIBUTIONS. Owner and Developer shall not be required to donate any land or money to the Village, or any other governmental body, excepting (i) fees and charges assessed by other governmental bodies over which the Village has no jurisdiction or control, and (ii) as otherwise expressly provided in this Agreement. C-17. OVERSIZING OF IMPROVEMENTS. No oversizing of on -site, or off -site improvements shall be required for the development of the Subject Property other than the oversizing of the eight inch water main to twelve inches as identified on the Preliminary Plan. The Village shall effectuate any proposed recapture agreement prepared by Owners and Developer to recover such oversizing costs from benefitted property owners within a reasonable period of time. C-18. LIMITATIONS. In no event, including, without limitation, the exercise of the authority granted by applicable statute, shall the Village require that any part of the Subject Property be designated for public purposes, except as otherwise provided in this Agreement. C-19. DEVELOPMENT STANDARDS FOR B-3 AREA. In developing each of the lots from time to time established within the portion of the B-3 Area of the Subject Property Owners and Developer, and their successor grantees, shall make every reasonable effort to develop these lots in a manner that is generally consistent with the "Development Guidelines" as outlined in Exhibit "E" attached hereto ("B-3 Development Guidelines"). The B-3 Development Guidelines shall not be used in an inflexible manner, however, every reasonable effort shall be made by Owners and Developer, and their successor grantees to insure that various phases of the development incorporate a number of common architectural and landscaping elements wherever possible. C-20. IMPROVEMENTS TO ADJACENT STREETS. The development of the Subject Property shall include the improvements to those portions of public streets adjacent to the Subject Property as provided in Exhibit "F" attached hereto ("Adjacent Street Improvement Schedule"). The scope of improvements and construction schedule for said improvements shall be as set forth in Exhibit "F". R2003074.458 F:1Hss\Keimll'lainfieldlannex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 C-21. TRAFFIC CALMING DEVICES. Pursuant to the request and direction of the Village, Developer has incorporated certain traffic calming devices into the proposed internal street system for the development of the Subject Property as identified on the Preliminary Plan attached hereto as Exhibit "B", including traffic tables at two intersections on Keim Drive and Robert Lewis Drive (as such streets may be renamed prior to final plat recordation) ("Traffic Calming Devices"). Developer shall construct the Traffic Calming Devices within the publicly dedicated street right-of-way in conformance with the design specifications approved by the Village as a part of the review and approval of final engineering plans. The Village shall assume all responsibility and liability with respect to the Traffic Calming Devices immediately following their construction by Developer as aforesaid and shall indemnify, defend (at Developer's election) and hold harmless Developer and its shareholders, officers, directors, employees, engineers, consultants and contractors (collectively "Indemnitees") from all claims, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, incurred by or brought against all or any of the Indemnitees as a direct or indirect result of the construction and use of the Traffic Calming Devices. C-22. MINOR CHANGES IN DEVELOPMENT. Minor variations or deviations from the Preliminary Plan may be incorporated into the final plat or plats and engineering plans for such development in order to solve engineering layout and design problems not reasonably foreseen at the time of approval of the Preliminary Plan, including street and lot changes, as long as the lots conform to applicable provisions of the Village Zoning Ordinance, as varied by this Agreement, and are first reviewed and approved by the Village Planning Staff. The Village shall enact such resolutions and ordinances as may be necessary to accommodate such changes in order to comply with the spirit and intent of this Agreement. C-23. AMENDMENT. This Agreement, and any Exhibits or attachments hereto, may be amended from time to time in writing with the consent of the parties, pursuant to applicable provisions of the Plainfield Village Code and Illinois Compiled Statutes. This Agreement may be amended by the Village and the owner of record of a portion for the Subject Property as to provisions applying exclusively thereto, without the consent of the owners of other portions of the Subject Property not effected by such amendment. 51 R2003074458 F:IHss\Keim1Plainfieldlannex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 C-24. CONVEYANCES. Nothing contained in this Agreement shall be construed to restrict or limit the right of the Owner or Developer to sell or convey all or any portion of the Subject Property, whether improved or unimproved. C-25. NECESSARY ORDINANCES AND RESOLUTIONS. The Village shall pass all ordinances and resolutions necessary to permit the Owner, Developer, and their successors or assigns, to develop the Subject Property in accordance with the provisions of this Agreement, provided said ordinances or resolutions are not contrary to law. R2003014458 F:1Hss\Keim\Plainfield\annex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 EXHIBIT "D" USES WITHIN THE PORTION OF THE SUBJECT PROPERTY ZONED B-3 A. Permitted Uses: (1) Animal hospitals, not including boarding kennels. (2) Antique shops. (3) Art shops, galleries, or auction rooms. (4) Auto parts and auto accessories stores. (5) Intentionally omitted. (6) Bicycle sales, rental, and repair stores. (7) Blueprinting and photostating establishments. (8) Book and stationery stores. (9) Business machine stores, sales and service. (10) Camera and photographic supply stores, photography studios, including developing of film and pictures when conducted as part of the retail business on the premises. (11) Carpet and rug stores, retail sales only. (12) Catering establishments. (13) China and glassware stores. (14) Clinics —Medical, dental and physical rehabilitation. (15) Clothing sales and costume rental stores. (16) Coin stores. (17) Custom clothing and dressmaking establishments. (18) Dairy product establishments, but not including processing or bottling. (19) Department stores and discount stores. (20) Drinking establishments/cocktail lounges and taverns. (21) Dry cleaning, using nonflammable nonexplosive fluids not to exceed four thousand (4,000) square feet. (22) Dry goods stores. (23) Eating establishments and restaurants. (24) Electrical appliance stores including radio and television sales, and repair. (25) Employment agencies. (26) Florist shop. (27) Frozen food stores, including locker rental in conjunction therewith. (28) Furniture stores, including upholstering when conducted as part of the retail operations and secondary to the principal use. (29) Furrier shops, including the incidental storage and conditioning of furs. (30) Garden supply, tool, and seed stores. R2003014458 F:1Hss\Keim\Plainfield\annex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 (31) General retail. (32) General business offices. (33) Grocery store, supermarkets. (34) Gun shops. (35) Hardware store. (36) Hearing aid stores. (37) Hobby and craft shops. (38) Household appliance stores. (39) Interior decorating shops, including making of draperies, slipcovers, and other similar articles, when conducted as a part of the retail operations and secondary to the principal use. (40) Jewelry stores, including watch repair. (41) Leather goods and luggage stores. (42) Locksmith shops. (43) Mail order, catalog store. (44) Musical instrument sales and repair and lessons. (45) Office supply store. (46) Optician —Sales, retail. (47) Paint, glass, and wallpaper stores. (48) Pet shops. (49) Phonograph record and sheet music stores. (50) Picture framing, when conducted for retail trade on the premises only. (51) Repair, rental, servicing of any article the sale of which is a permitted use in the district. (52) Restaurant without drive -up or drive -through service. (53) Schools —Music and dance. (54) Secondhand stores and rummage shops. (55) Sewing machine sales and service. (56) Shoe stores. (57) Sporting goods stores. (58) Tailor shops. (59) Theaters, indoor. (60) Ticket agencies. (61) Tobacco shops. (62) Toy shops. (63) Travel bureaus and transportation ticket offices. (64) Undertaking establishments and funeral parlors. (65) Up to three (3) uses incorporating drive-in or drive -through facilities. (66) Video stores. R20030-14458 F:1Hss11Ceim\Plainfield\annex agr 13.wpd 06/26/02 031902;071602;060202;091702;102802;121102;011303 (67) Other uses which are of the same general character as the above permitted uses, as recommended by the zoning administrator, and as approved by the village board, but specifically prohibiting those uses which are first permitted in the B4 District. B. Special Uses: (1) Amusement establishments including, but not limited to: bowling alleys, billiard halls, dance halls, skating rinks. (2) Automobile fuel stations, car washes, and service bays used in conjunction with an automobile fuel station, not including towing operations or auto body painting and repair. (3) Automobile service facilities. (4) Day care centers and nursery schools. (5) Hotels and motels. (6) Gymnasiums and reducing salons. (7) Museum and exhibition center. (8) Planned unit developments. (9) Public and private utility facilities. (10) Radio and television stations and studios. (11) Restaurants including drive-in or drive -through facilities. R2003074458 } I-{ss\KeimlPlainfield\annex agr 13.wpd 06/26/02 031902;Q71602;080202;091702;102802;121102;011303 EXHIBIT "E" B-3 AREA DEVELOPMENT GUIDELINES I. PLAN SUBMISSION: Ten (10) sets of all site plans shall be submitted to the office of the Village Planner with all required information. The Village Planner shall have discretion to accept copies of said plans reduced to 9%2" x 11" with five (5) full size sets. The plan shall be considered as officially submitted only when all information and fee requirements are met. A. Site Plan Scale: All site plans shall be drawn to scale as follows: 1. Sites less than two (2) acres: one inch equal twenty feet (1"=20'). 2. Sites of two (2) or more acres: one inch equals forty feet (1"=401). 3. The Village Planner shall have discretion to accept smaller scale plans for projects involving more than fifteen (15) acres. However, in no case shall plans be a smaller scale than one inch equals one hundred feet (1"=1001). B. Contents: All site plans shall contain the following: 1. General Information a. Property owner's name, address and phone number. b. The developer's name, address and phone number (if different from property owner). c. Name, address and phone number of architect, land planner, engineer, surveyor or consulting firm (with contact person listed) who is responsible for compiling the plan. d. Date of plan preparation and/or revision. e. North point. f. Current zoning/requested zoning (if a change is desired). g. A context map showing major streets and adjacent landowners names, address and property tax identification. 2. Site Conditions a. Existing topography graphically represented via contour lines of not more than two -foot intervals, extending twenty (20) feet surrounding the subject site. b. Location and extent of water bodies, wetlands, streams and flood plains on or adjacent to the subject site. c. Sidewalks, curbing and drainage structures. L -p R20030714458 F:IHss\Keim\Plainfieldlannex agr I3.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 d. Storm water detention/retention areas. Method of computing drainage requirements shall be consistent with those specified in the Village Subdivision Regulations. e. Floor area for building footprint and gross floor area of structure, building height and number of stories. Structural volume in cubic feet is required for all industrial structures. f. Building elevation (facade drawing) of all faces indicating design character, type of materials, colors, signage and special features. g. Grading/drainage plans for any proposed detention or retention area. h. Erosion control plan for any proposed detention or retention area. i. Utility plans indicating location of water and sanitary sewer service lines including size and type of pipe and all other information such as hydrants and clean -outs as may be required by the Village Engineer. j. Landscape plans including a schedule of all plantings by type and size, berms and fencing and survey of any existing tree on site with a caliper of more than 1 %z inches. k. Lighting plans, including type of fixtures, height and location. II. URBAN DESIGN REQUIREMENTS. A. Development Standards: 1. No uninterrupted length of facade facing a public street shall exceed one hundred (100) feet in length, measured horizontally, shall incorporate wall plane projections or recesses having a depth of at least three (3) percent of the length of the facade and extending at least twenty (20) percent of the length of the facade. 2. Any ground floor facades that face a public street shall incorporate at least one of the following architectural elements along no less than sixty (60) percent of its horizontal length; arcades, display windows, entry areas, awnings, brick soldier courses, or other architectural design features approved by staff. 3. Any roof on a commercial structure shall incorporate at least one of following architectural treatments: a. Overhanging eaves, extending no less than three (3) feet past the supporting walls. b. Sloping roofs that do not exceed the average height of the supporting walls, with an average slope greater than or equal to one R2003074458 F:1Hss\Keim\Plainfield\annex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 (1) foot of vertical rise for every three (3) feet of horizontal run and less than or equal to one (1) foot of vertical rise for every one (1) foot of horizontal rum. c. Three (3) or more slope planes. d. Prominent masonry cornices. 4. Any commercial structure with a flat roof design shall incorporate a parapet that will conceal any HVAC or mechanical equipment from public view. The average height of such parapets shall not exceed fifteen (15) percent of the height of the supporting wall and such parapets shall not exceed one-third (1/3) of the height of the supporting wall. 5. Any exterior building facade shall incorporate a predominance of high quality materials that may include, but not limited to, brick, sandstone, other native stone, clapboard, wood shingle siding and tinted/textured concrete masonry units. The use of pre -cast concrete block or tilt -up panels shall be allowed on any facade not facing a public street or residential area. 6. Any large retail establishment in excess of 20,000 square feet shall have clearly defined, highly visible customer entrance featuring no less than three (3) of the following: a. Canopies or porticos. b. Overhangs. c. Recesses/projections. d. Arcades. e. Raised corniced parapets over the door. f. Peaked roof forms. g. Arches. h. Outdoor patios. i. Display windows. j. Architectural details such as tile work and molding shall be integrated into the structure. 7. Any commercial structure shall incorporate sidewalks at least five (5) feet in width along all sides of the lot that abut a public street. 8. Any commercial structure that exceeds 20,000 square feet shall incorporate sidewalks, no less than eight (8) feet in width along the full length of the building along any facade featuring a customer entrance, and along any facade abutting public parking areas. Where reasonably possible, such sidewalks shall be located at least six (6) feet from the face of the building to provide planting beds for foundation landscaping, except 82003074458 FAI-Iss\Keim1Plainfieldlannex agr I3.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 where features such as arcades, entryways, drive-thru facilities and other architectural features are part of the facade. 9. Any facade or roof color incorporated in a commercial structure shall be of low reflective, subtle, neutral or earth tones and the use of high -intensity or metallic colors shall be prohibited. Building trim and accent areas may feature brighter colors, including primary colors, but exposed neon tubing shall be prohibited from building trim or accent areas. 10. Any commercial use structure more than 100,000 square feet shall incorporate a public space, such as a plaza, courtyard or landscape garden within the vicinity of the structure's main pedestrian entrance of the development's principal structure. These public spaces shall be a minimum of 200 square feet and shall incorporate a minimum of three of the following provisions: a. Pedestrian seating in the form of benches or ledges. b. Water features. c. Seasonal plantings. d. Textured paving. e. Raised brick planters with landscape. f. Pedestrian scaled lighting. g. Sculpture or other artwork. h. Outdoor eating or a cafe. 11. Drive-thru facilities shall be prohibited from being located on any facade facing a public street. All drive-thru facilities shall be located on the side or rear of the structure that is either facing the site's parking facility or a private street. IIl. LANDSCAPE AND LANE USE BUFFERS. The purpose of this section is to suggest the appropriate buffering between incompatible land uses; protect and preserve the aesthetic appeal and character of the surrounding neighborhood and to provide a level of visual screening around permanent structures and parking facilities: 1. Each plan submitted hereunder shall be drawn to scale and shall be fully dimensionalized. All proposed structures and other improvements shall be accurately depicted thereon, including but not by the way of limitation, all buildings, paved areas, berms, lights, retention and all detention areas and landscaping. The plan shall specifically include the number, type, size and R20030714458 F:1Hss\Keim\Plainfeldlannex agr 13.wpd 06/26/02 031402;071602;080202;091702;162802;121102;011343 location of all required vegetation and other landscape, which the applicant proposes to preserve. 2. All new site developments, expansion of existing structures or reconstruction of structures shall, to the extent reasonably practicable, conform to the following landscape provisions. A. Buffers: Landscaping buffers shall be required between all commercial, industrial and multi -family sites and single-family use through the use of landscape berms, plantings and/or fencing to achieve no less than a minimum of 80% visual screen in the summer and 60% visual screen in winter with a minimum height of six (6) feet at the time of planting. Any berm shall be a physical barrier that blocks or screens the view similar to a hedge, fence or wall. Berms shall be constructed with proper and adequate plant material to prevent erosion and a difference in elevation between areas requiring screening does not constitute a berm. B. Landscape Standards: The following requirements shall apply to all commercial, institutional, industrial and multi -family development and are cumulative: 1. The applicant shall provide a minimum of one (1) approved planting for each seven hundred twenty-five (725) square feet of gross lot area that is not classified as a buffer area. For sites on which there remains additional buildable acreage after the initial improvements are completed, the applicant shall minimally provide one (1) approved planting for each 725 square feet of net developed area. No more than 50% of any approved plantings on a gross site may be shrubs. 2. All required setback areas and areas of a site not proposed to be improved with structures, paved areas, walks or other approved landscaping shall be planted in grass sod or seed unless otherwise approved by the Board. 3. To the extent reasonably practicable based on building design, entryways, drive-thru facilities and other architectural features, commercial development shall provide foundation plantings along any facade that exceeds 50 lineal feet. Additionally, commercial developments shall provide a minimum of one three inch (3") caliper canopy tree equivalent per 50 lineal feet of building facade. 4. Approved Plantings and Ground Cover: The following shall constitute approved plantings and ground covers for inclusion in landscape plan required hereunder. a. Shade Trees: Shade trees shall be permitted and shall not be less than three inch (3") caliper measured one foot (11) from the ground nor less than six feet (6') in height. The following trees are prohibited: soft maple, poplar, box elder, catalpa, tree of heaven, 820030?44458 F:IHss'Keim\Plainfeld\annex agr 1 3.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 and mountain ash, as consistent with the Village Subdivision regulations. Willow and mulberry trees may be used as decorative plantings located so as to avoid shedding materials onto walks, drives, and parking areas. b. Conifers: Conifers shall be permitted and shall not be any less than six (6) feet in height. c. Ornamental Trees: Ornamental trees shall be permitted and shall not be less than two (2") inch in caliper measured one foot (1') from the ground nor less than six feet (6') in height. d. Living Ground Coverage: Living ground coverage shall be provided at a density sufficient to guarantee total coverage within two (2) years of the date of the initial plantings. 6. Minimum Size of Plantings: The minimum size of material at the time of plantings shall be as follows: a. Canopy tree at three (3") inch caliper. Caliper shall be measured 12 inches from the base of the tree. b. Evergreen trees shall be a minimum height of 6 feet. c. Deciduous or evergreen shrubs at 18 inches in height. 7. Parking Lot Screening: Any parking lot in a commercial or industrial development that is within fifty (50) feet of a public right-of-way shall be screened with hedging, berrning, decorative fencing, decorative masonry, or a combination of these design elements, to a height of two and a half feet (2V2'). 8. Planting Material Variety: In order to allow flexibility while maintaining minimum planting levels, provisions have been incorporated for "canopy equivalents", instead of canopy trees. A canopy equivalent is one canopy tree, or three evergreen/understory/multi-stemmed trees, or twenty shrubs. These equivalent amounts are allowed to substitute for a canopy tree since the approximate coverage area at maturity of each of the equivalent amounts is comparable to the approximately coverage area at maturity of one canopy tree. 9. Replacements: Subsequent to the review of said landscape plan, and issuance of the building permit, the Village may allow through a staff review of said plan, minor deviations which do not substantially alter the plan, and which do not substantially diminish the intended benefits of said plan. R`2003074458 P:1HsslKeim\Plainfield\annex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 IV. TRASH ENCLOSURES AND STORAGE AREA SCREENING. A. Enclosures surrounding trash receptacles shall be required to provide a 100% visual screen. Such enclosures shall be of masonry or wood construction. B. All exterior storage, including the storage of truck trailers or vehicles under repair, for commercial or industrial uses shall be screened as provided herein; screening shall be to an opacity of not less than seventy-five (75) percent, six (6) feet above grade and may be accomplished by berming, landscaping, neutral color fence or masonry wall construction. V. PARKING AND DRIVE AREAS. A. Parking Improvement Standards: All off-street parking and drive areas shall be graded and paved or otherwise improved with Bituminous concrete or Portland Cement concrete or other "dust free" paving materials as approved by the Board. Parking stalls shall be identified by painting striping. Dimensions for stalls and drive aisles shall be in accordance with local, state and federal laws. B. Parking Requirements for Lame Commercial Development: Commercial developments on a single lot in excess of 50,000 square feet of gross leasable building space shall have no more than 50% of the off-street parking area for the site located between the front facade of the principal structure(s) and the abutting public street(s). VI. ACCESS. Vehicular ingress and egress points (curb cuts) to/from site shall be no less than fifty feet (50') from any street intersection (as measured from the property corner to the nearest side of the curb cut) and, to the extent reasonably practicable, no closer than seventy-five feet (75') to another curb cut on the same side of the street. Curb cut widths shall be no less than twenty feet (20') nor more than forty feet (40') in width. No more than two (2) curb cuts per lot shall be permitted. VII. DRAINAGE/STORM WATER CONTROLS. All sites shall be graded as to prevent storm water run-off from impervious surfaced areas onto adjacent properties. The applicable storm water detention requirements specified in the applicable Village Subdivision Regulations shall be applied. A combination of detention storage and controlled release of storm water run-off shall be required for the following: A. All sites involving improvements with a net developed area of two (2) acres or more. R2003070458 F:\Hss\(Ceim\Ptainfield\annex agr 13.wpd 06/26102 031902;072602;080202;091702;102802;121102;011303 B. All sites involving improvements which have and will have impervious areas of 50% of gross lot area or greater. In cases where improvements will be made to facilities existing prior to the date of this ordinance, the percent imperviousness will be based on the entire parcel. If this percentage is 50% or grater, the storm water detention requirement shall be applied only to the portion of the parcel being improved. VIII. LIGHTING. A. All exterior lighting, except as hereby allowed, shall be shaded, directed down at a ninety degree angle, and otherwise designed so as to avoid glare onto neighboring residential properties. B. All exterior lighting should balance the need of energy conservation with the needs of safety, security and decoration. C. All exterior lighting shall be part of the site plan review process and all lighting fixtures, standards and all exposed accessories shall be concealed or harmonious with other project design materials. D. In general, the height of exterior lighting features shall not exceed the predominant height of principal building to which they relate. E. All freestanding parking lot and internal access route lighting shall be high pressure sodium vapor luminaries, color corrected where necessary for compatibility. IX. DEFINITIONS. A. Architectural Feature: An element of a building design intended to be functional or ornamental. B. Border PlantinLs/Foundation Plantings: Perennial flowers, shrubs or bushes of various height and diameter used to screen building foundations, appurtenances and property boundaries. C. Buildable Acreage: A parcel of land or portion of an existing tract or lot of record with sufficient area and dimensional configuration to be developed independently of preceding improvements and in accordance with Village Zoning and Subdivision standards. 12003074458 F:1Hss\Keim\Plainfield\annex agr 13.wpd 06/26/02 031902;071602;080202;041702;102802;121102;011303 D. Character: Special physical characteristics of an existing or proposed building or structure or an area that set it apart from its surrounding and contributes to it individually. Character -defining considerations, including, but are not limited to, building height, shape, materials, orientation and architectural style and features, as well as the site's interior spaces and relationship to the surrounding area. E. Commercial Entry: The entryway of a commercial building that would be perceived by the public to be an entrance available for public use. F. Conifers: Coniferous (Evergreen) tree, cone bearing with year round green coloration such as pine, spruce, fir, cedar, etc. G. Facade: The elevation or exterior face of the building. H. Improvement: Construction of buildings, drive areas, parking area, walkways, storm water retention/detention areas, lighting facilities, utilities, curb/gutter, signage and landscaping as placed on a parcel, lot or tract of land. 1. Living Ground Coverages: Grass from sod or seed, other low lying planted material no more than twelve inches (12") in height used for erosion control. Not including pollen producing varieties, not briars, brambles, nor plants generally accepted as weeds. J. Net Developed Area: The improved portion of a parcel, lot or tract of land including the land required to meet minimum setback standards as established by the Village Zoning Ordinances. K. Ornamental Trees: Deciduous trees generally smaller in stature than shade trees and ranging in size up to twenty-five feet (25'). L. Shade Trees: Deciduous (Hardwood) tree having a mature height of twenty-five feet (25') or greater and having a broad spread of branches with leaves providing shade during summer months and shedding leaves each autumn. `R2003074458 F:IHss\Keim\Plainfield`annex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 EXHIBIT "F" ADJACENT STREET IMPROVEMENT SCHEDULE Street Name Area of Improvements Scope of improvements Construction Schedule James Street/ Section adjacent to Developer shall remove and River Road Subject Property replace with 26 feet wide pavement constructed with six (6) inches of bituminous base course, two (2) inches of bituminous concrete binder course, two (2) inches of bituminous concrete surface course, plus four (4) feet wide shoulders consisting of four (4) inches of aggregate. Said 26 foot width shall flare out to a 33 feet wide pavement at the entry to the residential area and include a southbound left tum lane into said entry with a stacking distance of 125 feet and taper of 180 feet. Developer shall install street lights along the southeasterly side of said right-of-way every 250 feet. Ft. Beggs None Developer shall pay Village Street recapture amount of 860,000.00 for prior improvements to Ft. Beggs St. and shall have no further obligation with respect to said street Route 59 Section adjacent to the B-3 Area Such improvements as may be required by the Illinois Department of Transportation as a part of its permit review qs R2003074458 F:IHss\Keim\Plainfieldlannex agr 13.wpd 06/26/02 031902;071602;080202;091702;102802;121102;011303 process, including, without limitation, the installation of a traffic signal at the intersection of the full access drive serving the Commercial Area and Route 59, with Developer responsible for up to 50% of the cost thereof R2003074458 F...1HssllCeimlPlainfieldlannex agr 13.wpd 031902;071602;080202;091702;102802;121102;011303 VILLAGE DESIGN GUIDELINES 06/26!02 EXHIBIT "G" DEC -20--2002 FRI 09:06 AN RATHJE, WOODWARD... FAX NO. 6306689218 DEC, 19.1002 '):'1Ut'M VILLAtit Jr rLA1hit1tLt1 b1?cfJOODU co.). v • • • P. 03 i. L 4. Each neighborhood will Incorporate neighborhood scale open space, 5. preferably et Its center, OetOi ° areas shallatse plaCed to further ens well as transition to tho adjOining neighborhood. tt'ten0 open areas. G. Street frontage and building messing: 1. For single family detached homes: street, and In an effort to seduce the perception of evert -trilling as viewed from the enhance the appearance of open space 3 maAmum house facade is recommendded oonststent with the Wage's zoning ordinance and minimum skle yards• StreetsIe facade width should create an expression of a main dyof the reduce the se. Side bu wings should be considered setback from the property li e to mass. Greater front yard setbacks and greater lot widths may be considered at the primary entrance to the development This tends to enhance are apperys arance the eeof open on space. This can also be achieved With broader landscaped P A maximum height lirnitation of thirty -f (35) sett, consistent with the Village Zoning ordinance is recommended. Front porchte are encouraged, enc oac meat into the Font yard Of five (5) feet. This minor encroachment helps accentuate the articutat►on of the home. 2. For townticittcs; in townhama developments, garages. especially two car garages, tettid to dominant the street frontage. 1n order to avoid the monotony and Osman appearance of an endless Cane of garage doors, the grouping of feu feet, f sho�uidis exceed net tive unfits per building Or one hundred and fOrly- cal. Therefore, e grouping and eppearanco of garage doors for the tovmhomes is critical. garage doors should not be placed side -by -side and the inclusion of side -loaded garage.s is encouraged. Where garages are acae6sed gt the rear of t118 unit through a mid -block service drive, other opdons may be considered. However, tlo toWnhome (71 DEC -20-2002 FR1 09:07 AM RATHJE, W00DWARD... FAX NO. 6306689218 DEC. 19.2002 5:26PM VILLAGE OF PLAINF1ELD 815436195U nu lllb P. 05 r. v, 'P �� La's'► 10 side elevations without windows aro strongly ;discouraged. Side elevations facing a street (comer lots) must have windows and must continuo the same materials treatment as the front elevation and in the same proportion. D. Key lots: Key lots are defined as those lots within a residential develop/nerd that are located at highly vtisibl® intersections as well 673 otherstr t Olc. points U Ito hlhhin theh volurn9 development. Where through lob P streets, the tear of these budding8 shall also bo treated as "koy tots"(see section an through lots). Key lots shall be noted on all plans submitted under these guidelines to the Village. The Village may add, delete, or amend the location of the key lots within the subdivision. 1. Ar'cntteCtuidl tr atm®nt of key Iota: a. As noted tin Section E, front doors and winder to major rooms shall be oriented to the fit_ ttYallowsys that lead to the front door, sapar ted from any drwewaY ere also encouraged_ The front door should be a prominent and welcorning feature. Open front porches that face the street are also advocated. b. The use of trick or other natural materials on all eleVatiervi is Strongly encouraged. d, Simple roof iornu, such e.s gable or hip are encouraged. Dormers are also encouraged. Muhl -tole gable's, and overly -pronounced roof fours should be avoided. e. Ail elevation, shell have windows. CORNER ELEVATION CP P 03 3 CP C31 C`? .1D t DEC -20-2002 FRI 0908 AID RATHJE, WOODWARD... FAX NO. 6306689218 OEC. 19.2002 5:2BYM Y1tiAGL Ut rLA1NI-ltLV tilViJD19n P. 06 1'U. VIO r. 2 p p D D p D 2. Landscape &chtteetural treatment of key lots: a. Front yards, parkways and sidewalks shall be designed as a cohesive thole. A naturalistic) treatment Is preferred, utilizing a combination of overstory trees, understorytreas, shrubs, and flowers. b. Landscape treatment approaching key lots shall serve to frame and emphasize these lots. especially near the entrance ofthe development. mrougft lam: 1. Architectural treatment of through iota: a. perticuler attention shall be paid to the arotfectural details of the rear elevations on all through lots including materials and window treatment. b_ Window treatments shall be Included in order to adds sense of articulation to the rear elevation. c. Key through lots shall be constructed of the same rnetell$ls End design as oiler elevations." 2, Landscape architectural trsatrinerit of through tote: a. All through lots shall be effectively screened at the roar of the property through fenclng or here fenol Q is used such fencing shallrmlna end landscaping or a be blnatiOn of the two. 1. be o0 sIstontlY applied through out the development. This shell ba enforced through protecth1e covenants. >'encing shall be placed on the use side of the berm. 2. \mere landscspa so-oening is employed. the bent shall be at least three feet in accordance with village code. The berm shall undulate and cuive- 3. Where landscape screening is employed, the berm shall be planted with 30-40% evergreen trees at least eight (a) feet in height and evergreen shrubs . Deciduous plants shall be IntempenSoci io add seasonal oolor and balance. *Not all through lots are key lets 11