91-1023 Elgin Development Corporation RESOLUTION
AUTHORIZING EXECUTION OF AN AGREEMENT WITH
ELGIN DEVELOPMENT CORPORATION FOR TRANSFER OF CERTAIN INTEREST
IN THE FARM COLONY
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
ILLINOIS, that George VanDeVoorde, Mayor, be and is hereby
authorized and directed to execute an agreement on behalf of
the City of Elgin with the Elgin Development Corporation for
the transfer of certain interest in the Farm Colony, a copy of_
which is attached hereto and made a part hereof by reference.
s/ George VanDeVoorde
George VanDeVoorde, Mayor
Presented: October 23, 1991
Adopted: October 23, 1991
Vote: Yeas 7 Nays 0
Recorded:
Attest: `
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
AGREEMENT BETWEEN THE CITY OF ELGIN
AND THE ELGIN DEVELOPMENT CORPORATION
THIS AGREEMENT is entered into this jg3jday of October
1991, by and between the City of Elgin, an Illinois municipal
corporation ( "the City" ) , and the Elgin Development Corporation,
an Illinois not for profit corporation ( "EDC" ) , and the parties
represent and agree as follows:
WHEREAS, EDC is the legal owner of a parcel of real
estate consisting of approximately one hundred twenty-eight acres
( 128) and legally described in Exhibit A ( "the Farm Colony" ) ;
WHEREAS, EDC desires to develop the Farm Colony for
office and/or industrial uses;
WHEREAS, the City has determined that the development
of the Farm Colony as proposed by EDC will benefit the City in
that such use of the Farm Colony will increase the property tax
base within the City and may increase the employment
opportunities within the City;
WHEREAS, the Illinois Department of Transportation
( "IDOT" ) currently occupies a portion of the Farm Colony
described in Exhibit B ( "the Farm Colony/IDOT Property" ) ;
WHEREAS, the City desires to purchase a certain parcel
of real estate consisting of approximately five (5) acres owned
by Leo Leichter, or his designee, and legally described in
Exhibit C ( "the Leichter Property" ) at the price of five hundred
twenty-eight thousand five hundred and no/100 dollars
($528,500 . 00) for use as a water storage facility for the City
and for IDOT's use as a replacement for the Farm Colony/IDOT
Property;
WHEREAS, EDC has determined that the development of the
Farm Colony will require the vacation by IDOT of the Farm
Colony/IDOT Property; and
WHEREAS, the City has entered into an agreement with
IDOT dated September 24, 1991, ( "City/IDOT Agreement" ) whereby
IDOT agrees to convey by quit claim deed whatever interest IDOT
may have in the Farm Colony/IDOT Property to the City and vacate
its possession of the Farm Colony/IDOT Property in consideration
of the City taking certain actions .
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the City and EDC agree as follows:
1. EDC shall provide to the City for acquiring the
Leichter Property the sum of five hundred twenty-eight thousand
five hundred and no/100 dollars ($528,500 . 00) at or prior to the
- 1 -
closing of the City's purchase of the Leichter Property. The
City agrees to give EDC at least fourteen ( 14) days ' notice of
the proposed closing date. Unless otherwise waived, notice shall
be given by first class mail or facsimile to EDC in care of
Attorney Raymond F. Dalton, Jr. , 1130 North McLean Boulevard,
Elgin, Illinois, facsimile at (708) 695-4106 . In the case of
mailing, notice shall be deemed given on the second day following
the deposit with the United States postal system. In the case of
facsimile notice, notice shall be deemed given on the date of
transmission provided such transmission is confirmed as received.
2 . Upon receipt by the City of the IDOT quit claim
deed, the City shall immediately convey to EDC by its quit claim
deed in recordable form any interest the City may acquire from
IDOT in the Farm Colony/IDOT Property. The City shall not be
required to provide a title insurance commitment or plat of
survey with its quit claim deed.
3 . The aforementioned quit claim deed from IDOT shall
be sufficient in form and substance to cause Chicago Title
Insurance Company to waive its title exception dealing with
IDOT's possession of the Farm Colony/IDOT Property on Chicago
Title Insurance Company's title commitment covering the Farm
Colony.
4 . The City represents that the City/IDOT Agreement,
a copy of which is attached hereto as Exhibit D, provides that
the City undertake certain obligations in consideration for the
release and vacation of IDOT's interest in the Farm Colony/IDOT
Property.
The City further represents that under the City/IDOT
Agreement, IDOT may retain possession of the Farm Colony/IDOT
Property until May 1, 1992 . The City acknowledges that the
vacation of the IDOT/Farm Colony Property by IDOT is dependent
upon performance of the terms and conditions of the City/IDOT
Agreement by the City. As EDC's development of the Farm Colony
may be affected by IDOT's surrender of possession of the Farm
Colony/IDOT Property, the City agrees, in the event IDOT fails to
vacate the Farm Colony/IDOT Property, to exercise its rights
under the City/IDOT Agreement, including bringing suit for
specific performance of the City/IDOT Agreement, to cause IDOT to
surrender possession as provided in the City/IDOT Agreement.
5 . The City and EDC have entered into a separate
agreement dated September 20, 1991, entitled "Agreement Between
the City of Elgin and the Elgin Development Corporation Relating
to the Construction of Certain Public Improvements on the Farm
Colony, Elgin, Illinois" ( "Farm Colony Public Improvements
Agreement" ) . Under the terms of the Farm Colony Public
Improvements Agreement, EDC must either consent to the
establishment of a special assessment tax district or convey to
the City certain right of way for the extension of Bowes Road on
or before December 31, 1991. The City represents that the
- 2 -
IDOT/Farm Colony Property is not located within the proposed
right of way for the Bowes Road extension through the Farm
Colony, as shown on the proposed preliminary plat of subdivision
of the Fox Bluff Industrial Park, dated July 31, 1991, filed by
EDC with the City.
6 . In the event the City fails to convey the Farm
Colony/IDOT Property to EDC by December 31, 1991, the City shall
reimburse to the EDC the sum of five hundred twenty-eight
thousand five hundred and no/100 dollars ($528 ,500 .00) plus
interest at the so-called prime rate plus one percent ( 1%) , which
represents the interest being charged to EDC by its commercial
lender on the funds used to acquire the Leichter Property, from
the date EDC provides such funds to the City until the date
repaid by the City to EDC, except that in no case shall the
interest rate paid by the City to EDC exceed nine percent ( 9%)
per annum. Such repayment shall be made to EDC prior to March 1,
1991 .
7 . This agreement shall supersede any other agreement
between the parties hereto with respect to the subject matter
hereof .
IN WITNESS WHEREOF, the parties hereto have entered
into this agreement the day and year above written.
ELGIN DEVELOPMENT CORPORATION CITY OF ELGIN
:
B Y
Its: Press nt Its: yor
a:\cityl.agr
10/16/91
- 3 -
EXHIBIT A
Lcgal Description of "the farm Colony"
That part of Section 27 , Township 41 North, Range 8 East of the
Third Principal Meridian, described as follows : Beginning at the
North East corner of the South 1/2 of the North East 1/4 of said
Section 27 ; thence Southerly along the East line of the North
East 1/4 of Section 27 , 1331. 6 feet to the East 1/4 corner of
Section 27 ; thence Southerly along the East line of the South
East 1/4 of Section 27 , 495 feet; thence Westerly parallel with
the North line of the South East 1/4 of said Section 27 , 2620
feet to the North and South Center line of said Section 27 ;
thence Northerly along said North and South center line of
Section 27 , 161. 9 feet to a point 333 . 1 feet South of the center
of said Section 27 ; thence Westerly parallel with the North line
of the South West 1/4 of Section 27 , 954 . 5 feet to the center
line of McLean Boulevard (State Aid Route 10) ; thence Northerly
along said center line, being along a curve to the left, an arc
distance of 099 . 05 feet; thence Northerly along said center line,
being tangent to the last described curve, a distance of 653 .09
feet; thence Northerly along said center line, being along a line
that forms an angle of 00 degrees, 02 minutes , 0 seconds to the
right with the prolongation of the last described course, 100
feet to the North line of the South East 1/4 of the North West
1/4 of said Section 27 ; ,thence Easterly along the North line of
the South East 1/4 of the North West 1/4 , 037 .5 feet to the North
West corner of the South 1/2 of the North East 1/4 of said
Section 27 ; thence Easterly along the North line of the South 1/2
of said North East 1/4 , 2637 . 10 feat to the point of beginning;
in the City of Elgin, Kane County, Illinois ; except
THAT PART OF TIIE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF
SECTION 27 , TOWNSIIIP 41 NORTII, RANGE 0 EAST OF TIIE THIRD PRINCIPAL
MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF
THE SAID SOUTHEAST QUARTER OF TILE NORTHEAST QUARTER OF SECTION 27;
TIIENCE SOUTH 07 DEGREES 55 MINUTES 52 SECONDS WEST, ALONG THE NORTH LINE
OF TILE SAID SOUTHEAST QUARTER OF TIIE. NORTHEAST QUARTER, A DISTANCE OF
1180 .00 FEET; THENCE SOUTH 02 DEGREES 04 MINUTES 00 SECONDS EAST,
PERPENDICULAR TO TILE LAST DESCRIBED COURSE, A DISTANCE OF 596.29 FEET;
THENCE SOUTH 50 DEGREES 46 MINUTES 57 SECONDS EAST, A DISTANCE -OF 418. 91
FEET; TIIENCE NORTH 39 DEGREES 13 MINUTES 03 SECONDS EAST, PERPENDICULAR
TO THE LAST DESCRIBED COURSE, A DISTANCE OF 413 .72 FEET; TIIENCE
NORTIIEASTERLY, ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED
COURSE, HAVING A RADIUS OF 760. 00 FEET, AN ARC DISTANCE OF 666.77 FEET;
THENCE NORT11 89 DEGREES 29 MINUTES 06 SECONDS EAST, TANGENT TO THE LAST
DESCRIBED CURVE, A DISTANCE OF 2 . 37 FEET TO T11E EAST LINE OF THE SAID
SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 27; THENCE NORTH
00 DEGREES 54 MINUTES 05 SECONDS WEST, ALONG TILE SAID EAST LINE, A
DISTANCE OF 303 . 69 FEET TO T1IE POINT OF BEGINNING. BEING SITUATED IN
TIIE CITY OF ELGIN, KANE COUNTY, ILLINOIS AND CONTAINING 15. 00 ACRES MORE
OR LESS.
EXHIBIT B
Legal description of ".the Farm Colony/IDOT Property"
That part of the Southwest Quarter of the Northeast Quarter of
Section 27 , Township 41 North, Range 8 East of the Third
Principal Meridian described as follows :
Commencing at the Northwest corner of the Southwest Quarter of
the Northeast Quarter of Section 27 Township and Range aforesaid;
thence South along the North South centerline of laid Section 27,
a distance of 542 .50 feet; thence East along a line that forms an
angle of 860 13 ' 34 " to the left with the prolongation of the
last described course, a distance of 364 . 34 feet for the place of
beginning; thence continuing East along the prolongation of the
last described course, a distance of 449 .76 feet to a point;
thence South at right angles to the last described course, a
distance of 339 .75 feet to a point; thence West along a line that
forms an angle of 870 39 ' 10 " to the right with the prolongation
of the last described course a distance of 426 .54 feet; thence
North parallel with the North and South centerline of Section 27
along a line that forms an angle of 88° 34 , 24 " to the right with
the prolongation of the last described course, a distance of
358 . 00 feet to the place of beginning. All the above situated in
Elgin Township, Kane County, Illinois and containing 3 . 506 Acres
more or less .
EXHIBIT C
Legal Description of "Leichter Property"
Parcel One
THAT PART OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 41 NORTH,
RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHWEST QUARTER OF SECTION
20; THENCE NORTH 88 DEGREES 17 MINUTES 55 SECONDS EAST (AN ASSUMED
BEARING) , ALONG THE NORTII LINE OF SAID NORTHWEST QUARTER, A DISTANCE OF
1795 . 93 FEET (RECORD BEING 1603 . 07 FEET) TO TIIE EASTERLY LINE OF PUBLIC
SERVICE COMPANY RIGIIT OF WAY CONVEYED BY DOCUMENT NO. 93738138, AS
MONUMENTED; THENCE SOUTH 04 DEGREES 10 MINUTES 02 SECONDS WEST, A
DISTANCE OF 142 . 69 FEET (RECORD BEING SOUTH 04 DEGREES 19 MINUTES WEST,
139 . 40 FEET) TO THE SOUTHERLY RIGHT OF WAY LINE OF STATE ROUTE NO. 19 AS
DEDICATED BY DOCUMENT NO. 11200329 ; TIIENCE NORTH 03 DECREES 07 MINUTES
47 SECONDS EAST, ALONG SAID SOUTHERLY RIGIIT OF WAY LINE, A DISTANCE OF
215 . 95 FEET (RECORD BEING NORTH 63 DEGREES 10 MINUTES EAST, 216 . 20
FEET) ; TIIENCE EASTERLY, ALONG THE SAID SOUTHERLY RIGIIT OF WAY LINE BEING
ALONG A CURVE TO TIIE RIGIIT, TANGENT TO THE LAST DESCRIBED COURSE, RAVING
A RADIUS OF 2864 . 93 FEET, AN ARC DISTANCE OF 253 . 18 FEET; TIIENCE SOUTH
06 DEGREES 55 MINUTES 05 SECONDS WEST (RECORD BEING SOUTH 06 DEGREES 59
MINUTES WEST) , ALONG A LINE THAT IS 346 . 60 FEET, MEASURED ALONG THE
SOUTH LINE OF LOT C AS SHOWN ON TIIE PLAT FILED WITII THE COMMISSIONERS
REPORT IN PARTITION CASE NO. 19700 OF TIIE CIRCUIT COURT OF COOK COUNTY,
ILLINOIS, EASTERLY OF TIIE SAID EASTERLY LINE OF PUBLIC SERVICE COMPANY
RIGHT OF WAY PER DOCUMENT NO. 9373888 , A DISTANCE OF 1449 . 68 FEET TO A
POINT ON SAID LINE THAT IS 253 . 00 FEET, MEASURED ALONG SAID LINE,
NORTHERLY OF THE NORTHEAST CORNER OF LAND CONVEYED TO ELGIN MIDLAND
CORPORATION BY DOCUMENT NO. 19807724 , FOR THE POINT OF BEGINNING; TIIENCE
CONTINUING SOUTH 06 DEGREES 55 MINUTES 05 SECONDS WEST, ALONG SAID LINE,
A DISTANCE OF 253 . 00 FEET TO THE SAID NORTHEAST CORNER OF DOCUMENT NO.
19807724 ; THENCE NORTH 92 DEGREES 53 MINUTES 42 SECONDS WEST, ALONG THE
NORTHERLY LINE OF SAID DOCUMENT NO. 19807724 , A DISTANCE OF 343 . 63 FEET
(RECORD BEING 344 . 08 FEET) TO THE NORTHWEST CORNER OF SAID DOCUMENT NO.
19807724 , BEING ON TIIE EASTERLY LINE OF LAND CONVEYED TO COMMONWEALTH
EDISON COMPANY DY DOCUMENT NO. 18682755 ; THENCE NORTH 04 DEGREES 15
MINUTES 36 SECONDS EAST, ALONG SAID EASTERLY LINE OF DOCUMENT NO.
18662755, A DISTANCE OF 460 . 70 FEET; TIIENCE SOUTH 82 DEGREES 53 MINUTES
42 SECONDS EAST, PARALLEL WITH TIIE SAID NORTHERLY LINE OF DOCUMENT NO.
19807724 , A DISTANCE OF 50 . 06 FEET TO A LINE THAT IS 50 . 00 FEET,
MEASURED PERPENDICULAR, EASTERLY -OF AND PARALLEL WITH THE SAID EASTERLY
LINE OF DOCUMENT NO. 18682755 ; THENCE SOUTH 04 DEGREES 15 MINUTES 36
SECONDS WEST, ALONG SAID PARALLEL LINE, A DISTANCE OF 207 . 39 FEET TO A
LINE THAT IS PARALLEL WITII THE SAID NORTHERLY LINE OF DOCUMENT NO.
19807724 AND P.SSES THROUGH THE POINT OF DEGINNING; TIIENCE SOUTH 82
DEGREES 53 MINUTES 42 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE
OF 305 . 32 FEET TO THE POINT OF BEGINNING. BEING SITUATED IN HANOVER
TOWNSHIP, COOK COUNTY, ILLINOIS AND CONTAINING 2 . 26 ACRES MORE OR LESS.
EXHIBIT C
Legal Description of "Leichter Property"
Parcel Two
TILAT PART OF TILE NORTHWEST QUARTER OF SECTION 20, TOWNSIIIP 41 NORTII,
RANGE 9 EAST OF TIIE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
COMMENCING AT TIIE NORT1WEST CORNER OF SAID NORTHWEST QUARTER OF SECTION
20; TIIENCE NORTH 60 DEGREES 17 MINUTES 55 SECONDS EAST (AN ASSUMED
BEARING) , ALONG TIIE NORTII LINE OF SAID NORTHWEST QUARTER, A DISTANCE Or
1795 . 93 FEET (RECORD BEING 1003 . 07 FEET) TO TIIE EASTERLY LINE OF PUBLIC
SERVICE COMPANY RIGHT OF WAY CONVEYED BY DOCUMENT NO. 9373000, AS
MONUMENTED; TIIENCE SOUTII 04 DEGREES 10 MINUTES 02 SECONDS WEST, A
DISTANCE OF 142 . G9 PEET (RECORD BEING SOUTII 04 DEGREES 19 MINUTES WEST,
139 .40 PEET) TO THE SOUTIIERLY RIGHT OF WAY LINE OF STATE ROUTE NO. 19• ALT
DEDICATED BY DOCUMENT NO. 11200329 ;' TIIENCE NORTH 83 DEGREES 07 MINUTES
47 SECONDS EAST, ALONG SAID SOUTHERLY RIGHT OF WAY LINE, A DISTANCE OF
215. 95 PEET (RECORD 'DEING NORTII 03 DEGREES 10 14INUTES EAST, 216 .20
FEET) ; TIIENCE EASTERLY, ALONG THE SAID SOUTIIERLY RIGHT OF WAY LINE BEING
ALONG A CURVE TO TIIE RIGIIT, TANGENT TO TIIE LAST DESCRIBED COURSE, RAVING
A RADIUS OF 20G4 . 93 FEET, AN ARC DISTANCE OF 253 . 10 PEET; THENCE SOUTH
OG DEGREES 55 MINUTES 05 SECONDS WEST (RECORD BEING SOUTH OG DEGREES 59
MINUTES WEST) , ALONG A LINE TIIAT IS 34G . GO PEET, MEASURED ALONG TIIE
SOUTII LINE OF LOT C AS SHOWN ON TIIE PLAT FILED WITII TIIE COMMISSIONERS
REPORT IN .PARTITION CASE NO. 19700 OF TIIE CIRCUIT COURT OF COOK COUNTY,
ILLINOIS, EASTERLY OF TIIE SAID EASTERLY LINE OF PUBLIC SERVICE COMPANY
RIGIIT OF WAY PER DOCUMENT NO. 9373000, A DISTANCE OF 1032 . 60 PEET TO A
POINT ON SAID LINE TILAT IS 670 . 00 PEET, MEASURED ALONG SAID LINE,
NORTHERLY OF TIIE NORTHEAST CORNER OF LAND CONVEYED TO ELGIN MIDLAND
CORPORATION BY DOCUMENT NO. 19007724 , FOR TIIE POINT OP BEGINNING; TIIENCE
CONTINUING SOUTH OG DEGREES 55 MINUTES 05 SECONDS WEST, ALONG SAID LINE,
A DISTANCE OF 417 . 00 FEET TO A POINT TIIAT 13 253 . 00 FEET, 1EASURED ALONG
SAID LINE, NORTHERLY OF TIIE SAID NORTHEAST CORNER OF DOCUMENT NO.
�� 19007724 ; TIIENCE NORTIi�II2 DEGREES 53 MINUTES 42 SECONDS WEST, PARALLEL
WITII TIIE NORTHERLY 'LINE OP SAID DOCUMENT NO. 19007724, A DISTANCE OF
305 .32 PEET TO A LINE TIIAT IS 50 . 00 FEET, MEASURED PERPENDICULAR,
EASTERLY OF AND PARALLEL WITII TIIE LAND CONVEYED TO C014MONWEALTII EDISON
C014PANY BY DOCUMENT NO. 10 G 0 2 7 5 5 ; TIIENCE NORTII 04 DEGREES 15 14INUTES 3G
SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE OF 417 .51 FEET TO A
LINE TILAT 13 PARALLEL WITII TIIE SAID NORTIIERLY LINE OF DOCUMENT NO.
19007724 AND PASSES TIIROUGII TIIE POINT OP BEGINNING; TIIENCE SOUTII 02
DEGREES 53 MINUTES 42 SECONDS EAST, ALONG SAID PARALLEL LINE, A DISTANCE
OF 324 . GO PEET TO TIIE POINT OF BEGINNING. . BEING SITUATED IN ILANOVER
TOWNSIIIP, COOK COUNTY, ILLINOIS AND CONTAINING 3 . 01 ACRES - MORE OR LESS.
EXHIBIT C
Legal Description of "Leichter Property"
Parcel Three
`11INT PART OF TILE NORTHWEST.' QUARTER OF SECTION 20, TOWNSIIIP
41 NORTH, RANGE 9 LAST OF TILE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS : COMMENCING AT TIIE NORTIWEST CORNER OF SAID NORTHWEST QUARTER OF
SECTION 20 ; 'THENCE NORTH 00 DEGREES 17 MINUTES 55 SECONDS LAST (AN
ASSUI4ED BEARING) , ALONG TILE NORTIL LINE OF SAID NORTHWEST QUARTER, A
DISTANCE . OP. 1795 . 93 FEET (RECORD BEING 1003 . 07 FEET) TO TILE EASTERLY
LINE OP PUBLIC SERVICE CO24PANY RIGHT OF WAY CONVEYED .DY DOCUMENT NO.
9373000, AS MONUMENTED; THENCE SOUTH 04 DEGRL'ES 10 MINUTES 02 SECONDS
WEST, A DISTANCE OF 142 . 69 FEET (RECORD BEING SOUTII 04 DEGREES 19
MINUTES WEST, 139 . 40 PEET) TO TIIE SOUTHERLY RIGID.' OF WAY LINE OF STATE
ROUTE NO. 19 AS DEDICATED DY DOCUMENT NO. 11200329 ; TIIENCE NORTH 03
DEGREEA 07 MINUTES 47 SECONDS EAST, ALONG LAID SOUTIIERLY RIGILT OF WAY
LINE, A DISTANCE OF 215 . 95 FEET (RECORD BEING NORTH 03 DEGREES 10
MINUTES EAST, 216 . 20 FEET) ; THENCE EASTERLY, ALONG TIIE SAID SOUTHERLY
RIGHT OF WAY LINE, BEING ALONG A CURVE TO TILE RIGHT, TANGENT 'TO THE LAST
DESCRIBED COURSE, HAVING A RADIUS OF 2064 . 93 PEET, AN ARC DISTANCE OF
253 . 10 FEET; TIIENCE SOUT11 OG DEGREES 55 MINUTES 05 SECONDS WEST (RECORD
BEING SOUTII. OG DEGREE'S 59 MINUTES WEST) , A DISTANCE OF 1702 . G0 PEET TO
TIIE NORTHWEST CORNER OF LAND CONVEYED TO ELGIN MIDLAND CORPORATION BY
DOCUMENT NO. 19007724 ; TIIENCE NORTH 02 DEGREES 53 MINUTES 42 SECONDS
WEST.', ALONG TIIE NORTHERLY LINE OF SAID DOCUMENT NO. 19007724 , A DISTANCE
OF 343 . 63 PEET (RECORD BEING 344 . 00 FEET) TO TILE NORTHWEST CORNER OF
SAID DOCUMENT NO. 19007724 , BEING ON TILE EASTERLY LINE OP LAND CONVEYED
TO COMMONWEALTH EDISON C014PANY BY DOCUMENT NO. 10G02755 ; TIIENCE NORTH 04
. DEGREES 15 MINUTE:; 3G SECONDS EAST, ALONG SAID EASTERLY LINE OF DOCUMENT
-NO. 18G02755, A DISTANCE OF 4GO .70 PEET FOR TIIE POINT OF BEGINNING OF
SAID LAND ; TIIENCE CONTINUING NORTH 04 DEGREES 15 MINUTES 3G SECONDS
EAST, ALONG SAID EASTERLY LINE, A DISTANCE OF 30 . 04 PEET; TIIENCE SOUTII
02 DEGREES 53 MINUTES 42 SECONDS EAST, PARALLEL WITH TIIE AFORESAID
NORTHERLY LINE OF DOCUMENT NO. 19007724 , A DISTANCE OF 50 . 06 FEET TO A
LINE THAT IS 50 . 00 FEET, AS 14EASURED PERPENDICULAR, EASTERLY OP AND
PARALLEL WITII' TIIE APORESAID EASTERLY LINE OF DOCUMENT NO. 10G02755;
THENCE SOUTH 04 DEGREES 15 MINUTES 3G SECONDS WEST, ALONG SAID PARALLEL
LINE, A DISTANCE OP 30 . 04 PEET TO A LINE THAT IS PARALLEL WITH TIIE SAID
NORTHERLY LINE OF DOCUMENT NO. 19007724 AND PASSES TIIROUGII TIIE POINT OF
BEGINNING TIIENCE NORTH 02 DEGREES 53 14INUTES 42 SECOND"" WEST, ALONG
SAID PARALLEL LINE,. A DISTANCE OF 50 . OG PEET TO TILE POINT OP BEGINNING
OP SAID LAND. BEING SITUATED IN HANOVER TOWNSILIP, COOK COUNTY,
ILLINOIS AND CONTAINING 0 . 03 ACRE: MORE OR LESS .
EXHIBIT D
SEP-30-91 MON 14:36 A FAX NO. 7089315665 P. 05
AGREEMENT
This AGREEMENT, enterud into this 24 -day of
1991, between the DEPARTMENT -OF TRANSPORTATION Or THE
STATE Or ILLINOIS, hereinafter referred to as DEPARTMENT, and
the CITY or. ELGXN, hereinafter referred to as CITY, in for the
purpose of delineating the rights and responsibilities of
parties relevant to the transfer of certain properties located
in the City of Elgin.
WHEREAS the DEPARTMENT has an interest in and utilizes a
parcel of property of approximately 3.5 acres in the vicinity of
Elgin State Hospital (see EXHIBIT "A") and the CITY owns a
parcel of property of approximately 3 . 02 acres in the vicinity
of Shales Parkway (see EXHIBIT "B") , and
WHEREAS it is in the mutual best interests of the parties
that the CITY exchange its parcel of property for the
DEPARTMENT'S interest in Its parcel..
NOW, THEREFORE, the DEPARTMENT and CITY agree as follows:
1 . The CITY will transfer by deed all its interest In the
parcel legally described in Exhibit "A" . Prior to this
transfer, the CITY shall provide a current title commitment-
showing good title in the CITY.
2 . The CITY shall have the parcel dcoribed in Exhibit "B"
surveyed and will provide a legal description .and plat of
survey along with having property pins placed by a '
Registered band Surveyor.
SEP-30-91 h10N 14 36 A FAX N0, 7089315665 P. 06
r
-z-
3. The CITY Will furnish to the property described in
Exhibit "B" all normal. water, Chas, sewer services, and 200 .
amp electrical service.
4 . The City shall be responsible for site preparation in
accordance with the DEPARTMENT'S site plan and Instructions
(attached to and made part of this AGREEMENT as Exhibit
"C") . The CITY shall be responsible for the excavation,
removal, And disposal of approximately 11,000 cubic yards of
dirt currently distributed and compacted on the site. The
CITY shall also be responsible' for the spreading and
compacting of approximately 16,000 tons of granular
material, supplied by the DEPARTMENT, in accordance with the
site plan. These quantities could vary' depending on the
depth of the top soil and the final grade of the stoned area.
5. The CITY will furnish a 60' x 54 ' building equivalent to
or similar to a Morton type building.
6 . The CITY shall erect an a ' high perimeter fence with slats
(including three strands of barbed wire on top and a 24 '
cantilever roll gate) surrounding the parcel described in
Exhibit "q" using material supplied by the DEPARTMENT.
7. The CITY shall, obtain right of way for an access road for
the parcel described in Exhibit "B" for public purposes
across Commonwealth Edison property.
SEP-30-91 MON 14:37 A FAX N0, 7089315665 P, 07
� r
t
-3-
8 . The CITY shall construct an access roadway of suitable
granular base -and asphalt surface extending from shales
Parkway to the fence referred to in Paragraph 6.
9 . The CITY shall obtain any necessary permits required
from any pipeline owners for any pipeline crossed by the
access ,roadway referred to in Paragraph S.
J.O . The CITY will permit the DEPARTMENT to store uncovered
salt at its sole discretion on the site.
11 . The CITY will not post truck weight limits on Shales
Parkway that will detrimentally affect the DEPARTMENT'S use
of the property.
The DEPARTMENT'S obligations under this agreement are as
follows :
1. The DEPARTMENT shall furnish and deliver the granular
material referred to in Paragraph 4 of the CITY'S
obligations.
2 . The DEPARTMENT shall provide the CITY with the materials
required to erect the perimeter fence referred to in
Paragraph 6 of the CITY'S obligations, which fence will be
maintained by th° DEPARTMENT.
3 . The DEPARTMCNT .will. prpvide to the CITY a properly executed
Quit .Claim Dee d •relinquishing all its rights and interests
to the pA2rcel 'describe'd in Exhibit "A" , including the
• buildings, fence, and any other improvements on the site.
SEP-30-91 MON 14:38 A FAX NO. 7089315665 P. 08
r �
4-
All obligations under this AGREEMENT shall be completed
by May 1, 1992 . The DEPARTMENT agrees to vacate the parcel
described in Exhibit "A" by May 11 1992 .
If any portion of this AGREEMENT is held by a court of
law to be invalid, all other portions of the AGREEMENT shall
remain in force, unless either the CITY or the DEPARTMENT
gives written notice of its intent to void this AGREEMENT
within 30 days of such a decision.
The CITY shall furnish to the DEPARTMENT a certified copy
of the minutes of the City Council meeting approving this
AGREEMENT.
Subs ribed and signed on this 2.14_day of 720*466" . 1991 .
mayor Di rict One Engineer
City of Elgin Iklinois Dept. of
Transportation
On this date, James C. Slifer
appeared before me and
affixed his signature to this
document.
Attested: City Clerk Notary Publ c
City of Elgin
"OFFICIAL SEAL"
ALEX a, KARK08
Notsry Public. State of Iliinoia
my com4usioo 4pires 9129/91
SEP-30-91 MON 14:38 A FAX NO. 7089315665 P. 09
Route FAU 2509 (McLean 81vd. )
Section
Job No. R-91-999-80
LEGAL DESCRIPTION County e
Parcel
MASTER COPY Doc.
Dee egg s. e .
Juris. rans . Easemen`C
Other -' —"•
Page of
That part of the Southwest Quarter of the Northeast Quarter of
Section 27, Township 41 North, Range 8, East of the Third Principal
Meridian, described as follows:
Commencing at the northwest corner of the Southwest Quarter of the
Northeast Quarter of section 27, Township and Range aforesaid,
thence south along the north-south centerline of said Section 27,
a distance of 542.50 feet; thence east along a line that forms an
angle of 86 degrees 13 minutes 34 seconds to the left with the
Prolongation of the last described course a distance of 364.34 feet
for the place of beginning; thence continuing east along the
prolongation of the last described course a distance of 449.76 feet
to a point; thence south at right angles to the last described
course a distance of 339. 75 feet to a point; thence west along a
line that forms an angle of 87 degrees 39 minutes 10 seconds to the
right with the prolongation of the last described course a distance
of 426.54 feet; thence north parallel with the north-south
centerline of Section 27, along a. line that forms an angle of 88
degrees 34 minutes 24 seconds to the right with the prolongation of
the last described course, a distance of 358.00 feet to the place of
beginning.
All the above being situated in Elgin Township, Kane County,
Illinois, and containing 3.506 acres, more or less.
cn , '
M
w
0
Co
• - 3
Thdt Oat of the S.W. r/4 Of the ME 1/4 3m 2.7-41-g of the 3rd P.M.. Kam Ca, Uffnaft , CO
�.w com.r S�vd u;,H,E va
=>
d Sea<q 27-di-8
--- Hl. tIF]E SSY.V4,N.E114 of SAC.ZT-41-8 (Mc Lean B t d.)
r - Route: FA U. 2509
A•�.
County : Kane
W34'
Joky. No. = R-91'-999-80
q
Parcel: 1 EX 0586
x
8 IEX 4586
A Am*3.506 Act C'
0 0
CO
CO
cri
Cn
4• Ml
r p)
•
426.54'
m
0
ILL DEFT.DFTRANSPORTAT30tt
ruw— DISTRICT 1 _A•,. o
PARCELNO-s" G 3�H nTatia9f 999^e�
TAfflNG
TCTT.HOLDING
Er ovI&.vialtu t.MT VU I Pvrs r+ v �' c t�—�!I k E—• JOB NO.
(Customer's Name) ,ter=
Ventilators insulation and vapor barriers will reduce but not eliminate condensation. Sliding door openings will be 4=/z" 1
pe 9
to 7'/s° less in width (except sliding doors located in srdewall corners may be 10" less in w+dth) than door panels and :o
opening height will be reduced by thickness of concrete floor if concrete floors are poured. �o
WIOTH ENT£D WIDTR VENTED SKY.SIDEL[TE INTERIOR LINER PAFTIT+ON SOFFIT GUTTERS DRAIN •p AOCIESS
SIDEWAU I OVERHAt G COLORS Z
KOi�VENTED 21 ON•YE�TTED a ,�t WAWA� ,�4
iy t�
(Circh Orm (Ckria onel All aoaenM Items in0caW mint be on Form 1Z
w
FORCONCRETE FLOOROR OVERHEAD DOORS FURNISHED aY CUSTOMER OA SOLD BY MORTON BUILDINGS ON CO►(TAACT FORM 12,STATE DIMENSIONS: co
FLOOR THIGKNMI.6-7—°.SET OVER KEAD DOOR--5-- -.KSOVEAOTTOMOF SPLASH BOAR D,OVERHEADDDORACWRES "HEADRODU
ANDS s t i- -!- ' _ ► I _l 1_ _ I ! l �'
T-Ii
rr
all
r CD
co
-� {—
�-
I t I 11 j co
Cn
Cn
� 1
ff-I.
F�t
LI
r i T I I I
GRADE
I--fil
I — -�-
SEP-30-91 MON 14:40 A FAX N0, 7089315665 P• 12
Building Specifications
1. Building to be 60 ' x 54' and insulated. Attached is
information on a building manufactured by Morton Builders.
I . A 6" reinforced concrete floor Constructed
of 5% - a% air entrained concrete, tined
towards the floor drains. NO sealer.
11. A continuous trough floor drain system'
draining into a triple manhole system and
connected to sewer_ system.
III . A minimum 4' approach slab with 4" steel
post to protect door corners.
IV. Seamless aluminum rain gutters with
downspouts.
V. No exterior windows .
V1. Two 22' x 14' insulated overhead doors with
electric door openers.
Vil. Minimum interior lighting.
VIII . Heating sufficient to keep building heated
above 50 degrees at all times (gas furnaces
to be all of the same type and brand
throughout) .
I.X. Washroom facilities including at least one
toilet and sink.
X. Hot water service to the truck storage area
and washroom.
X1 . Ceiling fans in the truck storage area for
circulation.
X11. Exhaust fans on a 15 minute rimer in the
truck storage area.
M
� W
0
,
. -T7
w =>
co
0. •
Q
}
ABGLI-d - c. W
L n!4 !tK 6J
tA70/q..
r4". 6J
Ul
• � STOR�SG� �'
euttn�tr<;
v y
a $ SITE PLAN
ELGIN SUB STORAGE
SCRALES PARKWAY LOCATION EXHIBIT 'G'
Stole 1:1.�
SITE ALAn
_ CITY OF ELGIN 1
. •• ----- D?7AAt6P�RTATOK
SN.tLtr f91RRWAY � fLlutEa PARKIV.7� �
SEP-30-91 MON 14:41 A FAX NO. 7089315665 P. 14
W./�+r ...• ...+r.wr.T .TIN
ir..-fix�.�•..••-••• �j
I •-.mow
•� . � }aV Np�A 1•••..wwfpov��rvi.1.. 11/g11<I
. airr.la..L r w..�fn ter_r m�rf
h`;Nylr 'ICn.
111 1an.ra N..+1/if nn.r u t>�t trN to M..qt
>11a1a11 ate".w Ion.trrr Y ru.eaC..uT trww,f 1t.tYd»
1 .• un..l Er1 hda fra•1 NN.n n,ft w m sa.rl.�cf am y.IfWt
11t trdM.�/vl.1/1/IY�Ift•.f RaAt w.IIINII.i=
/n1iI.JtYMI fW...II N.nlara II q+.fw M INIr taH1
YI/PP•KW�.III.N!�(t.r ta7f IpU a IKaY a mM1(M m.
yI.N w fp Iwt♦ill Yap Y.4/M/Y Rn W1f.1. U V
N fw�f..aullulr.vA F+1 U 1./111 H IGl1/
+��1 s.n.aLw rta..•+•.aT+14 w wf yll.a /
' N 1 f1.�/I aa➢.m./.aa V fPf1Y aW. 11.71
t•••111�la•.t•al yr r.u.o1�lFT ll.t./d.1i1 fan.
1 lW• A fy aFlr ta1r.S�aaw taa64/m.111.p.qf
a Y1eY�1 1.I+m,V 1..r..a.w w 1uw tuf/I fta.o vI.
N tlw•01 4 ats{�11.NN..Ir.Ilq.�.@I f�1.1Y..4.t1
Yl.t/MI.LLY�{bi fW Y 111.11 Ie11..p..1)yr.fp
.wf�Y//tY.4�a•�w Si.YI IOa1.}It LV CMNII.fW
1KL.i�/wfrl/.r..f.iMw�[t IfSi'f yn.I..UIR
FRER
Y uw.w wt t/arrt f�1.11.1.a Iuea/r fIS..N
l � . . . • 1aafUJ w r wno..n.a.M Yw/wn/N 11.6 ulna/
ma......yw 11.Nar...III.HII..I.1 d NM N 1w.RY11 fi0
4b�JIr.wfa N.a.�11..s..>/U ICI frf1 1((af Na alal.
�►LYIUI w III./m,l/a0Y ffal Y 111.11 fan.mlfa/I{a.11
a►Y ar1 RfrY/rp pL Iwlfa/.rfe.�wyyy...
INI.INI tla�YSM N Iw.w Y fatTa.V.��w.f1/I.fYVa/
tlfl tf fdfetvaf Wt..aa+w.7.r r.IIr.f1..!Rfla►Q Y
lY.lt f/f Y a Lly1 upf U N.N Rd1 i�a aw11wIJ1.
/teYlt Y h ta.•t./ftp r aar�1stw♦A/.rrfnw ruti
V W 4 M 11Nt111J f�1P Va4 11 M�al1 Y lb..v H
a`- d•.1.µM wA fWWa Y.L 1.i•.YV w/U.II/YI Al
Y.a a.a1 Y/M•IU fRl fv.fi'a.v9WLf 1Va V'lY.ef.I�..
IY.I.11 1�NlrrrL.IY..s J_w v 1�.I.flM1 fY1U Myw f1
rrar 4 r+w.. 1far.w.u�.1 uY ry.Yr am.a YId.CJ•
• y � � Il.r N..w r Kn w..rsaly- N.w rrnaa.a m.r
3 j *s.m1 Owt Y..r.>saa.0 Ia..w�ws�a.N aaal Feu r Ind.
' �� fRS Y jflp.IjJ�
i{}f �.aaurh sw Ywf�wra+MI>!l.
1 Z �
4N Y
lit
f
4 f
• ,r..,t. r•a..- 1
' �fir6�.Odiy