Ordinance 2010-31 i
STATE OF ILLINOIS )
COUNTY OF KENDALL ) D E I_e 1B I E
�C 1 L.. IL_.. E: - T - - T - E
KI_NDAL_L COLIN - rY, 1L
RECORDED: 8/9/2010 12:06 PM
ORD: 61.00 RHSPS FEE: 10.00
PAGES: 16
Ordinance No. 2010 -
AN ORDINANCE AUTHORIZING THE EXECUTION
OF THE FIRST AMENDMENT TO THE ANNEXATION AGREEMENT
AND PLANNED DEVELOPMENT AGREEMENT
(Autumn Creek Subdivision) �
WHEREAS, it is prudent and in the best interest of the United City of Yorkville, Kendall
County, Illinois, that an amendment to the certain Annexation Agreement and Planned Development
Agreement pertaining to the annexation of real estate described therein (the "Subject Property ") be
adopted in order to permit the residential development contemplated in said Annexation Agreement to
proceed; and, '
I
WHEREAS, said Annexation Agreement authorizes amendments by a purchaser of any portion
of Subject Property without approval of the owners of any other portion of the Subject Property so long as
such amendments to this do not affect the rights, duties or obligations or the remaining owners; and,
WHEREAS, the statutory procedures provided in 65 ILCS 5111- 15.1 -1, as amended, for the
execution of a First Amendment to said Annexation and Planned Development Agreement have been
fully complied with.
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 First Amendment to the Annexation Agreement and Planned Development
Agreement in the form presented to this meeting attached hereto and made a part hereof is hereby
approved; and the Mayor and the City Clerk are herewith authorized and directed to execute, on behalf of
the City, said First Amendment to the Annexation Agreement and Planned Development Agreement.
i
Section 2. This Ordinance shall be in full force and effect immediately from and after its passage
and approval according to law.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois, this
day of , A.D. 2010.
ROBYN SUTCLIFF i , GEORGE T. GILSON, JR.
C5
ARDEN JOE PLOCHER DIANE TEELING
GARY GOLINSKI � MARTY MUNNS O
{
ROSE SPEARS W ALLY WERDERICH
v
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
� 3 day of �J U L V , A.D. 2010.
Mayor v3
Attest:
&tyAe�1J� �
Prepared By and Return To:
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL, 60560
2
FIRST AMENDMENT
TO
ANNEXATION AGREEMENT
AND
PLANNED DEVELOPMENT AGREEMENT
(Autumn Creek Subdivision)
THIS FIRST AMENDMENT to that certain Annexation Agreement and Planned
Development Agreement (the "Original Agreement ") made and entered into as of the 12th day of
April, 2005, by and between Richard J. Theidel and LaSalle Bank National Association, as
Successor Trustee under Trust Agreement dated February 15, 1977 and known as Trust Number
4198 ( "Owners "), Pulte Home Corporation ( "Developer ") and the United City of Yorkville
( "City ") is made this 13 day of J U L �/ , 2010, by and between PULTE HOME
CORPORATION, a Michigan corporation and the UNITED CITY OF YORKVILLE, a
municipal corporation organized and existing under and by virtue of the laws of the State of
Illinois (the "City") by and through its Mayor and Alderman ( "Corporate Authorities "); and,
WHEREAS, the Original Agreement relates to certain real estate legally described on
Exhibit A attached hereto and made a part hereof and referred to therein as the "Subject
Property "; and,
WHEREAS, Developer purchased a portion of the Subject Property comprised of
approximately 265 acres legally described on Exhibit B attached hereto and made a part hereof
and referred to therein as the "Residential Parcel "; and,
WHEREAS, Section 34 of the Original Agreement authorizes amendments thereto by a
purchaser of any portion of the Subject Property and the City, as to such portion, without any
action or approval of the Owners of any other portion of the Subject Property if such
Amendments do not affect the rights, duties or obligations of the Owners of the remaining
portions of the Property not included in the Amendment; and,
WHEREAS, the Developer has acquired the Residential Parcel and the Owners have
relinquished all right, title and interest thereto and the Developer and the City now wish to
amend the Original Agreement as it relates to the Residential Parcel; and,
WHEREAS, the public hearing required by law was held by the Mayor and City Council
of the City upon this Amendment to the Original Agreement, such hearing having taken place on
June 8, 2010.
NOW, THEREFORE, in consideration of the foregoing preambles and the mutual
covenants and agreements contained herein, Developer and the City agree that the Original
Agreement is hereby amended as solely pertaining to the Residential Parcel described on Exhibit
B as follows:
1. Pursuant to Paragraph 17.13. of the Original Agreement, the City is required to
issue a temporary certificate of occupancy when weather conditions do not permit
outside painting, landscaping, sidewalks, final surfacing of driveways or final
grading for individual homes. City agrees not to collect or seek any payments nor
other security from the Developer for the completion of such items on the
condition that the Developer deposits with the City cash in the amount of $25,000
as security or the development of the Residential Parcel which cash deposit shall
Y p � p
be replenished in order to maintain a deposit no less than $25,000 until the final
certificate of occupancy for each unit included within the Residential Parcel has
been issued. At such time as said cash bond is delivered by the Developer,
existing cash bonds and /or letters of credit previously delivered by the Developer
shall be returned to the Developer. In the event any other person or entity applies
for a building permit on the Residential Parcel, a - Vetter of Credit for such items
shall be required pursuant to City Codes.
2. The Developer proposes to develop the Autumn Creek Subdivision in Phases as
depicted on Exhibit C attached hereto and made a part hereof and hereby requests
the City to review and the City agrees to review and to consider a proposal to
amend prior platting of the Autumn Creek Subdivision to permit Phase 4, the area
north of Kennedy Road, to be replatted with new engineering, new lot size, and a
new product on the condition that all remain single family with no increase in
density and all procedures as required by the City Code are strictly adhered to.
3. The Developer proposes to construct the development on a phased basis as
depicted on Exhibit C attached hereto and the City agrees to partial acceptance of
such public improvements within each phase upon completion of said public
improvements on the condition the Developer covenant and agree to remain
responsible for maintenance, repair, and /or replacement, if necessary, of any
surface structure constructed within that phase until the expiration of the
Warranty Period for the last category of public improvements accepted by the
City for that phase. For the purposes of this agreement "surface structure" shall
mean any part of any public infrastructure that exists above or extends to the
ground surface, thereby making it vulnerable to damage. Category of
improvement or infrastructure shall constitute each of the following: earthwork,
erosion control, water main, sanitary sewer, storm water, paving, lighting,
sidewalks and common area landscaping.
4. A. Pursuant to Paragraph 8 of the Original Agreement, the building
and related codes in effect as of the date of said Original Agreement were to be
applied for a period of five (5) years or until April 12, 2010. Paragraph 8 of the
Original Agreement is hereby amended by not extending the building and related
codes in affect as of the date of said Annexation Agreement but applying the 2006
building codes and extending the related codes for a period of five (5) years or
until April 25, 2015; provided that the Developer waives any extension of the
2
application of the 2006 building codes or any potential grace period after April
25, 2015.
B. By applying the 2006 building and related codes hereunder, the
City agrees that no requirements for sprinklers or fire suppression devices shall be
applied to the single family homes constructed on the Residential Parcel during
such period.
i
C. All fees in effect as of the date of the Original Agreement shall
continue with no increases, other than the costs incurred by the City for water
meters, until April 25, 2015.
5. The Developer hereby requests the City to review and the City, agrees to review
and consider a replatting of the townhome section of Phase 1B as depicted on
Exhibit C of the Autumn Creek Subdivision to replace the townhomes with single
family residences and replat the remaining area on the condition that there is no
increase in density and all are procedures as required by the City Code are strictly
adhered to.
6. The Developer agrees to provide to the City a fiscal impact analysis with any
request to change density of the number of residences from any prior plat, which
analysis shall demonstrate that any replatting shall not have any negative impact
on the then current homeowners association assessments or special service area
payments.
7. The Developer shall keep in place the currently committed funds for the
reconstruction of Kennedy Road and not decrease said funds as a result of any
change in density which is based upon the original 575 total number of dwelling
units, inclusive of 317 single - family and 258 townhome residences.
3
IN WITNESS WHEREOF, the parties hereto have set their hands and seals to this
Agreement as of the date and year first above written.
DEVELOPER:
PULTE HOME CORPORATION
By:
Name:
Its: 1/I e %I
and
B
Name: f
Its: �P dF fr••r�c
CITY:
UNITED CITY OF YORKVILLE,
an Illinois municipal corporation
B (/ r ��
Name: V- ALEP—IF &tFe b
Its: Mayor
ATTEST:
Name:
Its: City
4
EXHIBIT A
ANNEXATION PROPERTY
PARCEL 1:
THAT PART OF THE WEST HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE
ORIGINAL LOCATION OF A STONE IN THE CENTER LINE OF THE BRISTOL AND
OSWEGO ROAD, PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND
NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST
CORNER OF SAID SECTION 22; THENCE NORTH 34 DEGREES 59 MINUTES 00
SECONDS WEST, ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23 MINUTES
07 SECONDS WITH THE CENTERLINE OF U.S. ROUTE 34, MEASURED FROM
NORTHEAST TO NORTHWEST, 2,054.60 FEET FOR POINT OF BEGINNING; THENCE
SOUTH 52 DEGREES 08 MINUTES 00 SECONDS WEST, 825.40 FEET; THENCE NORTH
38 DEGREES 06 MINUTES 00 SECONDS WEST, 1,803.88 FEET TO THE CENTER LINE
OF KENNEDY ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE,
1,581.49 FEET TO A POINT WHICH IS 350.0 FEET SOUTHWESTERLY OF, AS
MEASURED ALONG SAID CENTER LINE, THE MOST EASTERLY CORNER OF
BRISTOL LAKE SUBDIVISION; THENCE SOUTH 38 DEGREES 15 MINUTES 40
SECONDS EAST, 1,639.93 FEET TO A LINE DRAWN NORTH 52 DEGREES 45 MINUTES
17 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 52 DEGREES
45 MINUTES 17 SECONDS WEST, 750.69 FEET TO THE POINT OF BEGINNING, IN
BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
PARCEL2:
THAT PART OF THE SOUTH HALF OF SECTION 15 AND THAT PART OF THE NORTH
HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION,
AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT
BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHWESTERLY ALONG THE
NORTHEASTERLY LINE OF SAID SUBDIVISION 1988.0 FEET TO THE
NORTHEASTERLY CORNER OF SAID SUBDIVISION; THENCE NORTHWESTERLY
ALONG A LINE MAKING AN ANGLE OF 180 DEGREES 13 MINUTES 25 SECONDS
MEASURED COUNTER- CLOCKWISE FROM THE LAST DESCRIBED COURSE, A
DISTANCE OF 895.02 FEET TO AN EXISTING IRON PIPE STAKE; THENCE EASTERLY
ALONG AN OLD FENCE LINE FORMING AN INTERIOR ANGLE OF 58 DEGREES 15
MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF
1298.88 FEET (19.68 CHAINS) TO AN IRON PIPE STAKE HEREWITH PLACED; THENCE
SOUTHEASTERLY ALONG AN OLD ESTABLISHED LINE OF OCCUPATION FORMING
AN INTERIOR ANGLE OF 124 DEGREES 23 MINUTES 38 SECONDS WITH THE LAST
DESCRIBED COURSE A DISTANCE OF 2185.47 FEET TO AN EXISTING IRON PIPE
{33300: 016: 00554363.DOC : }
STAKE ON THE CENTER LINE OF KENNEDY ROAD WHICH IS 1213.59 FEET
NORTHEASTERLY FROM THE POINT OF BEGINNING, AS MEASURED ALONG SAID
CENTER LINE; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE 1213.59 FEET
TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY,
ILLINOIS.
PARCEL 3:
THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION
AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT
BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE
CENTER LINE OF KENNEDY ROAD, WHICH MAKES AN ANGLE OF 88 DEGREES 58
MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION,
MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE
SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN
INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST
DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY
PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1348.57 FEET;
THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 88
DEGREES 37 MINUTES 37 SECONDS WITH THE LAST DESCRIBED COURSE A
DISTANCE OF 1224.23 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID
BRISTOL LAKE SUBDIVISION WHICH IS 0.46 FEET SOUTHWESTERLY FROM THE
POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY
LINE 0.46 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL,
KENDALL COUNTY, ILLINOIS (EXCEPTING THEREFROM THAT LAND CONVEYED j
TO KENNETH D. DOTY, JR., IN DEED RECORDED AS DOCUMENT NUMBER R85 -5973,
DESCRIBED AS FOLLOWS:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH,
RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION;
THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, 299.54
FEET; THENCE SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED
COURSE, 287.11 FEET; THENCE SOUTHWESTERLY, AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, 306.88 FEET TO THE EASTERLY LINE OF A TRACT OF LAND
CONVEYED TO HERBERT L. RUCKS BY A WARRANTY DEED RECORDED AUGUST 1,
1966 IN BOOK 149 ON PAGE 303; THENCE NORTHWESTERLY ALONG SAID
EASTERLY LINE TO A POINT ON SAID CENTER LINE WHICH IS 0.46 FEET
SOUTHWESTERLY OF THE POINT OF BEGINNING; THENCE NORTHEASTERLY
ALONG SAID CENTER LINE, 0.46 FEET TO THE POINT OF BEGINNING, IN BRISTOL
TOWNSHIP, KENDALL COUNTY, ILLINOIS)
PARCEL 4:
THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD j
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
{33300: 016: 00554363.DOC : }
COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION
AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT
BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE
CENTER LINE OF KENNEDY ROAD WHICH MAKES AN ANGLE OF 88 DEGREES 58
MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION,
MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE
SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN
INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST
DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY
PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1364.57 FEET
FOR THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG THE LAST
DESCRIBED COURSE 1348.57 FEET TO THE PENULTIMATE DESCRIBED POINT;
THENCE SOUTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 94
DEGREES 54 MINUTES 43 SECONDS WITH THE LAST ' DESCRIBED COURSE, A
DISTANCE OF 1402.38 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING
AN INTERIOR ANGLE OF 84 DEGREES 52 MINUTES 28 SECONDS WITH THE LAST
DESCRIBED COURSE (BEING A LINE DRAWN PARALLEL WITH THE CENTER LINE
OF U.S. HIGHWAY ROUTE 34) A DISTANCE OF 2301.24 FEET; THENCE '
NORTHWESTERLY ALONG A LINE DRAWN NORTH 35 DEGREES 30 MINUTES WEST
FROM A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22 WHICH IS 23.03
CHAINS WEST OF THE SOUTHEAST CORNER OF SAID SECTION 22 (SAID LINE
FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH
THE LAST DESCRIBED COURSE) A DISTANCE OF 914.67 FEET; THENCE
NORTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 92 DEGREES
15 MINUTES 44 SECONDS
WITH THE LAST DESCRIBED COURSE 877.73 FEET; THENCE NORTHWESTERLY f
ALONG A LINE FORMING AN INTERIOR ANGLE OF 263 DEGREES 11 MINUTES 34
SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 392.38 TO THE
POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY,
ILLINOIS.
PARCELS:
THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION
AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT
BOOK 10, PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE
CENTER LINE OF KENNEDY ROAD FORMING AN ANGLE OF 88 DEGREES 58
MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION,
MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE
SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN
INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST
DESCRIBED COURSE, 2630.77 FEET FOR THE POINT OF BEGINNING; THENCE
SOUTHEASTERLY ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE
1142.51 FEET TO THE CENTER LINE OF U.S. HIGHWAY ROUTE 34; THENCE
SOUTHWESTERLY ALONG SAID CENTER LINE FORMING AN INTERIOR ANGLE
WITH THE LAST DESCRIBED COURSE OF 84 DEGREES 52 MINUTES 28 SECONDS,
2336.0 FEET TO AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL
{33300: 016: 00554363.DOC : }
LOCATION OF A STONE IN THE CENTER LINE OF THE ORIGINAL BRISTOL AND
OSWEGO ROAD PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND
THENCE NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE
SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 35 DEGREES 30
MINUTES WEST ALONG A LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23
MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE 1139.93 FEET TO A
LINE DRAWN SOUTHWESTERLY PARALLEL WITH SAID CENTER LINE OF SAID
ROUTE NO. 34 FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY
ALONG SAID PARALLEL LINE FORMING AN INTERIOR ANGLE OF 86 DEGREES 36
MINUTES 53 SECONDS WITH THE LAST DESCRIBED COURSE 2301.24 FEET TO THE
POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY,
ILLINOIS.
I
i
{33300: 016: 00554363.DOC : }
EXHIBIT B
RESIDENTIAL PORTION
PARCEL 1:
THAT PART OF THE WEST HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE
ORIGINAL LOCATION OF A STONE IN THE CENTER LINE OF THE BRISTOL AND
OSWEGO ROAD, PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND
NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE SOUTHEAST
CORNER OF SAID SECTION 22; THENCE NORTH 34 DEGREES 59 MINUTES 00
SECONDS WEST, ALONG A LINE FORMING AN ANGLE OF 93 DEGREES 23 MINUTES
07 SECONDS WITH THE CENTERLINE OF U.S. ROUTE 34, MEASURED FROM
NORTHEAST TO NORTHWEST, 2,054.60 FEET FOR POINT OF BEGINNING; THENCE
SOUTH 52 DEGREES 08 MINUTES 00 SECONDS WEST, 825.40 FEET; THENCE NORTH
38 DEGREES 06 MINUTES 00 SECONDS WEST, 1,803.88 FEET TO THE CENTER LINE
OF KENNEDY ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE,
1,581.49 FEET TO A POINT WHICH IS 350.0 FEET SOUTHWESTERLY OF, AS
MEASURED ALONG SAID CENTER LINE, THE MOST EASTERLY CORNER OF
BRISTOL LAKE SUBDIVISION; THENCE SOUTH 38 DEGREES 15 MINUTES 40
SECONDS EAST, 1,639.93 FEET TO A LINE DRAWN NORTH 52 DEGREES 45 MINUTES
17 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 52 DEGREES
45 MINUTES 17 SECONDS WEST, 750.69 FEET TO THE POINT OF BEGINNING, IN
BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
PARCEL2:
THAT PART OF THE SOUTH HALF OF SECTION 15 AND THAT PART OF THE NORTH
HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION,
AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT
BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHWESTERLY ALONG THE
NORTHEASTERLY LINE OF SAID SUBDIVISION 1988.0 FEET TO THE
NORTHEASTERLY CORNER OF SAID SUBDIVISION; THENCE NORTHWESTERLY
ALONG A LINE MAKING AN ANGLE OF 180 DEGREES 13 MINUTES 25 SECONDS
MEASURED COUNTER- CLOCKWISE FROM THE LAST DESCRIBED COURSE, A
DISTANCE OF 895.02 FEET TO AN EXISTING IRON PIPE STAKE; THENCE EASTERLY
ALONG AN OLD FENCE LINE FORMING AN INTERIOR ANGLE OF 58 DEGREES 15
MINUTES 28 SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF
1298.88 FEET (19.68 CHAINS) TO AN IRON PIPE STAKE HEREWITH PLACED; THENCE
SOUTHEASTERLY ALONG AN OLD ESTABLISHED LINE OF OCCUPATION FORMING
AN INTERIOR ANGLE OF 124 DEGREES 23 MINUTES 38 SECONDS WITH THE LAST
DESCRIBED COURSE A DISTANCE OF 2185.47 FEET TO AN EXISTING IRON PIPE
STAKE ON THE CENTER LINE OF KENNEDY ROAD WHICH IS 1213.59 FEET
{33300: 016: 00554365.DOC : }
NORTHEASTERLY FROM THE POINT OF BEGINNING, AS MEASURED ALONG SAID
CENTER LINE; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE 1213.59 FEET
TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY,
ILLINOIS.
PARCEL 3:
THAT PART OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION
AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT
BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE
CENTER LINE OF KENNEDY ROAD, WHICH MAKES AN ANGLE OF 88 DEGREES 58
MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION,
MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE
SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN
INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST
DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY
PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1348.57 FEET;
THENCE NORTHWESTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 88
DEGREES 37 MINUTES 37 SECONDS WITH THE LAST DESCRIBED COURSE A
DISTANCE OF 1224.23 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF SAID
BRISTOL LAKE SUBDIVISION WHICH IS 0.46 FEET SOUTHWESTERLY FROM THE
POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY
LINE 0.46 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL,
KENDALL COUNTY, ILLINOIS (EXCEPTING THEREFROM THAT LAND CONVEYED
TO KENNETH D. DOTY, JR., IN DEED RECORDED AS DOCUMENT NUMBER R85 -5973,
DESCRIBED AS FOLLOWS:
THAT PART OF THE NORTHWEST QUARTER OF SECTION 22, TOWNSHIP 37 NORTH,
RANGE 7, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION;
THENCE NORTHEASTERLY ALONG THE CENTER LINE OF KENNEDY ROAD, 299.54
FEET; THENCE SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED
COURSE, 287.11 FEET; THENCE SOUTHWESTERLY, AT RIGHT ANGLES TO THE LAST
DESCRIBED COURSE, 306.88 FEET TO THE EASTERLY LINE OF A TRACT OF LAND
CONVEYED TO HERBERT L. RUCKS BY A WARRANTY DEED RECORDED AUGUST 1,
1966 IN BOOK 149 ON PAGE 303; THENCE NORTHWESTERLY ALONG SAID
EASTERLY LINE TO A POINT ON SAID CENTER LINE WHICH IS 0.46 FEET
SOUTHWESTERLY OF THE POINT OF BEGINNING; THENCE NORTHEASTERLY
ALONG SAID CENTER LINE, 0.46 FEET TO THE POINT OF BEGINNING, IN BRISTOL
TOWNSHIP, KENDALL COUNTY, ILLINOIS)
PARCEL 4:
THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
{33300: 016: 00554365.DOC : }
COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION
AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT
BOOK 10 AT PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE
CENTER LINE OF KENNEDY ROAD WHICH MAKES AN ANGLE OF 88 DEGREES 58
MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION,
MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE
SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN
INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST
DESCRIBED COURSE, A DISTANCE OF 1228.39 FEET; THENCE SOUTHWESTERLY
PARALLEL WITH THE AFORESAID CENTER LINE OF KENNEDY ROAD, 1364.57 FEET
FOR THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG THE LAST
DESCRIBED COURSE 1348.57 FEET TO THE PENULTIMATE DESCRIBED POINT;
THENCE SOUTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 94
DEGREES 54 MINUTES 43 SECONDS WITH THE LAST DESCRIBED COURSE, A
DISTANCE OF 1402.38 FEET; THENCE SOUTHWESTERLY ALONG A LINE FORMING
AN INTERIOR ANGLE OF 84 DEGREES 52 MINUTES 28 SECONDS WITH THE LAST
DESCRIBED COURSE (BEING A LINE DRAWN PARALLEL WITH THE CENTER LINE
OF U.S. HIGHWAY ROUTE 34) A DISTANCE OF 2301.24 FEET; THENCE
NORTHWESTERLY ALONG A LINE DRAWN NORTH 35 DEGREES 30 MINUTES WEST
FROM A POINT ON THE SOUTHERLY LINE OF SAID SECTION 22 WHICH IS 23.03
CHAINS WEST OF THE SOUTHEAST CORNER OF SAID SECTION 22 (SAID LINE
FORMING AN INTERIOR ANGLE OF 93 DEGREES 23 MINUTES 07 SECONDS WITH
THE LAST DESCRIBED COURSE) A DISTANCE OF 914.67 FEET; THENCE
NORTHEASTERLY ALONG A LINE FORMING AN INTERIOR ANGLE OF 92 DEGREES
15 MINUTES 44 SECONDS
WITH THE LAST DESCRIBED COURSE 877.73 FEET; THENCE NORTHWESTERLY
ALONG A LINE FORMING AN INTERIOR ANGLE OF 263 DEGREES 11 MINUTES 34
SECONDS WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 392.38 TO THE
POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY,
ILLINOIS.
PARCELS:
THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD
PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEASTERLY CORNER OF BRISTOL LAKE SUBDIVISION
AS PER THE PLAT THEREOF FILED FOR RECORD AS DOCUMENT 137733 IN PLAT
BOOK 10, PAGE 58 ON MAY 10, 1962; THENCE NORTHEASTERLY ALONG THE
CENTER LINE OF KENNEDY ROAD FORMING AN ANGLE OF 88 DEGREES 58
MINUTES 47 SECONDS WITH THE NORTHEASTERLY LINE OF SAID SUBDIVISION,
MEASURED CLOCKWISE THEREFROM, A DISTANCE OF 1213.59 FEET; THENCE
SOUTHERLY ALONG AN OLD EXISTING LINE OF OCCUPATION FORMING AN
INTERIOR ANGLE OF 94 DEGREES 54 MINUTES 43 SECONDS WITH THE LAST
DESCRIBED COURSE, 2630.77 FEET FOR THE POINT OF BEGINNING; THENCE
SOUTHEASTERLY ALONG THE PROLONGATION OF THE LAST DESCRIBED COURSE
1142.51 FEET TO THE CENTER LINE OF U.S. HIGHWAY ROUTE 34; THENCE
SOUTHWESTERLY ALONG SAID CENTER LINE FORMING AN INTERIOR ANGLE
WITH THE LAST DESCRIBED COURSE OF 84 DEGREES 52 MINUTES 28 SECONDS,
2336.0 FEET TO AN EXISTING IRON PIPE STAKE SAID TO BE OVER THE ORIGINAL
{33300: 016: 00554365.DOC : }
LOCATION OF A STONE IN THE CENTER LINE OF THE ORIGINAL BRISTOL AND
OSWEGO ROAD PREVIOUSLY DESCRIBED AS BEING 23.05 CHAINS WEST AND
THENCE NORTH 35 DEGREES 30 MINUTES WEST 11.02 CHAINS FROM THE
SOUTHEAST CORNER OF SAID SECTION 22; THENCE NORTH 35 DEGREES 30
MINUTES WEST ALONG A LINE FORMING AN INTERIOR ANGLE OF 93 DEGREES 23
MINUTES 07 SECONDS WITH THE LAST DESCRIBED COURSE 1139.93 FEET TO A
LINE DRAWN SOUTHWESTERLY PARALLEL WITH SAID CENTER LINE OF SAID
ROUTE NO. 34 FROM THE POINT OF BEGINNING; THENCE NORTHEASTERLY
ALONG SAID PARALLEL LINE FORMING AN INTERIOR ANGLE OF 86 DEGREES 36
MINUTES 53 SECONDS WITH THE LAST DESCRIBED COURSE 2301.24 FEET TO THE
POINT OF BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY,
ILLINOIS.
EXCEPTING THEREFROM THE FOLLOWING DESCRIBED PARCEL:
THAT PART OF THE SOUTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7,
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 27, IN BRISTOL LAKE
SUBDIVISION, ACCORDING TO THE PLAT THEREOF RECORDED AS DOCUMENT
137733 IN PLAT BOOK 10, AT PAGE 58, ON MAY 10, 1962; THENCE SOUTH 33
DEGREES 58 MINUTES 14 SECONDS EAST 33.00 FEET TO THE CENTERLINE OF
KENNEDY ROAD; THENCE NORTH 55 DEGREES 00 MINUTES 21 SECONDS EAST
299.54 FEET AS MEASURED ALONG SAID CENTERLINE; THENCE SOUTH 34
DEGREES 59 MINUTES 39 SECONDS EAST 287.11 FEET; THENCE SOUTH 55 DEGREES
00 MINUTES 21 SECONDS WEST 306.92 FEET; THENCE SOUTH 33 DEGREES 37
MINUTES 35 SECONDS EAST 1,329.42 FEET; THENCE SOUTH 47 DEGREES 27
MINUTES 46 SECONDS EAST 1,247.97 FEET TO THE POINT OF BEGINNING; THENCE
SOUTH 34 DEGREES 46 MINUTES 42 SECONDS EAST 65.00 FEET; THENCE SOUTH 27
DEGREES 32 MINUTES 48 SECONDS EAST 238.32 FEET; THENCE SOUTH 34 DEGREES
46 MINUTES 42 SECONDS EAST 588.35 FEET TO THE NORTHERLY RIGHT OF WAY OF
U.S. ROUTE 34 PER GRANT DATED APRIL 13, 1923 AND RECORDED APRIL 18, 1923 IN
BOOK 76, PAGE 82, AND BY GRANT DATED APRIL 7, 1923 AND RECORDED APRIL 18,
1923, IN DEED RECORD IN BOOK 76, PAGE 30; THENCE SOUTH 55 DEGREES 12
MINUTES 58 SECONDS WEST 997.93 FEET AS MEASURED ALONG SAID RIGHT OF
WAY LINE; THENCE NORTH 38 DEGREES 09 MINUTES 48 SECONDS WEST 891.55
FEET; THENCE NORTH 55 DEGREES 13 MINUTES 34 SECONDS EAST, 1,080.56 FEET
TO THE POINT OF BEGINNING, ALL IN KENDALL COUNTY, ILLINOIS.
A PORTION OF THE ABOVE DESCRIBED PARCELS INCLUDE PROPERTY NOW
KNOWN AS AUTUMN CREEK P.U.D. UNIT 1 AND AUTUMN CREEK P.U.D. UNIT 2 AS
LEGALLY DESCRIBED BELOW.
AUTUMN CREEK P.U.D., UNIT 1 FINAL PLAT OF SUBDIVISION BEING A
SUBDIVISION OF THE SOUTH HALF OF SECTION 15 AND THE NORTH HALF
OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7, EAST OF THE THIRD PRINCIPAL
MERIDIAN, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS
ACCORDING TO THE PLAT THEREOF RECORDED WITH THE KENDALL COUNTY
RECORDER ON JANUARY 3, 2006 AS DOCUMENT NO, 20060000144, AMENDED BY
CERTIFICATE OF CORRECTION RECORDED APRIL 3, 2006 AS DOCUMENT NO.
200600009685, AMENDED BY CERTIFICATE OF CORRECTION RECORDED JUNE 5,
{33300: 016: 00554365.DOC : }
2006, RECORDED AS DOCUMENT 200600016609 AND AMENDED BY CERTIFICATE OF
CORRECTION RECORDED FEBRUARY 6, 2007 AS DOCUMENT 200700004498.
( "AUTUMN CREEK P.U.D. UNIT 1 ")
AND
AUTUMN CREEK P.U.D., UNIT 2 FINAL PLAT OF SUBDIVISION BEING A
SUBDIVISION OF THE NORTH HALF OF SECTION 22, TOWNSHIP 37 NORTH, RANGE
7, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS ACCORDING TO THE PLAT THEREOF RECORDED
WITH THE KENDALL COUNTY RECORDER ON NOVEMBER 13, 2007 AS DOCUMENT
NO. 200700033 06 1. ( "AUTUMN CREEK P.U.D. UNIT 2 ")
EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THOSE PORTIONS
CONVEYED BY DEVELOPER TO OTHERS.
{33300: 016: 00554365.DOC : }
Sl[i1'8 1NB V( CO manor ANTS INC
� �fa RYf i �k -aolw
11 me am+ -w
PHASE 2�
3BI
P -
�
M I
I
n.ra. i rs m. moll nrst
1
I
gyp• I I 'Q �lQ
['i m
� �I ITC�II k
a
� .:_,I • fl_ � (�;, � � � �. [dt r� �>F ,� „� �„ � I.oT ,=T,�
I<.- tit W 1 I I 1 rHK MrFnfeAN[D Br MovSCW sYIFKYNC 11A
I
I
ORIENTATION MAP
V
AUTUMN CREEK SU611IVISION
A PLANNED UNIT DEVELOPMENT —�
TORKVILLE. ILLINOIS
PHAlINO PLAN //' ^��
r. awwv 40 Rr. m -lo) n r C0 -oraw�
i Seri I INP. I KM¢ mu I SEEP H0.
r i
T
I INT: ! �4R SCRU: i