Ordinance 2010-32 STATE OF ILLINOIS )
COUNTY OF KENDALL )
ISENDALL_ COUN'T'Y, II_
RECORDED: 8/9/2010 12:06 PM
ORDI: 64.00 RHSPS FEE: 10.00
PAGES: 19
Ordinance No. 2010 -
AN ORDINANCE AUTHORIZING THE EXECUTION
AN AMENDMENT TO THE ANNEXATION AGREEMENT
DATED APRIL 26, 2005, PERTAINING TO THE BRISTOL BAY SUBDIVISION
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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,
WHEREAS, said Annexation Agreement authorizes amendments by a purchaser of any portion
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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 IL,CS 5/11- 15.1 -1, as amended, for the
execution of said Amendment to the Annexation Agreement dated April 26, 2005, Pertaining to the
Bristol Bay Subdivision 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:
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Section 1. The Amendment to the Annexation Agreement dated April 26, 2005, Pertaining to the
Bristol Bay Subdivision 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 Amendment.
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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 Z
day or-�� ___, A.D. 2010.
ROBYN SUTCLIFF 1-t GEORGE T. GIL,SON, JR.
ARDEN JOE PLOCHER DIANE TEELING i
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GARY GOLINSKI * MARTY MUNNS ,
ROSE SPEARS WALLY WERDERICH
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
? J day of U �� , A.D. 2010.
` C'
Mayor
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Attest:
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Prepared By and Return To:
United City of Yorkville
800 Game Farm Rd.
Yorkville, IL 60560
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AMENDMENT TO THE ANNEXATION AGREEMENT DATED
APRIL 26, 2005, PERTAINING TO THE BRISTOL BAY SUBDIVISION
This Amendment (the "2010 Amendment ") to the Annexation Agreement dated April 26,
2005 (the "2005 Annexation Agreement "), pertaining to the Bristol Bay Subdivision is entered
into this 13, day of J W/W , 2010, by and between the United City of Yorkville, Kendall
County, Illinois, a municipal corporation and Centex Homes, a Nevada General Partnership.
PREAMBLES
WHEREAS, on April 26, 2005, the United City of Yorkville (the "City "), entered into an
Annexation Agreement as to a Portion of the Property, Amended and Restated Annexation
Agreement as to a Portion of the Property and Planned Unit Development Agreement (the
"Annexation Agreement ") with MSRET LLC, a Delaware limited liability company, LaSalle
Bank National Association under Trust Agreement dated April 1, 2005, known as Trust No.
133367, LaSalle Bank National Association under Trust Agreement dated April 1, 2005, known
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as Trust No. 133368 and LaSalle Bank National Association under Trust Agreement dated April
1, 2005, known as Trust No. 133370; Lay -Com, Inc., an Illinois corporation; JR Yorkville
L.L.C., an Illinois limited liability company and NR Yorkville, L.L.C., an Illinois limited
liability company, as tenants in common; and, John Rosenwinkel and Susan Rosenwinkel,
individually, and as co- trustees of EMR Trust No. 100 dated December 10, 2002 (hereinafter
collectively referred to as "Owners ") and Centex Homes, a Nevada general partnership
(hereinafter referred to as "Developer "); and,
WHEREAS, the Annexation Agreement addressed approximately 631 acres of property
(the "Subject Property "), and set forth all of the terms and conditions regarding the development
of the Subject Property with single - family detached residences; townhomes, two - family and
multi - family residences; a 2.3 acre agricultural area; and, a commercial district all as depicted on
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the Preliminary Plat attached to said Annexation Agreement and designated as the 'Bristol Bay
Subdivision "; and,
WHEREAS, since April 26, 2005, a portion of the Subject Property has been developed
with single - family detached, single - family attached, and multi - family residences, however, the
majority of the acreage remain undeveloped; and,
WHEREAS, the current owners of the vacant undeveloped parcels of the Subject
Property are John Rosenwinkel and Susan Rosenwinkel, individually, and as Co- Trustees of
EMR Trust No. 100, dated December 10, 2002 ( "Rosenwinkel "); Standard Development, Inc., an
Illinois corporation ( "Standard Bank "); Lay -Com, Inc., an Illinois corporation ( "Lay - Com "); and,
Centex Homes, a Nevada general partnership ( "Centex ") (collectively, the "New Owners "); and,
WHEREAS, in order to proceed with the development of those portions of the Subject
Property which contain land or improvements that are owned by Centex, all of which are
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described on Exhibit "A" attached hereto (the "Centex Property"), several amendments of
certain provisions of the Annexation Agreement as hereinafter set forth in this Agreement (the
"2010 Amendment ") are necessary to reflect the significant changes in the residential real estate
market and to permit the development to proceed thereby benefitting all of the residents of
Bristol Bay Subdivision as well as the residents of the City; and,
WHEREAS, Section 33 of the Annexation Agreement at paragraph BB provides:
"BB. Amendment. This Agreement may be amended only by the mutual consent
of the Parties, by adoption of an ordinance by the City approving said amendment
as provided by law, and by the execution of said amendment by the parties or
their successors in interest. The Parties acknowledl;e that certain future
amendments may affect only a portion of the Provertv. In such event, this
Agreement may be amended by written al?reement between the City and the leizal
owner of fee title to that portion of the Subject Propertv which is subject to and
affected by such amendment as provided by law, provided, that such amendment,
if not executed by the then owner of other portions of the Subject Property, shall
in no manner alter, amend, or modify any of the rights, duties or obliv-ations as set
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forth in this Agreement as they pertain to such other portions of the Subiect
Property." [Emphasis added.]
WHEREAS, the parties wish to enter into this Amendment in order to change and
modify certain rights and obligations of Centex under the Annexation Agreement and to agree to
certain terms and conditions relating to the future use of the Centex Property.
WHEREAS, the public hearing, as required pursuant to Section 11- 15.1 -3 of the Illinois
Municipal Code, was held on May 25, 2010, before the Mayor and City Council of the City (the
"Corporate Authorities ") after publication thereof not more than 30 nor less than 15 days prior to
May 25, 2010, in a newspaper of general circulation in the City; and,
WHEREAS, the portions of the Annexation Agreement to be amended, as hereinafter set
forth, pertain solely to that Centex Property, being that portion of the Subject Property which is
owned by Centex and which is legally described on Exhibit A, and therefore pursuant to Section
33, paragraph BB, Centex has entered into this 2010 Agreement with the City. j
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NOW, THEREFORE, in consideration of the foregoing preambles and the mutual
covenants hereinafter set forth, the receipt and sufficiency of such consideration being hereby
acknowledged, Centex and the City agree as follows:
1. The foregoing preambles are hereby adopted as if fully restated herein.
2. Amendment Regarding Reimbursable Costs Due Centex.
a. Pursuant to the Annexation Agreement, the City agreed to continue the
construction of the Rob Roy Interceptor Sewer and to complete a portion of
said Rob Roy Interceptor Sewer as deemed necessary to serve the Bristol Bay
Subdivision ( "Bristol Bay Portion of the Interceptor ") and to obtain interim
financing for the costs thereof on or before September 1, 2005, and to
complete construction of said Bristol Bay Portion of the Interceptor on or
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before February 1, 2006. The Annexation Agreement further provided that in
the event the City was unable to proceed, Centex would finance and construct
the Bristol Bay Portion of the Interceptor and receive reimbursement for the
costs incurred by Centex by means of a set -off against any and all fees due to
the City in connection with the development of the Subject Property until
Centex' costs, including a seven and one -half percent management fee,
together with interest on the amount expended by Centex at the Prime Rate of
Interest plus two percent was paid in full. In addition, Centex was to receive
by means of recapture from any parcel of a third party user benefitted by the
Bristol Bay Portion of the Interceptor, a recovery of the costs attributable to
such benefitted parcels. The Annexation Agreement provided that any of the
costs incurred by Centex in connection with the construction of the Bristol
Bay Portion of the Interceptor remaining unpaid on January 31, 2014, would
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be due and payable by the City on demand.
b. The City was unable to proceed with the construction of the Bristol Bay
Portion of the Interceptor as agreed and pursuant to the Annexation
Agreement, Centex constructed and completed this improvement.
c. As required by the foregoing provisions of the Annexation Agreement
explained in (a) above, the City approved, but did not execute, a Recapture
Agreement in March 27, 2007, providing that the total costs incurred by
Centex in connection with the construction of the Bristol Bay Portion of the
Interceptor was $2,380,293.40 of which the City paid (through the issuance
of general obligation bonds) $987,408.40 and Centex received $459,821.96
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as a set -off against future fees due to the Yorkville Bristol Sanitary District
leaving a balance due and owing to Centex of $933,063.04 with interest since
March of 2007.
d. As a part of the Rob Roy Interceptor Term Sheet Agreement, Centex was
required to prepay 300 sewer tap -on fees each year until 2012 in order to
assist the City to pay the debt service on its general obligation bonds to fund
the Rob Roy Interceptor which results in a total of prepayment of $1,154,000
which shall not benefit Centex unless and until that portion of the Subject
Property south of Galena Road is developed with 498 new residences; an
unlikely event in the foreseeable future.
e. At the request of the City, Centex further advanced $325,000 for that portion
of the costs incurred by Centex in connection with the engineering and
construction of a part of the Raymond Regional Stormwater Management
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Facility which also benefitted parcels of property not to be developed by
Centex.
f. Pursuant to Paragraph 10 of the Annexation Agreement, the Developer
agreed to engage a wetlands consultant to work with all interested parties in
the design of the portion of the Subject Property which are wetlands and pay
all costs and expenses in connection therewith on the condition that the City
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reimburse the Developer with interest at the Prime Rate plus two percent
from the day of expenditure until paid in full. The Annexation Agreement
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further provided that any amounts remaining unpaid on January 31, 2010,
shall be due and payable by the City on demand. The additional costs 1
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incurred by the Developer in connection with the wetlands consultant was
$110,000 with interest since 2005.
g. The right of Centex to receive a total of payments for the expenses listed
above is $2,412,063 to which interest as provided should be added, all of
which (including any interest thereon) is to be recovered from the owners any
of the Subject Property located South of Galena Road shall be assigned by
Centex to the City and shall be accepted by the City whether the claim is
enforceable against the City or any other owner of the Subject Property;
provided, however, that if the existing suit brought by Lay -Com, Inc. ("Lay -
Com") as Case No. 07LO81 against Centex and the City is settled prior to the
time a final, non - appealable judgment is entered by the Court thereon, Centex
shall waive its rights to receive such payments from any or all of the Subject
Property South of Galena Road, in which event, there shall be no assignment
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to the City.
h. Notwithstanding any provision of this 2010 Amendment, Centex agrees to
continue to pay no less than 150 sewer tap on fees every six months for a
total of 300 annually through and including the calendar year 2012.
3. Park Land -Cash Fees. Centex has paid the $50,000 parks -land cash fees due
under the agreement for lot 1681 (near clubhouse) and lot 1695 (regional park).
The $50,000 parks -land cash fee for lot 1685 (fire station) will be due prior to
recording of final plat for Unit 13 as contemplated in the original amended
annexation agreement. Two $50,000 parks -land cash fees will remain for the two
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parks contemplated south of Galena Road and will be due prior to the recording of
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this Amendment; and Centex shall not be entitled to any reimbursement of said
sum from any person or entity who develops said area south of Galena Road.
4. Agreement on Intersection Improvements. Pursuant to the approved Final Plat,
for the Bristol Bay Subdivision, and the regulations and policies of the Illinois
' Department of Transportation, Centex agreed to construct intersection
improvements as approved by the City Engineer and in accordance with the
intersection design studies at the intersection of Galena Road, the intersection of
Bristol Bay Drive and at Route 30, which obligations are hereby waived by the
City and any obligations to IDOT or any other agency to construct such
improvements are hereby assumed by the City, including utility relocation, right
of way or easement acquisition (except for right of way or easement over land
owned by Centex, which shall be conveyed or easements granted by Centex when
needed) and permitting, as the City shall undertake such intersection
improvements as a part of the City's extensive roadway construction project to
widen Route 47 when and as under taken by the City. Centex hereby assigns to
the city at no cost to the City, all plans and engineering for such improvements
which have heretofore been prepared for Centex and have been paid for by
Centex. City shall complete the improvement of the intersection of Route 47 and
Bristol Bay Drive when the City undertakes the widening of Route 47.
5. Centex agrees, notwithstanding any provision in any agreement between the
parties, to complete Bristol Bay Drive to the IDOT right of way to Route 47 and
upon acceptance by the City, the City shall return any bond held by the City as
security for said roadway.
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6. Agreement Regarding Post of Certain Letters of Credit. Pursuant to Paragraph
21(c) of the Annexation Agreement, Centex requires the City to issue a temporary
occupancy permit 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 Centex for the completion of such items on the condition that
Centex deposit with the City a cash bond in the amount of $25,000 as security
required in connection with said temporary occupancy permits for the Subject
Property, which cash bond shall be replenished in order to maintain no less than
$25,000 on deposit with the City until the final certificate of occupancy for the
Subject Property has been issued. At such time as said cash bond is delivered by
Centex, existing cash bonds and /or letters of credit previously delivered by
Centex for any uncompleted items shall be returned to Centex.
7. Agreement to Consider Replacement of Condominiums with Townhomes or
Single- Family Detached Homes.
a. Centex desires to have the ability to replace any or all of the remaining
condominium units with townhomes or single - family detached homes and
shall provide to the City a fiscal impact analysis demonstrating no negative
impact or current home owners association assessments or special service
area payments.
b. The City agrees to and act in good faith and act in a reasonable manner upon
any submittal of preliminary plan for the replacement of condominium
buildings with townhomes and /or single - family detached homes under the
normal plan review process in accordance with the Developer's request in
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paragraph 6a above. Nothing contained within this paragraph shall be
construed as an approval of a land -use plan or related documents. All land-
use plan amendments shall be considered an amendment to the annexation
agreement and shall be processed as such.
8. Extension of Building Code Requirements and Development Fees.
a. Pursuant to Paragraph 14 of the Annexation Agreement, the building and
related codes in effect as of the date of said Annexation Agreement were to
be applied for a period of eight (8) years or until April 25,2013.
b. Paragraph 14 of the Annexation Agreement is hereby amended by extending
the building and related codes in affect as of the date of said Annexation
Agreement for an additional five (5) years or until April 25,2018.
c. By extending the 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 Centex Property during such
period.
d. Paragraph 15 of the Annexation Agreement is hereby amended by extending
the date to April 25, 2018, of all fees in effect as of the date of the
Annexation Agreement except for those costs incurred by the City for water
meters.
9. Confirmation of all Terms of the Annexation Agreement Consistent with this
Amendment.
a. The parties hereby agree that all rights of Developer under the Recapture
Agreement between the parties hereto and approved by the City Council
March 27, 2007, as to any of the Subject Property located south of Galena
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Road shall be assigned by Developer to the City and shall be accepted by the
City provided, however, if the existing suit brought by Lay -Com, Case No.
07LO81 against Centex and the City is settled prior to the time a final, non -
appealable judgment is entered by the Court thereon, Centex shall waive its
rights to receive such payments from any or all of the Subject Property south
of Galena Road, there shall be no such assignment is hereby declared null
and void.
b. The parties hereto agree that all terms as hereinabove stated are not
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inconsistent with the terms of the Annexation Agreement.
IN WITNESS WHEREOF, the parties hereto have caused this 2010 Amendment to the
Annexation Agreement dated April 26, 2005, pertaining to the Bristol Bay Subdivision to
be executed by their duly authorized officers on the above date at Yorkville, Illinois.
United City of Yorkville, an Illinois municipal
Corporation
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By: &&C42
Mayor
Attest:
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Centex Homes, a Nevada eneral Partnership
�/� President of Lq„�
Attest: n p Q
Secre r
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EXHIBIT "A"
Bristol Bav
UNIT 1
BRISTOL BAY UNIT 1, A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 4,
TOWNSHIP 37 NORTH, RANGE 7 EAST AND PART OF THE NORTHEAST QUARTER OF
SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST IN THE UNITED CITY OF
YORKVILLE, BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, ACCORDING TO
THE PLAT THEREOF RECORDED WITH THE KENDALL COUNTY RECORDER ON
DECEMBER 21, 2005 AS DOCUMENT NO. 200500039532.
UNIT 2
BRISTOL BAY UNIT 2, A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 4,
TOWNSHIP 37 NORTH, RANGE 7 EAST IN THE UNITED CITY OF YORKVILLE,
BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT
THEREOF RECORDED WITH THE KENDALL COUNTY RECORDER ON DECEMBER 21,
2005 AS DOCUMENT NO. 200500039533.
UNIT 3
BRISTOL BAY UNIT 3, A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 4,
TOWNSHIP 37 NORTH, RANGE 7 EAST IN THE UNITED CITY OF YORKVILLE,
BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT
THEREOF RECORDED WITH THE KENDALL COUNTY RECORDER ON DECEMBER 21,
2005 AS DOCUMENT NO. 200500039534.
UNIT 4
BRISTOL BAY UNIT 4, A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 4,
TOWNSHIP 37 NORTH, RANGE 7 EAST IN THE UNITED CITY OF YORKVILLE,
BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT
THEREOF RECORDED WITH THE KENDALL COUNTY RECORDER ON DECEMBER 21,
2005 AS DOCUMENT NO, 200500039535.
UNIT 5
BRISTOL BAY UNIT 5, A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 4,
TOWNSHIP 37 NORTH, RANGE 7 EAST IN THE UNITED CITY OF YORKVILLE,
BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT
THEREOF RECORDED WITH THE KENDALL COUNTY RECORDER ON DECEMBER 21,
2005 AS DOCUMENT NO. 200500039536.
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UNIT 6
BRISTOL BAY UNIT 6, A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 4,
TOWNSHIP 37 NORTH, RANGE 7 EAST IN THE UNITED CITY OF YORKVILLE,
BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT
THEREOF RECORDED WITH THE KENDALL COUNTY RECORDER ON DECEMBER 21,
2005 AS DOCUMENT NO. 200500039537.
UNIT 7
BRISTOL BAY UNIT 7, A SUBDIVISION OF PART OF THE SOUTH HALF OF SECTION 4,
TOWNSHIP 37 NORTH, RANGE 7 EAST IN THE UNITED CITY OF YORKVILLE,
BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS, ACCORDING TO THE PLAT j
THEREOF RECORDED WITH THE KENDALL COUNTY RECORDER ON DECEMBER 21,
2005 AS DOCUMENT NO. 200500039538.
UNIT 9 (EAST CONDO AREA)
THAT PART OF THE NORTH HALF OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SAID SECTION 4; THENCE NORTH 00 DEGREES 09 MINUTES 15 SECONDS WEST,
ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 11.11 FEET FOR THE
POINT OF BEGINNING; THENCE NORTH 88 DEGREES 47 MINUTES 59 SECONDS
WEST, 190.77 FEET; THENCE NORTH 01 DEGREES 12 MINUTES 01 SECONDS EAST,
25.89 FEET; THENCE NORTH 09 DEGREES 52 MINUTES 46 SECONDS WEST 5.00
FEET; THENCE NORTH 20 DEGREES 45 MINUTES 06 SECONDS WEST, 15.91 FEET;
THENCE NORTH 01 DEGREES 12 MINUTES 01 SECONDS EAST, 119.00 FEET; THENCE
NORTH 12 DEGREES 28 MINUTES 05 SECONDS WEST, 20.28 FEET; THENCE NORTH
84 DEGREES 13 MINUTES 39 SECONDS WEST, 5.05 FEET; THENCE NORTH 45
DEGREES 15 MINUTES 13 SECONDS WEST, 4.13 FEET; THENCE NORTH 00 DEGREES
47 MINUTES 14 SECONDS EAST, 5.00 FEET; THENCE NORTH 25 DEGREES 26
MINUTES 26 SECONDS WEST, 22.38 FEET; THENCE NORTH 07 DEGREES 32
MINUTES 50 SECONDS WEST, 63.15 FEET; THENCE NORTH 01 DEGREES 12
MINUTES 01 SECONDS EAST, 325.56 FEET TO THE SOUTHERLY LINE OF BRISTOL
BAY P.U.D. UNIT 1, PER DOCUMENT NO. 05- 39532; THENCE SOUTH 88 DEGREES 47
MINUTES 59 SECONDS EAST, ALONG SAID SOUTHERLY LINE, 84.70 FEET TO A
BEND IN SAID LINE; THENCE NORTH 01 DEGREES 12 MINUTES 01 SECONDS EAST,
ALONG SAID LINE, 74.73 FEET TO A BEND IN SAID LINE; THENCE SOUTH 88
DEGREES 47 MINUTES 59 SECONDS EAST, ALONG SAID LINE, 233.67 FEET TO A
BEND IN SAID LINE; THENCE SOUTH 01 DEGREES 12 MINUTES 01 SECONDS WEST,
ALONG SAID LINE, 94.97 FEET TO A BEND IN SAID LINE; THENCE SOUTH 88
DEGREES 47 MINUTES 59 SECONDS EAST, ALONG SAID LINE, 201.36 FEET TO THE
WESTERLY RIGHT OF WAY LINE OF ROSENWINKEL STREET; THENCE
SOUTHEASTERLY ALONG SAID WESTERLY RIGHT OF WAY LINE, ALONG A CURVE
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TO THE LEFT WITH A RADIUS OF 1190.00 FEET AND A CHORD BEARING OF SOUTH
10 DEGREES 21 MINUTES 43 SECONDS EAST, AN ARC LENGTH OF 475.78 FEET;
THENCE SOUTH 21 DEGREES 48 MINUTES 57 SECONDS EAST, ALONG SAID
WESTERLY RIGHT OF WAY LINE, 127.36 FEET; THENCE NORTH 88 DEGREES 47
MINUTES 59 SECONDS WEST, 434.08 FEET TO THE POINT OF BEGINNING, IN THE
UNITED CITY OF YORKVILLE, KENDALL COUNTY, ILLINOIS.
UNIT 10 (EAST TOWNHOME AREA)
THAT PART OF THE SOUTH HALF OF SECTION 4, AND PART OF THE NORTH HALF
OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE NORTH 00
DEGREES 09 MINUTES 15 SECONDS WEST, ALONG THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 9, 11.11 FEET FOR THE POINT OF
BEGINNING; THENCE SOUTH 88 DEGREES 47 MINUTES 59 SECONDS EAST, 434.08
FEET TO THE WESTERLY RIGHT OF WAY LINE OF ROSENWINKEL STREET;
THENCE SOUTH 21 DEGREES 48 MINUTES 57 SECONDS EAST, ALONG SAID
WESTERLY RIGHT OF WAY LINE, 428.69 FEET; THENCE SOUTHERLY ALONG SAID
WESTERLY RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE RIGHT WITH A
RADIUS OF 600.00 FEET AND A CHORD BEARING OF SOUTH 03 DEGREES 35
MINUTES 08 SECONDS EAST, AN ARC LENGTH OF 381.81 FEET; THENCE SOUTH 14
DEGREES 38 MINUTES 41 SECONDS WEST, ALONG SAID WESTERLY RIGHT OF
WAY LINE, 143.50 FEET; THENCE SOUTHWESTERLY ALONG SAID WESTERLY
RIGHT OF WAY LINE, BEING ALONG A CURVE TO THE RIGHT WITH A RADIUS OF
25.00 FEET AND A CHORD BEARING OF SOUTH 59 DEGREES 42 MINUTES 31
SECONDS WEST, AN ARC LENGTH OF 39.33 FEET; THENCE SOUTH 14 DEGREES 38
MINUTES 41 SECONDS EAST, ALONG SAID WESTERLY RIGHT OF WAY LINE, 20.00
FEET TO THE NORTHERLY RIGHT OF WAY LINE OF GALENA ROAD AS RECORDED
JUNE 5, 1964 AS DOCUMENT NO. 145193; THENCE NORTH 75 DEGREES 13 MINUTES
39 SECONDS WEST, ALONG SAID NORTHERLY RIGHT OF WAY LINE, 563.06 FEET
TO THE WEST LINE OF THE NORTHEAST QUARTER OF SAID SECTION 9; THENCE
NORTH 00 DEGREES 01 MINUTES 41 SECONDS WEST, ALONG THE WEST LINE OF
SAID NORTHEAST QUARTER, 330.99 FEET; THENCE SOUTH 89 DEGREES 58
MINUTES 19 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED COURSE,
289.45 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 51 SECONDS EAST, 105.97
FEET; THENCE NORTH 89 DEGREES 49 MINUTES 09 SECONDS WEST,
PERPENDICULAR TO THE LAST DESCRIBED COURSE, 18.79 FEET; THENCE NORTH
00 DEGREES 10 MINUTES 51 SECONDS EAST, PERPENDICULAR TO THE LAST
DESCRIBED COURSE, 24.97 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO
THE LEFT WITH A RADIUS OF 30.00 FEET AND A CHORD BEARING OF NORTH 45
DEGREES 23 MINUTES 45 SECONDS EAST, AN ARC LENGTH OF 46.90 FEET;
THENCE NORTH 00 DEGREES 36 MINUTES 39 SECONDS EAST, 21.45 FEET; THENCE
NORTHERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 188.00 FEET AND
A CHORD BEARING OF NORTH 05 DEGREES 04 MINUTES 59 SECONDS EAST, AN
ARC LENGTH OF 29.35 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE
LEFT WITH A RADIUS OF 5.00 FEET AND A CHORD BEARING OF NORTH 34
DEGREES 51 MINUTES 17 SECONDS WEST, AN ARC LENGTH OF 7.75 FEET; THENCE
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NORTH 79 DEGREES 15 MINUTES 53 SECONDS WEST, 15.22 FEET; THENCE
NORTHEASTERLY ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 208.00 FEET
AND A CHORD BEARING OF NORTH 16 DEGREES 13 MINUTES 46 SECONDS EAST,
AN ARC LENGTH OF 39.89 FEET; THENCE SOUTH 68 DEGREES 16 MINUTES 35
EAST, 15.47 FEET; THENCE EASTERLY ALONG A CURVE TO THE LEFT WITH A
RADIUS OF 5.00 FEET AND A CHORD BEARING OF NORTH 67 DEGREES 36 MINUTES
36 SECONDS EAST, AN ARC LENGTH OF 7.70 FEET; THENCE NORTHEASTERLY
ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 188.00 FEET AND A CHORD
BEARING OF NORTH 26 DEGREES 17 MINUTES 45 SECONDS EAST, AN ARC LENGTH
OF 18.37 FEET; THENCE NORTHERLY ALONG A CURVE TO THE LEFT WITH A
RADIUS OF 3 0. 00 FEET AND A CHORD BEARING OF NORTH 10 DEGREES 13
MINUTES 01 SECONDS WEST, AN ARC LENGTH OF 41.17 FEET; THENCE NORTH 40
DEGREES 28 MINUTES 16 SECONDS EAST, 26.00 FEET; THENCE SOUTHEASTERLY
ALONG A CURVE TO THE LEFT WITH A RADIUS OF 30.00 FEET AND A CHORD
BEARING OF SOUTH 66 DEGREES 01 MINUTES 42 SECONDS EAST, AN ARC LENGTH
OF 17.28 FEET; THENCE NORTH 01 DEGREES 12 MINUTES 01 SECONDS EAST, 166.29
FEET; THENCE SOUTH 88 DEGREES 47 MINUTES 59 SECONDS EAST, 224.40 FEET TO
THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL
COUNTY, ILLINOIS.
UNIT 11 (WEST CONDO AREA)
THAT PART OF THE NORTH HALF OF SECTION 4, TOWNSHIP 37 NORTH, RANGE 7
EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF
SAID SECTION 4; THENCE NORTH 00 DEGREES 09 MINUTES 15 SECONDS WEST, j
ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 11.11 FEET; THENCE
NORTH 88 DEGREES 47 MINUTES 59 SECONDS WEST, 190.77 FEET FOR THE POINT
OF BEGINNING; THENCE NORTH 01 DEGREES 12 MINUTES 01 SECONDS EAST, 25.89
FEET; THENCE NORTH 09 DEGREES 52 MINUTES 46 SECONDS WEST, 5.00 FEET;
THENCE NORTH 20 DEGREES 45 MINUTES 06 SECONDS WEST, 15.91 FEET; THENCE
NORTH 01 DEGREES 12 MINUTES 01 SECONDS EAST, 119.00 FEET; THENCE NORTH
12 DEGREES 28 MINUTES 05 SECONDS WEST, 20.28 FEET; THENCE NORTH 84
DEGREES 13 MINUTES 39 SECONDS WEST, 5.05 FEET; THENCE NORTH 45 DEGREES
15 MINUTES 13 SECONDS WEST, 4.13 FEET; THENCE NORTH 00 DEGREES 47
MINUTES 14 SECONDS EAST, 5.00 FEET; THENCE NORTH 25 DEGREES 26 MINUTES
26 SECONDS WEST, 22.38 FEET; THENCE NORTH 07 DEGREES 32 MINUTES 50
SECONDS WEST, 63.15 FEET; THENCE NORTH 01 DEGREES 12 MINUTES 01 `
SECONDS EAST, 325.56 FEET TO THE SOUTHERLY LINE OF BRISTOL BAY P.U.D.
UNIT 1, PER DOCUMENT NO. 05- 39532; THENCE NORTH 88 DEGREES 47 MINUTES
59 SECONDS WEST, ALONG SAID SOUTHERLY LINE, 516.97 FEET TO A BEND IN
SAID LINE; THENCE NORTH 01 DEGREES 12 MINUTES 01 SECONDS EAST, ALONG
SAID LINE, 67.12 FEET TO A BEND IN SAID LINE; THENCE NORTH 88 DEGREES 47
MINUTES 59 SECONDS WEST, ALONG SAID LINE, 587.21 FEET TO THE SOUTHWEST
CORNER OF SAID BRISTOL BAY P.U.D. UNIT 1; THENCE SOUTH 00 DEGREES 59
MINUTES 56 SECONDS EAST, ALONG THE SOUTHERLY EXTENSION OF THE WEST
LINE OF SAID BRISTOL BAY P.U.D. UNIT 1, 402.69 FEET; THENCE NORTH 89
DEGREES 00 MINUTES 40 SECONDS EAST, 331.94 FEET; THENCE SOUTH 19
{33300: 011:00554338.DOC: }
DEGREES 50 MINUTES 05 SECONDS EAST, 297.73 FEET TO A POINT THAT IS NORTH
88 DEGREES 47 MINUTES 59 SECONDS WEST, 689.57 FEET FROM THE POINT OF
BEGINNING; THENCE SOUTH 89 DEGREES 47 MINUTES 59 SECONDS EAST, 689.57
FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE,
KENDALL COUNTY, ILLINOIS.
UNIT 12 (WEST TOWNHOME AREA)
THAT PART OF THE SOUTH HALF OF SECTION 4, AND PART OF THE NORTH HALF
OF SECTION 9, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST
CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE NORTH 00
DEGREES 09 MINUTES 15 SECONDS WEST, ALONG THE WEST LINE OF THE
SOUTHWEST QUARTER OF SAID SECTION 9, 11.11 FEET; THENCE NORTH 88
DEGREES 47 MINUTES 59 SECONDS WEST, 224.40 FEET FOR THE POINT OF
BEGINNING; THENCE CONTINUING NORTH 88 DEGREES 47 MINUTES 59 SECONDS
WEST, 655.94 FEET; THENCE SOUTH 19 DEGREES 50 MINUTES 05 SECONDS EAST,
533.68 FEET; THENCE NORTH 89 DEGREES 58 MINUTES 19 SECONDS EAST, 409.88
FEET; THENCE NORTH 00 DEGREES 10 MINUTES 51 SECONDS EAST, 105.97 FEET;
THENCE NORTH 89 DEGREES 49 MINUTES 09 SECONDS WEST, PERPENDICULAR TO
THE LAST DESCRIBED COURSE, 18.79 FEET; THENCE NORTH 00 DEGREES 10
MINUTES 51 SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED COURSE,
24.97 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE LEFT WITH A
RADIUS OF 30.00 FEET AND A CHORD BEARING OF NORTH 45 DEGREES 23
MINUTES 45 SECONDS EAST, AN ARC LENGTH OF 46.90 FEET; THENCE NORTH 00
DEGREES 36 MINUTES 39 SECONDS EAST, 21.45 FEET; THENCE NORTHERLY
ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 188.00 FEET AND A CHORD
BEARING OF NORTH 05 DEGREES 04 MINUTES 59 SECONDS EAST, AN ARC LENGTH
OF 29.35 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT WITH A
RADIUS OF 5.00 FEET AND A CHORD BEARING OF NORTH 34 DEGREES 51 MINUTES
17 SECONDS WEST, AN ARC LENGTH OF 7.75 FEET; THENCE NORTH 79 DEGREES
15 MINUTES 53 SECONDS WEST, 15.22 FEET; THENCE NORTHEASTERLY ALONG A
CURVE TO THE RIGHT WITH A RADIUS OF 208.00 FEET AND A CHORD BEARING OF
NORTH 16 DEGREES 13 MINUTES 46 SECONDS EAST, AN ARC LENGTH OF 39.89
FEET; THENCE SOUTH 68 DEGREES 16 MINUTES 35 EAST, 15.47 FEET; THENCE
EASTERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 5.00 FEET AND A
CHORD BEARING OF NORTH 67 DEGREES 36 MINUTES 36 SECONDS EAST, AN ARC
LENGTH OF 7.70 FEET; THENCE NORTHEASTERLY ALONG A CURVE TO THE
RIGHT WITH A RADIUS OF 188.00 FEET AND A CHORD BEARING OF NORTH 26
DEGREES 17 MINUTES 45 SECONDS EAST, AN ARC LENGTH OF 18.37 FEET;
THENCE NORTHERLY ALONG A CURVE TO THE LEFT WITH A RADIUS OF 30.00
FEET AND A CHORD BEARING OF NORTH 10 DEGREES 13 MINUTES 01 SECONDS
WEST, AN ARC LENGTH OF 41.17 FEET; THENCE NORTH 40 DEGREES 28 MINUTES
16 SECONDS EAST, 26.00 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO
THE LEFT WITH A RADIUS OF 30.00 FEET AND A CHORD BEARING OF SOUTH 66
DEGREES 01 MINUTES 42 SECONDS EAST, AN ARC LENGTH OF 17.28 FEET;
THENCE NORTH 01 DEGREES 12 MINUTES 01 SECONDS EAST, 166.29 FEET TO THE
POINT OF BEGINNING, IN THE UNITED CITY OF YORKVILLE, KENDALL COUNTY,
{33300: 011: 00554338.DOC : }
ILLINOIS.
UNIT 13
l '
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 4, AND PART OF THE
NORTHEAST QUARTER OF SECTION 9 TOWNSHIP 37 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 4;
THENCE NORTH 89 DEGREES 04 MINUTES 34 SECONDS EAST, ALONG THE SOUTH
LINE OF SAID SOUTHEAST QUARTER, 517.66 FEET TO A POINT ON THE EASTERLY
RIGHT OF WAY LINE OF ROSENWINKEL STREET; THENCE SOUTH 21 DEGREES 48
MINUTES 57 SECONDS EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE, 231.82
FEET FOR THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 21 DEGREES
48 MINUTES 57 SECONDS EAST, ALONG SAID EASTERLY RIGHT OF WAY LINE,
171.66 FEET; THENCE SOUTHERLY ALONG SAID EASTERLY RIGHT OF WAY LINE,
BEING ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 680.00 FEET AND A
CHORD BEARING OF SOUTH 09 DEGREES 31 MINUTES 23 SECONDS EAST, AN ARC
LENGTH OF 291.78 FEET TO THE NORTHWEST CORNER OF LOT 1685 OF BRISTOL i
BAY P.U.D. UNIT 1, PER DOCUMENT NO. 05- 39532; THENCE NORTH 87 DEGREES 42
MINUTES 08 SECONDS EAST, ALONG THE NORTH LINE OF SAID LOT 1685, 115.27
FEET TO A BEND IN SAID NORTH LINE; THENCE SOUTH 75 DEGREES 29 MINUTES
39 SECONDS EAST, ALONG SAID NORTH LINE, 208.25 FEET TO THE NORTHEAST
CORNER OF SAID LOT 1685; THENCE NORTH 14 DEGREES 46 MINUTES 21
SECONDS EAST, 539.21 FEET; THENCE SOUTH 75 DEGREES 13 MINUTES 39
SECONDS EAST, PARALLEL WITH THE NORTHERLY RIGHT OF WAY LINE OF
GALENA ROAD, 670.00 FEET; THENCE NORTH 14 DEGREES 46 MINUTES 21
SECONDS EAST, PERPENDICULAR TO THE LAST DESCRIBED COURSE, 133.15 FEET;
THENCE NORTHEASTERLY ALONG A NONTANGENTIAL CURVE TO THE LEFT
WITH A RADIUS OF 66.00 FEET AND A CHORD BEARING OF NORTH 26 DEGREES 02
MINUTES 38 SECONDS EAST, AN ARC LENGTH OF 140.44 FEET; THENCE NORTH 14
DEGREES 46 MINUTES 21 SECONDS EAST, 145.67 FEET; THENCE NORTH 75
DEGREES 13 MINUTES 39 SECONDS WEST, PERPENDICULAR TO THE LAST
DESCRIBED COURSE, 70.00 FEET; THENCE NORTH 02 DEGREES 56 MINUTES 50
SECONDS WEST, 79.37 FEET; THENCE NORTH 09 DEGREES 46 MINUTES 58
SECONDS EAST, 77.05 FEET; THENCE NORTH 05 DEGREES 56 MINUTES 12
SECONDS EAST, 77.05 FEET; THENCE NORTH 02 DEGREES 05 MINUTES 26
SECONDS EAST, 77.05 FEET; THENCE NORTH 01 DEGREES 45 MINUTES 20
SECONDS WEST, 77.05 FEET; THENCE NORTH 05 DEGREES 36 MINUTES 06
SECONDS WEST, 77.05 FEET; THENCE NORTH 09 DEGREES 26 MINUTES 52
SECONDS WEST, 77.05 FEET; THENCE NORTH 13 DEGREES 17 MINUTES 38
SECONDS WEST, 77.05 FEET TO THE SOUTHEAST CORNER OF LOT 1041 OF
BRISTOL BAY P.U.D. UNIT 7, ACCORDING TO THE PLAT THEREOF RECORDED
DECEMBER 21, 2005, AS DOCUMENT NUMBER 05- 39538; THENCE SOUTH 74
DEGREES 46 MINUTES 59 SECONDS WEST, 135.00 FEET; THENCE SOUTH 64
DEGREES 37 MINUTES 29 SECONDS WEST, 93.85 FEET; THENCE SOUTH 73
DEGREES 45 MINUTES 42 SECONDS WEST, 36.17 FEET; THENCE SOUTHWESTERLY
ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 1028.00 FEET AND A CHORD
BEARING OF SOUTH 75 DEGREES 41 MINUTES 46 SECONDS WEST, AN ARC
I
{33300: Oil: 00554338.DOC : }
LENGTH OF 69.41 FEET; THENCE SOUTH 12 DEGREES 22 MINUTES 10 SECONDS
EAST, 83.52 FEET; THENCE SOUTH 05 DEGREES 51 MINUTES 10 SECONDS EAST,
67.52 FEET; THENCE SOUTH 01 DEGREES 06 MINUTES 59 SECONDS EAST, 67.52
FEET; THENCE SOUTH 03 DEGREES 37 MINUTES 13 SECONDS WEST, 67.52 FEET;
THENCE SOUTH 08 DEGREES 21 MINUTES 24 SECONDS WEST, 67.52 FEET; THENCE
SOUTH 26 DEGREES 14 MINUTES 21 SECONDS WEST, 140.66 FEET; THENCE NORTH
75 DEGREES 13 MINUTES 39 SECONDS WEST, 140.00 FEET; THENCE NORTH 74
DEGREES 29 MINUTES 33 SECONDS WEST, 67.35 FEET; THENCE NORTH 62
DEGREES 11 MINUTES 15 SECONDS WEST, 61.67 FEET; THENCE NORTH 46
DEGREES 13 MINUTES 13 SECONDS WEST 61.67 FEET; THENCE NORTH 30
DEGREES 15 MINUTES 12 SECONDS WEST, 61.67 FEET; THENCE NORTH 21
DEGREES 49 MINUTES 17 SECONDS WEST, 61.26 FEET; THENCE NORTH 00
DEGREES 08 MINUTES 26 SECONDS WEST, 87.01 FEET; THENCE SOUTH 89
DEGREES 51 MINUTES 34 SECONDS WEST, 159.96 FEET; THENCE SOUTH 88
DEGREES 43 MINUTES 57 SECONDS WEST, 66.00 FEET; THENCE NORTHERLY
ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 278.00 FEET AND A CHORD
BEARING OF NORTH 00 DEGREES 42 MINUTES 15 SECONDS WEST, AN ARC
LENGTH OF 5.47 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 26 SECONDS
WEST, 100.83 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT
WITH A RADIUS OF 25.00 FEET AND A CHORD BEARING OF NORTH 45 DEGREES 08
MINUTES 26 SECONDS WEST, AN ARC LENGTH OF 39.27 FEET; THENCE SOUTH 89
DEGREES 51 MINUTES 34 SECONDS WEST, 244.84 FEET; THENCE SOUTHWESTERLY
ALONG A CURVE TO THE LEFT WITH A RADIUS OF 25.00 FEET AND A CHORD
BEARING OF SOUTH 42 DEGREES 55 MINUTES 25 SECONDS WEST, AN ARC
LENGTH OF 40.96 FEET; THENCE SOUTH 04 DEGREES 37 MINUTES 14 SECONDS
EAST, 18.78 FEET; THENCE SOUTH 84 DEGREES 46 MINUTES 15 SECONDS WEST,
197.00 FEET; THENCE SOUTH 07 DEGREES 16 MINUTES 34 SECONDS EAST, 77.21
FEET; THENCE SOUTH 11 DEGREES 45 MINUTES 02 SECONDS EAST, 91.58 FEET;
THENCE SOUTH 16 DEGREES 22 MINUTES 16 SECONDS EAST, 82.73 FEET; THENCE
SOUTH 21 DEGREES 17 MINUTES 25 SECONDS EAST, 80.72 FEET; THENCE SOUTH
21 DEGREES 48 MINUTES 57 SECONDS EAST, 390.00 FEET; THENCE SOUTH 68
DEGREES 11 MINUTES 03 SECONDS WEST, 5.00 FEET; THENCE NORTHWESTERLY
ALONG A CURVE TO THE RIGHT WITH A RADIUS OF 25.00 FEET AND A CHORD
BEARING OF NORTH 66 DEGREES 48 MINUTES 57 SECONDS WEST, AN ARC
LENGTH OF 39.27 FEET TO THE POINT OF BEGINNING, IN THE UNITED CITY OF
YORKVILLE, KENDALL COUNTY, ILLINOIS.
EXCEPTING FROM THE ABOVE DESCRIBED PROPERTY THOSE PORTIONS THAT
HAVE BEEN CONVEYED BY CENTEX TO OTHERS.
{33300: 011: 00554338.DOC : }