Ordinance 2008-072 STATE OF ILLINOIS )
) ss.
COUNTY OF KENDALL )
Ordinance No. 2008 - 'A26
AN ORDINANCE APPROVING AUTUMN CREEK SANITARY SEWER
INTERCEPTOR IMPROVEMENT AGREEMENT AND
AUTUMN CREEK PULTE HOME CORPORATION GRANDE RESERVE,
WATER MAIN RECOVERY AGREEMENT
WHEREAS, the Mayor and City Council made a preliminary determination that it would be in
the public interest, convenient and necessary that certain sanitary sewer extensions and water main
extensions to be made by Pulte Home Corporation be in excess of the needs of its development of the
residential development known as the Autumn Creek Subdivision, thereby benefiting adjacent properties;
and,
WHEREAS, it has been determined that Pulte Home Corporation is entitled to recapture those
costs it shall incur for sanitary sewer extensions and water main extensions which benefit properties
( "Recapture Costs ") in addition to the Autumn Creek Subdivision; and,
WHEREAS, the Mayor and City Council are prepared to enter into certain recovery agreement
with Pulte Home Corporation to assist with the reimbursement of the Recapture Costs it shall incur from
those properties which may benefit from the water main and sanitary sewer extensions.
NOW, THEREFORE, BE IT ORDAINED by the Mayor and City Council of the United City
of Yorkville, Kendall County, Illinois, as follows:
Section 1. That the Autumn Creek Sanitary Sewer Interceptor Improvement Recapture/Recovery
Agreement is hereby approved and the Mayor and City Clerk are hereby authorized to execute said
Agreements and to direct all actions necessary to implement the terms of each agreement.
Section 2. That the Autumn Creek Pulte Home Corporation Grand Reserve Water Main
Recovery Agreement is hereby approved contingent upon confirmation of its terms by MPI -2 Yorkville
Central, LLC; and, thereafter, the Mayor and City Clerk are hereby authorized to execute said
Agreements and to direct all actions necessary to implement the terms of each agreement.
Section 3. That the City Clerk is hereby directed to record these Agreements with the County
Recorder against all properties benefited by the infrastructure improvements contemplated by said
Agreements.
Section 4. 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 1
day of , , r,. T .� , A.D. 2008.
ROBYN SUTCLIFF JOSEPH BESCO^^\\
ARDEN JOE PLOCHER WALLY WERDERICH V
GARY GOLINSKI c MARTY MUNNS
ROSE SPEARS c BOB ALLEN
APPROVED by me, as Mayor of the United City of Yorkville, Kendall County, Illinois, this
a day of A(k(-f u 51 , A.D. 2008.
�y Ma `
Attest:
2
STATE OF ILLINOIS
)ss
COUNTY OF KENDALL JL3 .1c E
RECORDED, 5/22/2009 9:29 AN
AGR: 0.00 AM KV. 10.00
PAGES- 14
THIS IS A COVER PAGE
FOR RECORDING PURPOSES ONLY
Autumn Creek
Sanitary Sewer Interceptor Improvement
Recapture Agreement
Autumn Creek
Sanitary Sewer Interceptor Improvement
RECAPTURE AGREEMENT
THIS RECAPTURE/RECOVERY AGREEMENT ( "Agreement "), is made and entered as of the
day of cS�e0e*M 200 by and between the UNITED CITY OF YORKVILLE, an
Illinois municipal corporation ( "CITY ") and Pulte Home Corporation ( "DEVELOPER ").
RECITALS:
A. Pulte Home Corporation is the OWNER and DEVELOPER of that certain real
estate development located within the corporate limits of the CITY and commonly known as
Autumn Creek Subdivision.
B. The DEVELOPER and the CITY have heretofore entered into that certain
Annexation Agreement dated April 12, 2005 ( "Autumn Creek Annexation Agreement ")
pertaining to the annexation and development of the Autumn Creek Subdivision within the
CITY.
C. The DEVELOPER desires to recapture an allocable share of the costs of
constructing a certain part of the public improvements for the Subdivision ( "Recapture Items ")
which will provide benefit to other properties ('Benefited Properties ") from the OWNERs of the
Benefited Properties ('Benefited OWNERS ").
D. The DEVELOPER and the CITY are desirous of entering into this Agreement to
provide for the fair and allocable recapture by the DEVELOPER of the proportionate costs of the
Recapture Items from the Benefited OWNERS, subject to the terms and conditions set forth in
this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by the parties hereto, the parties hereby agree as follows:
1. RECAPTURE ITEMS. The Recapture Items, being elements of the public
improvements have been constructed as a part of the development of the Subdivision
and include engineering, crop damage expenses, silt fence, soil borings and
construction costs for the sanitary sewer interceptor segment.
1�1'
The Recapture Items are as follows:
Work Item Pulte Costs
Engineering $29,793.00
Crops $4,930.00
Silt Fence /Straw Bales $8,925.00
Soil Borings $8,615.25
Sanitary Sewer
Interceptor $639,447.02
Totals $691,710.27
2. BENEFITED PROPERTIES. The Benefited Area is depicted and the Benefited
Properties are legally described and attached hereto as Attachment "A ". Each parcel of real
estate contained within the Benefited Properties is referred to herein individually as a "Benefited
Parcel ".
3. RECAPTURE COSTS. The Recapture Item(s) which the Corporate Authorities of the
CITY have determined will benefit a Benefited Parcel, and the prorata share of the Estimated
Cost of each such Recapture Item to be allocated to such Benefited Parcel are set forth in the
Recapture Schedule based on the estimated population equivalent (PE) as follows:
Property Area PE Remarks Cost
10 PE /acre minus 40 acre
Harriman Property 181 1410 pond $379,720.26
Reck Property 10 7 2 SF Homes $1,885
Grande Reserve 165 966 276 SF Lots $260,148.77
County Residential 46 185.5 53 SF Lots $49,956.10
Totals 402 2568.5 $691,710.27
The aggregate amount of the proportionate share of the Estimated Cost for each of the Recapture
Items allocable to a Benefited Parcel is referred to herein as the "Recapture Costs ". The
Recapture Costs for each of the Benefited Parcels shall be as identified in the Recapture
Schedule. Interest shall accrue on the Recapture Costs for the benefit of Developer at a rate of
four percent (4 %) simple interest per annum from the date the Recapture Agreement is recorded
until the term stated in Section 8 of this Agreement expires.
2
4. COLLECTION OF RECAPTURE COSTS.
a. Reek Property and Grande Reserve: The CITY shall assess against and collect
from the Benefited OWNER of the Reck Property and Grande Reserve, or any
portion thereof, or such OWNER'S successors and assigns, the Recapture Cost,
calculated under Paragraph 3 of this Agreement for such Benefited Parcel, at such
time as a Benefited OWNER, or its agent or representative, subdivides a
Benefited Parcel, or any portion thereof, or subdivides the Benefited Parcel from a
larger parcel of land, or applies to the CITY for issuance of a permit for
connection to all or any of the Recapture Items, whichever shall first occur. The
CITY shall collect from such Benefited OWNER, or its agent or representative,
the applicable Recapture Costs, owed hereunder by such Benefited Parcel. No
Benefited Parcel which is a part of a subdivision (whether by plat or division by
deed) shall be approved or recognized by the CITY or be issued a connection
permit to a Recapture Item by the CITY until such Benefited Parcel has fully paid
the applicable Recapture Costs, owed by such Benefited Parcel under this
Agreement.
b. Hamman Property: The CITY shall waive the Sewer Connection Fee for 190
permits in the amount of $2000.00 each for each lot within the Autumn Creek
Subdivision commencing at the date of this Agreement as reimbursement for that
portion of the recapture cost attributable to the Hamman property and advanced
by PULTE.
c. Countv Residential: The City shall assess against and collect from the Benefited
OWNER of a Benefited Parcel within the County Residential the Recapture Cost
of $942.57 for each lot in said County Residential subdivision at the time said
Owner connects to the sanitary sewer system.
5. PAYMENT OF RECAPTURE COSTS. Any Recapture Costs, collected by the CITY
pursuant to this Agreement shall be paid to DEVELOPER, or such other person or entity as
DEVELOPER may direct by written notice to the CITY, within thirty (30) days following
collection thereof by the CITY. It is understood and agreed that the CITY's obligation to
reimburse DEVELOPER shall be limited to funds collected from the Benefited OWNERS as
provided herein, and payments made hereunder shall be made solely out of said funds. This
Agreement shall not be construed as creating any obligation upon the CITY to make payments.
6. CITY'S OBLIGATION. The CITY and its officers, employees and agents shall make
all reasonable efforts to make the aforesaid collections of the Recapture Costs, for each
Benefited Parcel. Neither the CITY nor any of its officials shall be liable in any manner for the
failure to make such collections, and DEVELOPER agrees to hold the CITY, its officers,
3
employees and agents, harmless from the failure to collect said fees. In any event, however,
DEVELOPER and/or the CITY may sue any Benefited OWNER owing any Recapture Costs,
hereunder for collection thereof, and in the event DEVELOPER initiates a collection lawsuit, the
CITY agrees to cooperate in DEVELOPER's collection attempts hereunder by allowing full and
free access to the CITY's books and records pertaining to the subdivision and/or development of
the Benefited Parcel and the collection of any Recapture Costs therefore. In the event the CITY
and any of its agents, officers or employees is made a party defendant in any litigation rising out
of or resulting from this Agreement, DEVELOPER shall defend such litigation, including the
interest of the CITY, and shall further release and hold the CITY harmless from any judgment
entered against DEVELOPER and/or the CITY and shall further indemnify the CITY from any
loss resulting therefrom, except to the extent such loss results from the grossly negligent or
willfully wrongful act or conduct of the CITY or any of its agents, officers or employees.
7. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in
this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and
charges pursuant to CITY ordinances, resolutions, motions and policies. The Recapture Costs
provided for herein for each Benefited Parcel is in addition to such other CITY fees and charges.
8. TERM This Agreement shall remain in full force and effect for a period of twenty (20)
years from the date hereof, unless sooner terminated by the mutual agreement of the parties
hereto or by the completion of all duties to be performed hereunder. In the event no portion of a
Benefited Parcel is a part of a subdivision approved or recognized by the CITY and no
connection permit as aforesaid is issued by the CITY for such Benefited Parcel within ten years
following the date of this Agreement, this Agreement, and each and every duty and undertaking
set forth herein pertaining to such Benefited Parcel, shall become null and void and of no further
force and effect as to such Benefited Parcel.
9. MISCELLANEOUS PROVISIONS.
A. Agreement: This Agreement may be amended upon the mutual consent of the
parties hereto from time to time by written instrument and conformity with all applicable
statutory and ordinance requirements and without the consent of any other person or
corporation owning all or any portion of the Benefited Properties.
B. Binding Effect: Except as otherwise herein provided, this Agreement shall inure
to the benefit of and be binding upon the successors and assigns of DEVELOPER and
any successor municipal corporation of the CITY.
4
C. Enforcement: Each party to this Agreement, and their respective successors and
assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in
force and compel performance of this Agreement.
D. Recordation: A true and correct copy of this Agreement shall be recorded with
the Kendall County Recorder's office.
E. Notices Any notice required or desired to be given under this Agreement, unless
expressly provided to the contrary herein, shall be in writing and shall be deemed to have
been given on the date of personal delivery, on the date of confirmed telefacsimile
transmission provided a hard copy of such notice is deposited in the U.S. mail addressed
to the recipient within twenty -four hours following the telefacsimile transmission, or on
the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid,
return receipt requested, and addressed as follows:
If to CITY: United CITY of Yorkville
Attn: CITY Clerk
800 Game Farm Road
Yorkville, 1160560
Fax: (630) 553 -7575
with a copy attention to:
Kathleen Field Orr, City Attorney
800 Game Farm Road
Yorkville, 1160560
Fax: (630) 553 -7575
If to PULTE: Jason Polakow
Pulte Home Corporation
1901 N. Roselle Road, Suite 1000
Schaumburg, Illinois 60195
Fax: (847) 230 -5434
F. Severability: The invalidity or unenforceability of any of the provisions
hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the
validity or enforceability of the remainder of this Agreement or the charges imposed hereunder.
G. Complete Agreement: This Agreement contains all the terms and
conditions agreed upon by the parties hereto and no other prior agreement, excepting the
5
Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist
to bind the parties. This Agreement shall be governed by the laws of the State of Illinois.
H. Cautions and Parap-rauh Headings: Captions and paragraph headings
incorporated herein are for convenience only and are not part of this Agreement, and further shall
not be used to construe the terms hereof.
I. Recitals and Exhibits: The recitals set forth at the beginning of this
Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and
made a part of the substance hereof.
J. Enforceabilitv: This Agreement shall be enforceable in the Circuit Court of
Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure
the performance of the covenants herein contained.
6
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the date first above written.
Pulte Home Corporation: CITY:
UNITED CITY OF YORKVILLE,
an Illinois municipal corporation
By: I By:
Mayor
Title: President
Attest:
Dated: � / S 1 V!3 IT lerk
7
Attachment A
i`
r s'
United City of Yorkville GlS The Data Is prortded wlo ; . i „,� .: .,� , ,�,, ,,,,,,,,� yon of a
y accuracy, timeliness, or completeness. It is the responsOn7ity of the
Parcel Data and Aerial Photography Requester determine accuracy, tkneliness, completeness, and e e
Provided By Kendall County GIS appropr/ateness of In use. The tlnhed City ofYorkvOle makes no
warranties, expressed or implkd, to the use of Me Data. a
Attachment A
Reek Property — LeLral Description
PIN 02 -22- 176 -002
As it appears on Trustee's Deed recorded October 16, 1995 as Document 9508542:
THAT PART OF SECTION 22, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT
THE MOST EASTERLY CORNER OF BRISTOL LAKE SUBDIVISION IN THE
CENTER LINE OF KENNEDY ROAD; THENCE SOUTH 53 DEGREES 11
MINUTES WEST ALONG THE SOUTHEASTERLY LINE OF SAID SUBDIVISION
0.46 OF A FOOT FOR THE POINT OF BEGINNING; THENCE SOUTH 53
DEGREES 11 MINUTES WEST ALONG SAID SOUTHEASTERLY LINE 349.54
FEET; THENCE SOUTH 43 DEGREES 29 MINUTES EAST 1641.03 FEET; THENCE
NORTH 47 DEGREES 12 MINUTES EAST 127.25 FEET TO A POINT SOUTH 35
DEGREES 41 MINUTES EAST FROM THE POINT OF BEGINNING; THENCE
NORTH 35 DEGREES 41 MINUTES WEST 1616.93 FEET TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
Grande Reserve Units 16, 17 and 24 Attachment A
"STEINBRECHER FARM A" Parcel for Zoning Map
PARCEL ONE:
THAT PART OF SECTIONS 15,22 AND 23, TOWNSHIP 37 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
POINT OF INTERSECTION OF THE NORTH AND SOUTH CENTERLINE OF SAID
SECTION 15 WITH THE TANGENT OF THE CENTERLINE OF STATE AID ROUTE 20 AS
ESTABLISHED BY INSTRUMENT RECORDED MAY 12, 1952 AS DOCUMENT 125479;
THENCE WESTERLY ALONG SAID TANGENT 185.32 FEET; THENCE SOUTH 17
DEGREES 20 MINUTES 0 SECONDS EAST TO THE CENTERLINE OF SAID STATE AID
ROUTE 20; THENCE SOUTH 17 DEGREES 20 MINUTES 0 SECONDS EAST 1303.46
FEET FOR THE POINT OF BEGINNING; THENCE NORTH 17 DEGREES 20 MINUTES 0
SECONDS WEST 113.8 FEET; THENCE SOUTH 77 DEGREES 08 MINUTES 0 SECONDS
WEST 428.4 FEET; THENCE NORTH 17 DEGREES 28 MINUTES 0 SECONDS WEST
1370.9 FEET TO THE CENTERLINE OF STATE AID ROUTE 20; THENCE NORTH 81
DEGREES 05 MINUTES 0 SECONDS WEST ALONG SAID CENTERLINE 254.26 FEET TO
A POINT 194.7 FEET EASTERLY AS MEASURED ALONG SAID CENTERLINE OF THE
NORTHEAST CORNER OF ERICKSON'S SUBDIVISION; THENCE SOUTHERLY
PARALLEL WITH THE EASTERLY LINE OF SAID ERICKSON'S SUBDIVISION, 462 FEET;
THENCE WESTERLY PARALLEL WITH THE CENTERLINE OF SAID ROAD 194.7 FEET
TO THE EASTERLY LINE OF SAID SUBDIVISION; THENCE SOUTHERLY ALONG SAID
EASTERLY LINE TO THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE
WESTERLY ALONG THE SOUTHERLY LINE OF SAID SUBDIVISION AND SAID LINE
EXTENDED 1785.3 FEET TO A POINT ON THE WEST LINE OF THE SOUTHWEST
QUARTER OF SAID SECTION 15; THENCE SOUTH 0 DEGREES 55 MINUTES 0
SECONDS EAST ALONG SAID WEST LINE 904 FEET; THENCE NORTH 88 DEGREES 03
MINUTES 0 SECONDS EAST 1629 FEET; THENCE SOUTH 36 DEGREES 11 MINUTES 0
SECONDS EAST 2187 FEET; THENCE SOUTH 39 DEGREES 18 MINUTES 0 SECONDS
EAST 3776.7 FEET TO THE CENTERLINE OF U. S. ROUTE 34; THENCE
NORTHEASTERLY ALONG SAID CENTERLINE 1353 FEET TO THE SOUTHWEST
CORNER OF UNIT THREE, RIVER RIDGE; THENCE NORTHWESTERLY ALONG THE
SOUTHWESTERLY LINE OF SAID UNIT THREE, RIVER RIDGE AND ALONG THE
SOUTHWESTERLY LINE OF UNIT TWO, RIVER RIDGE 2686 FEET TO THE
NORTHWEST CORNER OF SAID UNIT TWO, RIVER RIDGE; THENCE
NORTHEASTERLY ALONG THE NORTHWESTERLY LINE OF SAID UNIT TWO, RIVER
RIDGE AND ALONG THE NORTHWESTERLY LINE OF UNIT ONE, RIVER RIDGE 824.42
FEET TO THE CENTERLINE OF STATE AID ROUTE 20; THENCE NORTHWESTERLY
ALONG SAID CENTERLINE 1886.5 FEET TO A LINE DRAWN NORTH 69 DEGREES 10
MINUTES 0 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 69
DEGREES 10 MINUTES 0 SECONDS WEST 1084.7 FEET TO THE POINT OF
BEGINNING, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY, ILLINOIS.
EXCEPT FROM SAID PARCEL THAT PART LYING NORTHERLY OF THE FOLLOWING
DESCRIBED LINE: COMMENCING AT THE SOUTHWEST CORNER OF STRUKEUS
PARADISE LAKE UNIT 1; THENCE NORTHWESTERLY ALONG THE SOUTHWESTERLY
LINE OF SAID STRUKEL'S PARADISE LAKE UNIT 1, BEING THE CENTERLINE OF
BRISTOL RIDGE ROAD, ON A BEARING OF NORTH 37 DEGREES 10 MINUTES 58
SECONDS WEST WHICH IS THE BASIS OF BEARINGS FOR THE DESCRIPTION OF
THIS LINE, A DISTANCE OF 215.76 FEET; THENCE SOUTH 47 DEGREES 53 MINUTES
15 SECONDS WEST 54.82 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE
CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 445.26 FEET, HAVING A
CHORD BEARING OF SOUTH 64 DEGREES 20 MINUTES 37 SECONDS WEST, A
Grande Reserve Units 16, 17 and 24 Attachment A
DISTANCE OF 354.19 FEET; THENCE NORTH 80 DEGREES 01 MINUTES 36 SECONDS
WEST 49.79 FEET; THENCE NORTH 02 DEGREES 23 MINUTES 32 SECONDS EAST
33.60 FEET; THENCE NORTHERLY ALONG THE ARC OF A CURVE CONCAVE TO THE
WEST, HAVING A RADIUS OF 31.16 FEET, HAVING A CHORD BEARING OF NORTH 46
DEGREES 51 MINUTES 02 SECONDS WEST, A DISTANCE OF 18.07 FEET; THENCE
WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTHWEST, HAVING
A RADIUS OF 340.28 FEET, HAVING A CHORD BEARING OF NORTH 77 DEGREES 03
MINUTES 16 SECONDS WEST, A DISTANCE OF 126.72 FEET; THENCE WESTERLY
ALONG THE ARC OF A CURVE CONCAVE TO THE NORTHEAST, HAVING A RADIUS
OF 442.47 FEET, HAVING A CHORD BEARING OF NORTH 77 DEGREES 26 MINUTES
27 SECONDS WEST, A DISTANCE OF 164.23 FEET; THENCE NORTH 53 DEGREES 57
MINUTES 04 SECONDS WEST 36.90 FEET; THENCE WESTERLY ALONG THE ARC OF
A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 46.51 FEET, HAVING A
CHORD BEARING OF SOUTH 78 DEGREES 44 MINUTES 27 SECONDS WEST, A
DISTANCE OF 65.15 FEET; THENCE SOUTH 46 DEGREES 05 MINUTES 42 SECONDS
WEST 122.26 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE
TO THE NORTH, HAVING A RADIUS OF 434.59 FEET, HAVING A CHORD BEARING OF
SOUTH 79 DEGREES 06 MINUTES 50 SECONDS WEST, A DISTANCE OF 298.16 FEET;
THENCE WESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE SOUTH,
HAVING A RADIUS OF 150.96 FEET, HAVING A CHORD BEARING OF SOUTH 86
DEGREES 13 MINUTES 36 SECONDS WEST, A DISTANCE OF 122.06 FEET; THENCE
SOUTH 83 DEGREES 16 MINUTES 31 SECONDS WEST 45.04 FEET; THENCE SOUTH
71 DEGREES 30 MINUTES 59 SECONDS WEST 135.54 FEET; THENCE SOUTH 54
DEGREES 04 MINUTES 01 SECONDS WEST 46.27 FEET; THENCE WESTERLY ALONG
THE ARC OF A CURVE CONCAVE TO THE NORTHWEST, HAVING A RADIUS OF 165.37
FEET, HAVING A CHORD BEARING OF SOUTH 78 DEGREES 12 MINUTES 25
SECONDS WEST, A DISTANCE OF 144.86 FEET; THENCE NORTH 74 DEGREES 26
MINUTES 06 SECONDS WEST 180.59 FEET; THENCE NORTH 65 DEGREES 26
MINUTES 38 SECONDS WEST 30.99 FEET; THENCE NORTH 50 DEGREES 48 MINUTES
59 SECONDS WEST 62.510 FEET; THENCE NORTH 82 DEGREES 06 MINUTES 35
SECONDS WEST 133.31 FEET; THENCE SOUTH 69 DEGREES 00 MINUTES 05
SECONDS WEST 67.58 FEET; THENCE WESTERLY ALONG THE ARC OF A CURVE
CONCAVE TO THE NORTH, HAVING A RADIUS OF 188,30 FEET, HAVING A CHORD
BEARING OF NORTH -89 DEGREES 37 MINUTES 05 SECONDS WEST, A DISTANCE OF
166.22 FEET; THENCE NORTH 53 DEGREES 11 MINUTES 25 SECONDS WEST 69.55
FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF A CURVE CONCAVE TO THE
SOUTHEAST, HAVING A RADIUS OF 187.57 FEET, HAVING A CHORD BEARING OF
SOUTH 73 DEGREES 52 MINUTES 21 SECONDS WEST, A DISTANCE OF 164.84 FEET;
THENCE SOUTH 41 DEGREES 39 MINUTES 54 SECONDS WEST 112.92 FEET;
THENCE SOUTHWESTERLY 21.13 FEET, MORE OR LESS, TO A POINT IN THE
WESTERLY LINE OF SAID PARCEL, SAID POINT BEING 1,272.16 FEET
NORTHWESTERLY OF THE CENTERLINE OF KENNEDY ROAD AS MEASURED ALONG
SAID WESTERLY LINE, FOR THE TERMINUS OF SAID LINE.
ALSO INCLUDING: ALL THAT PART OF BRISTOL RIDGE ROAD AND KENNEDY ROAD,
ADJOINING SAID PARCEL, AND NOT PREVIOUSLY ANNEXED BY ANY MUNICIPALITY.
Attachment A
County Residential — Legal Description
River Ridge Subdivision — Units 1, 2 and 3
Unit I
The metes and bounds legal description as it appears on the "Unit One River Ridge" plat
is as follows:
THAT PART OF SECTIONS 22 AND 23, TOWNSHIP 37 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED BY BEGINNING AT THE
NORTHEAST CORNER OF SAID SECTION 22; THENCE SOUTH 37 DEGREES 39
MINUTES EAST ALONG THE CENTER LINE OF THE BRISTOL STATION ROAD
2498.79 FEET; THENCE 52 DEGREES 21 MINUTES WEST 235 FEET; THENCE
NORTH 37 DEGREES 39 MINUTES WEST PARALLEL WITH THE CENTER LINE
OF SAID BRISTOL STATION ROAD 2009.92 FEET; THENCE NORTH 46
DEGREES O1 MINUTE 2 SECONDS EAST 23.6 FEET; THENCE NORTH 41
DEGREES 35 MINUTES 07 SECONDS WEST 258.52 FEET TO A POINT ON A
CURVE HAVING A RADIUS OF 1839.57 FEET, SAID NORTH 41 DEGREES 35
MINUTES 07 SECONDS WEST COURSE BEING A RADIAL LINE OF SAID
CURVE; THENCE NORTHEASTERLY ALONG SAID CURVE TO THE RIGHT
26.35 FEET; THENCE NORTH 40 DEGREES 45 MINUTES 53 SECONDS WEST
203.20 FEET; THENCE NORTH 46 DEGREES 01 MINUTE 27 SECONDS EAST
215.08 FEET TO THE POINT OF BEGINNING, CONTAINING 13.15 ACRES, IN
BRISTOL TOWNSHIP, KENDALL COUNTY, ILLINOIS.
This described area includes: LOTS 1 THROUGH 14, INCLUSIVE, IN UNIT ONE
RIVER RIDGE, SAID SUBDIVISION BEING A PART OF SECTIONS 22 AND 23,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
ACCORDING TO THE PLAT THEREOF RECORDED JULY 12, 1960.
Unit 2
The metes and bounds legal description as it appears on the "Unit Two River Ridae" plat
is as follows:
THAT PART OF SECTIONS 22 AND 23, TOWNSHIP 37 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED BY BEGINNING AT THE
MOST WESTERLY CORNER OF LOT 14 OF UNIT ONE RIVER RIDGE; THENCE
SOUTH 40 DEGREES 45 MINUTES 53 SECONDS EAST ALONG THE
SOUTHWESTERLY LINE OF SAID LOT 14, 203.20 FEET TO THE
NORTHWESTERLY LINE OF SUNSET AVENUE; THENCE SOUTHWESTERLY
ALONG SAID NORTHWESTERLY LINE 26.35 FEET; THENCE SOUTH 41
DEGREES 35 MINUTES 07 SECONDS EAST ALONG THE SOUTHWESTERLY
LINE OF SAID UNIT ONE, RIVER RIDGE 258.62 FEET; THENCE SOUTH 46
DEGREES O1 MINUTE 27 SECONDS WEST ALONG SAID LINE 23.60 FEET;
THENCE SOUTH 37 DEGREES 39 MINUTES EAST ALONG SAID
SOUTHWESTERLY LINE 885.01 FEET TO THE SOUTHEASTERLY LINE OF
Attachment A
LINDEN AVENUE; THENCE SOUTH 52 DEGREES 21 MINUTES WEST 386.01
FEET; THENCE NORTH 37 DEGREES 34 MINUTES 28 SECONDS WEST 1283.06
FEET; THENCE NORTH 46 DEGREES O1 MINUTES 27 SECONDS EAST 606.34
FEET TO THE POINT OF BEGINNING, CONTAINING 20.01 ACRES, IN BRISTOL
TOWNSHIP, KENDALL COUNTY, ILLINOIS.
This described area includes: LOTS 1 THROUGH 18, INCLUSIVE, IN
UNIT TWO RIVER RIDGE, SAID SUBDIVISION BEING A PART OF SECTIONS 22
AND 23, TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED APRIL 24,
1962 AS DOCUMENT 137575.
Unit 3
The metes and bounds legal description as it appears on the "Unit Three River Rida_ e"
plat is as follows:
THAT PART OF THE SECTION 23, TOWNSHIP 37 NORTH, RANGE 7 EAST OF
THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING
AT THE MOST SOUTHERLY CORNER OF UNIT TWO, RIVER RIDGE
SUBDIVISION OF PART OF SAID SECTIONS 22 AND 23; THENCE NORTH 52
DEGREES 21 MINUTES EAST ALONG THE SOUTHERLY LINE OF LINDEN
AVENUE 586.01 FEET TO THE MOST EASTERLY CORNER OF SAID UNIT
TWO; THENCE SOUTH 37 DEGREES 39 MINUTES EAST ALONG THE
WESTERLY LINE OF UNIT ONE, RIVER RIDGE 1124.90 FEET TO THE
SOUTHERLY LINE OF OAKLAWN AVENUE; THENCE NORTH 52 DEGREES 21
MINUTES EAST ALONG SAID SOUTHERLY LINE 235 FEET TO THE CENTER
LINE OF BRISTOL RIDGE ROAD; THENCE SOUTH 37 DEGREES 39 MINUTES
EAST ALONG SAID CENTER LINE 216.73 FEET TO THE CENTER LINE OF U.S.
ROUTE 34; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE OF U.S.
ROUTE 34, 825.49 FEET TO THE A POINT SOUTH 37 DEGREES 34 MINUTES 29
SECONDS EAST FROM THE POINT OF BEGINNING; THENCE NORTH 37
DEGREES 34 MINUTES 29 SECONDS WEST 1403.30 FEET TO THE POINT OF
BEGINNING, CONTAINING 19.967 ACRES, IN THE TOWNSHIP OF BRISTOL,
KENDALL COUNTY, ILLINOIS.
This described area includes: LOTS 1 THROUGH 21, INCLUSIVE IN UNIT THREE,
RIVER RIDGE SUBDIVISION, BEING A SUBDIVISION OF PART OF SECTION 23,
TOWNSHIP 37 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JUNE 22, 1965 AS
DOCUMENT 148918, IN THE TOWNSHIP OF BRISTOL, KENDALL COUNTY,
ILLINOIS.
I
it ? 16'9 1 '_= LI C :P 0 r=� 10 917 STATE OF ILLINOIS )
)SS D r—..n E.f, .[..$ I Il —
COUNTY OF KENDALL L. t_ E T -r &_
KE 14 f- 0UNTY, 1:1...
RECORDED: 9/24/2009 9:30 AM
AGR: 58.00 AGE55R13 E E: 10.00
i
THIS IS A COVER PAGE
FOR RECORDING PURPOSES ONLY
Autumn Creek
Pulte Home Corporation
Grande Reserve Water Main Recovery
RECOVERY AGREEMENT
I
Autumn Creek
Pulte Home Corporation
Grande Reserve Water Main Recovery
RECOVERY AGREEMENT
I
THIS RECOVERY AGREEMENT ( "Agreement "), is made and entered as of the 1 7 day of
1,,,�v , 2001, by and between the UNITED CITY OF YORKVILLE, an Illinois
municipal corporation ( "CITY ") and Pulte Home Corporation ( "PULTE ").
RECITALS:
A. PULTE is the OWNER and DEVELOPER of that certain real estate development
located within the corporate limits of the CITY and commonly known as Autumn Creek.
B. PULTE and the CITY have entered into that certain Annexation Agreement dated
April 12, 2005 ( "Autumn Creek Annexation Agreement ") pertaining to the annexation and
development of the Autumn Creek Subdivision within the CITY.
C. Aforementioned Annexation Agreement allows for PULTE to be recovered for
public improvements benefiting another property and deemed eligible.
D. PULTE constructed a certain off -site water main upon the Grande Reserve
Subdivision at a cost of $192,643.70.
E. PULTE and the CITY recognize that the Autumn Creek Subdivision is also
subject to a water recapture to the benefit of the Developer of Grande Reserve ( "Grande Reserve
Recapture ")
F. PULTE and the CITY are desirous of entering into this Agreement to provide for
the fair and allocable recovery by PULTE of the costs of the aforementioned water main in
coordination with the Grande Reserve Recapture, subject to the terms and conditions set forth in
this Agreement.
NOW, THEREFORE, in consideration of the foregoing recitals and the mutual covenants
hereinafter set forth, and for other good and valuable consideration, the receipt and sufficiency of
which are hereby acknowledged by the parties hereto, the parties hereby agree as follows:
1. RECOVERABLE ITEMS and COSTS. The Recovery Items, being elements of the
public improvements have been constructed off -site, by PULTE as a part of the
development of the Autumn Creek Subdivision and include engineering, crop damage
expenses, silt fence, and construction costs for a segment of the Grande Reserve
water main.
The Recovery Costs are as follows:
Work Item Pulte Costs
Engineering $4,625.00
Crops $1,425.00
Silt Fence $4,025.00
Construction $182,568.70
Total $192,643.70
2. PAYMENT OF RECOVERY COSTS. The CITY shall credit to PULTE, or such other
person or entity as PULTE may direct by written notice to the CITY, as follows: PULTE will
receive 50% reduction of Water Connection Fees, due and payable by PULTE at time of building
permit payment for units in Autumn Creek subdivision. The 50% reduction will be in the
amount of $1,330 for single family detached units and $1,140 for attached units. Accumulation
of credits to be applied to reimbursement of recovery costs will commence at the date of this
Agreement and continue until the earliest of receipt of fee reductions in a total amount of
$192,642.70 or the term as described by Section 5 of this Agreement.
It is understood and agreed that the CITY's obligation to reimburse PULTE shall be limited to
funds collected from the building permit payments as provided herein, and credits made
hereunder shall be made solely out of said funds. This Agreement shall not be construed as
creating any obligation upon the CITY to make payments from its general corporate funds or
revenue.
3. CITY'S OBLIGATION. Neither the CITY nor any of its officials shall be liable in any
manner for the failure to make such reductions, and PULTE agrees to hold the CITY, its officers,
employees and agents, harmless from the failure to reduce said fees.
4. CITY'S COLLECTION OF OTHER FEES AND CHARGES. Nothing contained in
this Agreement shall limit or in any way affect the rights of the CITY to collect other fees and
charges pursuant to CITY ordinances, resolutions, motions and policies.
5. TERM This Agreement shall remain in full force and effect for a term for the earlier of
payment of credits as itemized in paragraph 1 of this Agreement or for a term of twenty (20)
years from the date hereof, unless sooner terminated by the mutual agreement of the parties
hereto or by the completion of all duties to be performed hereunder.
7. MISCELLANEOUS PROVISIONS.
A. Agreement: This Agreement may be amended upon the mutual consent of the
parties hereto from time to time by written instrument and conformity with all applicable
statutory and ordinance requirements.
B. Bindinsz Effect: Except as otherwise herein provided, this Agreement shall inure
to the benefit of and be binding upon the successors and assigns of DEVELOPER and
any successor municipal corporation of the CITY.
C. Enforcement: Each party to this Agreement, and their respective successors and
assigns, may either in law or in equity, by suit, action, mandamus, or other proceeding in
force and compel performance of this Agreement.
D. Recordation: A true and correct copy of this Agreement shall be recorded with
the Kendall County Recorder's office.
E. Notices: Any notice required or desired to be given under this Agreement, unless
expressly provided to the contrary herein, shall be in writing and shall be deemed to have
been given on the date of personal delivery, on the date of confirmed telefacsimile
transmission provided a hard copy of such notice is deposited in the U.S. mail addressed
to the recipient within twenty -four hours following the telefacsimile transmission, or on
the date when deposited in the U.S. Mail, registered or certified mail, postage prepaid,
return receipt requested, and addressed as follows:
If to CITY: United CITY of Yorkville
Attn: CITY Cleric
800 Game Farm Road
Yorkville, Il 60560
Fax: (630) 553 -7575
with a copy attention to
Kathleen Field Orr, City Attorney
800 Game Farm Road
Yorkville, I160560
Fax: (630) 553 -7575
If to PULTE: Bernard F. Pallardy
Pulte Home Corporation
1901 N. Roselle Road, Suite 1000
Schaumburg, Illinois 60195
Fax: (847) 230 -5438
F. Severability: The invalidity or unenforceability of any of the provisions
hereof, or any charge imposed as to any portion of the Benefited Properties, shall not affect the
validity or enforceability of the remainder of this Agreement or the charges imposed hereunder.
G. Complete Agreement: This Agreement contains all the terms and
conditions agreed upon by the parties hereto and no other prior agreement, excepting the
Annexation Agreement, regarding the subject matter of this Agreement shall be deemed to exist
to bind the parties. This Agreement shall be governed by the laws of the State of Illinois.
H. Captions and Parap-raoh Headings: Captions and paragraph headings
incorporated herein are for convenience only and are not part of this Agreement, and further shall
not be used to construe the terms hereof.
I. Recitals and Exhibits: The recitals set forth at the beginning of this
Agreement and the exhibits attached hereto are hereby incorporated into this Agreement and
made a part of the substance hereof.
J. Enforceability: This Agreement shall be enforceable in the Circuit Court of
Kendall County by any of the parties hereto by an appropriate action of law or in equity to secure
the performance of the covenants herein contained.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals as
of the date first above written.
Pulte Home Corporation: CITY:
UNITED CITY OF YORKVILLE,
an Illinois municipal corporation
By: By: 14 4
Mayor
Title: Vice President
Attest:
Dated: �s�o1 Y C k
EXHIBITS:
A Grande Reserve Developer Letter of Consent /Acknowledgement
(C 1>
QUITCLAIM ASSIGNMENT OF RECOVERY RIGHTS
This QUITCLAIM ASSIGNMENT OF RECOVERY RIGHTS (this
"Assip-nment ") dated as of September [T, 2009 is made by the undersigned.
RECITALS
WHEREAS, MPI -2 Yorkville North LLC, MPI -2 Yorkville Central LLC, MPI -2
Yorkville South I LLC (collectively, the "Original Owners "), MPI -2 Yorkville North LLC, MPI -
2 Yorkville Central LLC and MPI -2 Yorkville South I LLC, and the United City of Yorkville
(the " City ") entered into that certain Annexation Agreement and Planned Unit Development
Agreement (the "Grand Reserve Annexation Agreement "), dated on or about August 14, 2003
relating to certain parcels of real estate as described more fully therein (the "Grand Reserve
Subdivision ").
WHEREAS, R. I. Waterman Properties, Inc., a Delaware corporation (the
"Assignor ") has succeeded to the interest of the Original Owners in the Grand Reserve
Subdivision.
WHEREAS, Pulte Home Corporation ( " Pulte ") is the owner and developer of a
certain real estate development, commonly known as the Autumn Creek Subdivision, located
within the City and adjacent to the Grand Reserve Subdivision ( "Autumn Creek").
WHEREAS, Exhibit I, Section C of the Grand Reserve Annexation Agreement
provides for the construction of certain water facilities and systems within the Grand Reserve
Subdivision and off -site, specifically, a half million gallon water tower, two wells, two off -site
watermain extensions, a raw watermain and a water treatment facility, at a total cost of
$8,879,000 (the "Water Facilities ").
WHEREAS, in consideration of the construction of the Water Facilities, the
Grand Reserve Annexation Agreement provides for reimbursement of the costs of the Water
Facilities through the waiver of water tap fees in the amount of $2,200 for each multifamily unit
and $2,600 for all other residential taps ( "Tap Fee Waivers ").
WHEREAS, in connection with the development of Autumn Creek, Pulte
constructed the two off -site watermain extensions and the raw watermain portion of the Water
Facilities. Specifically, this work is described as the installation of a 16" DIP with poly wrap
water main from the rear yard of lot 44 in the Autumn Creek Subdivision to valve vault #2 of the
Grand Reserve Subdivision including fire hydrants per the plan designed by Engineering
Enterprises dated April 3, 2009 (the " Work ").
WHEREAS Pulte completed the Work at a cost of $192,643.70 (the
"Reimbursement Amount ").
5251985.3 09050635
i
AND WHEREAS, the undersigned wishes to quitclaim to Pulte the undersigned's
rights and interests in Tap Fee Waivers for Autumn Creek, if any, up to a total of the
Reimbursement Amount.
NOW, THEREFORE, in consideration of the foregoing recitals and mutual
covenants hereinafter set forth, and for other good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged by the parties hereto, the parties hereby agree as
follows:
1. Assignment.
Subject to the terms and conditions of this Assignment, and in consideration of the
payment by Pulte to the Assignor of One Dollar, receipt of which is hereby acknowledged by the
Assignor, the Assignor hereby quitclaims, transfers and assigns to Pulte, and Pulte hereby
accepts from the Assignor, without recourse and without representation or warranty, all of the
Assignor's rights and interest in and to Tap Fee Waivers for Autumn Creek up to, and including,
the Reimbursement Amount.
2. Payment of Recovery Costs.
Pulte shall receive from the City waiver of 50% of the tap fees, which are due and
payable at the time of the building permit payment, in the form of Tap Fee Waivers for units in
Autumn Creek. The 50% reduction in tap fees payable will be in the amount of $1,330 for single
family detached units and $1,140 for attached units. Accumulation of Tap Fee Waivers shall
commence at the date of this Assignment and continue until Pulte has received the full
Reimbursement Amount.
Governinia Law. This Assignment shall be governed by the and construed in accordance
with the laws of the State of Illinois.
[SIGNATURE PAGE FOLLOWS]
5251985.3 09050635
i
i
IN WITNESS WHEREOF, the Assignor has caused this Assignment to be executed and
delivered as of the date first above written.
R. I. Waterman Properties, Inc.,
a DelawargorpraKo
By: Name: r � P. Title: t , ,fo 0_�
Notwithstanding any provision to the contrary in the Assignment or in the Grand Reserve
Annexation Agreement, and effective upon the date first above written, the City hereby
consents to (and waives any breach of, or arising by reason of) Assignor's quitclaim
assignment to Pulte of the Reimbursement Amount in accordance with the terms hereof.
UNITED CITY OF YORKVILLE,
an Illinois municipal corporation
By:
Name: v ALEkIE- ,KURD
Title: M.AyDR
Atte
Nam T
Title:
�
5251985.3 09050635
LEGAL bESCP, l9T►o
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.
PARCEL 2:
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
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:
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.
PARCEL 5:
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
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 ?LONG 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.
CHOI/ 12426210.1