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Ordinance 2006-114 i R E -- kE - O R-b 1O a 200f►000 6 Filed or ecord in KEND L UNTYr ILLINOIS STATE OF ILLINOIS ) PA AN RSON ss 1 08- 006 At 02'$d 00� j DI NCE COUNTY OF KENDALL ) HSP Surcharge 10.00 20060003894- 4 Filed for Record in KENDALL C:OUNTYr ILLINOI': PAUL ANDERSON 12--A5-2006 t At 1 555, amn ORDINANCE 56.001 RHSP Surcharge 101=001 ORDINANCE NO. 2006- AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT OF (North Star Parcel B) 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 Page 1 of 3 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 i 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 b law. pP p Y JAMES BOCK N JOSEPH BESCO lJ� J VALERIE BURD VL PAUL JAMES UJ DEAN WOLFER l� MARTY MUNNS lJJ ROSE SPEARS 1'l. JASON LESLIE Al M 0 00. P20CW9 A . ._ Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this ( pAv Day of S E P7EP46E R- , A.D. 2006. MAYOR i Page 2 of 3 Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this oW& day of 5,F-,PTE,04 be) , A.D. 2006. ATTEST: CITY CLERK Prepared by: John Justin Wyeth City Attorney United City of Yorkville 800 Game Farm Road Yorkville, IL 60560 i Page 3 of 3 8/31/06 I ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT, including all exhibits and attachments ( "Agreement "), is made and entered into as of the a6 day of , 2006 by and between North Star Trust Company as trustee under trust agreement ed 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 760 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 Newark Fire Protection District and the Fox Township Road District and will remain within the jurisdiction of the Newark 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 Sleepy Hollow 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 1 124563/1 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. j 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. 1 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 I 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. 2 126276/1 I 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 an reason and at an time the annexation of the Subject Property to CITY Y Y J P Y is legally challenged b an person or entity b an action at law or in equity, CITY shall: i g Y g Y Y P Y Y () 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 A -1 Agricultural 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 A -1 Agricultural District 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 a rezoning be granted for portions of the Subject Property for other uses, then farming and ancillary uses shall cease on that portion when 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, or any portions thereof, it being the understanding and agreement of the parties that other land uses and zoning other than A -1 may become appropriate for portions of the Subject Property during the term of this Agreement. Rezonings 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 3 124563/1 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 Subdivision that City is called upon to approve, upon such approval, City's waiver of the application of such ordinances shall terminate as to such platted property. 4. RECAPTURE. CITY represents and warrants to OWNER that OWNER shall not 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 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 4 124563/1 i entitled to application of such less restrictive ordinances, regulations and/or codes to the Subject Property or any portion thereof. 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. The Subject Property, may be used for hunting. All hunting shall be conducted in accordance with state and federal laws and regulations. All codes and ordinances of the City controlling the use and discharge of firearms, including but not limited to Title 5 Chapter 3 Section 6, et seq., are hereby amended to permit the discharge of firearms on the Subject Property while engaged in hunting. Hunting shall be restricted to the use of shotguns only. No hunting may take place within 500' of any perimeter lot line of the Subject Property. 7. BUILDING CODE. All deletions or additions to the building codes of CITY 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. City agrees to accept any existing structures on the Subject Property in an "as is" condition and any such structures shall not be required to be upgraded to meet current City codes. 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 Comp_ iled 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. 5 124563/1 � 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. 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. The OWNER contemplates the establishment of a landfill on the Subject Property and, therefore, the City agrees to adopt and keep in effect a Host City Agreement for the Subject Property. City shall adopt any required ordinances to cause the vacation of that portion of Sleepy Hollow as follows: That part of Sections 14 and 23, Township 36 North, Range 6 East of the Third Principal Meridian described as follows: That part of Sleepy Hollow Road lying south of the south line of Illinois Route 71 and north of a line which bears south 89 degrees 55 minutes 26 seconds west and the easterly prolongation of said line at a point 1935.49 feet north of the south quarter corner of said section 23, in Kendall County Illinois at the time of annexation of the Subject Property. Any remaining portions of Sleepy Hollow Road shall be vacated at a future date upon request of the Owner. Any vacated roadway shall become the property of the adjoining landowner at no charge. 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 6 124563/1 - i i I r I 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. 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 7 124563/1 i 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 I with a copy to: City Attorney John Justin Wyeth 800 Game Farm Road Yorkville, IL 60560 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 Assimnents. 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 8 124563/1 i 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. Counterparts. 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 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. 9 124563/1 I OWNER: North Star Trust Company as trustee under trust agreement dated August 8, 2006 and k own as trust no. 06 -9993. Dated �q ( l-Q v . RUST OF ICER _ Dated 9010 ST OFFICER This not Individually but solely as ARn RUSe i n Trust Agreement known asTrus hereby N IW p�reof and any Said Trust Agreement claims against said Trustee which may o ut of anyA rust of this Document shall be pays o�ly property which may be held thereunder, and said trustee shall not be personally liable for the performance of any of thvA terns and conditions of this Docw or for for the validity w f condition of the title of said properly r RUST ct t h ere jo. An and all COMPANY is hereby expressly waived by the he WOOS T e 8 successors and ae61965. hKato and�their respect I � 10 124563/1 CITY: United City of Yorkville Illinois Municipal Corporation By: Mayor Attes &y�eru Dated: I 11 124563/1 i I LIST OF EXHIBITS EXHIBIT "A" SUBJECT PROPERTY LEGAL DESCRIPTION I I 12 124563/1 1 ' EXHIBIT "A' Legal Description for PARCEL A: THOSE PARTS OF SECTIONS 14,22 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE SOUTHWEST CORNER OF THE SOUTHEAST 114 OF SAID SECTION 14; THENCE NORTH 01' 36'07" WEST ALONG THE WEST LINE OF SAID SOUTHEAST1 /4, 779.21 FEET TO THE POINT OF BEGINNING, BEING A SOUTHEAST CORNER OF ILLINOIS STATE ROUTE 71 DEDICATED BY DOCUMENT RECORDED IN BOOK 98, PAGES 327, 328 AND 329; THENCE CONTINUING NORTH 01 ° 36' 07" WEST ALONG SAID WEST LINE AND THE EASTERLY MOST LINE OF THE ILLINOIS STATE ROUTE 71 DEDICATED BY SAID DOCUMENT RECORDED IN BOOK 98, PAGES 327, 328 AND 329, A DISTANCE OF 238.29 FEET TO A SOUTHERLY LINE OF ILLINOIS ROUTE 71; THENCE NORTH 54 37'26" EAST ALONG SAID SOUTHERLY LINE, 1080.03 FEET; THENCE SOUTH 49 14'26" EAST, 1744.27 FEET; THENCE SOUTH 00 00' 00" WEST, 267.13 FEET; THENCE NORTH 90 00'00" WEST, 800.29 FEET; THENCE SOUTH 01 26'54" EAST 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 23; THENCE SOUTH 01° 33'31 " EAST ALONG THE EAST LINE OF SAID WEST 1/2 OF THE NORTHEAST 1/4,2642.32 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 23; THENCE SOUTH 01 ° 27'24" WEST ALONG THE EAST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4,2603.14 FEET TO AN IRON PIPE ON THE NORTH LINE OF WALKER ROAD AS DEDICATED BY THE DOCUMENT RECORDED IN BOOK 136, PAGE 184; THENCE THE FOLLOWING THREE (3) COURSES BEING ALONG SAID NORTH LINE OF WALKER ROAD: THENCE SOUTH 89 40'05" WEST, 1271.53 FEET TO AN IRON PIPE; THENCE NORTH 45 19'02" WEST, 35.35 FEET TO AN IRON PIPE; THENCE SOUTH 89 40'05" WEST, 24.58 FEET TO THE WEST LINE OF SAID SOUTHEAST 1/4; THENCE NORTH 01 ° 27'19" WEST ALONG SAID WEST LINE OF THE SOUTHEAST 1/4,1870.46 FEET; THENCE SOUTH 89 55' 26" WEST, 2643.57 FEET TO THE WEST LINE OF SAID SECTION 23; THENCE,SOUTH 01 ° 32'06" EAST ALONG SAID WEST LINE OF SECTION 23, A DISTANCE OF 75.14 FEET; THENCE SOUTH 89 34' 50" WEST, 2422.16 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327,328 AND 329; THENCE THE FOLLOWING TEN (10) COURSES BEING ALONG SAID SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327,328 AND 329: THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 4695.69 FEET, CONCAVE TO THE NORTHWEST, WHOSE CHORD BEARS NORTH 44 40' 57" EAST, 52.08 FEET, FOR AN ARC DISTANCE OF 52.08 FEET; THENCE NORTH 44 21'26" EAST, 1649.83 FEET; THENCE NORTH 46 15 EAST, 300.17 FEET; THENCE NORTH 44 21'26" EAST, 1560.36 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8539.42 FEET, CONCAVE TO THE SOUTHEAST, WHOSE CHORD BEARS NORTH 46 08'39" EAST, 649.80 FEET, FOR AN ARC DISTANCE OF 649.97 FEET; THENCE NORTH 44 51'39" EAST, 77.00 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8544.42 FEET, CONCAVE TO THE SOUTHEAST, WHOSE CHORD BEARS NORTH 51 55'46" EAST, 803.38 FEET, FOR AN ARC DISTANCE OF 803.68 FEET; THENCE NORTH 54'37'26" EAST, 1190.08 FEET; THENCE NORTH 82 08'22" EAST, 218.80 FEET; THENCE SOUTH 72 43'55" EAST 122.02 FEET TO SAID POINT OF BEGINNING; (EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: THOSE PARTS OF SECTIONS 14 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH 89 33'54" EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4,1142.54 FEET TO THE POINT OF BEGINNING ON THE WESTERLY LINE OF A 400 FOOT COMMONWEALTH EDISON COMPANY RIGHT OF WAY; THENCE NORTH 45 29'03" WEST ALONG SAID WESTERLY RIGHT OF WAY, 1523.81 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71; THENCE NORTH 54° 37'26" EAST ALONG SAID SOUTHERLY LINE, 406.31 FEET TO THE EASTERLY LINE OF SAID RIGHT OF WAY; THENCE SOUTH 45 29'03" EAST ALONG SAID EASTERLY LINE, 1630.85 FEET; THENCE NORTH 90 00'00" WEST, 238.44 FEET; THENCE SOUTH 01'26'54" EAST, 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHEAST 114 OF SAID SECTION 23; THENCE SOUTH 01° 33'31 EAST ALONG THE EAST LINE OF SAID WEST 1/2,176.39 FEET TO SAID WESTERLY LINE; THENCE NORTH 45 29'03" WEST ALONG SAID WESTERLY LINE, 249.62 FEET TO SAID POINT OF BEGINNING.) TOGETHER WITH THE ADJOINING NORTH 1/2 OF ILLINOIS STATE ROUTE 71 AND THE ADJOINING SOUTH 1/2 OF WALKER ROAD LYING IN THE NORTH EAST 1/4 OF SECTION 26 AND THE WEST 1/2 OF SLEEPY HOLLOW ROAD LYING IN THE SOUTH EAST 1/4 OF SECTION 23, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDAN IN KENDALL COUNTY, ILLINOIS. SAID PARCEL A OF LAND HEREIN DESCRIBED CONTAINS 490.2 ACRES, MORE OR LESS. Legal Description for PARCEL B THAT PART OF THE WEST' /2 OF THE SOUTHEAST %2 OF SECTION 14, TOWNSHIP 36 NORTH RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EAST OF SLEEPY HOLLOW ROAD AND SOUTH OF THE CENTER LINE OF STATE ROUTE 71 IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS EXCEPTING THEREFROM THAT PART FALLING INSIDE THE FOLLOWING DESCRIBED PARCEL: THOSE PARTS OF SECTIONS 14,22 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH 01° 36'07" WEST ALONG THE WEST LINE OF SAID SOUTHEAST 1/4,779.21 FEET TO THE POINT OF BEGINNING, BEING A SOUTHEAST CORNER OF ILLINOIS STATE ROUTE 71 DEDICATED BY DOCUMENT RECORDED IN BOOK 98, PAGES 327, 328 AND 329; THENCE CONTINUING NORTH 01° 36' 07" WEST ALONG SAID WEST LINE AND THE EASTERLY MOST LINE OF THE ILLINOIS STATE ROUTE 71 DEDICATED BY SAID DOCUMENT RECORDED IN BOOK 98, PAGES 327, 328 AND 329, A DISTANCE OF 238.29 FEET TO A SOUTHERLY LINE OF ILLINOIS ROUTE 71; THENCE NORTH 54 37'26" EAST ALONG SAID SOUTHERLY LINE, 1080.03 FEET; THENCE SOUTH 49 14'26" EAST, 1744.27 FEET; THENCE SOUTH 00 00'00" WEST, 267.13 FEET; THENCE NORTH 90 00'00" WEST, 800.29 FEET; THENCE SOUTH 01° 26' 54" EAST 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 23; THENCE SOUTH 01 ° 33'31 " EAST ALONG THE EAST LINE OF SAID WEST 1/2 OF THE NORTHEAST 1/4,2642.32 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 23; THENCE SOUTH 01 ° 27'24" WEST ALONG THE EAST LINE OF SAID WEST 1/2 OF THE SOUTH EAST1 /4, 2603.14 FEET TO AN IRON PIPE ON THE NORTH LINE OF WALKER ROAD AS DEDICATED BY THE DOCUMENT RECORDED IN BOOK 136, PAGE 184; THENCE THE FOLLOWING THREE (3) COURSES BEING ALONG SAID NORTH LINE OF WALKER ROAD: THENCE SOUTH 89 40'05" WEST, 1271.53 FEET TO AN IRON PIPE; THENCE NORTH 45 19' 02" WEST, 35.35 FEET TO AN IRON PIPE; THENCE SOUTH 89 40'05" WEST, 24.58 FEET TO THE WEST LINE OF SAID SOUTHEAST 1/4; THENCE NORTH 01 ° 27'19" WEST ALONG SAID WEST LINE OF THE SOUTHEAST1 /4, 1870.46 FEET; THENCE SOUTH 89 55' 26" WEST, 2643.57 FEET TO THE WEST LINE OF SAID SECTION 23; THENCE SOUTH 01 ° 32'06" EAST ALONG SAID WEST LINE OF SECTION 23, A DISTANCE OF 75.14 FEET; THENCE SOUTH 89 34' 50" WEST, 2422.16 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327,328 AND 329; THENCE THE FOLLOWING TEN (10) COURSES BEING ALONG SAID SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327, 328 AND 329: THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 4695.69 FEET, CONCAVE TO THE NORTHWEST, WHOSE CHORD BEARS NORTH 44 40'57" EAST, 52.08 FEET, FOR AN ARC DISTANCE OF 52.08 FEET; THENCE NORTH 44 21' 26" EAST, 1649.83 FEET; THENCE NORTH 46 15 EAST, 300.17 FEET; THENCE NORTH 44° 21'26" EAST, 1560.36 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8539.42 FEET, CONCAVE TO THE SOUTHEAST, WHOSE CHORD BEARS NORTH 46 08'39" EAST, 649.80 FEET, FOR AN ARC DISTANCE OF 649.97 FEET; THENCE NORTH 44 51'39" EAST, 77.00 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8544.42 FEET, CONCAVE TO THE SOUTHEAST, WHOSE CHORD BEARS NORTH 51 55' 46" EAST, 803.38 FEET, FOR AN ARC DISTANCE OF 803.68 FEET; THENCE NORTH 54 37'26" EAST, 1190.08 FEET; THENCE NORTH 82 08' 22" EAST, 218.80 FEET; THENCE SOUTH 72 43'55" EAST 122.02 FEET TO SAID POINT OF BEGINNING; (EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: THOSE PARTS OF SECTIONS 14 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH 89 33'54" EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4,1142.54 FEET TO THE POINT OF BEGINNING ON THE WESTERLY LINE OF A 400 FOOT COMMONWEALTH EDISON COMPANY RIGHT OF WAY; THENCE NORTH 45 29'03" WEST ALONG SAID WESTERLY RIGHT OF WAY, 1523.81 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71; THENCE NORTH 54 37'26" EAST ALONG SAID SOUTHERLY LINE, 406.31 FEET TO THE EASTERLY LINE OF SAID RIGHT OF WAY; THENCE SOUTH 45 29'03" EAST ALONG SAID EASTERLY LINE, 1630.85 FEET; THENCE NORTH 90 00'00" WEST, 238.44 FEET; THENCE SOUTH 01 ° 26'54" EAST, 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 23; THENCE SOUTH 01 ° 33'31 EAST ALONG THE EAST LINE OF SAID WEST 1/2,176.39 FEET TO SAID WESTERLY LINE; THENCE NORTH 45 29'03" WEST ALONG SAID WESTERLY LINE, 249.62 FEET TO SAID POINT OF BEGINNING.) TOGETHER WITH THE ADJOINING NORTH 1/2 OF ILLINOIS STATE ROUTE 71. AND THAT PART OF THE EAST 1 /2 OF THE EAST 1/2 OF SECTION 14, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE CENTER LINE OF STATE ROUTE 71, EXCEPT THAT PART CONVEYED TO THE COMMONWEALTH EDISON COMPANY BY DOCUMENT NO. 74 -1219; ALSO EXCEPT THAT PART FALLING INSIDE THE FOLLOWING DESCRIBED PARCEL OF LAND: THOSE PARTS OF SECTIONS 14,22 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE SOUTHWEST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH 01 ° 36'07" WEST ALONG THE WEST LINE OF SAID SOUTHEAST 1/4,779.21 FEET TO THE POINT OF BEGINNING, BEING A SOUTHEAST CORNER OF ILLINOIS STATE ROUTE 71 DEDICATED BY DOCUMENT RECORDED IN BOOK 98, PAGES 327, 328 AND 329; THENCE CONTINUING NORTH 01 ° 36' 07" WEST ALONG SAID WEST LINE AND THE EASTERLY MOST LINE OF THE ILLINOIS STATE ROUTE 71 DEDICATED BY SAID DOCUMENT RECORDED IN BOOK 98, PAGES 327, 328 AND 329, A DISTANCE OF 238.29 FEET TO A SOUTHERLY LINE OF ILLINOIS ROUTE I 71; THENCE NORTH 54° 37'26" EAST ALONG SAID SOUTHERLY LINE, 1080.03 FEET; THENCE SOUTH 49 14' 26" EAST, 1744.27 FEET; THENCE SOUTH 00 00'00" WEST, 267.13 FEET; THENCE NORTH 90 00'00" WEST, 800.29 FEET; THENCE SOUTH 01° 26'54 EAST 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHWEST 1/4 OF SAID SECTION 23; THENCE SOUTH 01° 33'31 " EAST ALONG THE EAST LINE OF SAID WEST 1/2 OF THE NORTHEAST 1/4,2642.32 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 23; THENCE SOUTH 01° 27'24" WEST ALONG THE EAST LINE OF SAID WEST 1/2 OF THE SOUTHEAST 1/4,2603.14 FEET TO AN IRON PIPE ON THE NORTH LINE OF WALKER ROAD AS DEDICATED BY THE DOCUMENT RECORDED IN BOOK 136, PAGE 184; THENCE THE FOLLOWING THREE (3) COURSES BEING ALONG SAID NORTH LINE OF WALKER ROAD: THENCE SOUTH 89 40' 05" WEST, 1271.53 FEET TO AN IRON PIPE; THENCE NORTH 45 19' 02" WEST, 35.35 FEET TO AN IRON PIPE; THENCE SOUTH 89 40'05" WEST, 24.58 FEET TO THE WEST LINE OF SAID SOUTHEAST 1/4; THENCE NORTH 01 ° 27 WEST ALONG SAID WEST LINE OF THE SOUTHEAST 1/4,1870.46 FEET; THENCE SOUTH 89° 55' 26" WEST, 2643.57 FEET TO THE WEST LINE OF SAID SECTION 23; THENCE SOUTH 01° 32'06" EAST ALONG SAID WEST LINE OF SECTION 23, A DISTANCE OF 75.14 FEET; THENCE SOUTH 89 34' 50" WEST, 2422.16 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327,328 AND 329; THENCE THE FOLLOWING TEN (10) COURSES BEING ALONG SAID SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71 AS DEDICATED BY DOCUMENT RECORDED IN BOOK 90 PAGES 311, 312, AND 313 AND SAID BOOK 98 PAGES 327,328 AND 329: THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 4695.69 FEET, CONCAVE TO THE NORTHWEST, WHOSE CHORD BEARS NORTH 44 40'57" EAST, 52.08 FEET, FOR AN ARC DISTANCE OF 52.08 FEET; THENCE NORTH 44 21' 26" EAST, 1649.83 FEET; THENCE NORTH 46 15'59" EAST, 300.17 FEET; THENCE NORTH 44 21'26" EAST, 1560.36 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8539.42 FEET, CONCAVE TO THE SOUTHEAST, WHOSE CHORD BEARS NORTH 46 08'39" EAST, 649.80 FEET, FOR AN ARC DISTANCE OF 649.97 FEET; THENCE NORTH 44 51'39" EAST, 77.00 FEET; THENCE NORTHEASTERLY ALONG A CURVE HAVING A RADIUS OF 8544.42 FEET, CONCAVE TO THE SOUTHEAST, WHOSE CHORD BEARS NORTH 51° 55' 46" EAST, 803.38 FEET, FOR AN ARC DISTANCE OF 803.68 FEET; THENCE NORTH 54° 37' 26" EAST, 1190.08 FEET; THENCE NORTH 82 08'22" EAST, 218.80 FEET; THENCE SOUTH 72 43 EAST 122.02 FEET TO SAID POINT OF BEGINNING; (EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL OF LAND: THOSE PARTS OF SECTIONS 14 AND 23, ALL IN TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KENDALL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT AN IRON PIPE ON THE SOUTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 14; THENCE NORTH 89 33'54" EAST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4,1142.54 FEET TO THE POINT OF BEGINNING ON THE WESTERLY LINE OF A 400 FOOT COMMONWEALTH EDISON COMPANY RIGHT OF WAY; THENCE NORTH 45 29'03" WEST ALONG SAID WESTERLY RIGHT OF WAY, 1523.81 FEET TO THE SOUTHERLY LINE OF ILLINOIS STATE ROUTE 71; THENCE NORTH 54 37'26" EAST ALONG SAID SOUTHERLY LINE, 406.31 FEET TO THE EASTERLY LINE OF SAID RIGHT OF WAY; THENCE SOUTH 45 29'03" EAST ALONG SAID EASTERLY LINE, 1630.85 FEET; THENCE NORTH 90 00'00" WEST, 238.44 FEET; THENCE SOUTH 01 ° 26'54" EAST, 158.91 FEET TO THE NORTHEAST CORNER OF THE WEST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 23; THENCE SOUTH 01 33 EAST ALONG THE EAST LINE OF SAID WEST 1/2,176.39 FEET TO SAID WESTERLY LINE; THENCE NORTH 45 29'03" WEST ALONG SAID WESTERLY LINE, 249.62 FEET TO SAID POINT OF BEGINNING.) TOGETHER WITH THE ADJOINING NORTH 1/2 OF ILLINOIS STATE ROUTE 71. AND i L i I I THE WEST' /2 OF THE SOUTHWEST'/ OF SECTION 13, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH THE ADJOINING NORTH 1/2 OF ILLINOIS ROUTE 71 IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS AND THAT PART OF THE NORTHWEST % OF SECTION 13, TOWNSHIP 36 NORTH, RANGE 06 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST'/ OF SAID SECTION 13; THENCE EAST ON THE SOUTH LINE OF SAID QUARTER 20 CHAINS TO THE EIGHTH LINE; THENCE NORTH ON SAID EIGHTH LINE 16.98 CHAINS TO THE CENTER LINE OF THE ROAD; THENCE SOUTH 60 DEGREES WEST ALONG SAID CENTER LINE 24.46 CHAINS TO THE WEST LINE OF SAID QUARTER; THENCE SOUTH ALONG SAID WEST LINE 2.68 CHAINS TO THE POINT OF BEGINNING; (EXCEPT THAT PART FALLING IN THE FOLLOWING DESCRIBED TRACT: THAT PART OF THE WEST %2 OF SECTION 13 AND PART OF THE EAST %2 OF SECTION 14, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST LINE OF THE NORTHWEST'/ OF SAID SECTION 13 WITH THE CENTER LINE OF ILLINOIS STATE ROUTE 71; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE, 582.30 FEET; THENCE SOUTHERLY PARALLEL WITH SAID WEST LINE, 1520.34 FEET; THENCE NORTHERLY, PARALLEL WITH THE SAID WEST LINE 2028.57 FEET TO SAID CENTER LINE; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE TO THE POINT OF BEGINNING), TOGETHER WITH THE ADJOINING NORTH 1/2 OF ILLINOIS STATE ROUTE 71, IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS. AND THE WEST 1/2 THE NORTHEAST QUARTER (EXCEPT THE WEST 400 FEET, AS MEASURED PERPENDICULAR TO THE WEST LINE THEREOF) OF SECTION 23, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS. AND THE SOUTHEAST QUARTER (EXCEPT THE WEST 400 FEET, AS MEASURED PERPENDICULAR TO THE WEST LINE THEREOF) OF SECTION 23, TOWNSHIP 36 NORTH, RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF FOX, KENDALL COUNTY, ILLINOIS. SAID PARCEL B OF LAND HEREON DESCRIBED CONTAINS 269.5 ACRES, MORE OR LESS.