Loading...
HomeMy WebLinkAbout21-61 Resolution No. 21-61 RESOLUTION AUTHORIZING EXECUTION OF AN AMENDMENT TO INTERGOVERNMENTAL AGREEMENT WITH THE VILLAGE OF SLEEPY HOLLOW BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and directed to execute an Amendment To Intergovernmental Agreement by and between the City of Elgin and the Village of Sleepy Hollow regarding jurisdictional boundaries, a copy of which is attached hereto and made a part hereof by reference. s/David J. Kaptain David J. Kaptain, Mayor Presented: April 14, 2021 Adopted: April 14, 2021 Vote: Yeas: 9 Nays: 0 Attest: s/Kimberly Dewis Kimberly Dewis, City Clerk AMENDMENT TO INTERGOVERNMENTAL AGREEMENT REGARDING JURISDICTIONAL BOUNDARIES BY AND BETWEEN THE CITY OF ELGIN AND THE VILLAGE OF SLEEPY HOLLOW THIS AMENDMENT ("Amendment Agreement") TO THE INTERGOVERNMENTAL AGREEMENT REGARDING JURISDICTIONAL BOUNDARIES by and between the City of Elgin, an Illinois municipal corporation, Cook and Kane Counties, Illinois (hereinafter referred to as the "City of Elgin"), and the Village of Sleepy Hollow, an Illinois municipal corporation, Kane County, Illinois (hereinafter referred to as the "Village of Sleepy Hollow"), is made this 14th day of April , 2021. WHEREAS, the parties have previously entered into a intergovernmental agreement regarding jurisdictional boundaries dated August 31, 2005 (hereinafter referred to as the "2005 Boundary Line Agreement"); and WHEREAS, an application for development of a certain parcel or parcels currently within the jurisdiction of Village of Sleepy Hollow has been filed with the City of Elgin, and the parties have considered and agree that an amendment to the 2005 Boundary Line Agreement ought to be made at this time; and WHEREAS, the City of Elgin and the Village of Sleepy Hollow have authorized, by duly passed resolution, the execution of this Amendment Agreement as an exercise of planning and of intergovernmental cooperation. NOW THEREFORE IN CONSIDERATION OF THE MUTUAL PROMISES CONTAINED HEREIN, IT IS HEREBY AGREED BY AND BETWEEN THE CITY OF ELGIN AND THE VILLAGE OF SLEEPY HOLLOWAS FOLLOWS: A-1. Amendment to Jurisdictional Boundary Areas. The map attached to the 2005 Boundary Line Agreement as Exhibit 1 shall be and is hereby amended and modified by removing from the Village of Sleepy Hollow Jurisdictional Area and placing in the City of Elgin Jurisdictional Area the property depicted on Exhibit 1-A attached hereto and legally described on Exhibit 2-A attached hereto (hereinafter referred to as the "Subject Elgin Development Property".) The Subject Elgin Development Property depicted in Exhibit 1-A and legally described in Exhibit 2-A attached hereto shall be subject to the jurisdiction of the City of Elgin for annexation, land use planning, zoning and subdivision control. A-2 Sales Tax Sharing. In the event the Subject Elgin Development Property depicted and described in Exhibits 1-A and 2-A attached hereto is annexed , zoned and developed in the City of Elgin during the remaining current term, of the 2005 Boundary Line Agreement, then the City of Elgin shall pay to the Village of Sleepy Hollow, for a period of five (5) years as defined in this paragraph, an amount equal to five (5%) percent of the Retailer Occupation Taxes (the "sales taxes") received by the City of Elgin from the development(s) on the Subject Elgin Development .Property depicted and described in Exhibits I -A and 2-A attached .hereto. For the purposes of the Amendment Agreement, "developed" shall mean thatt a certificate of occupancy has been issued by the City of Elgin for a newly constructed building on any portion of such Subject Elgin Development Property depicted and described in Exhibits 1-A and 2-A attached hereto. Provided further, for purposes of this Amendment Agreement, the period for calculating the amount due under said obligation, to make such payment shall commence on January 1 of the calendar year next following the date of issuance of the first occupancy permit by the City of Elgin for such Subject Elgin Development .Property depicted and described in Exhibits 1-A and 2-A attached hereto. By way of example only, if the first occupancy permit for such Subject Elgin Development Property depicted and described on. Exhibits 1-A and 2-A attached hereto were to be issued by the City of Elgin on rune 1, 2021, then the period for calculating any amount to be paid to the Village of Sleepy Hollow would commence on January 1, 2022..In the event the sales tax sharing provided for in this section A-2 becomes due and owning by the City of Elgin to the Village of Sleepy Hollow for such Subject Elgin Development Property depicted and described in Exhibits 1-A and 2-A, then the five (5) year obligation to pay such sales tax sharing as provided for in this section shall survive the expiration of the remaining current terra of the 2005 Boundary Line Agreement. A-3 Real Estate Tax. Sharing. In the event that the Subject Elgin Development Property depicted and described in Exhibits 1-A and 2-A attached hereto is annexed, zoned and developed in the City of Elgin during; the remaining current tenn of the 2005 Boundary Line Agreement, then the City of Elgin shall pay to the Village of Sleepy Hollow, for a period of five (5) years as defined in this paragraph, an amount equal to fifty percent (50%) of the real estate taxes received by the City of Elgin front the development(s) on the Subject Elgin Development Property depicted and described on Exhibits 1-A and 2-A attached hereto. For the purposes of this Amendment Agreement, "developed" shall mean that a certificate of occupancy has been issued by the City of Elgin for a newly constructed building on any portion of the Subject Elgin Development Property depicted and described .in .Exhibits 1-A and 2-A attached hereto. Provided further, for the purposes of this Amendment Agreement, the period for calculating the amount due under said obligation to snake such payment related to the development of such property* shall commence on January l of the calendar year next following the date of issuance of the first occupancy permit by the City of Elgin for such Subject Elgin Development Property depicted and described in Exhibits l -A and 2-A attached hereto. Byway of example only, if the first occupancy permit on such Subject Elgin Development Property described and depicted on. Exhibits 1-A and 2-A attached hereto were to be issued by the City of Elgin on ,Tune 1, 2022, then the period for calculating any amount to be paid to the Village of Sleepy Hollow would commence on January 1, 2023, and would continue throughout the 2023 calendar year and subsequent years; and further, if the first occupancy permit on such property were to be issued by the City of Elgin on January 1, 2023, the period for calculating the amount to be paid to the Village of Sleepy Hollow would commence on January 1, 2024 and continue throughout the 2024 calendar year and subsequent years. In. the event the real estate tax sharing provided for in this section A-3 becomes due and owing by the City of Elgin to the Village of Sleepy Hollow for such Subject Elgin Development Property depicted and described on Exhibits I -A and 2-A attached hereto, then the five (5) year obligation to pay such real estate tax sharing shall survive the expiration ofthe remaining current term of the 2005 Boundary Line Agreement. A-4. In the event of any conflict between the terms of this Amendment Agreement and the terms of the 2005 Boundary Line Agreement, the terms of this Amendment Agreement shall supercede and control. A-5. Except as amended in this Amendment Agreement, the 2005 Boundary Line Agreement shall remain in full force and effect. IN WITNESS WIIE.REOF, the parties have hereunto set their hands and seals the day and year first above written in Kane County, Illinois. CITY OF Ed By: avid J. Kaptain Mayor ATTEST: Kimberly Dewis City Clerk VIL of By. Stephen Pickett President ATTESZl x V "Anthony_ Milli Village Clerk r.Uxg,al Dcp1\Agrccmen1113oundary Agr-Sleq)y Hollotiv-Amendment-cle ii-3-19-2 L.docx EXHIBIT 1-A SUBJECT ELGIN DEVELOPMENT PROPERTY ILFA20-4451 PARCEL 1: THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER 611 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 86 DEGREES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 512 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED 67 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 130 FEET FOR THE POINT OF BEGINNING; THENCE NORTHERLY ALONG THE LAST DESCRIBED COURSE AND SAID COURSE EXTENDED 200 FEET; THENCE WESTERLY 576.56 FEET TO A POINT ON THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER, 465 FEET SOUTH OF THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTH ALONG SAID WEST LINE 457.35 FEET TO THE NORTHERLY LINE OF THE RIGHT OF WAY OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE 275 FEET; THENCE NORTHEASTERLY 473.3 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS, HEREINAFTER FOR CONVENIENCE REFERRED TO AS "THE REAL ESTATE". PARCEL 1A: TOGETHER WITH A NON-EXCLUSIVE RIGHT TO USE THE EASEMENT FOR INGRESS AND EGRESS CREATED BY DECLARATION DATED MAY 17, 1963 AND RECORDED JUNE 3, 1963 IN BOOK 2182, PAGE 247 AS DOCUMENT 1002043, MADE BY RUTH A. MEADOWS AND HUSBAND ET AL, OVER THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A STRIP OF LAND 66 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1035.98 FEET TO A POINT 34.17 FEET NORTH OF, MEASURED ALONG SAID EAST LINE, THE NORTHERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY FOR THE POINT OF BEGINNING OF SAID CENTER LINE; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 105 DEGREES S TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, BEING PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE, 108 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT 296.32 FEET; THENCE NORTHWESTERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT 125 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 213.80 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT 218.69 FEET, THENCE WESTERLY TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT 133.74 FEET FOR THE TERMINUS OF SAID CENTER LINE; IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. ALSO, OVER THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 33, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID QUARTER 611 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 86 DEGREES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 512 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 83 FEET FOR THE POINT OF BEGINNING, THENCE WESTERLY ALONG THE LAST DESCRIBED COURSE AND SAID COURSE EXTENDED WESTERLY 150 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 97 FEET; THENCE EASTERLY 150 FEET TO A POINT 103.38 FEET SOUTHERLY FROM THE POINT OF BEGINNING; THENCE NORTHERLY 103.38 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. P.I.N. 03-33-300-007 35W655 TOLLGATE ROAD, WEST DUNDEE, ILLINOIS ILFA20-4452 PARCEL ONE: THAT PART OF THE EAST 1/2 OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE EAST ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER 611 FEET; THENCE SOUTH 4 DEGREES EAST 512 FEET; THENCE SOUTH 86 DEGREES WEST 67 FEET; THENCE NORTH 3 DEGREES WEST 70 FEET; THENCE SOUTH 88 DEGREES 09 MINUTES WEST 577.57 FEET TO THE WEST LINE OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 33; THENCE NORTH ALONG SAID WEST LINE 465 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. PARCEL TWO: EASEMENT FOR INGRESS AND EGRESS CREATED BY AGREEMENT DATED MAY 17, 1963 AND RECORDED JUNE 3, 1963 AS DOCUMENT 1002043 MADE BY RUTH A. MEADOWS AND OTHERS FOR BENEFIT OF PARCEL ONE AND OVER EASEMENT AREA DESCRIBED IN SAID DOCUMENT 1002043. P.I. N. 03-33-300-006 35W660 TOLLGATE ROAD, WEST DUNDEE, ILLINOIS ILFA20-4453 PARCEL ONE: THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 130 FEET FOR A POINT OF BEGINNING; THENCE SOUTH ALONG SAID EAST LINE 905.98 FEET TO A POINT 34.17 FEET NORTH OF, MEASURED ALONG SAID EAST LINE, THE NORTHERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 105 DEGREES 03 MINUTES, 0 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, BEING PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE 108 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, 27.17 FEET; THENCE NORTHEASTERLY ALONG A RADIAL LINE FOR THE LAST DESCRIBED CURVE, 33.0 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 376.11 FEET AND TANGENT TO A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE 247.44 FEET; THENCE NORTHWESTERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED COURSE, 12.31 FEET; THENCE SOUTHWESTERLY ALONG A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE, 33.0 FEET; THENCE NORTHWESTERLY ALONG A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE, 112.69 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 213.80 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE 100 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 108 DEGREES, 12 MINUTES, 0 SECONDS, MEASURED FROM SOUTHEAST TO NORTHEAST WITH THE CHORD OF THE LAST DESCRIBED CURVE 508.5 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 49 DEGREES 09 MINUTES, 0 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE 276.45 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. PARCEL TWO EASEMENT FOR INGRESS AND EGRESS CREATED BY DEED DATED MAY 31, 1963 AND RECORDED JUNE 10, 1963 IN BOOK 2183, PAGE 261 AS DOCUMENT 1002477 MADE BY RUTH A. MEADOWS AND HUSBAND TO DONALD M. SCHLEIFER AND WIFE FOR THE BENEFIT OF PARCEL OVER THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A STRIP OF LAND 33.0 FEET IN WIDTH, THE NORTHERLY LINE WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1035.98 FEET TO A POINT 34.17 FEET NORTH OF MEASURD ALONG SAID EAST LINE, THE NORTHERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY FOR THE POINT OF BEGINNING OF THE NORTHERLY LINE OF SAID 33.0 FOOT STRIP; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 105 DEGREES, 00 MINUTES 00 SECONDS TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, BEING PARELLEL WITH SAID NORTHERLY RIGHT OF WAY LINE 108.0 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE 296.32 FEET; THENCE NORTHWESTERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE 125.0 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 213.80 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE 100.0 FEET; BEING THE TERMINATION OF THE NORTHERLY LINE OF A 33.0 FOOT STRIP, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. P.I.N. 03-33-300-053 35W530 TOLLGATE ROAD, WEST DUNDEE, ILLINOIS ILFA20-4454: THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE EAST LINE OF SAID SOUTHWEST QUARTER THAT IS 1038.98 FEET SOUTH OF THE NORTHEAST CORNER THEREOF, BEING ALSO A POINT 34.17 FEET NORTH ERLY(MEASURED ALONG THE EAST LINE) FROM THE NORTHERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY; THENCE NOTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 105 DEGREES 03 MINUTES TO THE RIGHT OF SAID EAST LINE, AND BEING PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE FO 108.0 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 296.32 FEET; THENCE NORTHWESTERLY TANGENT TO THE LAST DESCRIBED CURVE A DISTANCE OF 125.0 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 213.80 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE A DISTANCE OF 100.00 FEET FOR THE PLACE OF BEGINNING; THENCE NORTHEASTERLY ALONG A LINE THAT FORMS AN ANGLE OF 108 DEGREES 12 MINUTES FROM SOUTHEAST TO NORTHEAST WITH THE CHORD OF THE LAST DESCRIBED CURVE, A DISTANCE OF 508.5 FEET; THENCE NORTHEASTERLY 276.45 FEET TO A POINT IN THE EAST LINE OF SAID SOUTHWEST QUARTER THAT IS 130.0 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE NORTHERLY ALONG SAID EAST LINE 130.0 FEET TO THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE WESTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 702.2 FEET TO A POINT 611.0 FEET EAST OF THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTHERLY ALONG A LINE THAT FORMS A CLOCKWISE ANGLE 86 DEGREES WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER, A DISTANCE OF 512.0 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 130.0 FEET; THENCE EASTERLY ALONG A LINE THAT FORMS AN ANGLE OF 90 DEGREES 48 MINUTES FROM NORTH TO EAST WITH THE LAST DESCRIBED COURSE, A DISTANCE OF 133.14 FEET; THENCE SOUTHEASTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 213.8 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 118.69 FEET TO THE PLACE OF BEGINNING, BEING SITUATED IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS. TOGETHER WITH A NON-EXCLUSIVE RIGHT TO USE THE EASEMENT FOR INGRESS AND EGRESS CREATED BY DECLARATION DATED MAY 17, 1963 AND RECORDED JUNE 3, 1963 IN BOOK 2182, PAGE 247 AS DOCUMENT 1002043, MADE BY RUTH A. MEADOWS AND HUSBAND ET AL, OVER THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A STRIP OF LAND 66 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1035.98 FEET TO A POINT 34.17 FEET NORTH OF, MEASURED ALONG THE EAST LINE, THE NORTHERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY FOR THE POINT OF BEGINNING OF SAID CENTER LINE; THENCE NORTHWESTERLY ALONG A LINE FORMING AND ANGLE OF 105 DEGREES 03 MINUTES TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE BEING PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE, 108 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT 125 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 213.80 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT 218.69 FEET; THENCE WESTERLY TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT 133.74 FEET FOR THE TERMINUS OF SAID CENTER LINE; IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. ALSO, OVER THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 33, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST QUARTER OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID QUARTER 611 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 86 DEGREES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 512 FEET; THENCE EASTERLY ATRIGHT ANGLES TO THE LAST DESCRIBED COURSE, 83 FEET FOR THE POINT OF BEGINNING; THENCE WESTERLY ALONG THE LAST DESCRIBED COURSE AND SAID COURSE EXTENDED WESTERLY 150 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES TO THE LEFT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE 97 FEET; THENCE EASTERLY 150 FEET TO A POINT 103.38 FEET SOUTHERLY FROM THE POINT OF BEGINNING; THENCE NORTHERLY 103.38 FEET TO THE POINT OF BEGINNING; IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. P.I.N. 03-33-300-042 35W590 TOLLGATE ROAD, WEST DUNDEE, ILLINOIS ILFA20-4455 PREMISES A PARCELI: PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 611.0 FEET; THENCE SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 86 DEGREES 00 MINUTES TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 512.0 FEET; THENCE WESTERLY AT RIGHT ANGLES TO THE LST DESCRIBED COURSE A DISTANCE OF 67.0 FEET; THENCE SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 89 DEGREES 00 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 130.0 FEET; THENCE SOUTHWESTERLY 9.3 FEET FOR THE PLACE OF BEGINNING, SAID 9.3 FEET BEING MEASURED ALONG A LINE THAT IF EXTENDED WOULD INTERSECT THE NORTHERLY RIGHT OF WAY LINE OF THE NORTHWEST TOLL HIGHWAY AT A POINT 275.0 FEET EASTERLY OF THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER (SAID 275.0 FEET BEING MEASURED ALING SAID NORTHERLY RIGHT OF WAY LINE); THENCE CONTINUING SOUTHWESTERLY ALONG THE LAST DESCRIBED COURSE EXTENDED, A DISTANCE OF 464.0 FEET TO THE POINT IN SAID NORTHERLY RIGHT OF WAY LINE THAT IS 275.0 FEET EASTERLY OF THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 188.25 FEET TO AN ANGLE IN SAID NORTHERLY RIGHT OF WAY LINE, THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE A DISTANCE OF 136.67 FEET, THENCE NORTHERLY 411.6 FEET TO THE PLACE OF BEGINNING, AND TO BE SITUATED IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS. PARCEL 1A: AN EASEMENT FOR INGRESS AND EGRESS OVER A STRIP OF LAND 25.0 FEET IN WIDTH LYING EASTERLY AND ADJOINING THE PROPERTY HEREIN ABOVE DESCRIBED IN PARCEL 1. AN EASEMENT FOR ROAD PURPOSES DESCRIBED AS FOLLOWS: PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A STRIP OF LAND 66.0 FEET WIDE, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 1035.98 FEET TO A POINT IN SAID EAST LINE THAT IS 34.17 FEET NORTHERLY (MEASURED ALONG SAID EAST LINE) FROM THE NORTHERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY FOR THE PLACE OF BEGINNING FOR THE CENTER LINE OF SAID 66.0 FOOT WIDE STRIP OF LAND; THENCE NORTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 105 DEGREES 03 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE AND BEING PARLLEL WITH SAID NORTHERLY RIGHT OF WAY LINE, A DISTANCE OF 108.0 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 296.32 FEET; THENCE NORTHWESTERLY TANGENT TO THE LAST DESCRIBED CURVE, A DISTANCE OF 125.0 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 213.80 FEET AND BEING TANGENT TO THE LAST DESCRIBED CURVE A DISTANCE OF 218.69 FEET; THENCE, WESTERLY TANGENT TO THE LAST DESCRIBED CURVE A DISTANCE OF 133.74 FEET FOR THE TERMINUS OF THE CENTER LINE OF SAID 66.0 FOOT WIDE EASEMENT. ALSO A PARCEL OF LAND TO BE DESCRIBED AS AN EASEMENT FOR A PRIVATE ROAD AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST CORNER THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 611.0 FEET, THENCE SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 86 DEGREES 00 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 512.0 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE A DISTANCE OF 83.0 FEET FOR THE PLACE OF BEGINNING; THENCE WESTERLY ALONG THE LAST DESCRIBED COURSE AND ALONG THE LAST DESCRIBED COURSE EXTENDED, A DISTANCE OF 150.0 FEET; THENCE SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 89 DEGREES 00 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE A DISTANCE OF 97.0 FEET; THENCE EASTERLY 150.0 FEET TO A POINT 103.38 FEET SOUTHERLY OF THE PLACE OF BEGINNING; THENCE NORTHERLY 103.38 FEET TO THE PLACE OF BEGINNING . ALL THE ABOVE BEING SITUATED IN DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS. P.I.N. 03-33-300-008 35W645 TOLLGATE ROAD, WEST DUNDEE, IL 60118 PREMISES B THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID EAST HALF; THENCE EASTERLY ALONG THE NORTH LINE OF SAID SOUTHWEST QUARTER 611.0 FEET; THENCE SOUTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE 86 DEGREES 00 MINUTES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 512.0 FEET, THENCE WESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 67.0 FEET; THENCE SOUTHERLY ALONG A LINE THAT FORMS AN ANGLE OF 89 DEGREES 00 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED OURSE, 130.0 FEET FOR THE POINT OF BEGINNING; THENCE SOUTHWESTERLY 9.3 FEET ALONG A LINE THAT, IF EXTENDED, WOULD INTERSECT THE NORTHERLY RIGHT OF WAY OF THE NORTHWEST TOLL HIGHWAY AT A POINT 275.0 FEET EASTERLY OF THE WEST LINE OF SAID EAST HALF (SAID 275.0 FEET BEING MEASURED ALONG SAID NORTHERLY RIGHT OF WAY LINE); THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE 465.07 FEET TO AN ANGLE IN SAID NORTHERLY RIGHT OF WAY LINE; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, 101.17 FEET TO A JOG IN SAID NORTHERLY RIGHT OF WAY LINE; HENCE NORTHEASTERLY ALONG THE JOG IN SAID NORTHERLY RIGHT OF WAY LINE, 138.62 FEET; THENCE SOUTHEASTERLY ALONG SAID NORTHERLY RIGHT OF WAY LINE, 144.55 FEET TO THE EAST LONE OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG SAID EAST LINE, 34.17 FEET; THENCE NORTHWESTERLY ALONG A LINE THAT FORMS AN ANGLE OF 74 DEGREES 57 MINUTES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE AND PARALLEL WITH THE NORTHERLY RIGHT OF WAY OF THE NORTHWEST TOLL HIGHWAY 108.0 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE, 27.17 FEET; THENCE NORTHEASTERLY ALONG A RADIAL LINE FOR THE LAST DESCRIBED CURVE 33.0 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 376.11 FEET AND TANGENT TO A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE, 247.44 FEET; THENCE NORTHWESTERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED CURVE 12.31 FEET THENCE SOUTHWESTERLY ALONG A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE 33.0 FEET; THENCE NORTHWESTERLY ALONG A LINE PERPENDICULAR TO THE LAST DESCRIBED COURSE, 112.69 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 213.8 FEET AND TANGENT TO THE LAST DESCRIBED COURSE, 218.69 FEET; THENCE WESTERLY 133.14 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS. TOGETHER WITH A NON-EXCLUSIVE RIGHT TO USE THE EASEMENT FOR INGRESS AND EGRESS CREATED BY DECLARATION DATED MAY 17, 1963 AND RECORDED JUNE 3, 1963 IN BOOK 2182, PAGE 247 AS DOCUMENT 1002043, MADE BY RUTH A. MEADOWS AND HUSBAND ET AL, OVER THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 33, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, BEING A STRIP OF LAND 66 FEET IN WIDTH, THE CENTER LINE OF WHICH IS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH ALONG THE EAST LINE OF SAID SOUTHWEST QUARTER 1035.98 FEET TO A POINT 34.17 FEET NORTH OF, MEASURED ALONG SAID EAST LINE, THE NORTHERLY RIGHT OF WAY LINE OF THE STATE OF ILLINOIS NORTHWEST TOLL HIGHWAY FOR THE POINT OF BEGINNING OF SAID CENTER LINE; THENCE NORTHWESTERLY ALONG A LINE FORMING AN ANGLE OF 105 DEGREES 3' TO THE RIGHT WITH A PROLONGATION OF THE LAST DESCRIBED COURSE, BEING PARALLEL WITH SAID NORTHERLY RIGHT OF WAY LINE, 108 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE RIGHT, HAVING A RADIUS OF 409.11 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT 296.32 FEET; THENCE NORTHWESTERLY ALONG A LINE TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT 125 FEET; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT, HAVING A RADIUS OF 213.80 FEET AND BEING TANGENT TO THE LAST DESCRIBED COURSE AT THE LAST DESCRIBED POINT 218.69 FEET, THENCE WESTERLY TANGENT TO THE LAST DESCRIBED CURVE AT THE LAST DESCRIBED POINT 133.74 FEET FOR THE TERMINUS OF SAID CENTER LINE; IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS ALSO OVER THAT PART OF THE EAST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 33, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE EAST HALF OF THE SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH LINE OF SAID QUARTER 611.0 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 86 DEGREES TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, 512.0 FEET; THENCE EASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, 93 FEET FOR THE POINT OF BEGINNING; THENCE WESTERLY ALONG THE LAST DESCRIBED COURSE AND SAID COURSE EXTENDED WESTERLY, 150.0 FEET; THENCE SOUTHERLY ALONG A LINE FORMING AN ANGLE OF 89 DEGREES TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE 97.0 FEET; THENCE ESTERLY 150.0 FEET TO A POINT 103.38 FEET SOUTHERLY FROM THE POINT OF BEGINNING; THENCE NORTHERLY 103.38 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF DUNDEE, KANE COUNTY, ILLINOIS P.I.N. 03-33-300-055 35W625 TOLLGATE ROAD, WEST DUNDEE, ILLINOIS