Ordinance 2015-29 DEDIEc I E
GXL.LETTE
KENDALL COUNTY, IL
RECORDED: 912412815 3:86 PH
ORDI: 68.88 RHSPS FEE: 18.88
PAGES: 15
UNITED CITY OF YORKVILLE
KENDALL COUNTY, ILLINOIS
ORDINANCE NO.2015-29
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 BBG KENDALL,LLC,AN ILLINOIS LIMITED LIABILITY
COMPANY
This is the first amendment to the Annexation Agreement for the Yorkwood Estates Subdivision
recorded as Document#200700022087.
Passed by the City Council of the
United City of Yorkville,Kendall County,Illinois
This 26`h 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-e—t-
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 BBG KENDALL, LLC,AN ILLINOIS LIMITED LIABILITY
COMPANY
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 178.3 acres (the
"Subject Property") in accordance with an R-2 Single Family Residence District and a Concept
PUD Plan which was attached to the Original Agreement, to be known as "York Wood Estates";
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. 2015-01
Page 2
Section 2. The First Amendment To An Annexation Agreement By And Between The
United City Of Yorkville, Kendall County, Illinois And BBG Kendall, LLC, An Illinois
Limited Liability Company, 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.D. 2015.
cl -
CITY CLERK
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
'y day of SEP i'F—M WP- , A.D. 2015.
MAYO
Attest: --
CITY CLERK
Published in pamphlet form:
5F-PTF-n4 3l✓R2 /5 , 2015
Ordinance No. 2015-om
Page 3
FIRST AMENDMENT TO AN ANNEXATION AGREEMENT BY AND BETWEEN
THE UNITED CITY OF YORKVILLE,KENDALL COUNTY,ILLINOIS AND
BBG KENDALL,LLC,AN ILLINOIS LIMITED LIABILITY
� "COMPANY
�'I
This First Amendment to an Annexation Agreement dated uCG/5 i 9,dCO(o(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 17T14 day of JUNE , 2015, by and between the City
and BBG KENDALL,LLC,an Illinois limited liability company ("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 178.3 acres (the "Subject Property") in accordance with an R-2 Single Family
Residence District to be known as "York Wood Estates"; 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 B; 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 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 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.
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
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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.
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").
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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: Chally Farm, Aspen Ridge, Silver Fox 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
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
4
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 parries agree
as follows:
A. This First Amendment shall be enforceable in any court of competent jurisdiction
i
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,
5
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 parry 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.
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
6
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 BBG Kendall,LLC
Bridgeview Bank Group
4753 North Broadway
Chicago, Illinois 60640
With a copy to John Polster
4753 North Broadway
Chicago, Illinois 60640
To the City United City of Yorkville
800 Game Farm Road
Yorkville, Illinois 60560
7
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 parries. 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
this First Amendment for any owner or any other portion of the Subject Property which is owned
by such owner of record.
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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
occupancy) and that such persons, firms, partnerships, corporations, or other entities shall be
9
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.
i
United City of Yorkville, an Illinois
Munic a Corpor io
By:
A4W
Nfayot
Attest:
City Clerk
BBG Kendall,LLC,a ois limited
liab' comp ny
By:
\�\
Y
Attest:
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Legal Description of Subiect Property
THAT PART OF THE WEST HALF OF SECTION 7 AND PART OF THE NORTH
HALF OF SECTION 18, TOWNSHIP 36 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGJNNING AT THE
SOUTHWEST CORNER OF SAID SECTION 7; THENCE NORTH 01 DEGREE 38
MINUTES 35 SECONDS WEST ALONG THE WEST LINE OF SAJD SECTION 7, A
DISTANCE OF 695.70 FEET TO THE CENTERLINE OF ILLINOIS STATE ROUTE 71;
THENCE NORTH 71 DEGREES 17 MINUTES 58 SECONDS EAST ALONG SAID
CENTERLINE, 37.41 FEET; THENCE NORTHEASTERLY, 2270.78 FEET ALONG A
6611.12 FOOT RADIUS CURVE TO THE LEFT WHOSE CHORD BEARS NORTH 61
DEGREES 27 MINUTES 35 SECONDS EAST, 2259.64 FEET TO THE SOUTHWESTERLY
LINE OF A TRACT OF LAND CONVEYED TO "LEEDY"ACCORDING TO WARRANTY
DEED RECORDED FEBRUARY 22, 1994 AS DOCUMENT NUMBER 9402111; THENCE
SOUTH 64 DEGREES 29 MINUTES 12 SECONDS EAST ALONG THE
NORTHWESTERLY EXTENSION OF THE SOUTHWESTERLY LINE OF LOT 34 IN
TIMBER CREEK SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED,
DECEMBER 5, 1972 AS DOCUMENT NUMBER 72-5898, A DISTANCE OF 961.30 FEET
TO THE SOUTHERN CORNER OF SAID LOT 34 (THE FOLLOWING 3 CALLS ARE
ALONG THE BOUNDARY OF SAID TIMBER CREEK SUBDIVISION):
1) THENCE SOUTH 03 DEGREES 08 MINUTES 20 SECONDS WEST, 1566.33 FEET;
2) THENCE SOUTH 01 DEGREE 50 MINUTES 35 SECONDS EAST, 442.19 FEET;
3) THENCE SOUTH 48 DEGREES 50 MINUTES 44 SECONDS EAST, 151.7 FEET TO THE
NORTHWESTERLY LINE OF MAPLE GROVE SUBDIVISION, ACCORDING TO THE
PLAT THEREOF RECORDED, MAY 16, 1994 AS DOCUMENT NUMBER 94-053 80
(THE FOLLOWING 2 CALLS ARE ALONG THE BOUNDARY OF SAID MAPLE GROVE
SUBDIVISION):
1) THENCE SOUTH 36 DEGREES 53 MINUTES 57 SECONDS WEST, 414.79 FEET;
2) THENCE SOUTH 60 DEGREES 3D MINUTES 27 SECONDS EAST, 719.26 FEET TO
THE NORTHWEST CORNER OF BRIGHTON OAKS ESTATES, ACCORDING TO
THE PLAT THEREOF RECORDED OCTOBER 2, 2003 AS DOCUMENT NUMBER 2003-
35615;
THENCE SOUTH 00 DEGREES 38MINUTES 21 SECONDS EAST ALONG THE
WESTERLY LINE OF SAID BRIGHTON OAKS ESTATES, 535.34 FEET TO THE
NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO "BARNWELL"
ACCORDING TO WARRANTY DEED RECORDED JUNE 7, 1998 AS DOCUMENT
NUMBER 980914; THENCE NORTH 57 DEGREES 46 MINUTES 35 SECONDS WEST
ALONG SAID DEED LINE, 470.34 FEET; THENCE SOUTH 25DEGREES 22 MINUTES 49
SECONDS WEST ALONG SAID DEED LINE, 946.62 FEET TO THE SOUTH LINE OF THE
NORTHWEST QUARTER OF SAID SECTION 18; THENCE SOUTH 87 DEGREES 46
MINUTES 35 SECONDS WEST ALONG THE SOUTH LINE OF SAID SECTION 18, A
DISTANCE OF 1124.92 FEET TO THE SOUTHEAST CORNER OF A TRACT OF
LAND CONVEYED TO "VOGT" AND DESCRIBED AS "PARCEL TWO" ACCORDING
TO WARRANTY DEED RECORDED NOVEMBER 29, 2004 AS DOCUMENT NUMBER
2004K033119; THENCE NORTH 35 DEGREES 43 MINUTES 30 SECONDS WEST ALONG
SAID DEED LINE 559.11 FEET; THENCE NORTH 16 DEGREES 56 MINUTES 56
SECONDS EAST ALONG SAID DEED LINE, 856.30 FEET; THENCE NORTH 18
DEGREES 05 MINUTES 23 SECONDS EAST ALONG SAID DEED LINE, 331.81 FEET;
THENCE NORTH 28 DEGREES 01 MINUTES 14 SECONDS EAST ALONG SAID DEED
LINE, 405.90 FEET TO THE NORTHEAST CORNER OF SAID VOGT TRACT;
THENCE NORTH 90 DEGREES 58 MINUTES 38 SECONDS WEST ALONG SAID DEED
LINE, 731.11 FEET TO THE EASTERLY LINE OF COTSWOLD FEN PUD PHASE FOUR,
ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 16, 1986 AS
DOCUMENT NUMBER 86-5282 (THE FOLLOWING 3 CALLS ARE ALONG THE
BOUNDARY OF SAID COTSWOLD FEN PUD PHASE FOUR):
1) THENCE NORTH 05 DEGREES 39 MINUTES 17 SECONDS EAST, 263.33 FEET;
2) THENCE SOUTH 86 DEGREES 23 MINUTES 17 SECONDS WEST, 690.76 FEET;
3) THENCE NORTH 83 DEGREES 48 MINUTES 59 SECONDS WEST, 190.17 FEET TO
THE WESTLINE OF SAID SECTION 18; THENCE NORTH.01 DEGREE 38 MINUTES 35
SECONDS WEST ALONG SAID WEST LINE, 31 7.65 FEET TO THE POINT OF
BEGINNING, ALL TN KENDALL COUNTY, ILLINOIS.
EXCEPT THAT PART DEDICATED FOR ROADWAY PURPOSES BY "FORD"
ACCORDING TO DEDICATION DEED AND PLAT RECORDED SEPTEMBER 27, 1944
IN BOOK 99, PAGE 464 OF THE KENDALL COUNTY RECORDER, IN KENDALL
TOWNSHIP; KENDALL COUNTY, ILLINOIS.
ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF SAID SECTION 18; THENCE SOUTH
01 DEGREE 38 MINUTES 35 SECONDS WEST ALONG THE WEST LINE OF SAID
SECTION 18A DISTANCE OF 317.65 FEET TO THE NORTHERLY LINE OF SAID
COTSWOLD FEN PUD PHASE FOUR (THE FOLLOWING 2 CALLS ARE ALONG THE
BOUNDARY OF SAID COTSWOLD FEN PUD PHASE FOUR):
1) THENCE SOUTH 83 DEGREES 48 MINUTES 59 SECONDS EAST, 190.17 FEET;
2) THENCE NORTH 86 DEGREES 23 MINUTES 17 SECONDS EAST, 112.47 FEET;
THENCE NORTH 01 DEGREE 38 MINUTES 35 SECONDS WEST, PARALLEL WITH THE
WEST LINE OF SAID SECTIONS 18 AND 7, A DISTANCE OF 1133.84 FEET TO THE
CENTERLINE OF ILLINOIS STATE ROUTE 71; THENCE SOUTHWESTERLY, 279.12
FEET ALONG A 6611.12 FOOT RADIUS CURVE TO THE RIGHT WHOSE CHORD
BEARS SOUTH 70 DEGREES 05 MINUTES 24 SECONDS WEST, 270.10 FEET;
THENENCE SOUTH 71 DEGREES 17 MINUTES 58 SECONDS WEST, 37.41 FEET
TO THE WEST LINE OF SAID SECTION 7; THENCE SOUTH 01 DEGREE 38
MINUTE 35 SECONDS WEST ALONG SAID WEST LINE, 695.70 FEET TO THE POINT
OF BEGINNING, ALL IN KENDALL COUNTY ILLINOIS.
Permanent Tax Identification Numbers: 05-07-301-003 and 05-18-176-001