Ordinance 2000-47 a&1ba�derson1Ren all Goun y, IL Recorder
August 11, 2000
STATE OF ILLINOIS )
ss
COUNTY OF KENDALL )
ORDINANCE NO. 2000
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT OF
JANE OLSON
WHEREAS, it is in the best interest of the UNITED CITY OF YORKVILLE, Kendall
County,Illinois,that a certain Annexation Agreement pertaining to the annexation of the real estate
described on 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 owner of record of the territory which is the subject of said Agreement
is 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 5111-15.1-1,as amended,for the
execution of said Annexation Agreement has been fully complied with; and
WHEREAS, the property is contiguous to the City.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF
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THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS, AS FOLLOWS:
Section 1: That the Mayor and 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: That this Ordinance shall be in full force and effect from and after its passage and
T oval as provided by law.
DAVE DOCKSTADER
RICHARD STICKA MIKE ANDERSON
VALERIE BURD ROSE SPEARS
LARRY KOT THOMAS SOWINSKI
APPROVED by me,as Mayor of the United City of Yorkville,Kendall County,Illinois,this
A�ay of , A.D. 206').
MAYOR
PASSED by the City Council of the United City of Yorkville,Kendall County,Illinois this
4day of , A.D. 20M.
Attest: '0'Z-'x" �• --
CITY CLERK
Prepared by and return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
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Exhibit"A"
LEGAL DESCRIPTION
PLAT OF SURVEY OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED
BY COMMENCING AT A POINT ON THE WEST LINE OF SAID SOUTHWEST
QUARTER AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF
ILLINOIS ROUTE NO. 34 FOR THE POINT OF BEGINNING; THENCE NORTH 00
DEGREES 10 MINUTES 28 SECONDS EAST ALONG THE WEST LINE OF SAID
SECTION, 600.00 FEET; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST
PARALLEL WITH SAID NORTH LINE OF ROUTE NO. 34, 148.00 FEET; THENCE SOUTH
00 DEGREES 10 MINUTES 28 SECONDS WEST PARALLEL WITH SAID WEST LINE,
600.00 FEET TO THE NORTH LINE; THENCE NORTH 84 DEGREES 36 MINUTES 32
SECONDS WEST ALONG SAID NORTH LINE, 148.00 FEET TO THE POINT OF
BEGINNING IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, EXCEPT
THAT PART OF THE SOUTHWEST QUARTER OF SAID SECTION 19-37-07 DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST
QUARTER; THENCE NORTH 00 DEGREES 10 MINUTES 27 SECONDS EAST 369.24
FEET ON AN ASSUMED BEARING ALONG THE EAST LINE OF SAID SOUTHEAST
QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 DEGREES
10 MINUTES 27 SECONDS EAST; 600.00 FEET; THENCE SOUTH 84 DEGREES 36
MINUTES 32 SECONDS EAST 50.21 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES
27 SECONDS WEST 537.74 FEET; THENCE SOUTH 49 DEGREES 22 MINUTES 39
SECONDS EAST 81.47 FEET; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS
EAST 35.53 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 27 SECONDS WEST
15.06 FEET TO THE EXISTING NORTH RIGHT OF WAY LINE OF U.S. ROUTE 34;
THENCE NORTH 84 DEGREES 36 MINUTES 32 SECONDS WEST 148.00 FEET TO THE
POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY,
ILLINOIS.
Paul Anderson, ke1n!da0 C us ?p IL AecordJ
y,
August 14, 2000
STATE OF ILLINOIS )
COUNTY OF KENDALL )
ANNEXATION AGREEMENT TO THE UNITED CITY OF YORKVILLE
of
JANE OLSON
THIS AGREEMENT is made and entered into this X day of�, 2000 by
and between THE UNITED CITY OF YORKVILLE, Yorkville, Illinois, a municipal
corporation, located in Kendall County, Illinois (hereinafter referred to as "CITY"), and JANE
OLSON, of Bristol Township, Kendall County, Illinois (hereinafter referred to as "OWNER");
(Tax Parcel I.D. 02-19-300-009).
WITNESSETH
WHEREAS, OWNER is the owner of land which lies at the North-East corner of Route
34 and Eldamain Road and contiguous to the existing corporate limits of the CITY, or which is
within its one and one-half mile planning jurisdiction of the CITY, and/or State Statute which
said land is more particularly described in the attached Exhibit"A",which is incorporated herein
by reference and;
WHEREAS, OWNER desires to annex the said real property described into the CITY, its
Plan Commission has considered the Petition to Annex, and the City Council has heretofore both
1
requested and approved the proposed land use and the zoning of the same at the request of
OWNER and the CITY; and
WHEREAS, OWNER has presented, and the CITY has considered, the tract, of real
property herein described in the attached Exhibit"A" as B-3 (Service Business District) in order
to make said real property a desirable addition to the CITY; and
WHEREAS, all parties to this Agreement desire to set forth certain terms and conditions
upon which the land heretofore described will be annexed to the CITY in an orderly manner, and
WHEREAS, OWNER and its representatives have discussed the proposed annexation
and have had public meetings with the Plan Commission and the City Council, and prior to the
execution hereof, notice was duly published and a public hearing was held to consider this
Agreement, as required by the statutes of the State of Illinois in such case made and provided.
WHEREAS, in accordance with the powers granted to the CITY by the provisions of 65
ILCS 5/11-15.1-1 through 51.1-5, inclusive, relating to Annexation Agreements, the parties
hereto wish to enter into a binding agreement with respect to the future annexation and zoning of
the subject Property and to provide for various other matters related directly or indirectly to the
annexation of the Property in the future, as authorized by, the provisions of said statutes; and
WHEREAS, pursuant to due notice and publication in the manner provided by law, the
appropriate zoning authorities of the CITY have and such public hearing and have taken all
further action required by the provisions of 65 ILCS 5/11-15.1.3 and the ordinances of the CITY
relating to the procedure for the authorization, approval and execution of this Annexation
agreement by the CITY.
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NOW THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties agree, under the terms and authority provided in 65 ILCS 5/11-
15.1-J through 65 ILCS 5/11-15.1-5, as amended, as follows:
1. A. ANNEXATION AND ZONING. The CITY shall adopt an ordinance
annexing to the CITY all of the real property described herein in the attached Exhibit"A"; and
the CITY in said ordinance shall zone the real property designated in the attached Exhibit "A"
subject to the further terms of this Agreement as B-3 (Service Business District).
Said zoning shall allow the uses, size, density, area, coverage, and
maximum building heights as set forth on Exhibit`B" for B-3 (Service Business District). Said
real property shall be used and developed in accordance with 65 ILCS 5/11-15.1 through
65/ILCS 5/11-15.1-5, and in accordance with the City Subdivision Control and Zoning
Ordinances.
B. The OWNER, and successors, heirs, and assigns hereby agree that prior to
issuance of a building permit on the subject parcel, a site development plan shall be submitted
and approved by the City Council of the United City of Yorkville
2. CITY'S AGREEMENTS.
A. The CITY agrees that due to the nature of the non-residential use and
zoning classification of said parcel, OWNER has no obligation to pay School Transition Fees or
Land-Cash Fees.
B. In the event, at a later date OWNER seeks to modify the existing zoning to
a Residential Class Zoning, OWNER agrees that School Transition fees to the ;-I-He School
District shall be paid per residential dwelling unit in said subdivision as required by CITY
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' 1
Ordinance at the time of a residential zoning class being granted and Development fees per
residential dwelling unit to the United City of Yorkville, and other fees to the United City of
Yorkville in conformance with the CITY Ordinance or as modified herein. Said Transition,
development, and other fees shall be paid per single-family residence concurrent with and prior
to the issuance of each respective subject single-family building permit. Said fees are being paid
voluntarily and with the consent of Owner and Developer based upon this contractual agreement
voluntarily entered into between the parties after negotiation of this Agreement.
Owner/Developer knowingly waives any claim or objection as to amount of the specific fees
negotiated herein voluntarily. No School Transition fees, or School-Park Land Cash Fees shall
be charged on any real property zoned for business, office, or manufacturing purposes under the
terms of this Agreement.
C. OWNER agrees that the subject parcel of real property shall be subject to
approval of a site permit by the CITY prior to the issuance of a building permit to ensure
adequate screening, landscaping, and buffering with surrounding uses.
3. RIGHTS AND OBLIGATIONS OF SUCCESSORS AND ASSIGNS. It is
specifically understood and agreed that OWNER and its successors and assigns shall have the
right to sell transfer, mortgage and assign all or any part of the subject property and the
improvements thereon to other persons, trusts, partnerships, firms, or corporations, for
investment,building, financing, developing 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 under this Agreement and upon such transfer, the
obligations pertaining to the property transferred or sold shall be the sole obligations of the
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transferee, except for any performance bonds or guaranties posted by OWNER on any
subdivided or unimproved property for which an acceptable substitute performance bond or letter
of credit has not been submitted to the CITY.
4. TIME OF THE ESSENCE, It is understood and agreed by the parties hereto that
time is of the essence of this Agreement and that all of the parties will make every reasonable
effort, including the calling of special meetings,to expedite the subject matter hereof. It is
further understood and agreed by the parties that the successful consummation of this Agreement
requires their continued cooperation.
5. COVENANTS AND AGREEMENTS. The covenants and agreements contained
in this Agreement shall be deemed to be covenants running with the land during the term of this
Agreement shall inure to the benefit of and be binding upon the heirs, successors and assigns of
the parties hereto, including the CITY, its corporate authorities and their successors in office, and
is enforceable by order of the court pursuant to its provisions and the applicable statutes of the
State of Illinois.
6. BINDING EFFECT AND TERM. This Annexation Agreement shall be binding
upon and inure to the benefit of the parties hereto, and their successors and owner of record of
land which is the subject of this Agreement, assignee, lessees, and upon any successor municipal
authorities of said city, so long as development is commenced within a period of twenty years
from the date of execution of this Agreement by the CITY.
7. NOTICE. Any notices required hereunder shall be in writing and shall be served
upon any other party in writing and shall be delivered personally or sent by registered or certified
mail, return receipt requested, postage prepaid, addressed as follows:
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If to the City: City Clerk
800 Game Farm Road
Yorkville, IL 60560
With a copy to: Daniel J. Kramer, City Attorney
1107A S. Bridge Street
Yorkville, IL 60560
To Owner: Jane Olson
c/o Attorney Gregg Ingemunson
226 S. Bridge St.
Yorkville, IL 60560
If To
Owner's Attorney: Gregg Ingemunson
226 S. Bridge St.
Yorkville, IL 60560
or to such other addresses as any party may from time to time designate in a
written notice to the other parties.
8. ENFORCE ABILITY. This Agreement shall be enforceable in any court of
competent jurisdiction by Any of the parties hereto by an appropriate action of law or in equity to
secure the performance of the covenants herein contained.
In the event any portion of said agreement becomes unenforceable due to any
change in Illinois Compiled Statutes or court decisions, said unenforceable portion of this
Agreement shall be excised here from and the remaining portions thereof shall remain in full
force and effect.
9. ENACTMENT OF ORDINANCES. The CITY agrees to adopt any ordinances
which are required to give legal effect to the matters contained in this Agreement or to correct
any technical defects which may arise after the execution of this Agreement.
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IN WITNESS WHEREOF, the undersigned have hereunto set their hands and seals this_
day of , 2000.
UNITED CITY OF YORKVILLE
Kendall County, Illinois
By: /
Arthur F. Prochaska, Jr., Mayor
Attest: Q
City Clerk
OWNER:
J NE OLSON
Prepared by and Return to:
Law Offices of Daniel J. Kramer
1107A S. Bridge Street
Yorkville, Illinois 60560
630.553.9500
Exhibit"A"
LEGAL DESCRIPTION
PLAT OF SURVEY OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED
BY COMMENCING AT A POINT ON THE WEST LINE OF SAID SOUTHWEST
QUARTER AT THE INTERSECTION OF THE NORTH RIGHT OF WAY LINE OF
ILLINOIS ROUTE NO. 34 FOR THE POINT OF BEGINNING; THENCE NORTH 00
DEGREES 10 MINUTES 28 SECONDS EAST ALONG THE WEST LINE OF SAID
SECTION, 600.00 FEET; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS EAST
PARALLEL WITH SAID NORTH LINE OF ROUTE NO. 34, 148.00 FEET; THENCE SOUTH
00 DEGREES 10 MINUTES 28 SECONDS WEST PARALLEL WITH SAID WEST LINE,
600.00 FEET TO THE NORTH LINE; THENCE NORTH 84 DEGREES 36 MINUTES 32
SECONDS WEST ALONG SAID NORTH LINE, 148.00 FEET TO THE POINT OF
BEGINNING IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS, EXCEPT
THAT PART OF THE SOUTHWEST QUARTER OF SAID SECTION 19-37-07 DESCRIBED
AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHEAST
QUARTER; THENCE NORTH 00 DEGREES 10 MINUTES 27 SECONDS EAST 369.24
FEET ON AN ASSUMED BEARING ALONG THE EAST LINE OF SAID SOUTHEAST
QUARTER TO THE POINT OF BEGINNING; THENCE CONTINUE NORTH 00 DEGREES
10 MINUTES 27 SECONDS EAST; 600.00 FEET; THENCE SOUTH 84 DEGREES 36
MINUTES 32 SECONDS EAST 50.21 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES
27 SECONDS WEST 537.74 FEET; THENCE SOUTH 49 DEGREES 22 MINUTES 39
SECONDS EAST 81.47 FEET; THENCE SOUTH 84 DEGREES 36 MINUTES 32 SECONDS
EAST 35.53 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 27 SECONDS WEST
15.06 FEET TO THE EXISTING NORTH RIGHT OF WAY LINE OF U.S. ROUTE 34;
THENCE NORTH 84 DEGREES 36 MINUTES 32 SECONDS WEST 148.00 FEET TO THE
POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY,
ILLINOIS.
r '
10-7D•-1 10-7D-1
CHAPTER
BUSINESS DISTRICTS
ARTICLE D. B-3 SERVICE BUSINESS DISTRICT
SECTION:
10-7D-1: Permitted Uses
10-7D-2: Special Uses
10-7D-3: Lot Area
10-7D-4: Yard Areas
10-7D-5: Lot Coverage
10-7D-6: Maximum Building Height
10-7D-7: Off-Street Parking And Loading
10-7D-1: PERMITTED USES:
All uses permitted in the B-2 District.
Agricultural.implement sales and service.
Appliance - service only.
Automotive sales and service.
Boat sales.
Building material sales.
Business machine repair.
Car wash without mechanical repair on the premises.
Catering service.
Drive-in restaurant.
January 2000
City of Yorkville
10-7D-1 10-7D-1
Electrical equipment sales.
Feed and grain sales.
Frozen food locker.
Furniture repair and refinishing.
Golf driving range.
Greenhouse.
Kennel.
Mini-warehouse storage.
Miniature golf.
Motorcycle sales and service.
Nursery.
Orchard.
4
Park - commercial recreation.
Plumbing supplies and fixture sales.
Pump sales.
Recreational vehicle sales and service.
Skating rink.
Sports arena.
Taxicab garage.
Tennis court - indoor.
Trailer rental.
Truck rental.
Truck sales and service.
January 2000
City of Yorkville
i
10-7D• 1
10-7D-4
Upholstery shop.
Veterinary clinic. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1986-1, 1-9-1986;
Ord. 1988-7, 4-14-1988; Ord. 1.995-19, 8-10-1995; Ord. 1998-21,
6-25-1998)
10-7D-2: SPECIAL USES:
All special uses permitted in the B-2 District.
Amusement park.
Boat launching ramp.
Boat rental and storage.
Daycare centers.
Stadium. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1995-19, 8-10-1995; Ord.
1995-20, 8-10-1995)
10-7D-3: LOT AREA: No lot shall have an area less than ten thousand
(10,000) square feet. (Ord. 1986-1, 1-9-1986)
10-7D-4: YARD AREAS: No building shall be erected or enlarged
unless the following yards are provided and maintained in
connection with such .building, structure or enlargement:
A. Front Yard: A front yard of not less than fifty feet (50'). (Ord.
1973-56A, 3-28-1974)
B. Side Yards:
1. A minimum side yard shall be required between buildings within
the B-3 District of twenty feet .(20') between a building constructed
thereon and the side lot line, except in any existing B-3 Zoning
District within the corporate boundaries where no minimum side yard
shall be required between buildings, except where a side yard
adjoins a street, wherein a minimum yard of not less than. thirty feet
(30') shall be required.
January 2000
City of Yorkville
10-7D-4 10-7D-7
2. The Zoning Board of Appeals may, upon application, grant a
variance to any petitioner seeking to vary the side yard requirements
in a B-3 District if the variance is sought for a parcel of real estate
that is sought to be developed as a planned unit development
because of the unique nature of the parcel or development sought
thereon. (Ord. 1986-1, 1-9-1986; amd. 1994 Code)
C. Rear Yard: A rear yard of not less than twenty feet (20'). (Ord.
1973-56A, 3-28-1974)
D. Transitional Yards: Where a side or rear lot line coincides with a
residential district zone, a yard of not less thirty feet (30') shall be
required. A transitional yard shall be maintained only when the
adjoining residential district is zoned R-1 or R-2 One-Family
Residential. (Ord. 1973-56A, 3-28-1974; amd. Ord. 1987-1,
2-12-1987)
E. Parking Lot Setback Requirements:
1. Arterial Roadways: When a parking lot located in the B-3 Zoning
District is located next to an arterial roadway, as defined in the City's
Comprehensive Plan, a twenty foot (20') setback from the property
line is required.
2. Nonarterial Roadways: When a parking lot located in the B-3 It
Zoning District is located next to a nonarterial roadway, as defined in
the City's Comprehensive Plan, a ten foot (10') setback from the
property line is required. (Ord. 1998-32, 11-5-1998)
10-7D-5: LOT COVERAGE: No more than fifty percent (50%) of the
area of the zoning lot may be occupied by buildings and
structures, including accessory buildings. (Ord. 1973-56A, 3-28-1974)
10-7D-6: MAXIMUM BUILDING HEIGHT: No building or structure
shall be erected or altered to exceed a maximum height of
thirty five feet (35') or three (3) stories, not in excess of thirty five feet (35').
(Ord. 1973-56A, 3-28-1974; amd. Ord. 1998-8, 3-26-1998)
10-7D-7: OFF-STREET PARKING AND LOADING: All in accordance
with regulations set forth in Chapter 11 of this Title. (Ord.
1973-56A, 3-28-1974)
January 2000
City of Yorkville
v L 1
F.I.P.
` . ,5 21- d 84'38'32" E
• F.I.P.
97.79'
• JV'
SCALE 1'=40'
PLAT OF SURVEY OF THE SOUTHWEST QUARTER OF SECTION 19, TOWNSHIP
37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING
• E P DESCRIBED BY COMMENCING AT A POINT ON THE WEST LINE OF SAID
SOUTHWEST QUARTER AT THE INTERSECTION OF THE NORTH RIGHT OF WAY
LINE OF ILLINOIS ROUTE N0. 34 FOR THE POINT OF BEGINNING; THENCE
NORTH 00 DEGREES 10 MINUTES 28 SECONDS
EAST ALONG THE WEST LINE
OF SAID SECTION, 600.00 FEET; THENCE SOUTH 84 DEGREES 38 MINUTES 32
SECONDS EAST PARALLEL WITH SAM NORTH LINE OF ROUTE NO. 34, 148.00
FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 28 SECONDS WEST PARAlum
WITH SAID WEST LINE, 800.00 FEET TO THE NORTH LINE; THENCE NORTH 84
DEGREES 36 MINUTES 32 SECONDS WEST ALONG SAID NORTH LINE, 148.00
FEET TO THE POINT OF BEGINNING IN THE TOWNSHIP OF BRISTOL, KENDALL
COUNTY, ILLINOIS, EXCEPT THAT PART OF THE SOUTHWEST QUARTER OF SAID
SECTION 19-37-07 DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 00
DEGREES 10 MINUTES 27 SECONDS EAST 369.24 FEET ON AN ASSUMED
BEARING ALONG THE EAST LINE OF SAID SOUTHEAST QUARTER TO THE POINT
OF BEGINNING; THENCE CONTINUE NORTH 00 DEGREES 10 MINUTES 27
SECONDS EAST 600.00 FEET. THENCE SOUTH 84 DEGREES 36 MINUTES 32
co SECONDS EAST 50.21 FEET' THENCE SOUTH 00 DEGREES 10 MINUTES 27
4 SECONDS WEST 537.74 FEET; THENCE SOUTH 49 DEGREES 22 MINUTES 39
o r�: SECONDS EAST 81.47 FEET; THENCE SOUTH 84 DEGREES 36 MINUTES 32
" SECONDS EAST 35.53 FEET; THENCE SOUTH 00 DEGREES 10 MINUTES 27
SECONDS WEST 15.06 FEET TO THE EXISTING NORTH RIGHT OF WAY LINE OF
m U.S. ROUTE 34; THENCE NORTH 84 DEGREES 35 MINUTES 32 SECONDS WEST
0 m 148.00 FEET TO THE POINT OF BEGROMG, IN THE TOWNSHIP OF BRISTOL,
o KENDALL COUNTY, ILLINOIS.
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N N SURVEYOR; DO HERnny CEIi !Fz THAT THE PLAT SHONN HEREON I
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" tO MY DIRECTION.
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