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Ordinance 2019-15 ;201. '90000t-r1::fdj;p DEBBIE "IL-1 ETTE RECORDER - KLNDNLL COUNTY, IL RECOWD: 5/2/2019 18:03 ASI ORDI:0440 RHSPS FLU 10.W GAGES: 20 UNITED CITY OF YORKVILLE KENDALL COUNTY, ILLINOIS ORDINANCE NO.2019-15 ORDINANCE APPROVING THIRD AMENDMENT TO THE ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Grande Reserve Subdivision) Passed by the City Council of the United City of Yorkville,Kendall County,Illinois This 121 day of March,2019 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 May 1,2019. Ordinance No. 2019- 16— ORDINANCE 6— ORDINANCE APPROVING THIIM AMENDMENT TO THE ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT (Grande Reserve Subdivision) WHEREAS, on July 22, 2003, the United City of Yorkville, Kendall County, Illinois (the "City") and MPI-2 Yorkville North LLC, MPI-2 Yorkville Central LLC and MPI-2 Yorkville South LLC (collectively, the "Original Owners") entered into a certain Annexation Agreement and Planned Unit Development Agreement (the "Original Agreement'), recorded as Document No. 200300032964 in the Office of the County Recorder of Kendall County, Illinois, to govern the annexation of land and the development of approximately 2,080 dwelling units within the community to be known as the "Grande Reserve Subdivision" situated in the City of Yorkville, Kendal County, Illinois; and, WHEREAS, Grande Reserve (Chicago) ASLI VI, L.L.L.P., a Delaware limited liability limited partnership and NVR, Inc. d/b/a Ryan Homes (the "Current Owners") are the successors to the interests of the Original Owners and have requested the City to eliminate the restrictions or the number of three (3) bedroom homes that may be constructed within Neighborhood 1 without restrictions; and, WHEREAS, the Current Owners are also prepared to pay fifty thousand dollars ($50,000) to the City for the purpose of improving existing parks or constructing a new park in the Grande Reserve Subdivision; and, WHEREAS, the City is prepared to agree to remove the restrictions on the number of three-bedroom homes in Neighborhood 1 and the Current Owners agree to pay the City fifty thousand dollars ($50,000) for park purposes as set forth in the Third Amendment to the Annexation Agreement and Planned Unit Development Agreement in the form attached hereto and made a part hereof, upon Ordinance No.2019- Page 2 NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City of Yorkville, Kendall County, Illinois, that the Third Amendment to Annexation Agreement and Planned Unit Development Agreement (Grand Reserve Subdivision) in the form attached hereto is hereby approved and the Mayor and City Clerk are hereby authorized to execute and deliver said Third Amendment. Passed by the City Council f the United City of Yorkville, Kendall County, Illinois this day of rA r—C ' 2019. City Clerk CARLO COLOSIMO KEN KOCH JACKIE MILSCHEWSKI ARDEN JOE PLOCHER CHRIS FUNKHOUSER JOEL FRIEDERS SEAVER TARULIS _ JASON PETERSON M RYOR -� Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this �<o day of &R I L , 2019. Mayor Ordinance No.2019-15, Page 3 PREPARED BY AND AFTER RECORDING RETURN TO: John H. Mays Gould& Ratner LLP 222 North LaSalle Street Chicago, IL 60601 This space reserved or Recorder's use only, THIRD AMENDMENT TO ANNEXATION AGREEMENT AND PLANNED UNIT DEVELOPMENT AGREEMENT United City of Yorkville (Grande Reserve) This THIRD AMENDMENT TO ANNEXATI N AGREEMENT (this "Amendment") is made and entered into this jo day of APRIL, 20 V7 by and among NVR, INC., a Virginia corporation d/b/a RYAN HOMES ("Petitioner") and GRANDE RESERVE (CHICAGO) ASLI VI, L.L.L.P., a Delaware limited liability limited partnership ("Grande Reserve ASLI") and the UNITED CITY OF YORKVILLE an Illinois municipal corporation(the"City"),by and through its Mayor and City Council (hereinafter referred to collectively as the "Corporate Authorities"). WITNESS: WHEREAS,the City is a duly organized and validly existing non-home-rule municipality created in accordance with Article VII, Section 7 of the Constitution of the State of Illinois 1970; and WHEREAS, the City entered into an Annexation Agreement and Planned Unit Development Agreement (the "Annexation Agreement") on July 22, 2003, with MPI-2 YORKVILLE NORTH LLC, MPI-2 YORKVILLE CENTRAL LCC, and MPI-2 YORKVILLE SOUTH LLC (collectively the "Original Owners")all Illinois Limited Liability Companies; and WHEREAS, by Ordinance No. 2012-04 dated January 10, 2012,the City and a successor to the Original Owners entered into an amendment to the Annexation Agreement (the "First -1- Amendment"; the Annexation Agreement as amended by the First Amendment, the "Original Annexation Agreement'); and WHEREAS,Petitioner is the owner of record of certain properties located in Neighborhood 1 (Units 23,26 and 27)of the Subject Property described on Exhibit"A"attached hereto and made part hereof; and WHEREAS, Grande Reserve ASLI is the owner of record of certain properties located in (Neighborhood 1, Units 23,26 and 27) of the Subject Property described on Exhibit"B"attached hereto and made part hereof;and WHEREAS, Grande Reserve ASLI is successor in interest to the Developer and to the Original Owners under the Original Annexation Agreement and currently is the developer of those portions of the Grande Reserve Subdivision to which it holds title and as such has succeeded to each right and obligation of"Developer"and"Owner"under the Original Annexation Agreement with respect to those portions of the Grande Reserve Subdivision currently owned by Grande Reserve ASLI;and WHEREAS,by Ordinance 2013-62 dated November 12,2013,the City and Grand Reserve ASLI entered into a Second Amendment to the Original Annexation Agreement (the "Second Amendment")which addressed certain school transition fees; and, WHEREAS, Petitioner and Grande Reserve ASLI wish to further amend the Original Annexation Agreement as amended by the First Amendment and the Second Amendment,to allow the development of three-bedroom homes in Neighborhood 1,without restriction; and WHEREAS, Petitioner and Grande Reserve ASLI are each duly authorized to enter into this Amendment and each desires to enter into this Amendment with the City; and WHEREAS,pursuant to the provisions of Section 11-15.1-1 et seq.and Section 7-1 et seq. of the Illinois Municipal Code,a proposed amendment, in substance and in form substantially the same as this Amendment, was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by ordinance and statute; and WHEREAS, in accordance with the powers granted to the City by the provisions of 65 ILCS 5111-15.1-1 through 15.1-5, inclusive,relating to amendment of annexation agreements, the parties hereto wish to enter into a binding agreement to amend certain provisions of the Original Annexation Agreement,as authorized by the provisions of said statutes;and WHEREAS, the Corporate Authorities of the City, after due deliberation have, by ordinance duly adopted, approved this Amendment and have directed the Mayor and Clerk of the City to execute this Amendment. Now,therefore,in consideration of the mutual covenants and agreements herein contained, the parties hereto agree as follows: 1. INCORPORATION OF PREAMBLES AND DEFINED TERMS. -2- The forgoing Preambles to this Amendment are incorporated herein by reference as though fully set forth herein verbatim. Any capitalized term not defined in this Amendment shall have the meaning given to it in the Original Annexation Agreement. 2. AMENDMENT TO EXHIBIT E2 OF THE ORIGINAL ANNEXATION AGREEMENT. Paragraph 2 of Exhibit E2 to the Original Annexation Agreement is hereby deleted in its entirety and replaced with the following: "There shall be no restriction on the number of three-bedroom homes that may be constructed and conveyed within Neighborhood 1; provided however,no four bedroom homes shall be permitted." 3. PARK DONATIONS The Petitioner agrees that on or before the first anniversary of the date of the execution of this Third Amendment,the Petitioner and Grande Reserve ASLI, as successor in interest to the Original Owners covenant and agree to pay to the City the sum of Fifty Thousand Dollars ($50,000)to improve existing parks or to construct a new park within the Grande Reserve subdivision. 4. GENERAL PROVISIONS. A. This Amendment shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. B. This Amendment shall be enforceable in any court of competent jurisdiction by either party by an appropriate action at law or in equity to secure the performance of the covenants herein described. C. Except for the provisions of this Amendment, all the terms, covenants and conditions of the Original Annexation Agreement shall remain in full force and effect, and are not otherwise altered, amended, revised or changed. City, Grande Reserve ASLI and Petitioner confirm and ratify the Annexation Agreement and the actions taken pursuant to the Annexation Agreement, except to the extent expressly modified by this Amendment. In the event of any conflict between this Amendment and any other provision in the Annexation Agreement or the ordinances of the City, the provisions of this Amendment shall prevail to the extent of any such conflict or inconsistency. D. +The parties acknowledge that,to the best of their respective knowledge, as of the date of this Amendment,there are no defaults under the Original Annexation Agreement. E. This Amendment may be executed in counterparts, each of which shall be an original and all of which counterparts taken together shall constitute one and the same agreement. IN WITNESS WHEREOF, the Corporate Authorities, Petitioner and Grande Reserve ASLI have caused this instrument to be executed by their respective proper officials, duly authorized to execute the same,on the day and year first above written. -3- !SIGNATURE PAGES FOLLOW] -4- SIGNATURE PAGE TO THIRD AMENDMENT TO ANNEXATIONAGREEMENT CITY: UNITED CITY OF YORKVILLE, an Illinois municipal cor oration By: May , Attest: City Clerk STATE OF ILLINOIS ) ss. COUNTY OF En OAU- ) 1,the undersigned,a Notary Public in and for said County,in the State aforesaid,do hereby certify that C-'OR`(f 6014►i*j Mayor of the United City of Yorkville, Illinois, and 6E-TP r //i R9,64, City Clerk of the United City of Yorkville, Illinois, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Mayor and City Clerk respectively, appeared before me this day in person and acknowledged that they signed and delivered the same instrument as their own free and voluntary and as the free and voluntary act of said Municipal Corporation, for the uses and purposes therein set forth, pursuant to authority given by the City Council,for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this Ao day of-APRl L ,2019. 0l - My commission expires: la h sk 0 Notary Public ENOTARY FFICIAL SEAL A PICKERING BLIC STATE OF ILLINOIS ISSION EXPIRES:12/18/20 -5- SIGNATURE PAGE TO THIRD AMENDMENT TO ANNEXA TION A GREEMENT GRANDE RESERVE ASLI: GRANDE RESERVE (CHICAGO)ASLI VI,L.L.L.P. a Delaware limited liability limited partnership By: Avanti Properties Group II, L.L.L.P., a Delaware limited liability limited partnership, its sole general partner By: Avanti Management Corporation, a Florida corporation, its so,je general partner By: Andrew 16ubill, Vice President STATE OF a ) ss. COUNTY OFC �2 ) 1,the undersigned,a Notary Public in and for said County,in the State aforesaid,do hereby certify that Andrew Dubill, Vice President of Avanti Management Corporation, sole general partner of Avanti Properties Group II, L.L.L.P., the sole general partner of Grande Reserve (Chicago) ASLI VI, L.L.L.P., a Delaware limited liability limited partnership, personally known to me to be the same person whose names is subscribed to the foregoing instrument as such Vice President, appeared before me this day in person and acknowledged that he signed and delivered the same instrument as his own free and voluntary and as the free and voluntary act of said limited liability company, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this aZa day of �Y''t'riti ,2019. �4'a.Lt- o 01 QA e Q' Notary Public My commission expires: c�,v o�� f 00°� Notary Public State of Florida ? Janet R Morales My Commission FF 223166 9�ov�d Expires 05/28/2019 SIGNATURE PAGE TO THIRD AMENDMENT TO ANNEXA TION A GREEMENT PETITIONER: N oration By: Name: Title: < By: Name: Title: STATE OF ss. COUNTY OF I,the undersigned,a Notary Public in and for said County, in the State aforesaid,do hereby certify that *j P5and and , resp ctively, of NVR, Inc., personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such officers, appeared before me this day in person and acknowledged that they signed and delivered the same instrument as their own free and voluntary and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this day of Vja4- h , 2019. Notary Pu is My commission expires: 'go a a— OFFICIAL SEAL KRISTINE J POLSEN NOTARY PUBLIC-STATE OF ILLINOIS MY COWASSM EXPIRES-002M EXHIBIT A PETITIONER'S NEIGHBORHOOD 1 PROPERTY s Exhibit A— Unit 23 Legal Description Grande Reserve Units 23,26, 27/Neighborhood 1 Lot and PIN list-all addresses are in Yorkville,IL 60560 Unit 23 Lot str.# street PIN 173 2824 Owen Court 02 11 228 064 174 2820 Owen Court 02 11 228 063 175 2808 Owen Court 02 11 228 062 181 2821 Owen Court 02 11 228 056 182 2825 Owen Court 02 11 228 055 183 2803 Gains Court 02 11 228 054 184 2798 Gains Court 02 11 228 053 185 2796 Gains Court 02 11 228 052 186 2792 Gains Court 02 11 228 051 187 2786 Gains Court 02 11 228 050 192 2789 Gains Court 02 11 228 045 193 2793 Gains Court 02 11 228 044 194 2797 Gains Court 02 11 228 043 195 2799 Gains Court 02 11 228 042 196 2805 Gains Court 02 11 228 041 197 2832 Sheridan Court 02 11 228 040 198 2828 Sheridan Court 02 11 228 039 206 - 2821 Sheridan Court 02 11 228 031 207 2825 Sheridan Court 02 11 228 030 208 2829 Sheridan Court 02 11 228 029 209 4351 E. Millbrook Circle 02 11 228 028 210 4355 E. Millbrook Circle 02 11 228 027 211 2846 Ketchum Court 02 11 228 025 212 2842 Ketchum Court 02 11 228 024 213 2838 Ketchum Court 02 11 228 023 218 2839 Ketchum Court 02 11 228 018 219 2843 Ketchum Court 02 11 228 017 220 2847 Ketchum Court 02 11 228 016 221 2849 Ketchum Court 02 11 228 q15223 4435 E. Millbrook Circle 02 11 228 235 4488 E. Millbrook Circle 02 11 227 245 2821 Silver Springs Court 02 11 227 256 2834 Silver Springs Court 02 11 227 023 257 2832 Silver Springs Court 02 11 227 024 277 4294 E. Millbrook Circle 02 11 229 008 278 4288 E. Millbrook Circle 02 11 229 009 Exhibit A— Unit 23 Legal Description 279 4282 E. Millbrook Circle 02 11 229 010 280 4274 E. Millbrook Circle 02 11 229 011 281 4268 E. Millbrook Circle 02 11 229 012 282 4262 E. Millbrook Circle 02 11 229 013 283 4254 E. Millbrook Circle 02 11 229 014 284 4248 E. Millbrook Circle 02 11 229 015 285 4242 E. Millbrook Circle 02 11 229 016 286 4234 E. Millbrook Circle 02 11 229 017 Legal description of all lots above:Lot in Grande Reserve-Unit 23, being a subdivision of part of the southeast quarter of section 2, part of the northeast quarter of section 11,and part of the northwest quarter of section 12,township 37 north, range 7,east of the third principal meridian,according to the plat thereof recorded December 15,2006 as document number 200600040560, in the United City of Yorkville, Kendall County, Illinois. 176 2806 Owen Court 02 11 228 061 177 2802 Owen Court 02 11 228 060 178 2801 Owen Court 02 11 228 059 179 2805 Owen Court 02 11 228 058 180 2809 Owen Court 02 11 228 057 188 2782 Gains Court 02 11 228 049 189 2778 Gains Court 02 11 228 048 190 2781 Gains Court 02 11 228 047 191 2785 Gains Court 02 11 228 046 202 2810 Sheridan Court 02 11 228 078 203 2806 Sheridan Court 02 11 228 079 214 2834 Ketchum Court 02 11 228 077 215 2828 Ketchum Court 02 11 228 076 216 2831 Ketchum Court 02 11 228 075 217 2835 Ketchum Court 02 11 228 074 232 4477 E. Millbrook Circle 02 11 228 082 236 4478 E. Millbrook Circle 02 11 227 028 237 4476 E. Millbrook Circle 02 11 227 029 238 4472 E. Millbrook Circle 02 11 227 030 239 4468 E. Millbrook Circle 02 11 227 031 251 2843 Silver Springs Court 02 11 227 034 268 4388 E. Millbrook Circle 02 12 110 011 269 4376 E. Millbrook Circle 02 12 110 010 287 4228 E.Millbrook Circle 02 11 229 022 288 4220 E. Millbrook Circle 02 11 229 023 289 4210 E. Millbrook Circle j 02 j 11 j 229 j 024 Exhibit A— Unit 23 Legal Description 290 I 4208 I E. Millbrook Circle I 02 I 11 I 229 I 025 Legal description of all lots above: Lot in amended plat of Grande Reserve-Unit 23, being a subdivision of part of the southeast quarter of section 2, part of the northeast quarter of section 11,and part of the northwest quarter of section 12,township 37 north, range 7,east of the third principal meridian,according to the plat thereof recorded June 18, 2007 as document number 200700018963, in the United City of Yorkville, Kendall County, Illinois. 71 total lot count EXHIBIT B GRANDE RESERVE ASLI'S NEIGHBORHOOD 1 PROPERTY 4823-9561-1504,v.2 9 UNIT 23 LOTS 173 THROUGH 290, INCLUSIVE,3033,3034,3035,AND 3036 IN AMENDED PLAT OF PART OF GRANDE RESERVE-UNIT 23, BEING A SUBDIVIONS OF PART OF THE SOUTHEAST QUARTER OF SECTION 2, PART OF THE NORTHEAST QUARTER OF SETION 11,AND PART OF THE NORTHWEST QUARTER OF SETION 112,TOWNSHIP 37 NORTH, RANGE 7,EAST OF THE THIRD PRINCIPAL MERIDIAN,ACCORDING TO THE PLAT THEREOF RECORDED JUNE 18,2007 AS DOCUMENT 200700018963,IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS LEGAL DESCRIPTION FOR PROPOSED UNIT 26 AND 27 IN GRANDE RESERVE YORKVILLE, ILLINOIS THAT PART OF THE EAST HALF OF SECTION 11, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF LOT 3030 IN GRANDE RESERVE UNIT 20, ACCORDING TO THE PLAT THEREOF RECORDED OCTOBER 31, 2006 AS DOCUMENT NUMBER 200600035289; THENCE NORTH 01 DEGREES 21 MINUTES 07 SECONDS WEST, ALONG THE EAST LINE OF LAND DESCRIBED IN DEED RECORDED AS DOCUMENT NUMBER 200500001028, 808.51 FEET, TO THE SOUTHEAST CORNER OF LOT 42 IN STORYBROOK HIGHLANDS UNIT 2 ACCORDING TO THE PLAT THEREOF RECORDED AUGUST 12, 1974 AS DOCUMENT NUMBER 74-3985; THENCE NORTH 01 DEGREES 17 MINUTES 50 SECONDS WEST, ALONG EAST LINE OF SAID SUBDIVISION, 1,029.69 FEET, TO A 1 INCH IRON PIPE ON THE SOUTH LINE OF LAND DESCRIBED IN DEED RECORDED AS DOCUMENT NUMBER 200400024625; THENCE NORTH 88 DEGREES 02 MINUTES 15 SECONDS EAST,ALONG SAID SOUTH LINE, 248.73 FEET,TO A 1 1/4 INCH PINCHED IRON PIPE ON THE EAST LINE OF SAID LAND; THENCE NORTH 01 DEGREES 18 MINUTES 04 SECONDS WEST, ALONG SAID EAST LINE, 808.81 FEET, TO THE SOUTH RIGHT-OF-WAY LINE OF GELENA ROAD (ALSO KNOWN AS COUNTY HIGHWAY 9 AND CANNONBALL TRAIL) AS DEDICATED BY DOCUMENT NUMBER 200600040560; THENCE NORTH 63 DEGREES 46 MINUTES 24 SECONDS EAST, ALONG SAID SOUTH LINE, 806.93 FEET (807.42 FEET RECORD),TO THE WEST LINE OF GRANDE RESERVE UNIT 23,ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 15, 2006 AS DOCUMENT NUMBER 200600040560, ALSO BEING THE WEST RIGHT-OF-WAY LINE OF BLACKHAWK BOULEVARD AS DEDICATED BY SAID UNIT 23; THENCE ALONG WEST LINE OF SAID UNIT 23 FOR THE FOLLOWING 39 COURSES; 1') THENCE SOUTH 26 DEGREES 13 MINUTES 36 SECONDS EAST, 283.50 FEET; 2) THENCE SOUTH 63 DEGREES 46 MINUTES 24 SECONDS WEST, 25.99 FEET; 3)THENCE SOUTH 26 DEGREES 13 MINUTES 36 SECONDS EAST, 66.00 FEET; 4) THENCE SOUTH 34 DEGREES 45 MINUTES 13 SECONDS EAST, 70.22 FEET; 5) THENCE NORTH 55 DEGREES 14 MINUTES 47 SECONDS EAST, 26.00 FEET, 6) THENCE SOUTH 34 DEGREES 45 MINUTES 13 SECONDS EAST, 120.00 FEET; 7) THENCE SOUTH 55 DEGREES 14 MINUTES 47 SECONDS WEST, 41.00 FEET; 8) THENCE SOUTH 34 DEGREES 45 MINUTES 13 SECONDS EAST, 95.00 FEET; 9)THENCE SOUTH 55 DEGREES 14 MINUTES 47 SECONDS WEST, 60.00 FEET; 10) THENCE SOUTH 34 1 of 4 LEGAL DESCRIPTION FOR PROPOSED UNIT 26 AND 27 IN GRANDE RESERVE YORKVILLE, ILLINOIS DEGREES 45 MINUTES 13 SECONDS EAST, 36.00 FEET; 11)THENCE SOUTH 55 DEGREES 14 MINUTES 47 SECONDS WEST, 120.00 FEET; 12) THENCE SOUTH 36 DEGREES 18 MINUTES 44 SECONDS WEST,28.73 FEET; 13)THENCE SOUTH 01 DEGREES 11 MINUTES 38 SECONDS EAST, 60.00 FEET; 14) THENCE NORTH 88 DEGREES 48 MINUTES 22 SECONDS EAST, 36.00 FEET; 15) THENCE SOUTH 01 DEGREES 11 MINUTES 38 SECONDS EAST, 120.00 FEET; 16) THENCE SOUTH 88 DEGREES 48 MINUTES 22 SECONDS WEST, 31.00 FEET; 17) THENCE SOUTH 01 DEGREES 11 MINUTES 38 SECONDS EAST, 60.00 FEET; 18) THENCE SOUTH 88 DEGREES 48 MINUTES 22 SECONDS WEST, 100.00 FEET; 19) THENCE SOUTH 01 DEGREES 11 MINUTES 38 SECONDS EAST, 41.00 FEET; 20) THENCE SOUTH 88 DEGREES 48 MINUTES 22 SECONDS WEST, 38.65 FEET; 21) THENCE SOUTH 01 DEGREES 11 MINUTES 38 SECONDS EAST, 41.00 FEET; 22) THENCE NORTH 88 DEGREES 48 MINUTES 22 SECONDS EAST, 100.00 FEET; 23) THENCE SOUTH 01 DEGREES 11 MINUTES 38 SECONDS EAST, 60.00 FEET; 24) THENCE NORTH 88 DEGREES 48 MINUTES 22 SECONDS EAST, 31.00 FEET; 25) THENCE SOUTH 01 DEGREES 11 MINUTES 38 SECONDS EAST, 164.53 FEET; 26) THENCE NORTH 88 DEGREES 42 MINUTES 03 SECONDS EAST, 98.08 FEET; 27) THENCE SOUTH 01 DEGREES 17 MINUTES 57 SECONDS EAST, 36.00 FEET; 28) THENCE NORTH 88 DEGREES 42 MINUTES 03 SECONDS EAST, 60.00 FEET; 29) THENCE SOUTH 01 DEGREES 17 MINUTES 57 SECONDS EAST, 95.00 FEET; 30) THENCE NORTH 88 DEGREES 42 MINUTES 03 SECONDS EAST, 41.00 FEET; 31) THENCE SOUTH 01 DEGREES 17 MINUTES 57 SECONDS EAST, 120.00 FEET; 32) THENCE SOUTH 88 DEGREES 42 MINUTES 03 SECONDS WEST, 26.00 FEET; 33) THENCE SOUTH 01 DEGREES 17 MINUTES 57 SECONDS EAST, 60.00 FEET; 34) THENCE SOUTH 11 DEGREES 03 MINUTES 49 SECONDS EAST, 50.60 FEET; 35) THENCE SOUTH 28 DEGREES 13 MINUTES 56 SECONDS EAST, 73.98 FEET, TO THE NORTH RIGHT-OF-WAY LINE OF MILLBROOK CIRCLE AS DEDICATED BY AFORESAID SAID UNIT 23; 36) THENCE SOUTH 61 DEGREES 46 MINUTES 04 SECONDS WEST, ALONG SAID NORTH RIGHT-OF-WAY LINE, 10.20 FEET; 37) THENCE SOUTH 28 DEGREES 13 MINUTES 56 SECONDS EAST, 188.75 FEET, TO A POINT OF CURVATURE; 38) THENCE SOUTHEASTERLY, 81.76 FEET, ALONG A CURVE TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE NORTHEAST, HAVING A RADIUS OF 350.00 FEET, A CHORD BEARING SOUTH 34 DEGREES 55 MINUTES 27 SECONDS EAST, AND A CHORD DISTANCE OF 81.57 FEET, TO A POINT OF TANGENCY; 39) THENCE SOUTH 41 DEGREES 37 MINUTES 26 SECONDS EAST, 22.23 FEET (22.30 2 of 4 LEGAL DESCRIPTION FOR PROPOSED UNIT 26 AND 27 IN GRANDE RESERVE YORKVILLE, ILLINOIS FEET RECORD), TO A 1 INCH IRON PIPE ON THE NORTHERLY RIGHT-OF-WAY LINE OF TUSCANY TRAIL AS DEDICATED BY DOCUMENT NUMBER 200600035289; THENCE ALONG SAID NORTHERLY LINE FOR THE FOLLOWING 3 COURSES; 1) SOUTH 48 DEGREES 21 MINUTES 51 SECONDS WEST, 146.12 FEET, TO A POINT OF CURVATURE;2) THENCE SOUTHWESTERLY, 358.07 FEET, ALONG A CURVE TANGENT TO THE LAST DESCRIBED COURSE, CONCAVE SOUTHEAST, HAVING A RADIUS OF 435.00 FEET, A CHORD BEARING SOUTH 24 DEGREES 46 MINUTES 58 SECONDS WEST, AND A CHORD DISTANCE OF 348.05 FEET,TO A POINT OF TANGENCY; 3) THENCE SOUTH 01 DEGREES 12 MINUTES 04 SECONDS WEST, 14.26 FEET(14.59 FEET RECORD);TO THE NORTHERLY LINE OF AFORESAID GRANDE RESERVE UNIT 20; THENCE ALONG NORTHERLY AND WESTERLY LINE OF SAID SUBDIVISION FOR THE FOLLOWING 20 COURSES; 1) THENCE NORTH 88 DEGREES 58 MINUTES 59 SECONDS WEST, 30.23 FEET(30.00 FEET RECORD), TO A 1 INCH IRON PIPE; 2) THENCE NORTH 81 DEGREES 36 MINUTES 50 SECONDS WEST, 74.01 FEET(74.02 FEET RECORD), TO A 1 INCH IRON PIPE; 3)THENCE NORTH 68 DEGREES 38 MINUTES 07 SECONDS WEST, 167.47 FEET (167.50 FEET RECORD), TO 1 INCH IRON PIPE; 4) THENCE SOUTH 21 DEGREES 22 MINUTES 30 SECONDS WEST, 185.96 FEET (186.00 FEET RECORD), TO A 1 INCH IRON PIPE; 5) THENCE SOUTH 68 DEGREES 31 MINUTES 07 SECONDS EAST, 23.47 FEET (22.36 FEET RECORD), TO A 1 INCH IRON PIPE; 6) THENCE SOUTH 21 DEGREES 17 MINUTES 24 SECONDS WEST, 120.00 FEET; 7) THENCE SOUTH 89 DEGREES 49 MINUTES 02 SECONDS WEST, 78.14 FEET, TO A 1 INCH IRON PIPE; 8) THENCE NORTH 51 DEGREES 56 MINUTES 39 SECONDS WEST, 99.59 FEET(99.54 FEET RECORD); 9)THENCE NORTH 70 DEGREES 41 MINUTES 59 SECONDS WEST,78.16 FEET; 10)THENCE NORTH 88 DEGREES 08 MINUTES 28 SECONDS WEST, 78.84 FEET; 11) THENCE NORTH 89 DEGREES 43 MINUTES 30 SECONDS WEST, 168.36 FEET; 12) THENCE SOUTH 31 DEGREES 05 MINUTES 04 SECONDS WEST, 89.64 FEET,TO A 1 INCH IRON PIPE; 13)THENCE SOUTH 01 DEGREES 21 MINUTES 18 SECONDS EAST, 158.00 FEET; 14) THENCE SOUTH 59 DEGREES 40 MINUTES 13 SECONDS EAST, 57.67 FEET; 15)THENCE SOUTH 37 DEGREES 12 MINUTES 58 SECONDS WEST, 148.98 FEET, TO A 1 INCH IRON PIPE; 16) THENCE SOUTH 14 DEGREES 40 MINUTES 46 SECONDS WEST, 66.00 FEET (66.12 FEET RECORD), TO A 1 INCH IRON PIPE AND A POINT ON A NON-TANGENT CURVE; 17)THENCE EASTERLY, 8.88 FEET (8.94 FEET RECORD), ALONG SAID NON-TANGENT CURVE, CONCAVE NORTH, HAVING A RADIUS OF 183.00 FEET,A CHORD BEARING SOUTH 73 DEGREES 52 MINUTES 30 SECONDS EAST, AND A CHORD DISTANCE OF 8.88 FEET, TO A 1 INCH IRON PIPE; 18) 3 of 4 LEGAL DESCRIPTION FOR PROPOSED UNIT 26 AND 27 IN GRANDE RESERVE YORKVILLE, ILLINOIS THENCE SOUTH 75 DEGREES 34 MINUTES 47 SECONDS EAST, 20.30 FEET (20.47 FEET RECORD), TO A 1 INCH IRON PIPE; 19) THENCE SOUTH 14 DEGREES 34 MINUTES 25 SECONDS WEST, 120.10 FEET (120.00 FEET RECORD), TO A 1 INCH IRON PIPE; 20) THENCE NORTH 75 DEGREES 18 MINUTES 58 SECONDS WEST, 248.70 FEET (248.68 FEET RECORD), TO THE POINT OF BEGINNING, IN KENDALL COUNTY, ILLINOIS EXCEPT THAT PART IN THE SOUTHEAST QUARTER IN SAID SECTION 11. CONTAINING 2,186,349 SQUARE FEET, (50.192 ACRES)MORE OR LESS. PREPARED BY: MANHARD CONSULTING LTD. 900 WOODLANDS PARKWAY VERNON HILLS, 1'L 60061 4 of 4