Ordinance 2006-041 200600019344
Filed for Record in
KENDALL COUNTY► ILLINOIS
PAUL ANDERSON
06 -29 -2006 At 01:47 an.
STATE OF ILLINOIS ) ORDINANCE 56.00
ss
RHSP Surcharge 10.00
COUNTY OF KENDALL )
ORDINANCE NO. 2006-
AN ORDINANCE AUTHORIZING THE EXECUTION
OF RECAPTURE AGREEMENT
(River's Edge Subdivision)
WHEREAS, it is prudent and in the best interest of the UNITED CITY OF
YORKVILLE, Kendall County, Illinois, to enter into a Recapture Agreement regarding
work done by S & K Development, LLC generally in furtherance of the River's Edge
Subdivision, and
WHEREAS, a copy of said Recapture agreement is attached hereto, and
incorporated by reference herein as Exhibit "A ", explaining the terms conditions, and
both legal and engineering rational for the agreement, and
WHEREAS, said agreement, and this Ordinance shall be recorded to become a
record of title for the effected areas, and
WHEREAS, said Recapture Agreement (Exhibit "A ") has been drafted and has been
considered by the City Council; and
WHEREAS, the S & K Development, LLC are ready, willing and able to enter into
said Agreement and to perform the obligations as required hereunder; and
Page 1 of 3
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND THE CITY
COUNCIL OF THE UNITED CITY OF YORKVILE, KENDALL COUNTY,
ILLINOIS, AS FOLLOWS;
Section 1: The preambles are set forth herein.
Section 2: The Mayor and the City Clerk are herewith authorized and directed to
execute, on behalf of the City, the Recapture Agreement set forth in Exhibit "A" copy of
which Recapture Agreement is attached hereto and made a part hereof.
Section 2: This ordinance shall be in full force and effect from and after its passage
and approval as provided by law.
JAMES BOCK JOSEPH BESCO
VALERIE BURD -- PAUL JAMES A ,
DEAN WOLFER —' MARTY MUNNS L
L
ROSE SPEARS JASON LESLIE
Approved by me, as Mayor of the United City of Yorkville, Kendall County,
Illinois, this Day of , A.D. 2006.
MAYOR
Passed by the City Council of the United City of Yorkville, Kendall County,
Illinois this day of , A.D. 2006.
ATTEST:
CITY CLERK
Page 2 of 3
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Prepared by:
John Justin Wyeth
City Attorney
United City of Yorkville
800 Game Farm Road
Yorkville, IL 60560
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Page 3 of 3
May 1, 2006
PREPARED BY and RETURN TO:
Thomas W. Grant
200 Hillcrest Avenue
P0 Box 326
Yorkville, IL 60560
Location and P.I.N. Numbers
of Benefited Properties:
See attached Exhibit "B"
RECAPTURE AGREEMENT
RIVER'S EDGE SUBDIVISION
WATER MAIN RECAPTURE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
THIS RECAPTURE AGREEMENT is made and entered into this day of
2006, between the UNITED CITY OF YORKVILLE, an Illinois
Municipal Corporation, herein referred to as "City ", and S & K DEVELOPMENT, LLC,
(hereinafter referred to as the "Developer ").
RECITALS
WHEREAS, S & K DEVELOPMENT, LLC as the owner of property legally
described on Exhibit "A ", attached hereto and made a part hereof, the "Subject Property ",
has heretofore developed the property into a residential subdivision known as RIVER'S
EDGE SUBDIVISION, YORKVILLE, KENDALL COUNTY, ILLINOIS; and
WHEREAS, in developing the Subject Property, the Developer agreed to design,
construct and install at its sole expense certain public improvements, generally described
as the River's Edge Watermain, which are specified in the engineering plans for the
Subdivision developed on the Subject Property and required by the terms of the
Annexation Agreement; and
WHEREAS, Developer has completed the construction and installation of the
River's Edge Watermain and has expended the funds for the completion of the River's
Edge Watermain; and
WHEREAS, in addition to the Subject Property, there are other parcels of
developed and undeveloped property which will be benefited by the River's Edge
Watermain, or a branch thereof, which properties are described in Exhibit "B" and in
Exhibit "C" (hereinafter referred to as the "Benefited Properties "); and
WHEREAS, the Developer agreed to pay the total costs of the River's Edge
Watermain provided that the City seek reimbursement from owners of the Benefited
Properties in accordance with the terms of the Annexation Agreement and the terms this
Agreement; and
WHEREAS, the Subject Improvements have been installed and completed and the
City has determined that the costs of the River's Edge Watermain Improvements are
reasonable, and that such costs have been fairly and reasonably apportioned between the
Developer and the owners of the Benefited Properties; and
WHEREAS, the parties have determined that it is necessary, convenient and
desirable to enter into this Agreement to ensure that owners of the Benefited Properties
pay their fair share of the River's Edge Watermain Improvements on the basis of the
2
actual costs incurred by the Developer, which actual costs include the Developer's
jreasonable engineering expenses plus interest as provided herein; and
WHEREAS, the City enters into this Recapture Agreement in accordance with the
provisions of 65 ILCS 5/9 5 -1.
1
' NOW, THEREFORE, in consideration of the foregoing premises, and in further
consideration of the mutual covenants, agreements and conditions herein contained, the
parties hereto agree as follows:
SECTION 1: The foregoing recitals are substantive and are incorporated in
the body of this Agreement.
SECTION 2: The City shall collect from the owners of the Benefited
Properties that portion of the actual total costs incurred by the Developer in the
engineering and construction of the River's Edge Watermain which are apportioned to the
Benefited Properties as shown on Exhibit D ("Recapture Amount"). Interest at the rate
of 5% simple interest per annum shall be included in the Recapture Amount from the date
of completion of the Improvements to the date a Benefited Property owner becomes
liable for payment therefore as provided in Section 3 and makes said payment, or until
twenty years from the date of this Agreement, whichever occurs first. (For clarification,
5% of the original principal amount, $170,000.00, or the remaining principal amount as
the recapture amount is partially paid down, will be added each year to the recapturable
amount.) The City shall remit to the Developer all funds received from the owners of the
Benefited Properties, hereinafter "Recapture Payments" within ten (10) days of receipt.
SECTION 3: An owner of a Benefited Property shall become obligated to
3
pay the required Recapture Amount as to the Williamsport properties and the Christie
properties upon the earlier of approval of a Final Plat or Final Development Plan for any
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portion of the benefited property or the issuance of the first building permit for the
construction of improvements on any part of the benefited property, and as to the
FoxLawn Subdivision ro erties upon the issuance of individual permits for connection
p p P p
of individual lots to a watermain or water line connected to and drawing water from the
City of Yorkville Municipal Water System.
SECTION 4: The City may condition annexation and subdivision and
issuance of any building, occupancy, connection, or access permits upon payment of the
designated share of the Recapture Amount by the owner or owners of the Benefited
Properties making use of or benefiting from the Improvements.
SECTION 5: The City's obligation to deliver the Recapture Amount or any
Recapture Payments collected pursuant to this Agreement constitutes a limited obligation
of the City, payable solely from the amounts received by the City from the owners of
Benefiting Properties. This obligation does not now and shall never constitute a general
indebtedness of the City within the meaning of any State of Illinois constitutional or
statutory provision or give rise to any pecuniary liability of the City.
SECTION 6: The City shall endeavor in good faith to enforce the
provisions of this Agreement. However, the parties recognize the possibility of omissions
or errors. The Developer agrees that the City shall not be liable in any way in the event
that the City fails, for any reason whatsoever, to collect or enforce payment of the
Recapture Amount. Further, the Developer shall indemnify, defend and hold harmless the
4
City, its officers, agents and employees, from any and all actions, claims, demands or
judgments (including attorneys fees) arising out of the existence, terms, administration,
enforcement or attempted enforcement of any provision of this Agreement. The
Developer shall prosecute or defend any action, proceeding, or cause, legal or otherwise,
that may arise out of the existence, terms, administration, enforcement or attempted
enforcement of any provisions of this Agreement.
SECTION 7: Except as otherwise herein provided, this Agreement shall
inure to the benefit of, and be binding upon, the parties, their successors and assigns. In
the event any part or portion of this Agreement is held invalid or unenforceable by a court
of competent jurisdiction, the remaining portions hereof shall continue in full force and
effect.
SECTION 8: The City agrees to approve this Agreement by Ordinance or
Resolution. This Agreement shall become effective upon its execution by the parties and
the recording of the Agreement and Ordinance or Resolution with the Recorder of the
County of Kendall County, Illinois. The benefits conferred by this Agreement shall
expire twenty (20) years from the date of final execution hereof by the parties hereto.
SECTION 9: This Agreement shall in all respects be subject to and
construed in accordance with and governed by the laws of the State of Illinois. Venue for
any action arising out of the terms or conditions of this Agreement shall be proper only in
the Circuit Court for the Sixteenth Judicial Circuit, Kendall County, Illinois.
SECTION 10: All payments and notice to the Developer under this
Agreement shall be sent by regular U.S. mail, postage paid to:
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S & K Development LLC
586 Kelly Avenue
Yorkville, IL 60560
or to such other address as the Developer shall direct in writing. The Developer shall
have the right to assign its rights under this Agreement.
THE PARTIES TO THIS AGREEMENT by their signatures acknowledge they
have read and understand this Agreement and intend to be bound by its terms.
UNITED CITY OF YORKVILLE DEVELOPER
S & K DEVELOPMENT, LLC
By: By
Mayor [Print Name] Phillip Knierim
[Title] Member
ATTEST: ATTES
B By: /' e
1 [Pririt Dame] Richard T. Stanciu
[Title] Member
Y:\Real Estate.2006 \River's Edge Recapture\Recapture Agreement. 050106. doe
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EXHIBIT "A"
LEGAL DESCRIPTION OF RIVER'S EDGE SUBDIVISION
PHASE ONE AND PHASE TWO
THAT PART OF THE EAST HALF OF SECTION 31 AND WEST HALF OF
SECTION 32, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTH EAST
CORNER OF UNIT NO. 1 OF FOX LAWN SUBDIVISION; THENCE 65° 31' 57"
EAST 491.38 FEET ALONG THE CENTER LINE OF FOX ROAD TO A POINT;
THENCE NORTH 15 51' 57" WEST 2012.01 FEET TO THE SOUTH RIGHT -OF-
WAY OF THE BURLINGTON NORTHERN RAILROAD; THENCE NORTH 15° 31'
56" WEST 1579 FEET TO THE SOUTH BANK OF THE FOX RIVER; THENCE
WESTERLY ALONG SAID SOUTH BANK OF THE FOX RIVER
APPROXIMATELY 1175 FEET TO AN EXISTING FENCE LINE; THENCE SOUTH
15 13'43" EAST 2781 FEET TO A POINT IN THE NORTH RIGHT -OF -WAY LINE
OF THE BURLINGTON NORTHERN RAILROAD; THENCE SOUTH 15 12' 14"
EAST 1148.27 FEET TO A POINT IN THE CENTER LINE OF FOX ROAD; THENCE
NORTHEASTERLY 342.43 FEET ALONG SAID CENTER LINE OF FOX ROAD
ALONG A 17,188.6 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD
BEARS OR 66 02' 13" EAST 342.43 FEET TO A POINT; THENCE NORTH 65 31;
57" EAST 370.34 FEET ALONG SAID CENTER LINE OF FOX ROAD (ALSO
BEING THE NORTH LINE OF FOX LAWN UNIT NO. 1 SUBDIVISION) TO THE
POINT OF BEGINNING, EXCEPTING THEREFROM THE RIGHT -OF -WAY OF
j THE BURLINGTON NORTHERN RAILROAD (NOW KNOWN AS RAILNET), ALL
BEING SITUATED IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
i
ILLINOIS.
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CAShared 2006\Real Estate.2006\River's Edge Recapture\River's Edge Phase 1 & 2 Legal.doc
EXHIBIT '►B►►
LOCATION AND P.I.N. NUMBERS OF BENEFITED PROPERTIES
FOXLAWN SUBDIVISION UNITS 1, 2, 3, 4 AND 5
STREETS:
POPLAR ROAD
BIRCH COURT
CEDAR COURT
MAPLE STREET
HICKORY COURT
PINE COURT
PIN NUMBERS:
SEE ATTACHED TAX MAP CONTAINING THE PIN NUMBERS OF THE
BENEFITED PROPERTIES SITUATED IN FOXLAWN SUBDIVISION (EXHIBIT
WILLIAMSPORT SUBDIVISION UNIT 1
ALL LOTS
STREETS:
OXFORD DRIVE
FOXBORO DRIVE
FOXBORO COURT
WINDSOR WAY
MAPLE STREET
MAPLE COURT
JAMESTOWN DRIVE
MANSFIELD ROAD
PIN NUMBERS:
SEE ATTACHED TAX MAP CONTAINING THE PIN NUMBERS OF THE
BENEFITED PROPERTIES SITUATED IN WILLIAMSPORT SUBDIVISION UNIT 1
(EXHIBIT " B -2")
CHRISTIE PROPERTY
P.I.N. NUMBERS:
05 -38- 301 -001
05 -05- 104 -001
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1
EXHIBIT "C" - PAGE 1
LEGAL DESCRIPTION
FOX LAWN UNIT 1
THAT PART OF THE NORTHWEST QUARTER OF SECTION 5 AND PART OF
THE NORTHEAST Q UARTER OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE SOUTHEAST
QUARTER OF SECTION 31 AND PART OF THE SOUTHWEST QUARTER OF
SECTION 32, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF
SAID SECTION 31; THENCE EAST ALONG THE NORTH LINE OF THE
SOUTHEAST QUARTER OF SAID SECTION 31, 1397.34 FEET; THENCE SOUTH
17 33'21" EAST 1340.92 FEET TO THE NORTH LINE OF THE RIGHT OF WAY
OF THE CHICAGO, BURLINGTON AND QUINCY RAILROAD COMPANY;
THENCE SOUTH 17 32'40" EAST 1144.42 FEET TO THE CENTER LINE OF FOX
ROAD; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE, BEING
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 17,188.60 FEET, A
DISTANCE OF 96.78 FEET FOR THE POINT OF BEGINNING; THENCE
NORTHEASTERLY ALONG SAID CENTER LINE 456.19 FEET; THENCE NORTH
63 09'20" EAST ALONG SAID CENTER LINE 370.56 FEET; THENCE SOUTH 14
07' 19" EAST 791.72 FEET; THENCE SOUTH 75 52' 41" WEST 193.78 FEET;
THENCE NORTH 71 50'40" WEST 200 FEET; THENCE SOUTH 18 09'20" WEST
231.01 FEET; THENCE SOUTHERLY ALONG A CURVE TO THE LEFT, BEING
TANGENT TO THE LAST DESCRIBED LINE AT THE LAST DESCRIBED POINT
AND HAVING ',A RADIUS OF 592.05 FEET, A DISTANCE OF 100.06 FEET;
THENCE NORTH 81 3F41 " WEST 298.34 FEET TO A POINT SOUTH 14 07
EAST FROM THE POINT OF BEGINNING; THENCE NORTH 14° 07' 19" WEST
670.06 FEET TO THE POINT OF BEGINNING, CONTAINING 13.686 ACRES, IN
KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
BEING FOXLAWN UNIT 1 SUBDIVISION, THE PLAT OF WHICH WAS
RECORDED ON NOVEMBER 17, 1965 AS DOCUMENT NO. 150271 IN BOOK 12
OF PLATS ON PAGE 22.
Legal Description checked 3/15/06 by TWG and AMR
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EXHIBIT "C" - PAGE 2
LEGAL DESCRIPTION
FOX LAWN UNIT 2
THAT PART OF THE NORTHWEST QUARTER OF SECTION 5 AND PART OF
THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHWESTERLY CORNER OF UNIT ONE,
FOXLAWN; THENCE SOUTH 14 °07'19" EAST ALONG THE EXTENSION OF THE
WESTERLY LINE OF SAID UNIT ONE, 559.18 FEET; THENCE NORTH 75 °52'41"
EAST, 338.99 FEET THENCE NORTH 14 °07'19" WEST, 220.0 FEET; THENCE
NORTH 75 0 52'4 . 1" EAST, 60.31 FEET; THENCE NORTH 14 °07'19" WEST, 84.41
FEET; THENCENORTH 18 0 09'20" EAST, 172.94 FEET; THENCE SOUTH 71 °50'40"
EAST, 12.0 FEET; THENCE NORTH 18 °09'20" EAST, 210.0 FEET TO AN ANGLE
POINT IN A SOUTHERLY LINE OF SAID UNIT ONE; THENCE NORTH 71 °50'40"
WEST ALONG SAID SOUTHERLY LINE, 200.0 FEET TO THE EASTERLY LINE
OF POPLAR ROAD; THENCE SOUTH 18 0 09'20" WEST ALONG SAID EASTERLY
LINE, 231.01 FEET; THENCE SOUTHERLY ALONG SAID EASTERLY LINE,
BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 592.05 FEET, A
DISTANCE OF 100.06 FEET TO THE SOUTHERLY LINE OF LOTS 9 AND 10 OF
SAID UNIT ONE, EXTENDED EASTERLY; THENCE NORTH 81 °31'41" WEST
ALONG THE EXTENSION OF SAID SOUTHERLY LINE AND ALONG SAID
SOUTHERLY LINE 298.34 FEET TO THE POINT OF BEGINNING; CONTAINING
5.52 ACRES; IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS.
BEING FOXLAWN UNIT 2 SUBDIVISION, THE PLAT OF WHICH WAS
RECORDED ON JULY 21, 1971 AS
DOCUMENT NO. 71 -2574 IN BOOK 13 OF
PLATS ON PAGE 53.
Legal Description checked 3/15/06 by TWG and AMR
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EXHIBIT "C" - PAGE 3
LEGAL DESCRIPTION
FOX LAWN UNIT 3
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THAT PART OF UNIT TWO, FOXLAWN, AND PART OF SECTIONS 5 AND 6,
TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF
LOT 6, UNIT ONE, FOXLAWN; THENCE SOUTH 14 °07'19" EAST, ALONG THE
EXTENSION OF THE EASTERLY LINE OF SAID UNIT ONE, 621.76 FEET;
THENCE SOUTH 75 0 52'41" WEST 20.0 FEET; THENCE SOUTH 14 °07'19" EAST
170.0 FEET; THENCE SOUTH 75 °52'41" WEST 617.74 FEET; THENCE NORTH
14 0 07'19" WEST 30.0 FEET; THENCE SOUTH 75 °52'41" WEST 170.0 FEET TO A
POINT ON THE SOUTHERLY EXTENSION OF THE WEST LINE OF UNIT TWO,
FOXLAWN; THENCE NORTH 14 0 07'19" WEST, ALONG SAID EXTENSION AND
SAID WEST LINE, 314.24 FEET TO THE SOUTHWEST CORNER OF LOT 3 OF
SAID UNIT TWO; THENCE NORTH 75 °52'41" EAST, ALONG THE SOUTH LINE
OF SAID LOT 3,170.0 FEET TO THE WEST LINE OF POPLAR STREET; THENCE
SOUTH 14 EAST, ALONG SAID WEST LINE, 174.24 FEET TO THE SOUTH
LINE OF MAPLE STREET; THENCE NORTH 75 °52'41" EAST, ALONG THE
SOUTH LINE OF MAPLE STREET, 168.99 FEET TO THE EAST LINE OF SAID
UNIT TWO; THENCE NORTH 14 WEST, ALONG SAID EAST LINE, 220.0
FEET TO THE SOUTH LINE OF LOT 6 OF SAID UNIT TWO; THENCE NORTH
75 °52'41" EAST, ALONG SAID SOUTH LINE, 60.31 FEET TO THE EAST LINE OF
E
SAID UNIT TWO; THENCE NORTH 14'07'19" WEST, ALONG SAID EAST LINE,
84.41 FEET; THENCE NORTH 18 0 09'20" EAST, ALONG SAID EAST LINE, 172.94
FEET TO THE SOUTHWEST LINE OF CEDAR COURT; THENCE SOUTH
71 0 50'40" EAST, ALONG SAID SOUTHWEST LINE, 12.0 FEET TO THE EAST
LINE OF SAID UNIT TWO; THENCE NORTH 18 0 09'20" EAST, ALONG SAID
EAST LINE, 210 FEET TO THE SOUTH LINE OF SAID UNIT ONE; THENCE
NORTH 75 0 52'41" EAST, ALONG SAID SOUTH LINE, 193.78 FEET TO THE POINT
OF BEGINNING; CONTAINING 8.99 ACRES IN KENDALL TOWNSHIP,
KENDALL COUNTY, ILLINOIS.
BEING FOXLAWN UNIT 3 SUBDIVISION, THE PLAT OF WHICH WAS
RECORDED ON APRIL 24, 1972 AS DOCUMENT NO. 72 -1816 IN BOOK 14 OF
PLATS ON PAGE 27.
Legal Description checked 3/15/06 by TWG and AMR
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EXHIBIT "C" - PAGE 4
LEGAL DESCRIPTION
< FOX LAWN UNIT 4
I
THAT PART OF THE NORTHWEST QUARTER OF SECTION 5 AND PART OF
THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN; DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWESTERLY CORNER OF LOT 3 IN UNIT THREE,
FOXLAWN; THENCE NORTH 75 °5241" EAST ALONG THE SOUTHERLY LINE
OF SAID LOT 3, 170.0 FEET TO THE SOUTHEASTERLY CORNER THEREOF;
THENCE SOUTH 14 EAST ALONG THE WESTERLY LINE OF POPLAR
ROAD 30.0 FEET; THENCE NORTH 75 °52'41" EAST ALONG A SOUTHERLY
LINE OF SAID UNIT THREE, 527.74 FEET TO THE SOUTHEASTERLY CORNER
OF LOT 8 IN SAID UNIT THREE; THENCE SOUTH 14 EAST 150.0 FEET;
THENCE NORTH 75 °52'41" EAST 110.0 FEET TO THE EXTENSION SOUTHERLY
OF THE MOST EASTERLY LINE OF SAID UNIT THREE; THENCE SOUTH
14 0 07'19" EAST ALONG SAID EXTENSION, 280.0 FEET; THENCE SOUTH
75 0 52'41" WEST 637.74 FEET; THENCE NORTH 14 0 07'19" WEST 50.0 FEET;
THENCE SOUTH 75 0 52'41" WEST 170.0 FEET TO THE EXTENSION SOUTHERLY
OF THE MOST WESTERLY LINE OF SAID UNIT THREE; THENCE NORTH
14 WEST ALONG SAID EXTENSION, 410.0 FEET TO THE POINT OF
BEGINNING; CONTAINING 7.52 ACRES; IN THE TOWNSHIP OF KENDALL,
KENDALL COUNTY, ILLINOIS.
i
BEING FOXLAWN UNIT 4 SUBDIVISION THE PLAT OF WHICH WAS
RECORDED ON MAY 2, 1973 AS DOCUMENT NO. 73 -2023 IN BOOK 14 OF
PLATS ON PAGE 69.
Legal Description checked 3/15/06 by TWG and AMR
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EXHIBIT "C" - PAGE 5
LEGAL DESCRIPTION
FOX LAWN UNIT 5
i
THAT PART OF THE NORTHWEST QUARTER OF SECTION 5 AND PART OF
THE NORTHEAST QUARTER OF SECTION 6, TOWNSHIP 36 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 IN UNIT FOUR,
FOXLAWN SUBDIVISION; THENCE NORTH 75 °52'41" EAST ALONG THE
SOUTHERLY LINE OF SAID LOT 4,170 FEET TO THE WESTERLY RIGHT OF
WAY LINE OF POPLAR ROAD; THENCE SOUTH 14 °07'19" EAST ALONG SAID
WESTERLY LINE 50.0 FEET TO THE SOUTHERLY LINE OF SAID UNIT FOUR;
THENCE NORTH 75 0 52'41" EAST ALONG SAID SOUTHERLY LINE OF SAID
UNIT FOUR 637.74 FEET TO THE SOUTHEAST CORNER OF SAID UNIT FOUR;
THENCE SOUTH 14 0 07'19" EAST ALONG THE SOUTHERLY EXTENSION OF
THE EASTERLY LINE OF SAID UNIT FOUR 448.74 FEET; THENCE SOUTH
67 WEST 816.78 FEET TO A POINT ON THE SOUTHERLY EXTENSION OF
THE WESTERLY LINE OF SAID UNIT FOUR; THENCE NORTH 14'07'19" WEST
ALONG SAID SOUTHERLY EXTENSION 620.08 FEET TO THE POINT OF
BEGINNING; CONTAINING 9.641 ACRES; IN KENDALL COUNTY, ILLINOIS.
BEING FOXLAWN UNIT 5 SUBDIVISION, THE PLAT OF WHICH WAS
RECORDED ON JUNE 3, 1974 AS DOCUMENT NO. 74 -2589 IN BOOK 15 OF
PLATS ON PAGE 36.
Legal Description checked 3/15/06 by TWG and AMR
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EXHIBIT "C" - PAGE 6
LEGAL DESCRIPTION
WILLIAMSPORT UNIT 1
i
A PART OF THE SOUTH HALF OF SECTION 32, TOWNSHIP 37 NORTH, RANGE
7 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND A PART OF THE NORTH
HALF OF SECTION 5, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST
QUARTER OF SAID SECTION 5, THENCE WEST ALONG THE NORTH LINE OF
SAID SECTION 5, 964.76 FEET TO THE POINT OF BEGINNING:
FROM SAID POINT OF BEGINNING, THENCE NORTH 11 °11'33" WEST, 160.68
FEET; THENCE NORTH 78 °48'27" EAST, 173.45 FEET; THENCE NORTH 11 °11'33"
WEST, 5.0 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY
ALONG A 554.64 FOOT RADIUS CURVE CONVEX NORTHEASTERLY, SAID
CURVE BEING TANGENT TO THE LAST DESCRIBED LINE AT SAID POINT OF
CURVATURE, AN ARC DISTANCE OF 416.82 FEET TO A POINT OF
TANGENCY, THE CHORD TO SAID ARC BEARING NORTH 32 °43'19" WEST,
407.08 FEET; THENCE NORTH 54'15'09" WEST ALONG A LINE TANGENT TO
THE LAST DESCRIBED CURVE AT SAID POINT OF TANGENCY, 19.27 FEET;
THENCE NORTH 10 °26'01" WEST, 489.57 FEET TO THE SOUTHEASTERLY LINE
OF FOX ROAD; THENCE NORTH 66 0 14'01" EAST ALONG SAID
SOUTHEASTERLY LINE, 1856.94 FEET TO THE WESTERLY LINE OF UNIT 2,
FRED ATLEE SUBDIVISION; THENCE SOUTH 3 °59'06" WEST ALONG SAID
WESTERLY LINE AND ALONG SAID LINE EXTENDED SOUTHERLY AND
ALONG THE WESTERLY LINE OF HUGHES SUBDIVISION OF LOT 1 OF
OWNER'S PLAT OF PART OF THE SOUTHEAST QUARTER OF SECTION 32,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
1700.86 FEET TO A CONCRETE MONUMENT AT THE SOUTHWESTERLY
CORNER OF SAID HUGHES SUBDIVISION; THENCE SOUTH 78 0 48'27" WEST,
1384.49 FEET; THENCE NORTH 11 °11'33" WEST 189.32 FEET TO THE POINT OF
BEGINNING, CONTAINING 50.707 ACRES, MORE OR LESS, THE SUBDIVISION
TO BE KNOWN AS " WILLIAMSPORT, KENDALL COUNTY, ILLINOIS, UNIT 1
IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS.
BEING WILLIAMSPORT UNIT 1 SUBDIVISION, YORKVILLE, KENDALL
COUNTY, ILLINOIS, THE PLAT OF WHICH WAS RECORDED ON OCTOBER 5,
1972, AS DOCUMENT NO. 72 -4821, IN BOOK 14 OF PLATS AT PAGES 49 AND 50
Legal Description checked 3/15/06 by TWG and AMR
C: \Shared 2006 \Real Estate.2006 \River's Edge Recapture \Williamsport Unit 1 Legal.doc
EXHIBIT "C" - PAGE 7
LEGAL DESCRIPTION
CHRISTIE PROPERTY
THAT PART OF THE FOLLOWING DESCRIBED PARCELS OF REAL ESTATE
LYING SOUTH - OF THE RAILNET RAILROAD RIGHT OF WAY:
THAT PART OF THE EAST 1 /2 OF SECTION 31, PART OF SECTION 32,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
AND THAT PART OF THE NORTHWEST 1 /4 OF SECTION 5, TOWNSHIP 36
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN AND THE
SUBDIVISION KNOWN AS WILLIAMSPORT, KENDALL COUNTY, ILLINOIS,
UNIT 1, ALL DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST
CORNER OF SAID NORTHWEST 1 /4; THENCE WESTERLY ALONG THE NORTH
LINE OF SAID NORTHWEST 1 /4 961.24 FEET; THENCE SOUTH 10 DEGREES, 26
MINUTES, 01 SECONDS EAST 1497.56 FEET TO A CONCRETE MONUMENT
FOR A POINT OF BEGINNING; THENCE SOUTH 69 DEGREES, 38 MINUTES, 10
SECONDS WEST ALONG A FENCE LINE 1473.73 FEET TO THE SOUTHEAST
CORNER OF UNIT FIVE, FOXLAWN; THENCE NORTH 11 DEGREES, 45
MINUTES, 10 SECONDS WEST ALONG THE EASTERLY LINE OF SAID UNIT
FIVE A DISTANCE OF 448.37 FEET TO THE NORTHEAST CORNER OF SAID
UNIT FIVE; THENCE NORTH 11 DEGREES, 40 MINUTES, 29 SECONDS WEST
ALONG THE EASTERLY LINE OF UNIT FOUR, FOXLAWN, AND SAID
EASTERLY LINE OF UNIT FOUR EXTENDED, 599.86 FEET TO THE
SOUTHEAST CORNER OF UNIT THREE, FOXLAWN; THENCE NORTH 11
DEGREES, 42 MINUTES, 29 SECONDS WEST ALONG THE EASTERLY LINE OF
UNIT THREE OF FOXLAWN AND THE EASTERLY LINE OF UNIT ONE,
FOXLAWN, 1413.44 FEET TO THE CENTER LINE OF FOX ROAD; THENCE
NORTH 65 DEGREES 31 MINUTES 57 SECONDS EAST ALONG THE CENTER
LINE OF FOX ROAD, 491.44 FEET; THENCE NORTH 15 DEGREES, 52 MINUTES,
00 SECONDS WEST 2011.98 FEET TO THE SOUTHEASTERLY RIGHT OF WAY
LINE OF THE BURLINGTON, NORTHERN RAILROAD COMPANY LANDS;
THENCE NORTH 15 DEGREES, 31 MINUTES, 50 SECONDS WEST 1584.60 FEET
TO THE SOUTHERLY BANK OF THE FOX RIVER; THENCE EASTERLY ALONG
SAID SOUTHERLY BANK TO A LINE DRAWN NORTH 10 DEGREES, 26
MINUTES, 01 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE
SOUTH 10 DEGREES, 26 MINUTES, 01 SECONDS EAST TO THE SOUTHERLY
RIGHT OF WAY LINE OF FOX ROAD AS DEDICATED BY AN INSTRUMENT
RECORDED JULY 22, 1957 IN DEED RECORD 118 ON PAGE 13 AS DOCUMENT
119187; THENCE NORTH 66 DEGREES, 00 MINUTES, 05 SECONDS EAST
ALONG SAID SOUTHERLY RIGHT OF WAY LINE, BEING ALSO THE
NORTHERLY LINE OF SAID WILLIAMSPORT, 1710.60 FEET TO AN ANGLE IN
SAID SOUTHERLY LINE; THENCE SOUTH 23 DEGREES, 59 MINUTES, 55
EXHIBIT "C" - PAGE 7
LEGAL DESCRIPTION
CHRISTIE PROPERTY (CONTINUED)
SECONDS EAST, 10.0 FEET TO AN ANGLE IN SAID SOUTHERLY LINE;
THENCE NORTH 66 DEGREES, 00 MINUTES, 05 SECONDS EAST ALONG SAID
SOUTHERLY LINE, 143.66 FEET TO THE WEST LINE OF UNIT TWO, FRED
ATLEE SUBDIVISION; THENCE SOUTH 03 DEGREES, 55 MINUTES, 08
SECONDS WEST ALONG SAID WEST LINE, 421.37 FEET TO THE SOUTHWEST
CORNER THEREOF; THENCE SOUTH 04 DEGREES, 13 MINUTES, 22 SECONDS
WEST ALONG THE WEST LINE OF UNIT TWO, MILLEN AND EMMONS
SUBDIVISION, '333.12 FEET TO THE SOUTHWEST CORNER THEREOF; THENCE
SOUTH 04 DEGREES, 26 MINUTES, 53 SECONDS WEST ALONG THE WEST
LINE OF HARKER SUBDIVISION, 498.92 FEET TO THE SOUTHWEST CORNER
THEREOF; THENCE SOUTH 03 DEGREES, 14 MINUTES, 05 SECONDS WEST
ALONG THE WEST LINE OF HUGHES SUBDIVISION OF LOT 1 OF OWNERS
PLAT OF PART OF THE SOUTH EAST 1 /a OF SECTION 32, TOWNSHIP 37
NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, 443.66 FEET
TO A CONCRETE MONUMENT AT THE SOUTHWEST CORNER THEREOF
BEING THE SOUTHEAST CORNER OF SAID WILLIAMSPORT; THENCE SOUTH
78 DEGREES, 47 MINUTES, 53 SECONDS WEST ALONG THE SOUTH LINE OF
SAID WILLIAMSPORT, 1383.29 FEET TO A LINE DRAWN NORTH 10 DEGREES,
26 MINUTES, 01 SECONDS WEST FROM THE POINT OF BEGINNING; THENCE
SOUTH 10 DEGREES, 26 MINUTES, 01 SECONDS EAST, 1309.10 FEET TO THE
POINT OF BEGINNING, IN THE UNITED CITY OF THE VILLAGE OF
YORKVILLE, KENDALL COUNTY, ILLINOIS.
Legal Description checked 3/15/06 by TWG and AMR
: C: \Shared 2006 \Real Estate.2006 \River's Edge Recapture \Christie Property Legal.doc
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EXHIBIT "D"
RECAPTURE AMOUNT
RECAPTUREABLE COSTS OF WATER MAIN IMPROVEMENTS: $170.000.00
TOTAL RECAPTURE AREA: APPROXIMATELY 232 ACRES.
RECAPTURE RATE: $732.76 PER ACRE
ALLOCATION:
A) FOXLAWN SUBDIVISION -ALL UNITS
TOTAL ACREAGE: 44.35
TOTAL LOTS: 84
RECAPTUREABLE IMPROVEMENT COSTS PER ACRE: $732.76
RECAPTUREABLE IMPROVEMENT COSTS PER LOT: $386.88
B) WILLIAMSPORT UNIT 1 SUBDIVISION
TOTAL ACREAGE: 50.71
TOTAL LOTS: 100
RECAPTUREABLE IMPROVEMENT COSTS PER ACRE: $732.76
RECAPTUREABLE IMPROVEMENT COSTS PER LOT: $371.58
C) CHRISTIE PROPERTY
TOTAL ACREAGE: 137
RECAPTUREABLE IMPROVEMENT COSTS PER ACRE: $732.76
C: \Shared 2006 \Real Estate.2006 \River's Edge Recapture \exhibitD.doc
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