HomeMy WebLinkAbout24-268 Recorded2025K000833
State of Illinois )
County of Kane)
City of Elgin )
CERTIFICATE OF CITY CLERK
SANDY WEGMAN
RECORDER - KANE COUNTY, IL
RECORDED: 1/8/2025 1:38 PM
REC FEE: 80.00
PAGES: 16
I, Kimberly Dewis, 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. 24-268
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO
ANNEXATION AGREEMENT WITH HPI-ELGIN, LLC
(HPI-Elgin, L.L.C., East Assemblage)
adopted by the Elgin City Council at its legally convened meeting held on December 4, 2024.
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 January 6, 2025.
This instrument prepared by:
Christopher Beck
Corporation Counsel
City of Elgin
150 Dexter Court
Elgin, IL 60120
Kimberly is, City Clerk
Return to:
Kimberly Dewis
Elgin City Clerk
150 Dexter Court
Elgin, IL 60120
Resolution No. 24-268
RESOLUTION
AUTHORIZING EXECUTION OF A FIRST AMENDMENT TO
ANNEXATION AGREEMENT WITH HPI-ELGIN, LLC
(HPI-Elgin, L.L.C., East Assemblage)
WHEREAS, the owners of certain property commonly known as the HPI-Elgin, L.L.C.,
East Assemblage, Elgin, Illinois have proposed that the annexation agreement between the owners
and the City of Elgin concerning said property be further amended; and
WHEREAS, after due notice as required by law, a public hearing on said proposal was held
by the corporate authorities of the City of Elgin; and
WHEREAS, the proposed First Amendment to Annexation Agreement with HPI-Elgin,
LLC is in the best interests of the City of Elgin.
NOW, THEREFORE, 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, on behalf of the City of Elgin, the First Amendment to
Annexation Agreement with HPI-Elgin, LLC, a copy of which is attached hereto.
s/ David J. Kaptain
David J. Kaptain, Mayor
Presented: December 4, 2024
Adopted: December 4, 2024
Vote: Yeas: 9 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
THIS INSTRUMENT PREPARED
BY AND RETURN TO:
Thomas R. Burney
Law Offices of Thomas R. Burney
240 Deer Run
Crystal Lake, Illinois 60012
THE ABOVE SPACE FOR RECORDER'S USE
FIRST AMENDMENT TO ANNEXATION AGREEMENT
(HPI-ELGIN, L.L.C., EAST ASSEMBLAGE)
THIS FIRST AMENDMENT AGREEMENT ("First Amendment") is made and entered
into this 4 day of December , 2024, by and between the City of Elgin, Illinois, a
municipal corporation of the Counties of Cook and Kane, in the State of Illinois (hereinafter
referred to as the "City"), and HPI-Elgin, LLC ("HPI Elgin"), an Illinois limited liability company
(hereinafter referred alternatively as the "Owner" or "Developer").
WHEREAS, Owner is the owner of record of the real property legally described in Exhibit
"A", which is attached and made a part hereof (which real property, for convenience, is hereafter
referred to as the "Subject Property"); and
WHEREAS, the City and the Owner previously entered into an Annexation Agreement
for the Subject Properly dated December 15, 2004 (hereinafter referred to as the "Annexation
Agreement"); and
WHEREAS, the Owner has filed a petition with the City to amend the Annexation
Agreement; and
WHEREAS, the City and the Owner acknowledge and agree that the Subject Property has
previously validly been annexed to the City; and
WHEREAS, the Mayor and City Council of the City ("Corporate Authorities") have duly
set a time, date and place for a public hearing on this First Amendment to the Annexation
Agreement, and have caused due notice to be made of said public hearing in a newspaper with
general circulation in the community; and
WHEREAS, a public hearing was held on this First Amendment to the Annexation
Agreement as required by law.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
contained herein, and other good and valuable consideration, the receipt and sufficiency of which
is hereby acknowledged, the parties hereto agree as follows:
Page 1 of 11
The preambles set forth above are expressly incorporated herein by reference.
2. This First Amendment to the Annexation Agreement is made pursuant to and in
accordance with the provisions of Section I 1 of the Illinois Municipal Code (65 ILCS 5111-
15.1.1 et seq.), and in the exercise of the home rule power of the City.
3. The Annexation Agreement dated December 15, 2004, be and are further hereby
amended as follows:
A. Paragraph 18 of the Annexation Agreement is hereby amended with respect to the
Subject Property to read as follows:
"This Annexation Agreement (as further amended by the First Amendment) shall be in
effect for a period of twenty (20) years from and after the date of execution of the First
Amendment, and shall be binding upon and inure to the benefit of the parties hereto, and
their heirs, successors and assigns of all or any part of the Subject Property. Upon the
expiration of the term of this Annexation Agreement as extended herein, (a) this
Annexation Agreement shall be of no further force or effect, (b) the zoning classifications
granted the Subject Property pursuant to this Annexation Agreement, as amended, shall
remain in full force and effect unless and until amended by ordinance adopted by the City
pursuant to rezoning procedures then in effect, and (c) the development of the remainder
of the Subject Property shall proceed in accordance with all applicable ordinances then and
thereafter in effect in the City of Elgin. The provisions of this Paragraph 17 shall survive
the expiration of this Annexation Agreement. In the event that such extension of the term
of this Annexation Agreement is determined by a court of competent jurisdiction to exceed
the maximum time that an Annexation Agreement may lawfully remain in effect, then for
and with respect to any such period that is so held to be in excess of such maximum lawful
period for annexation agreements, this Annexation Agreement, with the exception of
Section 2 thereof relating to the annexation of the Subject Property, shall be deemed to
have been automatically converted into a development agreement between the parties
hereto."
B. Paragraph 41 of the Annexation Agreement is hereby amended to read as follows:
"Notices or other writings which any party is required or may wish to serve upon any other
party in connection with this Agreement shall be in writing and shall be delivered
personally or sent by registered or certified mail, return receipt requested, postage prepaid,
or by a nationally recognized overnight courier, prepaid, addressed as follows:
If to the City or to the Corporate Authorities:
City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: City Clerk
With a copy to:
City of Elgin
Page 2 of 11
150 Dexter Court
Elgin, Illinois 60120
Attention: Corporation Counsel
If to Owner:
HPI-ELGIN, L.L.C.
c/o Anthony Pasquinelli
One of its Managers
535 Plainfield Road Suite B
Willowbrook, I160527
And if to Owner:
Jacob Kiferbaum
One of its Managers
790 Estate Drive
Deerfield, IL 60015
And if to Owner:
Karen Cohen
One of its Managers
687 Long Cove Ct.
Riverwoods, IL. 60015
And if to Owner:
Diane G. Hill
One of its Managers
2008 Abbotsford Drive
Barrington, IL 60010
With a copy to:
Thomas R. Burney
Law Office of Thomas R. Burney
240 Deer Run
Crystal Lake, IL 60012
4. That in the event of any conflict between the terms of this First Amendment to
Annexation Agreement and the terms of the Annexation Agreement, the terms of this First
Amendment to Annexation Agreement shall control.
5. This First Amendment may be executed in multiple counterparts, all of which
together, shall constitute one and the same agreement. Further, photocopies, facsimile
transmissions, email transmissions and other reproductions of this First Amendment and/or the
signatures hereon shall be the equivalent of originals.
6. That except as expressly amended in this First Amendment to Annexation
Agreement, the terms of the Annexation Agreement including the exhibits shall remain in full
force and effect.
Page 3 of 11
IN WITNESS WHEREOF, the Elgin Corporate Authorities and Owner have hereunto set
their hands and seals and have caused this instrument to be executed by their duly authorized
officials and the corporate seal affixed hereto, all on the day and year first above written.
CITY:
�. �•
: ':
Mayor
•, WSW, ,
[SUAONIa
HPI-ELGIN, L.L.C., an Illinois limited liability company
By: Anthony Pasquinelli
Its: One of its Manager
By: Jacob Kiferbaum
Its: One of its Managers
By: Karen Cohen
Its: One of its Managers
By: Diane G. Hill
Its: One of its Managers
Page 4 of 11
IN WITNESS WHEREOF, the Elgin Corporate Authorities and Owner have hereunto set
their hands and seals and have caused this instrument to be executed by their duty authorized
officials and the corporate seal affixed hereto, all on the day and year first above written.
CITY_
CITY OF ELGIN, a municipal corporation
By:
1Vlayor�-
By: _ __
HPI-ELGIN, L.L.C., an Illinois limited liability company
By: Anthony Pasqurlielli
Its: One of its Manager )
By: Jacob Kiferbaum
Its: One of its Managers
By: Karen Cohen
Its: One of its Managers
By: Diane G. Hill
Its: One of its Managers
Page 4 of 11
IN WITNESS WHEREOF, the Elgin Corporate,
their hands and seals and have caused this instrument t
officials and the corporate seal affixed hereto, all on the c
CITY:
CITY OF ELGIN, a municipal corporation
By:
Mayor
By:
Clerk
HPI-ELGIN, L.L.C., an Illinois limited liability
By: Anthony Pasquinelli
Its: One of its Manager
By: Jacob K% erbaum
It s:a One of it Managers
NJ
By: Karen Cohen
Its: One of its Managers
By: Diane G. Hill
Its: One of its Managers
Page 4 of 11
zthorities and Owner have hereunto set
be executed by their duly authorized
a and year first above written.
IN WITNESS W" '"REOF, the Elgin Corporate Authorities and Owner have hereunto
set their hands and seals and have caused this instrument to be executed by their duly authorized
officials and the corporate seal affixed hereto, all on the day and year first above written.
Ify
CITY OF ELGIN, a municipal corporation
By:
Mayor
By:
---CTe-rR--
HPI-ELGIN, L.L.C., an Illinois limited liability company
By: Anthony Pasquinelli
Its: One of its Manager
By: Jacob Kiferbaum
Its: One of its Managers
By: Karen Cohen
Its: One of its Managers
By: Diane G. Hill
Its: One of its Managers
Page 4 of 2
Exhibit A
The Subject Property is legally described as:
TRACT A: PARCEL ONE: THAT PART OF THE NORTHWEST, THE NORTHEAST,
THE SOUTHWEST AND THE SOUTHEAST QUARTERS OF SECTION 1, TOWNSHIP
41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF SECTION 1,
TOWNSHIP AND RANGE AFORESAID, WHICH POINT IS 2.74 CHAINS EAST OF THE
SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 35,
TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN;
RUNNING THENCE SOUTH 16 DEGREES 27 MINUTES 0 SECONDS WEST 28.71
CHAINS TO THE CENTER OF THE PUBLIC HIGHWAY; THENCE NORTH 52
DEGREES 50 MINUTES 0 SECONDS WEST ALONG THE CENTER OF SAID
HIGHWAY 4.27 CHAINS; THENCE NORTH 58 DEGREES 0 MINUTES 0 SECONDS
WEST ALONG THE CENTER OF SAID HIGHWAY 8.36 CHAINS; THENCE NORTH 16
DEGREES 30 MINUTES 0 SECONDS EAST 21.39 CHAINS TO THE NORTH LINE OF
SAID SECTION 1; THENCE EAST ALONG SAID NORTH LINE OF SECTION 1, 12.49
CHAINS TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART
DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF
SAID SECTION 1 THAT IS 180.84 FEET EAST OF THE SOUTHEAST CORNER OF THE
SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 16 DEGREES 27 MINUTES
00 SECONDS WEST ALONG THE WESTERLY LINE OF WILDWOOD WEST UNITS 2
AND 3, SUBDIVISIONS OF SAID SECTION 1, AND ALONG THE SOUTHWESTERLY
EXTENSION THEREOF 1898.30 FEET TO THE CENTERLINE OF HIGHLAND AVENUE;
THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ON A CURVE TO
THE LEFT AND HAVING A RADIUS OF 858.21 FEET AN ARC DISTANCE OF 189.84
FEET (THE CHORD OF THE LAST DESCRIBED LINE BEARING NORTH 50 DEGREES
05 MINUTES 42 SECONDS WEST 189.46 FEET) TO A POINT OF COMPOUND CURVE;
THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ON A CURVE TO
THE LEFT AND HAVING A RADIUS OF 11,938.29 FEET AN ARC DISTANCE OF 333.28
FEET (THE CHORD OF THE LAST DESCRIBED LINE BEARING NORTH 57 DEGREES
13 MINUTES 55 SECONDS WEST 333.27 FEET); THENCE NORTH 58 DEGREES 17
MINUTES 10 SECONDS WEST ALONG SAID CENTERLINE 310.83 FEET FOR THE
POINT OF BEGINNING; THENCE NORTH 16 DEGREES 33 MINUTES 54 SECONDS
EAST ALONG A LINE THAT IF EXTENDED WOULD INTERSECT THE NORTH LINE OF
SAID SECTION 1 AT A POINT 824.34 FEET WEST OF THE POINT OF BEGINNING (AS
MEASURED ALONG SAID NORTH LINE), A DISTANCE OF 170.30 FEET; THENCE
SOUTH 71 DEGREES 34 MINUTES 14 SECONDS EAST 260.74 FEET; THENCE
SOUTH 16 DEGREES 33 MINUTES 54 SECONDS WEST 232.37 FEET TO THE
CENTERLINE OF HIGHLAND AVENUE; THENCE NORTH 58 DEGREES 17 MINUTES
10 SECONDS WEST ALONG SAID CENTERLINE 269.99 FEET TO THE POINT OF
BEGINNING; AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS:
COMMENCING AT A POINT IN THE NORTH LINE OF SAID SECTION 1 THAT IS 180.95
FEET EAST OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL
MERIDIAN; THENCE SOUTH 16 DEGREES 27 MINUTES 00 SECONDS WEST 1577.78
FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 16 DEGREES
27 MINUTES 00 SECONDS WEST 320.52 FEET TO THE CENTERLINE OF HIGHLAND
AVENUE; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ON A
Page 5 of 11
CURVE TO THE LEFT AND HAVING A RADIUS OF 858.21 FEET AN ARC DISTANCE
OF 189.84 FEET (THE CHORD OF THE LAST DESCRIBED LINE BEARING NORTH 50
DEGREES 05 MINUTES 42 SECONDS WEST 189.46 FEET) TO A POINT OF
COMPOUND CURVE; THENCE NORTHWESTERLY ALONG SAID CENTERLINE,
BEING ON A CURVE TO THE LEFT AND HAVING A RADIUS OF 11,938.29 FEET AN
ARC DISTANCE OF 22.46 FEET (THE CHORD OF THE LAST DESCRIBED LINE
BEARING NORTH 56 DEGREES 29 MINUTES 10 SECONDS WEST 22.46 FEET);
THENCE NORTH 16 DEGREES 36 MINUTES 27 SECONDS EAST 251.27 FEET;
THENCE SOUTH 69 DEGREES 48 MINUTES 09 SECONDS EAST 195.00 FEET TO
THE POINT OF BEGINNING); IN THE TOWNSHIP OF PLATO, KANE COUNTY,
ILLINOIS.
PARCEL TWO: THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 35,
TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN
(EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE
WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER 665.29 FEET
SOUTH OF THE NORTHWEST CORNER OF THE EAST HALF OF SAID SOUTHWEST
QUARTER; THENCE SOUTHEASTERLY 1457.37 FEET TO A POINT ON THE EAST
LINE OF SAID SOUTHWEST QUARTER 1278.84 FEET SOUTH OF THE NORTHEAST
CORNER THEREOF (THIS COURSE HEREINAFTER REFERRED TO AS LINE "A");
THENCE SOUTH ALONG SAID EAST LINE 90.75 FEET TO A LINE DRAWN PARALLEL
WITH AND 82.5 FEET SOUTHWESTERLY OF, MEASURED AT RIGHT ANGLES
THERETO, SAID LINE "A"; THENCE NORTHWESTERLY ALONG SAID PARALLEL
LINE 1457.23 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST
QUARTER; THENCE NORTH ALONG SAID EAST LINE 90.82 FEET TO THE POINT OF
BEGINNING); IN THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS. ALSO:
THAT PART OF HIGHLAND AVENUE LYING SOUTH OF AND ADJACENT TO THE
ABOVE DESCRIBED TRACT A PARCEL ONE.
TRACT B: SITUATED IN PART OF THE SOUTHEAST AND NORTHEAST QUARTERS
OF SECTION 34, AND PART OF THE WEST HALF OF THE SOUTHWEST QUARTER
OF SECTION 35, BOTH IN TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD
PRINCIPAL MERIDIAN, TOWNSHIP OF RUTLAND, COUNTY OF KANE, STATE OF
ILLINOIS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT BEING THE INTERSECTION OF THE CENTERLINES OF
HIGHLAND AVENUE AND MCCORNACK ROAD; THENCE NORTH 23 DEGREES 45
MINUTES 11 SECONDS EAST (ASSUMED BEARING), ON AND ALONG THE
CENTERLINE OF MCCORNACK ROAD, A DISTANCE OF 1463.24 FEET TO A POINT
BEING THE INTERSECTION WITH THE SOUTH LINE OF THE NORTH 16 ACRES OF
THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 34; THENCE
NORTH 89 DEGREES 22 MINUTES 30 SECONDS EAST ON AND ALONG SAID
SOUTH LINE, A DISTANCE OF 1061.03 FEET TO A POINT BEING THE
INTERSECTION WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID
SECTION 34; THENCE NORTH 00 DEGREES 17 MINUTES 09 SECONDS WEST ON
AND ALONG SAID EAST LINE, A DISTANCE OF 497.38 FEET TO A POINT BEING 33
FEET SOUTH OF THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF
SAID SECTION 34; THENCE SOUTH 89 DEGREES 19 MINUTES 33 SECONDS WEST,
PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE
OF 33.00 FEET; THENCE NORTH 00 DEGREES 01 MINUTE 36 SECONDS EAST,
CROSSING THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF
181.50 FEET; THENCE NORTH 89 DEGREES 19 MINUTES 33 SECONDS EAST, A
Page 6 of 11
DISTANCE OF 33.00 FEET TO A POINT BEING THE INTERSECTION WITH THE EAST
LINE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE SOUTH 00
DEGREES 05 MINUTES 59 SECONDS WEST ON AND ALONG SAID EAST LINE, A
DISTANCE OF 148.50 FEET TO A POINT BEING THE INTERSECTION WITH THE
NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE
NORTH 89 DEGREES 35 MINUTES 30 SECONDS EAST ON AND ALONG SAID
NORTH LINE, A DISTANCE OF 1325.73 FEET TO A POINT BEING THE
INTERSECTION WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST
QUARTER OF SAID SECTION 35; THENCE SOUTH 00 DEGREES 12 MINUTES 17
SECONDS EAST ON AND ALONG SAID EAST LINE, A DISTANCE OF 2164.12 FEET
TO A POINT BEING THE INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND
481.64 FEET NORTH OF THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID
SECTION 35; THENCE SOUTH 89 DEGREES 39 MINUTES 42 SECONDS WEST ON
AND ALONG SAID PARALLEL LINE, A DISTANCE OF 1322.67 FEET TO A POINT
BEING THE INTERSECTION WITH THE WEST LINE OF SAID SOUTHWEST
QUARTER OF SECTION 35; THENCE NORTH 00 DEGREES 17 MINUTES 09
SECONDS WEST ON AND ALONG SAID LINE, A DISTANCE OF 417.53 FEET;
THENCE SOUTH 89 DEGREES 24 MINUTES 24 SECONDS WEST, A DISTANCE OF
1053.77 FEET; THENCE SOUTH 05 DEGREES 24 MINUTES 41 SECONDS EAST, A
DISTANCE OF 891.29 FEET TO A POINT BEING THE INTERSECTION WITH THE
CENTERLINE OF HIGHLAND AVENUE; THENCE ON AND ALONG SAID
CENTERLINE, BEING A 910.24 FOOT RADIUS CURVE TO THE RIGHT, A DISTANCE
OF 585.14 FEET TO THE POINT WHERE A CHORD BEARING NORTH 50 DEGREES
14 MINUTES 52 SECONDS WEST A DISTANCE OF 575.12 FEET SUBTENDS SAID
CURVE; THENCE CONTINUING ON AND ALONG SAID CENTERLINE NORTH 31
DEGREES 49 MINUTES 58 SECONDS WEST, A DISTANCE OF 463.93 FEET TO THE
POINT OF BEGINNING; EXCEPTING THEREFROM: A PARCEL BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEING AN 82 A CHORD 7.50 FEET WIDE
STRIP OF LAND CONVEYED SEPTEMBER 8, 1967 BY TRUSTEE'S DEED TO THE
NORTHERN ILLINOIS GAS COMPANY AND RECORDED SEPTEMBER 12, 1967 AS
DOCUMENT NO. 1097761 IN THE OFFICE OF THE RECORDER FOR SAID KANE
COUNTY; ALL SITUATED IN KANE COUNTY, ILLINOIS. ALSO: THAT PART OF
HIGHLAND AVENUE LYING SOUTH OF AND ADJACENT TO THE ABOVE
DESCRIBED TRACT B, AND THAT PART OF MCCORNACK ROAD LYING WESTERLY
OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT B.
TRACT C: THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH,
RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID
NORTHWEST QUARTER; THENCE WEST ALONG THE NORTH LINE OF SAID
NORTHWEST QUARTER 559.50 FEET TO THE CENTERLINE OF MCCORNACK
ROAD FOR THE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG SAID
NORTH LINE 422.54 FEET; THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH
LINE 200.0 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID
NORTHWEST QUARTER 150.54 FEET TO THE CENTERLINE OF MCCORNACK
ROAD; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING ALONG A
CURVE TO THE RIGHT HAVING A RADIUS OF 335.54 FEET, A DISTANCE OF 118.04
FEET; THENCE NORTH 57 DEGREES 10 MINUTES 13 SECONDS EAST ALONG SAID
CENTERLINE 221.40 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF
RUTLAND, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF MCCORNACK ROAD
Page 7 of 11
LYING NORTHWESTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT
C.
TRACT D: THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF
SECTION 34 AND THE NORTH 16 ACRES OF THE EAST HALF OF THE SOUTHEAST
QUARTER OF SAID SECTION 34, (EXCEPTING THEREFROM THAT PART OF THE
EAST HALF OF SAID SECTION 34, DESCRIBED AS FOLLOWS: BEGINNING AT THE
NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION;
THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 50 LINKS; THENCE
WEST 50 LINKS; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID
SECTION 2.75 CHAINS TO THE CENTERLINE OF THE ROAD; THENCE EAST 50
LINKS TO THE EAST LINE OF SAID SECTION; THENCE SOUTH ALONG SAID EAST
LINE TO THE POINT OF BEGINNING) AND (EXCEPT THAT PART LYING
SOUTHEASTERLY OF THE CENTERLINE OF MCCORNACK ROAD) ALL IN
TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN
THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF
MCCORNACK ROAD LYING SOUTHEASTERLY OF AND ADJACENT TO THE ABOVE
DESCRIBED TRACT D.
TRACT E: THAT PART OF THE SOUTHWEST QUARTER OF SECTION 26,
TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID
SOUTHWEST QUARTER; THENCE NORTH ALONG THE EAST LINE OF SAID
QUARTER SECTION 172.15 FEET TO THE CENTERLINE OF BIG TIMBER ROAD;
THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION 1300 FEET;
THENCE WEST ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 57 MINUTES
MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 717.69 FEET FOR
THE POINT OF BEGINNING; THENCE WEST ALONG THE EXTENSION OF THE LAST
DESCRIBED COURSE 280 FEET; THENCE SOUTH ALONG A LINE FORMING AN
ANGLE OF 90 DEGREES 03 MINUTES MEASURED CLOCKWISE FROM THE LAST
DESCRIBED COURSE 456.17 FEET TO THE CENTERLINE OF SAID BIG TIMBER
ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE 1114.17 FEET TO
THE CENTERLINE EXTENDED NORTHEASTERLY OF MCCORNACK ROAD; THENCE
SOUTHWESTERLY ALONG THE EXTENSION OF THE CENTERLINE OF SAID
MCCORNACK ROAD 512.4 FEET TO THE SOUTH LINE OF SAID SOUTHWEST
QUARTER; THENCE WEST ALONG SAID SOUTH LINE 2081.5 FEET TO THE
SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG
THE WEST LINE OF SAID QUARTER SECTION 2642 FEET TO THE NORTHWEST
CORNER OF SAID SOUTHWEST QUARTER; THENCE EAST ALONG THE NORTH
LINE OF SAID QUARTER SECTION 2381.4 FEET TO A POINT 255.75 FEET WEST OF
THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH
PARALLEL WITH THE EAST LINE OF SAID QUARTER SECTION 72.5 FEET; THENCE
SOUTHWESTERLY 1181.74 FEET TO THE POINT OF BEGINNING (EXCEPTING
THEREFROM THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 89 DEGREES
45 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF SAID QUARTER,
559.2 FEET TO THE CENTERLINE OF MCCORNACK ROAD PER DOCUMENT NO.
1850963 FOR THE PLACE OF BEGINNING; THENCE SOUTH 89 DEGREES 45
MINUTES 38 SECONDS WEST ALONG SAID SOUTH LINE 442.54 FEET; THENCE
NORTH 14 DEGREES 22 MINUTES WEST PERPENDICULAR TO THE LAST
DESCRIBED COURSE 313.33 FEET; THENCE NORTH 89 DEGREES 45 MINUTES 38
Page 8 of 11
SECONDS EAST PERPENDICULAR TO THE LAST DESCRIBED COURSE 283.75
FEET; THENCE SOUTH 43 DEGREES 12 MINUTES 35 SECONDS EAST 144.21 FEET;
THENCE SOUTH 28 DEGREES 17 MINUTES 37 SECONDS EAST 208.23 FEET TO
THE CENTERLINE OF SAID MCCORNACK ROAD; THENCE SOUTH 54 DEGREES 07
MINUTES 38 SECONDS WEST ALONG SAID CENTERLINE 167.58 FEET TO THE
PLACE OF BEGINNING); ALSO EXCEPTING THEREFROM THAT PART THEREOF
DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID
SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS
WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF
981.74 FEET; THENCE NORTH 00 DEGREES 14 MINUTES 22 SECONDS WEST
PERPENDICULAR TO THE LAST DESCRIBED COURSE A DISTANCE OF 313.33
FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 45 MINUTES
38 SECONDS EAST PERPENDICULAR TO THE LAST DESCRIBED COURSE A
DISTANCE OF 283.75 FEET; THENCE SOUTH 43 DEGREES 12 MINUTES 35
SECONDS EAST A DISTANCE OF 144.21 FEET; THENCE SOUTH 58 DEGREES 17
MINUTES 37 SECONDS EAST A DISTANCE OF 208.23 FEET TO THE CENTERLINE
OF MCCORNACK ROAD PER DEED RECORDED AS DOCUMENT NO. 1859063;
THENCE NORTH 54 DEGREES 07 MINUTES 38 SECONDS EAST ALONG SAID
CENTERLINE A DISTANCE OF 344.85 FEET TO THE CENTERLINE OF BIG TIMBER
ROAD PER KANE COUNTY HIGHWAY DEPARTMENT MAP OF S.A. ROUTE 7 - ELGIN
SHEET NO. 4; THENCE NORTH 49 DEGREES 03 MINUTES 06 SECONDS WEST
ALONG SAID CENTERLINE A DISTANCE OF 65.67 FEET; THENCE
NORTHWESTERLY ALONG SAID CENTERLINE, BEING A CURVE TO THE LEFT,
HAVING A RADIUS OF 28,647.80 FEET, TANGENT TO THE LAST DESCRIBED
COURSE, AN ARC DISTANCE OF 658.92 FEET TO A LINE THAT BEARS NORTH 32
DEGREES 04 MINUTES 14 SECONDS EAST FROM THE POINT OF BEGINNING;
THENCE SOUTH 32 DEGREES 04 MINUTES 14 SECONDS WEST ALONG SAID LINE
A DISTANCE OF 540.29 FEET TO THE POINT OF BEGINNING (EXCEPTING
THEREFROM THAT PART THEREOF LYING NORTHEASTERLY OF THE
NORTHEAST LINE OF BIG TIMBER ROAD); IN THE TOWNSHIP OF RUTLAND, KANE
COUNTY, ILLINOIS. ALSO: THAT PART OF BIG TIMBER ROAD LYING
NORTHEASTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT E.
TRACT F: PARCEL ONE: THAT PART OF THE SOUTHEAST QUARTER OF SECTION
27, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE
SOUTHEAST QUARTER OF SAID SECTION 27; THENCE NORTH 89 DEGREES 38
MINUTES 28 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHEAST
QUARTER A DISTANCE OF 433.30 FEET TO THE CENTERLINE OF DAMISCH ROAD
PER DOCUMENT NO. 290939 RECORDED APRIL 28, 1927 IN BOOK 831, PAGE 105;
THENCE SOUTH 38 DEGREES 51 MINUTES 35 SECONDS WEST ALONG SAID
CENTERLINE A DISTANCE OF 127.77 FEET; THENCE SOUTHERLY ALONG SAID
CENTERLINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3183.23
FEET AND TANGENT TO THE LAST DESCRIBED COURSE, A DISTANCE OF 48.70
FEET TO THE CENTERLINE OF THE OLD HIGHWAY AS IT EXISTED PRIOR TO APRIL
28, 1927 FOR THE POINT OF BEGINNING; THENCE SOUTH 51 DEGREES 27
MINUTES 16 SECONDS WEST ALONG SAID CENTERLINE OF THE OLD HIGHWAY A
DISTANCE OF 410.15 FEET TO AN ANGLE IN SAID CENTERLINE; THENCE SOUTH
06 DEGREES 19 MINUTES 39 SECONDS WEST ALONG SAID CENTERLINE OF THE
OLD HIGHWAY A DISTANCE OF 4.15 FEET TO THE WEST LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 27; THENCE SOUTH 0 DEGREES 14 MINUTES 07
Page 9 of 1 I
SECONDS WEST ALONG SAID WEST LINE A DISTANCE OF 240.49 FEET TO THE
CENTERLINE OF DAMISCH ROAD PER DOCUMENT NO. 290946 RECORDED APRIL
28, 1927 IN BOOK 831, PAGE 91; THENCE NORTHEASTERLY ALONG SAID
CENTERLINE OF DAMISCH ROAD, BEING ALONG A CURVE TO THE RIGHT HAVING
A RADIUS OF 3181.23 FEET AND A CHORD BEARING OF NORTH 32 DEGREES 37
MINUTES 49 SECONDS EAST AN ARC DISTANCE OF 594.79 FEET TO THE POINT
OF BEGINNING, EXCEPT ANY PART IN LYNCH-MOORE SUBDIVISION UNIT 2,
BEING SITUATED IN RUTLAND TOWNSHIP, KANE COUNTY, ILLINOIS.
PARCEL TWO: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 27,
TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING
EASTERLY OF THE CENTERLINE OF A PUBLIC HIGHWAY KNOWN AS DAMISCH
ROAD AS ESTABLISHED BY INSTRUMENT DATED FEBRUARY 18, 1927 AND
RECORDED APRIL 28, 1927 IN BOOK 831, PAGE 105 AS DOCUMENT NO. 290939,
(EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 27;
THENCE NORTH 89 DEGREES 38 MINUTES 28 SECONDS EAST ALONG THE SOUTH
LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 433.30 FEET TO THE
CENTERLINE OF DAMISCH ROAD PER DOCUMENT NO. 290939 RECORDED APRIL
28, 1927 IN BOOK 831 PAGE 105 FOR THE POINT OF BEGINNING; THENCE NORTH
38 DEGREES 51 MINUTES 35 SECONDS EAST ALONG SAID CENTERLINE A
DISTANCE OF 109.80 FEET; THENCE SOUTHEASTERLY A DISTANCE OF 198.40
FEET TO A POINT THAT IS 31.70 FEET NORTHERLY OF A POINT HEREINAFTER
REFERRED TO AS POINT "A" ON THE SAID SOUTH LINE OF THE NORTHEAST
QUARTER THAT IS 263.90 FEET, AS MEASURED ALONG SAID SOUTH LINE, EAST
OF THE POINT OF BEGINNING; THENCE SOUTH 06 DEGREES 35 MINUTES 22
SECONDS EAST ALONG A LINE THAT PASSES THROUGH POINT "A", A DISTANCE
OF 36.05 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 28 SECONDS EAST
PARALLEL WITH THE SAID SOUTH LINE OF THE NORTHEAST QUARTER A
DISTANCE OF 129.53 FEET; THENCE SOUTH 00 DEGREES 21 MINUTES 32
SECONDS EAST PERPENDICULAR TO THE SAID SOUTH LINE OF THE NORTHEAST
QUARTER A DISTANCE OF 268.19 FEET; THENCE SOUTH 76 DEGREES 18
MINUTES 42 SECONDS WEST A DISTANCE OF 350.92 FEET; THENCE NORTH 21
DEGREES 39 MINUTES 38 SECONDS WEST A DISTANCE OF 46.19 FEET; THENCE
SOUTH 60 DEGREES 16 MINUTES 07 SECONDS WEST A DISTANCE OF 58.21 FEET;
THENCE NORTH 26 DEGREES 53 MINUTES 29 SECONDS WEST A DISTANCE OF
221.74 FEET TO SAID CENTERLINE OF DAMISCH ROAD; THENCE
NORTHEASTERLY ALONG SAID CENTERLINE BEING ON A CURVE TO THE RIGHT,
HAVING A RADIUS OF 3183.23 FEET AND A CHORD BEARING OF NORTH 38
DEGREES 22 MINUTES 48 SECONDS EAST AN ARC DISTANCE OF 53.30 FEET;
THENCE NORTH 38 DEGREES 51 MINUTES 35 SECONDS EAST ALONG SAID
CENTERLINE A DISTANCE OF 127.77 FEET TO THE POINT OF BEGINNING) (AND
ALSO EXCEPTING THEREFROM THAT PART THEREOF LYING NORTHEASTERLY
OF THE NORTHEAST LINE OF BIG TIMBER ROAD); IN RUTLAND TOWNSHIP, KANE
COUNTY, ILLINOIS. ALSO: THAT PART OF DAMISCH ROAD LYING
NORTHWESTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT F
PARCEL TWO.
TRACT G: PARCEL ONE: LOTS 3, 4, 5, 6, 7 AND 8 OF EDWARD A. KVAVLI'S
SUBDIVISION OF PARTS OF THE SOUTHEAST QUARTER OF SECTION 34,
TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND
Page 10 of 11
THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 41 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIPS OF PLATO AND
RUTLAND, KANE COUNTY, ILLINOIS.
PARCEL TWO: THAT PART OF THE WEST HALF OF SECTION 1 AND PART OF
THE EAST HALF OF SECTION 2, ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST
OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE SOUTHEAST
QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 1;
THENCE NORTH 89 DEGREES 8 MINUTES EAST ALONG THE NORTH LINE OF
SAID SOUTHWEST QUARTER, 400.5 FEET; THENCE NORTH 21 DEGREES 54
MINUTES EAST 578.9 FEET TO THE CENTERLINE OF A ROAD FOR THE POINT
OF BEGINNING; THENCE SOUTH 21 DEGREES 54 MINUTES WEST 803.6 FEET
TO THE NORTHERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO,
MILWAUKEE AND ST. PAUL RAILROAD COMPANY; THENCE NORTH 76
DEGREES 58 MINUTES WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE
TO THE EAST LINE OF SAID SECTION 2; THENCE SOUTH ALONG SAID EAST
LINE TO A POINT 15.12 CHAINS NORTH OF THE SOUTHEAST CORNER OF SAID
SECTION 2; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID
SECTION 2, 28.36 CHAINS; THENCE NORTH 8 DEGREES WEST 40.31 CHAINS
TO THE NORTH LINE OF SAID SECTION 2; THENCE EAST ALONG SAID NORTH
LINE TO THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID
SECTION 34; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHEAST
QUARTER, 398.64 FEET; THENCE NORTH 75 DEGREES 30 MINUTES EAST
ALONG A LINE WHICH IF EXTENDED WOULD INTERSECT THE NORTHWEST
CORNER OF LOT 1 OF EDWARD A. KVAVLI'S SUBDIVISION, 621.71 FEET TO A
POINT 225 FEET SOUTHWESTERLY OF THE NORTHWEST CORNER OF SAID
LOT 1; THENCE SOUTH 30 DEGREES 25 MINUTES EAST PARALLEL WITH THE
WESTERLY LINE OF SAID SUBDIVISION 257.03 FEET; THENCE NORTH 75
DEGREES 30 MINUTES EAST PARALLEL WITH THE NORTHERLY LINE
EXTENDED WESTERLY OF SAID LOT 1, A DISTANCE OF 225 FEET TO THE
SOUTHWEST CORNER OF LOT 2 OF SAID SUBDIVISION; THENCE SOUTH 30
DEGREES 25 MINUTES EAST ALONG THE WESTERLY LINE OF SAID
SUBDIVISION 153.75 FEET, THENCE SOUTHEASTERLY ALONG THE WESTERLY
LINE OF SAID SUBDIVISION BEING ALONG A CURVE TO THE LEFT HAVING A
RADIUS OF 1142.92 FEET, A DISTANCE OF 574 FEET TO THE SOUTHWEST
CORNER OF SAID SUBDIVISION; THENCE NORTH 38 DEGREES 39 MINUTES
EAST ALONG THE SOUTHEASTERLY LINE OF SAID SUBDIVISION TO THE
CENTERLINE OF THE ROAD AFORESAID; THENCE SOUTHEASTERLY ALONG
SAID CENTERLINE TO THE POINT OF BEGINNING (EXCEPT THE RIGHT OF WAY
OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD COMPANY AND
EXCEPT THAT PART CONVEYED TO THE CHICAGO AND PACIFIC RAILROAD
COMPANY (NOW THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD
COMPANY) BY DEED DATED JANUARY 7, 1893 AND RECORDED JANUARY 14,
1893 IN BOOK 321, PAGE 419 AS DOCUMENT 939) IN THE TOWNSHIPS OF
PLATO AND RUTLAND, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF
HIGHLAND AVENUE LYING NORTHEASTERLY OF AND ADJACENT TO THE
ABOVE DESCRIBED TRACT G PARCELS ONE AND TWO.
Page 11 of 11