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Ordinance 2006-059 ORDINANCE NO. 2006 AN ORDINANCE PROPOSING THE ESTABLISHMENT OF SPECIAL SERVICE AREA NUMBER 2006 -111 (WESTBURY -EAST VILLAGE PROJECT) IN THE UNITED CITY OF YORKVILLE AND PROVIDING FOR OTHER PROCEDURES IN CONNECTION THEREWITH BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS AS FOLLOWS: i, Section 1. Authority. The United City of Yorkville, Kendall County, Illinois (the is authorized pursuant to Article VII, Section 7(6) of the Constitution of the State of Illinois, and pursuant to the provisions of the Illinois Special Service Area Tax Law, 35 ILCS 200/27 -5 et seq. (the "Act "), which provides, inter alia, the manner of levying or imposing taxes and issuing bonds for the provision of special services to areas within the boundaries of municipalities and counties. Section 2. Findinas. The City Council of the City finds and determines as follows: a. Owners of record (the "Owners ") of that portion of the City described in Exhibit A attached hereto and made a part hereof (hereinafter the " Subject Territory ") have expressed an interest in the construction, acquisition and installation of various infrastructure improvements to their properties as further described herein; and b. Pursuant to Section 27 -20 of the Act, the Owners have filed an application with the City Council of the City proposing that the City establish a special service area (the "Application"); and C. It is in the public interest that the City Council of the City consider the creation of a special service area for the Subject Territory; and d. The special service area proposed for consideration is compact and contiguous; and e. The proposed special service area will benefit specially from the municipal services to be provided to the area. These proposed municipal services are in addition to municipal services provided to the City as a whole. Section 3. Proposal. In response to the expressed interest of the Owners, the City Council of the City hereby accepts the Application and proposes the establishment of City of Yorkville Special Service Area Number 2006 -111 for the construction, acquisition and installation of infrastructure improvements to serve the Subject Territory. Section 4. Public Hearing. A public hearing shall be held on the 25th day of July, 2006, at 7:00 p.m., at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, to CH 12_640953.2 consider the creation of the City of Yorkville Special Service Area Number 2006 -111, in the Subject Territory. At the hearing, the following method of financing improvements within the proposed special service area will be considered: the borrowing of an amount not to exceed an aggregate principal amount of $14,000,000 to be evidenced by special tax bonds (including bonds issued to refund such bonds) of such area (the " Bonds "), the proceeds of which shall be used to pay the cost of providing special municipal services to the proposed special service area, to fund certain reserves for, and interest on, the Bonds and initial administrative expenses relating to the proposed special service area, and to pay the cost of issuing the Bonds. The special municipal services to be provided to the proposed special service area may include: engineering, surveying, 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, 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 or dedications relating to any of the foregoing improvements, required tap -on and related fees for water or sanitary sewer services and other eligible costs. The Bonds shall be retired over a period not to exceed forty (40) years from the date of their issuance and shall bear interest at a rate not to exceed the greater of nine percent (9 %) per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds. The Bonds shall be retired by the levy of an annual tax levied against each parcel of property within the special service area pursuant to a special tax roll to pay the interest on the Bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the Subject Territory. This tax is to be levied upon all taxable property within the proposed special service area. Section 5. Notice of Public Hearina. Notice of hearing shall be published at least once not less than fifteen (15) days prior to the public hearing specified in Section 4 above, in a newspaper of general circulation in the City. In addition, notice shall be given by depositing the notice in the United States mail addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract or parcel of land lying within the proposed special service area. This notice shall be mailed not less than ten (10) days prior to the time set for the public hearing. In the event taxes for the last preceding year were not paid, the notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of the property. The notice to owners of record shall be in substantially the form set forth in Exhibit B to this Ordinance. Section 6. Supercede Conflictinia Ordinances. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are repealed to the extent of such conflict. Section 7. Effective Date. This Ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. 2 CH 12_640953.2 PASSED by the City Council of the City this June 27, 2006. Voting Aye (list names): Voting Nay (list names): -- Abstaining (list names): _ Absent (list names):SJL V i le c SIGNED by the Mayor this June 27, 2006. e ATTEST: ity LtBrk Published in pamphlet form June 27, 2006. 3 CH12 640953.2 I EXHIBIT A Legal Description THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64 DEGREES 02 MINUTES 00 SECONDS EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE, 309.43 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 87 DEGREES 32 MINUTES 40 SECONDS EAST, 769.85 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION; THENCE SOUTH 01 DEGREES 03 MINUTES 22 SECONDS EAST, 1326.05 FEET ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8; THENCE NORTH 87 DEGREES 30 MINUTES 52 SECONDS EAST, 1331.95 FEET ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO A POINT THAT IS 1901.65 FEET SOUTH OF THE AFOREMENTIONED NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 8 (AS MEASURED ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 8); THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 504.67 FEET; THENCE SOUTH 09 DEGREES 39 MINUTES 39 SECONDS WEST, 817.00 FEET; THENCE SOUTH 73 DEGREES 08 MINUTES 14 SECONDS WEST, 437.67 FEET; THENCE SOUTH 61 DEGREES 50 MINUTES 59 SECONDS WEST, 297.00 FEET; THENCE SOUTH 39 DEGREES 47 MINUTES 51 SECONDS WEST, 1584.39 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS, EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22, 1931 AND RECORDED FEBRUARY 17, 1931 IN DEED RECORD 77, PAGE 583, AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, FOR USE OF DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED DATED NOVEMBER 5, 1990 AND RECORDED JANUARY 8, 1991 AS DOCUMENT 910147. CHI2 640953.2 THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64 DEGREES 02 MINUTES 00 SECONDS EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 64 DEGREES 02 MINUTES 00 SECONDS WEST, 308.99 FEET ALONG THE LAST DESCRIBED COURSE TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 AT A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREES 00 MINUTES 03 SECONDS WEST, 2447.03 ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE NORTH 88 DEGREES 59 MINUTES 57 SECONDS EAST, 68.98 FEET; THENCE NORTH 64 DEGREES 08 MINUTES 15 SECONDS EAST, 204.82 FEET; THENCE SOUTHEASTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 31 DEGREES 33 MINUTES 56 SECONDS EAST; THENCE NORTH 52 DEGREES 43 MINUTES 52 SECONDS EAST, 150.00 FEET; THENCE SOUTH 45 DEGREES 11 MINUTES 49 SECONDS EAST, 59.31 FEET; THENCE SOUTH 61 DEGREES 03 MINUTES 12 SECONDS EAST, 59.31 FEET; THENCE SOUTH 76 DEGREES 54 MINUTES 34 SECONDS EAST, 59.31 FEET; THENCE NORTH 89 DEGREES 30 MINUTES 40 SECONDS EAST, 70.96 FEET; THENCE NORTH 64 DEGREES 24 MINUTES 44 SECONDS EAST, 53.07 FEET; THENCE NORTH 46 DEGREES 15 MINUTES 48 SECONDS EAST, 122.93 FEET; THENCE NORTH 34 DEGREES 29 MINUTES 59 SECONDS EAST, 90.01 FEET; THENCE NORTH 33 DEGREES 11 MINUTES 19 SECONDS EAST, 84.38 FEET; THENCE SOUTH 85 DEGREES 19 MINUTES 13 SECONDS EAST, 118.52 FEET; THENCE SOUTH 73 DEGREES 10 MINUTES 01 SECONDS EAST, 184.74 FEET; THENCE SOUTH 06 DEGREES 17 MINUTES 38 SECONDS EAST, 224.12 FEET; THENCE SOUTH 74 DEGREES 47 MINUTES 54 SECONDS EAST, 27.24 FEET; THENCE SOUTH 59 DEGREES 05 MINUTES 34 SECONDS EAST, 153.76 FEET; THENCE SOUTH 78 DEGREES 13 MINUTES 45 SECONDS EAST, 80.00 FEET; THENCE NORTH 86 DEGREES 05 MINUTES 40 SECONDS EAST, 147.85 FEET; THENCE NORTH 35 DEGREES 33 MINUTES 08 SECONDS EAST, 33.43 FEET; THENCE NORTH 69 DEGREES 40 MINUTES 43 SECONDS EAST, 181.54 FEET; THENCE NORTH 60 DEGREES 03 MINUTES 18 SECONDS EAST, 101.98 FEET; THENCE NORTH 54 DEGREES 35 MINUTES 06 SECONDS EAST, 47.33 FEET; THENCE NORTH 56 DEGREES 27 MINUTES 23 SECONDS EAST, 62.20 FEET; THENCE NORTH 64 DEGREES 38 MINUTES 07 SECONDS EAST, 40.98 FEET; THENCE NORTH 77 DEGREES 17 2 CH12_640953.2 MINUTES 38 SECONDS EAST, 142.43 FEET; THENCE SOUTH 87 DEGREES 18 MINUTES 59 SECONDS EAST, 68.19 FEET; THENCE SOUTH 09 DEGREES 39 MINUTES 39 SECONDS WEST, 1000.44 FEET; THENCE SOUTH 73 DEGREES 08 MINUTES 14 SECONDS WEST, 437.67 FEET; THENCE SOUTH 61 DEGREES 50 MINUTES 59 SECONDS WEST, 297.00 FEET; THENCE SOUTH 39 DEGREES 47 MINUTES 51 SECONDS WEST, 1584.39 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. i 3 CH12_640953.2 THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREES 00 MINUTES 03 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 57 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 54 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 17 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 13 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 38 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 13 SECONDS EAST, 991.74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTES 18 SECONDS EAST, 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 50.00 FEET TO THE SOUTHERLY RIGHT -OF -WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5,1964; THENCE SOUTH 73 DEGREES 56 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE, 4 CHI2_640953.2 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREES 06 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT -OF -WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT -OF- WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 11 MINUTES 01 SECONDS WEST; THENCE SOUTH 01 DEGREES 06 MINUTES 41 SECONDS EAST, 118.67 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 450.34 FEET; THENCE NORTH 09 DEGREES 39 MINUTES 39 SECONDS EAST, 183.43 FEET; THENCE NORTH 87 ' DEGREES 18 MINUTES 59 SECONDS WEST, 68.19 FEET; THENCE SOUTH 77 DEGREES 17 MINUTES 38 SECONDS WEST, 142.43 FEET; THENCE SOUTH 64 DEGREES 38 MINUTES 07 SECONDS WEST, 40.98 FEET; THENCE SOUTH 56 DEGREES 27 MINUTES 23 SECONDS WEST, 62.20 FEET; THENCE SOUTH 54 DEGREES 35 MINUTES 06 SECONDS WEST, 47.33 FEET; THENCE SOUTH 60 DEGREES 03 MINUTES 18 SECONDS WEST, 101.98 FEET; THENCE SOUTH 69 DEGREES 40 MINUTES 43 SECONDS WEST, 181.54 FEET; THENCE SOUTH 35 DEGREES 33 MINUTES 08 SECONDS WEST, 33.43 FEET; THENCE SOUTH 86 DEGREES 05 MINUTES 40 SECONDS WEST, 147.85 FEET; THENCE NORTH 78 DEGREES 13 MINUTES 45 SECONDS WEST, 80.00 FEET; THENCE NORTH 59 DEGREES 05 MINUTES 34 SECONDS WEST, 153.76 FEET; THENCE NORTH 74 DEGREES 47 MINUTES 54 SECONDS WEST, 27.24 FEET; THENCE NORTH 06 DEGREES 17 MINUTES 38 SECONDS WEST, 224.12 FEET; THENCE NORTH 73 DEGREES 10 MINUTES 01 SECONDS WEST, 184.74 FEET; THENCE NORTH 85 DEGREES 19 MINUTES 13 SECONDS WEST, 118.52 FEET; THENCE SOUTH 33 DEGREES 11 MINUTES 19 SECONDS WEST, 84.38 FEET; THENCE SOUTH 34 DEGREES 29 MINUTES 59 SECONDS WEST, 90.01 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES 48 SECONDS WEST, 122.93 FEET; THENCE SOUTH 64 DEGREES 24 MINUTES 44 SECONDS WEST, 53.07 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 40 SECONDS WEST, 70.96 FEET; THENCE NORTH 76 DEGREES 54 MINUTES 34 SECONDS WEST, 59.31 FEET; THENCE NORTH 61 DEGREES 03 MINUTES 12 SECONDS WEST, 59.31 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 49 SECONDS WEST, 59.31 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 52 SECONDS WEST, 150.00 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31 DEGREES 33 MINUTES 56 SECONDS WEST; THENCE SOUTH 64 DEGREES 08 MINUTES 15 SECONDS WEST, 204.82 FEET; THENCE SOUTH 88 DEGREES 59 MINUTES 57 SECONDS WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01 DEGREES 00 MINUTES 03 SECONDS WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. 5 CHI2_640953.2 i THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: i BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 8; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 62 DEGREES EAST 9.37 CHAINS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8; THENCE EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO THE POINT OF BEGINNING, (EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22, 1931 AND RECORDED FEBRUARY 17, 1931 IN DEED RECORD 77, PAGE 583, AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, FOR USE OF DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED DATED NOVEMBER 5, 1990 AND RECORDED JANUARY 8, 1991 AS DOCUMENT 910147), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. 6 CHI2_640953.2 THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREES 00 MINUTES 03 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET TO THE POINT OF BEGINNING; THENCE NORTH 06 DEGREES 00 MINUTES 03 SECONDS WEST, 74.04 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 30.17 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 233.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 42 MINUTES 39 SECONDS WEST; THENCE NORTH 13 DEGREES 25 MINUTES 15 SECONDS WEST, 78.00 FEET; THENCE NORTH 76 DEGREES 34 MINUTES 45 SECONDS EAST, 125.00 FEET; THENCE NORTH 12 DEGREES 59 MINUTES 41 SECONDS WEST, 75.72 FEET; THENCE NORTH 01 DEGREES 53 MINUTES 45 SECONDS WEST, 63.47 FEET; THENCE NORTH 10 DEGREES 08 MINUTES 54 SECONDS EAST, 75.15 FEET; THENCE NORTH 42 DEGREES 31 MINUTES 42 SECONDS EAST, 43.94 FEET; THENCE SOUTH 78 DEGREES 47 MINUTES 50 SECONDS EAST, 74.19 FEET; THENCE SOUTH 77 DEGREES 49 MINUTES 38 SECONDS EAST, 93.87 FEET; THENCE SOUTH 86 DEGREES 19 MINUTES 53 SECONDS EAST, 93.87 FEET; THENCE NORTH 85 DEGREES 09 MINUTES 52 SECONDS EAST, 93.87 FEET; THENCE NORTH 76 DEGREES 39 MINUTES 37 SECONDS EAST, 93.87 FEET; THENCE NORTH 68 DEGREES 09 MINUTES 22 SECONDS EAST, 93.87 FEET; THENCE NORTH 59 DEGREES 39 MINUTES 07 SECONDS EAST, 93.87 FEET; THENCE NORTH 51 DEGREES 08 MINUTES 52 SECONDS EAST, 93.87 FEET; THENCE NORTH 42 DEGREES 38 MINUTES 37 SECONDS EAST, 93.87 FEET; THENCE SOUTH 51 DEGREES 36 MINUTES 30 SECONDS EAST, 25.00 FEET; THENCE SOUTH 25 DEGREES 53 MINUTES 42 SECONDS EAST, 197.06 FEET; THENCE SOUTH 74 DEGREES 24 MINUTES 02 SECONDS EAST, 185.72 FEET; THENCE NORTH 46 DEGREES 30 MINUTES 47 SECONDS EAST, 218.02 FEET; THENCE NORTH 07 DEGREES 41 MINUTES 36 SECONDS EAST, 50.41 FEET; THENCE SOUTH 11 DEGREES 31 MINUTES 00 SECONDS EAST, 136.02 FEET; THENCE SOUTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD 7 CHI2_640953.2 OF SAID CURVE BEARING SOUTH 04 DEGREES 45 MINUTES 09 SECONDS WEST; THENCE SOUTH 21 DEGREES 01 MINUTES 18 SECONDS WEST, 318.85 FEET; THENCE SOUTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 13 DEGREES 02 MINUTES 53 SECONDS WEST; THENCE SOUTH 89 DEGREES 16 MINUTES 13 SECONDS WEST, 991.74 FEET; THENCE NORTH 29 DEGREES 19 MINUTES 38 SECONDS WEST, 22.58 FEET; THENCE NORTH 30 DEGREES 16 MINUTES 13 SECONDS WEST, 44.66 FEET; THENCE NORTH 14 DEGREES 15 MINUTES 17 SECONDS WEST, 67.24 FEET; THENCE NORTH 06 DEGREES 04 MINUTES 54 SECONDS WEST, 79.10 FEET; THENCE SOUTH 83 DEGREES 59 MINUTES 57 SECONDS WEST, 125.00 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. PIN'S 02 -05- 400 -004 02 -05- 400 -005 02 -08- 200 -006 02 -08- 200 -007 02 -08- 200 -003 02 -08- 200 -005 02 -08- 400 -001 I I i I I II I � i I 8 CHI2_640953.2 EXHIBIT B NOTICE OF HEARING UNITED CITY OF YORKVILLE SPECIAL SERVICE AREA NUMBER 2006 -111 (WESTBURY -EAST VILLAGE PROJECT) NOTICE IS HEREBY GIVEN that on July 25, 2006 at 7:00 p.m. at the Yorkville City Hall, 800 Game Farm Road, Yorkville, Illinois, a hearing will be held by the United City of Yorkville (the " City ") to consider forming a special service area, to be called "City of Yorkville Special Service Area Number 2006 -111," consisting of the territory legally described in Exhibit 1 to this Notice. The approximate location is generally south of Galena Road, west of Route 47 and north of Corneils Road in the City. The general purpose of the formation of the City of Yorkville Special Service Area Number 2006 -111 is to provide special municipal services to the area which may include: engineering, surveying, 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, 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 or dedications relating to any of the foregoing improvements, required tap -on and related fees for water or sanitary sewer services and other eligible costs. There will also be considered at the hearing the following method of financing improvements within the proposed special service area: the issuance of special tax bonds (including bonds issued to refund such bonds) in an aggregate principal amount not to exceed $14,000,000 at an interest rate of not to exceed the greater of nine percent (9 %) per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the bonds, and to mature within forty (40) years from the date of their issuance. The bonds shall be retired by the levy of an annual tax established pursuant to a special tax roll to pay the interest on such bonds as it falls due and to discharge the principal thereof at maturity and to pay the costs of administration and maintenance of the special service area, said tax to be levied upon all taxable property within the proposed special service area. At the hearing, all interested persons affected by the formation of such special service area, including all persons owning taxable real estate therein, may file written objections to and be heard orally regarding the formation of and the boundaries of the special service area, the issuance of bonds and the levy of taxes affecting the area. The hearing may be adjourned by the City Council without further notice other than a motion to be entered upon the minutes of its meeting fixing the time and place of its adjournment. CHI2 640953.2 I If a petition signed by at least 51% of the electors residing within the City of Yorkville Special Service Area Number 2006 -111 and by at least 51% of the owners of record of the land included within the boundaries of the City of Yorkville Special Service Area Number 2006 -111 is filed with the City Clerk of the City of Yorkville within 60 days following the final adjournment of the public hearing objecting to the creation of the special service area, the issuance of bonds for the provision of special services to the area or the levy of taxes affecting the area, no such area may be created and no such bonds may be issued or taxes levied or imposed. II I I � 2 CH 12_640953.2 Exhibit 1 to Notice Lejaal Description of Property THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64 DEGREES 02 MINUTES 00 SECONDS EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTHEASTERLY ALONG THE LAST DESCRIBED COURSE, 309.43 FEET TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 87 DEGREES 32 MINUTES 40 SECONDS EAST, 769.85 FEET ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION; THENCE SOUTH 01 DEGREES 03 MINUTES 22 SECONDS EAST, 1326.05 FEET ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8; THENCE NORTH 87 DEGREES 30 MINUTES 52 SECONDS EAST, 1331.95 FEET ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO A POINT THAT IS 1901.65 FEET SOUTH OF THE AFOREMENTIONED NORTHEAST CORNER OF THE NORTHEAST QUARTER OF SECTION 8 (AS MEASURED ALONG THE EAST LINE OF THE NORTHEAST QUARTER OF SECTION 8); THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 504.67 FEET; THENCE SOUTH 09 DEGREES 39 MINUTES 39 SECONDS WEST, 817.00 FEET; THENCE SOUTH 73 DEGREES 08 MINUTES 14 SECONDS WEST, 437.67 FEET; THENCE SOUTH 61 DEGREES 50 MINUTES 59 SECONDS WEST, 297.00 FEET; THENCE SOUTH 39 DEGREES 47 MINUTES 51 SECONDS WEST, 1584.39 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS, EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22, 1931 AND RECORDED FEBRUARY 17, 1931 IN DEED RECORD 77, PAGE 583, AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, FOR USE OF DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED DATED NOVEMBER 5, 1990 AND RECORDED JANUARY 8, 1991 AS DOCUMENT 910147. CHI2_640953.2 THAT PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 64 DEGREES 02 MINUTES 00 SECONDS EAST, 308.99 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 64 DEGREES 02 MINUTES 00 SECONDS WEST, 308.99 FEET ALONG THE LAST DESCRIBED COURSE TO THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 AT A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREES 00 MINUTES 03 SECONDS WEST, 2447.03 ALONG THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE NORTH 88 DEGREES 59 MINUTES 57 SECONDS EAST, 68.98 FEET; THENCE NORTH 64 DEGREES 08 MINUTES 15 SECONDS EAST, 204.82 FEET; THENCE SOUTHEASTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 31 DEGREES 33 MINUTES 56 SECONDS EAST; THENCE NORTH 52 DEGREES 43 MINUTES 52 SECONDS EAST, 150.00 FEET; THENCE SOUTH 45 DEGREES 11 MINUTES 49 SECONDS EAST, 59.31 FEET; THENCE SOUTH 61 DEGREES 03 MINUTES 12 SECONDS EAST, 59.31 FEET; THENCE SOUTH 76 DEGREES 54 MINUTES 34 SECONDS EAST, 59.31 FEET; THENCE NORTH 89 DEGREES 30 MINUTES 40 SECONDS EAST, 70.96 FEET; THENCE NORTH 64 DEGREES 24 MINUTES 44 SECONDS EAST, 53.07 FEET; THENCE NORTH 46 DEGREES 15 MINUTES 48 SECONDS EAST, 122.93 FEET; THENCE NORTH 34 DEGREES 29 MINUTES 59 SECONDS EAST, 90.01 FEET; THENCE NORTH 33 DEGREES 11 MINUTES 19 SECONDS EAST, 84.38 FEET; THENCE SOUTH 85 DEGREES 19 MINUTES 13 SECONDS EAST, 118.52 FEET; THENCE SOUTH 73 DEGREES 10 MINUTES 01 SECONDS EAST, 184.74 FEET; THENCE SOUTH 06 DEGREES 17 MINUTES 38 SECONDS EAST, 224.12 FEET; THENCE SOUTH 74 DEGREES 47 MINUTES 54 SECONDS EAST, 27.24 FEET; THENCE SOUTH 59 DEGREES 05 MINUTES 34 SECONDS EAST, 153.76 FEET; THENCE SOUTH 78 DEGREES 13 MINUTES 45 SECONDS EAST, 80.00 FEET; THENCE NORTH 86 DEGREES 05 MINUTES 40 SECONDS EAST, 147.85 FEET; THENCE NORTH 35 DEGREES 33 MINUTES 08 SECONDS EAST, 33.43 FEET; THENCE NORTH 69 DEGREES 40 MINUTES 43 SECONDS EAST, 181.54 FEET; THENCE NORTH 60 DEGREES 03 MINUTES 18 SECONDS EAST, 101.98 FEET; THENCE NORTH 54 DEGREES 35 MINUTES 06 SECONDS EAST, 47.33 FEET; THENCE NORTH 56 DEGREES 27 MINUTES 23 SECONDS EAST, 62.20 FEET; THENCE NORTH 64 DEGREES 38 MINUTES 07 SECONDS EAST, 40.98 FEET; THENCE NORTH 77 DEGREES 17 2 CHI2_640953.2 MINUTES 38 SECONDS EAST, 142.43 FEET; THENCE SOUTH 87 DEGREES 18 MINUTES 59 SECONDS EAST, 68.19 FEET; THENCE SOUTH 09 DEGREES 39 MINUTES 39 SECONDS WEST, 1000.44 FEET; THENCE SOUTH 73 DEGREES 08 MINUTES 14 SECONDS WEST, 437.67 FEET; THENCE SOUTH 61 DEGREES 50 MINUTES 59 SECONDS WEST, 297.00 FEET; THENCE SOUTH 39 DEGREES 47 MINUTES 51 SECONDS WEST, 1584.39 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. i 3 CH12 640953.2 II I THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREES 00 MINUTES 03 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO THE POINT OF BEGINNING; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET; THENCE NORTH 83 DEGREES 59 MINUTES 57 SECONDS EAST, 125.00 FEET; THENCE SOUTH 06 DEGREES 04 MINUTES 54 SECONDS EAST, 79.10 FEET; THENCE SOUTH 14 DEGREES 15 MINUTES 17 SECONDS EAST, 67.24 FEET; THENCE SOUTH 30 DEGREES 16 MINUTES 13 SECONDS EAST, 44.66 FEET; THENCE SOUTH 29 DEGREES 19 MINUTES 38 SECONDS EAST, 22.58 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 13 SECONDS EAST, 991.74 FEET; THENCE NORTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING NORTH 13 DEGREES 02 MINUTES 53 SECONDS EAST; THENCE NORTH 21 DEGREES 01 MINUTES 18 SECONDS EAST, 318.85 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 04 DEGREES 45 MINUTES 09 SECONDS EAST; THENCE NORTH 11 DEGREES 31 MINUTES 00 SECONDS WEST TANGENT TO THE LAST DESCRIBED COURSE, 217.08 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 111.06 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 872.13 FEET, THE CHORD OF SAID CURVE BEARING NORTH 07 DEGREES 52 MINUTES 07 SECONDS WEST; THENCE NORTH 06 DEGREES 19 MINUTES 17 SECONDS WEST, 33.01 FEET; THENCE NORTH 05 DEGREES 23 MINUTES 16 SECONDS WEST, 151.18 FEET; THENCE NORTHERLY, 142.11 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 623.89 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 31 MINUTES 35 SECONDS EAST; THENCE NORTH 16 DEGREES 03 MINUTES 07 SECONDS EAST, 50.00 FEET TO THE SOUTHERLY RIGHT -OF -WAY LINE OF GALENA ROAD AS ESTABLISHED PER DOCUMENT 145913 RECORDED JUNE 5,1964; THENCE SOUTH 73 DEGREES 56 MINUTES 53 SECONDS EAST ALONG SAID SOUTHERLY RIGHT -OF -WAY LINE, 4 CH 12_640953.2 1111.62 FEET TO THE EAST LINE OF THE AFOREMENTIONED EAST HALF OF SECTION 8; THENCE SOUTH 01 DEGREES 06 MINUTES 41 SECONDS EAST ALONG SAID EAST LINE, 1188.97 FEET TO THE INTERSECTION WITH THE WESTERLY RIGHT -OF -WAY LINE OF ILLINOIS ROUTE 47 AS ESTABLISHED PER DOCUMENT 910147 (THE FOLLOWING TWO COURSES ARE ALONG SAID WESTERLY RIGHT -OF- WAY LINE); THENCE SOUTHERLY, 496.43 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 2259.20 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 05 DEGREES 11 MINUTES 01 SECONDS WEST; THENCE SOUTH 01 DEGREES 06 MINUTES 41 SECONDS EAST, 118.67 FEET; THENCE SOUTH 88 DEGREES 53 MINUTES 19 SECONDS WEST, 450.34 FEET; THENCE NORTH 09 DEGREES 39 MINUTES 39 SECONDS EAST, 183.43 FEET; THENCE NORTH 87 DEGREES 18 MINUTES 59 SECONDS WEST, 68.19 FEET; THENCE SOUTH 77 DEGREES 17 MINUTES 38 SECONDS WEST, 142.43 FEET; THENCE SOUTH 64 DEGREES 38 MINUTES 07 SECONDS WEST, 40.98 FEET; THENCE SOUTH 56 DEGREES 27 MINUTES 23 SECONDS WEST, 62.20 FEET; THENCE SOUTH 54 DEGREES 35 MINUTES 06 SECONDS WEST, 47.33 FEET; THENCE SOUTH 60 DEGREES 03 MINUTES 18 SECONDS WEST, 101.98 FEET; THENCE SOUTH 69 DEGREES 40 MINUTES 43 SECONDS WEST, 181.54 FEET; THENCE SOUTH 35 DEGREES 33 MINUTES 08 SECONDS WEST, 33.43 FEET; THENCE SOUTH 86 DEGREES 05 MINUTES 40 SECONDS WEST, 147.85 FEET; THENCE NORTH 78 DEGREES 13 MINUTES 45 SECONDS WEST, 80.00 FEET; THENCE NORTH 59 DEGREES 05 MINUTES 34 SECONDS WEST, 153.76 FEET; THENCE NORTH 74 DEGREES 47 MINUTES 54 SECONDS WEST, 27.24 FEET; THENCE NORTH 06 DEGREES 17 MINUTES 38 SECONDS WEST, 224.12 FEET; THENCE NORTH 73 DEGREES 10 MINUTES 01 SECONDS WEST, 184.74 FEET; THENCE NORTH 85 DEGREES 19 MINUTES 13 SECONDS WEST, 118.52 FEET; THENCE SOUTH 33 DEGREES 11 MINUTES 19 SECONDS WEST, 84.38 FEET; THENCE SOUTH 34 DEGREES 29 MINUTES 59 SECONDS WEST, 90.01 FEET; THENCE SOUTH 46 DEGREES 15 MINUTES 48 SECONDS WEST, 122.93 FEET; THENCE SOUTH 64 DEGREES 24 MINUTES 44 SECONDS WEST, 53.07 FEET; THENCE SOUTH 89 DEGREES 30 MINUTES 40 SECONDS WEST, 70.96 FEET; THENCE NORTH 76 DEGREES 54 MINUTES 34 SECONDS WEST, 59.31 FEET; THENCE NORTH 61 DEGREES 03 MINUTES 12 SECONDS WEST, 59.31 FEET; THENCE NORTH 45 DEGREES 11 MINUTES 49 SECONDS WEST, 59.31 FEET; THENCE SOUTH 52 DEGREES 43 MINUTES 52 SECONDS WEST, 150.00 FEET; THENCE NORTHWESTERLY, 72.66 FEET ALONG A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS OF 365.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 31 DEGREES 33 MINUTES 56 SECONDS WEST; THENCE SOUTH 64 DEGREES 08 MINUTES 15 SECONDS WEST, 204.82 FEET; THENCE SOUTH 88 DEGREES 59 MINUTES 57 SECONDS WEST, 68.98 FEET TO THE AFOREMENTIONED WEST LINE OF THE EAST HALF OF SECTION 8; THENCE NORTH 01 DEGREES 00 MINUTES 03 SECONDS WEST ALONG SAID WEST LINE, 957.25 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. 5 CHI2_640953.2 THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND PART OF THE EAST HALF OF SECTION 8, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF SAID SECTION 8; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 62 DEGREES EAST 9.37 CHAINS TO THE NORTH LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE EAST ALONG SAID NORTH LINE TO THE NORTHEAST CORNER OF SAID QUARTER QUARTER SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID QUARTER QUARTER SECTION TO THE SOUTH LINE OF SAID SECTION 8; THENCE EAST ALONG SAID SOUTH LINE TO THE SOUTHEAST CORNER OF SAID SECTION 8; THENCE NORTH ALONG THE EAST LINE OF SAID SECTION 8 TO THE POINT OF BEGINNING, (EXCEPT THAT PART DEDICATED TO THE PEOPLE OF THE STATE OF ILLINOIS BY DEDICATION DATED JANUARY 22, 1931 AND RECORDED FEBRUARY 17, 1931 IN DEED RECORD 77, PAGE 583, AND ALSO EXCEPT THAT PART CONVEYED TO THE PEOPLE OF THE STATE OF ILLINOIS, FOR USE OF DEPARTMENT OF TRANSPORTATION BY WARRANTY DEED DATED NOVEMBER 5, 1990 AND RECORDED JANUARY 8, 1991 AS DOCUMENT 910147), IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS. 6 CH 12_640953.2 THAT PART OF THE EAST HALF OF SECTION 8 AND THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE CENTER LINE OF THE OLD GALENA ROAD WITH THE EAST LINE OF SAID SECTION 8, SAID POINT BEING 89 LINKS SOUTH OF THE NORTHEAST CORNER OF THE NORTHEAST QUARTER SAID SECTION 8, SAID SECTION CORNER ESTABLISHED BY MONUMENT RECORD RECORDED AS DOCUMENT 907017; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID OLD GALENA ROAD TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 5; THENCE SOUTH ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8 TO A POINT 1080.00 FEET NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 8; THENCE NORTH 01 DEGREES 00 MINUTES 03 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY), 3404.28 FEET ALONG SAID WEST LINE AND THE WEST LINE OF THE EAST HALF OF SAID SECTION 8; THENCE SOUTH 86 DEGREES 50 MINUTES 24 SECONDS EAST, 202.52 FEET; THENCE SOUTH 07 DEGREES 50 MINUTES 38 SECONDS EAST, 23.88 FEET; THENCE NORTH 86 DEGREES 41 MINUTES 57 SECONDS EAST, 65.30 FEET TO THE POINT OF BEGINNING; THENCE NORTH 06 DEGREES 00 MINUTES 03 SECONDS WEST, 74.04 FEET; THENCE NORTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 30.17 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 233.00 FEET, THE CHORD OF SAID CURVE BEARING NORTH 09 DEGREES 42 MINUTES 39 SECONDS WEST; THENCE NORTH 13 DEGREES 25 MINUTES 15 SECONDS WEST, 78.00 FEET; THENCE NORTH 76 DEGREES 34 MINUTES 45 SECONDS EAST, 125.00 FEET; THENCE NORTH 12 DEGREES 59 MINUTES 41 SECONDS WEST, 75.72 FEET; THENCE NORTH 01 DEGREES 53 MINUTES 45 SECONDS WEST, 63.47 FEET; THENCE NORTH 10 DEGREES 08 MINUTES 54 SECONDS EAST, 75.15 FEET; THENCE NORTH 42 DEGREES 31 MINUTES 42 SECONDS EAST, 43.94 FEET; THENCE SOUTH 78 DEGREES 47 MINUTES 50 SECONDS EAST, 74.19 FEET; THENCE SOUTH 77 DEGREES 49 MINUTES 38 SECONDS EAST, 93.87 FEET; THENCE SOUTH 86 DEGREES 19 MINUTES 53 SECONDS EAST, 93.87 FEET; THENCE NORTH 85 DEGREES 09 MINUTES 52 SECONDS EAST, 93.87 FEET; THENCE NORTH 76 DEGREES 39 MINUTES 37 SECONDS EAST, 93.87 FEET; THENCE NORTH 68 DEGREES 09 MINUTES 22 SECONDS EAST, 93.87 FEET; THENCE NORTH 59 DEGREES 39 MINUTES 07 SECONDS EAST, 93.87 FEET; THENCE NORTH 51 DEGREES 08 MINUTES 52 SECONDS EAST, 93.87 FEET; THENCE NORTH 42 DEGREES 38 MINUTES 37 SECONDS EAST, 93.87 FEET; THENCE SOUTH 51 DEGREES 36 MINUTES 30 SECONDS EAST, 25.00 FEET; THENCE SOUTH 25 DEGREES 53 MINUTES 42 SECONDS EAST, 197.06 FEET; THENCE SOUTH 74 DEGREES 24 MINUTES 02 SECONDS EAST, 185.72 FEET; THENCE NORTH 46 DEGREES 30 MINUTES 47 SECONDS EAST, 218.02 FEET; THENCE NORTH 07 DEGREES 41 MINUTES 36 SECONDS EAST, 50.41 FEET; THENCE SOUTH 11 DEGREES 31 MINUTES 00 SECONDS EAST, 136.02 FEET; THENCE SOUTHERLY, TANGENT TO THE LAST DESCRIBED COURSE, 218.64 FEET ALONG A CURVE CONCAVE TO THE WEST, HAVING A RADIUS OF 385.00 FEET, THE CHORD 7 CH 12_640953.2 i OF SAID CURVE BEARING SOUTH 04 DEGREES 45 MINUTES 09 SECONDS WEST; THENCE SOUTH 21 DEGREES 01 MINUTES 18 SECONDS WEST, 318.85 FEET; THENCE SOUTHERLY, 143.34 FEET ALONG A CURVE CONCAVE TO THE EAST, HAVING A RADIUS OF 515.67 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 13 DEGREES 02 MINUTES 53 SECONDS WEST; THENCE SOUTH 89 DEGREES 16 MINUTES 13 SECONDS WEST, 991.74 FEET; THENCE NORTH 29 DEGREES 19 MINUTES 38 SECONDS WEST, 22.58 FEET; THENCE NORTH 30 DEGREES 16 MINUTES 13 SECONDS WEST, 44.66 FEET; THENCE NORTH 14 DEGREES 15 MINUTES 17 SECONDS WEST, 67.24 FEET; THENCE NORTH 06 DEGREES 04 MINUTES 54 SECONDS WEST, 79.10 FEET; THENCE SOUTH 83 DEGREES 59 MINUTES 57 SECONDS WEST, 125.00 FEET TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS. � I PIN'S 02 -05- 400 -004 02 -05- 400 -005 02 -08- 200 -006 02 -08- 200 -007 02 -08- 200 -003 02 -08- 200 -005 02 -08- 400 -001 I 8 CH12 640953.2