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Home My WebLink AboutOrdinances - 21-6 - 01/18/2021 - Development Agreement - Catalantic Group CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ordinance 21-6 AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MCHENRY AND CALATLANTIC GROUP,INC. Passed by the Mayor and City Council Of the City of McHenry McHenry County State of Illinois January 18, 2021 Published in pamphlet form by authority of the Mayor and City Council of the City of McHenry, McHenry County, Illinois this 19th day of January, 2021. ORDINANCE NO 21-6 AN ORDINANCE AUTHORIZING THE MAYOR'S EXECUTION OF A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF MCHENRY AND CALATLANTIC GROUP, INC. WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Development Agreement bearing the date of January 18, 2021 between the City of McHenry and CalAtlantic Group, Inc., is attached to this ordinance and incorporated herein by reference as Exhibit "A". SECTION 2: The Mayor and City Clerk are hereby authorized to affix their signatures as Mayor and City Clerk to said Agreement for the uses and purposes therein set forth. SECTION 3: All Ordinance or parts thereof in conflict with the terms and provisions hereof are hereby repealed to the extent of such conflict. SECTION 4: This Ordinance shall be published in pamphlet form by and under the authority of the corporate authorities of the City of McHenry, McHenry County, Illinois. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval, and publication in pamphlet form as provided by law. Passed this 18th day of January, 2021. Ayes Nays Absent Abstain Alderman Devine -+ Alderman Glab 41 Alderman Harding X Alderman Mihevc Alderwoman Miller Alderman Santi Alderman Schaefer k AV*11 ,r 4 Wayne"Jeft, Mayor Trisha Ramel, City Clerk �� Exhibit A Development and Incentive Agreement between the City of McHenry and CalAtlantic Group, Inc. LEGEND LAKES DEVELOPMENT AGREEMENT This AGREEMENT ("AGREEMENT") made and entered into this 181h day of January, 2021, ("Effective Date") by and between the CITY OF MCHENRY, an Illinois municipal corporation (hereinafter referred to as "CITY"), and CALATLANTIC GROUP, Inc a Delaware corporation ("BUILDER"). RECITALS A. BUILDER has a contract to purchase the Property legally described on EXHIBIT A attached hereto and made a part of this Agreement by reference, hereinafter referred to as the "Subject Property" conditioned upon securing certain approvals from the CITY. B. The Subject Property is currently vacant and are zoned RA-1, Attached Residential, pursuant to the City's Zoning Ordinance. C. The Subject Property is part of a much larger territory annexed and zoned and constructed under the Shamrock Farm Annexation Agreement pursuant to Ordinance No. 01-1029 dated July 2, 2001. ("Annexation Agreement") D. Legend Lakes Unit 1 was constructed by a third party and said work was conveyed to the CITY and accepted by the CITY and BUILDER assumes no obligations with regards to the construction of public improvements with the exception of those improvements which would be installed concurrently with home construction; specifically curb depressions, public sidewalks,parkway seed/sod and parkway trees which are contiguous to the Subject Property. E. The Annexation Agreement which includes the Subject Property expires by its terms on July 2, 2021. F. CALATLANTIC GROUP is not the Developer of the property subject to the Annexation Agreement and is designated as "BUILDER," maintaining all Declarant rights and Designated Builder rights as described in the Declarations as hereinafter defined. 1 G. Notwithstanding the foregoing,this Development Agreement shall be and become null and void if on or prior to April 1, 2021, BUILDER fails to acquire the Subject Property. BUILDER shall provide the CITY with notice upon its acquisition of the Subject Property. NOW, THEREFORE, in consideration of the mutual promises set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the CITY and BUILDER HEREBY AGREE AS FOLLOWS: 1. Incorporation of Recitals. The foregoing recitals are material to this Agreement and are incorporated into this Development Agreement as if fully stated in this Paragraph 1. The Parties acknowledge the truth and accuracy of the foregoing recitals. 2. Authority/Exhibits. This Agreement is made pursuant to and in accordance with the provisions of the Article VII of the Constitution of the State of Illinois (Home Rule provisions) and the Illinois Municipal Code (Chapter 65 of the Illinois Compiled Statutes) including but not limited to the authority granted to the CITY to grant subdivision approval; to enter into an agreement pertaining to sanitary sewer and public water facilities; and to accept dedications of land by easement or deed for public use. 3. Zoning. The zoning of the Subject Property shall remain RA-1, Attached Residential, during the term of this Agreement. 4. Final Plat of Legend Lakes Neighborhood 1 Resubdivision Approval. The CITY approves the Final Plat of Legend Lakes Neighborhood 1 Resubdivision prepared by Mackie Consultants, LLC consisting of 3 pages dated 11.16.20 attached as EXHIBIT B. and incorporated by reference. ("Final Plat of Resubdivision") BUILDER agrees to construct dwelling units on the locations identified on the Final Plat of Resubdivision. The existing building separations and setbacks are superseded by the building separations and setbacks expressly set forth on the Final Plat of Resubdivision. Any amendments to the number of units on the Final Plat of Resubdivision, except as otherwise provided herein, shall require an amendment to this Agreement. Amendments addressing engineering modifications or adjustments of lot lines shall not require an amendment to this Agreement but only the consent of the City Engineer. 2 5. Conveyances of Attached Single-Family Dwelling Unit Lots. BUILDER shall have the right to construct Dwelling Units upon the LOTS and convey those Dwelling Units and said portions of such lots upon which they are constructed to third parties by metes and bounds legal description without having to further subdivide those lots or amend the Final Plat of Resubdivision, notwithstanding any provision of or requirement in the City Subdivision Ordinance or any other applicable City Codes and Ordinances to the contrary, provided that BUILDER submits documentation demonstrating that any parcel created by such metes and bounds legal description falls within one of the Section 1(b) exceptions including Plat Act Exception #2 to the requirements of the Illinois Plat Act (765 ILCS205/1(b)). 6. Maximum Number of Dwelling Units.The maximum number and type of Dwelling Units permitted to be constructed shall be 52 townhomes. ("Dwelling Units") 7. Approval of Building Elevations. The City approves the elevations of the Dwelling Units prepared by Lennar dated 12.27.20 which is attached as EXHIBIT C and incorporated by reference. ("Dwelling Unit Elevations")BUILDER agrees to construct the Dwelling Units generally consistent with EXHIBIT C. Any change or modification in the elevations that the City Manager determines to be minor shall be approved administratively without the necessity of amending the Agreement. Any change or modifications the City Manager deems major shall be referred to the City Council which will be the final arbiter as to whether the change or modification requires an amendment of this Agreement or not. 8. Landscape Plans. The CITY approves the Dwelling Units Landscape Plan prepared by Gary Weber Associates dated 12/28/20 consisting of 5 pages attached as EXHIBIT D and incorporated herein by reference. ("Dwelling Unit Landscape Plan") Landscaping shall be provided,installed in accordance with the plans and guaranteed in accordance with the City Code. 9. Covenants and Maintenance. BUILDER shall make the Subject Property subject to a declaration ("Declaration") which will be administered by an Association to be created by BUILDER. The Subject Property is also subject to the Master Declaration of Covenants, Conditions, Easements and Restrictions for The Legend Lakes Master Association, Recorded as Document 2003R0084766, as supplemented and amended from time to time. 3 10. Back-Up Special Service Area. The Subject Property is also subject to a back-up or dormant Special Service Area which the CITY established on all of the other neighborhoods in Legend Lakes subject to the Annexation Agreement. 11. Infrastructure. The CITY acknowledges that BUILDER is not obligated to make any improvements to either the sanitary sewer system, the potable water system, the storm water management system or the road system. The parties agree, however, that BUILDER may make the following improvements in order to accommodate its product: a. Curbs. BUILDER shall perform curb removal and replacement and/or curb cuts as required in order to accommodate CITY's curb depression requirement and the BUILDER'S townhome driveway configuration. b. Water services. BUILDER may tap water mains and install water services as required to provide individual 1" water services to serve each residential unit. These water services, to the maximum extent practical and if installed on the far side from the water main will be installed by directional drilling to avoid cuts in the finished pavement. C. Sanitary sewer services. Sanitary sewer services will be installed per approved engineering plans. d. Public sidewalks. BUILDER shall install public sidewalks if required adjacent to the Subject Property. Installation shall be in accordance with the Engineering Plans. e. Public Parkways. BUILDER shall install public parkway seed/sod and parkway trees adjacent to the Subject Property and installation shall be in accordance with the Landscape Plans. The above improvements shall be installed in accordance with McHenry Subdivision Control Ordinance. 12. Capacity to Serve. The CITY acknowledges that there is currently sanitary sewer treatment plant capacity and potable water supply available to serve the homes. Water and sanitary treatment plant and main capacity are reserved and will be made available to the Subject Property. 13. Recapture Agreements. The CITY acknowledges that the Subject Property is not subject to any existing recapture agreement and that any recaptures affecting the Subject Property 4 have been fully satisfied. 14. Temporary Sijznage. a. Advertising Signs. The CITY agrees to issue permits, following receipt of proper applications and fees, for a maximum of four(4)temporary subdivision advertising signs at locations identified on Exhibit E. ("Marketing Signage") The signs shall be two-sided or v-shaped, a maximum of sixty-four (64) square feet in area, eight (8) feet in height, and set back a minimum of ten (10) feet from the property line. The signs shall be removed when the BUILDER has ceased operation of its on-site Sales Office/Model Home. b. On-Site Directional Signs. On-site directional signs identifying the sales office(s) and model(s) shall be allowed subject to approval by the Community Development Department of the CITY, upon payment of a one-time permit fee, with said signs to be removed on or before termination of Sales Office/Model Home. C. Offsite Weekend Directional Signs. Upon making application and payment of required permit fees to the CITY, the CITY shall allow temporary weekend offsite directional marketing signs,which shall be permitted on an annual basis, subject to renewal until such time as the BUILDER discontinues its Sales Office/Model. Hours for the weekend signage will be restricted to weekly between 6 PM on Friday and 6 PM on Sunday. Sign size and locations for the offsite signage shall be as shown in Exhibit F. ("Offside Weekend Directional Signage") 15. Model Homes: Construction Trailers. a. Model Homes. BUILDER shall be permitted, at the BUILDER'S sole risk, to construct, maintain and occupy model units and to construct and maintain other appurtenant facilities for said model units, BUILDER shall have the right to use said models, as well as their garages, for sales, sales promotions and offices for sales personnel, all as may be desirable or in any way connected with the sales of dwellings on the LOTS. The CITY agrees to allow the BUILDER to construct temporary parking facilities paved to the sidewalk with curb depressed or other appurtenances to the model units and sales offices subject to the approval of the Community Development Department of the CITY and compliance with all applicable codes of the CITY. 5 b. Construxtion Trailers. Construction trailers used to build Dwelling Units shall be allowed, at locations to be approved by the Community Development Department of the CITY. Upon the sale of 100%•of the units all construction trailers shall be removed. 16. Donations, Contributions and Fees. BUILDER and CITY, acknowledge prior land and cash donations and credits and fees associated with the Annexation Agreement (which expires on July 2, 2021). Further the parties acknowledge the CITY has recently enacted a revised fee structure citywide. Concurrent with the approval of this Agreement the parties agree that the BUILDER and CITY will follow this fee structure and shall no longer be bound by the fees set forth in the Annexation Agreement. In the event of increase of Capital Development Fees or Impact Fees BUILDER may prepay Capital Development and Impact Fees for balance of homesites within 30 days at the previous rates. Fees in effect as of the date of this Agreement are set forth in Exhibit G. 17. Binding Effect and Term. This Agreement shall be binding upon and inure to the benefit of the parties hereto, successor owners of record and their heirs, assigns, and lessees, and upon successor municipal authorities of the CITY and successor municipalities for a period of ten (10) years from the date of execution hereof, and any extended time agreed to by amendment to this Agreement. 18. Amendment. This Agreement may only be amended by written instrument executed by all parties hereto. Provided, however, in the event title to the LOTS, in whole or part, is transferred to successors in interest, future amendments relating to the LOTS may be made by and between the CITY and the title holders to the parcel specifically requesting the amendment without consent required by other record owners of the LOTS. 19. Notice and Default. Before any failure of any party to this Agreement to perform its obligations under this Agreement shall be deemed to be a breach of this Agreement, the party alleging the breach shall provide notice to the party alleged to be in default specifying the nature of said default, and thirty(30)days elapses from the receipt of said default notice without the default being cured.Notice shall be in writing and delivered via certified mail, addressed as follows: 6 If to CITY: City Administrator 333 S. Green Street McHenry, IL 60050 with a copy to: Zukowski, Rogers, Flood & McArdle 50 Virginia Street Crystal Lake, IL 60014 Attention: David McArdle. If to BUILDER Builder's Division Office: CALATLANTIC GROUP, Inc. 1141 E. Main Street, Suite 108 East Dundee, IL 60118 Attn: Scott Guerard, VP Land Acquisitions Email: Scott. ue�klennar.com Builder's Corporate Office:Lennar Corporation 700 NW 107th Avenue - 4th Floor Miami, FL 33172 Attn: General Counsel Email: mark.sustanaglennar.com Builder's Regional Office: CALATLANTIC GROUP, Inc. 3440 Preston Ridge Road, Suite 685 Alpharetta, GA 30005 Attn: James B. Parker, Area President Email: james.parkerglennar.com with a copy to: CALATLANTIC GROUP, Inc. 4600 W. Cypress Street, Suite 250 Tampa, FL 33607 Attn: Phil Wolf, Region Counsel Email: phil.wolfklennar.com 21. Ordinance Changes. Except as otherwise specified herein, all ordinances of the CITY and other applicable jurisdictions as amended from time to time shall apply to the LOTS, BUILDER and all successors and assigns in title. CITY shall not impose sprinkler requirements upon the Subject Property unless mandated by the State of Illinois fire authority. 7 IN WITNESS WHEREOF,the parties hereto have executed this Agreement as of the date indicated above. CITY OF McHENRY, an Illinois municipal corporation By: Wayne Jett, Mayor Attest: Title: Date of Execution: BUILDER: CALATLANTIC GROUP, INC., a Delaware corporation, By: Name: Title: Attest: Name and Title: Date of Execution: 8 STATE OF ILLINOIS ) ) SS COUNTY OF MCHENRY ) I, the undersigned, a Notary Public in and for the County and State aforesaid, do hereby certify that WAYNE JETT and , personally known to me to be the City Mayor and respectively, of the CITY OF McHENRY, and personally known to me to be the same persons whose names are subscribed to the foregoing Legend Lake Development Agreement, appeared before me this day in person and severally acknowledged that they signed and delivered said Development Agreement as such Mayor and of said City pursuant to authority given by the Corporate Authorities of said City, as their free and voluntary act, and as the free and voluntary act and deed of said Village, for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 2021. Notary Public My Commission Expires: 9 STATE OF ) ) SS COUNTY OF ) I, , a notary public in and for the County and State aforesaid, do hereby certify that , personally known to me to be the of CALATLANTIC GROUP,INC. and personally known to me to be the same person whose name is subscribed to the foregoing First Amendment, appeared before me this day in person and acknowledged that s/he signed and delivered said First Amendment as [titles] and of said corporation, as her/his free and voluntary act and as the free and voluntary act and deed of said corporation, for the uses and purposes therein set forth. Given under my hand and official seal, this day of , 2021. Notary Public My Commission Expires: 10 TABLE OF EXHIBITS EXHIBIT A Legal Description (Four Parcels) EXHIBIT B Final Plat of Resubdivision EXHIBIT C Dwelling Unit Elevations EXHIBIT D Dwelling Unit Landscape Plan EXHIBIT E Marketing Signage EXHIBIT F Offsite Weekend Directional Signage EXHIBIT G Building Fees (as of Date of Agreement) 11 Exhibit A Legal Description of the Subject Property PARCEL 1: THAT PART OF LOT 3 IN LEGEND LAKES NEIGHBORHOOD 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 33,TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE FINAL PLAT THEREOF RECORDED SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS 2006R0077102 AND 2007110041062, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 3 IN LEGEND LAKES NEIGHBORHOOD 1; THENCE SOUTH 00 DEGREES 02 MINUTES 02 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 3, A DISTANCE OF 289.47 FEET TO THE SOUTH LINE OF A STORMWATER MANAGEMENT EASEMENT AS GRANTED IN SAID FINAL PLAT FOR THE POINT OF BEGINNING. THENCE CONTINUING ALONG THE LAST DESCRIBED COURSE SOUTH 00 DEGREES 02 MINUTES 02 SECONDS EAST, 251.29 FEET TO THE NORTHERLY LINE OF A STORMWATER MANAGEMENT EASEMENT AS GRANTED IN SAID FINAL PLAT; THENCE ALONG SAID EASEMENT FOR THE FOLLOWING 6 COURSES; 1)THENCE SOUTH 89 DEGREES 57 MINUTES 58 SECONDS WEST, 36.58 FEET (38.59 FEET RECORD); 2) THENCE SOUTH 23 DEGREES 21 MINUTES 34 SECONDS WEST, 89.38 FEET; 3) THENCE SOUTH 47 DEGREES 42 MINUTES 51 SECONDS WEST, 103.12 FEET; 4) THENCE SOUTH 67 DEGREES 43 MINUTES 06 SECONDS WEST, 171.74 FEET; 5)THENCE SOUTH 64 DEGREES 12 MINUTES 13 SECONDS WEST, 143.25 FEET; 6)THENCE NORTH 79 DEGREES 53 MINUTES 58 SECONDS WEST, A DISTANCE OF 94.39 FEET TO THE RIGHT OF WAY OF DRAPER ROAD AS DEDICATED BY SAID FINAL PLAT; THENCE ALONG SAID RIGHT OF WAY FOR THE FOLLOWING 4 COURSES; 1) THENCE NORTHERLY 197.72 FEET ALONG AN ARC OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 275.00 FEET, AND A CHORD BEARING NORTH 45 DEGREES 52 MINUTES 50 SECONDS EAST TO A POINT OF TANGENCY; 2) THENCE NORTH 66 DEGREES 28 MINUTES 39 SECONDS EAST, A DISTANCE OF 154.18 FEET TO A POINT OF CURVATURE; 3) THENCE EASTERLY, NORTHERLY, AND WESTERLY, 564.14 FEET ALONG AN ARC OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 190.00 FEET, AND A CHORD BEARING NORTH 18 DEGREES 34 MINUTES 56 SECONDS WEST TO A POINT OF TANGENCY; 4) THENCE SOUTH 76 DEGREES 21 MINUTES 29 SECONDS WEST, A DISTANCE OF 40.50 FEET TO THE SOUTHERLY EXTENSION OF THE WESTERLY LINE OF NEA 14 AS DEPICTED ON SAID FINAL PLAT AND ALSO BEING THE EASTERLY LINE OF THE FIFTEENTH AMENDMENT TO THE DECLARATION OF LEGEND LAKES NEIGHBORHOOD 1 CONDOMINIUM RECORDED AS DOCUMENT 2009R0020341 AND RERECORDED AS DOCUMENT 2009110049918; THENCE ALONG SAID SOUTHERLY EXTENSION NORTH 08 DEGREES 33 MINUTES 51 SECONDS WEST, A DISTANCE OF 117.60 FEET TO A SOUTHERLY LINE OF A STORMWATER MANAGEMENT EASEMENT AS GRANTED IN SAID FINAL PLAT; THENCE ALONG SAID EASEMENT FOR THE FOLLOWING 7 COURSES; 1) THENCE NORTH 79 DEGREES 03 MINUTES 29 SECONDS EAST, 120.80 FEET; 2) THENCE SOUTH 80 DEGREES 28 MINUTES 37 SECONDS EAST, 60.22 FEET; 3) THENCE SOUTH 69 DEGREES 12 MINUTES 17 SECONDS EAST, 58.94 FEET; 4) THENCE SOUTH 60 DEGREES 05 MINUTES 29 SECONDS EAST, 54.67 FEET; 5) THENCE SOUTH 49 DEGREES 43 MINUTES 58 SECONDS EAST, 66.58 FEET; 6)THENCE SOUTH 37 DEGREES 20 MINUTES 33 SECONDS EAST, 88.01 FEET; 7) THENCE NORTH 89 DEGREES 57 MINUTES 58 SECONDS EAST, A DISTANCE OF 41.54 FEET TO THE POINT OF BEGINNING. PARCEL 2 THAT PART OF LOT 4 IN LEGEND LAKES NEIGHBORHOOD 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE FINAL PLAT THEREOF RECORDED SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS 2006R0077102 AND 2007R0041062, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHERNMOST CORNER OF THE FIFTEENTH AMENDMENT TO THE DECLARATION OF LEGEND LAKES NEIGHBORHOOD 1 CONDOMINIUM RECORDED AS DOCUMENT 2009R0020341 AND RERECORDED AS DOCUMENT 2009R0049918, BEING ALSO A POINT ON THE RIGHT OF WAY OF DRAPER ROAD AS DEDICATED ON SAID LEGEND LAKES NEIGHBORHOOD 1 FINAL PLAT, AND ALSO BEING A POINT ON THE NORTH LINE OF LOT 4 AS DESCRIBED IN SAID FINAL PLAT;THENCE ALONG THE NORTHERLY, EASTERLY, AND SOUTHERLY LINES OF SAID LOT 4, BEING ALSO THE RIGHT OF WAY OF DRAPER ROAD, FOR THE FOLLOWING 5 COURSES; 1) THENCE NORTH 76 DEGREES 21 MINUTES 29 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 25.35 FEET TO A POINT OF CURVATURE; 2) THENCE EASTERLY, SOUTHERLY, AND WESTERLY 385.99 FEET ALONG AN ARC OF A CURVE, CONCAVE WESTERLY, HAVING A RADIUS OF 130.00 FEET, AND A CHORD BEARING SOUTH 18 DEGREES 34 MINUTES 56 SECONDS EAST, TO A POINT OF TANGENCY; 3) THENCE SOUTH 66 DEGREES 28 MINUTES 39 SECONDS WEST, A DISTANCE OF 154.18 FEET TO A POINT OF CURVATURE; 4) THENCE SOUTHERLY 256.70 FEET ALONG AN ARC OF A CURVE, CONCAVE EASTERLY, HAVING A RADIUS OF 335.00 FEET, AND A CHORD BEARING OF SOUTH 44 DEGREES 31 MINUTES 33 SECONDS WEST, TO A POINT OF REVERSE CURVATURE; 5) THENCE WESTERLY 36.13 FEET ALONG THE ARC OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 25.00 FEET, AND A CHORD BEARING SOUTH 63 DEGREES 58 MINUTES 43 SECONDS WEST, TO A POINT OF TANGENCY ON THE NORTHERLY RIGHT OF WAY OF CARRICK LANE AS DEDICATED IN SAID FINAL PLAT, BEING ALSO THE SOUTH LINE OF SAID LOT 4; THENCE ALONG SAID SOUTH LINE OF SAID LOT 4 FOR THE FOLLOWING 2 COURSES; 1) THENCE NORTH 74 DEGREES 37 MINUTES 01 SECONDS WEST, A DISTANCE OF 61.83 FEET TO A POINT OF CURVATURE; 2) THENCE WESTERLY 28.22 FEET ALONG AN ARC OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 130.00 FEET, AND A CHORD BEARING NORTH 68 DEGREES 23 MINUTES 54 SECONDS WEST, TO THE SOUTHERNMOST CORNER OF THE SIXTH AMENDMENT TO THE DECLARATION OF LEGEND LAKES NEIGHBORHOOD 1 CONDOMINIUM RECORDED JANUARY 24, 2008 AS DOCUMENT 2008R0004590, BEING ALSO THE INTERSECTION OF THE SAID RIGHT OF WAY LINE, AND THE SOUTHWESTERLY EXTENSION OF THE NORTHWESTERLY LINE OF NEA 29 AS DEPICTED ON SAID FINAL PLAT; THENCE NORTH 32 DEGREES 51 MINUTES 39 SECONDS EAST, A DISTANCE OF 161.52 FEET ALONG THE SOUTHEASTERLY LINE OF SAID SIXTH AMENDMENT, BEING ALSO SAID NORTHWESTERLY LINE OF SAID NEA 29 AND IT'S SOUTHWESTERLY EXTENSION, TO THE NORTHERNMOST CORNER OF NEA 29; THENCE NORTH 21 DEGREES 03 MINUTES 35 SECONDS WEST (NORTH 21 DEGREES 03 MINUTES 28 SECONDS WEST RECORD) ALONG THE EASTERLY LINE OF SAID SIXTH AMENDMENT, A DISTANCE OF 13.04 FEET TO THE SOUTHERNMOST CORNER OF THE TWELFTH AMENDMENT TO THE DECLARATION OF LEGEND LAKES NEIGHBORHOOD 1 CONDOMINIUM RECORDED JANUARY 23, 2009 AS DOCUMENT 2009110003045; THENCE NORTH 55 DEGREES 08 MINUTES 24 SECONDS EAST, A DISTANCE OF 208.86 FEET ALONG THE SOUTHERLY LINE OF SAID TWELFTH AMENDMENT, BEING ALSO THE NORTHWESTERLY LINE OF NEA 28 AS DEPICTED ON SAID FINAL PLAT AND IT'S SOUTHWESTERLY AND NORTHEASTERLY EXTENSION THEREOF, TO THE EASTERNMOST CORNER OF SAID TWELFTH AMENDMENT, BEING ALSO A SOUTHERLY CORNER OF SAID FIFTEENTH AMENDMENT; THENCE NORTH 88 DEGREES 25 MINUTES 58 SECONDS EAST, ALONG SAID SOUTHERLY LINE OF FIFTEENTH AMENDMENT, A DISTANCE OF 26.48 FEET, TO THE WESTERNMOST CORNER OF NEA 27 AS DESCRIBED IN SAID FINAL PLAT, BEING ALSO A SOUTHERLY CORNER OF SAID FIFTEENTH AMENDMENT; THENCE NORTH 66 DEGREES 28 MINUTES 39 SECONDS EAST, ALONG A SOUTHERLY LINE OF SAID FIFTEENTH AMENDMENT, BEING ALSO THE NORTHERLY LINE OF SAID NEA 27 AND IT'S NORTHEASTERLY EXTENSION THEREOF, A DISTANCE OF 150.30 FEET, TO THE EASTERLY LINE OF SAID FIFTEENTH AMENDMENT, BEING ALSO THE WESTERLY LINE OF NEA 26 AND IT'S NORTHERLY EXTENSION THEREOF, AS DEPICTED ON SAID FINAL PLAT; THENCE NORTH 33 DEGREES 46 MINUTES 40 SECONDS WEST ALONG SAID EAST LINE, A DISTANCE OF 167.77 FEET, TO THE POINT OF BEGINNING. PARCEL 3 THAT PART OF LOT 2 IN LEGEND LAKES NEIGHBORHOOD 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE FINAL PLAT THEREOF RECORDED SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS 2006R0077102 AND 2007110041062, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID LOT 2 IN LEGEND LAKES NEIGHBORHOOD 1 FINAL PLAT, RECORDED SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS 2006R0077102 AND 2007R0041062; THENCE SOUTH 89 DEGREES 24 MINUTES 56 SECONDS WEST, ALONG THE SOUTH LINE OF SAID LOT, A DISTANCE OF 296.39 FEET, TO THE EAST LINE OF A STORMWATER MANAGEMENT EASEMENT AS GRANTED IN SAID FINAL PLAT; THENCE ALONG SAID STORMWATER MANAGEMENT EASEMENT FOR THE FOLLOWING 5 COURSES; 1) THENCE NORTH 00 DEGREES 35 MINUTES 04 SECONDS WEST, 22.10 FEET; 2) THENCE NORTH 66 DEGREES 52 MINUTES 36 SECONDS WEST, 112.71 FEET; 3) THENCE NORTH 22 DEGREES 06 MINUTES 05 SECONDS WEST, 15.37 FEET; 4) THENCE NORTH 00 DEGREES 03 MINUTES 33 SECONDS EAST, 106.92 FEET; 5) THENCE NORTH 48 DEGREES 04 MINUTES 02 SECONDS EAST, A DISTANCE OF 14.80 FEET TO A NORTHERLY LINE OF SAID LOT 2, BEING ALSO THE SOUTHERLY RIGHT OF WAY OF DRAPER ROAD AS DEDICATED ON SAID FINAL PLAT; THENCE EASTERLY 152.87 FEET ALONG SAID NORTHERLY LINE BEING THE ARC OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 180.00 FEET, AND A CHORD BEARING SOUTH 66 DEGREES 15 MINUTES 15 SECONDS EAST, TO A POINT OF TANGENCY; THENCE NORTH 89 DEGREES 24 MINUTES 56 SECONDS EAST ALONG A NORTHERLY LINE OF SAID LOT 2, A DISTANCE OF 254.76 FEET, TO A POINT OF CURVATURE; THENCE EASTERLY 6.05 FEET ALONG AN ARC OF A CURVE, CONCAVE NORTHERLY, HAVING A RADIUS OF 340.00 FEET AND A CHORD BEARING NORTH 88 DEGREES 54 MINUTES 09 SECONDS EAST;THENCE SOUTH 00 DEGREES 40 MINUTES 59 SECONDS WEST ALONG THE EAST LINE OF SAID LOT 2, BEING ALSO THE WEST LINE OF WEDGEWOOD TRAIL AS DEDICATED ON SAID FINAL PLAT, A DISTANCE OF 137.40 FEET (137.42' RECORD), TO THE SOUTH LINE OF SAID LOT 2, AND ALSO BEING THE POINT OF BEGINNING. PARCEL 4 THAT PART OF LOT 1 IN LEGEND LAKES NEIGHBORHOOD 1, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 33,TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE FINAL PLAT THEREOF RECORDED SEPTEMBER 14, 2006 AS DOCUMENT 2006R0067400 AND CERTIFICATES OF CORRECTION RECORDED AS DOCUMENTS 2006R0077102 AND 2007110041062, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE THIRTEENTH AMENDMENT TO THE DECLARATION OF LEGEND LAKES NEIGHBORHOOD 1 CONDOMINIUM RECORDED FEBRUARY 13, 2009 AS DOCUMENT 2009R006853; THENCE SOUTH 00 DEGREES 35 MINUTES 04 SECONDS EAST ALONG THE WEST LINE OF SAID THIRTEENTH AMENDMENT, A DISTANCE OF 175.45 FEET TO THE SOUTH LINE OF SAID THIRTEENTH AMENDMENT, BEING ALSO THE SOUTH LINE OF SAID LOT 1 AND THE NORTHERLY RIGHT OF WAY OF DRAPER ROAD AS DEDICATED IN SAID LEGEND LAKES NEIGHBORHOOD 1; THENCE SOUTH 89 DEGREES 24 MINUTES 56 SECONDS WEST, A DISTANCE OF 97.15 FEET, ALONG SAID SOUTH LINE OF LOT 1 TO A LINE OF A STORMWATER MANAGEMENT EASEMENT AS GRANTED IN SAID FINAL PLAT; THENCE ALONG SAID EASEMENT FOR THE FOLLOWING 2 COURSES; 1) THENCE NORTH 00 DEGREES 10 MINUTES 42 SECONDS WEST, 176.42 FEET; 2)THENCE NORTH 89 DEGREES 59 MINUTES 41 SECONDS EAST, A DISTANCE OF 95.91 FEET, TO THE POINT OF BEGINNING. EXHIBIT B Final Plat of Resubdivision ® FINAL PLAT OF LEGEND LAKES - NEIGHBORHOOD f RESUBDI VIS/ON fo s 14, WE Loa INA b rwca, _ g Our tom_,e z p.e,_� r►yt =' + 1; * - -1 araoNawwcr uwa„a_w I .w a—. v �'• �3' i 11 xc 6n iie�c'wa 'a Inn 19, m,...,I„Xe Mrep "s Ir IM I.�. E m s_ M e, JML 0 rw ...w..,w.�.. s,.. ... r �+t�T MVY MY `� w�wws.�ws�rmw ww rr wr ...r_ i i :o...r.....,. •oeirswn.m s r....,,r _•...r..s..ow.rr �—a"o:r.w zrWl '4QZp1�_ F I►,O,K>:>Y6fRw FINAL PLAT OF ate, LEGEND LAKES - NEIGHBORHOD 1 RESUBDIVISION 7 3 Guam L E lV N A R KM. IftLM EVOIN e�sr d.oe[.u.aw rmw MCHENRY,ILLINOIS F/MAL PLAT OF ® LEGEND LAKES - NEIGHBORHOOD f RESUBDI VIS/ON 4e LOT a ma.„oo„ ter„ ( 1 I\V,// t aL LOT 4A LOT SA l iR r, / UST,. \ Ler t, ter. WORM M.M. 141 EAST e..�kLLC FINAL PLAT OF �........,i w�ae''S150p LENNAR 2 - EAST MM3 LUMM 0 A...a. .,. LEGEND LAKES - NEIGHBORHOD 1 RESUBDIVISION 2 °' 3 LAST DtlCEF,LL.1016 tt,w r;; McHENRY,ILLINOIS .,.� FINAL PLAT OF LEGEND LAKES — NEIGHBORHOOD I RESUBDI VIS/ON CURRM no" ps—Twom..MIA n.w 7 JIM 1 1 �I 1 1 1 "�dCae ' �3, 1 w� ww� r.u.cwwrlY.L,LLC FINAL PLAT OF N6i6 W.NpgNr Retl.5uw 5W tM,EAST MM M"MT EIIAMM qi � � ft....,wm. LENNAR WV M �� .A. LEGEND LAKES - NEIGHBORHOD 1 RESUBDIVISION EAar o AMP.LLMM 0O,M +�+� ;; r;; McHENRY,ILLINOIS EXHIBIT C Dwelling Unit Elevations i i j k � 00000000 0000®®O❑ICJ 00000©0� 0000®®®0 � � a %� ❑o❑❑❑❑❑❑ -0000000 oaoaoao _ ❑❑❑❑❑❑O❑ DA A L E A ANNE A L E iz EJEI Sol m ILE ® i i' i C -- - I- EM3 100®®®0 =00l�®®®®®:� o :, Oaon0000 =_:_ om®®®®®®❑000❑❑❑ ❑❑❑ ❑❑ao ❑❑❑❑❑❑❑❑ ❑oa0000❑000❑oo❑ ❑oOoo❑❑❑ ❑❑❑❑❑❑❑❑❑o❑ao❑❑ �_❑❑❑000❑❑ ❑❑❑❑❑❑❑ = ❑❑ 0000 DA A L E A ANNE DA L E N N A R* LEGEND LAKES 12-29-2020 x AW AMLI A L E-SDE DA -SDE IrUll T-Lil ti A L E A ANNE A L E DA LENNAR• LEGEND LAKES 12-29-2020 EXHIBIT D Dwelling Unit Landscape Plan ("Landscape Plans") Townhome Landscape Plan LEGEND LAKES McHenry, Illinois December 28, 2020 CONSULTANTS: INDEX OF SHEETS LANDSCAPEARCHITECT: SHEET NO. 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EI iY,i � i �; �I[� � � �� i# � !t it ��, � 2 ;i I t� n}}2 '+1� •� a ��f. a �� ei t �] � �] { ��a� i ]] l it 1;fi=.�e#] it a HIM i a a�' iWi2� 1 Ia� tt;t� ; �8 d as E4 it a E t # ill Mill ! 2's {l! i � :7 .7 2�] � aF 2� � ��{ I.$t AD.1�$��;I��_��,�:H��a SiM,al�F�1 ii�l�ta� ��lit$�l I I�t��i#��i��i 1 11�tf EXHIBIT E Marketing Signage c'astw` a�a: yabols r 41odMaNJ o Pe#tt;ap�o�,- y' ,U ' t `lo�J. • 01 , M p��u��n� —S=Gurran-R Ul'o o �i►n � o f � n 6�0 ca Q"� aJS4u 7 O N U� ��✓T i P y D U t � f I 5•ara-per Rd vow z • �n o a��a d�re�ws�•Gle�rr_ n � w Q) , EXHIBIT F Offsite Weekend Directional Signage LEGEND LAKES _ iTOWNHOMES LEGEND WEEKEND SIGN EXHIBIT -- ._ LOCATION -1-i 1 ^ C� I cy- o. \c0,91 R vLLF ✓ _ ,J � fir+-�~'� - _ y f � � _�� ,�1 i --�_ t , McHenry LIT in R It A rr- s u c� toj t ;, - 01 p i - °• _ ` ! -- O Bull Valley, —; i' "` �, t a• ,R,d Mason-Hill Rd 1' °? - _ --s'• J co Google Earth N ,2018 Goode — 2 mi _ . Now Selling 224 - 293 -3126 224 - 293 = 3126 ;� Legend Legend � Legend Lakes Lakes Lakes in McHenry in McHenry � 325 Tralee Ln. McHenry R. Lu - MEMECI DIMENSIONS: 24"Wide x 42" High HOURS: 6PM FRIDAY TO 6AM MONDAY EXHIBIT G Building Fees* (* As of date of Agreement) EXHIBIT G (As of Date of Agreement) LEGEND LAKE TH BUILDING/IMPACT FEES ESTIMATE TYP.FEE AMOUNTS SAMPLE 2 BR SAMPLE 3 BR SAMPLE SF(VARIABLE) 1,600 1,750 BEDROOMS 2 3 Build Permit Fees Build Permit Fees Building Fee (Variable @$0.25/ft) $ 375.00 $ 437.50 Plan Check Fee $ 80.00 $ 80.00 Plumb. Inspection $ 84.00 $ 84.00 Plumbing(per Building-$28,$7/unit,4 unit bldg.) $ 7.00 $ 7.00 Water Connection $ 250.00 $ 250.00 Sewer Connection $ 250.00 $ 250.00 Water Meter( 3/4"meter) $ 225.00 $ 225.00 Build Permit Summary $ 1,271.00 $ 1,333.50 2BR 3BR CAP DEV FEES Water Cap. Dev.(FIXED 5 yr+) $ 2,361.00 $ 2,839.00 Sewer Cap. Dev.(FIXED 5 yr+) $ 2,805.00 $ 3,437.00 IMPACT FEES School District Cash Contribution $ 715.00 $ 1,376.00 Library Impact Fee $ 356.00 $ 356.00 Fire Impact Fees $ 356.00 $ 356.00 Park Impact Fee $ 2,388.00 $ 2,870.00 Impact Fee Summary $ 8,981.00 $ 11,234.00 Total Fee Summary $ 10,252.00 $ 12,567.50