Ordinance 2004-51 200400026253
Filed for Record in
KENDALL COUNTY, ILLINOIS
ORDINANCE NO. 2004-_*L PAUL ANDERSON
09-21-2004 At 12:09 pm.
ORDINANCE 39.00
AN ORDINANCE ESTABLISHING
UNITED CITY OF YORKVILLE
SPECIAL SERVICE AREA NUMBER 2004-105
SOUTH GRANDE RESERVE
BE IT ORDAINED BY THE CITY COUNCIL OF THE UNITED CITY OF
YORKVILLE,KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1. Authority. The United City of Yorkville (the "gff") 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"), to establish special service areas for the provision of special governmental services in
portions of the City and to levy or impose a special tax and to issue bonds for the provision of
such special services.
Section 2. Finding s. (a) The question of establishment of the area hereinafter
described as a special service area (the "Special Service Area") was considered by the City
Council of the City pursuant to "An Ordinance Proposing the Establishment of Special Service
Area Number 2004-105 South Grande Reserve in the United City of Yorkville and Providing for
Other Procedures in Connection Therewith," being Ordinance No. 2004-14, adopted on February
24, 2004. The establishment of the Area was considered at a public hearing commenced on
March 23, 2004, and finally adjourned on March 23, 2004 (the "Public Hearing"). The Public
Hearing was held pursuant to notice duly published in The Beacon News, a newspaper of general
circulation within the City, on March 8, 2004, which was at least fifteen (15) days prior to the
Public Hearing, and also pursuant to notice by 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 Area. Said notice by mail was given by depositing said notice in the United
States mail not less than ten (10) days prior to the date set for the Public Hearing. In the event
taxes for the last preceding year were not paid, said notice was sent to the person last listed on
the tax rolls prior to that year as the owner of said property. A certificate of publication of notice
and evidence of mailing of notice are attached to this Ordinance as Exhibit A and Exhibit B,
respectively. Said notices conform in all respects to the requirements of the Act. To comply
with City requirements an additional notice of public hearing was published in the Kendall
County Record, a newspaper of general circulation within the City, on March 11, 2004. A
Certificate of Publication of such notice is on file with the City.
(b) At the Public Hearing, all interested persons were given an opportunity to
be heard on the question of the issuance of bonds to finance a part of the cost of engineering, soil
testing and appurtenant work, mass grading and demolition, storm water management facilities,
storm drainage systems and storm sewers, site clearing and tree removal, public water facilities,
sanitary sewer facilities, erosion control measures, roads, streets, curbs, gutters, street lighting,
traffic controls, sidewalks, equestrian paths and related street improvements, and equipment and
materials necessary for the maintenance thereof, public parks, park improvements, bicycle paths,
landscaping, wetland mitigation and tree installation, costs for land and easement acquisitions
011.552565.4
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relating to any of the foregoing improvements, required tap-on and related fees for water or
sanitary sewer services and other eligible costs (collectively, the "Improvements"), on the
question of the conditions for participating in the Special Service Area as more particularly set
forth herein, and on the question of the retirement of said bonds as due from time to time by a
levy of a tax on real property within the Area.
(c) After considering the data as presented to the City Council of the City and
at the Public Hearing, the City Council of the City find that it is in the best interests of the City
and of the residents and property owners of the United City of Yorkville Special Service Area
Number 2004-105 South Grande Reserve that the Special Service Area, as hereinafter described,
be established.
(d) More than 60 days have passed since the final adjournment of the Public
Hearing, and no petition objecting to the creation of the Special Service Area, the levy of the
Special Tax as herein described or the issuance of bonds has been filed with the City Clerk.
(e) The Special Service Area is compact and contiguous as required by the
Act.
(f) An annual special tax based upon a special tax roll levied against each
residential lot and each parcel in the Special Service Area as herein described does not exceed
the tax rate or method proposed in the notice of public hearing referred to herein and such special
tax, taking into account the direct and indirect special service benefits to current and future
owners of property within the Special Service Area, bears a rational relationship between the
amount of tax levied against each lot, block, tract and parcel of land in the Special Service Area
and the special service benefit conferred.
(g) It is in the best interests of the City that the Special Service Area be
created for the financing of the Improvements within the Special Service Area, that the
Improvements be financed by the sale of bonds, and that taxes be levied on real property within
the Special Service Area to retire the bonds and to cover costs and expenses connected with the
financing of the Improvements within the Special Service Area.
(h) It is in the best interests of the United City of Yorkville Special Service
Area Number 2004-105 South Grande Reserve that the furnishing of the Improvements proposed
be considered for the common interests of the Special Service Area and that the Special Service
Area will benefit specially from the Improvements.
Section 3. United City of Yorkville Special Service Area Number 2004-105 South
Grande Reserve Established. A special service area to be known and designated as "United City
of Yorkville Special Service Area Number 2004-105 South Grande Reserve" is hereby
established and shall consist of the contiguous territory legally described in Exhibit C hereto, and
outlined on the map of a portion of the City attached as Exhibit D hereto, which description and
map are by this reference incorporated herein and made a part hereof.
Section 4. Purpose of Area. United City of Yorkville Special Service Area Number
2004-105 South Grande Reserve is established to provide special services to the Special Service
Area in addition to services provided in the City generally. United City of Yorkville Special
2
)11.552565.4
Service Area Number 2004-105 South Grande Reserve is also created so that bonds may be
issued for the purposes aforesaid (the "Bonds"), payable from taxes levied on real property in the
Special Service Area in accordance with the special tax roll established by this Ordinance. Such
taxes shall be levied in addition to all other City taxes so levied, provided no Bonds shall be
issued in excess of the principal amount of $10,000,000 or at an interest rate 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 the Bonds shall mature within not more than thirty (30)years from their date.
Section 5. Special Tax Roll for Bond Retirement. In lieu of an ad valorem tax to be
levied and extended for the payment of principal of and interest on any Bonds issued on behalf
of the Special Service Area, a special tax roll shall be established for levying and extending taxes
for the payment of principal of and interest on any Bonds issued for the purposes set forth in
Section 4 hereof and the administration and maintenance of the Special Service Area. The
description of the special tax roll shall be as set forth in and approved by an amendment to this
Ordinance.
Section 6. Supercede Conflicting Ordinance. 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.
PASSED BY THE CITY COUNCIL OF THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS this Septembeil`(, 2004.
VOTING AYE: �•_....�.a d� -�• c �� � .�`�`�'
VOTING NAY:
ABSENT:
ABSTAINED:
NOT VOTING:
3
011.552565.4
APPROVED
Mayor
ATTEST:
er
Published in pamphlet form 52004.
4
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Exhibit A
To
Establishing Ordinance
Publisher's Certificate
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i STATE OF Hill VIS'
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. courrt�r of xwrrs. .. _ .
FOX VALLBYPJIBL, CATIONS;DOES HEREBY CERTIFY:
' That:it is:a corporation duly:.organiud"and ' a the under the Jaws of thJR tc of Illinois;
That.1 is the ublisher of The Beacon News,.a secular daily newspapelishad in the
City ofAurora:in Kan(County,Illinois,and of genoral circulation In said aty, ty and State;
and In Wage, Kendag, DeKalb Counties, and In other.Cities In Kane ghntd that it is a
newspaper as defined id"An Act to Revise the Jraw in Rotation to Notices"ri'Ill. scd Statu tes,
Chap. 100,Sections 1, and 10. ° ..
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That a notice of which the annexed s a true copy h4s:beep regularly pub �shcd in said
newspaper. ........ ...........,
.' time.......... .each...... ......for
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first.. of said.noticc.Wvas on . co 0
and the.last pubgvadon ingreof'was oin the i '.''.'.day of ,20.
that the face-of type in wh 'each publie{ttlon.91 04.notice was printed was th sam, the body
of typo.used In the classified advertls.Ingja the:newspaper Ip which aald pub t%tlor was made;
That said 11y3ea�con Ncws has been cgulIy�publlshedt.Inwsald.City,;Coun and State
for at It ttst one yeAr pclorftd the ftrst publicatioA of said godce.
In WITNESS;WgEREQF, said Fox.VJloyubllcatlons,=.publish.gr, as.afo aid, has
executed this Certificate of Publication by its Officer or Agcaf thereunto duly auth rlud this
... . .. 1�.... . . . day of.
FOX VALLEY PUBLICATIONS
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NOTICE na HEARING the boundaries of the City of Yorkville Special Service EXCEPT FRUM 5Aiu PHKCtL i n.v i rHK 1 L r nw VINUa VVCa I I.V.— ���,, 1-- 1
UNITED CI' YORKVILLE Area Number 2004-105 South Grande Reserve is filed NO' RLY OF THE FOLLOWING DESCRIBED LINE: DEGREES 04 MINUTES 20 SECONDS `NEST 570.09
SPECIAL SERVICE ,NUMBER 2004-105 with the City Clerk of the City of Yorkville within 60 days CC ICING AT THE SOUTHWEST CORNER OF FEET;THENCE NORTH 83 DEGREES NUTES 28
SOUTH GR_.__E RESERVE following the final adjournment of the public hearing STi LS PARADISE LAKE UNIT 1;THENCE NORTH- SECONDS WEST 194.49 FEET; THE, IORTH 80
OTICE IS HEREBY GIVEN that on March 23, 2004 at objecting to the creation of the special service area,the WESTERLY ALONG THE SOUTHWESTERLY LINE OF DEGREES 06 MINUTES 46 SECONDS _:FST 293.64
;00 p.m.'at the Yorkville City Hall, 800 Game Farm Issuance of bonds for the provision of special services to SAID STRUKELS PARADISE LAKE UNIT 1,BEING THE FEET;THENCE SOUTH 79 DEGREES 22 MINUTES 56
oad,Yorkville,Illinois,a hearing will be held by the City the area or the levy of taxes affecting the area,no such CENTERLINE OF BRISTOL RIDGE ROAD,ON A BEAR- SECONDS WEST 178.89 FEET;THENCE SOUTHWEST-
f Yorkville to consider forming a special service area, area may be created and no such bonds may be Issued ING OF NORTH 37 DEGREES 10 MINUTES 58 SECONDS ERLY ALONG THE ARC OF A CURVE CONCAVE TO
be called City of Yorkville Special Service Area or taxes levied or Imposed. WEST WHICH IS THE BASIS OF BEARINGS FOR THE THE SOUTH,HAVING A RADIUS OF 180.00 FEET,HAV-
lumber 2004-105 South Grande Reserve, consisting of DESCRIPTION OF THIS LINE, A DISTANCE OF 230.00 ING A CHORD BEARING OF SOUTH 82 DEGREES 25
ie territory legally described in Exhibit•1 to this Notice. Legal Description of Property FEET; THENCE SOUTH 52 DEGREES 49 MINUTES 02 MINUTES 09 SECONDS WEST,A DISTANCE OF 306.52
'he approximate street location Is the area generally SECONDS WEST 50.00 FEET; THENCE SOUTH 67 FEET,THENCE SOUTHWESTERLY 94.34 FEET,MORE
epicted on the map of a portion of the City,which map GRANDE RESERVE SOUTH REGION DEGREES 14 MINUTES 17 SECONDS WEST 361.39 OR LESS, TO A POINT IN THE WESTERLY LINE OF
>attached as Exhibit 2 To This Notice. THAT.PART OF SECTIONS 15,22 AND 23,TOWNSHIP 37 FEET;THENCE NORTH 58 DEGREES 13 MINUTES 13 SAID PARCEL, SAID POINT BEING 1,100.00 FEET
'he general purpose of the formation of the City of NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL SECONDS WEST 139.28 FEET; THENCE SOUTH 84 NORTHWESTERLY OF THE CENTERLINE OF
'orkville Special Service Area Number 2004-105 South MERIDIAN,DESCRIBED AS FOLLOWS: DEGREES 25 MINUTES 29 SECONDS WEST 152.64 KENNEDY ROAD AS MEASURED ALONG SAID WEST-
;rande Reserve is to provide special municipal services COMMENCING AT THE POINT OF INTERSECTION OF FEET; THENCE SOUTH 40 DEGREES 17 MINUTES 18 ERLY LINE,FOR THE TERMINUS OF SAID LINE.
0 the area which may Include:engineering,soil testing THE NORTH AND SOUTH CENTERLINE OF SAID SEC- SECONDS WEST 92.20 FEET, THENCE SOUTH 40
ind appurtenant work, mass grading and demolition, TION 15 WITH THE TANGENT OF THE CENTERLINE DEGREES 43 MINUTES 21 SECONDS WEST 71.59 FEET, Map of Proposed Special Service Area
form water management facilities,storm drainage sys- OF STATE. AID ROUTE 20 AS ESTABLISHED BY THENCE NORTH 70 DEGREES 52 MINUTES 22 SEC-
ems and storm sewers,site clearing and tree removal, INSTRUMENT RECORDED MAY 12, 1952 AS DOCU- Exhibit 2 to Notice
)ublic water facilities, sanitary sewer facilities, erosion MENT 125479;THENCE WESTERLY ALONG SAID TAN- South Parcel SSA
:ontrol measures, roads, streets, curbs, gutters, street GENT 185.32 FEET;THENCE SOUTH 17 DEGREES 20
fighting,traffic controls,sidewalks,equestrian paths and MINUTES 0 SECONDS EAST TO THE CENTERLINE OF
elated street improvements,and_equipment and mate- SAID STATE AID ROUTE 20; THENCE SOUTH 17
'ials necessary for the maintenance thereof, public DEGREES 20 MINUTES 0 SECONDS EAST 1303.46 FEET
)arks,park improvements and bicycle paths,landscap- FOR THE POINT OF BEGINNING;THENCE NORTH 17
ng, wetland mitigation and tree installation, costs for DEGREES 20 MINUTES 0 SECONDS WEST 113.8 FEET,
and and easement acquisitions relating to any of the THENCE SOUTH 77 DEGREES 08 MINUTES 0 SECONDS
'oregoing improvements, required tap-on and related WEST 428.4 FEET; THENCE NORTH 17 DEGREES 28
'ees for water or sanitary sewer services and other ell- MINUTES 0 SECONDS WEST 1370.9 FEET TO THE CEN.
)ible costs. TERLINE OF STATE AID ROUTE 20;THENCE NORTH
rhere will also be considered at the hearing the follow- 81 DEGREES 05 MINUTES 0 SECONDS WEST ALONG
ng alternative methods of financing Improvements with- SAID CENTERLINE 254.26 FEET TO A POINT 194.7
n the proposed special service area: (t)the levy of a tax FEET EASTERLY AS MEASURED ALONG SAID CEN.
:)y the City In the proposed special service area, suffl- TERLINE OF THE NORTHEAST CORNER OF ERICK-
:lent to produce revenues to provide special municipal SON S SUBDIVISION;THENCE SOUTHERLY PARALLEL
services to the proposed special service area;the moxl- WITH THE EASTERLY LINE OF SAID ERICKSON S
mum rate of such taxes to be extended In any year with- SUBDIVISION,462 FEET;THENCE WESTERLY PARAL-
in the proposed special-service area which shall not LEL WITH THE CENTERLINE OF SAID ROAD 194.7
exceed the amount necessary to produce a maximum FEET TO THE EASTERLY LINE OF SAID SUBDIVISION;
annual tax levy of$1,150,000 In accordance with the spe- THENCE SOUTHERLY ALONG SAID EASTERLY LINE
cial tax roll referred to below, and (II)the issuance of TO THE SOUTHEAST CORNER OF SAID SUBDIVISION;
special tax bonds in an aggregate principal amount not THENCE WESTERLY ALONG THE SOUTHERLY LINE
to exceed$10,000,000 at an interest rate of not to exceed OF SAID SUBDIVISION AND SAID LINE EXTENDED
the greater of nine percent(9%)per annum or 125% of 1785.3 FEET TO A POINT ON THE WEST LINE OF THE
the rate for the most recent date shown in the 20 G.O. SOUTHWEST QUARTER OF SAID SECTION 15,THENCE
Bonds Index of average municipal bond yields as pub- SOUTH 0 DEGREES 55 MINUTES 0 SECONDS EAST
Ilshed in the most recent edition of The Bond Buyer,pub- ALONG SAID WEST LINE 904 FEET;THENCE NORTH
Ilshed in New York,New York,at the time the contract 88 DEGREES 03 MINUTES 0 SECONDS EAST 1629
Is made for the sale of the bonds,and to mature within FEET; THENCE SOUTH 36 DEGREES 11 MINUTES 0
thirty (30) years from the date of their Issuance. The SECONDS EAST 2187 FEET; THENCE SOUTH 39
bonds,if issued,shall be retired by the levy of an annu- DEGREES 18 MINUTES 0 SECONDS EAST 3776.7 FEET
al tax established pursuant to a special tax roll to pay the TO THE CENTERLINE OF U. S. ROUTE 34; THENCE
Interest on such bonds as it falls due and to discharge the NORTHEASTERLY ALONG SAID CENTERLINE 1353
principal thereof at maturity and to pay the costs of FEET TO THE SOUTHWEST CORNER OF UNIT THREE,
administration and maintenance of the special service RIVER RIDGE; THENCE NORTHWESTERLY ALONG
area, said tax to be levied upon all taxable property THE SOUTHWESTERLY LINE OF SAID UNIT THREE,
within the proposed special service area. RIVER RIDGE AND ALONG THE SOUTHWESTERLY
At the hearing,all interested persons affected by the for- LINE OF UNIT TWO,RIVER RIDGE 2666 FEET TO THE
mation of such special service area,including all persons NORTHWEST CORNER OF SAID UNIT TWO, RIVER '
owning taxable real estate therein, may file written RIDGE; THENCE NORTHEASTERLY ALONG THE
objections to and be heard orally regarding the forma- NORTHWESTERLY LINE OF SAID UNIT TWO, RIVER
tion of and the boundaries of the special service area, RIDGE AND ALONG THE NORTHWESTERLY-LINE OF 4'
the Issuance of bonds and the levy.of taxes affecting the UNIT ONE, RIVER RIDGE 824.42 FEET TO THE CEN- p
area. The hearing may be adjourned by the City Council TERLINE OF STATE AID ROUTE 20;THENCE NORTH- /
without further notice other than a motion to be entered WESTERLY ALONG SAID CENTERLINE 1886.5 FEET i
upon the minutes of its meeting fixing the time and place TO A LINE DRAWN NORTH 69 DEGREES 10 MINUTES
of Its adjournment. 0 SECONDS EAST FROM THE POINT OF BEGINNING;
If a petition signed by at least 51%of the electors resld- THENCE SOUTH 69 DEGREES 10 MINUTES 0 SECONDS
ing within the City of Yorkville Special Service Area WEST 1084.7 FEET TO THE POINT OF BEGINNING,IN
Number 2004-105 South Grande Reserve and by at least THE TOWNSHIP OF BRISTOL; KENDALL COUNTY,
51% of the owners of record of the land included within ILLINOIS.
Exhibit B
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Establishing Ordinance
Evidence of Mailing
!11.552565.4
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City Stale,7IP+4
NOTICE OF HEARING
UNITED CITY OF YORKVILLE
SPECIAL SERVICE AREA NUMBER 2004-105
SOUTH GRANDE RESERVE
NOTICE IS HEREBY GIVEN that on March 23, 2004 at 7:00 p.m. at the Yorkville City
Hall, 800 Game Farm Road,Yorkville, Illinois, a hearing Will be held by the City of Yorkville to
consider forming a special service area, to. be called City of Yorkville Special Service Area
Number 2004-105 South Grande Reserve," consisting of the territory legally described in Exhibit
I to this Notice.
The approximate street location is the area generally depicted on the map of a portion of
the City, which map is attached as Exhibit 2 to this Notice.
The general purpose of the formation of the City of Yorkville Special -Service Area
Number 2004-105 South Grande Reserve is to provide special" municipal services to the' area
which may include: engineering, soil testing and appurtenant work, mass grading and
demolition, storm water management facilities, storm drainage systems and storm sewers, site ..
clearing and tree removal, public water facilities, sanitary sewer facilities, erosion control
measures, roads, streets, curbs, gutters, street lighting, traffic controls, sidewalks, equestrian-
paths and related street improvements, and equipment and materials necessary for the
maintenance thereof, public parks, park improvements and bicycle paths, landscaping, wetland
mitigation and tree installation, costs for land and easement acquisitions relating to any of the
foregoing improvements, required tap-on*and related fees for water or sanitary'sewer services
and other eligible costs. .
There will also be considered at the hearing the following alternative methods of
financing improvements within the proposed special service area: (i) the levy of a tax by the
City in the proposed special service area, sufficient to produce revenues to provide special
municipal services to the proposed special service area;
the maximum rate of such taxes to be
extended in any year within the proposed special service area which shall not exceed the amount
necessary to produce a maximum annual tax levy of$1,150,000 in accordance with the special
tax roll referred to below, and (ii) the issuance of special tax bonds in an aggregate principal
amount not to exceed $10,000,000 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 thirty (30) years from the date of their issuance. The bonds, if issued, 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 ea, the
be heard orally regarding the formation of and the boun The hearing may be adjourned by the
issuance of bonds and the levy of taxes affecting th e area
City Council without further notice other than amotion to be entered upon the minutes of its
meeting fixing the time and place of its adjourm-nent.
If a petition signed by at least 51% of the electors residing within the City of Yorkville
Special Service Area Number 2004-105 South Grande of the City of least 51le�Spethe
owners of record of the land included within the boundaries
Service Area Number 2004-105 South Grande Resurnment of the public hearing objecting o the
Yorkville within 60 days following the final ado
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.
Exhibit 1 to Notice .
GRANDE RESERVE SOUTH REGION
THAT PART OF SECTIONS 15, 22 AND 23, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED
THE NORTH AND
COMMENCING AT THE POINT OF INTERSECTION O
F THE
SOUTH CENTERLINE OF SAID SECTION HSHEDNBYE INSTRUMENT CENTERLINE OF STATE AID ROUTE 2 0 AS ESTABL
RECORDED MAY 12, 1952 AS DOCUM N7 DEGREES 20
ALONG SAID TANGENT 185.32 FEET, THENCE SOUTH
MINUTES 0 SECONDS EAST TO THER EERLINE OF SAID STATE AID
ES 20 MINUTES 0 SECONDS EAST .
ROUTE 20; THENCE SOUTH 17 DEG
1303.46 FEET FOR THE POINT OF BEGINNING;
3�.8 FEET; HOENCE SOUTH 77
DEGREES 20 MINUTES 0 SEC
UTES 0 SECONDS WEST
DEGREES 08 MIN 1370.9 FEET TOETHE
NORTH 17
DEGREES 28 MINUTES 0 SECONDS WEST
CENTERLINE OF STATE AID ROUTE
MINUTES 0 SECONDS WEST ALONG SA 0; 81 DHCENTERL NTE 254D26 FEET TO A
POINT 194.7 FEET EASTERLY AS MEASURED
S ALONG
VISION; THENCE
OF THE NORTHEAST CORNER OF ER jCKSON
SOUTHERLY PARALLEL WITH THE EAS PARALLEL WITH THESON'S
SUBDIVISION, 462 FEET; THENCE WESTERLY
E OF SAID
CENTERLINE OF SAID ROAD 194.7 FEET SAID EASTERLY L LINE TO THE
SUBDIVISION; THENCE SOUTHERLY ALONG
SOUTHEAST CORNER OF SAID SUBDIVISIWESTERLY NE EXTENDED..
THE SOUTHERLY LINE OF SAID SUBDIVISION AND SAID
1785.3 FEET TO A POINT ON THE WEST LINE OF Top SOUTHWEST
55 MINUTES
QUARTER OF SAID SECTION 15; THENCE SOUTH THENCE NORTH 88
0 SECONDS EAST ALONG SAID WEST LINE
EET;;THENCE OUTH 36
DEGREES 03 MINUTES;O SECONDS EAST
DEGREES 11 MINUTES 0 SECONDS EAST 2187 FEET;T E THE SOUTH 39
DEGREES 18 MINUTES SECONS EAST 3776.7
NORTHEASTERLY ALONG SAID
CENTERLINE OF U. S. ROUTE
CENTERLINE 1353 FEET TO THE SOUTHWEST SOUTHWESTERLY
RIVER RIDGE; THENCE NORTHWESTERLY LO G THE
LINE OF SAID UNIT THREE, RIVI�DOGRIVER RIDGE 2686 FEET TO THE
SOUTHWESTERLY LINE OF UN
NORTHWEST CORNER OF SAID NORTHWESTERLY RIDGE;NE OF SAID UNIT
NORTHEASTERLY ALONG THE
TWO, RIVER RIDGE AND ALONG THE NORTHWESTERLY LINE OF UNIT
ON E, RIVER RIDGE 824.42 FEET TO THE CENTE Abp CE OF STATE NEI 886.5
ROUTE 20; THENCE NOR�-HWESTERLY ALONG
T TO A LINE DRAWN NORTH 69 DEGREES 10 SOUTH 69 DEGREES 10
FEE
EAST FROM THE POINT OF BEGIN 084 71FEE�T TO THE POINT OF BEGINNING,
MINUTES 0 SECONDS WE
IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
EXCEPT FROM SAID PARCEL THAT PART LYINGA_NTOR ERLY O EST E
FOLLOWING DESCELESDPARADIS LAKE
OE CUN T 1.; THENCE
CORNER OF STRU K
NORTHWESTERLY ALONG THE SOUTH BEING THE CENTERLINE OF BRISTOL
STRUKEL'S PARADISE LAKE UNIT 1, BE
RIDGE ROAD, ON A BEARING OF NORTH 37 DEGRES 10 FOR MINUTES 58
SECONDS WEST WHIC LINE A DISTANCOE O BEARINGS 30.00 FEET; THENCE
DESCRIPTION OF THIS , EST 50.00 FEET;
SOUTH 52 DEGREES 49 MINUTES 02 SECONDS
SECONDS WEST 361.39
THENCE SOUTH 67 DEGREES 14 MINUTES
FEET; THENCE NORTH 58 DEGREES 13 MINUTES ONSDS WEST
139.28 FEET; THENCE SOUTH 84 DEGREES S MINUTES 29
WEST 152.64 FEET; THENCE-SOUTH 4 DEGREES SOUTH 40 MINUTES
43 MINUTES
SECONDS WEST 92.20 FEET; THENCE
21 SECONDS WEST 71.59 FEET; THENCE FEET' THENCE NORTH 70 68 DEGREES
MINUTES 22 SECONDS WEST 180.2$ FEET; THENCE NORTH 83
04 MINUTES 20 SECONDS WEST 570.09EST 194.49 FEET; TTHENCE NORTH
DEGREE
S 13 MINUTES 28 SECONDS W
THENCE
80 DEGREES 06 MINUTES 46 SE SO6>SECONDS WEST 178.89 FEET;
SOUTH 79 DEGREES 22 MINUTE
THENCE SOUTHWESTERLY ALONG THE ARC HAVING A CHORD
VE TO
THE SOUTH, HAVING A RADIUS OF 18 MINUTES FEET,
B
FARING OF SOUTH 82 DEGREES 25 MINUTE ESTERLYO94..34 FEET,A
DISTANCE OF 306.52 FEETJHENCE SOUTH
ORE OR LESS, TO A POINT IN THE WESTER T Y OF THE CENTERLINE
M 100.00 FEET NORTHWESTERLY
SAID POINT BEING 1,
OF KENNEDY ROAD AS MEASURED ALONG SAID WESTERLY LINE, FOR
THE TERMINUS OF SAID LINE.
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Exhibit C
To
Establishing Ordinance
Legal Description
11.552565.4
GRANDE RESERVE SOUTH REGION
THAT PART OF SECTIONS 15, 22 AND 23, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE POINT OF INTERSECTION OF THE NORTH AND
SOUTH CENTERLINE OF SAID SECTION 15 WITH THE TANGENT OF THE
CENTERLINE OF STATE AID ROUTE 20 AS ESTABLISHED BY INSTRUMENT
RECORDED MAY 12, 1952 AS DOCUMENT 125479; THENCE WESTERLY
ALONG SAID TANGENT 185.32 FEET; THENCE SOUTH 17 DEGREES 20
MINUTES 0 SECONDS EAST TO THE CENTERLINE OF SAID STATE AID
ROUTE 20; THENCE SOUTH 17 DEGREES 20 MINUTES 0 SECONDS EAST
1303.46 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 17
DEGREES 20 MINUTES 0 SECONDS WEST 113.8 FEET; THENCE SOUTH 77
DEGREES 08 MINUTES 0 SECONDS WEST 428.4 FEET; THENCE NORTH 17
DEGREES 28 MINUTES 0 SECONDS WEST 1370.9 FEET TO THE
CENTERLINE OF STATE AID ROUTE 20; THENCE NORTH 81 DEGREES 05
MINUTES 0 SECONDS WEST ALONG SAID CENTERLINE 254.26 FEET TO A
POINT 194.7 FEET EASTERLY AS MEASURED ALONG SAID CENTERLINE
OF THE NORTHEAST CORNER OF ERICKSON'S SUBDIVISION; THENCE
SOUTHERLY PARALLEL WITH THE EASTERLY LINE OF SAID ERICKSON'S
SUBDIVISION, 462 FEET; THENCE WESTERLY PARALLEL WITH THE
CENTERLINE OF SAID ROAD 194.7 FEET TO THE EASTERLY LINE OF SAID
SUBDIVISION; THENCE SOUTHERLY ALONG SAID EASTERLY LINE TO THE
SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE WESTERLY ALONG
THE SOUTHERLY LINE OF SAID SUBDIVISION AND SAID LINE EXTENDED
1785.3 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 15; THENCE SOUTH 0 DEGREES 55 MINUTES
0 SECONDS EAST ALONG SAID WEST LINE 904 FEET; THENCE NORTH 88
DEGREES 03 MINUTES 0 SECONDS EAST 1629 FEET; THENCE SOUTH 36
DEGREES 11 MINUTES 0 SECONDS EAST 2187 FEET; THENCE SOUTH 39
DEGREES 18 MINUTES 0 SECONDS EAST 3776.7 FEET TO THE
CENTERLINE OF U. S. ROUTE 34; THENCE NORTHEASTERLY ALONG SAID
CENTERLINE 1353 FEET TO THE SOUTHWEST CORNER OF UNIT THREE,
RIVER RIDGE; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY
LINE OF SAID UNIT THREE, RIVER RIDGE AND ALONG THE
SOUTHWESTERLY LINE OF UNIT TWO, RIVER RIDGE 2686 FEET TO THE
NORTHWEST CORNER OF SAID UNIT TWO, RIVER RIDGE; THENCE
NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID UNIT
TWO, RIVER RIDGE AND ALONG THE NORTHWESTERLY LINE OF UNIT
7
ONE, RIVER RIDGE 824.42 FEET TO THE CENTERLINE OF STATE AID
ROUTE 20; THENCE NORTO NORTH ESTERLY 69 DEGREES LOG 0 MI MUTES CENTERLINE 5
FEET TO A LINE DRAWN N
EAST FROM THE POINT OSBEGINNING;8 SOUTH
4. EET TO THE PONT OF BEGINNING,
MIUTES 0 SECONDS WE
IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
EXCEPT FROM SAIDIBED LINE: COMMENCING AT TO E
FOLLOWING DESCR HE SOUTHWEST
CORNER OF STRUKEL'S PARADISE LAKE UNIT 1; THENCE
NORTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID
STRUKEL'S PARADISE BEARING O NORTH 37 DEGREES 10L O BRISTOL
RIDGE ROAD, ON A B MINUTES 518
SECONDS WEST WHICH IS THE BASIS OF BEARINGS FOR THE
DESCRIPTION OF THIS LINE, A DISTANCE OF 230.00 FEET; THENCE
SOUTH 52 DEGREES 49 MINUTES 02 SECONDS WEST 50.00 FEET;
THENCE SOUTH 67 DEGREES 14 MINUTES 17 SECONDS WEST 361.39
FEET; THENCE NORTH 58 DEGREES 13 MINUTES 13 SECONDS WEST
139.28 FEET; THENCE SOUTH 84 DEGREES 25 MINUTES 29 THENCE SOUTH 40 DEGREES 17 MINUTES 18
SECONDS
WEST 152.64 FEET,
SECONDS WEST 92.20 FEET; THENCE SOUTH 40 DEGREES 43 MINUTES
21 SECONDS WEST 71.59 FEET; THENCE NORTH 70 DEGREES 52
MINUTES 22 SECONCDS WEST FEETHTHENCE SOUTH
NORTH 83 DEGREES
04 MINUTES 20 S ONDS WEST
DEGREES 13 MINUTES 2 SECONDS WEST 194.49 FEET; THENCE
WEST 293.64 FEET; THENCE
80 DEGREES 06 MINUTE S 46
SOUTH 79 DEGREES 22 MINUTES 56 SECONDS WEST 178.89 FEET;
THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO
THE SOUTH, HAVING A RADIUS OF 180.00 FEET, HAVING A CHORD
BEARING OF SOUTH 82 DEGREES 25 MINUTES 09 SECONDS WEST, A
DISTANCE OF 306.52 FEET, THENCE SOUTHWESTERLY 94.34 FEET,
MORE OR LESS, TO A POINT IN THE WESTERLY LINE OF SAID PARCEL,
SAID POINT BEING 1,100.00 FEET NORTHWESTERLY OF THE CENTERLINE
OF KENNEDY ROAD AS MEASURED ALONG SAID WESTERLY LINE, FOR
THE TERMINUS OF SAID LINE.
8
Exhibit D
to
Establishing Ordinance
Map of Special Service Area
Number 2004-105 South Grande Reserve
011.552565.4
MW
REGION MAP I r.xa-t.t1�, I .zxatswmt
Sam
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An
CITY'S CONSENT AGREEMENT
THIS CONSENT AGREEMENT is entered into as of the day of July, 2004 by United
City of Yorkville, to and for the benefit of LaSalle Bank National Association, a national banking
association, as Administrative Agent for itself and the "Banks" (as defined in that certain Construction
Loan Agreement of even date herewith), its successors and assigns.
RECITALS
A. Concurrently herewith, Banks have agreed to make a revolving loan("Revolving Loan")
in the amount not to exceed the principal sum of$45,000,000.00 and issue standby letters of credit in the
amount of up to $12,000,000.00 an issue a direct pay letter of credit in the amount of$12,310,331.00 in
connection with the issuance of special service area bonds benefiting the Property to MPI-2 Yorkville
Central LLC, an Illinois limited liability company ("Borrower") pursuant to the terms of the Amended
and Restated Construction Loan Agreement of even date herewith(the"Loan Agreement").
B. The Loan Agreement is joined by MPI-2 Yorkville North LLC, an Illinois limited
liability company and MPI-2 Yorkville South-I LLC, an Illinois limited liability company (the
"Additional Property Owners").
C. Borrower and the Additional Property Owners(the"Developer")own fee simple title to a
certain real estate and improvements (collectively, "Property") located in Yorkville, Kendall County,
Illinois and legally described on Exhibit A attached hereto. Developer has entered into a certain Public
Improvement Agreement with the United City of Yorkville (hereinafter referred to as the "City") in
connection with the development of the Property(the"Public Improvement Agreement").
D. Developer has entered into a Collateral Assignment of Developer's Rights of even date
herewith assigning to Banks all of the rights and privileges of Developer under the Public Improvement
Agreement.
E. The City will benefit if the Loan is made to Borrower.
NOW,THEREFORE, in consideration of the foregoing and other good and valuable
consideration,the receipt and sufficiency of which are hereby acknowledged,the City hereby agrees as
follows:
1. The City hereby consents to the terms of the Assignment.
2. The City agrees that there will be no amendments to the Public Improvement Agreement
without the express written consent of the Banks' except for non-material routine field order or
engineering changes necessitated by field conditions.
3. The City agrees that in the event that the Banks exercises its rights under the Assignment
and performs the Developer's rights thereunder,that the City will make available the funds which were to
be made available to Developer upon compliance by Agent with the terms of the Public Improvement
Agreement including "Bond Proceeds" (as that term is defined in the Public Improvement Agreement),
Recovery and Recapture monies(as that term is defined in the Public Improvement Agreement.
4. The City agrees that any and all notices provided to the Developer under the Public
Improvement Agreement shall be provided to Agent and Agent shall have the right but not the obligation
to remedy or cure such breach for a period of thirty (30) days after receipt of written notice thereof,
264467.2 044599-33642
provided, however that if such breach can not reasonably remedy or cure within such thirty (30) day
period,Agent shall have such additional reasonable period of time as Banks requires to effect a remedy or
cure so long as Banks commences remedy within the aforesaid thirty (30) day period and diligently
pursue such remedy or cure thereafter including any time reasonably required by Agent to take legal
action to enable it or a receiver to perform Developer's obligations thereunder.
5. For purposes of this Agreement, all notices, demands or documents required or permitted
to be given to either party shall been given a hand-delivered, or if mailed by United States certified mail,
postage prepaid, return receipt requested,addressed to said parry as follows:
To Bank: LaSalle Bank National Association
8303 West Higgins Road
4th Floor
Chicago,Illinois
Attn: Michael McGrogan
With a copy to: LaSalle Bank National Association
14th Floor
135 South LaSalle Street
Chicago,Illinois 60603
Attn: Commercial Real Estate Syndications
and Schwartz,Cooper, Greenberger&Krauss
180 North LaSalle Street
Suite 2700
Chicago,Illinois 60601
Attn: Scott M. Lapins,Esq.
To City: United City of Yorkville
800 Game Farm Road
Yorkville,Illinois 60560
Attn: City Clerk
With a copy to: Daniel J.Kramer, Esq.
1107 S. Bridge St.
Yorkville,Illinois 60560
UNITED CITY OF YORKVILLE
By: �
Its: A A 112d
264467.2 044599-33642 2