Resolution 2011-29 STATE OF ILLINOIS )
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COUNTY OF KENDALL ) D E 0 E9 I E
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Resolution J
Resolution No. 2011-
A RESOLUTION OF THE UNITED CITY OF YORKVILLE,KENDALL COUNTY, ILLINOIS,
ACKNOWLEDGING SATISFACTION OF DEVELOPMENT AGREEMENT
WHEREAS, the United City of Yorkville (the "City") is a duly organized and validly
existing non home-rule municipality created in accordance with the Constitution of the State of
Illinois of 1970 and the laws of the State; and,
WHEREAS, the City has heretofore entered into that certain Development Agreement
dated effective as of September 10, 2002 by and between the City and Brisben Reserve at Fox
River Limited Partnership, an Ohio limited partnership, which Development Agreement was
filed for record as a "Recording of Development Agreement Between City of Yorkville and
Brisben Development, Inc." in the Office of the County Recorder of Kendall County, Illinois on
October 4, 2002 as document number 200200025544 (the "Development Agreement"); and,
WHEREAS, the Development Agreement imposed certain covenants, conditions, and
restrictions on the owner of the real property legally described in Exhibit A hereto (the
"Apartment Parcel"), concerning the development of a multifamily residential project on the
Apartment Parcel; and,
WHEREAS, in connection with the sale of the Apartment Parcel, the purchaser has
requested this Resolution be made acknowledging that all covenants, conditions, and restrictions
contained in the Development Agreement have heretofore been performed and accordingly are
satisfied; and,
WHEREAS, pursuant to Article IV(A) of the Development Agreement, the City has
previously acknowledged and agreed that all requirements of that certain Consent Order issued
by the Sixteenth Judicial Circuit for Kendall County, Illinois on April 7, 1999 have been
satisfied.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the United City of
Yorkville, Kendall County, Illinois, as follows:
1. That the City hereby acknowledges and agrees that all covenants, conditions, and
restrictions imposed upon the owner of the Apartment Parcel under the Development
Agreement recorded as Document No. 200200025544 have been satisfied in full, and
the City releases the Apartment Parcel from the terms of the Development
Agreement; and
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2. That the City hereby acknowledges and agrees that all requirements of that certain
Consent Order issued by the Sixteenth Judicial Circuit for Kendall County, Illinois
on April 7, 1999, as amended by Document No. 2007027362 (collectively, the
"Consent Order"), have been satisfied in full as they relate to the Apartment Parcel,
and the City hereby releases the Apartment Parcel from the terms of the Consent
Order; and
3. The City intends for this Resolution to be in recordable form and to be filed for record
in the Office of the County Recorder of Kendall County, Illinois.
Passed by the City Council of the United City of Yorkville, Kendall County, Illinois this 27tt' day
of December, A.D. 2011.
CITY CLERK
ROSE ANN SPEARS DIANE TEELING
GEORGE GILSON JR. JACKIE MILSCHEWSKI ---L
CARLO COLOSIMO MARTY MUNNS I
r
CHRIS FUNKHOUSER \± LARRY KOT
Approved by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
0V day of `r-r-M j 2011.
MAYOR
On the . day of December, 2011, before me, the undersigned, a Notary Public, in and for the
County and State aforesaid, personally appeared Mayor Gary J. Golinski and
City Clerk, to me known to be the persons who executed the foregoing instrument on behalf of
the City, and they acknowledged that they executed the same as the City's free act and deed.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal on the day
and year last above written.
-i J OFFICIAL SEAL
LISA PK XERNYG
Notary Public (._' WTMYPURC-VATEOFLLWX
MY CQwmN OM EI�PM.12M34 2
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EXHIBIT A
Legal Description
THAT PART OF SECTION 28,TOWNSHIP 37 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF U.S.ROUTE NO.34
WITH THE EAST LINE OF LOT 1,AEGEAN ISLE ESTATES UNIT 1, EXTENDED;THENCE SOUTH 82 DEGREES 49
MINUTES 12 SECONDS EAST ALONG SAID CENTER LINE,A DISTANCE OF 964.28 FEET;THENCE SOUTH 08
DEGREES 11 MINUTES 43 SECONDS WEST,A DISTANCE OF 220.37 FEET TO THE PLACE OF BEGINNING;THENCE
CONTINUING SOUTH OS DEGREES 11 MINUTES 43 SECONDS WEST,A DISTANCE OF 728.51 FEET TO THE CENTER
LINE OF MCHUGH ROAD;THENCE SOUTH 54 DEGREES 06 MINUTES 33 SECONDS WEST ALONG SAID CENTER
LINE OF MCHUGH ROAD,A DISTANCE OF 70.70 FEET;THENCE NORTH 56 DEGREES 06 MINUTES 04 SECONDS
WEST,A DISTANCE OF 391.52 FEET TO A POINT OF CURVATURE;THENCE NORTHWESTERLY ALONG A CURVE
CONCAVE NORTHEASTERLY HAVING A RADIUS OF 365.00 FEET,AN ARC DISTANCE OF 403.13 FEET TO A POINT
OF TANGENCY;THENCE NORTH 07 DEGREES 10 MINUTES 48 SECONDS EAST,A DISTANCE OF 294.62 FEET;
THENCE SOUTH 82 DEGREES 49 MINUTES 12 SECONDS EAST PARALLEL WITH SAID CENTER LINE OF U.S.ROUTE
NO,34,A DISTANCE OF 307.76 FEET;THENCE SOUTH 07 DEGREES 10 MINUTES 48 SECONDS WEST,A DISTANCE
OF 20.00 FEET;THENCE SOUTH 82 DEGREES 49 MINUTES 12 SECONDS EAST PARALLEL WITH SAID CENTER LINE
OF U.S.ROUTE 34,A DISTANCE OF 307.41 FEET TO THE PLACE OF BEGINNING, IN KENDALL COUNTY,ILLINOIS.
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Upon recording please
return to:
Nancy K. Landmark
Commercial Partners Title, LLC
200 S. 61h Street, Suite 1300
Minneapolis, MN 55402
Phone: 612.337.2483
6538685v2
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