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HomeMy WebLinkAbout09-223 Recorded 2009K076158 s\\I» \I:GM kNi State of Illinois ) HE( iRtul•:x - k\\I':(A)1_ II. County of Kane) t;�: ,,,:�,E::� 1321141,49;51 „f City of Elgin ) F',4.F:; Recording Information CERTIFICATE OF CITY CLERK I, Diane Robertson, DO HEREBY CERTIFY that I am the duly qualified City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois, and that as such City Clerk I am the keeper and custodian of the files and records of said City of Elgin and the seal thereof I DO FURTHER CERTIFY that the attached is a full, true, and correct copy of: RESOLUTION NO. 09-223 RESOLUTION RATIFYING THE EXECUTION OF A FIRST AMENDMENT TO FOUNTAIN SQUARE ON THE RIVER EASEMENT AND OPERATING AGREEMENT adopted by the Elgin City Council at its legally convened meeting held on October 14, 2009. In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the City of Elgin at the said City in the County and State aforesaid this October 27, 2009. -w. Diane Robe son, City Clerk .1;111) ( This instrument prep`ted by: Return to: William A. Cogley Diane Robertson Corporation Counsel Elgin City Clerk City of Elgin 150 Dexter Court 150 Dexter Court Elgin, IL 60120 Elgin, IL 60120 Resolution No. 09-223 RESOLUTION RATIFYING THE EXECUTION OF A FIRST AMENDMENT TO FOUNTAIN SQUARE ON THE RIVER EASEMENT AND OPERATING AGREEMENT BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that it hereby ratifies and approves the execution of a First Amendment to Fountain Square on the River Easement and Operating Agreement by Ed Schock, Mayor, and Diane Robertson, City Clerk, regarding the Fountain Square on the River condominium development,a copy of which is attached hereto and made a part hereof by reference. s/ Ed Schock Ed Schock, Mayor Presented: October 14, 2009 Adopted: October 14, 2009 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/ Diane Robertson Diane Robertson, City Clerk This Instrument Prepared By, and After Recording, Please Return To: Z20091076158761�8 \\1)1 \\1•: ; E1\ David B. Yelin, Esq. l,r:(.0tt[>1'.1c -►.\\F:( )r\'rl. II. Duane Morris LLP ,'B1)1i[, I, I,'nm+v31 \M 190 South LaSalle, Suite 3700 p,,.1 - l,, Chicago, IL 60603 This since reserved or Recorder's use onl . FIRST AMENDMENT TO FOUNTAIN SQUARE ON THE RIVER EASEMENT AND OPERATING AGREEMENT This First Amendment to Fountain Square on the River Easement and Operating Agreement (this "Amendment") is made as of this ZSik day of August, 2009 by and among FOUNTAIN SQUARE ON THE RIVER COMMERCIAL CONDOMINIUM ASSOCIATION, LTD., an Illinois not-for-profit corporation(the "Commercial Condo Association"), FOUNTAIN SQUARE ON THE RIVER CONDOMINIUM ASSOCIATION, LTD., an Illinois not-for-profit corporation (the "Residential Condo Association"), THE CITY OF ELGIN, an Illinois home rule municipality (the "City"), and First American Bank, an Illinois banking corporation, not personally but solely as Trustee under Trust Agreement dated August 19, 2009 and known as Trust No. 1-09-124 (successor-in-interest to RSC-Elgin, LLC, an Illinois limited liability company) (the "Trust"). RECITALS: A. The Commercial Condo Association, the Residential Condo Association and the City are parties to that certain Fountain Square on the River Easement and Operating Agreement dated as of October 18, 2007 and recorded in the Office of the Recorder of Deeds of Kane County, Illinois (the "Recorder's Office") on October 19, 2007 as Document No. 2007K106256 (the "EOA"). The Commercial Condo Association was incorrectly described in the EOA as "Fountain Square on the River Commercial Condominium Association, Inc." because of a scrivener's error. Pursuant to the EOA, the parties entered into certain agreements relating to the Commercial Parcel, the Condominium Parcel and the Public Parking Garage Parcel (as all such terms are defined in the EOA), located in the City of Elgin, County of Kane, Illinois. B. Capitalized terms used but not otherwise defined herein shall have the meanings given to such terms in the EOA. C. The Trust, as successor to RSC-Elgin, LLC, is the current record legal title holder of the Commercial Parcel (as described on Exhibit A, attached hereto and made a part hereof) and the Condominium Parcel (other than Condominium Units sold to Condominium Unit Owners). Prior to the date of this Amendment, the Trust was the record legal title holder of the DM3\1119596 2 Public Parking Garage Parcel. The Trust enters into this Amendment to evidence its agreement to be bound by the ten-ns hereof. D. Concurrent with the execution and delivery of this Amendment, the City is acquiring record legal title to the Public Parking Garage Parcel from the Trust (the "City Conveyance"). The City enters into this Amendment to evidence its agreement to be bound by the terms hereof E. The Residential Condo Association executed the EOA on behalf of the Condominium Unit Owners (in their capacity as the owners of the Condominium Parcel) pursuant to the terms of that certain Declaration of Condominium for Fountain Square on the River Condominiums dated as of October 18, 2007 and recorded in the Recorder's Office on October 19, 2007 as Document No. 2007K106255 (the"Declaration of Condominium"). F. Pursuant to Section 5(e) of the Declaration of Condominium, each Condominium Unit Owner, by acceptance of a deed to a Condominium Unit, covenants and agrees that the obligations of the EOA which are imposed on the Condominium Unit Owners shall be the obligation of the Condominium Unit Owners collectively and each Condominium Unit Owner agrees that the Residential Condo Association may perform the obligations on behalf of the Condominium Unit Owners collectively. Section 21.13 of the EOA provides that all obligations of the Condominium Property Owner under the EOA shall be the obligations jointly and severally of both the Residential Condo Association and the Condominium Unit Owners collectively so long as the Condominium Property is subject to the Condominium Act. G. Section 5(e) of the Declaration of Condominium permits the Residential Condo Association to amend the EOA on behalf of the Condominium Unit Owners. H. The parties hereto desire to amend the EOA as set forth herein. Now, therefore, in consideration of the foregoing Recitals, and for good and lawful consideration, the receipt and sufficiency of which are hereby acknowledged and agreed, the parties, intending to be legally bound, hereby agree as follows: 1. Incorporation of Recitals and Exhibits. The foregoing Recitals and the Exhibits attached hereto are incorporated into this Amendment and made a part hereof. 2. Amendment of Certain Defined Terms in the EOA. a. All references in the EOA to the "Commercial Property Owner" (including, without limitation, in Recital B of the EOA) shall mean the Trust and its successors and assigns as to the Commercial Parcel. b. All references in the EOA to the "Condominium Property Owner" (including, without limitation, in Recital C of the EOA) shall mean Fountain Square on the River Condominium Association, Ltd., an Illinois not-for-profit corporation, in its capacity as the Condominium Association organized and acting on behalf of the Condominium Unit Owners, as provided in the Declaration of Condominium. 2 DM3\1119596.2 t 1 c. All references in the EOA to the "Public Parking Garage Property Owner" (including, without limitation, in Recital D of the EOA) shall mean (i) for all time periods prior to the City Conveyance, the Trust and its successors and assigns, and (ii) from and after the City Conveyance, the City and its successors and assigns as to the Public Parking Garage Parcel. 3. Amendment of Certain Recitals in the EOA. a. Recital B of the EOA is hereby amended by deleting the phrase "The current Commercial Property Owner is as set forth above." b. Recital C of the EOA is hereby amended and restated in its entirety as follows: The Condominium Property Owner is the Condominium Association organized to administer the Condominium Property pursuant to the Condominium Act and, in such capacity, executes this Agreement and acts hereunder on behalf of the record legal title holder(s) who from time to time own fee simple title to: (i) that parcel of real estate situated in the City of Elgin, County of Kane, State of Illinois, legally described on Exhibit B attached hereto and made a part hereof (the "Condominium Parcel") and (ii) the Condominium Improvements. c. Recital D of the EOA is hereby amended by deleting the phrase"The current Public Parking Garage Property Owner is as set forth above." 4. Condominium Parcel. Exhibit B attached to the EOA is deleted in its entirety and replaced with Exhibit B-1 attached hereto. All references in the EOA to Exhibit B shall mean and refer to Exhibit B-1 attached hereto. 5. Public Parking Garage Parcel. Exhibit C attached to the EOA is deleted in its entirety and replaced with Exhibit C-1 attached hereto. All references to in the EOA to Exhibit C shall be deemed to refer to Exhibit C-1 attached hereto. 6. Ratification. As expressly modified hereby, the EOA is ratified and confirmed by the parties hereto and shall continue in full force and effect. The Trust acknowledges and agrees that it is the current record legal title holder of the Commercial Parcel and the Condominium Parcel (other than Condominium Units sold to Condominium Unit Owners) and that, for purposes of the EOA, the Trust shall be deemed to be the Commercial Property Owner under the EOA as of the date of this Amendment. In connection with the City's concurrent acquisition of record legal title to the Public Parking Garage Parcel, the City shall be deemed to be the Public Parking Garage Property Owner for all purposes under the EOA as of the date hereof. RSC- Elgin, the City and the Residential Condo Association (on behalf of the Condominium Unit Owners) agree that the EOA (as amended hereby) is in full force and effect and that they shall be bound by the terms of the EOA (as amended hereby). 3 DM3\l 119596.2 7. Notices. a. The following notice address is hereby added to the notice addresses set forth in Section 20.1 of the EOA: If to the Trust (in its capacity as an Owner): Trust No. 1-09-124 First American Bank Trust Department 218 West Main Street West Dundee, Illinois 60018 With a copy to: First American Bank 1650 Louis Avenue Elk Grove Village, IL 60007 Attention: Frederick M. Snow, Esq., General Counsel Fax: (847) 286-2265 b. The notice address for the Public Parking Garage Property Owner set forth in Section 20.1 of the EOA is hereby deleted and replaced with the following: If to the Public Parking Garage Property Owner: City of Elgin Attention: City Manager 150 Dexter Ct. Elgin, Illinois 60120 Fax: (847) 931-5610 With a copy to: City of Elgin Attention: William A. Cogley, Esq. Corporation Counsel 150 Dexter Ct. Elgin, Illinois 60120 Fax: (847) 931-5665 c. The parties further acknowledge and agree that First American Bank is a Mortgagee (as that term is defined in Section 21.12 of the EOA) and that a copy of any notice given pursuant to the terms and provisions of the EOA shall be simultaneously delivered or sent to First American Bank at the following address: 4 DM 3\I 1 19596.2 First American Bank 1650 Louis Avenue Elk Grove Village, IL 60007 Attention: Frederick M. Snow, Esq., General Counsel 8. Conflict. In the event of any conflict or inconsistency between the terms of the EOA and this Amendment, the terms of this Amendment shall control to resolve such conflict or inconsistency. 9. Governing Law. This Amendment shall be governed by and construed in accordance with the internal laws of the State of Illinois. 10. Recording. This Amendment shall be recorded in the Recorder's Office. 11. Binding Effect. The easements, covenants and restrictions created under the EOA (as amended hereby) shall be binding upon and inure to the benefit of all parties having or acquiring any right, title or interest in or to any portion of, or interest or estate in, the Property, and each of the foregoing shall run with the land. 12. Trustee Exculpation. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the warranties, indemnities, representations, covenants, undertakings and agreements herein made on the part of the Trustee, while in form purporting to be the warranties, indemnities, representations, covenants, undertakings and agreements of First American Bank as said Trustee, are nevertheless each and every one of them, made and intended not as personal warranties, indemnities, representations, covenants, undertakings and agreements by First American Bank or any of its directors, officers, employees, or shareholders or for the purpose or with the intention of binding First American Bank or any of its directors, officers, employees, or shareholders personally but are made and intended for the purpose of binding only that portion of the trust property specifically described herein, and this instrument is executed and delivered by First American Bank not in its own right, but solely in the exercise of the powers conferred upon it as such Trustee, and no personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable by any person against First American Bank or any of its directors, officers, employees, or shareholders on account of this instrument or on account of any warranty, indemnity, representation, covenant, undertaking or agreement of the Trustee in this instrument, all such personal liability, if any,being expressly waived and released and any recovery therefor being limited to the property hereby conveyed and the enforcement of remedies under the documents and instruments creating, securing, or otherwise governing the obligations secured by this instrument. 5 DM3\1119596.2 13. Miscellaneous. This Amendment may be executed in multiple counterparts. The provisions of this Amendment shall bind and inure to the benefit of the parties hereto and their respective successors and assigns. The section and paragraph headings are for convenience only and shall not be considered a part of the Amendment. The remainder of this page is intentionally left blank; Signatures appear on the following pages 6 DM3\1119596.2 In Witness Whereof, the parties have executed this First Amendment to Fountain Square on the River Easement and Operating Agreement as of the date set forth above. COMMERCIAL CONDO ASSOCIATION: FOUNTAIN SQUARE ON THE RIVER COMMERCIAL CONDOMINIUM ASSOCIATION, LTD., an Illinois not- for-profit corporation Lf2-5/-- By: tA., Name: Jol M. Lee Title: Authorized Officer STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) I, �" , a Notary Public in and for the County and State aforesaid, do herby certify that John M. Lee, an Authorized Officer of Fountain Square on the River Commercial Condominium Association, Ltd., an Illinois not-for-profit corporation, personally known to me to be the same person whose name is subscribed to the foregoing First Amendment to Fountain Square on the River Easement and Operating Agreement, appeared before me this day in person and acknowledged that he signed and delivered the First Amendment to Fountain Square on the River Easement and Operating Agreement as his own free and voluntary act, and as the free and voluntary act of the corporation, for itself for the uses and purposes set forth therein. GIVEN, under my hand and notarial seal this,2/ day of August, 2009 Notary Public My Commission Expires: /r? /- 2d/� OFFICIAL SEAL JAMES M.BERTON Notary Public-State of Illinois My Commission Expires Oct 02,2012 Signatures Continued on Following Pages DM3\I039860.3 RESIDENTIAL CONDO ASSOCIATION: FOUNTAIN SQUARE ON THE RIVER CONDOMINIUM ASSOCIATION, LTD., an Illinois not- for-profit corporation By: _ JY\ Name: John . Lee Title: Authorized Officer STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) I, ,-- , a Notary Public in and for the County and State aforesaid, do he y certify that John M. Lee, an Authorized Officer of Fountain Square on the River Condominium Association, Ltd., an Illinois not-for-profit corporation, personally known to me to be the same person whose name is subscribed to the foregoing First Amendment to Fountain Square on the River Easement and Operating Agreement, appeared before me this day in person and acknowledged that he signed and delivered the First Amendment to Fountain Square on the River Easement and Operating Agreement as his own free and voluntary act, and as the free and voluntary act of the corporation, for itself for the uses and purposes set forth therein. GIVEN, under my hand and notarial seal this 2/ day of August, 2009 otary Public My Commission Expires: /47 OFFICIAL SEAL. JAMES M.BERTON Notary Public-State of Illinois My Commission Expires Oct 02,2012 Signatures Continued on Following Pages 8 DM3\11 19596.2 CITY: CITY OF ELGIN, an Illinois home rule municipality By: 5;:e . . Name: Ed Schock Title: Mayor Attest: Name: Diane Robertson Title: City Clerk STATE OF ILLINOIS ) ) ss. COUNTY OF KANE ) I, 11"l A-RV 1P/ 7k_7- , a Notary Public in and for the County and State aforesaid, do hereby certify that Ed Schock, as Mayor of the City of Elgin, an Illinois home rule municipality, and Diane Robertson, as Clerk of the City of Elgin, Illinois,both personally known to me to be the same persons whose names are subscribed to the foregoing First Amendment to Fountain Square on the River Easement and Operating Agreement, appeared before me this day in person and acknowledged that they signed and delivered the First Amendment to Fountain Square on the River Easement and Operating Agreement as their own free and voluntary acts, and as the free and voluntary act of the City of Elgin, Illinois, for itself for the uses and purposes set forth therein. GIVEN, under my hand and notarial seal this Pq day ofd, 2009 Notary Publi My Commission Expires: 61/ -�v{D/v� "OFFICIAL SEAL" • MARY GIFFORT Notary Public,State of Illinois My Commission Expires 06/13/2012 Signatures Continued on Following Page 9 DM3\1119596.2 TRUST: First American Bank,a llinois banking corporation, not personally butvkrnistee under Trust Agreement dated August 19, 2009 and known as Trust No. 1-09-12 � 1 By: ► 1 Name: ne r('c Title: a ST• TE OF ILLINOIS ) ) ss. COUN OF COOK ) - I, , a Notary Public in and for the my and State aforesaid, do hereby certify t . , , personally known to me to be the sa e person whose name is subsc '► -. to the foregoing First Amendment to Fountain Square on the ' ' er Easement and Op- • ing Agreement, appeared before me this day in person and acknowledge. hat he signet-_ I 16'T t. rL• :, ;t ; 117- t to Fountain Square on the River Easement an. O.- . m :j•�-� • ens - -' 11 . ' own free and Me voluntary act, and as the free and vo - act �`` lWpany, for itself for the uses and purposes set forth ther- . GIVEN, under - y hand and notarial seal thi day of August, 2009 Notary Public My Commission Expires: 10 DM3\1119596.2 CONSENT OF MORTGAGEE FIRST AMERICAN BANK, holder of that certain Construction Mortgage, Assignment of Rents and Leases, Security Agreement and Fixture Financing Statement dated as of March 2, 2006 and recorded in the Recorder's Office on April 12, 2006 as Document No. 2006K039304, as amended by that certain First Amendment to Loan Documents dated as of April 17, 2006 and recorded in the Recorder's Office on May 11, 2006 as Document No. 2006K050615, hereby consents to the execution and recording of the attached First Amendment to Fountain Square on the River Easement and Operating Agreement. IN WITNESS WHEREOF, the undersigned has caused this Consent to be signed by its duly authorized officers on its behalf this 3 / day of August, 2009. FIRST AMERICAN BANK, an Illinois banking corporatio II) r IIP By: r'_ Na - o Olsen _ Titl: Executive Vice President STATE OF ILLINOIS ) ) ss. COUNTY OF COOK ) I, /,} , a Notary Public in and for the County and State aforesaid, do he certify that John Olsen, as Executive Vice President of First American Bank, an Illinois banking corporation, personally known to me to be the same person whose name is subscribed to the foregoing Consent of Mortgagee to First Amendment to Fountain Square on the River Easement and Operating Agreement, appeared before me this day in person and acknowledged that he signed and delivered the Consent of Mortgagee to First Amendment to Fountain Square on the River Easement and Operating Agreement as his own free and voluntary act, and as the free and voluntary act of the corporation, for itself for the uses and purposes set forth therein. GIVEN, under my hand and notarial seal this Y/ day of August, 2009 otary Public — 4 My Commission Expires: 1?— 2 .. /a OFFICIAL SEAL JAMES M.BERTON YJotary Public-State of Illinois My_—_,ion Expires Oct 2,2012 11 DM3\1119596.2 STATE OF ILLINOIS ) ) SS: COUNTY OF KANE ) I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY THAT ANDREW E. SKELTON personally known to me to be a Trust Relationship Officer of First American Bank, an Illinois banking corporation, and KATHRYN M. HECTOR, personally known to me to be a Trust Relationship Officer of First American Bank, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that as Trust Relationship Officer and Trust Relationship Officer of said corporation they signed the foregoing instrument of their own free and voluntary act and caused the corporate seal of said corporation to be affixed thereto, pursuant to authority, given by the Board of Directors of said corporation as their free and voluntary act,and as the free and voluntary act of said corporation, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal, this 31st day of August, 2009. OFFICIAL SEAL KATHY L.CRANK Notary Public-State of Illinois Notary Public My Commission Expires Jul 30,2011 EXHIBIT "A" THAT PART OF LOTS "A", B", "C", "D", "E" AND "F"LYING EASTERLY OF THE EASTERLY LINE OF RIVERSIDE AVENUE IN HARVEY AND AMICK'S SUBDIVISION OF LOTS 6 AND 7 IN BLOCK 21 OF JAMES T. GIFFORD'S PLAT OF ELGIN, ACCORDING TO THE PLAT OF SAID HARVEY AND AMICK'S SUBDIVISION RECORDED APRIL 17, 1866, IN BOOK 2 OF MAPS. PAGE 139-1/2, IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. AND THAT PART OF THE NORTHERLY 22 FEET OF LOT 8 LYING EASTERLY OF THE EASTERLY LINE OF RIVERSIDE AVENUE IN BLOCK 21 OF THE ORIGINAL TOWN OF ELGIN, AS LAID OUT BY JAMES T GIFFORD. IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. AND LOTS 17, 18, 21 AND 22 (EXCEPT THAT PART OF SAID LOTS, IF ANY, FALLING WITHIN RIVERSIDE AVENUE) OF B.W. RAYMOND'S SUBDIVISION OF LOTS 1, 3, 4 AND 5 IN BLOCK 21 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF FOX RIVER IN THE EAST FRACTION OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO, ALL THAT PART OF AN ALLEY 20 FEET WIDE (NOW VACATED) IN SAID SUBDIVISION, WHICH LIES BETWEEN SAID LOTS 21 AND 22 AND SAID LOTS 17 AND 18 AND SOUTH OF THE NORTH LINE OF SAID LOTS AND NORTH OF THE SOUTH LINE OF SAID LOTS EXTENDED ACROSS SAID ALLEY, ALL IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. AND LOTS 19 AND 20 AND THE VACATED 20 - FOOT ALLEY LYING BETWEEN SAID LOTS IN B W. RAYMOND'S SUBDIVISION OF LOTS 1, 3, 4 AND 5 IN BLOCK 21 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF FOX RIVER (EXCEPT THAT PART LYING WEST OF THE EASTERLY LINE OF RIVERSIDE AVENUE, AS ESTABLISHED BY PLAT RECORDED SEPTEMBER 22, 1885, IN BOOK 7, PAGE 13). IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. AND THAT PART OF THE 18 - FOOT WIDE ALLEY NOW KNOWN AS "FOUNTAIN SQUARE WAY" LYING BETWEEN B.W RAYMOND'S SUBDIVISION OF LOTS 1, 3, 4 AND 5 IN BLOCK 21 OF THE ORIGINAL TOWN OF ELGIN, ON THE EAST SIDE OF FOX RIVER AND HARVEY AND AMICK'S SUBDIVISION OF LOTS 6 AND 7 IN BLOCK 21 OF JAMES T. GIFFORD'S PLAT OF ELGIN, ALL IN THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 14, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THIRD PRINCIPAL MERIDIAN IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEASTERLY CORNER OF LOT A OF SAID HARVEY AND AMICK'S SUBDIVISION; THENCE ON AN ASSUMED BEARING OF SOUTH 56°-29'-29" WEST, 184.00 FEET ALONG THE NORTHWESTERLY LINE OF SAID LOT A TO THE NORTHWESTERLY CORNER THEREOF. THENCE NORTH 33°-29'-00"WEST, 18.00 FEET ALONG THE NORTHWESTERLY EXTENSION OF THE SOUTHWESTERLY LINE OF SAID HARVEY AND AMICK'S SUBDIVISION TO THE SOUTHWESTERLY EXTENSION OF THE SOUTHEASTERLY LINE OF SAID B.W. RAYMOND'S SUBDIVISION; THENCE NORTH 56°-29'-29" EAST, 184.00 FEET ALONG SAID EXTENSION AND SAID SOUTHEASTERLY LINE TO THE SOUTHEASTERLY CORNER OF SAID B.W. RAYMOND'S SUBDIVISION; THENCE SOUTH 33°-29'-00" EAST, 18.00 FEET ALONG THE SOUTHWESTERLY LINE OF SOUTH GROVE AVENUE TO THE POINT OF BEGINNING. AND PART OF RIVERSIDE AVENUE VACATED BY DOCUMENT 2005K039739 TRACT BEGINNING AT THE INTERSECTION OF THE EASTERLY LINE OF RIVERSIDE AVENUE WITH THE SOUTHERLY LINE OF THE AFORESAID NORTHERLY 22 FEET OF LOT 8 AND RUNNING THENCE NORTH 33°-28'-44"WEST, MEASURED, ALONG THE EASTERLY LINE OF RIVERSIDE AVENUE AND A PART OF VACATED RIVERSIDE AVENUE, 220.72 FEET; THENCE NORTH 85°-59'-21" EAST, PARALLEL WITH THE NORTH SIDE OF THE PARKING DECK OF FOUNTAIN SQUARE ON THE RIVER CONDOMINIUMS, 125.35 FEET; THENCE SOUTH 34°-00'-39" EAST 9.02 FEET, THENCE NORTH 55°-59'-21" EAST, 25.92 FEET, THENCE SOUTH 33°-29'-65"EAST, 12.41 FEET; THENCE NORTH 66°-30'-05" EAST, 32.31 FEET TO THE WESTERLY LINE OF SOUTH GROVE AVENUE; THENCE SOUTH 33°-29'-00" EAST, ALONG SAID WESTERLY LINE, 200.77 FEET, TO THE INTERSECTION OF THE WESTERLY LINE OF SOUTH GROVE AVENUE WITH THE SOUTHERLY LINE OF THE AFORESAID NORTHERLY 22 FEET OF LOT 8. THENCE SOUTH 58°-32'-31"WEST, ALONG SAID SOUTHERLY LINE, 183.81 FEET, MORE OR LESS TO THE POINT OF BEGINNING ALL IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. DESCRIBED AS FOLLOWS: THAT PART OF THE PREVIOUSLY DESCRIBED PROPERTY TAKEN AS A TRACT COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF SOUTH GROVE AVENUE WITH THE SOUTHERLY LINE OF THE NORTHERLY 22 FEET OF LOT 8, AFORESAID, AND RUNNING THENCE NORTH 33°-29'-00" WEST, 61.72 FEET, TO A POINT; THENCE SOUTHWESTERLY, AT RIGHT ANGLES, 2.30 FEET, TO THE INTERIOR WALL OF THE SPACE DESCRIBED HEREON, AND THE POINT OF BEGINNING, THENCE CONTINUING SOUTHWESTERLY, ALONG SAID WALL LINE, 42.46 FEET; THENCE SOUTHEASTERLY, ALONG SAID WALL LINE, 12.59 FEET, THENCE SOUTHWESTERLY, ALONG SAID WALL LINE, 1.21 FEET; THENCE SOUTHEASTERLY, ALONG SAID WALL LINE. 7 03 FEET; THENCE SOUTHWESTERLY, ALONG SAID WALL LINE, 1.41 FEET; THENCE SOUTHEASTERLY, ALONG SAID WALL LINE, 6.60 FEET, THENCE 2 DM3\1128872.1 NORTHEASTERLY, ALONG SAID WALL LINE, 34.79 FEET; THENCE NORTHWESTERLY, ALONG SAID WALL LINE, 7.00 FEET; THENCE NORTHEASTERLY, ALONG SAID WALL LINE, 11.31 FEET, TO THE EASTERLY MOST INTERIOR WALL; THENCE NORTHWESTERLY, FOLLOWING ALONG SAID WALL LINE, 19.40 FEET, MORE OR LESS TO THE POINT OF BEGINNING, AND SAID SPACE LYING BETWEEN THE CONCRETE FLOOR, ELEVATION 713.63, AND CONCRETE CEILING, ELEVATION 126.68, ALL IN THE CITY OF ELGIN, KANE COUNTY ILLINOIS. AND ALSO THAT PART OF THE PREVIOUS DESCRIBED PROPERTY TAKEN AS A TRACT; COMMENCING AT THE INTERSECTION OF THE WESTERLY LINE OF SOUTH GROVE AVENUE WITH THE SOUTHERLY LINE OF THE NORTHERLY 22 FEET OF LOT 8, AFORESAID, AND RUNNING THENCE NORTH 33°-29'-00"WEST, 138.27 FEET, TO A POINT; THENCE SOUTHWESTERLY, AT RIGHT ANGLES, 2.02 FEET, TO THE INTERIOR WALL OF THE SPACE DESCRIBED HEREON, AND THE POINT OF BEGINNING, THENCE CONTINUING SOUTHWESTERLY, ALONG SAID WALL LINE, 2.00 FEET; THENCE NORTHWESTERLY, ALONG SAID WALL LINE. 1.83 FEET; THENCE SOUTHWESTERLY, ALONG SAID WALL LINE, 7 05 FEET; THENCE SOUTHEASTERLY, ALONG SAID WALL LINE, 15.43 FEET; THENCE SOUTHWESTERLY, ALONG SAID WALL LINE, 0.87 FEET; THENCE NORTHWESTERLY, ALONG SAID WALL LINE, 5.24 FEET; THENCE SOUTHWESTERLY, ALONG SAID WALL LINE, 20.24 FEET, THENCE NORTHWESTERLY, ALONG SAID WALL LINE, 0.13 FEET; THENCE SOUTHWESTERLY, ALONG SAID WALL LINE, 5.00 FEET, THENCE NORTHWESTERLY, ALONG SAID WALL LINE, 5.24 FEET, THENCE SOUTHWESTERLY, ALONG SAID WALL LINE, 5.57 FEET, THENCE NORTHWESTERLY, ALONG SAID WALL LINE, 4 04 FEET, THENCE SOUTHWESTERLY, ALONG SAID WALL LINE, 20.42 FEET; THENCE SOUTHEASTERLY, ALONG SAID WALL LINE, 30.70 FEET; THENCE NORTHEASTERLY, ALONG SAID WALL LINE, 18.13 FEET; THENCE NORTHWESTERLY, ALONG SAID WALL LINE, 0.57 FEET, THENCE NORTHEASTERLY, ALONG SAID WALL LINE, 2.00 FEET; THENCE SOUTHEASTERLY ALONG SAID WALL LINE, 2.03 FEET; THENCE SOUTHWESTERLY, ALONG SAID WALL LINE, 2.00 FEET; THENCE NORTHWESTERLY ALONG SAID WALL LINE, 0.60 FEET, THENCE SOUTHWESTERLY, ALONG SAID WALL LINE, 18.25 FEET; THENCE SOUTHEASTERLY, ALONG SAID WALL LINE, 23.40 FEET; THENCE EASTERLY, ALONG SAID WALL LINE, 3.58 FEET, THENCE SOUTHEASTERLY, ALONG SAID WALL LINE AND AS EXTENDED 15.94 FEET, THENCE NORTHEASTERLY, ALONG SAID WALL LINE, 7.27 FEET; THENCE NORTHWESTERLY, ALONG SAID WALL LINE, 8.72 FEET, THENCE NORTHEASTERLY, ALONG SAID WALL LINE AND AS EXTENDED 9 79 FEET; THENCE NORTHWESTERLY, ALONG SAID WALL LINE, 2.52 FEET; THENCE NORTHEASTERLY, ALONG SAID WALL LINE, 14.38 FEET; THENCE SOUTHEASTERLY, ALONG SAID WALL LINE, 15.85 FEET; THENCE NORTHEASTERLY, ALONG SAID WALL LINE. 17.98 FEET, THENCE NORTHWESTERLY, ALONG SAID WALL LINE, 1.80 FEET; THENCE NORTHEASTERLY, ALONG SAID WALL LINE, 9.18 FEET, TO THE EASTERLY MOST 3 DM3\1128872.1 INTERIOR WALL; THENCE NORTHWESTERLY FOLLOWING ALONG THE SAID WALL LINE, 77.42 FEET, MORE OR LESS TO THE POINT OF BEGINNING, AND SAID SPACE LYING BETWEEN THE CONCRETE FLOOR, ELEVATION 713 63, AND THE CONCRETE CEILING, ELEVATION 726.57, ALL IN THE CITY OF ELGIN, KANE COUNTY, ILLINOIS. 4 DM3\1128872.1 ' r EXHIBIT B-1 UNIT NUMBERS 201 , 202, 203, 204, 205, 206, 207, 208, 303, 304, 305, 306, 308, 309, 314, 315, 316, 401 , 404, 405, 406, 408, 409, 414, 422, 502; 503, 505, 506, 508, 513, 516, 521 , 522, 603, 604, 605, 606, 607, 608, 609, 613, 614, 616, 703, 704, 705, 706, 708, 709, 712, 801 , 804, 805, 806, 808, 809, 810 AND PARKING UNITS P-1 , P-12, P-19, P-20, P-22, P-26, P-27, P-28,P-29, P-31 THRU P-51 , P-53, P-56, P-58, . P-60, P-65, P-66, P-68, P-70, P-71 , P-72, P-73, P-74, P-75, P-76, P-77, P-78, P-79, P-82, P-83, P-84, P-85, P-89, P-90, P-93, P-95, P-97, P-98, P-99, P-100, P-101 , P-102, P-103, P-105, P-106, P-107, P-108 AND PARKING UNITS M-1, M-2, M-3, M-4, M-5 AND M-6 IN THE FOUNTAIN SQUARE ON THE RIVER CONDOMINIUMS, AS DELINEATED ON A PLAT OF SURVEY OF THE FOLLOWING DESCRIBED TRACT OF LAND: PART OF THE SOUTHEAST 1/4 OF SECTION 14, TOWNSHIP 41 NORTH, : RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN CITY OF ELGIN, KANE COUNTY, ILLINOIS. WHICH PLAT OF SURVEY IS ATTACHED AS EXHIBIT TO THE DECLARATION OF CONDOMINIUM RECORDED OCTOBER 19, 2007 AS DOCUMENT NUMBER 2007K106255; TOGETHER WITH ITS UNDIVIDED PERCENTAGE INTEREST IN THE COMMON ELEMENTS. DM3\1 119596.2 i EXHIBIT C-1 Legal Description of City Parking Unit P-1 A tract of land shown as City parking Unit P-1 of Fountain Square on the River Condominiums, a part of the East Half of Southeast Quarter of Section 14, Township 41 North, Range 8 East of the Third Principal Meridian, according to the plat thereof recorded October 19, 2007 as Document No. 20071(106255, said City Parking Unit P-1 more particularly described as follows: Commencing at the most Southerly corner of said Fountain Square on the River Condominiums; thence North 33 degrees 26 minutes 44 seconds West along the Southwesterly line thereof, 83.60 feet; thence North 56 degrees 31 minutes 43 seconds East 0.86 feet to the most Southerly corner of said Unit P-1 for the point of beginning; (the next 14 courses being along the boundary of said Unit P-1); thence North 33 degrees 28 minutes 25 seconds West 131.96 feet; thence North 56 degrees 34 minutes 06 seconds East 118.74 feet; thence South 33 degrees 12 minutes 49 seconds East 19.72 feet; thence North 56 degrees 32 minutes 28 seconds East 1.20 feet; thence South 33 degrees 12 minutes 49 seconds East 1.07 feet; thence North 56 degrees 32 minutes 28 seconds East 62.48 feet; thence South 33 degrees 28 minutes 30 seconds East 54.08 feet; thence South 56 degrees 32 minutes 26 seconds West 10.72 feet; thence South 33 degrees 27 minutes 34 seconds East 0.22 feet; thence South 56 degrees 30 minutes 12 seconds West 52,90 feet; thence South 33 degrees 23 minutes 43 seconds East 56.12 feet; thence South 56 degrees 31 minutes 31 seconds West 101.53 feet; thence South 34 degrees 30 minutes 31 seconds East 0.63 feet; thence South 56 degrees 31 minutes 31 seconds West 17.11 feet to the point of beginning, said City Parking Unit P-1 falling vertically between the floor elevation of 715.17 and the ceiling elevation of 726.52, (verified with the benchmark shown on Sheet 1 of 10 of the recorded condominium plat aforesaid), in the City of Elgin, Kane County, Illinois. PERMANENT REAL ESTATE INDEX NO.: 06-14-433-255 ADDRESS OF PROPERTY: 50 South Grove Avenue, Elgin, Illinois 60120 14 DM3\11 19596.2