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Ordinance 2005-091 C/) y0 United City of Yorkville Memo 800 Game Farm Road EST 1 ZZ, -. tsx Yorkville, Illinois 60560 14 Telephone: 630-553-4350 Fax: 630-553-7575 LE CERTIFIED COPY AFFIDAVIT I, Bart Olson, Deputy Clerk in and for the United City of Yorkville, Kendall County, State of Illinois, and Legal Custodian of the records, files and seal of said City do hereby certify this is a full and complete copy of the original document identified as Ordinance No. 2005-91 filed in my office on December 2, 2005 Dated this 2nd day of December 2005. f i c art Olson, Deputy Clerk SEAL UNITED CITY OF YORKVILLE KENDALL COUNTY STATE OF ILLINOIS ORDINANCE NUMBER 2005A AN ORDINANCE PROVIDING FOR ISSUANCE OF UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SPECIAL SERVICE AREA NUMBER 2004- 107 SPECIAL TAX BONDS, SERIES 2005 (RAINTREE VILLAGE II PROJECT) ADOPTED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY STATE OF ILLINOIS The 22nd day of November, 2005 Published in pamphlet form by authority of the City Council of the United City of Yorkville, Kendall County, Illinois this 22nd day of November, 2005. CH12 601017.4 i ORDINANCE NO, 2005-_ AN ORDINANCE PROVIDING FOR ISSUANCE OF UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SPECIAL SERVICE AREA NUMBER 2004-107 SPECIAL TAX BONDS, SERIES 2005 (RAINTREE VILLAGE II PROJECT) BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS: Section 1 . Findings and Declarations. It is found and declared by the City Council of the United City of Yorkville, Kendall County, Illinois (the "City") as follows: a. The City has previously established Special Service Area Number 2004- 107 described more fully in Exhibit A to this Ordinance (the "Special Service Area") pursuant to Ordinance Number 2005-?O adopted on November 22, 2005 (the "Establishing Ordinance"), the provisions of the Special Service Area Tax Law. 35 ILCS 200/27-5 et seq., as amended (the "Special Service Area Act") and the provisions of Section 7 of Article VII of the 1970 Constitution of the State of Illinois, and has otherwise complied with all other conditions precedent required by the Special Service Area Act. b. It is necessary and in the best interests of the City to provide at this time special services benefiting the Special Service Area consisting of the acquisition, construction and installation of public improvements including, but not limited to, engineering, soil testing and appurtenant work, mass grading and demolition, storm water management facilities, storm drainage systems and storm sewers, site clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, equestrian paths and related street improvements, and equipment and materials necessary for the maintenance thereof, landscaping, wetland mitigation, public park improvements and tree installation, costs for land and easement acquisitions relating to any of the foregoing improvements, required tap-on and related fees for water or sanitary sewer services and other eligible costs to serve the Special Service Area (the "Special Services '). The City presently estimates the total cost of these Special Services together with costs of borrowing money for that purpose, funding administrative expenses and providing for necessary debt service reserves and capitalized interest (collectively, the "Costs of the Special Services") to be approximately $10,000,000. C. The City does not have sufficient funds on hand or available from other sources with which to pay the costs of the Special Services. d. It is in the best interests of the City to issue not to exceed $10,000,000 principal amount of its Special Service Area Number 2004- 107 Special Tax Bonds, CHI2_601017.4 Series 2005 (Raintree Village II Project) (the "Bonds") as provided in this Ordinance, to pay or provide funds for a portion of the Costs of the Special Services. e. The borrowing of the sum of not to exceed $ 10,000,000 and the issuance of the Bonds in that amount are for purposes constituting special services in the Special Service Area under the Special Service Area Act. f. After due publication of a notice as required by the Special Service Area Act, a public hearing to consider the establishment of the Special Service Area, the issuance of the Bonds for the purpose of paying the costs of the Special Services and the manner in which the Bonds are proposed to be retired and the proposed tax levy, was held on October 25, 2005 at 7:00 p.m. No objection petition has been filed with respect to the establishment of the Special Service Area or the issuance of the Bonds within the period of time allowed pursuant to the Special Service Area Act. Section 2. Issuance of Bonds. The City shall borrow the sum of not to exceed $10,000,000 by issuing the Bonds as provided in this Ordinance. The Bonds which shall be designated "United City of Yorkville, Kendall County, Illinois Special Service Area Number 2004-107 Special Tax Bonds, Series 2005 (Raintree Village II Project)," and shall be issued for the purpose of providing a portion of the funds needed for the Costs of the Special Services. The Bonds shall be issued pursuant to the powers of the City pursuant to Section 7 of Article VII of the 1970 Constitution of the State of Illinois; the Special Service Area Act; and the Local Government Debt Reform Act, 30 ILCS 350/1 et seq. (the "Debt Act '). Section 3. Approval of Documents. There have been submitted to the City Council forms of the following documents relating to the issuance of the Bonds: a. a form of Trust Indenture (the "Indenture") between the City and The Bank of New York Trust Company, N.A., as Trustee, to be dated as of November 1 , 2005, which form of Indenture is attached as Exhibit B to this Ordinance; b. a form of Bond Purchase Agreement (the "Bond Purchase Agreement") among the City, William Blair & Company, L.L.C., as Underwriter (the "Underwriter Concord Homes, Inc. ("Concord Homes") and Raintree Village LLC II (the "Developer") to be dated as of the date the offer of the Underwriter to purchase the Bonds is accepted by the City, which form of Bond Purchase Agreement is attached as Exhibit C to this Ordinance; C. a form of Public Improvements Agreement among the Developer, Concord Homes, Wyndham Deerpoint Homes, Creek Partners LLC and the City, which form of Public Improvements Agreement is attached as Exhibit D to this Ordinance; d. a form of the preliminary Limited Offering Memorandum (the "Limited Offering Memorandum") used by the Underwriter in its initial offering of the Bonds, which form of Limited Offering Memorandum is attached as Exhibit E to this Ordinance; 2 CHI2_601017A e. a form of the Agreement for Consulting Services by and between the Developer, David Taussig & Associates, Inc. ("Taussi¢ ') and the City which form of Agreement for Consulting Services is attached as Exhibit F to this Ordinance; and f, a form of the Agreement for Administrative Services between Taussig and the City which form of Agreement for Administrative Services is attached as Exhibit G to this Ordinance. Such documents are approved as to form and substance and the Mayor and the City Clerk of the City are authorized and directed to execute and deliver and/or authorize the use of such documents on behalf of the City in the forms submitted with such additions, deletions and completions of the same (including the establishment of the terms of the Bonds within the parameters set forth in this Ordinance) as the Mayor and the City Clerk deem appropriate; and when each such document is executed, attested, sealed and delivered on behalf of the City, as provided herein, each such document will be binding on the City; from and after the execution and delivery of each such document, the officers, employees and agents of the City are hereby authorized, empowered and directed to do all such acts and things and to execute all such additional documents as may be necessary to carry out, comply with and perform the provisions of each such document as executed; and each such document shall constitute, and hereby is made, a part of this Ordinance, and a copy of each such document shall be placed in the official records of the City, and shall be available for public inspection at the office of the City Clerk. Either the Mayor or City Clerk is authorized and directed, subject to the terms of the Bond Purchase Agreement as executed, to execute the final Limited Offering Memorandum in substantially the form of the preliminary Limited Offering Memorandum presented hereto with such changes, additions or deletions as they deem appropriate to reflect the final terms of the Bonds, the Indenture and other matters. Section 4. Bond Terms. The Bonds shall be issued as provided in the Indenture and shall be issued in the principal amount of not to exceed $10,000,000, shall be dated, shall mature, shall bear interest at the rates (not to exceed in any year seven percent (7 1/6) per annum) and shall be subject to redemption at the times and prices as set forth in the Indenture, and shall be sold to the Underwriter at a purchase price of not less than 98.5% of the principal amount of the Bonds with an original issue discount of not to exceed 2% of the principal amount of the Bonds, all as set forth in the Bond Purchase Agreement. The execution and delivery of the Bond Purchase Agreement by the Mayor and the City Clerk shall evidence their approval of the terms of the Bonds set forth above. Section 5. Execution and Delivery of Bonds. The Mayor and the City Clerk are authorized and directed to execute and deliver the Bonds and, together with other Authorized Officers (as defined in the Indenture), to take all necessary action with respect to the issuance, sale and delivery of the Bonds, all in accordance with the terms and procedures specified in this Ordinance and the Indenture. The Bonds shall be delivered to the Trustee who is directed to authenticate the Bonds and deliver the Bonds to the Underwriter upon receipt of the purchase price for the Bonds. The Bonds shall be in substantially the form set forth in the Indenture. Each Bond shall be executed by the manual or facsimile signature of the Mayor and the manual or facsimile 3 CH12_601017.4 ii signature of the City Clerk and shall have the corporate seal of the City affixed to it (or a facsimile of that seal printed on it). The Mayor and the City Clerk (if they have not already done so) are authorized and directed to file with the Illinois Secretary of State their manual signatures certified by them pursuant to the Uniform Facsimile Signatures of Public Officials Act, as amended, which shall authorize the use of their facsimile signatures to execute the Bonds. Each Bond so executed shall be as effective as if manually executed. In case any officer of the City whose signature or a facsimile of whose signature shall appear on the Bonds shall cease to be such officer before authentication and delivery of any of the Bonds, that signature or facsimile signature shall nevertheless be valid and sufficient for all purposes, the same as if the officer had remained in office until delivery. No Bond shall be valid for any purpose unless and until a certificate of authentication on that Bond substantially in the form set forth in the bond form in the Indenture shall have been duly executed by the Trustee. Execution of that certificate upon any Bond shall be conclusive evidence that the Bond has been authenticated and delivered under this Ordinance. Section 6. Bonds are Limited Obligations; Lew of Special Tax; Pledge. The Bonds shall constitute limited obligations of the City, payable from the Special Taxes (as defined below) to be levied on all taxable real property within the Special Service Area as provided below. The Bonds shall not constitute the general obligations of the City and neither the full faith and credit nor the unlimited taxing power of the City shall be pledged as security for payment of the Bonds. There are hereby levied Special Taxes upon all taxable real property within the Special Service Area in accordance with the Special Tax Roll and Report (as defined below) sufficient to pay and discharge the principal of and interest on the Bonds at maturity or mandatory sinking fund redemption dates and to pay interest on the Bonds for each year at the interest rates to be set forth in Section 2.4 of the Indenture and to pay for the Administrative Expenses (as defined in the Indenture) of the City and Kendall County, if any, for each year including specifically the following amounts for the following years (the "Special Taxes '): An Amount Sufficient Year of Levy to Produce the Sum of: 2006 $ 684,910 2007 695,178 2008 705,484 2009 716,120 2010 726,756 2011 737,632 2012 748,636 2013 759,880 2014 771 ,124 2015 782,698 2016 794,512 2017 806,454 2018 818,636 4 CH12_601017.4 An Amount Sufficient Year of Levy to Produce the Sum of: 2019 $ 830,818 2020 8435368 2021 855,918 2022 868,836 2023 8819956 2024 895,114 2025 9089602 2026 922, 128 2027 9359984 2028 95%080 2029 964,304 2030 978,768 2031 993,562 2032 1 ,008,394 2033 1 ,023,594 Pursuant to the Special Tax Roll established by the Special Tax Roll and Report prepared for the Special Service Area (the "Special Tax Roll and Report"), the Special Taxes shall be computed, extended and collected and divided among the taxable real property within the Special Service Area in accordance with the terms of the Establishing Ordinance and the Special Tax Roll and Report. It shall be the duty of the City and the City hereby covenants, annually on or before the last Tuesday of December for each of the years 2006 through 2033 to calculate or cause the Consultant appointed pursuant to the Indenture to calculate the Special Tax Requirement (as defined in the Indenture); to amend the Special Tax Roll pursuant to Section VIII of the Special Tax Roll and Report; to adopt an ordinance approving the amount of the current calendar year's Special Tax Requirement and to abate the Special Taxes levied pursuant to this Ordinance to the extent the taxes levied pursuant to this Ordinance exceed the Special Tax Requirement as calculated by the Consultant pursuant to the Establishing Ordinance and the Special Tax Roll and Report; and provide the County tax collector of Kendall County the amended Special Tax Roll. On or before the last Tuesday of January for each of the years 2007 through 2034 the City shall notify the Trustee and the Notice Beneficial Owners (as defined in the Indenture) of the amount of the Special Tax Requirement and the amount of the Special Taxes to be abated. The City shall take all actions which shall be necessary to provide for the levy, extension, collection and application of the taxes levied by this Ordinance; including enforcement, of such taxes as provided by law but only as set forth in Section 7(a) below. The Special Taxes levied as provided above shall be deposited in the Bond and Interest Fund created pursuant to the Indenture and are appropriated to and are irrevocably pledged to and shall be used only for the purposes set forth in Section 7. 1 of the Indenture. Section 7. Special Covenants. The City covenants with the holders of the Bonds from time to time outstanding that it (i) will take all actions which are necessary to be taken (and avoid any actions which it is necessary to avoid being taken) so that interest on the Bonds will not be or become included in gross income for federal income tax purposes under existing law, 5 CHI2_601017.4 including without limitation the Internal Revenue Code of 1986, as amended (the "Code"); (ii) will take all actions reasonably within its power to take which are necessary to be taken (and avoid taking any actions which are reasonably within its power to avoid taking and which are necessary to avoid) so that the interest on the Bonds will not be or become included in gross income for federal income tax purposes under the federal income tax laws as in effect from time to time; and (iii) will take no action or permit any action in the investment of the proceeds of the Bonds, amounts held under the Indenture or any other funds of the City which would result in making interest on the Bonds subject to federal income taxes by reason of causing the Bonds to be "arbitrage bonds" within the meaning of Section 148 of the Code, or direct or permit any action inconsistent with the regulations under the Code as promulgated and as amended from time to time and as applicable to the Bonds. The Mayor, City Clerk, City Treasurer and other Authorized Officers of the City are authorized and directed to take all such actions as are necessary in order to carry out the issuance and delivery of the Bonds including, without limitation, to make any representations and certifications they deem proper pertaining to the use of the proceeds of the Bonds and other moneys held under the Indenture in order to establish that the Bonds shall not constitute arbitrage bonds as so defined. The City further covenants with the holders of the Bonds from time to time outstanding that: a. it will take all actions, if any, which shall be necessary in order further to provide for the levy, extension, collection and application of the Special Taxes imposed by or pursuant to this Ordinance or the Establishing Ordinance, including enforcement of the Special Taxes by providing the County of Kendall with such information as is deemed necessary to enable it to include the property subject to the delinquent tax in the County Collector's annual tax sale and in the event the tax lien is forfeited at such tax sale by instituting foreclosure proceedings all in the manner provided by law; provided, however, that the obligation to institute any foreclosure action against any taxpayer other than a taxpayer owning at least five percent (5%) of the property in the Special Service Area shall only arise in the event the City makes the determination that the proceeds from each foreclosure action have a commercially reasonable expectation of exceeding the costs thereof; b. it will not take any action which would adversely affect the levy, extension, collection and application of the Special Taxes, except to abate the Special Taxes to the extent permitted by the Special Tax Roll and Report and as provided in this Ordinance; and C. it will comply with all present and future laws conceming the levy, extension and collection of the Special Taxes', in each case so that the City shall be able to pay the principal of and interest on the Bonds as they come due and replenish the Reserve Fund to the Reserve Requirement and it will take all actions necessary iC assure the timely collection of the Special Taxes, including without limitation, the enforcement of any delinquent Special Taxes as described in paragraph (a) above, Section 8. Additional Authority. The Mayor, the City Clerk and the other officers of the City are authorized to execute and deliver on behalf of the City such other documents, 6 CHI2_601017A agreements and certificates and to do such other things consistent with the terms of this Ordinance as such officers and employees shall deem necessary or appropriate in order to effectuate the intent and purposes of this Ordinance, including without limitation to make any representations and certifications they deem proper pertaining to the use of the proceeds of the Bonds in order to establish that the Bonds shall not constitute arbitrage bonds as defined in Section 7 above. Section 9. Filing of Ordinance. The City Clerk is directed to file a certified copy of this Ordinance, and an accurate map of the Special Service Area, with the County Clerk of Kendall County. Section 10. Severability. If any section, paragraph, clause or provision of this Ordinance (including any section, paragraph, clause or provision of any exhibit to this Ordinance) shall be held invalid, the invalidity of such section, paragraph, clause or provision shall not affect any of the other sections, paragraphs, clauses or provisions of this Ordinance (or of any of the exhibits to this Ordinance). Section 11 . Repealer: Effect of Ordinance. All ordinances, resolutions and orders or parts of ordinances, resolutions and orders in conflict with this Ordinance are repealed to the extent of such conflict. The City Clerk shall cause this Ordinance to be published in pamphlet form. This Ordinance shall be effective upon its passage and publication as provided by law. PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS this 22nd day of November, 2005.�t �1 VOTING AYE: IJAt, 11 / VOTING NAY: 1 a 'C ABSENT: ABSTAINED: NOT VOTING: APPROVED: `Mayor ATTEST: (/ le 61< 7 CHI2_601017.4 EXHIBIT A Legal Description PART OF THE SOUTHWEST QUARTER OF SECTION 3 AND PART OF THE EAST HALF OF SECTION 9 AND PART OF THE NORTHWEST QUARTER OF SECTION 10, ALL IN TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST SOUTHERLY CORNER OF LOT 110 OF RAINTREE VILLAGE UNIT ONE, ACCORDING TO THE PLAT THEREOF RECORDED JANUARY 13, 2004 AS DOCUMENT NO. 2004-00000938; THENCE THE FOLLOWING IS COURSES ALONG THE SUBDNISON LINE OF SAID UNIT ONE; 1) NORTH 470 04' 29" EAST, 33.00 FEET; 2) THENCE NORTH 420 55' 31" WEST, 90.00 FEET TO A POINT OF CURVATURE; 3) THENCE NORTHWESTERLY AND NORTHERLY ALONG A CURVE CONCAVE NORTHEASTERLY HAVING A RADIUS OF 370.00 FEET, AN ARC LENGTH OF 277.19 FEET, A CHORD BEARING OF NORTH 210 27' 45" WEST, AND A CHORD DISTANCE OF 270.76 FEET; 4)THENCE NORTH 000 00' 00" WEST, 73.86 FEET; 5) THENCE NORTH 900 00' 00" EAST, 135.00 FEET; 6) THENCE NORTH 500 53' 55" EAST, 90.20 FEET; 7) THENCE NORTH 900 00' 00" EAST, 1 1.39 FEET TO A POINT OF CURVATURE; 8) THENCE NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 67.00 FEET, AN ARC LENGTH OF 61.89 FEET, A CHORD BEARING OF NORTH 630 32' 15" EAST, AND A CHORD DISTANCE OF 59.71 FEET; 9) THENCE NORTH 370 04' 29" EAST, 566.88 FEET TO A POINT OF CURVATURE; 10) T14ENCB NORTHEASTERLY, EASTERLY AND SOUTHEASTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 158.00 FEET, AN ARC LENGTH OF 246.22 FEET, A CHORD BEARING OF NORTH 810 43' 09" EAST AND A CHORD DISTANCE OF 222.05 FEET; l l) THENCE NORTH 360 21' 48" EAST, 125,19 FEET; 12) THENCE NORTH 890 4514111 EAST, 284.11 FEET; 13) THENCE NORTH 000 1411911 WEST, 80.00 FEET; 14) THENCE SOUTH 890 45' 41 " WEST, 135.00 FEET; 15) THENCE NORTH 000 14' 190 WEST, 106.00 FEET; 16) THENCE . NORTH 890 45' 41" EAST, 201.00 FEET; 17) THENCE NORTH 000 14' 19" WEST, 58.58 FEET TO A POINT OF CURVATURE; 18) THENCE NORTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 333.00 FEET, AN ARC LENGTH OF 96.34 FEET, A CHORD BEARING OF NORTH 080 31135" WEST, AND A CHORD DISTANCE OF 96.00 FEET TO A POINT OF REVERSE CURVATURE, ALSO BEING A POINT ON A WESTERLY LINE OF RAINTREE VILLAGE UNIT TWO, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 19, 2004 AS DOCUMENT NO. 2004-00023274; THENCE THE FOLLOWING 16 COURSES ALONG THE SUBDIVISION LINE OF SAID UNIT TWO; 1) THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 4039 FEET, A CHORD BEARING OF NORTH 290 28102" EAST AND A CHORD DISTANCE OF 36.14 FEET TO A POINT OF COMPOUND CURVATURE; 2) THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 1272.00 FEET, AN ARC LENGTH OP 291.50 FEET, A CHORD BEARING OF NORTH 820 18' 51 " EAST AND A CHORD 2 � i DISTANCE OF 290.87 FEET; 3) THENCE NORTH 880 52' 46" EAST, 288.16 FEET TO A POINT OF CURVATURE; 4) THENCE EASTERLY, SOUTHEASTERLY AND SOUTHERLY ALONG A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 39.65 FEET, A CHORD BEARING OF SOUTH 450 40' 46" EAST AND A CHORD DISTANCE OF 35.63 FEET; 5) THENCE SOUTH 000 14' 19" EAST, 298.77 FEET; 6) THENCE SOUTH 890 45141 " WEST, 270.00 FEET; 7) THENCE SOUTH 710 50' 06" WEST, 69.37 FEET; 8) THENCE SOUTH 890 45141#5 WEST, 270.00 FEET; 9) THENCE SOUTH 000 14' 19" EAST, 80.00 FEET; 10) THENCE NORTH 890 45' 41" EAST, 270.00 FEET; 11) THENCE NORTH 710 50' 06" EAST, 69.37 FEET; 12) THENCE NORTH 890 45' 41" EAST, 336.00 FEET; 13) THENCE NORTH 000 14' 19" WEST, 32.51 FEET TO A POINT OF CURVATURE; 14) THENCE NORTHERLY, NORTHEASTERLY AND EASTERLY ALONG A CURVE CONCAVE SOUTHEASTERLY HAVING A RADIUS OF 25.00 FEET, AN ARC LENGTH OF 38.88 FEET, A CHORD BEARING OF NORTH 440 19' 14" EAST AND A CHORD DISTANCE OF 35,08 FEET; 15) THENCE NORTH 880 52' 46" EAST, 485.43 FEET; 16) THENCE SOUTH 010 07' 14" EAST, 626.99 FEET; THENCE NORTH 880 52' 46" EAST, 508.12 FEET TO AN EASTERLY LINE OF SAID UNIT TWO; THENCE NORTH 010 07' 14" WEST ALONG SAID EASTERLY LINE, 626.99 FEET TO THE SOUTHERLY LINE OF SAID UNIT TWO; THENCE NORTH 880 52' 46" EAST, 399.03 FEET ALONG SAID SOUTHERLY LINE, TO A POINT OF CURVATURE; THENCE EASTERLY AND j NORTHEASTERLY ALONG SAID SOUTHERLY LINE, BEING A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 390.00 FEET, AN ARC i 3 l LENGTH OF 341.45 FEET, A CHORD BEARING OF NORTH 630 47' 52" EAST, AND A CHORD DISTANCE OF 330.65 FEET; THENCE NORTH 380 42' 59" EAST, 1716.64 FEET ALONG THE SOUTHERLY LINE OF SAID UNIT TWO, AND THE SOUTHERLY LINE OF RAINTREE VILLAGE UNIT THREE, ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 199 2004 AS DOCUMENT NO. 2004- 00023275, TO A POINT ON THE CENTERLINE OF ILLINOIS ROUTE 126 THROUGH WHICH A RADIAL LINE BEARS NORTH 390 23' 36" EAST; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE, BEING A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 6875.55 FEET, AN ARC LENGTH OF 232.44 FEET, A CHORD BEARING OF SOUTH 490 38' 17" EAST AND A CHORD DISTANCE OF 232.43 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE SOUTH 000 03' 41" WEST ALONG SAID EAST LINE, 775.42 FEET TO THE NORTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH 000 06' 21 " EAST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER, 1306,31 FEET TO THE NORTH LINE OF PARCEL ONE AS DESCRIBED BY DOCUMENT NO. 78.2764; THENCE SOUTH 880 52' 46" WEST ALONG SAID NORTH LINE, 2654.27 '.. FEET TO THE NORTHWEST CORNER OF SAID PARCEL ONE, ALSO BEING A POINT ON THE WEST LINE OF THE NORTHWEST QUARTER OF SAID SECTION 10; THENCE SOUTH 000 14' 19" EAST ALONG SAID WEST LINE, 1317.03 FEET TO THE WEST QUARTER CORNER OF SAID SECTION 10; THENCE SOUTH 000 02' 59" EAST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION, 659.40 FEET TO THE 4 SOUTHEASTERLY PROJECTION OF THE EASTERLY LINE OF WINDETT RIDGE SUBDIVISION UNIT 1, ACCORDING TO THE PLAT THEREOF RECORDED FEBRUARY 13, 2004 AS DOCUMENT NO. 2004.00003630; THENCE NORTH 520 55' 31" WEST ALONG SAID EASTERLY LINE, 2643.92 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS (CONTAINING 157.763 t ACRES) I i I I RAINTREE UNIT 5 Underlying number 0509-200-016 05-09-200-019 05-09.200-021 05-09.200-023 PARCEL NUMBER LOTNUMBER 05-09.232-006 338 05.09-232.005 339 05.09-232-004 340 0509-232-003 341 0509.232-002 342 05-09-232-001 343 05-09-231-006 - 344 05-09.231-005 345 05-09-231-004 346 05-09-231-003 347 05-09-231-002 348 05.09.231-001 349 0509-226.003 350 05-09-233-003 351 0509-233-001 352 05-09-213-008 363 05-09-213-007 354 05-09-213-006 355 05-09-213-005 356 06.09-213-004 357 05-09.213-003 356 05-09-213-002 359 05-09-213-001 360 0"9-211-009 381 05.09-211-010 362 0509-211-011 363 05-09-211-012 364 05.09-211-013 305 05.09215-001 388 06-09-215-002 367 05-09-215003 368 05.09-215-004 369 05-09.215-005 370 0"9-215-006 371 05-09-218-005 372 0509-215-004 373 0509-237-015 374 06-09-237-014 375 0"9-237-013 376 05-09237-012 377 0"9-237-011 378 05-09-237-010 379 6 i I I 0509-237-009 380 05-09-237-008 381 05-09-237-007 382 0509-237.006 383 0509-237-005 384 05-09-237.004 385 05-09-237-003 388 05-09-237-002 387 05.09-237.001 388 05-09.216-M 389 05-09-216-002 39g 05.09.218-001 391 05-09-214.013 392 05-09-214-012 393 06.09-214-011 394 05-09-214-010 395 0509-214-009 396 06 09-214-008 397 05-09-230-006 396 0"9.238-005 399 0509.236-004 400 05-09-236-003 401 05-09-236-002 402 05-09-236-M 403 05.09.214-007 404 05-09-214-006 405 05-09-214.005 406 05-09-214.004 407 05-09-214-003 408. 05-09-214-002 409 05-09-214-001 410 05.09-213-017 411 05.09-213-016 412 0509-213-015 413 05-09-213-014 414 05.09-213.013 415 0509-213-012 416 05-09.213-011 417 05-09.213.010 418 05-09-213.009 419 05-09-233.002 420 05.09-233.004 421 05-09-234-001 422 05.09.234.002 423 0509434.003 424 05.09-234-004 425 0509-234-005 426 05-09-234-006 427 05-09-234-007 420 0509-234.000 429 0509-234-009 430 j 05-09-234-010 431 7 �i W-09-235-001 432 05-09-235-002 433 05-09-235-003 434 0"9-236-004 435 0"9.235-005 436 05-09-235-006 437 D5-09-235.007 438 UNIT 4 06-10.100-004 05.10-100-006 06-03-300-016 UNIT 6 05-09.200-006 05-09-200-007 05-10.100-004 8