Ordinance 2006-108 led o X
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KENDA COUN r ILLINOIS
STATE 00 O �LLINOIS ) PAU AN 0 N
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COUNTY OF KENDALL ) 10.00
Filed for Record in
KENDAL_L_ COUNT` Y ILLINOI5
PAUL ANDERE'
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ORDINANCE '
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ORDINANCE NO.2006- �O
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
(North Star Parcel A)
WHEREAS, it is prudent and in the best interest of the UNITED CITY OF
YORKVILLE, Kendall County, Illinois, that a certain Annexation Agreement pertaining
to the annexation of real estate described on the Exhibit "A" attached hereto and made a
part hereof entered into by the UNITED CITY OF YORKVILLE; and
WHEREAS, said Annexation Agreement has been drafted and has been considered
by the City Council; and
WHEREAS, the legal owners of record of the territory which is the subject of said
Agreement are ready, willing and able to enter into said Agreement and to perform the
obligations as required hereunder; and
WHEREAS, the statutory procedures provided in 65 ILCS 11- 15.1.1, as amended,
for the execution of said Annexation Agreement has been fully complied with; and
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WHEREAS, the property is presently contiguous to the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY,
ILLINOIS, AS FOLLOWS;
Section 1: The Mayor and the City Clerk are herewith authorized and directed to
execute, on behalf of the City, an Annexation Agreement concerning the annexation of
the real estate described therein, a copy of which Annexation Agreement is attached
hereto and made a part hereof.
Section 2: This ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
JAMES BOCK JOSEPH BESCO
VALERIE BURD PAUL JAMES cam,
DEAN WOLFER MARTY MUNNS
ROSE SPEARS JASON LESLIE VNI
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of , A.D. 2006.
sf - i
MAYOR
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Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this ZV day of , A.D. 2006.
ATTEST: l
CITY CLERK
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Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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0/28/06
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ANNEXATION AGREEMENT,
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THIS ANNEXATION AGREEMENT, including all Exhibits and attachments
( "Agreement "), is made and entered into as of the day of =nm , 2006 by and
between North Star Trust Company as trustee under trust agreement d d August 8, 2006 and
known as trust number 06 -9993, (referred to as "OWNER") and the UNITED CITY OF
YORKVILLE (hereafter referred to as "CITY "), a municipal corporation organized and existing
under and by virtue of the laws of the State of Illinois by and through its Mayor and Alderman
( "Corporate Authorities "). OWNER and CITY are sometimes hereinafter referred to
individually as a "Party" and collectively as the "Parties ".
RECITALS:
A. OWNER is the owner of record of the real estate legally described on Exhibit "A"
attached hereto ( "hereafter referred to as "Subject Property ") and consists of approximately 15
acres.
B. OWNER desires to annex the Subject Property to CITY. The Subject Property is
contiguous with the existing corporate limits of CITY and is not within the boundary of any
other municipality.
C. 1. The Subject Property is located within the Bristol Kendall Fire Protection
District and the Fox Township Road District and will remain within the jurisdiction of the Bristol
Kendall Fire Protection District and, upon annexation, will be served by CITY'S public library.
The Subject Property adjoins, abuts, and is contiguous to a portion of a certain right -of -way
known as Highpoint Road and Illinois Route 71.
2. The Subject Property constitutes territory that is contiguous to and may be
annexed to the City, as provided under §7 -1 -1, et seq., of the Illinois Municipal Code (65 ILCS
5/7 -1 -1, et seq.).
D. The Owner desires to have the Subject Property annexed to the City on the terms
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and conditions provided herein.
E. All public hearings, required by law, have been duly held by the appropriate
hearing bodies of CITY upon the matters covered by this Agreement. Pursuant to the provisions
of 65 ILCS 5/11- 15.1 -1, and 65 ILCS 5/11- 15.1 -3 et seq. a proposed Annexation Agreement in
substance and form the same as this Agreement was submitted to the Corporate Authorities and a
public hearing was held thereon pursuant to notice, all as provided by statute and the ordinances
of the City.
F. CITY and OWNER have given all appropriate notices due to be given pursuant to
applicable provisions of the Illinois Compiled Statutes and CITY ordinances. The township
highway commissioner, fire protection district, library district, and other entities or persons
entitled to notice prior to annexation of the Subject Property to the City have been given notice
thereof by the City as required by law.
G. The Corporate Authorities, after due and careful consideration, have concluded
that the annexation and rezoning of the Subject Property as provided for herein will inure to the
benefit and improvement to CITY in that it will increase the taxable value of the real property
within its corporate limits, promote the sound planning and development of CITY and will
otherwise enhance and promote the general welfare of the people of CITY.
H. It is the desire of CITY and OWNER that the annexation and use of the Subject
Property proceed, in accordance with the terms and provisions of the Agreement, and be subject
to the applicable ordinances, codes and regulations of CITY now in force and effect, except as
otherwise provided in this Agreement.
I. CITY's Plan Commission has considered the Petition, and the corporate
authorities of CITY have heretofore approved the proposed land use and the zoning of the
Subject Property as proposed by OWNER.
NOW, THEREFORE, in consideration of the foregoing preambles and mutual covenants
and agreements contained herein, the Parties hereto agree to enter into this Agreement upon the
following terms and conditions:
1. ANNEXATION.
A. This Agreement is made pursuant to and in accordance with the provisions of 65
ILCS 5/11- 15.1 -1, of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes,); that
said State of Illinois statutory provisions provide for annexation agreements to be entered into
between owners of record and municipalities; that all of the requirements of the Illinois
Compiled Statutes ( "Statutes ") and specifically Sections 65 ILCS 5/11- 15.1 -2 and 65 ILCS 5/11-
15.1-3 et. seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes, in regard
to publication and notice have been met prior to the date fixed for the hearing on the proposed
Agreement.
B. The Owners have filed with the City Clerk a Petition for Annexation for the
Subject Property to the United City of Yorkville, conditioned on the terms and provisions of this
Agreement, which petition has been prepared, executed, and filed in accordance with 65 ILCS
5/7 -1 -8 and 65 ILCS 5/7 -1 -1, and the ordinances and other requirements of the City.
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C. Upon the execution of this Agreement by the OWNER, CITY shall execute this
Agreement and enact ordinances necessary to annex the Subject Property into the corporate
limits of CITY pursuant to the Petition for Annexation and subject to the terms of this
Agreement. It is agreed that City will promptly record the enacted annexation ordinance and any
required plats with the Kendall County Recorder's Office and will file same with the Kendall
County Clerk's Office.
D. If for any reason and at any time the annexation of the Subject Property to CITY
is legally challenged by any person or entity by an action at law or in equity, CITY shall: (i)
cooperate with the OWNER in the vigorous defense of such action through all proceedings,
including any appeals; and (ii) take such other actions as may then or thereafter be possible
pursuant to the Illinois Municipal Code to annex the Subject Property and/or other properties to
CITY so that the annexation of Subject Property to CITY can be sustained and/or effected.
2. ZONING. Contemporaneously with the annexation of the Subject Property and
the execution of this Agreement, the Corporate Authorities shall adopt such ordinances as may
be necessary and appropriate to classify the Subject Property as B -3 Service Business District.
The zoning map of CITY shall thereupon be modified to reflect the classification of the Subject
Property as aforesaid.
Since, prior to the date of this Agreement, all public hearings necessary to enable the City
to lawfully grant said zoning classification as to the Subject Property were properly convened
and conducted upon prior notice, no further action needs to be taken by Owner to cause Subject
Property to have the zoning classification B -3 Service Business once the Subject Property is
annexed to City. All or any portion of the Subject Property may be used for farming and
ancillary uses, provided, however, should construction commence on a portion of the Subject
Property for which a development plan has been approved, then farming and ancillary uses shall
cease on that portion where construction has commenced.
City agrees, upon request of the Owner to conduct any and all necessary hearings to rezone and
or reclassify the zoning of the Subject Property. Said rezoning shall not require an amendment
to this Agreement.
3. FEES, DONATIONS AND CONTRIBUTIONS. Owner shall not be required to
donate any land or money to City, except as expressly provided herein. City agrees to the
following:
A. City hereby waives any requirements under existing City ordinances that would
compel Owner to pay any fee and/or to donate any land pursuant to the school district land cash
ordinance and the park district land cash ordinance, provided, however, that for each portion of
the Subject Property that is covered by a residential Final Plat of Subdivision that City is called
upon to approve, upon such approval City's waiver of the application of the school district land
cash ordinance and the park district land cash ordinance shall terminate as to such platted
property.
B. City hereby waives any requirements under existing City ordinances that would
compel Owner to pay any City development fees and any City municipal building fees, provided,
however, that for each portion of the Subject Property that is covered by a Final Plat of
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Subdivision that City is called upon to approve, upon such approval, City's waiver of the
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application of such ordinances shall terminate as to such platted property.
warrants to OWNER that OWNER shall not
4. RECAPTURE. CITY represents and
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become liable to CITY or any other party for recapture upon the annexation and/or future
development of the SUBJECT PROPERTY for any existing sewer or water lines or storm water
lines and/or storage facilities that may serve the SUBJECT PROPERTY; provided, however,
subject to the terms of this Agreement, OWNER shall be responsible to pay applicable sewer and
water connection fees.
5. STORM WATER FACILITIES, Until such future time when Owner shall seek to
subdivide and further develop the Subject Property, Owner shall not provide for storm water
drainage and the retention/detention thereof upon and from the Subject Property. However, for
each portion of the Subject Property that is covered hereafter by a Final Plat of Subdivision the
City storm water facilities ordinances shall apply.
6. AMENDMENTS TO ORDINANCES.,
A. For a period of seven (7) years following the date of this agreement, any 1
ordinances, regulations or codes which are subsequently enacted by CITY shall not be applied to
the development of the Subject Property except upon the written consent of OWNER. {
Nevertheless, in the event CITY is required to modify, amend or enact any ordinance or
regulation and to apply the same to the Subject Property pursuant to the express and specific
mandate of any superior governmental authority, and applicable generally within CITY and not
specifically to the SUBJECT PROPERTY, such ordinance or regulation shall apply to the
Subject Property, requiring owner's compliance, provided, however, that any so called
"grandfather" provision contained in such superior governmental mandate which would serve to
exempt or delay implementation against the Subject Property shall be given full force and effect.
Nothing herein shall be construed as to prevent OWNER from contesting or challenging any
such mandate of any superior governmental authority at the sole cost of OWNER in any way
legally possible, including, without limitation, by challenging such mandate on its face or as
applied to the Subject Property in any administrative or judicial forum having jurisdiction,
B. Notwithstanding any of the terms of provisions of this Agreement, no change,
modification or enactment of any ordinance, code or regulation, so long as they do not affect
CITY's ISO insurance rating, shall be applied following the execution of this Agreement so as
to: (i) affect the zoning classifications of the Subject Property, (ii) affect the uses permitted
under the Zoning Ordinances of CITY specified under this Agreement, or (iii) interpret any
CITY ordinance in a way so as to prevent OWNER or OWNER'S assigns from developing the
Subject Property or any portion thereof in accordance with this Agreement. Except as modified
by the previous sentence and the provisions hereof or other terms and provisions of this
Agreement, OWNER shall comply in all respects with the conditions and requirements of all
ordinances of CITY, applicable to the Subject Property and all property similarly situated and
zoned within CITY as such ordinances may exist from time to time subsequent to annexation to
CITY, provided, however, notwithstanding any other provision of this Agreement, if there are
ordinances, resolutions, regulations, or codes or changes thereto which are less restrictive in their
application to similarly situated and zoned lands, then OWNER, at OWNER'S election, shall be
entitled to application of such less restrictive ordinances, regulations and/or codes to the Subject
Property or any portion thereof.
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C. OWNER and all successor parties in interest to the Subject Property or any part
thereof shall be entitled to take advantage immediately of any future amendment(s) to CITY'S
ordinances, regulations, resolutions and/or codes that establish provisions that are less restrictive
than the provisions of CITY'S current codes in effect as of the effective date of this Agreement
so long as such less restrictive provisions do not frustrate the purpose of this Agreement or the
intent of the parties relative to the development of the Subject Property. In the event of any
conflict between the provisions of this Agreement, and the ordinances, codes, regulations and
resolutions of CITY, the provisions of this Agreement shall control over the provisions of any
ordinances, codes, regulations and resolutions of CITY.
7. BUILDING CODE. All deletions or additions to the building codes of CITY
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pertaining to life /safety considerations adopted after the date of this Agreement shall be
applicable to the Subject Property upon the expiration of the twelfth (12 month following the
effective date of such deletion or addition or any time thereafter.
8. FEES AND CHARGES.. During the first seven (7) years of the term of this
Agreement, CITY shall impose upon and collect from OWNER and OWNER'S respective
contractors and suppliers, and successors and assigns only those permit, license, tap on and
connection fees and charges, in such amounts or at such rates, as are in effect on the date of this
Agreement and as are generally applied throughout CITY.
9. SPECIAL ASSESSMENT OR SPECIAL USE. Any special assessment or special
use district imposed by CITY shall not be effective against the Subject Property without
OWNER'S prior written consent.
10. LIMITATIONS. In no event, including, without limitation, the exercise of the
authority granted in Chapter 65, Section 5/11 -12 -8 of the Illinois Compiled Statutes. (2002 ed.),
shall CITY require that any part of the Subject Property be designated for Public purposes,
except as otherwise expressly provided in this agreement.
11. RECAPTURE AGREEMENTS., There are currently no recapture agreements or
recapture ordinances affecting public utilities which may be utilized to service the Subject
Property of which CITY has any knowledge, or under which CITY is or will be required to
collect recapture amounts from OWNER or OWNER'S successors, upon connection of the
Subject Property to any of such public utilities, nor does CITY have any knowledge of any
pending or contemplated request for approval of any such recapture agreement or ordinance
which will affect the Subject Property.
12. YORKVILLE BRISTOL SANITARY DISTRICT.. Owner shall have no
obligation to annex the Subject Property or any part thereof to the Yorkville Bristol Sanitary
District, provided however, that for each portion of the Subject Property that is covered by a
Final Plat of Subdivision that City is called upon to approve, City may require, as a condition of
approval, that the property which is the subject of the Final Plat be annexed to a sanitary district
capable of serving the property.
13. CONFLICT IN REGULATIONS, The provisions of this Agreement shall
supersede the provisions of any ordinance, code, or regulation of CITY which may be in conflict
with the provisions of the Agreement.
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14. TRANSFER. It is specifically understood and agreed that OWNER and
OWNER'S successors and assigns shall have the right to sell, transfer, mortgage and assign all
or any part of the Subject Property or any part thereof and the improvements thereon to other
persons, trusts, partnerships, firms, or corporations for ownership, operation, investment,
building, financing, developing, construction and all such purposes, and that said persons, trusts,
partnerships, firms or corporations shall be entitled to the same rights and privileges and shall
have the same obligations as OWNER has under this Agreement, and upon such transfer, such
obligations relating to that part of the Subject Property sold, transferred, mortgaged or assigned
shall be the sole obligation of the transferees, and transferor shall be relieved of all duties and
obligations hereunder relating to that portion of the Subject Property, or part thereof so sold,
transferred or assigned.
15. CITY ASSISTANCE. CITY agrees to cooperate and provide any reasonable
assistance requested by OWNER in applying for and obtaining any and all approvals or permits
necessary for the development of the Subject Property, including, but not limited to those
required from the IEPA, the Army Corps of Engineers, the Federal Emergency Management
Agency, IDOT, the Illinois Department of Natural Resources, and Fox Township. CITY further
agrees to reasonably cooperate with OWNER in obtaining all permits and approvals required by
the County of Kendall and all other governmental units in connection with the eventual
development of the Subject Property.
16. GENERAL PROVISIONS.
A. Enforcement.
1. This Agreement shall be enforceable in the Circuit Court of Kendall
County by any of the parties of their successors or assigns by an appropriate action at law or in
equity to secure the performance of the covenants and agreements contained herein, including
the specific performance of this Agreement. This Agreement shall be governed by the laws of
the State of Illinois.
2. In the event of a material breach of this Agreement, the parties agree that
the defaulting party shall have thirty (30) days after notice of said breach to correct the same
prior to the nonbreaching party's seeking of any remedy provided herein; provided, however: (i)
any breach by OWNER reasonably determined by CITY to involve health or safety issues may
be the subject of immediate action by CITY without notice or thirty (30) day delay; and (ii) if the
cure for any breach that does not involve health or safety issues cannot reasonably be achieved
within thirty (30) days, the cure period shall be extended provided the breaching party
commences the cure of such breach within the original thirty (30) day period and diligently
pursues such cure to completion thereafter.
3. In the event the performance of any covenant to be performed hereunder
by either OWNER or CITY is delayed for causes which are beyond the reasonable control of the
party responsible for such performance (which causes shall include, but not limited to, acts of
God; inclement weather conditions; strikes; material shortages; lockouts; the revocation,
suspension, or inability to secure any necessary governmental permit, other than a CITY license
or permit; and any similar case) the time for such performance shall be extended by the amount
of time of such delay.
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4. The failure of the parties to insist upon the strict and prompt performance
of the terms, covenants, agreements, and conditions herein contained, or any of them, upon any
other party imposed, shall not constitute or be construed as a waiver or relinquishment of any
party's right thereafter to enforce any such term, covenant, agreement, or condition, but the same
shall continue in full force and effect.
B. Successors and Assigns. This Agreement shall inure to the benefit of and be
binding upon the OWNER and its successors in title and interest, and upon CITY, and any
successor municipalities of CITY. It is understood and agreed that this Agreement shall run with
the land and as such, shall be assignable to and binding upon subsequent grantees and successors
in interest of the OWNER and CITY. The foregoing to the contrary notwithstanding, the
obligations and duties of OWNER hereunder shall not be deemed transferred to or assumed by
any purchaser of a lot improved with a dwelling unit who acquires the same for residential
occupancy, unless otherwise expressly agreed in writing by such purchaser.
C. This Agreement contains all the terms and conditions agreed upon by the parties
hereto and no other prior agreement, excepting the Annexation Agreement it amends, regarding
the subject matter hereof shall be deemed to exist to bind the parties. The parties acknowledge
and agree that the terms and conditions of the Agreement, including the payment of any fees,
have been reached through a process of good faith negotiation, both by principals and through
counsel, and represent terms and conditions that are deemed by the parties to be fair, reasonable,
acceptable and contractually binding upon each of them.
D. Notices. Notices or other materials which any party is required to, or may wish
to, serve upon any other party in connection with this Agreement shall be in writing and shall be
deemed effectively given on the date of confirmed telefacsimile transmission, on the date
delivered personally or on the second business day following the date sent by certified or
registered mail, return receipt requested, postage prepaid, addressed as follows:
If to Owner: North Star Trust Company
500 W. Madison Street, Suite 3150
Chicago, IL 60661
with a copy to: John F. Philipchuck
DOMMERMUTH, BRESTAL, COBINE AND WEST, LTD.
123 Water Street
P.O. Box 565
Naperville, IL 60566 -0565
If to City: United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
with a copy to: City Attorney
John Justin Wyeth
800 Game Farm Road
Yorkville, IL 60560
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or to such other persons and/or addresses as any party may from time to time designate in a
written notice to the other parties.
E. Severabilitv. This agreement is entered into pursuant to the provisions of
Chapter 65, Sec. 5/11- 15.1 -1, et seq., Illinois Compiled Statutes (2002 ed.). In the event any part
or portion of this Agreement, or any provision, clause, word, or designation of this Agreement is
held to be invalid by any court of competent jurisdiction, said part, portion, clause, word or
designation of this Agreement shall be deemed to be excised from this Agreement and the
invalidity thereof shall not affect such portion or portions of this Agreement as remain. In
addition, CITY, OWNER shall take all action necessary or required to fulfill the intent of this
Agreement as to the use and development of the Subject Property.
F. Agreement. 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 CITY Code and Illinois Compiled Statutes. This Agreement may be amended by
CITY and the owner of record of a portion of the Subject Property as to provisions applying
exclusively thereto, without the consent of the owner of other portions of the Subject Property
not affected by such Agreement.
G. Convevances and Assignments. Nothing contained in this Agreement shall be
construed to restrict or limit the right of the OWNER to sell or convey all or any portion of the
Subject Property, whether improved or unimproved, or to assign or sell any rights hereunder to
third parties.
H. Necessary Ordinances and Resolutions. CITY shall pass all ordinances and
resolutions necessary to permit the OWNER and his 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. CITY agrees to authorize the Mayor and CITY Clerk to
execute this Agreement or to correct any technical defect which may arise after the execution of
this Agreement. Within 30 days after the execution hereof, the text of this Agreement shall be
recorded in the office of the Recorder of Deeds in Kendall County, Illinois at City's sole cost and
expense.
I. Term of Agreement. The term of this Agreement shall be twenty (20) years.
J. Captions and Paragraph Headings. The captions and paragraph headings used
herein are for convenience only and shall not be used in construing any term or provision of this
Agreement.
K. Recitals and Exhibits. The recitals set forth at the beginning of this Agreement,
and the exhibits attached hereto, are incorporated herein by this reference and shall constitute
substantive provisions of this Agreement.
L. Countemarts. This Agreement may be executed in counterparts, each of which
shall be deemed an original, but all of which together shall constitute one and the same
document.
M. Time Is of the Essence. Time is of the essence of this Agreement and all
documents, agreements, and contracts pursuant hereto as well as covenants contained in this
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Agreement shall be performed in a timely manner by all parties hereto.
N. Exculpation. It is agreed that CITY is not liable or responsible for any restrictions
on CITY's obligations under this Agreement that may be required or imposed by any other
governmental bodies or agencies having jurisdiction over the Subject Property, CITY, or
OWNER, including, but not limited to, county, state or federal regulatory bodies.
O. Use of Plural. Whenever the plural form of a word is used herein, it shall be
interpreted to mean the singular form of the same word if the singular form is applicable.
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this
Agreement as of the day and year first above written.
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OWNER:
North Star Trust Company as trustee under trust agreement dated August 8, 2006 and
kn wn as trust no. 06 -9993.
Dated
TRUSI OFFICER r
Dated
r•.••q. -„ TRUST, OFFICER
Ttr�s Document is signed by NORTHSTAR TRUST tan fru ° °�
not individually but sOl21y as Trustee u
Ageement knoo�m as Trust NO
Said Trust P,gt sa d vii ch may esult tram the signing
claims agdm � able only out of any trust
of this Docullir;nt S be p�+1
property which may be held thereunder, and sai trustee shall
d of th*sB
terms and conditions li thN ocum entaorctor the validity oti Or
condition of the title n and f all person al liabil ty oIONORTH STAR
respect thereto. Any
TRUST COMPANY is hereby sccessors and ass gns the pa waiv
hereto and their respect
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CITY:
United City of Yorkville
Illinois Municipal Corporation I
By:
Mayor
Attest:^
C k j
Dated:
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LIST OF EXHIBITS
EXHIBIT "A SUBJECT PROPERTY LEGAL DESCRIPTION
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EXHIBIT "A"
THAT PART OF THE N0RTHWEST QUARTER OF SECTION 13, TOWNSHIP 36 NORTH, RANGE 6
EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY COMMENCING AT A POINT ON
THE NORTH LINE OF SAID QUARTER SECTION 20 CHAINS WEST OF T14E NORTHEAST CORNER OF
SAID NORTHWEST QUARTER; THENCE SOUTH ALONG THE WEST LINE OF ,THE EAST HALF O.F
SAID QUARTER SECTION 19.35 CHAINS; THENCE SOUTH 64 DEGREES 15 M:I °MUTES EAST 2.92
CHAINS TO THE CENTER OF THE ORIGINAL OTTAWA AND OSWEGO ROAD FOR THE POINT -OF
BEGINNING; THENCE SOUTH 64 DEGREES 15 MINUTES EAST 1091.99 FEET TO THE SOUTHERLY
EXTENSION OF THE EAST RI °GHT OF WAY LINE OF HIGHPOINT ROAD AS SHOWN ON THE PLAT
OF SUBDIVISION FOR'H1;GHP•OINT VIEW; THENCE NORTH 07 DEGREES 48 IvIlMU -TES 49 SECONDS
EAST ALONG SAID EASTERLY RIGHT OF WAY LINE AND THE SOUTHERLY EXTENSION, 558.68
FEET TO THE NORTHWEST CORNER OF LOT 2 OF SAID HIGHPOINT VIEW SUBDIVISION; THENCE
NORTH 11 DEGREES 02 MINUTES 20 SECON:BS EAST ALONG SAID RIGHT OF WAY, 181.34 FEET
TO THE NORTHWEST CORNER OF LOT 1 OF SAID HIGHPOINT VIEW SUBDIVISION; THENCE SOUTH
' 7 DEGREES 59 MINUTES 44 SECONDS -EAST ALON -G THE NORTH LINE OF SAID -LOT 1, 35.59
rEET; THENCE NORTH 78 DEGREES 05 MINUTES 41 SECONDS EAST ALONG SAID NORTH LINE,
11.08 FEET TO A POINT ON THE EAST LINE OF SAID NORTHWEST QUARTER; THENCE NORTH 00
DEGREES 19 MINUTES 45 SECONDS EAST ALONG SAID EAST LINE, 537.33 FEET TO SAID
CENTER OF ORIGINAL OTTAWA AND OSWEGO ROAD; THENCE SOUTH 54 DEGREES 30 MINUTES
WEST ALONG SAID CENTER LINE 22.42 CHAINS TO THE POINT OF BEGINNING, IN FOX
TOWNSHIP, KENDALL COUNTY, ILLINOIS.
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