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HomeMy WebLinkAbout06-2 Resolution No. 06-2 RESOLUTION AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT WITH THE ILLINOIS STATE TOLL HIGHWAY A HORITY FOR THE ACQUISITION OF A PORTION OAONkT 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 an intergovernmental agreement on behalf of the City of Elgin with the Illinois State Toll Highway Authority for the acquisition of a portion of Mason Road, a copy of which is attached hereto and made a part hereof by reference. s/Ed Schock Ed Schack, Mayor Presented: January 11, 2006 Adopted: January 11, 2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk OF E-4c 41.4, City of Elgin Memorandum °I6rED Date: February 10, 2006 To: Loni Mecum, City Clerk From: William A. Cogley, Corporation Counsel Subject: Intergovernmental agreement with Illinois State Toll Highway Authority and the City of Elgin for the Conveyance of Property near 1-90 and Randall Road (Mason Road) Attached for the City Clerk's file is an original fully executed copy of the above-referenced agreement. WAC mg Attachments cc: Michael R. Lehrman Richard G. Kozal INTERGOVERNMENTAL AGREEMENT BETWEEN THE ILLINOIS STATE TOLL HIGHWAY AUTHORITY AND THE CITY OF ELGIN FOR THE CONVEYANCE OF PROPERTY AGREEMENT entered into as of the,274ay ofd , 2005, by and between the Illinois State Toll Highway Authority, an agency and instrumentality of the State of Illinois (the "TOLLWAY") and the City of Elgin, an Illinois Home Rule municipal corporation (the "CITY"), WITNESSETH: WHEREAS, the TOLLWAY and the CITY are governmental entities which are subject to the Illinois Intergovernmental Cooperation Act (5 ILCS 220/1 et seq.) and have a duty to mutually cooperate in providing services to the public; and WHEREAS, the TOLLWAY and the CITY are each units of local government within the meaning of the Constitution of the State of Illinois, 1970, Article VII, Section 10, having the power and authority to enter into this Agreement; and WHEREAS, the TOLLWAY is an instrumentality and administrative agency of the State of Illinois, which is directed and empowered pursuant to the Toll Highway Act (605 ILCS 10/1 et seq.) to construct, operate, regulate and maintain a system of toll highways; and WHEREAS, the CITY is an Illinois Home Rule Municipal Corporation, which is directed and empowered by Article 7, Section 8 of the Constitution of 1 1970 and the Illinois Municipal Code (65 ILCS 5/1 et seq.) to do such acts as may be necessary and prudent in the management of all affairs and matters pertaining to the CITY; and WHEREAS, in connection with the construction of improvements to the interchange of the Northwest Tollway (1-90) and Randall Road, the TOLLWAY acquired Parcels N-4D-104 and N-4D-56.7, the legal descriptions of which are attached hereto and made part hereof as Exhibit "A", in the southwest quadrant of the interchange along the eastbound 1-90 exit ramp to Randall Road; and WHEREAS, part of Parcels N-4D-104 and N-4D-56.7 (the "Mason Road Parcels") as legally described in the attached Exhibit "B", comprise a portion of the right-of-way for Mason Road, a public way within the jurisdiction of the CITY which runs parallel to 1-90 and the eastbound 1-90 exit to Randall Road; and WHEREAS, a petition has been filed with the CITY to approve annexation and development plans including a development plan for the Capital Street Development (the "Development"), which includes the vacation of a portion of the present Mason Road and relocation of Mason Road parallel to, and west of, its present location; and WHEREAS, the CITY desires to receive fee simple title to the Mason Road Parcels from the TOLLWAY in accordance with the terms, provisions and conditions set forth herein, with the intention that the CITY as part of the Development plan may convey fee simple title to the Mason Road Parcels to the proposed developer(s) (the "Developer") in exchange for property on which Mason Road will be relocated in accordance with the Development plan; and 2 WHEREAS, the Mason Road Parcels have been declared excess to the needs of the TOLLWAY; and WHEREAS, the TOLLWAY and the CITY, in the best interest of each party and in order to facilitate the free flow of traffic and to ensure the safety of the motoring public, desire to establish their respective rights and obligations as to the Mason Road Parcels in accordance with the terms, provisions and conditions as set forth herein. NOW, THEREFORE, in consideration of the foregoing representations and the performance of the mutual covenants set forth herein, the parties agree as follows: ARTICLE I Obligations 1.1 The CITY agrees to: a) accept conveyance of fee simple title from the TOLLWAY of the Mason Road Parcels, as legally described in Exhibit "B" and depicted on the plat in Exhibit "C", which Exhibits are attached hereto and made part hereof for all purposes; b) assume responsibility for liability, maintenance, repair and reconstruction of the public way on the Mason Road Parcels and responsibility for providing an alternate route for Mason Road and such public utilities as may be on the public way, in the event the public way on the Mason Road parcels is vacated, relocated or replaced; and 3 c) pay the TOLLWAY the full fair market value of the Mason Road Parcels in accordance with a current TOLLWAY appraisal, subject to recapture by the TOLLWAY of any increased value received by the CITY in the event the Mason Road Parcels are subsequently conveyed by the CITY to any third party for an amount in excess of the amount of the current TOLLWAY appraisal; and d) waive any claim or demand by the CITY, that the TOLLWAY provide or pay for noise walls at the southwest quadrant of the interchange of 1-90 and Randall Road. 1.2 The TOLLWAY agrees to: (a) transfer to the CITY in fee simple, upon payment of the full fair market value, its right, title and interest to the Mason Road Parcels, as legally described in Exhibit "B" and as depicted on the plat attached hereto as Exhibit "C", subject to the rights of public utilities currently occupying the Parcels, if any. 1.3 The Parties mutually agree to: (a) cooperate in securing necessary approvals, if any, of the Illinois Department of Transportation or the Kane County Transportation Department to the transfer of jurisdiction of the Mason Road Parcels; (b) cooperate in preparing such documents as may be necessary and convenient to complete the conveyance of the Mason Road Parcels. 4 ARTICLE II Conveyance of the Mason Road Parcels 2.1 At a date, time and place mutually agreeable to the parties (the "Closing Date") the TOLLWAY shall convey fee simple title to the Mason Road Parcels, as legally described on Exhibit "B" and depicted in the plat attached as Exhibit "C", provided, the Closing Date shall occur on or before November 30, 2005. 2.2 Prior to the Closing Date, the TOLLWAY shall provide the CITY with a current plat of survey of the Mason Road Parcels and all documents showing title and ownership of the Mason Road Parcels in the TOLLWAY, together with copies of the quit claim deed, plat act affidavit, affidavit of title, ALTA statement and other customary documentation requested by the CITY as necessary and sufficient to the conveyance of fee simple title to the Mason Road Parcels to the CITY. 2.3 The CITY represents that it will review the existing documents showing title and survey for the Mason Road Parcels as held by the TOLLWAY and agrees to accept conveyance from the TOLLWAY by quit claim deed, and the CITY will obtain or prepare, at its sole cost and expense, such additional evidence of title and plats as the CITY may in its discretion deem necessary. 2.4 The CITY represents that it is familiar with the Mason Road Parcels and the condition of the roadway and the public utility facilities thereon, if any, 5 and agrees accept the Mason Road Parcels and the public utility facilities thereon, if any in "as is" condition. 2.5 At the Closing Date, in exchange for the quit claim deed, plat of survey and other documents as set forth above, the CITY will pay to the TOLLWAY the full fair market value of the Mason Road Parcels as shown by the TOLLWAY appraisal; provided, however, that: a) the Mason Road Parcels were acquired for roadway purposes, including construction of the westbound 1-90 exit ramp to Randall Road, and that upon conveyance or vacation by the CITY of any portion of the Mason Road Parcels to a private party (other than in connection with re-routing, alteration or replacement of Mason Road which replaces the public way with a substantially similar facility in that area, the CITY shall reimburse the TOLLWAY for any portion of such Mason Road Parcels so conveyed or vacated, at the pro rata value per square foot received by the CITY, to the extent the amount received by the CITY exceeds the amount paid by the CITY to the TOLLWAY under this Agreement; b) in the event any portion of the Mason Road Parcels is required in the future for Toll Highway improvements, the CITY will reconvey that portion of the Mason Road Parcels to the TOLLWAY, for full fair market value, provided said portion is still owned by the CITY and has not previously been conveyed to a third party; 6 2.6 The CITY agrees that in connection with any application or petition received by the CITY for annexation, subdivision or development of property adjacent to TOLLWAY right-of-way at the southwest quadrant of the 1-90 and Randall Road interchange, the CITY will: a) timely provide such application or petition to the TOLLWAY for review and comment prior to approval; and b) not allow variance of normal setback requirements (as provided from time to time by CITY code)for properties adjacent to TOLLWAY right-of-way; and c) to the extent that noise walls are to be constructed in connection with the development, require as a condition of approval of such application or petition that the applicant or petitioner bear all responsibility for the cost thereof. 2.7 It is understood and agreed that the TOLLWAY does not consent to transfer any interest of the TOLLWAY which is necessary to the maintenance and operation of the Toll Highway System. 2.8 It is understood and agreed that the TOLLWAY's appraisal of the Mason Road Parcels and the full market value of the Mason Road Parcels to be paid by the CITY to the TOLLWAY pursuant to this Agreement is in the total amount of two hundred eighty-nine thousand dollars ($289,000). ARTICLE III General Terris 3.1 This Agreement shall be effective upon its execution by all the parties. 7 3.2 This Agreement may be executed in multiple counterparts, each of which shall be considered a duplicate original. 3.3 This Agreement may be amended, modified or superseded only by a further writing duly executed by all parties. 3.4 This Agreement shall inure to the benefit of and be binding upon the parties and their successors and assigns. 3.5 The TOLLWAY may record a Memorandum of this Agreement. IN WITNESS WHEREOF, each of the parties has executed this Agreement pursuant to authorization of its corporate authorities, effective on the date first shown above. CITY OF ELGIN Date: / 1, ,� o (c By o�J�- ATTEST: W�o-e ? O /K-�c t44, � Mayor City Clerk ILLINOIS STATE TOLL Date: /-?4-0 ' HIGHWAY A THORITY By: ,r t "4" % _ Viii rman Q retary Approved as • Form and • stitutio di • Attorney Gene -1, �.• - of ins 101205 8 FARM' AA IL O. 4D-104 TEAT PART OF LOT 25 IR NESTFIMLD $USIQSS Pau PLAT NO. 2, DICING A MOM SION OF PART Cl TEM NORTEXAST QUART= OF SUCTION 31, TO,NNS.IP 42 NORTE, RANGE 8 NAST OF TEE THIRD PRINCIPAL VIRIDIAN ACCORDING TO TJX PLAT INQMOF FILED MIN==R 6, 1989 AS DOMINION NOUN= 2012687, XX JINX COONTi, ILLINOIJI, DEI XD AS FOLLOW I BIGINNING AT TEX EORTEXAST CORNER OF A7ORESAID LOT 25, ?MINCE SOO= 16 DEERE= 12 MINDTES 55 SECONDS NEST, ALONG TQ WESTERLY EIGHT-OT-NAY LIQ OF MAMALL ROAD ACCORDING TO RECORD DOCOmT 1ONIMR 1934642 PILED SEPTA 29, 1988, SAID LIMN ALSO IMIMO THE EAST LINE OW SAID LOT 25. A DISTANCE OW 164.13 FEET TO TJX 3EOIilZ>RG or A TI TIAL CORTE, IAV A RADIOS OF 300.81 TEXT COMETS TO TQ MAST, TEEN= SOOTUNRLT ALONG SAID CURVE AND ALONG SAID NESTERLT 1t=GRT-0F-NAT LZQ, 82.77 PATE THENCE MORIN 12 DOGNEES 51 MMEDVMS 58 SECONDS WENT, ALONG A LIQ NOT T'ANONNT TO SAID CORVE, 136.26 FENT, TEINCI NORTH 26 DIGRESS 35 MINCJTES 42 SECONDS NEST, 120.24 FENT TO TEX NORTH LIQ OF SAID LOT 25J TUX= SOME 89 .DEGREES 33 1Z>Ris'MS 01 SECOND EAST ALONG SAID 10RT* LINE, 141.96 FEET TO TEE POINT OF PEGIJNRZNO, SAID PART CONTAINIIIG 0.321 ACMES (13,984 SQUASH rim), moms OR LESS. SITUATED IN TEE COONTT OF MANE AND STATE OF ILLINOIS. 1. 4, �x )? ; e; T Pt N-4D-58.7 THAT PART OF THE NORTHEAST 1/4 OF SECTION 31, AND THAT PART OF THE NORTHWEST 1/4 OF SECTION 32, BOTH IN TOWNSHIP 42 NORTH, RANGE B EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: B EGINNING AT THE SOUTHEAST CORNER OF SAID NORTHEAST '/4; THENCE NORTH 86 DEGREES, 47 MINUTES, 45 SECONDS WEST, ALONG THE S OUTH LINE OF THE SAID NORTHEAST '/4, A DISTANCE OF 63.45 FEET; THENCE NORTH 00 DEGREES, 49 MINUTES 37 SECONDS EAST. A DISTANCE OF 615.48 FEET; THENCE NORTH 00 DEGREES, 14 MINUTES, 23 SECONDS WEST. A DISTANCE OF 401 .98 FEET; THENCE NORTH 01 DEGREES, 58 MINUTES, 13 SECONDS EAST, A DISTANCE OF 285.00 FEET; THENCE NORTH 64 DEGREES. 58 MINUTES, 41 SECONDS WEST, A DISTANCE OF 51 .08 FEET; THENCE NORTH 78 DEGREES. 15 MINUTES. 25 SECONDS WEST, A DISTANCE OF 54.65 FEET; THENCE NORTH 87 DEGREES. 39 MINUTES. 30 SECONDS WEST, A DISTANCE OF 100.77 FEET; THENCE NORTH 01 DEGREES, 12 MINUTES. 16 SECONDS EAST. A DISTANCE OF 1 08.28 FEET; THENCE NORTHEASTERLY, ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 300.81 FEET AND A CHORD SEARING OF NORTH 09 DEGREES. 05 MINUTES, 14 SECONDS EAST. AN ARC DISTANCE OF 82.77 FEET; THENCE NORTH 16 DEGREES, 58 MINUTES 14. SECONDS EAST. A DISTANCE OF 1 64.1 3 FEET TO A POINT ON A LINE THAT LS 1683.00 FEET, AS MEASURED ALONG THE EAST AND WEST LINES OF SAID NORTHEAST 1/4. NORTHERLY OF THE SAID SOUTH LINE OF THE NORTHEAST 1/4 AND IS 259.02 FEET. AS MEASURES ALONG SAID LINE, WEST OF THE EAST LINE OF THE SAID NORTHEAST '/4; THENCE SOUTH 88 DEGREES. 47 MINUTES, 42 SECONDS EAST. ALONG SAID LINE. A DISTANCE OF 259.02 FEET TO THE EAST LINE OF SAID NORTHEAST 1/4. ALSO BEING THE WEST LINE OF SAID NORTHWEST 1/4 OF SECTION 32; THENCE NORTH 01 DEGREES. 52 MINUTES, 53 SECONDS EAST, ALONG SAID LINE. A DISTANCE OF 307.93 FEET TO THE SOUTHWEST CORNER OF THE NORTH I. OF THE NORTHWEST '/4 OF THE SAID NORTHWEST 1/4; THENCE SOUTH Be DEGREES, 13 MINUTES, 58 SECONDS EAST. ALONG THE SOUTH LINE OF THE SAID NORTH '/s OR THE NORTHWEST 1/4 OF THE NORTHWEST 1/4, A DISTANCE OF 264.03 FEET TO THE SOUTHWESTERLY LINE, AS MONUMENTED, OF THE ILLINOIS STATE TOLL HIGHWAY COMMISSION PARCEL NO. N-40-57; THENCE SOUTH 5S DEGREES, 1 5 MINUTES. 38 SECONDS EAST, ALONG THE SAID SOUTHWESTERLY LINE, Ai MONUMENTED. A DISTANCE or 1976.56 FEET TO A POINT THAT IS 768.32 FEET, AS MEASURED ALONG SAID SOUTHWESTERLY LINE. NORTHWESTERLY OF THE EAST LINE OF THE SAID NORTHWEST '/4; THENCE NORTH 61 DEGREES, 41 MINUTES. 39 SECONDS WEST, A DISTANCE OF 500.90 FEET; THENCE NORTH 58 DEGREES. 04 MINUTES, 38 SECONDS WEST, A DISTANCE OF 446.22 FEET; THENCE NORTH 85 DEGREES. 07 MINUTES. 37 SECONDS WEST, A DISTANCE OF 281.11 FEET; THENCE SOUTH 79 DEGREES, 51 MINUTES, 19 SECONDS WEST, A OIBTANCE OF 540.99 FEET TO A LINE THAT IS 466.69 FEET. AS MEASURED ALONG THE WEST LINE OF THE SAID NORTHWEST 1/4, NORTHERLY OF AND PARALLEL WITH THE NORTH LINE OF THE TEEPLE'S SUBDIVISION, AS MONUMENTED, SEING A SUBDIVISION OF PART OF THE SAID NORTHWEST '/4; THENCE NORTH 99 DEGREES. 15 MINUTES, 29 SECONDS WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 333.54 FEET TO THE WEST LINE OF SAID NORTHWEST 1/4; THENCE S OUTH 01 DEGREES, 52 MINUTES, 53 SECONDS WEST, ALONG SAID WEST LINE. A DISTANCE OF 818.20 FEET TO THE SOUTHWEST CORNER OF SAID TEEPLE'S SUBDIVISION; THENCE SOUTH 813 DEGREES, 1 0 MINUTES. 19 SECONDS EAST, ALONG THE SOUTH LINE OF SAID TEEPLE'S S USDIVIBION, A DISTANCE OF 48.24 FEET; THENCE SOUTH 01 DEGREES, 33 MINUTES, 38 SECONDS WEST, A DISTANCE OF 536.54 FEET TO THE S OUTH UNE OF THE SAID NORTHWEST 1/4; THENCE NORTH BB DEGREES, 1 8 MINUTES, 23 SECONDS WEST, ALONS THE SAID SOUTH LINE, A DISTANCE OF 51.25 FEET TO THE POINT OF BEGINNING; (EXCEPTIN3 THERE FROM THE ILLINOIS STATE TOLL HIGHWAY COMMISSION PARCEL'S NO. N-40-57.1 AND ALSO NO. N-40-57.Z AND EXCEPT THE RIGHT OF WAY OF RANDALL ROAD AS IT EXISTED ON MAY 5. 1988) SEINO SITUATED IN THE CITY OF ELGIN, IN KANE COUNTY, ILLINOIS. I. or I1ILC uCnCvn lJUU4/UU8 CHICAGO TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A(CONTINUED) ORDER NO.s 1410 000548298 KA 5. THE LAND REFERRED TO IN THIS COMMITMENT TS DESCRIBED AS FOLLOWS: PARCEL 3A; THAT PART OF LOT 25 IN WESTFIELD BUSINESS PARK, PLAT NO. 2 BEING A SUBDIVISION OF PART OF THE NORTHEAST 1/4 OF SECTION 31, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF FILED DECEMBER 6, 1989 AS DOCUMENT NUMBER 2012687, IN KANE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF AFORESAID LOT 25, THENCE SOUTH 16 DEGREES 12 MINUTES 55 SECONDS WEST, ALONG THE WESTERLY RIGHT OP WAY LINE OF RANDALL ROAD ACCORDING TO RECORD DOCUMENT NUMBER 1934642 FILED SEPTEMBER 29, 1988, SAID LINE ALSO BEING THE EAST LINE OF SAID LOT 25, A DISTANCE OF 164.13 FEET TO THE BEGINNING OF A TANGENTIAL CURVE, HAVING A RADIUS OF 300.81 FEET CONCAVE TO THE EAST; THENCE SOUTHERLY ALONG SAID CURVE AND ALONG SAID WESTERLY RIGHT OF WAY LINE, 82.77 FEET; THENCE NORTH 12 DEGREES 51 MINUTES 58 SECONDS WEST ALONG A LINE NOT TANGENT TO SAID CURVE, 136.26 FEET; THENCE NORTH 26 DEGREES 35 MINUTES 42 SECONDS WEST, 120.24 FEET TO THE NORTH LINE OF SAID LOT 25; THENCE SOUTH 89 DEGREES 33 MINUTES 01 SECONDS EAST ALONG SAID NORTH LINE 141.96 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL 3B; THAT PART OF MASON ROAD ADJOINING THE EASTERLY LINE OF LOT 25 IN WESTFIELD BUSINESS PARK PLAT NO, 2, BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 32 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NROTHEAST CORNER OF AFORESAID LOT 25, THENCE SOUTH 16 DEGREES 12 MINUTES 55 SECONDS WEST ALONG THE WESTERLY RIGHT OF WAY LINE OF RANDALL ROAD ACCORDING TO RECORD DOCUMENT 1934642 FILED SEPTEMBER 29, 1988, SAID LINE ALSO BEING THE EAST LINE OF SAID LOT 25, A DISTANCE OF 72.40 FEET TO THE BEGINNING; THENCE SOUTHERLY ALONG A NON—TANGENTAL ARC, CONVEX TO THE NORTHEAST HAVING A RADIUS OF 413.13 FEET AND AN ARC LENGTH OF 171.41 FEET, A CHORD BEARING OF SOUTH 11 DEGREES 18 MINUTES 58 SECONDS EAST AND CHORD LENGTH OF 170.18 FEET; THENCE ALONG A NON-TANGENTAL LINE SOUTH 49 DEGREES 56 MINUTES 03 SECONDS EAST 62.41 FEET TO THE SOUTH RIGHT OF WAY LINE OF ESSEX LANE; THENCE SOUTH 71 DEGREES 08 MINUTES 17 SECONDS WEST, 20,39 FEET; THENCE ALONG THE NORTH LINE OF SAID ESSEX LANE, NORTH 88 DEGREES 47 MINUTES 45 SECONDS WEST, 102.58 FEET TO THE SOUTH EAST CORNER OF SAID LOT 25; THENCE NORTH 01 DEGREES 12 MINUTES 16 SECONDS EAST ALONG THE AFORESAID WESTERLY RIGHT OF WAY LINE OF RANDALL ROAD, 42.26 FEET; THENCE CONTINUING NORTHERLY ALONG THE AFORESAID WESTERLY RIGHT OF WAY LINE OF RANDALL ROAD ALONG A CURVE CONVEX TO THE NORTHWEST HAVING A RADIUS OF 300.81 FEET AND AN AkC LENGTH OF 82.77, A CHORD BEARING OF NORTH 09 DEGREES 05 MINUTES 14 SECONDS EAST AND CHORD LENGTH OF 82.51 FEET; THENCE NORTH 16 DEGREES 58 MINUTES 14 SECONDS EAST, 91.73 FEET TO THE POINT OF BEGINNING, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. KNK srr.At. EXHIBITDJN PAGE A2 DJN 10/13/05 1 PARCEL 3A THAT PART OF LOT 25 IN SESTFIELD 6USNESS PAR(PLAT NO. 2, 95540 A SU9OMSION OF PART OF THE NORTHEAST QUARTER OF SECTION 31, • TO NSMP 42 NORTH. RANGE 5 FAST OF THE NIRO PRINCIPAL IAffiCW4 OESCRIBED AS FOLUAM5 6E06/10NO AT THE NORBI ALST CORNER OF AFORESAID LOT 25, THENCE SOUTH 111 DEGREES 12 MINUTES 55 SECONDS WEST.MONO THE WESTETII.Y RIONT OF WAY LINE OF RANOALL ROM AcCOR0140 TO RECORD 000JIADTT 1934.42 FILID SEPTEMBER 1966,SAO LINE ALSO SONO TIC EAST LINE Of SAID LOT 25.A OISTANCE 164 TO 91:0114/040 OF A TN DEXWAL CURVE HAVINGA RADIA 300.81 FF,UT 00104 ICI THE EAST;THENCE SOUTHERLY ALONG SAM CURVE AND ALONG SAID WESTERLY CONT OF WAY62.77 FEET;1HC4CE NORTH 12 OWED51 FINITES 56 SECONDS WEST ALONG A LME NOT TmOENT 10 SAO CURVE, 136.16 FEET:1HIp4LCNORTH 26 °CORM 35 MNUIES 42 SECONDS WEST, 120.24 FEST TO THE NORTH LINE OF SATO LOT 25;THENCE SOUTH 69 DECREES 33 MINUTES 01 SECONDS EAST ALONG SAID NORTH LIE 141.96 FEET TO THE PORT OF 9E00ION0. N INE CITY OF ELGWI. KANE COUNTY, ILL/404 PARCEL 39 THAT PART OF MASON ROW ADJOINING TNN:EASTERLY UNE OF LOT 25 N WESTFLELO BUS*E55 PARK PLAT NO. 2. SLING A SUBOMSLON OF PART Of THE NORTHEAST WRIER OF SECTION 31,TOWNSHIP 42 NORM,RANGE I EAST OF THE THIRD PRINCIPAL MERID4AN, DOOR=AS FOLLOWS. COMMENCING AT THE NORTHEAST CORNER OF AFORESAID LOT 25. T14I310E SOUTH 16 OEOREF5 12 MINUTES 55 SECONDS WEST,ALONG TIE WESTERLY RICHT OF WAY LINE CF RANOAU.ROAD ACCORDING TO RECORD OOCUiIENT 1934442 FLED 5551 31BER 28, 1666,SAID UNE ALSO BONG THE EAST UNE OF 9140 LOT 22,A DISTANCE OF 72.40 FEET TO NE BEGINNING:THENCE SOUTHERLY MONO A NON-TANOENTAL MC,CONVEX TO THE NORTHEAST NWANO A NOUS OF 413.13 FEET AND AN MC LEMON OF 171.41 FEET,A CHORD REARM Of SOUTH 11 OEORE1S 15 MINUTES 5S SECONDS EAST AND CHORD LENGTH OF 170.16 HEFT:TNDICE MONO A NON-TA$ENIW.UNE SOUTH 48 DECREES 56 MINUTES 03 SECOH+IDS EAST, 52.41 PEST TO THE SOUTH RIONT OF WAY LIE OF ESSEX LANE:THENCE SOUTH 71 OEOREE5 00 MINUTES 17 SECONDS WEST. 20.34 FEET; BENCE ALONG THE NORTH WE OF'SAID ESSEX LANE.NORTH SO OEOREES 47 MINUTES 45 SECONDS WEST, 10256 FEET TO THE SCUM GST CORNER OF SNO LOT 25:TNENCE NORTH 01 OEAREE5 12 MINUTES IS SECON05 EAST MONO THE AFORFSMO WESTERLY RIGHT OF WAY UNE OF RMIOAU.ROW, 42.28 FEET;THENCE CONTINUING NORTHERLY AL0H10 THE AMMO WESTERLY RIGHT OF'WAY LINE Of RANOAU.ROAD ALONG A CURVE CONVEX TO THE NORTHWEST HAYING A RADIUS OF 300, 1 FET NC MC LENOIR OF'62.77, A CHORD HIEAIWNG OF'NORTH 09 OEOREES 05 LIMES 14 IN CCRY HORD ,NOOf T EU;ELGIN , TH NORTH 16 DEGREES 55 MINUTES 14 SECONDS EAST. 94.73 FEET TO THE PoINT OF 90004/41140, • OF SUNK/10 TOR eosin 3A ++ +«SI41,96 SILO'J3'DI'EZ+ate THEAST COINER OF LOT 25 \ �.r___ ..w 141.06 G66 47 ti'C Pawl oF 1 FOR PARCEL 31I 4 'C PARCEL 3A $. 13,964 O . • 90.FT. 0.324 ACMES PONT OF OEITYWO FUR PARCEL 35 g tiy 1 \ *SIR""Cana; 41 Of WAY L + \ $4110 4.RPER DCC 103NE OF4142 RECORDED SEATO/SOT 20.1968 \ ;,OT 25 WESTFIELD BUSINESS PARK .t + \ Vi PLAT NO. 2 tilt J 1%, A � 'gut= .1\ Ai ti, 1 H I & 4 1 4 N FI PIPARCEL 3B v 12.257 W.FT ` c: 4262 ACRES U r k c, N06'4r45'W STA L u., ESSEX LANE WI cr Q (N297S'42'W 120.24) INDICATES DEED 6EN0 AND DISTANCE a MONS CP ALL DISTANCES N FEET MED DECIMAL PARTS THEREOF. NO OBENSIONS TO BE ASSUMED FROM SCALING. C COI pOn yearalsoorlplion end Nle °' ~Nor with 1and AT ONCE rlj AILS oro, %WO,you DATE PREPARED' 05/23/05 • • AL =Err OLPRO' A 1:4 ICS CONSULTING, INC. EXHIBIT I C...," Q.Gn(. ILLINOIS I4P�ACONi.L miaow 'A'. 7 .