HomeMy WebLinkAbout03-194 (2) Resolution No. 03-194
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH
THE VILLAGE OF BARTLETT, BLUFF CITY MATERIALS, INC. ,
GIFFORD 300, L.L.C. , BLUFF CITY, L.L.0 AND
SOUTHWIND FINANCIAL, LTD.
(West of State Route 25 and South of U. S . Route 20)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be
and are hereby authorized and directed to execute a
Intergovernmental Agreement on behalf of the City of Elgin with the
Village of Bartlett, Bluff City Materials, Inc . , Gifford 300,
L.L.C. , Bluff City, L.L.C. and Southwind Financial, Ltd. to permit
a subterranean mining operation on property located west of State
Route 25 and south of U.S . Route 20, a copy of which is attached
hereto and made a part hereof by reference.
s/ Ed Schock
Ed Schock, Mayor
Presented: June 25, 2003
Adopted: June 25, 2003
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
INTERGOVERNMENTAL AGREEMENT AND COVENANT
THIS INTERGOVERNMENTAL AGREEMENT AND COVENANT (this "Agreement") is made
and entered into as of the_day of , 2003 by and between the CITY OF ELGIN, an
Illinois municipal corporation(hereinafter referred to as 'Elgin"), the VILLAGE OF BARTLETT, an
Illinois municipal corporation(hereinafter referred to as 'Bartlett"), Bluff City Materials, Inc., an Illinois
corporation("Bluff City"), Gifford 300, LLC, an Illinois limited liability company(Gifford 300"), Bluff
City, LLC, an Illinois limited liability company("City LLC")and Southwind Financial, Ltd, an Illinois
corporation("Southwind").
WITNESSETH
WHEREAS, Article 7, Section 10 of the Constitution of the State of Illinois, 1970, authorizes units of
local government, including municipalities,to enter into contracts to exercise, combine or transfer any power
or function not prohibited to them by law or ordinance; and
WHEREAS, Illinois Compiled Statutes, Chapter 5, Section 220/1 et seq., known as the
Intergovernmental Cooperation Act, authorizes units of local government in Illinois to exercise jointly with
any other public agency within the state, including other units of local government, any power,privilege, or
authority which may be exercised by a unit of local government individually and to enter into contracts for
the performance of governmental services, activities and undertakings; and
WHEREAS, Bluff City and Gifford 300 (hereinafter collectively called the "Elgin Owner") are the
owners of record of a certain parcel of real property containing approximately 347 acres described in Exhibit
"A"which is attached hereto and made a part hereof(which real property, for convenience, is hereafter
referred to as the"Elgin Property"). The Elgin Property is currently within the corporate limits of Elgin, and
is also contiguous to the Bartlett Property(hereafter defined); and
WHEREAS, City LLC and Southwind(hereinafter collectively called the`Bartlett Owner") are the
owners of record of the real property containing approximately 311 acres described in Exhibit`B" attached
hereto and made a part hereof(which real property, for convenience, is hereafter referred to as the`Bartlett
Property"). The Bartlett Property is currently in unincorporated Cook and Kane Counties, Illinois; and
WHEREAS,the Elgin Owner and the Bartlett Owner are affiliated companies and thus are
hereinafter collectively called the"Owner"; and
WHEREAS, Owner has petitioned Elgin for the approval of one or more ordinances authorizing the
conduct of Subterranean Mining(as hereafter defined) on the Elgin Property; and
WHEREAS, Owner has petitioned Bartlett for the approval of one or more ordinances annexing the
Bartlett Property and authorizing the conduct of Subterranean Mining (as hereafter defined) on the Bartlett
Property; and
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WHEREAS,Bluff City(or its subcontractors, sublessees, or the respective Owners' lessee(s)) is
anticipated to be the company that will conduct Subterranean Mining on both the Elgin Property and the
Bartlett Property under its agreements with the Elgin Owner and the Bartlett Owner; and
WHEREAS, Elgin and Bartlett agree that if they each approve Subterranean Mining on the Elgin and
Bartlett Properties (respectively),then it would be mutually beneficial to Elgin and Bartlett that(i)they each
collect Subterranean Mining Royalties (as hereafter defined) from the party conducting such Subterranean
Mining and(b) they agree to Royalty Sharing(as hereafter defined); and
WHEREAS, Elgin and Bartlett are each home rule units which may lawfully exercise any power or
perform any function relating to its government and affairs; and
WHEREAS, the various undertakings by Elgin and by Bartlett in this Agreement relate to the
respective government and affairs of Elgin and Bartlett.
NOW, THEREFORE, for and in consideration of the mutual promises and undertakings set forth
herein, and for other good and valuable consideration,the receipt and sufficiency of which are hereby
acknowledged,the parties hereto agree as follows:
DEFINITIONS
"Subterranean Mining"means "Subterranean Mining" shall mean the conduct, at depths not less than
approximately 250 feet below the surface of the ground, of mining and removal of limestone, galena, gravel,
sand and other minerals(collectively"Resources"),via blasting and other means, and, as incidental or
accessory operations to the foregoing or in connection therewith(i)the stockpiling and sale, at wholesale or
retail, of the Resources; (ii)the screening, crushing,mixing, washing, grinding and storage of the Resources
in connection with the preparation of the same for sale; (iii)the construction,maintenance and operation of
such buildings, structures, conveyors, and other moveable and immovable equipment necessary to carry out
the foregoing, including underground passages, shafts or entries through, to and from other mines and lands
adjacent to or on the property, (iv)the storage of explosives and such other equipment necessary to carry out
the mining, (v)the establishment of subterranean offices, equipment storage and equipment repair facilities,
and(vi)the establishment on the surface of secondary processing equipment, stockpiles of processed
Resources, and scales and offices used in connection with the sale of such Resources. Blasting on the surface
shall be permitted only to the extent required to construct the"portal" leading from the surface to the
subterranean mining operation.
"Subterranean Mining Royalties" shall have the meaning as set forth in paragraph 1.4(b)below;
"Royalty Sharing" shall have the meaning as set forth in paragraph 1.4(c)below.
AGREEMENT
I. ZONING CONSIDERATION: ROYALTIES
1.1 The Owner has filed(a)with Elgin one or more applications(the "Elgin Mining
Application") seeking its approval of the conduct of Subterranean Mining on the Elgin
Property and(b)with Bartlett, one or more applications (the`Bartlett Annexation and Mining
FALegal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc 2
Application") seeking the annexation by Bartlett and its approval of the and the conduct of
Subterranean Mining on the Bartlett Property.
1.2 Elgin hereby agrees to administratively process and consider in good faith and without undue
delay the Elgin Mining Application filed by Owner. Elgin shall promptly notify Bartlett in
writing of the action taken by Elgin's corporate authorities in granting or denying the Elgin
Mining Application.
1.3 Bartlett hereby agrees to administratively process and consider in good faith and without
undue delay the Bartlett Annexation and Mining Application filed by Owner. Bartlett shall
promptly notify Elgin in writing of the action taken by Bartlett's corporate authorities in
granting or denying the Bartlett Annexation and Mining Application.
1.4 If Elgin approves Subterranean Mining pursuant to the Elgin Mining Application and Bartlett
approves Subterranean Mining pursuant to the Bartlett Annexation and Mining Application,
then Elgin and Bartlett agree as follows:
(a) Elgin and Bartlett shall each require that the party or parties that may, from time to
time,be conducting the Subterranean Mining activities on the Elgin Property and on
the Bartlett Property(hereinafter called the "Mining Operator") shall be required to
pay all Subterranean Mining Royalties (as hereafter defined) to each of Elgin and
Bartlett in the manner prescribed in subparagraph 1(c)below.
(b) The term"Subterranean Mining Royalty" shall mean a royalty equal to the product of
(i) 1 %2%(.015)multiplied by(ii)the Mining Operator's Net Subterranean Mining
Imputed Sales Revenue (as hereafter defined).
(c) The term"Net Subterranean Mining Imputed Sales Revenue"means:
A Sales to Third Parties Consummated at the El
( ) Arms-length in th g g
Property and/or Bartlett Property: In the case of sales of
Resources extracted through the conduct of Subterranean Mining under
the Elgin Property and/or Bartlett Property and sold at arms length to
a third party purchaser, the Net Subterranean Mining Imputed Sales
Revenue shall equal (1) gross sales price billed by the Mining Operator
to the third-party less(2) all taxes, freight, shipping and customer
allowances, and such Net Subterranean Mining Imputed Sales Revenue
shall be deemed to have been received by the Mining Operator on the
date such Resources leave the confines of both the Elgin Property and
the Bartlett Property. If the Mining Operator sells the said Resources to
(A)the Owner or(B) an affiliate of the Owner or Mining Operator(in
either case an"Intermediary") and such Intermediary re-sells the
Resources to the ultimate third party purchaser, then the Net
Subterranean Mining Imputed Sales Revenue shall be based upon(x)
gross sales price billed by the Intermediary to the third-party less(y) all
taxes, freight, shipping and customer allowances;
FALegal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc 3
(B) Dispositions Not Involving Sales at Arms-length: In the case of the
disposition of saleable Resources extracted through the conduct of
Subterranean Mining under the Elgin Property and/or Bartlett
Property other than by way of sale (such as,by way of example only,
through exchange,barter, or gift)but excluding those Resources used
in on-site construction or maintenance, the Net Subterranean Mining
Imputed Sales Revenue shall be deemed to equal the product of(1)the
average sales price per ton enjoyed by the Mining Operator from the
arms length sale of similar Resources to third party purchasers of
similar-sized orders of such Resources during the preceding 12 months
multiplied by(2)the tonnage of such Resources which is shipped off
the confines of both the Elgin Property and the Bartlett Property; it
being the intention of the parties that Elgin shall be entitled to receive
Subterranean Mining Royalties whenever such saleable Resources are
removed from the confines of both the Elgin Property and the Bartlett
Property even though not by way of traditional sale.
(C) Sales of Resources From Other Business Sites of the Mining
Operator: In the case of the disposition of Resources (i) extracted
through the conduct of Subterranean Mining under the Elgin Property
and/or Bartlett Property other than to a third party purchaser and(ii)
shipped to an off-site sales yard operated by the Mining Operator for
sale from such off-site location, the Net Subterranean Mining Imputed
Sales Revenue shall be determined as follows:
(1) if such Resources are sold within six (6) months of being removed
from the Elgin Property and Bartlett Property, then the Net
Subterranean Mining Imputed Sales Revenue shall be determined
on the date of such sale in the manner provided in subparagraph(A)
above; and otherwise
(2) if such Resources are not sold within six (6)months of being
removed from the Elgin Property and Bartlett Property, then the Net
Subterranean Mining Imputed Sales Revenue shall be determined
as of the first day of the seventh(7th)month in the manner provided
in subparagraph(B) above.
(d) Subterranean Mining Royalties payable by any and all Mining Operators to either of
Elgin or Bartlett(or to both municipalities) shall be shared as follows(hereinafter
called"Royalty Sharing"):
(i) It is agreed that for the first five(5) years following the date on which
Resources are first extracted from a depth of below 250 feet on either the Elgin
Property or the Bartlett Property(such date being hereinafter called the
"Subterranean Mining Commencement Date"), all Subterranean Mining
Royalties received by either Elgin or Bartlett shall be shared two-thirds
(2/3rds)to Bartlett and one-third(1/3rd)to Elgin. The Owner shall notify Elgin
FALegal DeptWgreement\Bluff City Materials Intergovernmental Agr.doc 4
and Bartlett in writing on the date that Resources are first extracted from a
depth of below 250 feet on either the Elgin Property or the Bartlett Property.
(ii) Commencing with the first day of the sixth(6th) year following the
Subterranean Mining Commencement Date, and continuing through the fifty-
second(52nd) year following the Subterranean Mining Commencement Date,
all Subterranean Mining Royalties received by either Elgin or Bartlett shall be
shared one-half(1/2)to Bartlett and one-half(1/2)to Elgin.
(iii) Commencing with the first day of the fifty-third(53`d) year following the
Subterranean Mining Commencement Date, and continuing through the fifty-
seventh(57th) year following the Subterranean Mining Commencement Date
while Subterranean Mining shall continue on either or both of the Elgin
Property and/or the Bartlett Property all Subterranean Mining Royalties
received by either Elgin or Bartlett shall be shared two-thirds (2/3rds)to Elgin
and one-third(1/3rd)to Bartlett.
(iv) Commencing with the first day of the fifty-eighth(58th) year following the
Subterranean Mining Commencement Date, and continuing while
Subterranean Mining shall continue on either or both of the Elgin Property or
the Bartlett Property, all Subterranean Mining Royalties received by either
Elgin or Bartlett shall be shared one-half(1/2)to Bartlett and one-half(1/2)to
Elgin.
(v) Elgin and Bartlett expressly acknowledge and agree that(A) imbalances will
predictably occur in the amount of Subterranean Mining that may, at any one
time, or from time to time,be occurring within the Elgin Property and/or
Bartlett Property, and accordingly(B)Royalty Sharing in the manner provided
for herein will generally flatten revenue fluctuations for both municipalities to
their individual and mutual best interests.
(vi) Elgin and Bartlett also expressly acknowledge and agree that if either of them,
after first approving the conduct of Subterranean Mining, later terminates the
right to conduct such Subterranean Mining on either of the Elgin Property or
the Bartlett Property(as the case may be) then such municipality so
terminating such right to conduct Subterranean Mining shall waive all rights to
receive any further Royalty Sharing from the other municipality and, instead,
only the municipality which permits Subterranean Mining shall have any right
to receive Subterranean Mining Royalties.
(e) To secure the payment of the Subterranean Mining Royalties to Elgin and Bartlett as
provided herein,the Owner shall:
(i) record against the Elgin Property and the Bartlett Property a covenant(the
"Royalty Covenant")which shall run with title to the land and which
memorializes the obligation of any Mining Operator to pay Subterranean
Mining Royalties as provided herein. Elgin and Bartlett agree that said
Royalty Covenant shall not be deemed to be an obligation upon any party(1)
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to whom the current Owner may sell the Elgin Property or Bartlett Property, or
any portion of either of same("New Owner") and (2)who does not have any
financial interest in the Subterranean Mining occurring thereon;provided,
however,that the Royalty Covenant shall continue to be a binding obligation
upon any person or entity that continues to, or thereafter conducts, any
Subterranean Mining on the Elgin Property or Bartlett Property, or either of
same.
(ii) include in any lease or subcontract agreement the Owner may enter into with a
Mining Operator in connection with Subterranean Mining("Mining
Agreement") specific provisions (A) obligating the Mining Operator to pay the
Subterranean Mining Royalty directly to Elgin and Bartlett to the extent
payable under such Mining Agreement, and(B)making Elgin and Bartlett
third party beneficiaries of any such Mining Agreement with the right to
enforce the payment of the Subterranean Mining Royalties as against the
Mining Operator to the extent payable under such Mining Agreement.
(f) Owner hereby further covenants,represents and agrees as follows:
(i) Owner is agreeing to pay the Subterranean Mining Royalties as an inducement
to Elgin and Bartlett to enter into this Intergovernmental Agreement and to
zone the Elgin Property and Bartlett Property in order to allow blasting on and
under the Elgin Property and Bartlett Property in connection with Subterranean
Mining; and
(ii) Owner further acknowledges and agrees that(A) the imposition of the
Subterranean Mining Royalties by Elgin and Bartlett is not motivated by the
desire to merely raise revenue,but, instead, (B) such Subterranean Mining
Royalties bear a reasonable relationship to the costs anticipated to be incurred
in maintaining public safety by Elgin and Bartlett in connection with the
regulation and administration of the Subterranean Mining within their
respective corporate boundaries; and
(iii) The Owner, for itself and its successors, assigns, grantees, licensees and tenants,
hereby waives and releases any claim it may have, or allege to have,to challenge
the propriety/legality of the Subterranean Mining Royalties; and
(iv) The Owner, for itself and its successors, assigns, grantees, licensees and tenants
hereby covenants and agrees that in consideration of this Agreement neither the
Owner nor its successors, assigns, grantees, licensees or tenants shall directly or
indirectly sue Elgin or Bartlett in an effort to have declared invalid,or to
otherwise eliminate or modify,the requirement contained herein that
Subterranean Mining Royalties shall be payable to Elgin and Bartlett as provided
herein. (The covenant and agreement of the Owner as set forth in the preceding
sentence shall hereinafter be called the "Covenant Not To Sue"). The parties
hereto understand and agree that the Owner's Covenant Not To Sue as stated
herein is a material inducement to Elgin and Bartlett's agreement to enter into
this Agreement and is freely and voluntarily given.
FALegal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc 6
i
(v) The Owner hereby agrees to insert into any lease or license agreement that it
may enter into with a third party in connection with the conduct of
Subterranean Mining on the Elgin Property and Bartlett Property provisions
referring to and incorporating the provisions of this subparagraph 1.4(f) so as
to make same binding on such third party.
1.5 If(a)the Owner withdraws the Elgin Development Application prior to approval thereof by
Elgin, or(b) Elgin does not approve same, then in either event Elgin shall not be entitled to
any Royalty Sharing from Bartlett hereunder.
1.6 Similarly, if(a)the Owner withdraws the Bartlett Annexation and Development Application
prior to approval thereof by Bartlett, or(b)Bartlett does not approve same, then Bartlett shall
not be entitled to any Royalty Sharing from Elgin hereunder.
II. GENERAL PROVISIONS
2.1 This Agreement shall be binding upon and inure to the benefit of Elgin and Bartlett and their
respective successors and assigns.
2.2 This Agreement shall not be construed or interpreted as a precedent for any other property or
other purpose.
2.3 Each party hereto represents to the other that it has full knowledge as to all material matters
bearing on the respective positions and obligations that are addressed by this Agreement and
acknowledges the reliance of the other party on the representations and undertakings set forth
herein in entering into this Agreement.
2.4 This Agreement embodies the entire agreement of the parties with respect to the subject
matter hereof. There are no promises, terns, conditions or obligations other than those
contained herein. This Agreement shall not be modified except with the written consent of
Elgin and Bartlett.
2.5 Neither Elgin nor Bartlett shall be under any obligation to approve the Elgin Development
Application or the Bartlett Annexation and Development Application. Neither party shall be
under any obligation to exercise any of the rights granted to it in this Agreement except as it
shall determine to be in its best interest from time to time. Except as otherwise expressly
provided herein, the failure of any party to exercise at any time any such right shall not be
deemed or construed a waiver thereof, nor shall such failure void or adversely affect such
party's right to enforce such right or any other right. However,nothing contained in this
paragraph 2.5 shall relieve either party of its obligations hereunder.
2.6 Unless expressly provided to the contrary in this Agreement, each and every one of the rights,
remedies and benefits provided by this Agreement shall be cumulative and shall not be
exclusive of any other such rights, remedies and benefits allowed by law.
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2.7 This Agreement is and shall be deemed and construed to be the joint and collective work
product of Elgin,Bartlett and Bluff City and the Owner and, as such, this Agreement shall not
be construed against either party, as the otherwise purported drafter of same,by any court of
competent jurisdiction and order resolving any inconsistency, any ambiguity, vagueness or
conflict in the terms or provisions, if any, contained herein.
2.8 This Agreement shall be enforceable in a court of competent jurisdiction by any of the parties,
by an appropriate action at law or in equity to secure the performance of the covenants herein
described. If any clause or provision of this Agreement is determined to be illegal, invalid, or
unenforceable under present or future laws, the remainder of this Agreement shall not be
affected by such determination, and in lieu of each clause or provision that is determined to be
illegal, invalid or unenforceable, there shall be added as a part of this Agreement a clause or
provision as similar in terms to such illegal, invalid or unenforceable clause or provision as
may be possible and be legal, valid and enforceable. If the Owner or the Mining Operator
legally challenge the validity of the covenant contained herein requiring the payment of
Mining Royalties and such covenant is declared invalid, then Elgin and/or Bartlett shall be
entitled to a preliminary and permanent injunction prohibiting any further Subterranean
Mining(and surface activities in support thereof) on the Elgin Property or Bartlett Property.
The parties hereto agree to litigate any and all disputes arising out of or in connection with
this Agreement in the Circuit Court of Cook County, Illinois, and by executing this
Agreement each parties agrees that such Court shall be the proper and exclusive venue for any
such proceeding.
2.9 This Agreement may be executed in multiple counterparts, all of which,together, shall
constitute one and the same agreement. Further, photocopies, facsimile transmissions and
other reproductions of this Agreement and/or the signatures hereon shall be the equivalent of
originals.
2.10 No party shall be deemed to be in breach of its obligations hereunder unless (i)written notice
of the alleged breach is first given to such party allegedly in default(the"Defaulting Party")
and(ii)the Defaulting Party fails to correct such alleged breach within 30 days of the date of
such notice. Without limiting the generality of the foregoing,because it is anticipated that the
Mining Operator will be calculating and making payments of Subterranean Mining Royalties
directly to Elgin and Bartlett, it is further agreed that notice of any failure by the Mining
Operator to make such payments shall be given to Owner and the Mining Operator.
2.11 Elgin and Bartlett shall have the right to review or audit the Mining Operator's
records pertaining to its Net Subterranean Mining Imputed Sales Revenue not more
frequently than once each calendar quarter at the Mining Operator's offices located
in the Chicagoland area. The payment of the Subterranean Mining Royalty shall be
made within 60 days following the close of each calendar quarter.
2.12 Any failure on the part of a Mining Operator to pay to Elgin or Bartlett all Subterranean
Royalties required under this Agreement shall hereinafter be called a"Royalty Deficiency".
Elgin and Bartlett each agree that:
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(a) it shall not have the right to assert any claim ("Royalty Deficiency Claim") or take
any other action against the Owner or the Mining Operator that extracted and
sold the Resources, or the Owner's zoning entitlements with respect to any
Royalty Deficiency on the part of the Mining Operator that pertain to Net
Subterranean Mining Imputed Sales Revenue generated by such Mining Operator
more than five (5) years prior to the assertion of the Royalty Deficiency Claim;
and
(b) If the Owner notifies Elgin and Bartlett in writing that the existing Mining
Operator ("Existing Operator") has or will be replaced (hereinafter called an
"Operator Change Notice") then neither Elgin nor Bartlett shall have the right to
assert any Royalty Deficiency Claim, or take any other action against the Owner
or the Mining Operator that extracted and sold the Resources, or the Owner's
zoning entitlements,with respect to any Royalty Deficiency on the part of the
Existing Operator unless such Royalty Deficiency Claim is asserted within six (6)
months of the Operator Change Notice, and in such case the Royalty Deficiency
Claim shall not pertain to Net Subterranean Mining Imputed Sales Revenue
generated by such Mining Operator more than five (5) years prior to the assertion
of the Royalty Deficiency Claim .
2.13 In any action or proceeding between the parties arising out of or in connection with this
Agreement or the breach or enforcement hereof, the party(ies)prevailing in such proceeding
shall be entitled to recover its/their costs and expenses, including, without limitation,
reasonable attorneys' fees, from the non-prevailing party(ies).
2.14 The parties agree to cooperate in good faith in recording against the Elgin Property and the
Bartlett Property a memorandum of this Agreement.
[signature page follows]
FALegal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc 9
IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement on the
date and year first written above.
THE CITY ELGIN, an Illinois municipal corporation
By:
Ed Schock, Mayor
Attest:
Dolonna Mecum, City Clerk
THE VILLAGE OF BARTLETT, an Illinois municipal corporation
By:
Catherine J. Melchert, President
Attest:
Linda Gallien, Village Clerk
BLUFF CITY MATERIALS,INC.,an Illinois corporation
By:
,President
FALegal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc 10
GIFFORD 300,LLC, an Illinois limited liability company
By:
Southwind Financial,Ltd., an Illinois corporation
By:
BLUFF CITY,LLC, an Illinois limited liability company
By:
FAL.egal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc 11
r
EXHIBIT A
Elgin Property Legal Description
F:U.egal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc 12
r
EXHIBIT B
Bartlett Property--Legal Description
I
FALegal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc 13
JUN. 25. 2003 4:55PM COPART N0. 4075 P. 2
CITY OF ELGrIN, BLUFF CITY MATERIALS, INC.
a municipal corporation an Illinois corporation
By By: 1k, ,J
Ed Schock,Mayor Deh6W. Kelley, Vice-Pres' e
Attest: GIFFORD 300, LLC
an Illinois h it liability com
By: �— &
Ci
Delorma Mecum, ty Clerk Dean W. Kelley,Manager
COPART, INC.
A California c ration
By:
Its:
CAWWDOWS\Tempomry Intemet Files\Cantent.IE5\T4CN5nH\Drvelopment Ageement-vla-mdtine.doc l 5
EXHIBIT 1
LEGAL DESCRIPTION OF BARTLETT PROPERTY
W:\WORK\32279\Development Ageement-vl5.doc
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15,1950 PER OC}CUMENT665117;THENCE-GOVTH 97 OEGRf-S 54 L41NUTVS 0 SECONDS VIE'ST,
881A FEET ALONG SAID SOUTHEKLY LINE OF THE PARCEL OF LAND RECORDED A0005T 15,
1950 PER 0=1VISN7 OW 17 TO THE CENTER LIN E OF STATE ROu7E NO.2b;THENCE
SOUTHERLY ALONG S.✓O CENTER LINT=,113.08 FEET;THENCE GOUT1HfASTERLY ALONe A•
LINE WHICH FORMS AN ANGLE OF 60 DEGREES ST MINUTES 17 5ECONDS TO THE 1-97-
NTH THE PROLONGATION OF THE LAST DE..SC MBED COURSE, 37.74 FL_ET TO T JF EA57ERLY
RIGHT OF WAY LINE aF STATE ROUTE 25 TID THE NOFi rHWEST MRIVER OF THE PARCEL
RECORDED OCTOSER 12,1999 PER DOCUMENT 1209097128;THENCE CONTINUING
SDM"9AS ERLY ALONG THE LAST DESORiBW COUP4E.124-W FEETALONG SAID PARCEL
RECORDED OCT09ER 12,1898 PER DOOLWENF 1nlODKM71M'K5NOE SUUTHE►STERLY AND
EASTERLY ALONG A CURVE TO THE LEFT HAA/ANG A RAVKIS OF 970.70 FEET AND BEING
TANGENT TD THE LAST DISSMiSED COURSE, 251.07 FEETALONG SAID PARCU RECORDED
OC BLK 12,1990 PM DOCMENT 1909K097128;THENCE EASTERLY TANGENT TO THE LAST
VESCR1BED CURVE. 10126 FEET ALONA RAID PARCEL RECORDED OCTOBER 1Z,1999 PER
DOCUMENT 1959K097129:THENCE EASTERLY ALONG A CURVE TO THE RIGHT HAYING A
RADIUS OF 8113.1E flkFiTAW 9HNG TANGENT TO THE LAST DESCRIBED COURSE, 118.18
FEET ALONG SAID PARCEL RECORDED OCTOBER iZ 1999 PER DOCUMENT 19Q9097128;
THENCE EASTERLY TANUfNT TO THE LAST DESCRIBED GURVF- 16.15 FEETALIONG SAID
PARCEL RECORDED OCTOBER 12.1999 PER DQCLIMENT I809KN7128 TO THE WEST L.WE OF THE
PARCEL RECORDED OCTOBrk 26,1898 PER DOCUMENT 98KNW47;THENCE NORTH,2Z15 FEET
TO THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 2riALONG SAID WEST LINE
OF A PARCEL RECORDED OCTOBER n,19BB PER DOCUMENT 9eI0D9 W TO THE NORTH UNE OF
SAID PARCEL RECuRuED OCTOWA 26,18SB PER DOCUMENT 9M 09W,4-r THVNCr:EAST ALONG
SAID NORTH LINE OF THE SOUTHEAST QUARTER OF SECTION 25 ALONG THE NORTH LINE SAID
PARCEL RFC.ORDED OCTOBER 29.1999 PER DO"MENT DaKD98641,960.79 FEET TO THE
NORTHF ST CORNER Oig THE BvUTHEAST QUARTER OF SAID 5vCTION 25.THENCE
NORTHMLY,287.15 FF_i'T ALONG SAID EAST LINE OF SECTION 26 TO THE POINT OF BEGINNINd;
ALL IN K ANE GCUNTY,ILLINOIS,
THAT' PAIN OF SEC ivN 30.TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED AS FOLLOWS: LYING SOUTH OF THE BWTH RIGHT OF WAY LINE OF
THE Ct1►CAGO.WLWAUKEF, ST_ PAUL AND PACIPiC RAILROAD; EAST OF THE WEST LW OF
SAID SECTION 30;14OR-M OF THE SOUTH 1600.00 FEET OF SND SECTION So-WEST OF A LINE
BEING PERPENDICULAR TO SAIO NORTH LINE OF THE SOUTH 1600.00 FEET OF SAID SECTION
30 AND 260BA2 FEET WE.STBZLY OF THE CEW-ERI.INE OF GIFEORD ROAD AS MFASURW
ALONG"D NORTM UNE OF THE SOUTH 1800.00 FEET OF SAID SECTION 3R EXCEPTING THAT
PART OF THE SOUTHVJE�T QUARTER OF SECTION W,TOVMSKIP 41 NORTH, RANT-*9 EAST
OF THE THIRD PRINCIPAL NEi1DIAK DESCROW AS FOLLOWs: SIRG uNING AT THE
NDRTHE AST CORNER OF THE SOUTHEAST QUARTER OF SECTION 75.TOWNWP All NORTH,
RANG&8 EAST OF THE-"RD PRINCPAL MERIDIAN,KANE COUNTY,ILLINOtS;THENCE S9U17♦i
8g OEGRragu 21 MINUTES 69 SECONDS CAST ALONG-THE EASTERLY EXTIENSION OF THE
NORTH LINE OF SAID SOUTHEAST QUARTER.A DISTANGt'OF 456_0 f� FsT; THENCE SOUTH(11
DEGREE 45 MINUTES'20 SCCONDS WEST 1111.33 FEET TO A LINE 15110.0 FEET NORTH OF AND
PA"LLEA- WfTH THE SOUTH LINE OF SAID SOIETHYWE5T QUARTER " IuEASURED
PERPENNCULAR To SAJD SOUTH UK); TIiIFNCE NORTH 99 DEGREES o5 MINUTES 1e
sMONDS WEFT ALONG SAID PARALLEL UNE, 4-fa 0 FEET TO THE WEST LINE. OF SAAD
SOUTHWEST QUARTER;THENCL NORTH 01 DEGREE 46 MINUTES 35 sMOND'S EAST ALONG
SAID wE6T uNE, 11o9.12 F ET 7O THE PONT OF BEGINNING ALSO AND EXCEPTING THAT
I
PART OF THE SOUTHiWESY CIUART99 OF 5PC ION 30, TOWNSHIP 41 NORTH, RANGE V LAST
OF THE TH1RO PRINCIPAL MERIDIAN, DEFSMSED A5 F011DWS: COWDICINO AT THE
NORTHEAST CORNER OF THE GOUTHEAST QUARTM OF SE'GT N 25,TOWNS4P 41 NORTK
RANGE a FAST OF THE TI-HRO PR NCIPAL 6AERbAN.K/WE OOUKTY,ILUNM.-1-14ENCE SOUTH
ea DEGREES 21 MINUTES S9 SECONDS EA$T ALONG THE EASTERLY EXTENSION OF THE
aORTH LINE OF SAD SOUTHEAST QUARTER, 4--6.0 FEET S)R TK9 MINT OF BEGINNING;
THENCE CONTINUING SOUTH as L*(%RES 21 MNUTES-59 SECONDS FAST,A DISTANCE OF
76Z.TA BEET;-MeCE SOUTH 01 DEGREE 45 WNUTE:5 28 SECO.NDS 1NEsr I115.12 FEET TO A
LINE 75Do.o FEET NORTH of AND PARALLeL WITH THE stou- + ONE OF BA;D SOLMV&ST
C UARTER (AS MEASURED PSIP M7ICUL}►R TO GOM SOUTH UK);' THENCE NORTH ag
❑EGRESS 05 IAINUTES 19 SECONDS WFBT ALEONG SAID PARALIk1,UNE 76Z67 FEET,THE-NGE
NORTH 01 DEGREE 45 MINUTES 36:SECONDS EAGT AND PARALLEL TO TKE WEST UNE QF SAID
& MVVEST QUARTER. I I I I 3 FEET TO THE POW OF.BMTNNING.ALL IN COOK COUNTY,
IUIMOIS,
arse] 1
That part of the Southeast 114 of Section 25, Township 41 North, Range S
East of the Third Principal Meridian Iying East of the center line ofRoute 25
and South of a line 1500 feet North o> as measured at right angles to the
South line of said Southeast 1/4 in the Township of Elgin, Kane County,
Illinois.
Pa;rze12
That part of the Northeast 1/4 of Section 36, Township 41 North, Range 8
East of the Third Principal Meridian,described as follows:Beginning at the
Southeast cornea of said Northeast 114;thence Westerly along the South line
of said Northeast 1/4 831.2 feet to a point 544 feet East of,as measured along
said South line, the center line of State Route 25; thence Northerly parallel
to the center line of State Route 25,a distance of 1344.8 feet;thence Westerly
544 feet to a point in the center line of said highway;thence Northerly along
the center line of said State Route 1271.4 feet to the North line of said
Northeast 1/4.thence East along said North line 1497.3 feet to the Northeast
corner of said Section;thence South along the East line of said Northeast 1/4,
2627.4 feet to the point ofbeginning,in the Township ofElOn,Kane County,
Illinois.
I
EXHIBIT 2
DEVELOPMENT APPLICATION
W:\WORK\32279\Development Agreement-vl5.doc
I
•
El Application Number
DErARTMEFrr OF Annexation, Zoning, and Subdivision
CODE A��k
ADNENISTRATION Development Application
Code Administration
City of Elgin
SECOND AMENDED APPLICATION
Subject
Property Address: South of Lake St.: east of Gifford Rd.; west of EJ&E Railroad
(Attach Legal Description)
Present Zoning: GI-General Industrial District Property Size: 347acres
Applicant
Applicant Name: Bluff City Materials, , Inc. c/o Mr. Dean Kelley
Address: 2250 Southwind Blvd.,Bartlett, 1160103
Primary Contact: Dean W. Kelley Day Phone: 630-497-9440
Fax: 630497-3477 E-mail: dwkalic@aol.com
Owner
Owner Name: Bluff City Materials,Inc. and Gifford 300, LLC
Day Phone: 630497-8700
Address: 2252 Southwind Blvd., Bartlett,Il 60103
Requested ❑ Annexation with Annexation Agreement
Action(s) ❑ Annexation without Annexation Agreement
❑ Variation (Specify Section)
X Map Amendment (Specify Requested Zoning)PGI-Planned General Industrial
❑ Conditional Use (Specify Use)
❑ Master Concept Plan
❑ Text Amendment (Specify Section)
❑ Preliminary Plat of Subdivision
❑ Final Plat of Subdivision
❑ Appeal (Specify)
AN Equipment Please indicate if you intend to use the following during the Public Hearing:
❑ Overhead projector
❑ PowerPoint presentation
U\DcbbicS\CnpartZonin�l'ciiiion.doc
❑ PowerPoint presentation
(If applicable: Properties within a Historic District must give the Heritage Commission 30 Days notice prior to Public Hearing)
Application Fee Schedule
Annexation with an Annexation Agreement Preliminary Plat of Subdivision
❑ $ 750.00 Property Less Than 10 Acres ❑ $ 250.00 Property Less Than 10 Acres
❑ $ 1,000.00 Property 10-99.99 Acres ❑ $ 500.00 Property 10-99.99 Acres
❑ $ 1,500.00 Property 100+Acres ❑ $ 750.00 Property 100+ Acres
Annexation without an Annexation Agreement Map Amendment, Conditional Use,
❑ $ 100.00 Property Less Than 10 Acres or Master Concept Plan (MCP)
❑ $ 250.00 Property 10-99.99 Acres ❑ $ 250.00 Property Less Than 10 Acres
❑ $ 500.00 Property 100+Acres ❑ $ 750.00 Property 10-99.99 Acres
X $ 1,000.00 Property 100+ Acres
Variation
❑ $ 50.00 Property Less Than 10,000 sq. ft.
❑ $200.00 Property Greater Than 10,000 sq. ft Hearing Sign Deposit
X $ 135.00per Sign/l Total Number of Signs
Appeal
❑ $ 100.00 All Appeals
Transcript Deposit
Text Amendment X $ 200.00 Amendment, Conditional Use or MCP
❑ $250.00 Text Amendment ❑ $ 100.00 Variation or Appeal
Office Use Only
Application Fee/PNO 10-0000-563-0000 Date Received
Transcript Fee/ PNOI O-0000-237-0600 Received By
Sign Deposit / PNOIO-0000-237-0400 Hearing Date
Total Fees
The Rider attached hereto is a part hereof.
I hereby affirm that I have full legal capacity to authorize the filing of this application and that all information
and exhibits herewith submitted are true and correct to the best of my knowledge. I authorize employees of
the City Of Elgin to enter onto the property for the purposes of preparing the application review and taking
site photo aphs.
Bluff Ci laterials, Inc.
(See separate O%vner's consent attached)
Applic gent signatur /p
Dean W. Kelley, Vice-President Ut
(':\m zipprd\IhvdnrntcnV\grccnt nl-vR\ZuningPcliliun-v�-rttllinrd doc
OWNER'S CONSENT
The undersigned,Bluff City Materials, Inc. and Gifford 300, LLC, being the owners of record of the subject
property, do hereby consent to the filing and processing of the above and foregoing Development Application.
Dated Att, , 2003
Bluff City Materials, Inc.
By:
Its:
Gifford 300,LLC
By:
Its: /C/(G n G y 11
C:\unzipped\DcvelopmcntAgrecment-vR\ZoningPetition-vR-redlined.doc
RIDER
Applicant, Bluff City Materials, Inc.,an Illinois corporation ("Applicant") does hereby submit the following
additional information in support of the Development Application to which this Rider is attached. This Rider is
also intended to serve as Applicant's "Statement of Purpose and Conformance" with respect to the Conditional Use
requested herein.
I. General Background.
1.1 The property which is the subject of this Development Application contains a total of approximately 347
acres and is legally described as on Exhibit A attached hereto (the "Subject Property"). The Subject
Property is composed of five (5) areas labeled "A" though "E"Ohereinafter individually referred to as
"Area A", "Area B", "Area C", "Area D" and "Area F) as depicted on the Site Map attached hereto as
Exhibit B (the"Site Map").
(a) Area A (sometimes hereinafter called the"Copart Parcel") is an approximate 42 acre
parcel to be initially acquired by Copart, Inc. from the Owner. Copan, Inc. intends to
use the surface of the Copart Parcel for automobile storage and sales uses (the
"Copart Use').
(b) Areas B through E comprise approximately 305 acres of the Subject Property (the
"Remaining Parcel').
1.2 Surface mining operations ("Surface Mining Operations") are being conducted on the Subject Property, and
such Surface Mining Operations constitute a lawful, nonconforming use thereon (the "Nonconforming
Mining Use").
1.3 The Subject Property is bounded and configured as shown on the attached Site Map.
1.4 The current underlying zoning classification of the Subject Property is GI-General Industrial.
1.5 The Owner has asserted to the City of Elgin ("City") and believes that (a) the proposed use of Areas A and
B for the Copart Use may be conducted on the Subject Property as a permitted use under the existing GI-
General Industrial zoning classification, (b) the provisions of Section 19.15.500 et. seq. of the City's
Municipal Code, which establishes an ARC-Arterial Road Corridor Overlay District in certain areas within
the City,are not applicable to the Subject Property, and (c) that the Nonconforming Mining Use is a lawful
use (collectively the"Owner's Land Use Position'). The City has, however,disputed the foregoing and has
asserted that (i)the Copart Use is not a"permitted use", (ii)the Subject Property falls within, and is subject
to the provisions of, the ARC-Arterial Road Corridor Overlay District, and that as such (iii) planned
development approval (not conditional use approval) is required before the Copart Use may be established
(collectively the "City's Land Use Position'. The City has also asserted that the Nonconforming Mining
Use is unlawful. As such,a dispute("Land Use Dispute")exists between the Owner and the City.
1.7 This Development Application is being filed by the Applicant and Owner at the insistence of the City, for
settlement purposes only, in an effort to resolve the Land Use Dispute. As such, neither the filing of this
Application nor any of the statements contained herein is intended to be, and should not be construed as, an
admission or acceptance by the Applicant or Owner of the City's Land Use Position or a waiver by the
Applicant or Owner to assert or enforce any rights it may have in connection with Owner's Land Use
Position.
11. Map Amendment for Planned Development to Establish a PGI-Planned General Industrial District
under the ARC Overlay District
�..1 Applicant requests the approval of a map amendment to reclassify the Subiect Property as Kil-I'lanned
General Industrial District under the ARC Arterial Road Overlay Corridor District (hereinafter collectively
called the "PGI District").
I 1-06hieslCofiartzimingf'et it ion.dix:
r2-2Applicant requests that the uses to be permitted in Area A of the PGI District include the following:
The Copart Use specified on Exhibit C, which use is most similar to a Motor Vehicle Recycling
Facility and a Commercial Operations Yard to be used as a Motor Vehicle Recycling Yard, each of
which is listed as a "conditional use"within the GI-General Industrial zoning classification in which
the Subject Property is currently classified. (The Applicant reasserts, for clarification, that a map
amendment is herein being sought only for settlement purposes, and only because the City has
required this approach based on its assertion that its ARC Overlay ordinance requires "planned
development" approval and a map amendment where, as here, such planned development involves
2 acres or more of land, even though this Development Application actually seeks approval of uses
that are enumerated conditional uses.)
(b) The other uses listed as"permitted uses" under the City's GI-General Industrial District ordinance, a
copy of which is attached as Exhibit D.
(c) The subterranean uses below the depth of approximately 250 feet under the current surface of the
ground shall be as set forth on Exhibit G attached hereto.
2.3 Applicant requests that the uses to be permitted within Areas B-E of the Subject Property under the PGI
District established pursuant to this Development Application shall be as follows:
(a) The surface uses of Area B shall be as set forth on Exhibit E attached hereto.
(b) The surface uses of Areas C-E shall be as set forth on Exhibit F attached hereto.
(c) The subterranean uses below the depth of approximately 250 feet under the current surface of the
ground shall be as set forth on Exhibit G attached hereto.
2.4 Applicant requests that in the entire PGI District (i.e., Areas A through E, inclusive) the specified
"conditional uses"be those that are currently identified as such in the City's existing GI-General Industrial District
ordinance,a copy of which is attached as Exhibit D.
2.5 Nothing herein is intended to constitute or have the effect of, and shall not be construed as, a waiver or
relinquishment of the right to continue the Nonconforming Mining Use on any portion of the Subject Property other
than where such use is actually abandoned in connection with the physical establishment of the Copart Use. Owner
intends to continue such Nonconforming Mining Use on those portions of the Subject Property (including, without
limitation,the Subject Property)not developed for the Copart Use.
2.6 In support of this application,Applicant hereby submits the following plans(collectively"Plans"):
(a) With respect to Area A for the Copart Use:
(i) Plat of survey ("Survey") dated 5/15/02 and 9/30/02, prepared by Mackie Consultants,
L.L.C. outlining Area A and Area B , respectively;
(ii) Site plan(see item (v) below);
(iii) Landscaping plan dated 4/01/03,prepared by Gary R. Weber Associates, Inc. ("Landscaping
Plan");
(iv) Conceptual signage plan dated 11/10/99 and 6/8/99, prepared by Huron Sign Co. ("Sign
Plan");
(v) Site plan and preliminary engineering plan jointly contained within that certain Preliminary
Engineering Plan (Sheets 1-6) dated 3/31/03, prepared by Mackie
Consultants, L.L.C. (the "Site Plan"or"Preliminary Engineering, Plan");
(vi) Colored landscape plan dated 4/01/03, prepared by Gary R. Weber Associates, Inc.
("Landscape Plan").
(vii) Copart , Inc. Best Available Technology / Best Management Practice and Spill Response &
Training Guide dated 12/1 1/U0.
(viii) Perspective photos I - IV; prepared by Dahlquist & LuIZOW
11:11)rhhicti�C'apart%onin_Pothinn.dix:
(b) With respect to Areas B-E:
(1) Plat of survey ("Survey") dated 7/31/01, prepared by Mackie Consultants, L.L.C.;
(ii) Site Map dated 3/3/03,prepared by Land Vision, Inc.
Applicant has also attached to this Application the following:
(1) The written consent of the Owner;
(2) The names, addresses and telephone numbers of the officers of the Applicant;
(3) The names, addresses, and telephone numbers of the Owners and the beneficiaries of the Owners.
2.7 The site characteristics of the Subject Property are suitable for the proposed uses herein requested
("Proposed Uses") with respect to its size and shape and there are no existing improvements on the Subject
Property which are in conflict with the Proposed Uses.
2.8 The development of the Subject Property as requested herein will not be at odds with the provision of safe
and efficient onsite and offsite vehicular circulation, and will not cause traffic congestion. The Subject
Property has direct access to Bluff City Boulevard and to Gifford Road.
2.9 The land uses proposed herein (the "Proposed Uses") are consistent with the historical use of the Subject
Property.
2.10 The Proposed Uses are consistent with the character of the surrounding area and the trend of surrounding
development.
2.11 There will be no negative impact upon nearby natural features, water courses or vegetation thereon.
2.12 Adequate stormwater detention will be provided as each and any Proposed Use is established.
2.13 Applicant's proposed development and use of the Subject Property for the Proposed Uses will not have any
negative impact upon the public health, safety or welfare or upon the value of nearby or surrounding
properties.
2.14 The Copart Use is most similar to a "motor vehicle impoundment yard", which is a permitted use in the
existing GI District. A commercial operations yard is also a permitted use under the existing GI zoning
classification of the Subject Property. The Copart Use is not similar to, and cannot be fairly characterized
as, a"junk yard"or a"motor vehicle wrecking yard"for the reasons set forth on attached Exhibit C.
2.15 Applicant requests permission to build and install on the Subject Property those improvements as depicted
and described on the Plans submitted herewith plus offsite detention for Area A on the owner's adjacent
property. Additionally, if Copart (or its successors) acquires all or any portion of Area B and seeks to
expand the Copart Use onto same, Applicant requests that the zoning ordinance adopted by the City
expressly grant to the City's Zoning Administrator the authority to approve such expansion of the Copart
Use onto such portion (or all) of Area B so long as the fencing, landscaping and interior dust-control for the
proposed expansion is in substantial compliance with the fencing, landscaping and interior dust-control
characteristics approved with respect to the Copart Use on Area A, without any further public hearings and
without any amendment to the zoning ordinance (but with the right of the owner to appeal any decision of
the Zoning Administrator to the corporate authorities). No so-called landscape islands shall be required to
be installed in the commercial operations yards of Copart on either Area A or Area B.
2.16 The zoning ordinances adopted pursuant to this Development Application shall provide that i f the
ownership of any portion of the fee pertaining to the Subject Property lying below approximately 250
feet from the surface (the "Subterranean Fee") is separated from the ownership of the Subject Property
lI\DchhicS\Cop:ir�lunin�Pc�iiinn.Joc
lying above the Subterranean Fee (the "Surface Fee"),then the owner of the Surface Fee shall have no
liability to the City for the payment of Subterranean Mining Royalties.
2.17 The zoning ordinances shall provide that if any portion of the Subject Property is sold, the owner(s) of
the separate portions of the Subject Property shall be free to seek amendments to the zoning ordinances
affecting their respective portions of the Subject Property without the consent of any other owner(s).
2.18 Copart is a publicly traded company which owns and / operates approximately 100 other similar facilities
throughout the United States.
III. MISCELLANEOUS.
3.1 Applicant requests that copies of all notices given to Applicant and/or Owner hereunder (or in connection
with the actions requested to be taken herein)be sent to the following parties:
If to Applicant
or to Owner:
Mr.Dean W.Kelley
Bluff City Materials, Inc.
2252 Southwind Blvd.
Bartlett,I1 60103
fax 630-497-3477
with a copy to:
Peter C.Bazos,Esq.
Schnell,Bazos,Freeman, Kramer, Schuster&Vanek
1250 Larkin Avenue, Suite 100
Elgin,IL 60123
Phone: 847-742-8800
Fax: 847-742-9777
3.2 As used herein,the following terms shall have the following meanings:
(a) "Surface Mining"shall mean and include commercial mining operations, including (i) the
extraction of sand, gravel, topsoil or other aggregates (collectively the"Minerals") by removing the overburden
lying above the natural deposits thereof, and extracting directly from the natural deposits thereby exposed, (ii)
the screening, crushing, grinding, mixing, washing, storage and sale of the Minerals, (iii) The crushing,
recycling and resale of imported concrete and asphalt (iv) reclamation through the use of clean construction and
demolition debris (as defined by 415 ILCS 5/3.160 as amended from time to time of the Illinois Environmental
Protection Act), and (v)the operation and construction of all buildings, structures, conveyors and other
equipment or improvements necessary to accomplish any of the foregoing.
(b) "Subterranean Mining" shall mean the conduct, at depths not less than approximately 250 feet
`)elow the surface of the ground, of mining, processing and removal of limestone, shale, galena, gravel, sand
-and other minerals of whatsoever character(collectively "Aggregates and Minerals") via blasting and other
means and, as incidental or accessory operations to the fbregoing, including but not limited to (1) the
U:\Dcbb i6*%CopnrtZon in,,Petit ion.Joc
construction, maintenance and operation of such structures, conveyors, or other moveable and immoveable
equipment necessary to carry out the foregoing, including construction of the mining portal, ventilation shafts,
underground passages, shafts or entries through, to and from other mines and lands adjacent to or on the
property, (ii) the storage of explosives and such other equipment necessary to carry out the mining, (iii) the
establishment of subterranean offices, equipment storage and equipment repair facilities, and (iv) the
establishment on the surface of secondary processing equipment, stockpiles of processed Aggregates and
Minerals, and scales and offices used in connection with the sale of such Aggregates and Minerals.
UADebbicS\CopartLonin,Pet iti on.doc
EXHIBIT A
LEGAL DESCRIPTION OF SUBJECT PROPERTY
See following pages 1 -8
U:%DcbbicS%CopartLon ingilet ition.doc
CHICAGO GRAVEL EAST- PARCEL 1:
THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 30,
TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS, LYING EAST OF THE CENTERLINE OF GIFFORD
ROAD, SOUTHWESTERLY OF THE RIGHT OF WAY OF THE CHICAGO,
MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY, AND NORTH OF THE
CENTER LINE OF SPAULDING ROAD, EXCEPT THAT PART DESCRIBED AS
FOLLOWS: BEGINNING AT A RAILROAD SPIKE IN CONCRETE (SAID
RAILROAD SPIKE BEING ON THE EAST LINE OF SAID SOUTHEAST 1/4 112.22
FEET SOUTH OF THE INTERSECTION OF SAID EAST LINE WITH THE
SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL
AND PACIFIC RAILROAD COMPANY); THENCE SOUTH 0 DEGREES ALONG
THE EAST LINE OF SAID SOUTHEAST 1/4 , 1182.07 FEET TO THE CENTER
LINE OF SPAULDING ROAD; THENCE NORTH 88 DEGREES 28 MINUTES 06
SECONDS WEST ALONG SAID CENTER LINE 1273.35 FEET TO THE CENTER
LINE OF GIFFORD ROAD; THENCE NORTH 01 DEGREE 47 MINUTES 34
SECONDS EAST ALONG SAID CENTER LINE 1168.49 FEET; THENCE SOUTH 89
DEGREES 33 MINUTES .23 SECONDS EAST 1236.38 FEET TO A POINT 10.31
FEET NORTH OF THE POINT OF BEGINNING (AS MEASURED ALONG SAID
EAST LINE OF SOUTHEAST 1/4); THENCE SOUTH 0 DEGREES ALONG SAID
EAST LINE 10.31 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
CHICAGO GRAVEL EAST-PARCEL 2:
THAT PART OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 29,
TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON THE WEST LINE OF SAID SOUTHWEST 1/4, 840 FEET SOUTH OF
THE NORTHWEST CORNER, BEING A POINT ON THE SOUTHWESTERLY
RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN RAILWAY
COMPANY, FOR A POINT OF BEGINNING; THENCE SOUTH 50 FEET, ALONG
AFORESAID WEST LINE TO THE SOUTHWEST 1/4; THENCE EAST 80 FEET,
MORE OR LESS, TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY LINE
OF THE AFORESAID RAILROAD; THENCE NORTHWESTERLY ALONG THE
AFORESAID SOUTHWESTERLY RIGHT OF WAY LINE, TO THE POINT OF
BEGINNING.
CHICAGO GRAVEL EAST- PARCEL 3:
THAT PART OF THE WEST 1/2 OF SECTION 29, TOWNSHIP 41 NORTH, RANGE
9, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS
BOUNDED ON THE SOUTH BY THE NORTHERLY LINE OF CHICAGO,
MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD RIGHT OF WAY AND
BOUNDED ON THE EAST BY THE WESTERLY LINE OF THE ELGIN, .IOLIET
AND EASTERN RAILWAY COMPANY, EXCEPT THAT PART TAKEN FOR
RIGHT OF WAY OF THE COMMONWEALTH EDISON COMPANY (SUCCESSOR
BY MERGER TO PUBLIC SERVICE COMPANY OF NORTHERN ILLINOIS).
I
ALSO EXCEPT THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC.,
FKA ABBOTT CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER
884I2478, AND DESCRIBED AS FOLLOWS: THAT PART OF SECTIONS 20 AND
29, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL
MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST
CORNER OF THE NORTHWEST 114 OF SAID SECTION 29; THENCE NORTH 88
DEGREES 54 MINUTES 06 SECONDS EAST ALONG THE NORTH LINE OF SAID
SECTION 29, 29.89 FEET TO THE WESTERLY RIGHT OF WAY LINE OF THE
ELGIN, JOLIET AND EASTERN RAILWAY COMPANY; THENCE NORTH 09
DEGREES 15 MINUTES EAST ALONG SAID WESTERLY RIGHT OF WAY LINE
381.80 FEET TO THE CENTER LINE OF THE OLD ROAD (FOR A POINT
HEREINAFTER KNOWN AS POINT A); THENCE NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST ALONG SAID CENTER LINE 815.99 FEET TO THE
NORTH EAST CORNER OF LAND DEDICATED FOR PUBLIC HIGHWAY
PURPOSES; THENCE SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST 65.0
FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE OF THE
EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES THERETO);
THENCE NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET MEASURED (109.0
FEET DEED); THENCE SOUTH 80 DEGREES 40 MINUTES 50 SECONDS WEST
ALONG SAID SOUTHERLY LINE 176.92 FEET MEASURED (177.40 FEET DEED);
THENCE SOUTH 67 DEGREES 45 MINUTES 28 SECONDS WEST A CHORD
DISTANCE OF 353.95 FEET, (SAID CHORD BEING PART OF A CURVE HAVING
A RADIUS OF 272.0 FEET AND AN ARC DISTANCE OF 385.38 FEET WHICH IS
THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A POINT
HEREINAFTER KNOWN AS POINT B ON , THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 57
MINUTES 15 SECONDS WEST ALONG SAID COMMONWEALTH EDISON
PROPERTY 362.82 FEET TO AN ANGLE POINT; THENCE SOUTH 8 DEGREES 24
MINUTES 57 SECONDS WEST ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015.47 FEET; THENCE SOUTH 76
DEGREES 51 MINUTES 08 SECONDS EAST 1354.07 FEET TO THE WESTERLY
LINE OF AFORESAID ELGIN, JOLIET AND EASTERN RAILWAY COMPANY TO
A POINT THAT IS 1600.00 FEET SOUTHERLY OF POINT A AFORESAID (AS
MEASURED ALONG SAID WESTERLY LINE); THENCE NORTH 09 DEGREES 15
MINUTES EAST ALONG SAID RIGHT OF WAY LINE 1026.83 FEET; THENCE
NORTH 00 DEGREES 16 MINUTES 04 SECONDS EAST 188.31 FEET TO THE
PLACE OF BEGINNING (EXCEPTING THEREFROM A 300.0 FOOT STRIP OF
LAND ALONG THE WESTERLY BOUNDARY THEREOF MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT POINT B AFORESAID; THENCE
SOUTH 05 DEGREES 57 MINUTES 15 SECONDS WEST ALONG SAID EASTERLY
LINE OF COMMONWEALTH EDISON PROPERTY 362.82 FEET TO AN ANGLE
POINT IN SAID LINE; THENCE SOUTH 08 DEGREES 24 MINUTES 57 SECONDS
WEST ALONG SAID LINE 1015.47 I:EET'; THENCE SOUTH 76 DEGREES 51
MINUTES 08 SECONDS EAST 301.03 FEET; THENCE NORTH 08 DEGREES 24
MINUTES 57 SECONDS EAST ALONG A LINE 300.0 FEET EASTERLY OF AND
PARALLEL TO THE EASTERLY LINE OF SAID COMMONWEALTH EDISON
PROPERTY 1046.75 FEET TO AN ANGLE POINT; THENCE NORTH 05 DEGREES
57 MINUTES 15 SECONDS EAST ALONG SAID PARALLEL LINE 510.02 FEET TO
THE SOUTHERLY LINE OF LAND DEDICATED FOR HIGHWAY PURPOSES;
THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE BEING ON A
CURVE TO THE RIGHT AND HAVING A RADIUS OF 272.0 FEET AN ARC
DISTANCE OF 356.31 FEET TO THE POINT OF BEGINNING (THE CHORD OF
THE LAST DESCRIBED LINE BEARING SOUTH 70 DEGREES 49 MINUTES 1 I
SECONDS WEST 331.38 FEET), IN COOK COUNTY, ILLINOIS.
CHICAGO GRAVEL EAST-PARCEL 4:
THAT PART OF SECTION 30, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE
THIRD PRINCIPAL MERIDIAN LYING EAST OF THE CENTERLINE OF
GIFFORD ROAD AND NORTHERLY OF THE NORTHERLY RIGHT OF WAY OF
THE CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD, IN COOK
COUNTY, ILLINOIS. j
CHICAGO GRAVEL EAST-PARCEL 5:
THAT PART OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE
THIRD PRINCIPAL MERIDIAN, LYING EAST OF THE CENTER LINE OF
GIFFORD ROAD (EXCEPT THAT PART DESCRIBED AS FOLLOWS:
COMMENCING AT A STONE AT THE SOUTH EAST CORNER OF SAID
SECTION; THENCE WEST ALONG THE SOUTH LINE OF SAID SECTION 1176
FEET TO THE CENTER OF GIFFORD ROAD; THENCE NORTH 1 DEGREE 31 '
MINUTES EAST ALONG THE CENTER LINE OF SAID ROAD 776 FEET FOR A
POINT OF BEGINNING; THENCE NORTH 1 DEGREE 31 MINUTES EAST ALONG
THE CENTER OF SAID ROAD 1129 FEET TO THE CENTER LINE OF STATE
ROAD ALSO KNOWN AS LAKE STREET; THENCE SOUTH 56 DEGREES 35
MINUTES EAST ALONG THE CENTER LINE OF SAID STATE ROAD 473 FEET;
THENCE SOUTH 71 DEGREES 45 MINUTES EAST ALONG THE CENTER LINE
OF STATE ROAD 2184 FEET TO THE EAST LINE OF THE WEST 1/2 OF THE
SOUTHWEST 1/4 OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 9 EAST OF
THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 0 DEGREES 58 MINUTES
WEST ALONG SAID EAST LINE 314 FEET; THENCE NORTH 72 DEGREES 39
MINUTES 0 SECONDS WEST 669 FEET; THENCE NORTH 86 DEGREES 08
MINUTES WEST 1054 FEET; THENCE NORTH 87 DEGREES 34 MINUTES WEST
462 FEET; THENCE SOUTH 51 DEGREES 47 MINUTES WEST 297 FEET; THENCE
NORTH 82 DEGREES 42 MINUTES WEST 107 FEET TO THE POINT OF
BEGINNING), IN COOK COUNTY, ILLINOIS
CHICAGO GRAVEL EAST- PARCEL 6:
THAT PART OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 20,
TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN,
LYING SOL)TI-1 OF THE SOUTH LINE FRONTAGE ROAD AND WEST OF TI11�
WEST RIGHT OF WAY LINE OF THAT PART TAKEN FOR COMMONWEALTH
EDISON, ALSO (EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING
AT THE SOUTH LINE OF FRONTAGE ROAD AND THE WEST LINE OF SECTION
20; THENCE SOUTHEASTERLY ALONG THE SOUTHERLY LINE OF FRONTAGE
ROAD A DISTANCE OF 260 FEET, MORE OR LESS; THENCE WESTERLY 240
FEET, MORE OR LESS, TO A POINT ON THE WEST LINE OF SAID SECTION;
THENCE NORTH 60 FEET, MORE OR LESS, TO THE POINT OF BEGINNING),
ALL IN COOK COUNTY, ILLINOIS.
CHICAGO GRAVEL EAST- PARCEL 7:
THAT PART OF SECTION 20, TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE
THIRD PRINCIPAL MERIDIAN, COMMENCING AT THE SOUTHEAST CORNER
OF THE SOUTHWEST 1/4 OF SAID SECTION 20; THENCE NORTH 88 DEGREES
54 MINUTES 06 SECONDS EAST ALONG THE SOUTH LINE OF SAID SECTION
20, 29.89 FEET TO THE WESTERLY RIGHT OF WAY LINE OF THE ELGIN,
JOLIET AND EASTERN RAILWAY COMPANY; THENCE NORTH 09 DEGREES
15 MINUTES EAST ALONG SAID WESTERLY RIGHT OF WAY LINE, 381.80
FEET TO THE CENTER LINE OF THE OLD ROAD (U.S. ROUTE 20); THENCE
NORTH 69 DEGREES 27 MINUTES 30 SECONDS WEST ALONG SAID CENTER
LINE, 815.99 FEET TO THE NORTH EAST CORNER OF LAND DEDICATED FOR
PUBLIC HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 24 MINUTES 43
SECONDS WEST, 65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE
CENTER LINE OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT
ANGLES THERETO); THENCE NORTH 72 DEGREES 35 MINUTES 16 SECONDS
WEST ALONG THE SOUTHERLY LINE OF SAID DEDICATED LAND, 108.74
FEET MEASURED (109.0 FEET DEED); THENCE SOUTH 80 DEGREES 40 '
MINUTES 50 SECONDS WEST ALONG SAID SOUTHERLY LINE, 176.92 FEET
MEASURED (177.40 FEET DEED); THENCE SOUTH 67 DEGREES 45 MINUTES 28
SECONDS WEST A CHORD DISTANCE OF 353.95 FEET, .(SAID CHORD BEING
PART OF A CURVE HAVING A RADIUS OF 272.0 FEET AND AN ARC
DISTANCE OF 385.38 FEET WHICH IS THE .SOUTHERLY LINE OF SAID
DEDICATED PROPERTY) TO A POINT ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS .9899344 AND 9929391 ALSO BEING THE POINT OF
BEGINNING; THENCE SOUTH 05 DEGREES 27 MINUTES 47 SECONDS WEST
MEASURED, (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS WEST DEED)
ALONG SAID COMMONWEALTH EDISON PROPERTY, 363.69 FEET
MEASURED (362.82 FEET DEED) TO AN ANGLE POINT IN SAID LINE; THENCE
SOUTH 07 DEGREES 58 MINUTES 49 SECONDS WEST (SOUTH 08 DEGREES 24
MINUTES 57 SECONDS WEST DEED) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY, 139.48 FEET TO THE SOUTH LINE OF
SAID SECTION 20; THENCE NORTH 88 DEGREES 20 MINUTES 45 SECONDS
EAST ALONG SAID SOUTH LINE OF SECTION 20, 304.29 FEET TO A POINT ON
A LINE 300.00 FEET EASTERLY OF AND PARALLEL TO THE EASTERLY LINE
OF SAID COMMON WEALTH EDISON PROPERTY; THENCE NORTH 07
4
DEGREES 58 MINUTES 49 SECONDS EAST MEASURED (NORTH 08 DEGREES
24 MINUTES 57 SECONDS EAST DEED), 95.14 FEET ALONG SAID PARALLEL
LINE TO AN ANGLE POINT; THENCE NORTH 05 DEGREES 27 MINUTES 47
SECONDS EAST MEASURED (NORTH 05 DEGREES 57 MINUTES 15 SECONDS
EAST DEED), 510.39 FEET MEASURED (510.02 FEET DEED) ALONG SAID
PARALLEL LINE TO THE SOUTHERLY LINE OF LAND DEDICATED FOR
HIGHWAY PURPOSES TO A POINT ON A CURVE; THENCE SOUTHWESTERLY
ALONG SAID SOUTHERLY LINE ON A CURVE CONCAVE NORTHWESTERLY
HAVING A RADIUS OF 272.0 FEET, AN ARC DISTANCE OF 355.97 FEET
MEASURED (356.31 FEET DEED) AND A CHORD BEARING SOUTH 70
DEGREES 25 MINUTES 44 SECONDS WEST (SOUTH 70 DEGREES 25 MINUTES
44 SECONDS WEST DEED), TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
COPART-PARCEL 1:
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE 9, EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING
AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 29;
THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS EAST (NORTH 88
DEGREES 54 MINUTES 06 SECONDS EAST RECORD) ALONG THE NORTH
LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO THE
WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTH EAST CORNER OF LAND DEDICATED FOR PUBLIC
j HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 176.92 FEET (177.40 FEET DEED); THENCE SOUTH 68
DEGREES 04 MINUTES 20 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.77 FEET (353.95
FEET RECORD), (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS
OF 272.0 FEET AND AN ARC DISTANCE OF 377.24 FEET (385.38 FEET RECORD)
WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON THE EASTERLY L.INI: OF
i
5
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE POINT; THENCE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES
57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015.47 FEET TO THE SOUTH LINE OF
THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT
CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER 88412478;
THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST (SOUTH 76
DEGREES 51 MINUTES 08 SECONDS EAST RECORD) ALONG SAID SOUTH
LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA
ABBOTT CONTRACTORS OF ILLINOIS, INC. 1352.07 FEET (1354.07 FEET
RECORD) TO THE WESTERLY LINE OF AFORESAID ELGIN, JOLIET AND
EASTERN RAILWAY COMPANY TO A POINT THAT IS 1600.00 FEET
SOUTHERLY OF POINT A AFORESAID (AS MEASURED ALONG SAID
WESTERLY LINE); THENCE NORTH 09 DEGREES 03 MINUTES 00 SECONDS
EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG SAID RIGHT
OF WAY LINE 1019.88 (1026.83 FEET RECORD); THENCE NORTH 00 DEGREES
01 MINUTE 30 SECONDS EAST 195.12 FEET (NORTH 00 DEGREES 16 MINUTES
04 SECONDS EAST 188.31 FEET RECORD) TO THE PLACE OF BEGINNING,
(EXCEPTING THEREFROM A 300.0 FOOT STRIP OF LAND ALONG THE
WESTERLY BOUNDARY THEREOF MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT POINT B AFORESAID; THENCE SOUTH 05
DEGREES 46 MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES
15 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 363.69 FEET (362.82 FEET RECORD) TO
AN ANGLE POINT IN SAID LINE; THENCE SOUTH 08 DEGREES 17 MINUTES 38
SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES 57 SECONDS WEST
RECORD) ALONG SAID LINE 1015.47 FEET; THENCE SOUTH 77 DEGREES 03
MINUTES 59 SECONDS EAST 300.99 FEET (SOUTH 76 DEGREES 51 MINUTES
08 SECONDS EAST 301.03 FEET RECORD); THENCE NORTH 08 DEGREES 17
MINUTES 38 SECONDS EAST (NORTH 08 DEGREES 24 MINUTES 57 SECONDS
EAST RECORD)ALONG A LINE 300.0 FEET EASTERLY OF AND PARALLEL TO
THE EASTERLY LINE OF SAID COMMONWEALTH EDISON PROPERTY 1046.40
FEET (1046.75 FEET RECORD) TO AN ANGLE POINT; THENCE NORTH 05
DEGREES 46 MINUTES 42 SECONDS EAST (NORTH 05 DEGREES 57 MINUTES
15 SECONDS EAST RECORD) ALONG SAID PARALLEL LINE 510.40 FEET
(510.02 FEET RECORD) TO THE SOUTHERLY LINE OF LAND DEDICATED FOR
HIGHWAY PURPOSES; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY
LINE BEING ON A CURVE TO THE RIGHT AND HAVING A RADIUS OF 272.0
FEET AN ARC DISTANCE OF 355.97 FEET (356.31 FEET RECORD) TO THE
POINT OF BEGINNING (THE CHORD OF THE LAST DESCRIBED LINE
BLARING SOUTI-I 70 DEGREES 44 MINUTES 36 SECONDS WEST 331.11 FEET
6
i
i
(SOUTH 70 DEGREES 50 MINUTES 03 SECONDS WEST 331.38 RECORD)), IN
COOK COUNTY, ILLINOIS.
COPART- PARCEL 2:
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE 9, EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF
SAID SECTION 29; THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS
EAST(NORTH 88 DEGREES 54 MINUTES 06 SECONDS EAST RECORD) ALONG
THE NORTH LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO
THE WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST(NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTH EAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20 .
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST(SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 176.92 FEET (177.40 FEET DEED); THENCE SOUTH 68
DEGREES 04 MINUTES 20 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.77 FEET (353.95
FEET RECORD), (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS
OF 272.0 FEET AND AN ARC DISTANCE OF 377.24 FEET(385.39 FEET RECORD)
WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE POINT; THENCE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES
57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015.47 FEET TO THE SOUTH LINE OF
THAT PART CONVEYED TO [SLUFF CITY MATERIALS, INC., FKA ABBO"I T
CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER 85412479,
'1'111 NC'E SOUTI-I 77 D GREI:S 03, MINUTES 59 SECONDS EAST 100.99 FI-F1'
7
i
(SOUTH 76 DEGREES 51 MINUTES 08 SECONDS 301.03 FEET RECORD) TO THE
POINT OF BEGINNING; THENCE SOUTH 77 DEGREES 03 MINUTES 59
SECONDS EAST (SOUTH 76 DEGREES 51 MINUTES 08 SECONDS EAST
RECORD) CONTINUING ALONG SAID SOUTH LINE OF THAT PART
CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT CONTRACTORS
OF ILLINOIS, INC. 1056.08 FEET TO THE WESTERLY LINE OF THE AFORESAID
ELGIN, JOLIET AND EASTERN RAILWAY COMPANY TO A POINT THAT IS
1600.00 FEET SOUTHERLY OF POINT A AFORESAID (AS MEASURED ALONG
SAID WESTERLY LINE); THENCE SOUTH 09 DEGREES 03 MINUTES 00
SECONDS WEST ALONG SAID WESTERLY LINE OF THE ELGIN, JOLIET AND
EASTERN RAILWAY COMPANY 70.14 FEET; THENCE NORTH 77 DEGREES 03
MINUTES 59 SECONDS WEST ALONG A LINE PARALLEL TO SAID SOUTH
LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA
ABBOTT CONTRACTORS OF ILLINOIS, INC.; THENCE NORTH 08 DEGREES 17
MINUTES 38 SECONDS EAST 70.21 FEET TO THE POINT OF BEGINNING, IN
COOK COUNTY, ILLINOIS.
b i
EXHIBIT B
SITE MAP
See Section XVI in book
UADcbbicS\CopanzoningPctition.doc
Exhibit C
Description of Copart Use
Copart intends to conduct on the Subject Property a business involving the sale of motor vehicles as follows:
(a) Applicant engages in the sale of intact motor vehicles. The vehicles stored on site for
sale will generally fit the following main categories:
(i) they will have been damaged by accident, hail, flood, fire or other
casualty; or
(ii) they will be damaged or undamaged vehicles which have been acquired by
insurance companies as a result of theft claims paid by them; or
(iii) they will be damaged or undamaged vehicles which have been repossessed
by lenders.
Approximately 75%to 90% of the vehicles from time to time on hand will not be
operable.
(b) None of the vehicles will be repaired, assembled, disassembled, stacked, stripped for
parts, or otherwise altered on the Subject Property. Instead,Applicant will merely re-
sell these vehicles intact.
(c) The vehicles are auctioned by Applicant primarily to licensed dealers and commercial
buyers, and these buyers either transport the vehicles off site in their own trucks or
Applicant arranges for such transportation.
To accommodate its operations on the Subject Property, Applicant plans to erect an approximate
16,000-sq. ft. building which will house its offices and a small showroom in which vehicles can be inspected.
After inspection, all of the vehicles will be parked outside in Applicant's fenced lot pending auction sale.
U ADchhieS\CuparLZA)ningl'eliIion.doc
EXHIBIT D
CITY OF ELGIN GI-GENERAL INDUSTRIAL PERMITTED AND CONDITIONAL USES
SEE SECTION 19.40.300
GI GENERAL INDUSTRIAL DISTRICT
As Of 4/1/03
U:\DebhicS\Copirt7_oningl'ctit ion.doc
EXHIBIT E
PERMITTED AND CONDITIONAL SURFACE USES OF AREA B
I. Permitted Uses
An expansion of the Copart Use;
Surface Mining(as hereafter defined) and uses ancillary thereto;
The operation of a ready-mix concrete manufacturing plant;
The establishment of facilities and the conduct of activities reasonably required or otherwise customarily used to
support any Subterranean Mining (as hereafter defined) taking place beneath the surface of(i) the Subject Property
or(ii)adjacent property owned by the Owner or its affiliates, including, without limitation, ventilation shafts,
access portals, surface processing and stockpiling equipment, and sales building,scales and the like used for the
sale of materials obtained through the conduct of Subterranean Mining.
All "Permitted Uses" enumerated in the City's existing GI-General Industrial District ordinance (Section 19.40.330
A of the City's Municipal Code)
II. Conditional Uses
All "Conditional Uses" enumerated in the City's existing GI-General Industrial District ordinance (Section
19.40.330 B of the City's Municipal Code), except those that may be otherwise classified herein as "Permitted
Uses";
The operation of an asphalt manufacturing plant.
U`\DchhicS\Copart%oningl'ctiI ion.doc
06/24/03 14:21 '&847 696 1410 MACKIE CONSULT. U 004/006
1;wsWtation Agency Action Xeport page 1 of
0%d NOW RuMae&-�
East lSD
PAM
Illinois APR'3 0 M
IDepartmeht of OREA
Natural Resources nctp;��onr.eiorc,l l�l pdmma owd
one Natural Resources Way.SpHrogfield,IL G2702.12%1 Georpe H.Ryan.Governor-Bren:Manning,o1rector
CONSULTATION AGENCY ACTION REPORT
(Illinois Administrative Code Title 17 Part 1075)
Dlvislon of Resource Review and Coordination
Stephen K. Davis, Chief
Data submitted: 4-24-03 FOR DEPARTMENT USE ONLY
If this is a resubmittal, include previous PROJCODE: 4 Y
IDNR response if available. Date Due:
Applicant Name- Mackie Consultants,LLC Phone; '847-696-1400
Contact Person: Allen J.Sander,P.E. Fax: 847-696-141.0
Applicant Address: 9575 A;6st Higgins Road E-mail: aster er{almackieconsult.com
Suite 500.Rosemont,IL,,60018
LOCATION OF PROPOSED ACTION
A MAP SHOWING LOCATION OF PROPOSED ACTION IS REQUIRED
Project Name: Gifford Lake Propem, County. Cook
Project Address(if available): East of Gifford Road;South of IL Rr.20
City, Stale, Zip: Unin.cnrporated
Township/Range/Section (e,g, T45N,R9E,S2): "I'41N, R4tE,29
Brief DeSCriDtion of Proposed/lotion: Mass rgr aumg to reclaim active Gr e ptts an construction o
7�JS-rZJAt- *JD - � AA/D DCVO .c�i.Ji.Jlw OF l�IE_STe1J�.
Projected Start Data and End Date of Proposed Action: Summer 2003 -%Winter 2008
Will state funds or technical assistance support this action?[Yes I No I If Yes,the Interagency Wetlands
Policy Act will apply. Contact the funding agency or this Division for details,
Local/State Agency with Project Jurisdiction: Citv of Elgin
Contact: Phone: 847-931-5968
Address' DexterCourt. Fax: 847-931-5 5
Elgin,IL 60120 E-mail:
FOR DEPARTMENT USE ONLY
Are endangered/threatened species or Natural Areas present in the vicinity of the action? �o
r Natural Area's '
Could the proposed action affect the threatened/endangered species o �-��
Is consultation terminated?
Comments: �� - "
Ev I tted b
.' y/,
� — '-� Date, �� p
Division of Resource Review antr Coordination (217) 785-5500
.http:!/dnr.5t,ite.il.us/orep.t.nTrc!,Ltm.htm 11/19/2002
06/24/03 14:21 V847 696 1410 MACKIE CONSULT. U 005/006
- Illinois Department of Code # 0304508
Rod R. Blagoievich, Governor
Natural Resources
One Natural Resources W9y • Springfield, Illinois 62702-1271
Joel Brunsvold, Director
httpJ/dnr_state.il,us
June 24,2003
Mr, Martin T_ Burke,President
Mackie Consultants, LLC
9575 W.Biggins Road. Suite 500
Rosemont,II. 60018
RE: COPART Development, Elgin, Cook County
Endangered. Species Consultation Program
Natural Heritage Database Review#0304508
Dear Mr.Burke:
Thank you for submitting this project regarding property located in Section 29, Township 41
North,Range 9 East,for consultation in accordance with the Illinois Endangered Species Protection
Act [520 MCS 10/1 1 J, the Illinois Natural Areas Preservation Act [525 ILCS 30/171, and Title 17
Illinois Administrative Lode Part 1075. The plan reviewed is dated September 25, 2002 and was
received by the Department June S, 2003. The surface development component identifies the
COPART parcel, a potential METRA passenger station, and two future development parcels.
CP
Potential future underground mining of the entire site is also included. This evaluation addresses
presently known and identified development proposals_ This correspondence cannot be construed
as providing a biological opinion of future surficial devclapmcnt or potential underground mining
portal construction within the identified plan area.
The Natural Heritage Database identified that the subject parcel adjoins Gifford Lake to the west.
This lake is a water source of Bluff Springs Fen Illinois Nature Preserve and Illinois Natural Area.
Bluff Springs Fen Illinois Nature Preserve and Illinois Natural Area provides known habitat for
the State Endangered Black-crowned Night Heron, Nyerieorax nycticorax, the State endangered
Grass Pink Orchid, Calopogon tuberosus, and numerous other State endangered and threatened
species. In addition, the biotic communities within Bluff Springs Fen Illinois Naturc Preserve are
dependent upon continual seepage of calcareous groundwater.The engineering design as submitted
incorporates the best presently known vegetative and storm water flow management practices to
avoid, contain and/or ameliorate contaminated surficial flow into Gifford Lake without the use of
mechanical measures.Temporary erosion control during construction of the COPART facility and
METRA Station incorporate general erosion control measures including silt fence, inlet/outfall.
protection, temporary and final seeding. Should underground mining of the site proceed, the
Department understands that the water level, quantity and quality of Gifford Lake will remain
unaffected as a result of this activity.Based on review and consideration of the plans as submitted.
it is the Department's biological opinion that the proposed development is not likely to adversely
impact Bluff Springs Fen Illinois Nature Preserve and Illinois Natural Area and the habitat it
provides.Consultation is terminated.Termination does not imply the Department's authorization
or endorsement. Consultation may be re-opened if information or potential impacts. not previously
considered, are brought to our attention. Consultation is valid for no more than two years; if the
project has not been implemented by then, a new consultation will be necessary.
Printtd on rrcyded and recyclable Pape[
06/24/03 14:22 V847 696 1410 MACKIE CONSULT.
- - 00061006
Code # 0304508
The Natural Heritage Database cannot provide a conclusive statement as to the presence, absence,
or condition of significant natural features in any specific location; consultation cannot replace
detailed site surveys. The Department is unable to state,without reservation, that no listed species
exist within the project area boundary,nor can it exclude the possibility that listed species other than
that mentioned exist within the vicinity.
Should you need additional information regarding the consultation process,or should you have any
questions, please do not hesitate to contact me.
S'ncere)Y, t
Rick Pietruszka Pro raam.Manager
€
Impact Assessment 'Section
Endangered Species Consultation Program
Division of Natural:Resource Review and Coordination
Ph. (217) 785-5500
Fax (217) 524-4177
zc: Carolyn Grosboll, Illinois Nature Preserves Commission
Mark Biemacki. City of Elgin
Dean Kelley. Abbott Land And Investment Corporation
EXHIBIT F
PERMITTED AND CONDITIONAL SURFACE USES OF AREAS C-E
I. Permitted Uses
Surface Mining and uses ancillary thereto (including, without limitation,the crushing and recycling of concrete and
asphalt); in no event will the crushing and recycling of concrete and asphalt occur on Area C;
The operation of a ready-mix concrete manufacturing plant;
The operation of an asphalt manufacturing plant; said plant must be 500 feet or greater from Gifford Road, and in
no event located on Area C;
The establishment of facilities and the conduct of activities reasonably required or otherwise customarily used to
support any Subterranean Mining(as hereafter defined)taking place beneath the surface of(i) the Subject Property
or(ii)adjacent property owned by the Owner or its affiliates, including,without limitation,ventilation shafts,
access portals,surface processing and stockpiling equipment, and sales buildings,scales and the Iike used for the
sale of materials obtained through the conduct of Subterranean Mining.
Railway Commuter Station
All"Permitted Uses"enumerated in the City's existing GI-General Industrial District ordinance(Section 19.40.330
A of the City's Municipal Code)
H. Conditional Uses
All "Conditional Uses"enumerated in the City's existing GI-General Industrial District ordinance (Section
19.40.330 B of the City's Municipal Code), except those that may be otherwise classified herein as "Permitted
Uses"
I
i
i
u:%i)cnnicSX npartZ.tn,ingi'ctition.doc
EXHIBIT G
SUBTERRANEAN USES OF AREAS A-E
I. PERMITTED SUBTERRANEAN USES
The following uses shall be permitted as"Subterranean Uses"with respect to the entire Subject Property (i.e.,
Areas A through E, inclusive):
1. Subterranean Mining
2. The establishment of facilities and the conduct of activities to support any Subterranean Mining (as
hereafter defined)taking place beneath the surface of(i)the Subject Property or(ii) adjacent property owned by the
Owner, including, without limitation, ventilation shafts, access portals, surface processing and stockpiling
equipment, and sales building, scales and the like used for the sale of materials obtained through the conduct of
Subterranean Mining.
3. All "Permitted Uses"enumerated in the City's existing GI-General Industrial District ordinance (Section
19.40.330 A of the City's Municipal Code
H. CONDITIONAL SUBTERRANEAN USES
All "Conditional Uses" enumerated in the City's existing GI-General Industrial District ordinance (Section
19.40.330 B of the City's Municipal Code), except those that may be otherwise classified herein as "Permitted
Uses"
As used herein,the term"Subterranean Use" shall mean uses that occur at approximately 250 feet or more below
the surface of the ground.
U ADchhieS\CopartZon indlet it ion.doc
State of Illinois }
County of Cook )ss.
CERTIFICATION OF IDENTITY OF OWNER'S MEMBERS AND SHAREHOLDERS
The undersigned,being first duly sworn on oath, states that the following is/are the all of the shareholders
/members of Bluff City Materials,Inc, and of Gifford 300, LLC, the "Owners"in the subject Development
Application:
Name of Shareholder/Member Address of Shareholder/Member
Mike Vondra,sole shareholder of
Bluff City Materials,Inc. 2252 Southwind Blvd.
Bartlett,Illinois 60103
630-497-1700
Mike Vondra 1992 Trust,as the sole member
of Gifford 300 LLC. The beneficiaries of the
said trust are
Amy Vondra and Matt Vondra 2252 Southwind Blvd.
Bartlett,Illinois 60103
630-497-1700
Dated this a'day of 'b`P�' , 2003
By: ✓_P
'am aworth
Subscribed and sworn to
bee me this
a�gay of Ap � ,2003
OFFlCIAL SEAL
`7 DEBRA L SHEPHERD
notary public NOTARY PUBLIC-STATE OF ILUNOIS
MY COMMISSION EXPIRES JULY 16,2006 ,
U:\DebbieS\CopaitZoningpetition doc
1
EXHIBIT 3
LEGAL DESCRIPTION OF ELGIN PROPERTY
W:\WORK\32279\Development Agreement-vl5.doc
LEGAL DESCRIPTION: PARCEL A
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE 9, EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING
AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 29;
THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS EAST (NORTH 88
DEGREES 54 MINUTES 06 SECONDS EAST RECORD) ALONG THE NORTH
LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO THE
WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTHEAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 176.92 FEET (177.40 FEET DEED); THENCE SOUTH 68
DEGREES 04 MINUTES 20 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.77 FEET (353.95
FEET RECORD), (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS
OF 272.0 FEET AND AN ARC DISTANCE OF 377.24 FEET(385.38 FEET RECORD)
WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE POINT; THENCE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES
57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015.47 FEET TO THE SOUTH LINE OF
THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT
CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER 88412478;
THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST (SOUTH 76
DEGREES 51 MINUTES 08 SECONDS EAST RECORD) ALONG SAID SOUTH
LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA
cAdocume—I\peter\locals—I\temp\parcel_a_5-21-03.doc
ABBOTT CONTRACTORS OF ILLINOIS, INC. 1352.07 FEET (1354.07 FEET
RECORD) TO THE WESTERLY LINE OF AFORESAID ELGIN, JOLIET AND
EASTERN RAILWAY COMPANY TO A POINT THAT IS 1600.00 FEET
SOUTHERLY OF POINT A AFORESAID (AS MEASURED ALONG SAID
WESTERLY LINE); THENCE NORTH 09 DEGREES 03 MINUTES 00 SECONDS
EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG SAID RIGHT
OF WAY LINE 1019.88 (1026.83 FEET RECORD); THENCE NORTH 00 DEGREES
01 MINUTE 30 SECONDS EAST 195.12 FEET (NORTH 00 DEGREES 16 MINUTES
04 SECONDS EAST 188.31 FEET RECORD) TO THE PLACE OF BEGINNING,
(EXCEPTING THEREFROM A 300.0 FOOT STRIP OF LAND ALONG THE
WESTERLY BOUNDARY THEREOF MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT POINT B AFORESAID; THENCE SOUTH 05
DEGREES 46 MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES
15 SECONDS NEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 363.69 FEET(362.82 FEET RECORD) TO
AN ANGLE POINT IN SAID LINE; THENCE SOUTH 08 DEGREES 17 MINUTES 38
SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES 57 SECONDS WEST
RECORD) ALONG SAID LINE 1015.47 FEET; THENCE SOUTH 77 DEGREES 03
MINUTES 59 SECONDS EAST 300.99 FEET (SOUTH 76 DEGREES 51 MINUTES
08 SECONDS EAST 301.03 FEET RECORD); THENCE NORTH 08 DEGREES 17
MINUTES 38 SECONDS EAST (NORTH 08 DEGREES 24 MINUTES 57 SECONDS
EAST RECORD)ALONG A LINE 300.0 FEET EASTERLY OF AND PARALLEL TO
THE EASTERLY LINE OF SAID COMMONWEALTH EDISON PROPERTY 1046.40
FEET (1046.75 FEET RECORD) TO AN ANGLE POINT; THENCE NORTH 05
DEGREES 46 MINUTES 42 SECONDS EAST (NORTH 05 DEGREES 57 MINUTES
15 SECONDS EAST RECORD) ALONG SAID PARALLEL LINE 510.40 FEET
(510.02 FEET RECORD) TO THE SOUTHERLY LINE OF LAND DEDICATED FOR
HIGHWAY PURPOSES; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY
LINE BEING ON A CURVE TO THE RIGHT AND HAVING A RADIUS OF 272.0
FEET AN ARC DISTANCE OF 355.97 FEET (356.31 FEET RECORD) TO THE
POINT OF BEGINNING (THE CHORD OF THE LAST DESCRIBED LINE
BEARING SOUTH 70 DEGREES 44 MINUTES 36 SECONDS WEST 331.11 FEET
(SOUTH 70 DEGREES 50 MINUTES 03 SECONDS WEST 331.38 RECORD)), IN
COOK COUNTY,ILLINOIS.
AND
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE 9, EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF
SAID SECTION 29; THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS
EAST (NORTH 88 DEGREES 54 MINUTES 06 SECONDS EAST RECORD) ALONG
THE NORTH LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO
THE WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
c:\docume-1\peter\locals-1\temp\parcel_a_5-21-03.doc
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTHEAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD)65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 176.92 FEET (177.40 FEET DEED); THENCE SOUTH 68
DEGREES 04 MINUTES 20 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.77 FEET (353.95
FEET RECORD), (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS
OF 272.0 FEET AND AN ARC DISTANCE OF 377.24 FEET(385.38 FEET RECORD)
WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE POINT; THENCE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES
57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015.47 FEET TO THE SOUTH LINE OF
THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT
CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER 88412478;
THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST 300.99 FEET
(SOUTH 76 DEGREES 51 MINUTES 08 SECONDS 301.03 FEET RECORD) TO THE
POINT OF BEGINNING; THENCE SOUTH 77 DEGREES 03 MINUTES 59
SECONDS EAST (SOUTH 76 DEGREES 51 MINUTES 08 SECONDS EAST
RECORD) CONTINUING ALONG SAID SOUTH LINE OF THAT PART
CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT CONTRACTORS
OF ILLINOIS, INC. 1056.08 FEET TO THE WESTERLY LINE OF THE AFORESAID
ELGIN, JOLIET AND EASTERN RAILWAY COMPANY TO A POINT THAT IS
1600.00 FEET SOUTHERLY OF POINT A AFORESAID (AS MEASURED ALONG
SAID WESTERLY LINE); THENCE SOUTH 09 DEGREES 03 MINUTES 00
SECONDS WEST ALONG SAID WESTERLY LINE OF THE ELGIN, JOLIET AND
EASTERN RAILWAY COMPANY 70.14 FEET; THENCE NORTH 77 DEGREES 03
MINUTES 59 SECONDS WEST ALONG A LINE PARALLEL TO SAID SOUTH
LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA
cAdocume--I\ eterUocals--Iltem t arcel S-21-03.doc
P PP _a_
ABBOTT CONTRACTORS OF ILLINOIS, INC., 1055.15 FEET; THENCE NORTH 08
DEGREES 17 MINUTES 38 SECONDS EAST 70.21 FEET TO THE POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 42.0 ACRES MORE OR LESS.
cAdocume-1\peterllocals-1 Vemplparcel_a_5-21-03.doc
LEGAL DESCRPITION: PARCEL B
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE 9, EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF
SAID SECTION 29; THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS
EAST (NORTH 88 DEGREES 54 MINUTES 06 SECONDS EAST RECORD) ALONG
THE NORTH LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO
THE WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTH EAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 178.91 FEET (177.40 FEET DEED); THENCE SOUTH 67
DEGREES 52 MINUTES 02 SECONDS WEST(SOUTH 67 DEGREES 45 MINUTES
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.34 FEET (353.95
FEET RECORD), (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS
OF 272.0 FEET AND AN ARC DISTANCE OF 383.28 FEET(385.38 FEET RECORD)
WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE POINT; THENCE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST(SOUTH 08 DEGREES 24 MINUTES
57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015.47 FEET TO THE SOUTH LINE OF
THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT
CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER 88412478;
THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST 300.99 FEET
(SOUTH 76 DEGREES 51 MINUTES 08 SECONDS 301.03 FEET RECORD);
THENCE SOUTH 08 DEGREES 17 MINUTES 38 SECONDS WEST 70.21 FEET
Odocume-1\peter\locals-111emp\parcel_b_5-21-03.doc
ALONG A LINE 300.00 FEET EASTERLY OF AND PARALLEL TO THE
EASTERLY LINE OF SAID COMMONWEALTH EDISON PROPERTY TO THE
POINT OF BEGINNING; THENCE SOUTH 08 DEGREES 17 MINUTES 38
SECONDS WEST 2525.27 FEET ALONG SAID PARALLEL LINE; THENCE SOUTH
77 DEGREES 03 MINUTES 59 SECONDS EAST ALONG A LINE PARALLEL TO
SAID SOUTH LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS,
INC., FKA ABBOTT CONTRACTORS OF ILLINOIS, INC. 1021.76 FEET TO THE
WESTERLY LINE OF THE AFORESAID ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY AND 647.43 FEET NORTHERLY OF THE NORTHERLY
LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD (AS
MEASURED ALONG SAID WESTERLY LINE OF ELGIN, JOLIET AND EASTERN
RAILWAY); THENCE NORTH 09 DEGREES 03 MINUTES 00 SECONDS EAST
ALONG SAID WESTERLY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY 2522.79 FEET; THENCE NORTH 77 DEGREES 03
MINUTES 59 SECONDS WEST ALONG A LINE PARALLEL TO SAID SOUTH
LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA
ABBOTT CONTRACTORS OF ILLINOIS, INC. 1055.15 FEET TO THE POINT OF
BEGINNING, IN COOK COUNTY,ILLINOIS.
AND
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE 9, EAST
i
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF
SAID SECTION 29; THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS
EAST(NORTH 88 DEGREES 54 MINUTES 06 SECONDS EAST RECORD)ALONG
THE NORTH LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO
THE WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTHEAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST(SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 178.91 FEET (177.40 FEET DEED); THENCE SOUTH 67
DEGREES 52 MINUTES 02 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
cAdocvme-1\peter\locals-1\temp\parcel_b 5-21-03.doc
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.34 FEET (353.95
FEET RECORD), (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS
OF 272.0 FEET AND AN ARC DISTANCE OF 383.28 FEET(385.38 FEET RECORD)
WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE POINT; THENCE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES
57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015.47 FEET TO THE SOUTH LINE OF
THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT
CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER 88412478;
THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST 300.99 FEET
(SOUTH 76 DEGREES 51 MINUTES 08 SECONDS 301.03 FEET RECORD);
THENCE SOUTH 08 DEGREES 17 MINUTES 38 SECONDS WEST 70.21 FEET
ALONG A LINE 300.00 FEET EASTERLY OF AND PARALLEL TO THE
EASTERLY LINE OF SAID COMMONWEALTH EDISON PROPERTY TO THE
POINT OF BEGINNING; THENCE SOUTH 08 DEGREES 17 MINUTES 38
SECONDS WEST 2525.27 FEET ALONG SAID PARALLEL LINE; THENCE
NORTH 77 DEGREES 03 MINUTES 59 SECONDS WEST ALONG A LINE
PARALLEL TO SAID SOUTH LINE OF THAT PART CONVEYED TO BLUFF CITY
MATERIALS, INC., FKA ABBOTT CONTRACTORS OF ILLINOIS, INC. 273.33
FEET TO A POINT ON SAID EASTERLY LINE OF COMMONWEALTH EDISON
PROPERTY; THENCE NORTH 00 DEGREES 20 MINUTES 28 SECONDS EAST
(NORTH 00 DEGREES 01 MINUTE 36 SECONDS EAST RECORD) ALONG SAID
EASTERLY LINE OF COMMONWEALTH EDISON PROPERTY 199.21 FEET TO
AN ANGLE POINT; THENCE NORTH 08 DEGREES 17 MINUTES 38 SECONDS
EAST (NORTH 08 DEGREES 24 MINUTES 57 SECONDS EAST RECORD)ALONG
SAID EASTERLY LINE OF COMMONWEALTH EDISON PROPERTY 2330.22
FEET; THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST ALONG A
LINE PARALLEL TO SAID SOUTH LINE OF THAT PART CONVEYED TO BLUFF
CITY MATERIALS, INC., FKA ABBOTT CONTRACTORS OF ILLINOIS, INC.
300.99 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
AND
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE 9, EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF
SAID SECTION 29; THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS
EAST(NORTH 88 DEGREES 54 MINUTES 06 SECONDS EAST RECORD) ALONG
THE NORTH LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO
Odocume-1\peter\locals-I\temp\parcel_b_5-21-03.doc
THE WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST(NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTHEAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST(SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 178.91 FEET (177.40 FEET DEED); THENCE SOUTH 30
DEGREES 22 MINUTES 29 SECONDS WEST A CHORD DISTANCE OF 27.29
FEET (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS OF 272.0
FEET AND AN ARC DISTANCE OF 27.30 FEET WHICH IS THE SOUTHERLY
LINE OF SAID DEDICATED PROPERTY) TO THE POINT OF BEGINNING;
THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE BEING ON A
CURVE TO THE RIGHT AND HAVING A RADIUS OF 272.0 FEET AN ARC
DISTANCE OF 355.97 FEET (356.31 FEET RECORD) (THE CHORD OF THE LAST
DESCRIBED LINE BEARING SOUTH 70 DEGREES 44 MINUTES 33 SECONDS
WEST 331.11 FEET (SOUTH 70 DEGREES 50 MINUTES 03 SECONDS WEST
331.38 FEET RECORD)), TO A POINT ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID EASTERLY LINE OF COMMONWEALTH
EDISON PROPERTY 363.69 FEET (362.82 FEET RECORD) TO AN ANGLE POINT
IN SAID LINE; THENCE SOUTH 08 DEGREES 17 MINUTES 38 SECONDS WEST
(SOUTH 08 DEGREES 24 MINUTES 57 SECONDS WEST RECORD) ALONG SAID
LINE 1015.47 FEET TO THE SOUTH LINE OF THAT PART CONVEYED TO
BLUFF CITY MATERIALS, INC., FKA ABBOTT CONTRACTORS OF ILLINOIS,
INC. BY DOCUMENT NUMBER 88412478; THENCE CONTINUING ALONG THE
LAST DESCRIBED COURSE SOUTH 08 DEGREES 17 MINUTES 38 SECONDS
WEST (SOUTH 08 DEGREES 24 MINUTES 57 SECONDS WEST RECORD) 70.21
FEET; THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST ALONG A
LINE PARALLEL TO SAID SOUTH LINE OF THAT PART CONVEYED TO BLUFF
CITY MATERIALS, INC., FKA ABBOTT CONTRACTORS OF ILLINOIS, INC.
300.99 FEET; THENCE NORTH 08 DEGREES 17 MINUTES 38 SECONDS EAST
70.21 FEET ALONG A LINE 300.00 FEET EASTERLY OF AND PARALLEL TO
odocume—I\peteriloc&—I\temp\pamel_b_5-21-03.doc
THE EASTERLY LINE OF SAID COMMONWEALTH EDISON PROPERTY TO
SAID SOUTH LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS,
INC., FKA ABBOTT CONTRACTORS OF ILLINOIS, INC.; THENCE NORTH 08
DEGREES 17 MINUTES 38 SECONDS EAST (NORTH 08 DEGREES 24 MINUTES
57 SECONDS EAST RECORD) ALONG A LINE 300.0 FEET EASTERLY OF AND
PARALLEL TO THE EASTERLY LINE OF SAID COMMONWEALTH EDISON
PROPERTY 1046.40 FEET (1046.75 FEET RECORD) TO AN ANGLE POINT;
THENCE NORTH 05 DEGREES 46 MINUTES 42 SECONDS EAST (NORTH 05
DEGREES 57 MINUTES 15 SECONDS EAST RECORD) ALONG SAID PARALLEL
LINE 510.40 FEET(510.02 FEET RECORD) TO THE SOUTHERLY LINE OF LAND
DEDICATED FOR HIGHWAY PURPOSES AND THE POINT OF BEGINNING, IN
COOK COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 87.63 ACRES MORE OR LESS
cAdocume—l\peteNocals—lltemplparcel_b 5-21-03.doc
LEGAL DESCRPITION: PARCEL C
THAT PART OF SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 41
NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN LYING NORTH
OF THE NORTHERLY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL &
PACIFIC RAILROAD; EAST OF THE EASTERLY LINE OF COMMONWEALTH
EDISON COMPANY PROPERTY, SAID LINE BEING 40.0 FEET EASTERLY OF
AND PARALLEL TO A LINE DEFINED AS THE EASTERLY LINE IN
DOCUMENTS 9899344 AND 9929391; WEST OF THE WESTERLY RIGHT OF
WAY LINE OF THE ELGIN, JOLIET AND EASTERN RAILWAY COMPANY; AND
SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE
NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 29;
THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS EAST (NORTH 88
DEGREES 54 MINUTES 06 SECONDS EAST RECORD) ALONG THE NORTH
LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO THE
WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTH EAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST(SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 178.91 FEET (177.40 FEET DEED); THENCE SOUTH 67
DEGREES 52 MINUTES 02 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.34 FEET (353.95
FEET RECORD), (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS
OF 272.0 FEET AND AN ARC DISTANCE OF 383.28 FEET (385.38 FEET RECORD)
WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE POINT; THENCE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES
cAdocume—I\peter\locals—I\temp\parcel_c_5-21-03.doc
57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 3415.90 FEET; THENCE SOUTH 00
DEGREES 20 MINUTES 28 SECONDS WEST, ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 199.21 FEET TO THE POINT OF
BEGINNING OF SAID LINE; THENCE SOUTH 77 DEGREES 03 MINUTES 59
SECONDS EAST ALONG A LINE PARALLEL TO THE SOUTH LINE OF THAT
PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT
CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER 88412478, 1295.09
FEET TO THE WESTERLY LINE OF THE AFORESAID ELGIN, JOLIET AND
EASTERN RAILWAY COMPANY AND 647.43 FEET NORTHERLY OF THE
NORTHERLY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC
RAILROAD (AS MEASURED ALONG SAID WESTERLY LINE OF THE ELGIN,
JOLIET AND EASTERN RAILWAY), IN COOK COUNTY,ILLINOIS.
SAID PARCEL CONTAINING 13.95 ACRES MORE OR LESS
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c.ilocume—]\pete,vocals—]ltemp\parcel_c_5-21-o3.doc
LEGAL DESCRPITION: PARCEL D
THAT PART OF SECTIONS 19, 20,29 AND 30, IN TOWNSHIP 41 NORTH,RANGE
9, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE
SOUTH 88 DEGREES 10 MINUTES 34 SECONDS WEST, 1178.94 FEET, ALONG
THE SOUTH LINE OF SAID SECTION 19 TO THE CENTER LINE OF GIFFORD
ROAD AND THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 41
MINUTES 05 SECONDS EAST, 776.61 FEET, ALONG SAID CENTER LINE OF
GIFFORD ROAD; THENCE SOUTH 83 DEGREES 29 MINUTES 58 SECONDS
EAST, 107.18 FEET;THENCE NORTH 51 DEGREES 16 MINUTES 57 SECONDS
EAST, 287.38 FEET; THENCE SOUTH 88 DEGREES 21 MINUTES 58 SECONDS
EAST, 462.00 FEET; THENCE SOUTH 86 DEGREES 21 MINUTES 07 SECONDS
EAST, 361.60 FEET, TO THE EAST LINE OF SAID SECTION 19; THENCE
CONTINUING ALONG THE LAST DESCRIBED COURSE, 297.16 FEET, TO THE
SOUTHERLY LINE OF BLUFF CITY BOULEVARD (FRONTAGE ROAD);
THENCE SOUTH 73 DEGREES 13 MINUTES 35 SECONDS EAST, 886.90 FEET,
ALONG SAID SOUTHERLY LINE TO THE WESTERLY RIGHT OF WAY LINE OF
COMMONWEALTH EDISON, PER DOCUMENTS 9899344 AND 9929391; THENCE
SOUTH 05 DEGREES 57 MINUTES 54 SECONDS WEST, I302.56 FEET, ALONG
SAID WESTERLY RIGHT OF WAY; THENCE SOUTH 08 DEGREES 23 MINUTES
10 SECONDS WEST, 2515.42 FEET, ALONG SAID WESTERLY RIGHT OF WAY;
THENCE SOUTH 00 DEGREES 17 MINUTES 34 SECONDS EAST, 453.78 FEET,
ALONG SAID WESTERLY RIGHT OF WAY TO THE NORTHERLY LINE OF THE
CHICAGO, MILWAUKEE, ST. PAUL & PACFIC RAILROAD; THENCE NORTH 62
DEGREES 45 MINUTES 31 SECONDS WEST, 710.76 FEET, ALONG THE
NORTHERLY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACFIC
RAILROAD TO THE WEST LINE OF SAID SECTION 29; THENCE CONTINUING
ALONG THE LAST DESCRIBED COURSE, 1358.27 FEET, TO THE CENTER LINE
OF GIFFORD ROAD; THENCE NORTH 00 DEGREES 46 MINUTES 10 SECONDS
EAST, 2657.83 FEET, ALONG SAID CENTER LINE OF GIFFORD ROAD TO THE
POINT OF BEGINNING,IN COOK COUNTY,ILLINOIS.
SAID PARCEL CONTAINING 192.30 ACRES MORE OR LESS
c:\docume—l\peter\locals—l\temp\parcel_d-5-21-03.doc
LEGAL DESCRPITION: PARCEL E
THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 114 OF SECTION 30,
TOWNSHIP 41 NORTH,RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS, LYING EAST OF THE CENTERLINE OF GIFFORD
ROAD, SOUTHWESTERLY OF THE RIGHT OF WAY OF THE CHICAGO,
MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY, AND NORTH OF THE
CENTER LINE OF SPAULDING ROAD, EXCEPT THAT PART DESCRIBED AS
FOLLOWS: BEGINNING AT A RAILROAD SPIKE IN CONCRETE (SAID
RAILROAD SPIKE BEING ON THE EAST LINE OF SAID SOUTHEAST 1/4 112.22
FEET SOUTH OF THE INTERSECTION OF SAID EAST LINE WITH THE
SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL
AND PACIFIC RAILROAD COMPANY); THENCE SOUTH 0 DEGREES ALONG
THE EAST LINE OF SAID SOUTHEASTI/4, 1182.07 FEET TO THE CENTER LINE
OF SPAULDING ROAD; THENCE NORTH 88 DEGREES 28 MINUTES 06
SECONDS WEST ALONG SAID CENTER LINE 1273.35 FEET TO THE CENTER
LINE OF GIFFORD ROAD; THENCE NORTH 01 DEGREE 47 MINUTES 34
SECONDS EAST ALONG SAID CENTER LINE 1168.49 FEET; THENCE SOUTH
89 DEGREES 33 MINUTES 23 SECONDS EAST 1236.38 FEET TO A POINT 10.31
FEET NORTH OF THE POINT OF BEGINNING (AS MEASURED ALONG SAID
EAST LINE OF SOUTHEAST 1/4); THENCE SOUTH 0 DEGREES ALONG SAID
EAST LINE 10.31 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
AND
THAT PART OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 2%
TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON THE WEST LINE OF SAID SOUTHWEST 1/4, 840 FEET SOUTH OF
THE NORTHWEST CORNER, BEING A POINT ON THE SOUTHWESTERLY
RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN RAILWAY
COMPANY, FOR A POINT OF BEGINNING; THENCE SOUTH 50 FEET, ALONG
AFORESAID WEST LINE TO THE SOUTHWEST 1/4; THENCE EAST 80 FEET,
MORE OR LESS, TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY
LINE OF THE AFORESAID RAILROAD; THENCE NORTHWESTERLY ALONG
THE AFORESAID SOUTHWESTERLY RIGHT OF WAY LINE, TO THE POINT OF
BEGINNING, IN COOK COUNTY,ILLINOIS.
SAID PARCEL CONTAINING 11.60 ACRES MORE OR LESS
cAdocume-1\peterUocals-1\tempiparcel_e_5-21-03.doc
EXHIBIT 4
SITE MAP
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Resolution No. 03-194
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH
THE VILLAGE OF BARTLETT, BLUFF CITY MATERIALS, INC. ,
GIFFORD 300, L.L.C. , BLUFF CITY, L.L. 0 AND
SOUTHWIND FINANCIAL, LTD.
(West of State Route 25 and South of U. S . Route 20)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be
and are hereby authorized and directed to execute a
Intergovernmental Agreement on behalf of the City of Elgin with the
Village of Bartlett, Bluff City Materials, Inc . , Gifford 300 ,
L.L.C. , Bluff City, L.L.C. and Southwind Financial , Ltd. to permit
a subterranean mining operation on property located west of State
Route 25 and south of U. S. Route 20, a copy of which is attached
hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: June 25, 2003
Adopted: June 25, 2003
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
EXHIBIT 5
INTERGOVERNMENTAL AGREEMENT
unw7nuu\47?79\1)evclonment Aueement-v15.doc 20
INTERGOVERNMENTAL AGREEMENT AND COVENANT
THIS INTERGOVERNMENTAL AGREEMENT AND COVENANT (this "Agreement") is made
and entered into as of the_day of , 2003 by and between the CITY OF ELGIN, an
Illinois municipal corporation(hereinafter referred to as "Elgin"), the VILLAGE OF BARTLETT, an
Illinois municipal corporation (hereinafter referred to as 'Bartlett"), Bluff City Materials, Inc., an Illinois
corporation("Bluff City"), Gifford 300, LLC, an Illinois limited liability company(Gifford 300"), Bluff
City, LLC, an Illinois limited liability company("City LLC")and Southwind Financial, Ltd, an Illinois
corporation("Southwind").
WITNESSETH
WHEREAS, Article 7, Section 10 of the Constitution of the State of Illinois, 1970, authorizes units of
local government, including municipalities,to enter into contracts to exercise, combine or transfer any power
or function not prohibited to them by law or ordinance; and
WHEREAS, Illinois Compiled Statutes, Chapter 5, Section 220/1 et seq., known as the
Intergovernmental Cooperation Act, authorizes units of local government in Illinois to exercise jointly with
any other public agency within the state, including other units of local government, any power,privilege, or
authority which may be exercised by a unit of local government individually and to enter into contracts for
the performance of governmental services, activities and undertakings; and
WHEREAS,Bluff City and Gifford 300 (hereinafter collectively called the"Elgin Owner") are the
owners of record of a certain parcel of real property containing approximately 347 acres described in Exhibit
"A"which is attached hereto and made a part hereof(which real property, for convenience, is hereafter
referred to as the"Elgin Property"). The Elgin Property is currently within the corporate limits of Elgin, and
is also contiguous to the Bartlett Property(hereafter defined); and
WHEREAS, City LLC and Southwind(hereinafter collectively called the"Bartlett Owner") are the
owners of record of the real property containing approximately 311 acres described in Exhibit"B" attached
hereto and made a part hereof(which real property, for convenience,is hereafter referred to as the`Bartlett
Property"). The Bartlett Property is currently in unincorporated Cook and Kane Counties, Illinois; and
WHEREAS,the Elgin Owner and the Bartlett Owner are affiliated companies and thus are
hereinafter collectively called the"Owner"; and
WHEREAS, Owner has petitioned Elgin for the approval of one or more ordinances authorizing the
conduct of Subterranean Mining(as hereafter defined) on the Elgin Property; and
WHEREAS, Owner has petitioned Bartlett for the approval of one or more ordinances annexing the
Bartlett Property and authorizing the conduct of Subterranean Mining(as hereafter defined)on the Bartlett
Property; and
FALegal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc I
WHEREAS,Bluff City(or its subcontractors, sublessees,or the respective Owners' lessee(s))is
anticipated to be the company that will conduct Subterranean Mining on both the Elgin Property and the
Bartlett Property under its agreements with the Elgin Owner and the Bartlett Owner; and
WHEREAS, Elgin and Bartlett agree that if they each approve Subterranean Mining on the Elgin and
Bartlett Properties (respectively),then it would be mutually beneficial to Elgin and Bartlett that (i)they each
collect Subterranean Mining Royalties (as hereafter defined) from the party conducting such Subterranean
Mining and(b)they agree to Royalty Sharing(as hereafter defined); and
WHEREAS, Elgin and Bartlett are each home rule units which may lawfully exercise any power or
perform any function relating to its government and affairs; and
WHEREAS, the various undertakings by Elgin and by Bartlett in this Agreement relate to the
respective government and affairs of Elgin and Bartlett.
NOW,THEREFORE, for and in consideration of the mutual promises and undertakings set forth
herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
DEFINITIONS
"Subterranean Mining"means "Subterranean Mining"shall mean the conduct, at depths not less than
approximately 250 feet below the surface of the ground, of mining and removal of limestone, galena, gravel,
sand and other minerals(collectively"Resources"), via blasting and other means, and, as incidental or
accessory operations to the foregoing or in connection therewith(i) the stockpiling and sale, at wholesale or
retail, of the Resources; (ii)the screening, crushing,mixing,washing, grinding and storage of the Resources
in connection with the preparation of the same for sale; (iii)the construction,maintenance and operation of
such buildings, structures, conveyors, and other moveable and immovable equipment necessary to carry out
the foregoing,including underground passages, shafts or entries through, to and from other mines and lands
adjacent to or on the property, (iv)the storage of explosives and such other equipment necessary to carry out
the mining, (v) the establishment of subterranean offices, equipment storage and equipment repair facilities,
and(vi)the establishment on the surface of secondary processing equipment, stockpiles of processed
Resources, and scales and offices used in connection with the sale of such Resources. Blasting on the surface
shall be permitted only to the extent required to construct the"portal"leading from the surface to the
subterranean mining operation.
"Subterranean Mining Royalties" shall have the meaning as set forth in paragraph 1.4(b)below;
"Royalty Sharing"shall have the meaning as set forth in paragraph 1.4(c)below.
AGREEMENT
I. ZONING CONSIDERATION: ROYALTIES
1.1 The Owner has filed (a)with Elgin one or more applications (the"Elgin Mining
Application") seeking its approval of the conduct of Subterranean Mining on the Elgin
Property and(b)with Bartlett, one or more applications (the`Bartlett Annexation and Mining
FALegal Dept\Agreement\Bluff City Materials Intergovemmental Agr.doc 2
Application") seeking the annexation by Bartlett and its approval of the and the conduct of
Subterranean Mining on the Bartlett Property.
1.2 Elgin hereby agrees to administratively process and consider in good faith and without undue
delay the Elgin Mining Application filed by Owner. Elgin shall promptly notify Bartlett in
writing of the action taken by Elgin's corporate authorities in granting or denying the Elgin
Mining Application.
1.3 Bartlett hereby agrees to administratively process and consider in good faith and without
undue delay the Bartlett Annexation and Mining Application filed by Owner. Bartlett shall
promptly notify Elgin in writing of the action taken by Bartlett's corporate authorities in
granting or denying the Bartlett Annexation and Mining Application.
1.4 If Elgin approves Subterranean Mining pursuant to the Elgin Mining Application and Bartlett
approves Subterranean Mining pursuant to the Bartlett Annexation and Mining Application,
then Elgin and Bartlett agree as follows:
(a) Elgin and Bartlett shall each require that the party or parties that may, from time to
time,be conducting the Subterranean Mining activities on the Elgin Property and on
the Bartlett Property(hereinafter called the"Mining Operator") shall be required to
pay all Subterranean Mining Royalties (as hereafter defined)to each of Elgin and
Bartlett in the manner prescribed in subparagraph 1(c)below.
(b) The term"Subterranean Mining Royalty" shall mean a royalty equal to the product of
(i) 1 %z% (.015)multiplied by(ii)the Mining Operator's Net Subterranean Mining
Imputed Sales Revenue (as hereafter defined).
(c) The term"Net Subterranean Mining Imputed Sales Revenue"means:
(A) Arms-length Sales to Third Parties Consummated at the Elgin
Property and/or Bartlett Property: In the case of sales of
Resources extracted through the conduct of Subterranean Mining under
the Elgin Property and/or Bartlett Property and sold at arms length to
a third party purchaser,the Net Subterranean Mining Imputed Sales
Revenue shall equal(1) gross sales price billed by the Mining Operator
to the third-party less(2) all taxes, freight, shipping and customer
allowances, and such Net Subterranean Mining Imputed Sales Revenue
shall be deemed to have been received by the Mining Operator on the
date such Resources leave the confines of both the Elgin Property and
the Bartlett Property. If the Mining Operator sells the said Resources to
(A)the Owner or(B) an affiliate of the Owner or Mining Operator(in
either case an"Intermediary") and such Intermediary re-sells the
Resources to the ultimate third party purchaser,then the Net
Subterranean Mining Imputed Sales Revenue shall be based upon(x)
gross sales price billed by the Intermediary to the third-party less(y) all
taxes, freight, shipping and customer allowances;
FALegal Dept\Agreement\Bluff City Materials Intergovemmental Agr.doc 3
(B) Dispositions Not Involving Sales at Arms-length: In the case of the
disposition of saleable Resources extracted through the conduct of
Subterranean Mining under the Elgin Property and/or Bartlett
Property other than by way of sale (such as,by way of example only,
through exchange,barter, or gift)but excluding those Resources used
in on-site construction or maintenance, the Net Subterranean Mining
Imputed Sales Revenue shall be deemed to equal the product of(1)the
average sales price per ton enjoyed by the Mining Operator from the
arms length sale of similar Resources to third party purchasers of
similar-sized orders of such Resources during the preceding 12 months
multiplied by(2)the tonnage of such Resources which is shipped off
the confines of both the Elgin Property and the Bartlett Property; it
being the intention of the parties that Elgin shall be entitled to receive
Subterranean Mining Royalties whenever such saleable Resources are
removed from the confines of both the Elgin Property and the Bartlett
Property even though not by way of traditional sale.
(C) Sales of Resources From Other Business Sites of the Mining
Operator: In the case of the disposition of Resources (i) extracted
through the conduct of Subterranean Mining under the Elgin Property
and/or Bartlett Property other than to a third party purchaser and(ii)
shipped to an off-site sales yard operated by the Mining Operator for
sale from such off-site location, the Net Subterranean Mining Imputed
Sales Revenue shall be determined as follows:
(1) if such Resources are sold within six (6)months of being removed
from the Elgin Property and Bartlett Property, then the Net
Subterranean Mining Imputed Sales Revenue shall be determined
on the date of such sale in the manner provided in subparagraph(A)
above; and otherwise
(2) if such Resources are not sold within six (6)months of being
removed from the Elgin Property and Bartlett Property, then the Net
Subterranean Mining Imputed Sales Revenue shall be determined
as of the first day of the seventh(7th)month in the manner provided
in subparagraph(B) above.
(d) Subterranean Mining Royalties payable by any and all Mining Operators to either of
Elgin or Bartlett(or to both municipalities) shall be shared as follows(hereinafter
called"Royalty Sharing"):
(i) It is agreed that for the first five(5)years following the date on which
Resources are first extracted from a depth of below 250 feet on either the Elgin
Property or the Bartlett Property(such date being hereinafter called the
"Subterranean Mining Commencement Date"), all Subterranean Mining
Royalties received by either Elgin or Bartlett shall be shared two-thirds
(2/3rds)to Bartlett and one-third(1/3rd)to Elgin. The Owner shall notify Elgin
FALegal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc 4
and Bartlett in writing on the date that Resources are first extracted from a
depth of below 250 feet on either the Elgin Property or the Bartlett Property.
(ii) Commencing with the first day of the sixth(0h)year following the
Subterranean Mining Commencement Date, and continuing through the fifty-
second(52nd) year following the Subterranean Mining Commencement Date,
all Subterranean Mining Royalties received by either Elgin or Bartlett shall be
shared one-half(1/2)to Bartlett and one-half(1/2)to Elgin.
(iii) Commencing with the first day of the fifty-third(53`d) year following the
Subterranean Mining Commencement Date, and continuing through the fifty-
seventh(57th) year following the Subterranean Mining Commencement Date
while Subterranean Mining shall continue on either or both of the Elgin
Property and/or the Bartlett Property all Subterranean Mining Royalties
received by either Elgin or Bartlett shall be shared two-thirds (2/3rds)to Elgin
and one-third(1/3`d)to Bartlett.
(iv) Commencing with the first day of the fifty-eighth(58th)year following the
Subterranean Mining Commencement Date, and continuing while
Subterranean Mining shall continue on either or both of the Elgin Property or
the Bartlett Property, all Subterranean Mining Royalties received by either
Elgin or Bartlett shall be shared one-half(1/2)to Bartlett and one-half(1/2)to
Elgin.
(v) Elgin and Bartlett expressly acknowledge and agree that(A)imbalances will
predictably occur in the amount of Subterranean Mining that may, at any one
time, or from time to time,be occurring within the Elgin Property and/or
Bartlett Property, and accordingly(B)Royalty Sharing in the manner provided
for herein will generally flatten revenue fluctuations for both municipalities to
their individual and mutual best interests.
(vi) Elgin and Bartlett also expressly acknowledge and agree that if either of them,
after first approving the conduct of Subterranean Mining, later terminates the
right to conduct such Subterranean Mining on either of the Elgin Property or
the Bartlett Property(as the case may be)then such municipality so
terminating such right to conduct Subterranean Mining shall waive all rights to
receive any further Royalty Sharing from the other municipality and, instead,
only the municipality which permits Subterranean Mining shall have any right
to receive Subterranean Mining Royalties.
(e) To secure the payment of the Subterranean Mining Royalties to Elgin and Bartlett as
provided herein,the Owner shall:
(i) record against the Elgin Property and the Bartlett Property a covenant(the
"Royalty Covenant")which shall run with title to the land and which
memorializes the obligation of any Mining Operator to pay Subterranean
Mining Royalties as provided herein. Elgin and Bartlett agree that said
Royalty Covenant shall not be deemed to be an obligation upon any party(1)
FALegal Dept\Agreement\Bluff City Materials Intergovemmental Agr.doc 5
to whom the current Owner may sell the Elgin Property or Bartlett Property, or
any portion of either of same("New Owner") and (2)who does not have any
financial interest in the Subterranean Mining occurring thereon;provided,
however,that the Royalty Covenant shall continue to be a binding obligation
upon any person or entity that continues to, or thereafter conducts, any
Subterranean Mining on the Elgin Property or Bartlett Property, or either of
same.
(ii) include in any lease or subcontract agreement the Owner may enter into with a
Mining Operator in connection with Subterranean Mining("Mining
Agreement") specific provisions (A)obligating the Mining Operator to pay the
Subterranean Mining Royalty directly to Elgin and Bartlett to the extent
payable under such Mining Agreement, and (B)making Elgin and Bartlett
third party beneficiaries of any such Mining Agreement with the right to
enforce the payment of the Subterranean Mining Royalties as against the
Mining Operator to the extent payable under such Mining Agreement.
(f) Owner hereby further covenants,represents and agrees as follows:
(i) Owner is agreeing to pay the Subterranean Mining Royalties as an inducement
to Elgin and Bartlett to enter into this Intergovernmental Agreement and to
zone the Elgin Property and Bartlett Property in order to allow blasting on and
under the Elgin Property and Bartlett Property in connection with Subterranean
Mining; and
(ii) Owner further acknowledges and agrees that(A)the imposition of the
Subterranean Mining Royalties by Elgin and Bartlett is not motivated by the
desire to merely raise revenue,but, instead, (B) such Subterranean Mining
Royalties bear a reasonable relationship to the costs anticipated to be incurred
in maintaining public safety by Elgin and Bartlett in connection with the
regulation and administration of the Subterranean Mining within their
respective corporate boundaries; and
(iii) The Owner, for itself and its successors, assigns, grantees, licensees and tenants,
hereby waives and releases any claim it may have, or allege to have,to challenge
the propriety/legality of the Subterranean Mining Royalties; and
(iv) The Owner, for itself and its successors, assigns, grantees,licensees and tenants
hereby covenants and agrees that in consideration of this Agreement neither the
Owner nor its successors, assigns, grantees,licensees or tenants shall directly or
indirectly sue Elgin or Bartlett in an effort to have declared invalid,or to
otherwise eliminate or modify,the requirement contained herein that
Subterranean Mining Royalties shall be payable to Elgin and Bartlett as provided
herein. (The covenant and agreement of the Owner as set forth in the preceding
sentence shall hereinafter be called the "Covenant Not To Sue"). The parties
hereto understand and agree that the Owner's Covenant Not To Sue as stated
herein is a material inducement to Elgin and Bartlett's agreement to enter into
this Agreement and is freely and voluntarily given.
FALegal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc 6
(v) The Owner hereby agrees to insert into any lease or license agreement that it
may enter into with a third party in connection with the conduct of
Subterranean Mining on the Elgin Property and Bartlett Property provisions
referring to and incorporating the provisions of this subparagraph 1.4(f)so as
to make same binding on such third party.
1.5 If(a)the Owner withdraws the Elgin Development Application prior to approval thereof by
Elgin,or(b)Elgin does not approve same,then in either event Elgin shall not be entitled to
any Royalty Sharing from Bartlett hereunder.
1.6 Similarly, if(a) the Owner withdraws the Bartlett Annexation and Development Application
prior to approval thereof by Bartlett, or(b)Bartlett does not approve same, then Bartlett shall
not be entitled to any Royalty Sharing from Elgin hereunder.
II. GENERAL PROVISIONS
2.1 This Agreement shall be binding upon and inure to the benefit of Elgin and Bartlett and their
respective successors and assigns.
2.2 This Agreement shall not be construed or interpreted as a precedent for any other property or
other purpose.
2.3 Each party hereto represents to the other that it has full knowledge as to all material matters
bearing on the respective positions and obligations that are addressed by this Agreement and
acknowledges the reliance of the other party on the representations and undertakings set forth
herein in entering into this Agreement.
2.4 This Agreement embodies the entire agreement of the parties with respect to the subject
matter hereof. There are no promises, terms, conditions or obligations other than those
contained herein. This Agreement shall not be modified except with the written consent of
Elgin and Bartlett.
2.5 Neither Elgin nor Bartlett shall be under any obligation to approve the Elgin Development
Application or the Bartlett Annexation and Development Application. Neither party shall be
under any obligation to exercise any of the rights granted to it in this Agreement except as it
shall determine to be in its best interest from time to time. Except as otherwise expressly
provided herein, the failure of any party to exercise at any time any such right shall not be
deemed or construed a waiver thereof,nor shall such failure void or adversely affect such
party's right to enforce such right or any other right. However,nothing contained in this
paragraph 2.5 shall relieve either party of its obligations hereunder.
2.6 Unless expressly provided to the contrary in this Agreement, each and every one of the rights,
remedies and benefits provided by this Agreement shall be cumulative and shall not be
exclusive of any other such rights, remedies and benefits allowed by law.
FALegal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc 7
2.7 This Agreement is and shall be deemed and construed to be the joint and collective work
product of Elgin, Bartlett and Bluff City and the Owner and, as such,this Agreement shall not
be construed against either party, as the otherwise purported drafter of same,by any court of
competent jurisdiction and order resolving any inconsistency, any ambiguity, vagueness or
conflict in the terms or provisions,if any, contained herein.
2.8 This Agreement shall be enforceable in a court of competent jurisdiction by any of the parties,
by an appropriate action at law or in equity to secure the performance of the covenants herein
described. If any clause or provision of this Agreement is determined to be illegal, invalid, or
unenforceable under present or future laws,the remainder of this Agreement shall not be
affected by such determination, and in lieu of each clause or provision that is determined to be
illegal, invalid or unenforceable,there shall be added as a part of this Agreement a clause or
provision as similar in terms to such illegal, invalid or unenforceable clause or provision as
may be possible and be legal, valid and enforceable. If the Owner or the Mining Operator
legally challenge the validity of the covenant contained herein requiring the payment of
Mining Royalties and such covenant is declared invalid,then Elgin and/or Bartlett shall be
entitled to a preliminary and permanent injunction prohibiting any further Subterranean
Mining(and surface activities in support thereof) on the Elgin Property or Bartlett Property.
The parties hereto agree to litigate any and all disputes arising out of or in connection with
this Agreement in the Circuit Court of Cook County, Illinois, and by executing this
Agreement each parties agrees that such Court shall be the proper and exclusive venue for any
such proceeding.
2.9 This Agreement may be executed in multiple counterparts, all of which,together, shall
constitute one and the same agreement. Further,photocopies, facsimile transmissions and
other reproductions of this Agreement and/or the signatures hereon shall be the equivalent of
originals.
2.10 No party shall be deemed to be in breach of its obligations hereunder unless (i)written notice
of the alleged breach is first given to such party allegedly in default(the"Defaulting Party")
and(ii)the Defaulting Party fails to correct such alleged breach within 30 days of the date of
such notice. Without limiting the generality of the foregoing,because it is anticipated that the
Mining Operator will be calculating and making payments of Subterranean Mining Royalties
directly to Elgin and Bartlett, it is further agreed that notice of any failure by the Mining
Operator to make such payments shall be given to Owner and the Mining Operator.
2.11 Elgin and Bartlett shall have the right to review or audit the Mining Operator's
records pertaining to its Net Subterranean Mining Imputed Sales Revenue not more
frequently than once each calendar quarter at the Mining Operator's offices located
in the Chicagoland area. The payment of the Subterranean Mining Royalty shall be
made within 60 days following the close of each calendar quarter.
2.12 Any failure on the part of a Mining Operator to pay to Elgin or Bartlett all Subterranean
Royalties required under this Agreement shall hereinafter be called a"Royalty Deficiency".
Elgin and Bartlett each agree that:
FALegal Dept\AgreemenABluff City Materials Intergovernmental Agr.doc 8
(a) it shall not have the right to assert any claim("Royalty Deficiency Claim") or take
any other action against the Owner or the Mining Operator that extracted and
sold the Resources, or the Owner's zoning entitlements with respect to any
Royalty Deficiency on the part of the Mining Operator that pertain to Net
Subterranean Mining Imputed Sales Revenue generated by such Mining Operator
more than five (5)years prior to the assertion of the Royalty Deficiency Claim;
and
(b) If the Owner notifies Elgin and Bartlett in writing that the existing Mining
Operator ("Existing Operator") has or will be replaced (hereinafter called an
"Operator Change Notice") then neither Elgin nor Bartlett shall have the right to
assert any Royalty Deficiency Claim, or take any other action against the Owner
or the Mining Operator that extracted and sold the Resources, or the Owner's
zoning entitlements,with respect to any Royalty Deficiency on the part of the
Existing Operator unless such Royalty Deficiency Claim is asserted within six (6)
months of the Operator Change Notice, and in such case the Royalty Deficiency
Claim shall not pertain to Net Subterranean Mining Imputed Sales Revenue
generated by such Mining Operator more than five (5) years prior to the assertion
of the Royalty Deficiency Claim .
2.13 In any action or proceeding between the parties arising out of or in connection with this
Agreement or the breach or enforcement hereof, the party(ies)prevailing in such proceeding
shall be entitled to recover its/their costs and expenses, including,without limitation,
reasonable attorneys' fees, from the non-prevailing party(ies).
2.14 The parties agree to cooperate in good faith in recording against the Elgin Property and the
Bartlett Property a memorandum of this Agreement.
[signature page follows]
FALegal Dept\AgreemenABluffCity Materials Intergovernmental Agr.doc 9
IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement on the
date and year first written above.
THE CITY ELGIN, an Illinois municipal corporation
By:
Ed Schock, Mayor
Attest:
Aver�—
Dolonna Mecum, City Clerk
THE VILLAGE OF BARTLETT, an Illinois municipal corporation
By:
Catherine J. Melchert, President
Attest:
Linda Gallien, Village Clerk
BLUFF CITY MATERIALS, INC., an Illinois corporation
By: _
Vf c e , President
C:\unzipped\DevelopmentA,reemenl-v l6-Flnal\MlninglG.A-v 14-Final.doc I
GIFFORD 300, LLC,an Illinois limited liability company
By: W
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Southwind Financial, Ltd., an Illinois corporation
By: ae
BLUFF CITY, LLC,an Illinois limited liability company
By: mil/
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C:\unzipped\DevelopmentAgreement-v 16-Final\MininglGA-v 14-Final.doc 1
EXHIBIT A
Elwin Property Legal Description
W:IWORK\32279\Mining IGA-v13-Bazos.doc 12
LEGAL DESCRIPTION: PARCEL A
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE 9, EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING
AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 29;
THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS EAST (NORTH 88
DEGREES 54 MINUTES 06 SECONDS EAST RECORD) ALONG THE NORTH
LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO THE
WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTHEAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 176.92 FEET (177.40 FEET DEED); THENCE SOUTH 68
DEGREES 04 MINUTES 20 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.77 FEET (353.95
FEET RECORD), (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS
OF 272.0 FEET AND AN ARC DISTANCE OF 377.24 FEET(385.38 FEET RECORD)
WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH OS DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE POINT; THENCE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST(SOUTH 08 DEGREES 24 MINUTES
57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015.47 FEET TO THE SOUTH LINE OF
THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT
CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER 88412478;
THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST (SOUTH 76
DEGREES 51 MINUTES 08 SECONDS EAST RECORD) ALONG SAID SOUTH
LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA
cAdocume--l\peter\locals—I\Iemp\parcel_a 5-21-03.doe
ABBOTT CONTRACTORS OF ILLINOIS, INC. 1352.07 FEET (1354.07 FEET
RECORD) TO THE WESTERLY LINE OF AFORESAID ELGIN, JOLIET AND
EASTERN RAILWAY COMPANY TO A POINT THAT IS 1600.00 FEET
SOUTHERLY OF POINT A AFORESAID (AS MEASURED ALONG SAID
WESTERLY LINE); THENCE NORTH 09 DEGREES 03 MINUTES 00 SECONDS
EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG SAID RIGHT
OF WAY LINE 1019.88 (1026.83 FEET RECORD); THENCE NORTH 00 DEGREES
01 MINUTE 30 SECONDS EAST 195.12 FEET (NORTH 00 DEGREES 16 MINUTES
04 SECONDS EAST 188.31 FEET RECORD) TO THE PLACE OF BEGINNING,
(EXCEPTING THEREFROM A 300.0 FOOT STRIP OF LAND ALONG THE
WESTERLY BOUNDARY THEREOF MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT POINT B AFORESAID; THENCE SOUTH 05
DEGREES 46 MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES
15 SECONDS NEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 363.69 FEET (362.82 FEET RECORD)TO
AN ANGLE POINT IN SAID LINE; THENCE SOUTH 08 DEGREES 17 MINUTES 38
SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES 57 SECONDS WEST
RECORD) ALONG SAID LINE 1015.47 FEET; THENCE SOUTH 77 DEGREES 03
MINUTES 59 SECONDS EAST 300.99 FEET (SOUTH 76 DEGREES 51 MINUTES
08 SECONDS EAST 301.03 FEET RECORD); THENCE NORTH 08 DEGREES 17
MINUTES 38 SECONDS EAST (NORTH 08 DEGREES 24 MINUTES 57 SECONDS
EAST RECORD)ALONG A LINE 300.0 FEET EASTERLY OF AND PARALLEL TO
THE EASTERLY LINE OF SAID COMMONWEALTH EDISON PROPERTY 1046.40
FEET (1046.75 FEET RECORD) TO AN ANGLE POINT; THENCE NORTH 05
DEGREES 46 MINUTES 42 SECONDS EAST (NORTH 05 DEGREES 57 MINUTES
15 SECONDS EAST RECORD) ALONG SAID PARALLEL LINE 510.40 FEET
(510.02 FEET RECORD) TO THE SOUTHERLY LINE OF LAND DEDICATED FOR
HIGHWAY PURPOSES; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY
LINE BEING ON A CURVE TO THE RIGHT AND HAVING A RADIUS OF 272.0
FEET AN ARC DISTANCE OF 355.97 FEET (356.31 FEET RECORD) TO THE
POINT OF BEGINNING (THE CHORD OF THE LAST DESCRIBED LINE
BEARING SOUTH 70 DEGREES 44 MINUTES 36 SECONDS WEST 331.11 FEET
(SOUTH 70 DEGREES 50 MINUTES 03 SECONDS WEST 331.38 RECORD)), IN
COOK COUNTY, ILLINOIS.
AND
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE 9, EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF
SAID SECTION 29; THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS
EAST (NORTH 88 DEGREES 54 MINUTES 06 SECONDS EAST RECORD) ALONG
THE NORTH LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO
THE WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
cAdocume-1\peter\locals—l\temp\parcel_a_5-21-03.doc
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTHEAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD)65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 176.92 FEET (177.40 FEET DEED); THENCE SOUTH 68
DEGREES 04 MINUTES 20 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.77 FEET (353.95
FEET RECORD), (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS
OF 272.0 FEET AND AN ARC DISTANCE OF 377.24 FEET(385.38 FEET RECORD)
WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE POINT; THENCE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES
57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015.47 FEET TO THE SOUTH LINE OF
THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT
CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER 88412478;
THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST 300.99 FEET
(SOUTH 76 DEGREES 51 MINUTES 08 SECONDS 301.03 FEET RECORD) TO THE
POINT OF BEGINNING; THENCE SOUTH 77 DEGREES 03 MINUTES 59
SECONDS EAST (SOUTH 76 DEGREES 51 MINUTES 08 SECONDS EAST
RECORD) CONTINUING ALONG SAID SOUTH LINE OF THAT PART
CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT CONTRACTORS
OF ILLINOIS, INC. 1056.08 FEET TO THE WESTERLY LINE OF THE AFORESAID
ELGIN, JOLIET AND EASTERN RAILWAY COMPANY TO A POINT THAT IS
1600.00 FEET SOUTHERLY OF POINT A AFORESAID (AS MEASURED ALONG
SAID WESTERLY LINE); THENCE SOUTH 09 DEGREES 03 MINUTES 00
SECONDS WEST ALONG SAID WESTERLY LINE OF THE ELGIN, JOLIET AND
EASTERN RAILWAY COMPANY 70.14 FEET; THENCE NORTH 77 DEGREES 03
MINUTES 59 SECONDS WEST ALONG A LINE PARALLEL TO SAID SOUTH
LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA
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ABBOTT CONTRACTORS OF ILLINOIS, INC., 1055.15 FEET; THENCE NORTH 08
DEGREES 17 MINUTES 38 SECONDS EAST 70.21 FEET TO THE POINT OF
BEGINNING,IN COOK COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 42.0 ACRES MORE OR LESS.
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LEGAL DESCRPITION: PARCEL B
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE 9, EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF
SAID SECTION 29; THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS
EAST (NORTH 88 DEGREES 54 MINUTES 06 SECONDS EAST RECORD) ALONG
THE NORTH LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO
THE WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTH EAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 178.91 FEET (177.40 FEET DEED); THENCE SOUTH 67
DEGREES 52 MINUTES 02 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.34 FEET (353.95
FEET RECORD), (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS
OF 272.0 FEET AND AN ARC DISTANCE OF 383.28 FEET(385.38 FEET RECORD)
WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE POINT; THENCE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES
57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015.47 FEET TO THE SOUTH LINE OF
THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT
CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER 88412478;
THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST 300.99 FEET
(SOUTH 76 DEGREES 51 MINUTES 08 SECONDS 301.03 FEET RECORD);
THENCE SOUTH 08 DEGREES 17 MINUTES 38 SECONDS WEST 70.21 FEET
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ALONG A LINE 300.00 FEET EASTERLY OF AND PARALLEL TO THE
EASTERLY LINE OF SAID COMMONWEALTH EDISON PROPERTY TO THE
POINT OF BEGINNING; THENCE SOUTH 08 DEGREES 17 MINUTES 38
SECONDS WEST 2525.27 FEET ALONG SAID PARALLEL LINE; THENCE SOUTH
77 DEGREES 03 MINUTES 59 SECONDS EAST ALONG A LINE PARALLEL TO
SAID SOUTH LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS,
INC., FKA ABBOTT CONTRACTORS OF ILLINOIS, INC. 1021.76 FEET TO THE
WESTERLY LINE OF THE AFORESAID ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY AND 647.43 FEET NORTHERLY OF THE NORTHERLY
LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD (AS
MEASURED ALONG SAID WESTERLY LINE OF ELGIN, JOLIET AND EASTERN
RAILWAY); THENCE NORTH 09 DEGREES 03 MINUTES 00 SECONDS EAST
ALONG SAID WESTERLY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY 2522.79 FEET; THENCE NORTH 77 DEGREES 03
MINUTES 59 SECONDS WEST ALONG A LINE PARALLEL TO SAID SOUTH
LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA
ABBOTT CONTRACTORS OF ILLINOIS, INC. 1055.15 FEET TO THE POINT OF
BEGINNING, IN COOK COUNTY,ILLINOIS.
AND
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE 9, EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF
SAID SECTION 29; THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS
EAST (NORTH 88 DEGREES 54 MINUTES 06 SECONDS EAST RECORD) ALONG
THE NORTH LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO
THE WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTHEAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD)65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST(SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 178.91 FEET (177.40 FEET DEED); THENCE SOUTH 67
DEGREES 52 MINUTES 02 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
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28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.34 FEET (353.95
FEET RECORD), (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS
OF 272.0 FEET AND AN ARC DISTANCE OF 383.28 FEET (385.38 FEET RECORD)
WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE POINT; THENCE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES
57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015.47 FEET TO THE SOUTH LINE OF
THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT
CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER 88412478;
THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST 300.99 FEET
(SOUTH .76 DEGREES 51 MINUTES 08 SECONDS 301.03 FEET RECORD);
THENCE SOUTH 08 DEGREES 17 MINUTES 38 SECONDS WEST 70.21 FEET
ALONG A LINE 300.00 FEET EASTERLY OF AND PARALLEL TO THE
EASTERLY LINE OF SAID COMMONWEALTH EDISON PROPERTY TO THE
POINT OF BEGINNING; THENCE SOUTH 08 DEGREES 17 MINUTES 38
SECONDS WEST 2525.27 FEET ALONG SAID PARALLEL LINE; THENCE
NORTH 77 DEGREES 03 MINUTES 59 SECONDS WEST ALONG A LINE
PARALLEL TO SAID SOUTH LINE OF THAT PART CONVEYED TO BLUFF CITY
MATERIALS, INC., FKA ABBOTT CONTRACTORS OF ILLINOIS, INC. 273.33
FEET TO A POINT ON SAID EASTERLY LINE OF COMMONWEALTH EDISON
PROPERTY; THENCE NORTH 00 DEGREES 20 MINUTES 28 SECONDS EAST
(NORTH 00 DEGREES 01 MINUTE 36 SECONDS EAST RECORD) ALONG SAID
EASTERLY LINE OF COMMONWEALTH EDISON PROPERTY 199.21 FEET TO
AN ANGLE POINT; THENCE NORTH 08 DEGREES 17 MINUTES 38 SECONDS
EAST (NORTH 08 DEGREES 24 MINUTES 57 SECONDS EAST RECORD) ALONG
SAID EASTERLY LINE OF COMMONWEALTH EDISON PROPERTY 2330.22
FEET; THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST ALONG A
LINE PARALLEL TO SAID SOUTH LINE OF THAT PART CONVEYED TO BLUFF
CITY MATERIALS, INC., FKA ABBOTT CONTRACTORS OF ILLINOIS, INC.
300.99 FEET TO THE POINT OF BEGINNING,IN COOK COUNTY,ILLINOIS.
AND
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE 9, EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF
SAID SECTION 29; THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS
EAST (NORTH 88 DEGREES 54 MINUTES 06 SECONDS EAST RECORD) ALONG
THE NORTH LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO
c Adocume—1\peteA1ocals-1\temp\parcel_b_5-21-03.doc
THE WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST(NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTHEAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 178.91 FEET (177.40 FEET DEED); THENCE SOUTH 30
DEGREES 22 MINUTES 29 SECONDS WEST A CHORD DISTANCE OF 27.29
FEET (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS OF 272.0
FEET AND AN ARC DISTANCE OF 27.30 FEET WHICH IS THE SOUTHERLY
LINE OF SAID DEDICATED PROPERTY) TO THE POINT OF BEGINNING;
THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE BEING ON A
CURVE TO THE RIGHT AND HAVING A RADIUS OF 272.0 FEET AN ARC
DISTANCE OF 355.97 FEET (356.31 FEET RECORD) (THE CHORD OF THE LAST
DESCRIBED LINE BEARING SOUTH 70 DEGREES 44 MINUTES 33 SECONDS
WEST 331.11 FEET (SOUTH 70 DEGREES 50 MINUTES 03 SECONDS WEST
331.38 FEET RECORD)), TO A POINT ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID EASTERLY LINE OF COMMONWEALTH
EDISON PROPERTY 363.69 FEET (362.82 FEET RECORD) TO AN ANGLE POINT
IN SAID LINE; THENCE SOUTH 08 DEGREES 17 MINUTES 38 SECONDS, WEST
(SOUTH 08 DEGREES 24 MINUTES 57 SECONDS WEST RECORD) ALONG SAID
LINE 1015.47 FEET TO THE SOUTH LINE OF THAT PART CONVEYED TO
BLUFF CITY MATERIALS, INC., FKA ABBOTT CONTRACTORS OF ILLINOIS,
INC. BY DOCUMENT NUMBER 88412478; THENCE CONTINUING ALONG THE
LAST DESCRIBED COURSE SOUTH 08 DEGREES 17 MINUTES 38 SECONDS
WEST (SOUTH 08 DEGREES 24 MINUTES 57 SECONDS WEST RECORD) 70.21
FEET; THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST ALONG A
LINE PARALLEL TO SAID SOUTH LINE OF THAT PART CONVEYED TO BLUFF
CITY MATERIALS, INC., FKA ABBOTT CONTRACTORS OF ILLINOIS, INC.
300.99 FEET; THENCE NORTH 08 DEGREES 17 MINUTES 38 SECONDS EAST
70.21 FEET ALONG A LINE 300.00 FEET EASTERLY OF AND PARALLEL TO
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THE EASTERLY LINE OF SAID COMMONWEALTH EDISON PROPERTY TO
SAID SOUTH LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS,
INC., FKA ABBOTT CONTRACTORS OF ILLINOIS, INC.; THENCE NORTH 08
DEGREES 17 MINUTES 38 SECONDS EAST (NORTH 08 DEGREES 24 MINUTES
57 SECONDS EAST RECORD) ALONG A LINE 300.0 FEET EASTERLY OF AND
PARALLEL TO THE EASTERLY LINE OF SAID COMMONWEALTH EDISON
PROPERTY 1046.40 FEET (1046.75 FEET RECORD) TO AN ANGLE POINT;
THENCE NORTH 05 DEGREES 46 MINUTES 42 SECONDS EAST (NORTH 05
DEGREES 57 MINUTES 15 SECONDS EAST RECORD) ALONG SAID PARALLEL
LINE 510.40 FEET (510.02 FEET RECORD) TO THE SOUTHERLY LINE OF LAND
DEDICATED FOR HIGHWAY PURPOSES AND THE POINT OF BEGINNING, IN
COOK COUNTY,ILLINOIS.
SAID PARCEL CONTAINING 87.63 ACRES MORE OR LESS
i
cAdocume-1\peter\locals-1\temp\pareel_b_5-2I-03.doc
LEGAL DESCRPITION: PARCEL C
THAT PART OF SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 41
NORTH,RANGE 9,EAST OF THE THIRD PRINCIPAL MERIDIAN LYING NORTH
OF THE NORTHERLY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL &
PACIFIC RAILROAD; EAST OF THE EASTERLY LINE OF COMMONWEALTH
EDISON COMPANY PROPERTY, SAID LINE BEING 40.0 FEET EASTERLY OF
AND PARALLEL TO A LINE DEFINED AS THE EASTERLY LINE IN
DOCUMENTS 9899344 AND 9929391; WEST OF THE WESTERLY RIGHT OF
WAY LINE OF THE ELGIN, JOLIET AND EASTERN RAILWAY COMPANY; AND
SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE
NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 29;
THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS EAST (NORTH 88
DEGREES 54 MINUTES 06 SECONDS EAST RECORD) ALONG THE NORTH
LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO THE
WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTH EAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT- ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 178.91 FEET (177.40 FEET DEED); THENCE SOUTH 67
DEGREES 52 MINUTES 02 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.34 FEET (353.95
FEET RECORD), (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS
OF 272.0 FEET AND AN ARC DISTANCE OF 383.28 FEET (385.38 FEET RECORD)
WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE POINT; THENCE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES
I
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57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 3415.90 FEET; THENCE SOUTH 00
DEGREES 20 MINUTES 28 SECONDS WEST, ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 199.21 FEET TO THE POINT OF
BEGINNING OF SAID LINE; THENCE SOUTH 77 DEGREES 03 MINUTES 59
SECONDS EAST ALONG A LINE PARALLEL TO THE SOUTH LINE OF THAT
PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT
CONTRACTORS OF ILLINOIS,INC. BY DOCUMENT NUMBER 88412478, 1295.09
FEET TO THE WESTERLY LINE OF THE AFORESAID ELGIN, JOLIET AND
EASTERN RAILWAY COMPANY AND 647.43 FEET NORTHERLY OF THE
NORTHERLY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC
RAILROAD (AS MEASURED ALONG SAID WESTERLY LINE OF THE ELGIN,
JOLIET AND EASTERN RAILWAY),IN COOK COUNTY,ILLINOIS.
SAID PARCEL CONTAINING 13.95 ACRES MORE OR LESS
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LEGAL DESCRPITION: PARCEL D
THAT PART OF SECTIONS 19, 20, 29 AND 30,IN TOWNSHIP 41 NORTH,RANGE
9, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE
SOUTH 88 DEGREES 10 MINUTES 34 SECONDS WEST, 1178.94 FEET, ALONG
THE SOUTH LINE OF SAID SECTION 19 TO THE CENTER LINE OF GIFFORD
ROAD AND THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 41
MINUTES 05 SECONDS EAST, 776.61 FEET, ALONG SAID CENTER LINE OF
GIFFORD ROAD; THENCE SOUTH 83 DEGREES 29 MINUTES 58 SECONDS
EAST, 107.18 FEET;'THENCE NORTH 51 DEGREES 16 MINUTES 57 SECONDS
EAST, 287.38 FEET; THENCE SOUTH 88 DEGREES 21 MINUTES 58 SECONDS
EAST, 462.00 FEET; THENCE SOUTH 86 DEGREES 21 MINUTES 07 SECONDS
EAST, 361.60 FEET, TO THE EAST LINE OF SAID SECTION 19; THENCE
CONTINUING ALONG THE LAST DESCRIBED COURSE, 297.16 FEET, TO THE.
SOUTHERLY LINE OF BLUFF CITY BOULEVARD (FRONTAGE ROAD);
THENCE SOUTH 73 DEGREES 13 MINUTES 35 SECONDS EAST, 886.90 FEET,
ALONG SAID SOUTHERLY LINE TO THE WESTERLY RIGHT OF WAY LINE OF
COMMONWEALTH EDISON,PER DOCUMENTS 9899344 AND 9929391;THENCE
SOUTH 05 DEGREES 57 MINUTES 54 SECONDS WEST, 1302.56 FEET, ALONG
SAID WESTERLY RIGHT OF WAY; THENCE SOUTH 08 DEGREES 23 MINUTES
10 SECONDS WEST, 2515.42 FEET, ALONG SAID WESTERLY RIGHT OF WAY;
THENCE SOUTH 00 DEGREES 17 MINUTES 34 SECONDS EAST, 453.78 FEET,
ALONG SAID WESTERLY RIGHT OF WAY TO THE NORTHERLY LINE OF THE
CHICAGO, MILWAUKEE, ST. PAUL & PACFIC RAILROAD; THENCE NORTH 62
DEGREES 45 MINUTES 31 SECONDS WEST, 710.76 FEET, ALONG THE
NORTHERLY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACFIC
RAILROAD TO THE WEST LINE OF SAID SECTION 29; THENCE CONTINUING
ALONG THE LAST DESCRIBED COURSE, 1358.27 FEET, TO THE CENTER LINE
OF GIFFORD ROAD; THENCE NORTH 00 DEGREES 46 MINUTES 10 SECONDS
EAST, 2657.83 FEET, ALONG SAID CENTER LINE OF GIFFORD ROAD TO THE
POINT OF BEGINNING, IN COOK COUNTY,ILLINOIS.
SAID PARCEL CONTAINING 192.30 ACRES MORE OR LESS
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LEGAL DESCRPITION: PARCEL E
THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 30,
TOWNSHIP 41 NORTH,RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS, LYING EAST OF THE CENTERLINE OF GIFFORD
ROAD, SOUTHWESTERLY OF THE RIGHT OF WAY OF THE CHICAGO,
MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY, AND NORTH OF THE
CENTER LINE OF SPAULDING ROAD, EXCEPT THAT PART DESCRIBED AS
FOLLOWS: BEGINNING AT A RAILROAD SPIKE IN CONCRETE (SAID
RAILROAD SPIKE BEING ON THE EAST LINE OF SAID SOUTHEAST 1/4 112.22
FEET SOUTH OF THE INTERSECTION OF SAID EAST LINE WITH THE
SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO,MILWAUKEE, ST. PAUL
AND PACIFIC RAILROAD COMPANY); THENCE SOUTH 0 DEGREES ALONG
THE EAST LINE OF SAID SOUTHEAST)/4, 1182.07 FEET TO THE CENTER LINE
OF SPAULDING ROAD; THENCE NORTH 88 DEGREES 28 MINUTES 06
SECONDS WEST ALONG SAID CENTER LINE 1273.35 FEET TO THE CENTER
LINE OF GIFFORD ROAD; THENCE NORTH 01 DEGREE 47 MINUTES 34
SECONDS EAST ALONG SAID CENTER LINE 1168.49 FEET; THENCE SOUTH
89 DEGREES 33 MINUTES 23 SECONDS EAST 1236.38 FEET TO A POINT 10.31
FEET NORTH OF THE POINT OF BEGINNING (AS MEASURED ALONG SAID
EAST LINE OF SOUTHEAST 1/4); THENCE SOUTH 0 DEGREES ALONG SAID
EAST LINE 10.31 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
AND
THAT PART OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 295
TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON THE WEST LINE OF SAID SOUTHWEST 1/4, 840 FEET SOUTH OF
THE NORTHWEST CORNER, BEING A POINT ON THE SOUTHWESTERLY
RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN RAILWAY
COMPANY, FOR A POINT OF BEGINNING; THENCE SOUTH 50 FEET, ALONG
AFORESAID WEST LINE TO THE SOUTHWEST 114; THENCE EAST 80 FEET,
MORE OR LESS, TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY
LINE OF THE AFORESAID RAILROAD; THENCE NORTHWESTERLY ALONG
THE AFORESAID SOUTHWESTERLY RIGHT OF WAY LINE, TO THE POINT OF
BEGINNING,IN COOK COUNTY,ILLINOIS.
SAID PARCEL CONTAINING 11.60 ACRES MORE OR LESS
c:\docume--]\peter\locals-1\temp\parcel_e_5-2 I-03.doc
EXHIBIT B
Bartlett Property--Legal Description
W:IWORKl32279wlining IGA-v13-Bazos.doc 13
THAT PART OF SECPON 30, TOWNSHIP 41 NORTH, RMIOE 9 EAST OF THE THIRD PRINCPPAL
MMUM1 D1=SCRIBED AS FOLLOW& LYING SOMH of THE SOUTH RIGHT of WAY UNE OF
THE CHrvkGO, MILWAWI K ST.PAUL AND PACWIC RAILROAD RIGHT-OP-WAY;YVLBT OF THE
CENTER L.tNE OF GIFFORD ROAC; NORTH OF TKE SOUTH 15DO.00 FEET OF SAID SECTION W;
EAST OFA LINE SENG PFRpENDICULAR TO SXb NoKTH UNE OF TIDE SOUTH 150D.D0 FEET OF
SAID SECTION 30 AND 2W&43 FE3 T MS TFRLY OF TH6 CENTERLINE OF GIFFORD ROAD AS
mEASURI-o ALONG sAld NORTH LINE OF THE SOUTH 1800.00 FSer OF SiAIf3 SECTION 30;
(EXCEPTING ALL THAT PART OF THE NORTH%OF 85C_PION 30,TOWNSHIP 41 NORTH,RANGY e
EAST OF THE THIRD PRINCIPAL MERIDIAN, YMCH IS ENCLOSED WITHIN THE FOLLOWING
DF,.SCRJ9ED BOUNDARY LINES, BEGINNING AT A POINT D&FrERMINE D E1Y MEASORIN13 FROM
THE NORTHEAST CORNER OF THE NORTHMET 34 OF SAID SECTION 3D, WEST ALONG SAID
SEMON LINE 8 CHAINS AND 15 1JNK8 AND THENCE SOUTH 06 v9GREES AND 45 AMtNUTES
WEST i7DO FEET TO THE SOUTHERLY LINE OF THE R1GKr OF WAY OF SAID CHICAGO AND
PACIFIC KjuutcAD COMPANY, SAID SOUTHERLY LINE BFING PARALLEL WTT'H AND 50 FEET
DISTANT FROM THE CENTER LINE OF THE RIGHT OF WAY OF SAID CHICAGO AND PACIFIC
RAILROAD COMPANY FOR A POINT OF UgUINNIN[A, TIiENCE RLINNJNG SOM 05 DEGREE-6
AND 45 MINITTM vv ST 344 FEET. THENCE RUNNWO EASTWARD ON A STRAIGHT LINE 706
FEET TO A POINT IN THE AFORESAID SOUniERLY BOUNDARY LIVE OF RIGHT OP WAY.
THENCE VVEMKLY ALONG SAID SOUTH- LY LINE OF FJGHT OF WAY VtSST 75D FEET TO THE
POINT OF BEGW ZING,ALL IN COOK COUNTY,ILLINOI&
THAT PART OF THE FJ,ST 16 OF SECTION 25,TOWNSHIP d1 NQKTH.RANGES EL PAST OF THE
THIRD PRINCIPAL MERIDIAN, DIsSCRIBM AS FOLLOM COALING AT THE: NORTHEAST
CORNI=R OF SAID EE=DN 25;THENCE 80MERLY ALONG Y}M FAST LINE OF STUD SEGMN
26,235a0 FEET70 THE POINT OF BEGINNING.THENCE SOUTH 90 DEGREES 02 WNUTEs 0
SEwNDS VraT, 736.9 FEETALONO A WVTHE RLY LINE OFTHE PARCEL RECORDED AUGU5T
15,1950 PER OQCLRWEW 866117;'*i94CE SOUTH s7 05GRMS 64 UNUTr=S D SECONDS VW-ST,
881A FEET ALONG SAID SOUTHERLY UNE OF THE PARCEL OF LAND RECORDED AUGUsT 15,
I950 PEA DOUJMENT 656117 TO THE CENTER LIME OF STATE ROUTE NO.26,THENCE
SOUTHERLY ALONG SAID CENTER UNF,113,0E FEET;THENCE SOUTHEASTERLY ALONe A,
LINE WHICH FORMS AN ANGLE OF 60 OE'GREESST MINUTES 17 5ECONDS TO THE LEST
VOTH THE PROLONGATION OP THE LAST DESCRIBED COURSE, 37.74 FEET TO THE EASTERLY
RJG14T OF WAY LINE CN!STATE ROUTE 25 TO THE NORTHWEST CORNER OFTHE PARCEL
9SO 128' C CONTINUING
RECORDED OGTOHER 12,1999 PER ROCLINJ>=NT 1 K087 ,THEN E
SDUtHEASTERLY Alorda THE )AST DESCRIBED CoLIAM 124.130 FEETALONG SAID PARCEL
RECORDED OCTOSM 12,19W PER DOCUMENT'198MG9712A TKENCE SOU'THFASTERLY AND
EAS11ERLY ALONG A CURVE TO THE LETT HXAN,G A RADKIS OF 570.70 FEET AND BEING
TANGENT TD THE LAST DESCRIBED COURSE, 261.07 FEFTALONG SAID PARCU RECORDED
OCT MR 12,1990 PM DOCUMENT 190BK097128;THENCE EA6TMY TANGENT TO THE LAST
PESCRIBEI7 CURVE. 1 D126 FEET ALONQ RAID PARCEL RECORDED OCTOSFR 12,1999 PFR
DOCUMENT 19WKM7121 THENCE EASTERLY ALOW A CURVE TO THE F2JWT HAYING A
RADIUS OF 6111.19 PbiTAND EISNG TANGENT TO THE LAST DESCRIBED COURSE, 118.10
FEET ALONG SAID PARCEL RECORDED OCTOBER 12,1990 PER DOCUMENT 1099KO27128;
THENCE EASTERLY TANGENT TO THE LAST OESCRIDEDCURVF- 16.15 rMAL.ONGsAID
PARCEL RECORDED OCTMER 12.1099 PER DOCUMENT 1999KM7128 TO THE WEST LAVE OF THE
PARCH.RECORDED OCTOBER 25.1988 Pat DOCUMENT 98KM8647;THENCE NORTH,2-15 FEET
TO THE NORTH UNE OF THE SOUTHEAST QUARTER OF SAID SECTION 25ALONG SAID WEST LINE
OF A PARCEL RECORDED OCTOBER 26,1 On PER DOCUMENT96038647 TO THE NOaTM UNE OF
SAID PARCEL RECORDED OCTOOM 28,1098 PER DOCUIENT PBKDSBS4r 1HFNCI!EAST ALONG
SAID NORTH LINE OF THE SCUTHWTUUARTER OF SECTION 25 ALONG THE NORTN LINE SAID
PARCEL-RECORDED OCTOBER 213.193E PER Por-UMENT 98K096647,880.70 FEET To THE
NOR-BEAST CORNER OF THE BOUTHEAET OUARTER OF SAID SECTION 25;THENCE
NORTHERLY,287.15 FEET ALONG SAID EAST LINE OF SECTION 25 TO THE POINT OF BEGINNING;
AI-L IN KANC GGUNTY,ILLINOIS,
THAT PART OF SECTION 30.TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL
MERICI W DESCRIBED AS FOLLOWS'LYING SOUTH OF THE SOUTH RIGHT OF WAY LINE OF
THE CHICAGO.WLWAUKEE, ST: PAUL AND PACIFIC RAIIJROAD;EJ OF THE WEST UNE OF
SAID SECTION 30;NORTH OF i'Ve SOUTH 1S00.00 FOFT OF GND SECTION 3d;WEST OF A UNE
BEING PERPENDICULAR TO SAID NORTH ONE OF THE SOUTH 1600.00 FEET OF SAID SECTION
30 AND 26o8A2 FEET WEST9MY OF THE CEFNTI ROVE OF GIFFORD ROAD AS OdEASURFD
ALONG RAID NORTH LINE OF ET THE SOUTH 18=00 FE OF SAID SECTION ZQ 1=XCWTING THAT
PART CF THE SOUTHWEST QUARTER OF SECTION to,TOWNSHIP 41 NORTH, RM(Be 9 EAST
OF THE THIRD PRINCIPAL MENDIA)* DESCRIBED AS FOLLQWI3. BEGINNING AT THE
NORTHEAST CORNER OF THE SCVMEW W ARTER OF SECTION 25.TOWNSHIP 41 NORTH,
RMQ&8 EAST OF THE THIRD PRINCIPAL MERLDIAN,KANE COUNTY,IL.LINW;THENCE SWIM
69 0EfRfiE6 21 MINUTES S9 SECONDS EAST ALONG*THE EASTERLY EXTENS10N OF THE
NORTH LINE OF SAID soUTHEAsT QUARTER A D13TANCE OF 466_1k FEET;THENCE SOUTH 01
DEGREE 45 MINUTES"28 SECONDS WEST 1111.33 FEET TO A LINE 1600.0 FEET NORTH OF AND
PAKNLLEL WITFI TH5 SOUTH UNE OF sAID 6OWTHYVES7 QUARTER (AS MEASURED
PERPENDICULAR TO SAID SOUTH. LINP); THENCE NORTH 89 DEGREES 05 MINUTES 18
aMor4133 WF;.ST ALONG SAID PARALLEL I LINE, 45&0 FEET TO THE TNEsT LINE OF SAID
sOUTNWE6T QUARTER;THENC9 NORTH 01 DEGREE 45 MINUI 35 5EMNR9 EAST ALONG
SAID WEST LINE. 1109.12 FELT To THE POINT OF BEGINNING ALSO AND EXCWTING THAT
PART OF THE SIDTFH +IESY CA=TM OF 5ECTION 30, TOWKSHIP 41 NORTH, WOES EAST
OF 7HE THLRO PRINCIPAL ME2t", DE5c 3U8ED As FOLLOWS: COMMENCING AT THE
NORT-•t 'r CORNER Cr-THE SOUTHEAST QUARTER OF SECTION 25,TOWNISWP 41 NORTH,
RANGE 8 54Si'OF THE T111RD PR)NC?PAL AAERIDIAN.KANE 000MiTY,ILUMOI&THENCE SOUTH
89 DEGR>=F_S 21 MINUTr3 54 SECOND& FAST ALONG THe EASTERLY EXftE?4510N OF T.iE
NORTH LINE OF SAD SOUTHEAST QUARTER 456-0 FEET FOR T 9 POINT OF BF-G1W *:
THENCE CONTINUING SOUTH 89 MnREES 21 YANIUYES.59 SECONDS EAST,A DISTANCE OF
78ZTL FEET,THENCE SOUTH 01 DEGREE 4S MINUTES 28 SECONDS MST 1115.12 FM TO A
LINE 15W.0 FEET NCRTN OF ANV PARALLa WITH tHE SOUV LINE OF "D 001M WEST
QUARTER (AS MEAsU6RED PERPE1MIWLAR To SAM SOUTH LJNEI ;' THENCE NORTH 69
❑EGRESS 05 NO14VTF-S 19 SECONDS VVEeT ALONG SAID PARALLka:LINE 7s257 FEET.TH�GE
NORTH 01 DEGREE 45 MINUTES 36 SECONDS EASE AND PARALLEL To THE WEST LINE of SAID
SOUTHWEST QUMTER, 111133 FEET TO THE POW OF.BE-MUNING,ALL IN COOK COVN-Y,
ILl1NOiS.
arced 1
That part of the Southeast 1/4 of Section 25, Township 41 North,Mange 8
East of the Third Principal Meridian lying East of the canter line ofRoute 25
and South of a line 1500 feet North o� as measured at right angles to the
South line of said Southeast 114 in the Township of Elgin, Kane County,
Illinois_
Parcel 2
That part of the Northeast 1/4 of Section 36, Township 41 North, Range 8
East of the Third Principal Meridian,described as follows:Beginning at the
Southeast corner of said Northeast 1/4;thence Westarly along the South Zinc
of said Northeast 114 831.2 feet to a point 544 feetEa5t of,as measured along
said South line, the center line of State Route 25; thence Northorly parallel
to the center line of State Route 25,a distance of 1344.8 feet;thence Westerly
544 feet to a point in the center line of said highway,thence Northerly along
the center line of said State Route 1271.4 feet to the North dine of said
Northeast 1/4;thence East along said North line 1497.3 feet to the Northeast
corner of said Section;thence South along the East line of said Northeast 114,
2627.4 feet to the point ofbcginning,in the Township ofElon,Kane County,
Illinois.
EXHIBIT 6
IDNR Consultation Report
W.\WORK\32279\Development Agreement-v15.doc 21
06J24/03 14:21 V847 696 1410 MACKIE CONSULT. 16002/008
MACKIE CONSULTANTS, LLC
9575 W.FUGGINS ROAD,SUME 500,ROSEMONT,IL 60018
847-69G-1400 PAX 847-4%-1410
ENGINEMS PLANNERS SURVEYORS
FAX
June 24, 2003
Mr. Mark Biemacki
City of Elgin
150 Dexter Court
Elgin,Illinois 60120
RE: COPART DEVELOPMENT
ELGIN, ILLINOIS
Dear Mr, Biernacki:
Please fnd enclosed Illinois Department of Natural Resources letter dated June 24, 2003 and
Consultation Agency Action Report dated June 24, 2003 which was prepared by Rick Pietruszka.
I
Upon your review, you will note that the consultation process is terminated. Should you have
any questions,please contact me.
Very truly yours,
MACKIE CONSULTANTS,LLC
Marti T. Burke
President
MTB/pm/E N:Nci91979\Bicmacki.fux.doe
Cc: Dean Kelley, Abbott Land&Investment,w/attachment(via fax: 630-497.3477)
George Maurides, Maurides&Foley,LLC w/attachment(via fax: 312-332-5666)
Peter Bazos, Schnell Bazos Freeman.Kramer,w/attachment(via fax: 847-742-9777)
06/24/03 14:21 '$847 696 1410 MACKIE CONSULT.
16 003/OQ6
Illinois Department of
Natural Resources Rod R. BJagojevich. Governor
iL ---
One Natural Resources Way-5pringfieid, Illinois 62702-1271 Joel Brunsvold, Director
ht1p:11dnr.sta19Jl.us
OFFICE OF REALTY & ENVIRONMENTAL PLANNING
Facsimile Cover Letter
Fax Number (217)524.4177
Please Deliver The Followinc Paues To:
Name:
Location: ����'
From:
Date: �Z 3 Pages: (Excluding cover page)
�J
If you do not receive all pages Indicated,please call (217)782-7940 as soon as possible. _
Printed on recycled and recyclable paper
--J
06/25/2003 14:34 8477429777 SBFK&S
PAGE 05
06/24/03 14:21 V847 696 1410 HACKIE CONSULT. Q 004/006
C.1X SW T.2W21 Agency Acrion Report Page I of 2
• °fie
Illinois APR` `0m
Departmeht of
Natural Resources nnp;/fIrk euroAmp � &Im
CrAi Naturrol Rcsauroes WBy,Springfield.IL 627e2.1271 Gaacpe H.Ryan.GovBInC/'arena Nlennkng,Director
CONSULTATION AGM,Y ACTION REPORT
(Illinois Administrafve Gade Title 17 Pact 1075)
Vivislon of Resource Review and Coordination
Stephen K, Davis, Chief
Crate submitted: 4-24-03 FOR DEPARTMENT USE ONLY
If Ws is a resubrnittal, Include previous PROJCODE: Y
1DNR response if available. Data Qua: S &a
Applicant Name- Mackie Consultancy,LLC; Phone; '847-696--1400
Contact Person: AI en J•Sander,P. Faw 847-696-1410
Applicant Address, 9575 West Higgins Road E-mail: as� ertd�mackieeonsu r.com
Suite 500.Rostmotn,Ih.,6QOIS
LOCATION OF PROPOSED ACTION
A MAP SHOWING LOCATION OF PROPOSED ACTION IS P6QUIRED
Project Name: Gifford Lnka Prepem' County: Cook
Project Address Qf availa5ie): East of Gifford Road;South of iL Rt.20
City, Stain,Zip: Vnincoxporate
Township/Range/Section (e.g. T4SN.R?E,S2): •T41N.R9E:29
Brief Descriolion of Pron,osed �ction: achy, p $and conStructlOn o Fvry eG
�..t;D.JS'>'lZiAy. �F•/D '��i�riiiill�lhrEu,o�i-tc✓T' A•.�p D � .c1�,1i�J�= o� r�r{F'k+^err�',
Projected start bate and End Date of Proposed Action: Summer 2003-Winter 2003
Will state funds or technical assistance support this action?(Yes I No I if Yes,the Interagency Wetlands
Policy Act will apply. Contact the funding agency or this Division for details,
Local/State Agency with Project Jurisdiction: Citv of Elgin
Contact; Phone: - 1-5968
Address: curt Fax. 541-931• 5
F.isin,IL G0120 — - - E-mail:
FOR DEPARTMENT USE ONLY ��
Are end angered.threatened species or natural Areas present In the vicinity of the action? vo
Could the proposed action affect the threatened/endangered species or Natural ATV*? (ye-
Is consultation terminated?
Comments,:
EVIRILiated
Date,
Qivisibn of Rescurce Review an oordination(217)785-5500
hits �/drtrState 4us/oteg t iaar.hul� 1 I/19/2002
06/25/2003 14:34 8477429777 SBFKRS
PAGE 06
06/24/03 14'21 V947 696 1410 MACKIE CONSULT. �]pob/poB
Illinois Department of coae#osoasos
�{
Natural Resources Rnd R. 6fagojevictt, Governor
One Natural Resources Way - Springfield,illinols 62702-1271 Joel lBrunsvold, Director
AthttpJJdnrstate.il,us
June 24, 2003
Mr.Martin T-Burive,President
Mackie Consultants,LLC
9575 W.Fli.ggins Road. Suite 500
Rosemont,II,60013
RE- COPART Development,Elgin,Cook County
Endangered,Species Consultation Program
Natural Heritage Database Review 4 0304509
Dear M&.Burke.
Thank you for subr,tting this project regarding property Iocated in Section 29, Township 41
North,Range 9 Bast,for consultation in accordance with the RlinoisRgdangered Species Protection
Act (520 ELCS 10/11), the IllinarsNaturalAmas Presmation Act (525 ILCS 30/17), and Title 17
Illinois Administrative Code Part 1075.The plan reviewed is dated September 25,2W2 and was
received by the :Departrnent June 5, 2003. The surface development component identifies the
COPART parcel, a potential METRA passenger station, and two future development arccis.
P'omne2J future underground mining of the entire site is also included.This evaluation a�dre.sses
presently known and identified development proposals.This correspondence be construed
as providing a biological opinion of future surficial development or potential underground mining
portal construction within the identified plan area.
The Natural Jleritagc Database identified chat the subject parcel adjoins Gifford Lake to the west.
This laix is a water source of Bluff Springs Fen Illinois Nature Preservc and Illinois Nature].Area
Bluff Springs Fen Illinois Nature Preserve and Illinois Natural Area provides l mown habitat for
the State Endangered BIack-crowned NiSht Hewn, Nycricorax nycdcorar, the Sure endazgezed
Grass Pink Orchid. ,CQlopogon taberosus, and numerous other State endangered and threatened
species-In addition, the biotic communities within Bluff Springs Fen Illinois Nature Preserve are
dependent upon continual seeps ge of calcareous groundwater.The engineering design as submitted
incorporates the best presently known vegetative and storm water flow n=agement practices to
avoid, contain and/or ameliorate contaminated sw icial flow into Gifford Lake withont the use of
Mechatucal measures.Temporary erosion control dtring construction of the COPART facility and
METRA Station incorporate gcneial erosion control measures including Or ,fence, inletloutfall
protection; temporary and final seeding. Should uttdszground mining of the site proceed, the
Deparunent understands that the water level, quantity and quality of Gifford Lake win remain
unaffected as a result of this activity.Based on review and consideration of the plans as submitted.
it is the Aepartrnenr s biological opinion that the proposed development is not likely to adversely
impact Bluff Springs Fen Illinois Nature Preserve,and Illinois Natural Area and the habitat it
provides.ConsuWakiou is terminated.Termination deer not imply the De
parunenft authorization
or endorsement. Consultation may be re-opened if information or potential impacts,riot previously
considered, are brought to our attention. Consultation is valid :oz no more than two years; if the
project has not been.implemented by then, a nevv consultation will be necessary.
prtntcd on=yaled and rccrctnbld rxiptr
06/25/2003 14:34 8477429777 SBFk&S
PAGE @7
y06/24/0,3 14:22 $`847 696 1410 MACKIB CONSULT. Q006/006
Cade 4 0304508
The Natural Heritage Database cannot provide a conclusive statement as to the presence,absence,
or condition of significant natural features in any specific location; consultation cannot rtplace
detailed site surveys. The Departmenu is unable to state,withoat reservation,that no listed species
exist within the project area bouiidary,nor can it exclude the possibility that listed species other than
that mentioned exist within the vicinity.
Should you need additional information regarding the consultation process,or Should you have any
ducstions, please do not hesitate to contact me,
S'ncerely, t
Rick Piettuszka,P Manama
Impact Assessment,Section
Endangered Species Consultation I'r49tatn
Division of Natural Reso=e Review and Coordination
Ph. (217) 785-5500
Fax (211) 524-4177
CC! Carolyn Grosboll.Illinois Nature preserves Commission
Mark Bizrnacki.City of Elgin
Dean Kelley.Abbott Land And Invest-rnv t Corporation