Ordinance 2015-26 a 01 5 000154&4
DEDIECIE
0II LETTE
KENDALL COUNTY, IL
RECORDED: 9/24/2815 3:96 PM
ORDI: 62.09 RHSPS FEE: 19.88
PAGES: 17
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2015-26
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,
ILLINOIS,APPROVING THE FIRST AMENDMENT TO AN ANNEXATION
AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE,KENDALL
COUNTY,ILLINOIS AND GERALD BRUMMEL
This is the first amendment to the Annexation Agreement for the Chally Subdivision
recorded as Document#200800009248.
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 26th day of May,2015
Prepared by and Return to:
United City of Yorkville
800 Game Farm Road
Yorkville,IL 60560
Published in pamphlet form by the
authority of the Mayor and City Council
of the United City of Yorkville,Kendall
County,Illinois on September 24,2015.
Ordinance No. 2015-�
AN ORDINANCE OF THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
ILLINOIS, APPROVING THE FIRST AMENDMENT TO AN ANNEXATION
AGREEMENT BY AND BETWEEN THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS AND GERALD BRUMMEL
WHEREAS, the United City of Yorkville, Kendall County, Illinois (the "City") is a duly
organized and validly existing non home-rule municipality created in accordance with the
Constitution of the State of Illinois of 1970 and the laws of the State; and,
WHEREAS, the City and JW & WD Development, L.L.C. entered into an Annexation
Agreement dated August 8, 2006 (the "Original Agreement") which provided, among other
things, for the annexation into the City and the development of approximately 154 acres (the
"Subject Property") in accordance with an R-2 Single Family Residence District; a B-2 General
Business District, which business district has subsequently been renamed B-3 General Business
District; and a Concept PUD Plan, which was attached to the Original Agreement; to be known
as "Chally Subdivision"; and,
WHEREAS, the Subject Property was never developed, nor any other area included in
any one of four (4) additional developments, all five collectively defined as the "Southwest
Infrastructure Developments," and all of the parties in interest, or their successors in interest,
now desire to unwind any and all of the cross contingencies and obligations of the Southwest
Infrastructure Developments; and,
WHEREAS, the City desires to amend each of the annexation agreements as executed by
each member of the Southwest Infrastructure Developments to remove all cross contingencies
and obligations on the condition that all five owners of the Southwest Infrastructure
Developments agree to such amendments; and,
WHEREAS, all notices required by law relating to an amendment to the Original
Agreement have been given to the persons or entities entitled thereto, pursuant to the applicable
provisions of the Illinois Compiled Statutes; and,
WHEREAS, as required by the Illinois Municipal Code, the Mayor and City Council of
the City duly fixed the time and the place for a public hearing on the amendment to the Original
Agreement, and pursuant to legal notice, held said hearing on May 12, 2015 all as required by
the provisions of the Illinois Compiled Statutes and the City's Ordinances.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the
United City of Yorkville, Kendall County, Illinois, as follows:
Section 1. The above recitals are incorporated and made a part of this Ordinance.
Ordinance No. 2015-A0
Page 2
Section 2. The First Amendment To An Annexation Agreement By And Between The
United City Of Yorkville, Kendall County, Illinois And Gerald Brummel, attached hereto
and made a part hereof, is hereby approved and the Mayor and City Clerk are hereby
authorized and directed to execute and deliver said First Amendment on behalf of the City.
Section 3. This Ordinance shall be in full force and effect upon its passage, approval, and
publication in pamphlet form as provided by law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this
day of A&57C4 A.D. 2015.
CITY CLERK
1
CARLO COLOSIMO KEN KOCH
JACKIE MILSCHEWSKI LARRY KOT
CHRIS FUNKHOUSER JOEL FRIEDERS
DIANE TEELING SEAVER TARULIS
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
J1 day of 8F.P7-EM8EP, , A.D. 2015. AO
MAYO
Attest:
CITY ftERK
Published in pamphlet form:
S�P-Tr--rKme IS, 2015
Ordinance No. 2015-00
Page 3
FIRST AMENDMENT TO AN ANNEXATION AGREEMENT BY AND BETWEEN
THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,ILLINOIS AND
GERALD BRUMMEL
This First Amendment to an Annexation Agreement dated August 8, 2006 (the "Original
Agreement") by and between the United City of Yorkville, Kendall County, Illinois, a municipal
corporation (the "City"), and JW & WD Development, L.L.C. (the "Original Owner") is made
and entered into this day of S£PtEM 6E)2 , 2015, by and between the City and
Gerald Brummel of 13205 Church Road, Minooka, Illinois 60447 ("Successor Owner").
WHEREAS, the City and the Original Owner entered into the Original Agreement which
provided, among other things, for the annexation into the City and the development of
approximately 154 acres (the "Subject Property") in accordance with an R-2 Single Family
Residence District and a B-2 General Business District, which business district has subsequently
been renamed B-3 General Business District,to be known as "Chally Subdivision"; and,
WHEREAS, the Original Agreement further provided for the development of the Subject
Property in accordance with a Concept PUD Plan attached thereto as Exhibit C; provided for the
establishment of a Special Service Area as the primary funding mechanism for the installation of
the necessary public improvements; and obligated the City to issue "Special Revenue Bonds"
payable from special taxes levied on several service areas, contingent upon the annexation of
four (4) additional developments (all five collectively defined therein as the "Southwest
Infrastructure Developments"); and, the execution of"recapture/recovery agreements" providing
for the recapture by the Developer of a portion of the cost of certain improvements constructed
by the Developer which benefit property other than the Subject Property; and,
WHEREAS, the Subject Property was never developed, nor any other area included in
any one of the Southwest Infrastructure Developments and all of the parties in interest, or their
1
successors in interest, now desire to unwind any and all of the cross contingencies and
obligations of the Southwest Infrastructure Developments; and,
WHEREAS, the City desires to amend each of the annexation agreements as executed by
each member of the Southwest Infrastructure Developments to remove all cross contingencies
and obligations on the condition that all five owners of the Southwest Infrastructure
Developments agree to such amendments.
NOW, THEREFORE, in consideration of the foregoing mutual covenants, agreements
and conditions herein set forth, the City and the Successor Owner agree as follows:
Section 1. The Original Agreement is hereby repealed in its entirety and replaced with
this First Amendment.
Section 2. Zoning. The Subject Property has been classified in the R-2 Single Family
Residence Zoning District and the B-3 General Business District in accordance with the United
City of Yorkville Zoning Ordinance and the Successor Owner of the Subject Property shall have
the right to develop the Subject Property pursuant to said Zoning Ordinance, the City's
Subdivision Ordinance and all other ordinances applicable to R-2 Single Family Residence and
B-3 General Business District development, as in effect at the time of the development of the
Subject Property.
Portions of the Subject Property are presently being used for agricultural purposes and,
notwithstanding any provision of the City Code now in effect or adopted during the Term (as
hereinafter defined) of this First Amendment, and notwithstanding the City's zoning of the
Subject Property,the current uses shall be permitted to continue as a legal non-conforming use.
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Section 3. Annexation to Sanitary District.
On or before the development of the Subject Property, the Successor Owner hereby
agrees to file any necessary petitions and agreements to request annexation thereof to the
Yorkville Bristol Sanitary District ("YBSD") for the purpose of extending and connecting to the
sanitary sewer lines and treatment facilities of YBSD. The City shall fully cooperate with the
Successor Owner in obtaining such permits as may be required from time to time by both federal
and state law, including, without limitation, the Illinois Environmental Protection Act, in order to
permit the construction and connection of sanitary sewer lines to the YBSD facilities to serve the
Subject Property.
Section 4. Sanitary Sewer and Water Improvements.
A. Successor Owner's Obligation. At its sole cost and expense, upon development
of the Subject Property, the Successor Owner shall be obligated to construct all on-site sanitary
sewer collection lines and all other on-site improvements as approved by the City for the
collection of sanitary sewage generated by the Subject Property (the "Sewer Improvements") and
all on-site water mains, distribution lines, and other improvements as approved by the City for
the provision of potable water to the Subject Property (the "Water Improvements"), in
accordance with the City Code. Should the City determine that a well and water treatment
facility to be located on the Subject Property or a water tower is required, such improvements
shall be considered an off-site improvement to be performed by the City at the cost of the
Successor Owner. In the event the City determines a need for off-site Sewer Improvements,
such off-site Sewer Improvements shall be performed by the City at the cost of the Successor
Owner.
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B. Dedication. Upon completion of construction or installation of the Sewer
Improvements and Water Improvements, the Successor Owner shall dedicate to the City those
portions of the Sewer Improvements and Water Improvements that are required to be dedicated
in accordance with the City Code (the "Public Sewer and Water Improvements").
Section S. Storm Water Improvements.
A. Successor Owner's Obligation. Upon development of the Subject Property at its
own cost, the Successor Owner shall be obligated to construct all storm sewers, detention
systems, and compensatory storage facilities as approved by the City for storm water drainage
from the Subject Property ("Storm Water Improvements") in accordance with the City Code.
B. Dedication. Upon completion of construction, all Storm Water Improvements
shall be owned and maintained by the Successor Owner. The Successor Owner shall dedicate a
maintenance easement or easements to the City allowing the City to maintain the Storm Water
Improvements.
Section 6 Repeal of all Cross Contingencies and Cross Obligations of the Southwest
Infrastructure Developments. The Successor Owner and City agree that the enforceability of this
First Amendment is contingent upon the approval, execution and recordation of amendments to
the original annexation agreements for each of the other members of the Southwest Infrastructure
Developments, namely: Aspen Ridge, Silver Fox, Yorkwood Estates and Evergreen Farm. Upon
approval, execution and recordation of this First Amendment and amendments to all of the
annexation agreements for each of the Southwest Infrastructure Developments, the Original
Agreement shall be repealed and deemed to be null and void.
Section 7. Security Instruments. As required by City Code, the Owner Successor shall
deposit, or cause to be deposited with the City such letters of credit or surety bonds ("Security
4
Instruments") on the standard forms of the City, to guarantee completion and maintenance of
improvements (as defined in the City's Subdivision Control Ordinance) to be constructed as a
part of the development of the Subject Property. The Successor Owner may use either
irrevocable letters of credit or surety benefits for its Security Instruments, as permitted by City
ordinance. The amount and duration of each Security Instrument shall be as required by
applicable ordinances of the City at the time of development of the Subject Property.
Section 8. City Ordinances.
The Successor Owner agrees that the future development of the Subject Property shall be
in accordance with the requirements of all applicable city ordinances as in effect as of the date all
required development approvals are issued by the City, including but not limited to the
following:
(a) Procedures for acceptance of public improvements constructed as a part of the
development of all or a portion of the Subject Property;
(b) Signage;
(c) Appearance code;
(d) Permits;
(e) Fees, charges and contributions;
(f) School and park contributions with land or cash in lieu of land; and,
(g) Building codes.
Section 9. Remedies.
Without limiting any of the remedies otherwise available at law or in equity to the
Successor Owner or the City as a result of the breach of this First Amendment, the parties agree
as follows:
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A. This First Amendment shall be enforceable in any court of competent jurisdiction
in the State of Illinois by the parties and their successors and assigns. Enforcement may be
sought by an appropriate action at law or in equity to secure performance of the covenants,
agreements, conditions and obligations contained herein, including specific performance of this
First Amendment. This First Amendment shall be governed by the laws of the State of Illinois.
B. No action taken by any party pursuant to the provisions of this or any other
section of this First Amendment shall constitute an election of remedies, and all remedies set
forth in this First Amendment, as well as any remedies at law or in equity, shall be cumulative
and shall not exclude any other remedy.
C. Unless otherwise expressly provided herein, in the event of a material breach of
this First Amendment, the parties agree that the defaulting party shall have thirty (30) days after
written notice of said breach to correct the same prior to the non-breaching party's seeking of
any remedy provided for herein. If such breach cannot be corrected within thirty (30) days, the
non-breaching party shall not seek to exercise any remedy provided for herein as long as the
defaulting party has initiated the cure of said breach and is diligently prosecuting the cure of said
breach.
D. In the event the performance of any covenant to be performed hereunder by any
party is delayed for causes which are beyond the reasonable control of the party responsible for
such performance (which causes shall include, but not be limited to, acts of God; inclement
weather conditions; strikes; material shortages; lockouts; the revocation of, suspension of, or
inability to secure any necessary governmental permit or license; or/and any similar cause), the
time for such performance shall be extended by the amount of time of such delay.
6
E. The failure of the parties to insist upon the strict and prompt performance of the
terms, covenants, agreements, and conditions herein contained, or any of them, upon any other
party imposed, shall not constitute or be construed as a waiver or relinquishment of any party's
right thereafter to enforce any such term, covenant, agreement, or condition, but the same shall
continue in full force and effect.
Section 10. Partial Invalidity of Agreement. This First Amendment is entered into
pursuant to the provisions of the Illinois Municipal Code, Section 11-15.1-1 et seq. (65 ILCS
5/11-15.1-1 et seq.). If any provision of this First Amendment or its application to any person,
entity, or property is held invalid, such provision shall be deemed to be excised here from and
the invalidity thereof shall not affect the application or validity of any other terms, conditions
and provisions of this Amendment and, to that end, any terms, conditions and provisions of this
First Amendment are declared to be severable. In addition, the City and Successor Owner shall
take all action necessary or required to fulfill the intent of this First Amendment as to the
development of the Subject Property.
Section 11. Notices.
All notices shall be in writing and shall be delivered personally or by a nationally
recognized overnight courier, prepaid, or shall be sent by registered or certified mail, return
receipt requested, postage prepaid, at the following addresses:
Successor/Owner Gerald Brummel
13205 Church Road
Minooka, Illinois 60447
With a copy to Daniel J. Kramer
1107A South Bridge Street
Yorkville, Illinois 60560
7
To the City United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
With a copy to Kathleen Field Orr, City Attorney
Kathleen Field Orr&Associates
53 West Jackson Blvd.
Suite 964
Chicago, Illinois 60604
Service shall be deemed to be upon delivery unless delivery is rejected and then service shall be
deemed to have occurred upon such rejection.
Section 12. General Provisions.
A. Entire Agreement. This First Amendment contains all the terms and conditions
agreed upon by the parties hereto and no other prior agreement regarding the subject matter
hereof shall be deemed to exist to bind the parties. The parties acknowledge and agree that the
terms and conditions of this First Amendment have been reached through a process of good faith
negotiation, both by principals and through counsel, and represent terms and conditions that are
deemed by the parties to be fair, reasonable, acceptable and contractually binding upon each of
them.
B. Amendment. This First Amendment may be amended from time to time in writing
with the consent of the parties,pursuant to applicable provisions of the City Code and the laws of
the State of Illinois in force from time to time. The City and the then owner of record of any
portion of the Subject Property, even if not the Successor Owner named herein, may agree (only
in writing) to amend or modify this First Amendment as to such portion(s) of the Subject
Property without the consent of the owner(s) of other portion(s) of the Subject Property, so long
as such amendment or modification does not alter the rights, obligations or remedies provided in
8
this First Amendment for any owner or any other portion of the Subject Property which is owned
by such owner of record.
C. No Third Party Beneficiaries. No provision of this First Amendment is intended
to benefit, nor shall any provision of this First Amendment benefit, any party, individual or entity
other than a party to this First Amendment or its respective successor or assign.
D. Effective Date. The date on which this First Amendment becomes effective (the
"Effective Date") shall be the date on which it has been approved and executed by all parties
hereto.
E. Term of First Amendment. This First Amendment shall be effective from its
Effective Date and terminate as of August 7, 2026, being the termination date of the Original
Agreement (the "Term); provided, however, that if any action is filed or any claim is made
challenging the legality, validity or enforceability of this First Amendment, the period during
which such action or claim is pending or unresolved shall not be included as part of the Term of
this First Amendment.
F. Counterparts. This First Amendment may be executed in counterparts, each of
which shall be deemed an original, but all of which together shall constitute one and the same
document.
Section 13. Successors and Assigns.
A. This First Amendment shall inure to the benefit of and be binding upon the
Successor Owner and its successor(s) in title and interest, and upon the City, and any successor
municipalities of the City. It is specifically agreed that the Successor Owner shall have the right
to sell, transfer, lease, and assign all or any part of the Subject Property to other persons, firms,
partnerships, corporations, or other entities for building or development purposes (as well as for
9
occupancy) and that such persons, firms, partnerships, corporations, or other entities shall be
entitled to the same rights and have the same obligations as the Successor Owner has under this
First Amendment.
B. It is understood and agreed that this First Amendment constitutes a covenant
running with the land and as such, shall be assignable to and binding upon each and every
subsequent grantee and successor in interest of the Successor Owner and the City.
C. Nothing contained in this First Amendment shall be construed to restrict or limit
the right of the Successor Owner to sell or convey all or any portion of the Subject Property,
whether improved or unimproved.
IN WITNESS WHEREOF, the parties hereto have caused this First Amendment to be
executed by their duly authorized officers on the above date at Yorkville, Illinois.
United City of Yorkville, an Illinois
Municipal Corporation
By:
May r
Attest:
I
I
City Clerk
Gerald Brummel
By:
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Legal Description of Subject Property
Parcel 1: (Chally Property)
THAT PART OF SECTION 6 AND 7, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, AND PART OF SECTIONS I AND 12, TOWNSHIP 36 NORTH,
RANGE 6 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTH 01
DEGREE 45 MINUTES 36 SECONDS WEST, ALONG THE WEST LINE OF 7, 695.70 FEET TO
THE CENTER LINE OF ILLLINOIS ROUTE 71; THENCE NORTH 71 DEGREES 11 MINUTES
EAST, ALONG SAID CENTER LINE, 37.40 FEET; THENCE NORTHEASTERLY ALONG
SAID CENTER LINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF
6611.12 FEET, A DISTANCE OF 2901.95 FEET; THENCE NORTH 46 DEGREES 02 MINUTES
EAST ALONG SAID CENTER LINE , 1211.09 FEET FOR THE POINT OF BEGINNING;
THENCE NORTH 46 DEGREES 02 MINUTES EAST ALONG SAID CENTER LINE, 605.33
FEET; THENCE NORTH 57 DEGREES 38 MINUTES 56 SECONDS WEST ALONG THE
ORIGINAL CENTER LINE OF PAVILLION ROAD, 391.57 FEET TO A POINT IN THE
PRESENT CENTER LINE OF PAVILLION ROAD; THENCE NORTH 56 DEGREES 53
MINUTES 40 SECONDS WEST ALONG SAID CETNER LINE 733.02 FEET; THENCE SOUTH
05 DEGREES 20 MINUTES 49 SECONDS WEST, 350.70 FEET; THENCE NORTH 84
DEGREES 48 MINUTES 15 SECONDS WEST, 235.65 FEET, THENCE SOUTH 12 DEGREES
50 MINUTES 30 SECONDS WEST, 540.22 FEET; THENCE NORTH 72 DEGREES 43
MINUTES 25 SECONDS WEST, 610.85 FEET; THENCE NORTH 74 DEGREES 02 MINUTES
01 SECONDS WEST, 863.88 FEET; THENCE NORTH 01 DEGREE 36 MINUTES 44 SECONDS
WEST, 39.81 FEET; THENCE NORTH 64 DEGREES 37 MINUTES 43 SECONDS WEST, 155.43
FEET, THENCE NORTH 78 DEGREES 33 MINUTES 25 SECONDS WEST, 435.29 FEET;
THENCE NORTH 08 DEGREES 12 MINUTES 27 SECONDS WEST, 1008.89 FEET; THENCE
NORTH 08 DEGREES 30 MINUTES 29 SECONDS WEST, 1205.74 FEET; THENCE SOUTH 80
DEGREES 22 MINUTES WEST, 572.03 FEET, THENCE SOUTH 08 DEGREES 23 MINUTES ,
08 SECONDS EAST, 2225.04 FEET, THENCE SOUTH 14 DEGREES 17 MINUTES 47
SECONDS EAST,
102.58 FEET: THENCE SOUTH 29 DEGREES 45 MINUTES 26 SECONDS EAST,86.98 FEET;
THENCE SOUTH 55 DEGREES 13 MINUTES 33 SECONDS EAST, 1003.86 FEET, THENCE
SOUTH 06 DEGREES 02 MINUTES 19 SECONDS EAST, 655.38 FEET; THENCE SOUTH 64
DEGREES 37 MINUTES 06 SECONDS EAST, 680.00 FEET, THENCE NORTH 15 DEGREES 12
MINUTES 06 SECONDS EAST, 876.49 FEET; THENCE SOUTH 83 DEGREES 54 MINUTES 40
SECONDS EAST, 332.65 FEET, THENCE SOUTH 79 DEGREES 53 MINUTES 54 SECONDS
EAST, 714.78 FEET, THENCE NORTH 09 DEGREES 51 MINUTES 55 SECONDS EAST, 289.93
FEET, THENCE SOUTH 78 DEGREES 17 MINUTES 47 SECONDS EAST, 266.30 FEET;
THENCE NORTH 25 DEGREES 44 MINUTES 09 SECONDS EAST, 203.40 FEET, THENCE
SOUTH 65 DEGREES 59 MINUTES 35 SECONDS EAST, 222.39 FEET TO THE POINT OF
BEGINNING; IN KENDALL COUNTY, ILLINOIS
EXCEPT DESCRIBED TRACT RECORDED IN DOCUMENT NUMBER 95-07481
AT THE COUNTY RECORDER'S OFFICE WHICH READS AS FOLLOWS.
THAT PART OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 36 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN BEING DESCRIBED BY
COMMENCING AT THE NORTHEAST CORNER OF UNIT ONE OF PAVILLION
HEIGHTS BEING A SUBDIVISION OF PART OF SAID SECTION, THENCE SOUTH 56
DEGREES 53 MINUTES 40 SECONDS EAST ALONG THE CENTER LINE OF PAVILLION
ROAD, 266.03 FEET TO THE NORTHEAST CORNER OF PAVILLION CEMETERY FOR
THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 56 DEGREES 53 MINUTES
40 SECONDS EAST ALONG SAID CENTER LINE 90.32 FEET, THENCE SOUTH 05
DEGREES 26 MINUTES 31 SECONDS WEST PARALLEL WITH THE EASTERLY LINE,
AND IT'S EXTENSION, OF LOTS 1, 2, AND 3 IN SAID SUBDIVISION, 369.45 FEET,
THENCE NORTH 84 DEGREES 33 MINUTES 29 SECONDS WEST AT RIGHT ANGLES TO
THE LAST DESCRIBED COURSE, 323.49 FEET TO A POINT ON THE EASTERLY LINE OF
LOT 4 OF SAID SUBDIVISION, THENCE NORTH 12 DEGREES 50 MINUTES 30 SECONDS
EAST ALONG THE EASTERLY LINE OF SAID LOT 4 AND PART OF LOT 3 60.51 FEET
TO THE POINT OF BEND IN SAID LOT 3 ALSO BEING THE SOUTHWEST CORNER OF
SAID CEMETERY; THENCE SOUTH 84 DEGREES 33 MINUTES 29 SECONDS EAST
ALONG THE SOUTHLINE OF SAID CEMETERY, 235.62 FEET TO THE SOUTHEAST
CORNER OF SAID CEMETERY, THENCE NORTH 05 DEGREES 26 MINUTES 31
SECONDS EAST PARALLEL WITH SAID EAST LINE OF LOTS 1, 2, AND 3, 351.39 FEET
TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF KENDALL, KENDALL COUNTY,
ILLINOIS.
ALSO EXCEPT A DESCRIBED TRACT RECORDED IN BOOK 648. PAGE 240 AT THE
COUNTY RECORDER'S OFFICE, WHICH READS AS FOLLOWS:
THAT PART OF THE NORTHEAST QUARTER OF SECTION 7, TOWNSHIP 36 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS,
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7, THENCE NORTH
01 DEGREE 45 MINUTES 36 SECONDS WEST ALONG THE WEST LINE OF SAID
SECTION, 695.70 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE 71; THENCE
NORTH 71 DEGREES 11 MINUTES 00 SECONDS EAST ALONG SAID CENTERLINE, 37.40
FEET; THENCE NORTHEASTERLY ALONG SAID CENTERLINE, BEING ALONG A
CURVE TO THE LEFT HAVING A RADIUS OF 6611.12 FEET, A DISTANCE OF 2901.95
FEET, THENCE NORTH 46 DEGREES 02 MINUTES 00 SECONDS EAST ALONG SAID
CENTERLINE, 1248.18 FEET FOR A POINT OF BEGINNING; THENCE NORTH 68
DEGREES 58 MINUTES 00 SECONDS WEST, 240.17 FEET; THENCE NORTH 10 DEGREES
57 MINUTES 14 SECONDS EAST, 200.32 FEET, THENCE SOUTH 65 DEGREES 58
MINUTES 00 SECONDS EAST, 358.93 FEET TO SAID CENTERLINE; THENCE SOUTH 46
DEGREES 02 MINUTES 00 SECONDS WEST ALONG SAID CENTERLINE, 196.87 FEET
FOR A POINT OF BEGINNING, IN KENDALL TOWNSHIP, KENDALL COUNTY,
ILLINOIS.
ALSO EXCEPT THE FOLLOWING DESCRIBED TRACT
A PART OF A TRACT OF LAND DESCRIBED IN BOOK 648, PAGE 238 AT THE COUNTY
RECORDER'S OFFICE AND LOCATED IN SECTION 7, TOWNSHIP 36 NORTH, RANGE 7,
EAST OF THE THIRD PRINCIPAL MERIDIAN MORE PARTICULARLY DESCRIBED AS
FOLLOWS: <
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7, THENCE NORTH
01 DEGREE 45 MINUTES 36 SECONDS WEST ALONG THE WEST LINE OF SAID
SECTION 7, 695.70 FEET TO THE CENTERLINE OF ILLINOIS ROUTE 71; THENCE
NORTH 71 DEGREES 11 MINUTES EAST ALONG SAID CENTERLINE, 37.40 FEET;
THENCE NORTHEASTERLY ALONG SAID CENTERLINE, BEING ALONG A CURVE TO
THE LEFT HAVING A RADIUS OF 6611.12 FEET, A DISTANCE OF 2901.95 FEET;
THENCE NORTH 46 DEGREES 02 MINUTES EAST ALONG SAID CENTERLINE 1211.09
FEET TO A RAILROAD SPIKE SET AND THE POINT OF BEGINNING, THENCE
CONTINUING ALONG THE PREVIOUSLY DESCRIBED COURSE A DISTANCE OF 238.88
FEET TO A RAILROAD SPIKE SET; THENCE NORTH 63 DEGREES 11 MINUTES 38
SECONDS WEST, 372.89 FEET, THENCE SOUTH 10 DEGREES 49 MINUTES 27 SECONDS
WEST, 143.75 FEET; THENCE NORTH 69 DEGREES 02 MINUTES 53 SECONDS WEST
PARALLEL AND 10 FEET FROM AN EXISTING FENCE, 100.00 FEET; THENCE NORTH 77
DEGREES 35 MINUTES 52 SECONDS WEST PARALLEL AND 10 FEET FROM AN
EXISTING FENCE, 191.50 FEET; THENCE SOUTH 46 DEGREES 55 MINUTES 27
SECONDS WEST, 226:57 FEET TO AN EXISTING WOOD POST; THENCE SOUTH 12
DEGREES 33 MINUTES 12 SECONDS WEST, 425.84 FEET TO A SOUTH LINE OF THE
PARENT TRACT; THENCE SOUTH 79 DEGREES 47 MINUTES 26 SECONDS EAST
ALONG AN INTERMEDIATE SOUTH LINE OF THE PARENT TRACT, 125.33 FEET;
THENCE NORTH 10 DEGREES 09 MINUTES 35 SECONDS EAST MEASURED ALONG AN
INTERMEDIATE EAST LINE OF THE PARENT TRACT, 289.13 FEET, THENCE SOUTH 78
DEGREES 24 MINUTES O1 SECONDS EAST MEASURED ALONG AN INTERMEDIATE
SOUTH LINE OF THE PARENT TRACT, 265.56 FEET; THENCE NORTH 25 DEGREES 50
MINUTES 54 SECONDS EAST MEASURED ALONG AN INTERMEDIATE EAST LINE,
203.13 FEET, THENCE SOUTH 65 DEGREES 54 MINUTES 21 SECONDS EAST
MEASURED ALONG AN INTERMEDIATE SOUTH LINE OF THE PARENT TRACT A
DISTANCE OF 222.33 FEET TO THE POINT OF BEGINNING, ALL LOCATED IN
KENDALL TOWNSHIP, KENDALL COUNTY, ILLINOIS
I
PARCEL 2
THAT PART OF THE WEST %2 OF SECTION 7, TOWNSHIP 36 NORTH, RANGE 7, EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION, THENCE NORTH O1
DEGREE 38 MINUTES 35 SECONDS WEST ALONG THE WEST LINE OF SAID SECTION,
695.70 FEET TO THE CENTERLINE OF ILLINOIS ROUTE 71, THENCE NORTH 71
DEGREES 17 MINUTES 58 SECONDS EAST ALONG SAID CENTERLINE, 37.42 TO A
CURVE BEING CONCAVE TO THE NORTHWEST AND HAVING A RADIUS OF 6611.12
FEET, THENCE NORTHEASTERLY ALONG SAID CURVE AN ARC DISTANCE OF 34.96
FEET TO THE POINT OF BEGINNING, THENCE CONTINUINNG ALONG SAID CURVE
AN ARC DISTANCE OF 2235.82 FEET TO THE SOUTHWESTERLY LINE OF A TRACT OF
LAND CONVEYED TO "LEEDY" IN A WARRANTY DEED RECORDED MARCH 8, 1989
AS DOCUMENT 89-1266, THENCE NORTH 64 DEGREES 29 MINUTES 12 SECONDS
WEST ALONG SAID SOUTHWESTERLY LINE 575.80 FEET TO THE SOUTHEAST
CORNER OF A TRACT OF LAND CONVEYED TO "CHALLY" IN A QUIT CLAIM DEED
RECORDED FEBRUARY 2, 1994 AS DOCUMENT 94-1410, (THE FOLLOWING THREE
CALLS ARE ALONG THE SOUTHERLY LINE OF "CHALLY"TRACT).
1) THENCE CONTINUING NORTH 64 DEGREES 29 MINUTES 12 SECONDS WEST, 679.96
FEET;
2) THENCE NORTH 05 DEGREES 55 MINUTES 21 SECONDS WEST, 655.38 FEET,
3) THENCE NORTH 55 DEGREES 09 MINUTES 44 SECONDS WEST, 1004.19 FEET TO AN
IRON PIPE,
THENCE SOUTH 01 DEGREE 28 MINUTES 44 SECONDS EAST, 2835.67 FEET TO THE
POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS.
EXCEPT THAT PART DESCRIBED AS FOLLOWS
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7, THENCE NORTH
ALONG THE WEST LINE OF SAID QUARTER SECTION, 667.92 FEET TO THE CENTER
LINE OF STATE ROUTE NO 71; THENCE NORTH 70 DEGREES 30 MINUTES 00
SECONDS EAST ALONG THE FORMER CENTER LINE OF SAID ROUTE, 75.24 FEET,
THENCE NORTH 0 DEGREE 15 MINUTES 00 SECONDS WEST 59.09 FEET TO A NORTH
RIGHT OF WAY LINE OF SAID ROUTE WHICH IS 55 FEET FROM SAID CENTER LINE,
MEASURED AT RIGHT ANGLES THERETO, FOR A POINT OF BEGNNING, THENCE
NORTH 01 DEGREE 15 MINUTE 00 SECONDS WEST 175.24 FEET, THENCE NORTH 67
DEGREES 48 MINUTES 07 SECONDS EAST 310.71 FEET; THENCE SOUTH 01 DEGREE 15
MINUTES 00 SECONDS EAST 175.24 FEET TO A POINT IN SAID NORTH RIGHT OF WAY
LINE, THENCE SOUTHWESTERLY ALONG SAID NORTH RIGHT OF WAY ON A CURVE
TO THE RIGHT HAVING AN ARC LENGTH OF 310.71 FEET (CHORD BEARING IS
SOUTH 67 DEGREES 48 MINUTES 07 SECONDS WEST) TO THE POINT OF BEGINNING
ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS
THAT PART OF THE SOUTHWEST % OF SECTION 7, TOWNSHIP 36 NORTH, RANGE 7,
EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7, THENCE NORTH
ALONG THE WEST LINE OF SAID QUARTER SECTION, 693.86 FEET TO THE CENTER
LINE OF STATE ROUTE 71 THENCE NORTH 73 DEGREES 04 MINUTES 02 SECONDS
EAST ALONG THE CENTER LINE OF STATE ROUTE 71 , 75.24 FEET TO A POINT OF
LYING 1.09 CHAINS (71.94 FEET) EAST OF THE WEST LINE OF SAID QUARTER
SECTION LINE, THENCE NORTH PARALLEL WITH SAID WEST LINE 232.85 FEET FOR
THE POINT OF BEGINNING; THENCE NORTH 71 DEGREES 15 MINUTES 26 SECONDS
EAST310.71 FEET, THENCE SOUTH PARALLEL WITH SAID QUARTER SECTION LINE,
175.24 FEET TO THE NORTHERLY RIGHT OF WAY LINE OF SAID ROUTE 71, THENCE
EASTERLY 60.00 FEET ALONG SAID RIGHT OF WAY LINE HAVING A RADIUS OF
6556.12 FEET AND CURVING TO THE LEFT WHOSE CHORD BEARS NORTH 73
DEGREES 12 MINUTES 34 SECONDS EAST 60.00 FEET, THENCE NORTHERLY
PARALLEL WITH SAID QUARTER SECTION LINE, 189.29, THENCE SOUTH 71
DEGREES 15 MINUTES 26 SECONDS WEST, 370.11 FEET TO SAID LINE LYING 1.09
CHAINS EASTERLY OF AND PARALLEL TO THE SAID QUARTER SECTION LINE,
THENCE SOUTH ALONG SAID LINE, 15.84 FEET TO THE POINT OF BEGINNING, IN
THE TOWNSHIP OF KENDALL, KENDALL COUNTY, ILLINOIS.
PINS 04-01-476-002-0000, 04-12-200-003-0000, 05-06-351-001-0000, 05-07-151-010-0000,
05-07-301-004-0000