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Ordinance 2003-55 i D C/r 6 United City of Yorkville County Seat of Kendall County Es7 1836 800 Game Farm Road 0 Yorkville, Illinois 60560 1a.7 . p Phone: 630.553-4350 'Q Z Fax: 630-553,7575 V � ILE INV CERTIFIED COPY AFFIDAVIT I, Jacquelyn Milschewski, City 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 filed in my office on� Dated this wl' day of 20030 q yn Mi%phewski, City Clerk SEAL UNITED CITY OF YORKVILLE KENDALL COUNTY STATE OF ILLINOIS ORDINANCE NUMBER 2003-55 AN ORDINANCE PROVIDING FOR ISSUANCE OF UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SPECIAL SERVICE AREA NUMBER 2003 - 100 SPECIAL TAX BONDS , SERIES 2003 (RAINTREE VILLAGE PROJECT) ADOPTED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE KENDALL COUNTY STATE OF ILLINOIS The 12th day of August, 2003 Published in pamphlet form by authority of the City Council of the United City of Yorkville, Kendall County, Illinois this 12th day of August, 2003 . 011 . 1136665.5 ORDINANCE NO* 2003-55 AN ORDINANCE PROVIDING FOR ISSUANCE OF UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS SPECIAL SERVICE AREA NUMBER 2003=100 SPECIAL TAX BONDS, SERIES 2003 (RAINTREE VILLAGE 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 2003 - 100 described more fully in Exhibit A to this Ordinance (the "Special Service Area") pursuant to Ordinance Number 2003 -54 adopted on August 12, 2003 (the "Bstablishin 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 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") . Special Services shall not include any annexation fees associated with the Special Service Area. 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 $75100,000 . 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 $7, 300,000 principal amount of its Special Service Area Number 2003400 Special Tax Bonds, 011 . 1136665. 5 Series 2003 (Raintree Village 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 $7,300,000 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 July 8 , 2003 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 $7, 300,000 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 2003 - 100 Special Tax Bonds, Series 2003 (Raintree Village 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 BNY Midwest Trust Company, as Trustee, to be dated as of August 1 , 2003 , 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"), and Raintree Village L.L .C . (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 Infrastructure Agreement among the City, the Developer and Wyndham Deerpoint Homes, which form of Public Infrastructure 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 ; 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 2 011 . 1136665. 5 f. a form of the Agreement for Administration Services between Taussig and the City which form of Agreement for Administration 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 $7,300,000, shall be dated, shall mature, shall bear interest at the rates (not to exceed in any year seven percent (7 0/6) 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 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 3 011 , 1136665.5 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, 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 (assuming an interest rate of 7% per annum) 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 Lew to Produce the Sum of. 2004 $ 570,896 2005 5799384 2006 588,072 2007 596,848 2008 6059824 2009 614 ,800 2010 6249064 2011 633 ,328 2012 6425880 2013 652 ,432 2014 6629184 2015 672,224 2016 6823264 2017 692,592 2018 702,920 2019 713 ,536 4 011 . 1136665.5 i An Amount Sufficient Year of Levy to Produce the Sum of. Q. 2020 724, 152 2021 7359056 2022 746, 160 2023 757,352 2024 768 ,744 2025 7809224 2026 7919904 2027 803 ,872 2028 815 ,840 2029 8289096 2030 8402552 2031 8539096 Pursuant to the Special Tax Roll established by the Special Tax Roll and Report prepared for the Special Service Area and established in the Establishing Ordinance (the "Special Tax Roll and Report"), the Special Taxes shall be computed, extended and collected in accordance with the Special Tax Roll and Report, 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 2003 through 2031 to calculate or cause the Consultant appointed pursuant to the Indenture to calculate the Special Tax Requirement (as defined in the Special Tax Roll and Report); 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 City 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 2004 through 2032 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 (1) 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, 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 5 011 . 1136665.5 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 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; bo 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 concerning 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 to 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, 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 6 011 . 1136665. 5 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 Service Area, with file the County Clerk of this Ordinance, and an accurate map of the Special 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 . Reuealers Effect of Ordinance. All ordinancesd Ordinance are and the parts of ordinances, resolutions and orders in conflict with this Or 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 12th day August, PAUL JAMES MARTY MUNNS RICHARD STICKA WANDA O'HARE VALERIE BURR _ ROSE SPEARS LARRY KOT JOSEPH BESCO PASSED AND APPROVED this � day o , 20030 2 Mayor ATTEST: 1 • c [SEAL) 7 011 . 1136665.5 Exhibit A SSA NORTH - THE HIGHLANDS PART OF THE SOUTHWEST QUARTER OF SECTION 3 AND PART OF THE SOUTH HALF OF SECTION 4 AND PART 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 INTERSECTION OF THE CENTERLINE OF ILLINOIS STATE ROUTE N0. 71 WITH THE EASTERLY •LINE OF THE ABANDONED RIGHT OF WAY OF THE FOX AND ILLINOIS UNION RAILWAY COMPANY; THENCE SOUTH 12 ' 43 ' 53 " EAST ALONG SAID EASTERLY LINE, 1102 .34 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID EASTERLY LINE BEING A CURVE CONCAVE WESTERLY HAVIN G A . RADIUS OF 1644.91 FEET, AN ARC LENGTH OF 540.21 FEET, A CHORD BEARING OF SOUTH 03 ' 19' 23" EAST AND A CHORD DISTANCE OF 537.78 FEET; THENCE SOUTH 06 ' 05 ' 07" WEST ALONG SAID EASTERLY LINE, 27 . 35 FEET TO A POINT OF CURVATURE; THENCE SOUTHERLY ALONG SAID EASTERLY LINE, BEING A CURVE CONCAVE EASTERLY HAVING A RADIUS OF 1607 .46 FEET, AN ARC LENGTH OF 131 . 61 FEET, A CHORD BEARING OF SOUTH 03 ' 44 ' 23 " WEST AND A CHORD DISTANCE OF 131 .57 FEET TO A SOUTHWESTERLY LINE OF "OAK HILL FARM" AS SHOWN ON A PLAT RECORDED IN PLAT BOOK 5 AT PAGE 16 AND NOW IN CABINET OF PLATS AT SLOT 303 ; THENCE SOUTH 76 ' 53 ' 04" EAST ALONG SAID SOUTHWESTERLY LINE, 599 . 82 FEET TO AN ANGLE POINT IN SAID; SOUTHWESTERLY LINE; THENCE SOUTH 52 ' 55 ' 31 " EAST ALONG A SOUTHWESTERLY LINE OF SAID "OAK HILL FARM", 947 .27 FEET ; THENCE NORTH 47' 04 ' 29" EAST, 33 .00 FEET; THENCE NORTH 42' 55 ' 31 " WEST, 90.00 FEET TO A POINT OF CURVATURE; 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 21 ' 27' 45" WEST, AND A CHORD DISTANCE OF 270976 FEET$ THENCE NORTH 00' 00 ' 00" WEST, 73 . 86 FEET; THENCE NORTH 90' 00' 00" EAST; 135 .00 FEET ; THENCE NORTH 50' 53 ' 55" EAST, 90 .20 FEET; THENCE NORTH 90' 00 ' 00" EAST, 11 .39 FEET TO A POINT OF CURVATURE; 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 63 ' 32' 15" EAST, AND A CHORD DISTANCE OF 59:71 FEET; THENCE NORTH 37' 04 ' 29" EAST, 566 .88 FEET TO A POINT OF CURVATURE; THENCE NORTHEASTERLY, EASTERLY AND SOU'T'HEASTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 158 ,00 FEET, AN ARC LENGTH OF 246 .22 FEET, A CHORD BEARING OF NORTH 81 ' 43 ' 09" EAST AND A CHORD DISTANCE OF 22105 FEET; THENCE NORTH 36' 21 ' 4892 EAST, 125019 FEET; THENCE NORTH 89' 45 ' 42" EAST, 284 . 11 FEET ; THENCE NORTH 00' 14' 18" WEST, 80 .00 FEET; THENCE SOUTH 89' 45 ' 42" WEST, 135 .00 FEET; THENCE NORTH 00' 14 ' 18" WEST, 106 .00 FEET; THENCE NORTH 89' 45 ' 42" EAST, 201 ,00 FEET; THENCE NORTH 00' 14 ' 18" WEST, 58 .58 FEET TO A POINT OF CURVATURE; THENCE 2 ' IV NORTHERLY ALONG A CURVE CONCAVE WESTERLY HAVING A RADIUS OF 333 .00 FEET, AN ARC LENGTH OF 100.21 FEET, A CHORD BEARING OF NORTH 084 51 ' 33" WEST, AND A CHORD DISTANCE OF 99. 83 FEET; THENCE NORTH 17 ' 28 ' 47" WEST, 22 .02 FEET TO A POINT ON A CURVE THROUGH WHICH A RADIAL LINE BEARS NORTH 15 ' 26127 WEST; THENCE EASTERLY ALONG A CURVE CONCAVE SOUTHERLY HAVING A R.IDIUS OF 1272 .00 FEET, AN ARC LENGTH OF 317 .92 FEET, A CHORD BEARING OF NORTH 81 ' 43 ' 10" EAST AND A CHORD DISTANCE OF 317 .09 FEET; THENCE NORTH 88' 52' 46" EAST, 313 .55 FEET; THENCE SOUTH 00' 14 ' 18" EAST, 324. 16 FEET; THENCE SOUTH 89' 45 ' 42" WEST, 270.00 FEET; THENCE SOUTH 71 ' 50' 06" WEST, 69 .37 FEET; THENCE SOUTH 89' 45 ' 42" WEST, 270.00 FEET; THENCE SOUTH 00' 14' 18" EAST, 80.00 FEET; THENCE NORTH 89' 45 ' 42" EAST, 270.00 FEET; THENCE NORTH 71 ' 50' 06" EAST, 69.37 FEET; THENCE NORTH 89' 45 ' 42" EAST, 336900 FEET; THENCE NORTH 00' 14 ' 18 " WEST, 57. 13 FEET; THENCE NORTH 88 ' 52' 46" EAST, 510.04 FEET ; THENCE SOUTH .01 ' 07 ' 14" EAST, 626.99 FEET; THENCE NORTH 88 ' 52' 46" EAST, 508 . 12 FEET; THENCE NORTH 01 ' 07' 14" WEST, 626. 99 FEET; THENCE NORTH 88 ' 52 ' 46" EAST, 399 .03 FEET TO A POINT OF CURVATURE; THENCE EASTERLY AND NORTHEASTERLY ALONG A CURVE CONCAVE NORTHWESTERLY HAVING A RADIUS OF 390 .00 FEET, AN ARC LENGTH OF 341 .45 FEET, A CHORD BEARING OF NORTH 63 ' 47 ' 52" EAST, AND A CHORD DISTANCE OF 330.65 FEET; THENCE NORTH 38 ' 4215911 EAST, 1716 .64 FEET TO A POINT ON THE CENTERLINE OF ILLINOIS ROUTE 126 THROUGH WHICH A RADIAL LINE BEARS NORTH 39' 23 ' 36" EAST; 3 THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING A CURVE CONCAVE SOUTHWESTERLY HAVING A RADIUS OF 6875 .55 FEET, AN ARC LENGTH OF 134 . 09 FEET, A CHORD BEARING OF NORTH 51 ' 09 ' 55" WEST AND A CHORD DISTANCE OF 134. 09 FEET ; THENCE NORTH 51 ' 47' 55" WEST ALONG SAID CENTERLINE, 345070 FEET TO A POINT OF CURVATURE THROUGH WHICH A RADIAL LINE BEARS NORTH 38 ' 01 ' 36" EAST; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING A CURVE CONCAVE i SOUTHWESTERLY HAVING A RADIUS OF 2292935 FEET, AN ARC LENGTH OF 338 . 16 FEET, A CHORD BEARING OF NORTH 56' 11 ' 58" WEST, AND A CHORD DISTANCE OF 337. 86 FEET; THENCE SOUTH 33 ' 30' 34" WEST, 542.27 FEET; THENCE SOUTH 62' 39 ' 08 " WEST, 853 .57 FEET; THENCE SOUTH 59' 51 ' 04" WEST, 355 .65 FEET; THENCE NORTH 59' 30' 15" WEST, 256.51 FEET; THENCE NORTH 0.1 ' 47 ' 11 " EAST; 402. 10 FEET TO AN OLD CLAIM LINE; THENCE SOUTH 57' 54144" WEST ALONG SAID OLD CLAIM LINE, 299 . 00 FEET TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 3 , ALSO BEING A POINT ON THE SOUTHEASTERLY LINE OF COUNTRY HILLS SUBDIVISION PHASE ONE TO THE CITY OF YORKVILLE, ILLINOIS ; THENCE SOUTH 55 ' 21 ' 32" WEST, ALONG SAID SOUTHEASTERLY LINE AND ITS WESTERLY EXTENSION, 1408 .23 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4 ; THENCE SOUTH 55 ' 44 ' 12" WEST, 911 .49 FEET; THENCE NORTH 23 ' 49' 34" WEST, ALONG THE EXTENSION OF AND THE SOUTHWESTERLY LINE OF SAID COUNTRY HILLS SUBDIVISION, 1785 .26 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE N0. 71 ; 4 THENCE SOUTH 72 ' 0215991 WEST ALONG SAID CENTERLINE, 428 .59 FEET TO THE NORTHEASTERLY CORNER OF THE GREENAWALT TRACT DESCRIBED IN A QUIT CLAIM DEED RECORDED AS DOCUMENT NO. 9507730 ON SEPTEMBER 25 , 1995 ; THENCE SOUTH 23 ' 55 ' 01 " EAST ALONG THE EASTERLY LINE OF SAID GREENAWALT TRACT, 440480 FEET; THENCE SOUTH 72' 02 ' 59" WEST ALONG THE SOUTHERLY LINE OF SAID GREENAWALT TRACT, 644.00 FEET; THENCE NORTH 23' 55 ' 01 " WEST ALONG THE WESTERLY LINE OF SAID GREENAWALT TRACT, 440• $0 FEET TO SAID CENTERLINE OF ILLINOIS STATE ROUTE N0. 71 ; THENCE SOUTH 72' 02 ' 59" WEST ALONG SAID CENTERLINE, 46.36 FEET TO THE POINT OF BEGINNING, IN KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS (CONTAINING 1626625 t ACRES) I 5 Exhibit B See Tab 8 011 . 1136665. 5 Exhibit C See Tab 9 011 . 1136665. 5 Exhibit D See Tab 17 011 . 1135665. 5 Exhibit E See Tab 10 011 . 1136665. 5 Exhibit F See Tab 15 011 . 1136665.5 Exhibit G See Tab 16 011 . 1136665.5 i ! ! UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS i $7, 150,000 SPECIAL SERVICE AREA NUMBER 2003 400 SPECIAL TAX BONDS, SERIES 2003 (RAINTREE VILLAGE PROJECT) CERTIFICATE OF FILING OF BOND ORDINANCE I I, Paul Anderson, certify that I am the duly elected, qualified and acting County Clerk of Kendall County, Illinois, and as such official I further certify that a copy certified by the City Clerk of the United City of Yorkville of Ordinance Number 2003 -55 entitled "An Ordinance Providing for Issuance of United City of Yorkville, Kendall County, Illinois Special Service Area Number 2003 - 100 Special Tax Bonds, Series 2003 (Raintree Village Project)" adopted on August 12, 2003 was filed for record in my office on September /, 2003 . A j i certified copy of such Ordinance as so filed in my office is attached to this Certificate. i IN WITNESS WHEREOF, I have signed this certificate and affixed my seal of office hereto this ZLaday of September, 2003 . County Clerk Kendall County, Illinois (SEAL) i I I i 011 . 537353. 1