03-194 Resolution No. 03-194
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNM NTAL AGREEMENT WITH
THE VILLAGE OF BARTLETT, BLUFF CITY v1ATERIALS, INC. ,
GIFFORD 300, L. L. C. , BLUFF CITY, L.L. 0 AND
SOUTHWIND FINANCIAL, LTD.
(West of State Route 25 and South of U. S . Route 20)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,
a
ILLINOIS, that Ed Schock, Mayor, and Dolonn Mecum, City Clerk, be
and are hereby authorized and dir cted to execute a
Intergovernmental Agreement on behalf of th City of Elgin with the
Village of Bartlett, Bluff City Materials, Inc . , Gifford 300,
L.L. C. , Bluff City, L.L. C. and Southwind Financial , Ltd. to permit
a subterranean mining operation on property located west of State
Route 25 and south of U. S. Route 20, a cony of which is attached
hereto and made a part hereof by reference .
s/ Ed Schock
Ed Schock, Mayor
Presented: June 25 , 2003
Adopted: June 25, 2003
Omnibus Vote : Yeas : 7 Nays : 0
Attest :
s/ Dolonna Mecum
Dolonna Mecum, City Clerk
March 17 , 2C04
MEMORANDUM
TO: Sue Losch, Deputy City Clerk
FROM: William A. Cogley, Corporation ounsel
SUBJECT: Intergovernmental Agreement Between the City of Elgin,
Bluff City Materials, Inc . , Gifford 300 L.L. C. , Bluff
City L.L. C. , and Southwind Financial Ltd.
Attached for the city clerk ' s file is an original fully executed
copy of the above-referenced agreement
mg
Attachment
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Dow,: 0327603102
Eugene "Gene"Moore Fee: $182.50
Cook County Recorder of Deeds
RESOLUTION 2003 — 100- Date: 10/03/2003 02:54 PM Pg: 1 of 31
1
A RESOLUTION AUTHORIZING THE XECUTION
OF THE INTERGOVERNMENTAL AGRE MENT AMONG
THE CITY OF-ELGIN, THE VILLAGE OF BA; LETT, BLUFF CITY
MATERIALS, INC., GIFFORD 300, LLC, LUFF CITY LLC
AND SOUTHWIND FINANCIAL , LTD.
BE IT RESOLVED by the President and Board of Trustees of the Village of Bartlett,
Cook, DuPage and Kane Counties, Illinois, as follows:
SECTION ONE: That the Intergovernmental Agreement among the City of
Elgin, the Village of Bartlett, Bluff City Materials, Inc., Gifford 300, LLC, Bluff City, LLC and
Southwind Financial, Ltd. July 29, 2003 (the "Agreement"), a copy of which is appended
hereto and expressly incorporated herein by this reference, is hereby approved.
SECTION TWO: The Village President 4tnd Village Clerk are authorized to
sign and attest, respectively, the Agreement on behalf Of the Village.
SECTION THREE: SEVERABILITY. It any section,paragraph or provision
of this Resolution shall be held to be invalid or unenforceable for any reason,the invalidity
or unenforceability of such section, paragraph or pro 'ision shall not affect any of the
remaining provisions of this Resolution.
SECTION FOUR: REPEAL OF PRIOR RESOLUTIONS. All prior
Ordinances and Resolutions in conflict or inconsistert herewith are hereby expressly
repealed only to the extent of such conflict or inconsistency.
SECTION FIVE: EFFECTIVE DATE. this Resolution shall be in full force
and effect upon its passage and approval.
1
RESOLUTION 2003 — 10ci-R r\,)
A RESOLUTION AUTHORIZING TI-1 EXECUTION
OF THE INTERGOVERNMENTAL AGREEMENT AMONG
THE CITY OF ELGIN, THE VILLAGE OF BARTLETT, BLUFF CITY co
MATERIALS, INC., GIFFORD 300, LLC, BLUFF CITY LLC co
AND SOUTHWIND FINANCIAL, LTD. CZ)
erf.33
BE IT RESOLVED by the President and Board (;) Trustees of the Village of Bartlett,
Cook, DuPage and Kane Counties, Illinois, as follows: 11 COP ;c.22
SECTION ONE: That the Intergovernmental Agreement amxls Cif Arj:1
c:a
Elgin, the Village of Bartlett, Bluff City Materials, Inc., Gifford 300, LLC, BluffNity LC`5.fild
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Southwind Financial, Ltd. July 29, 2003 (the "Agreernnt"), a copy of which is ppeesjed:"(rc-731
hereto and and expressly incorporated herein by this referlence, is hereby approve . 1-6
SECTION TWO: The Village Presiderft and Village Clerk are authorized to
sign and attest, respectively, the Agreement on behalf of the Village.
SECTION THREE: SEVERABILITY. If any section,paragraph or provision
of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity
or unenforceability of such section, paragraph or provision shall not affect any of the
remaining provisions of this Resolution.
SECTION FOUR: REPEAL OF PRIOR RESOLUTIONS. All prior
Ordinances and Resolutions in conflict or inconsistent herewith are hereby expressly
repealed only to the extent_of such conflict or inconsistency.
SECTION FIVE: EFFECTIVE DAT . This Resolution shall be in full force
and effect upon its passage and approval.
•
1
RESOLUTION 2003 — 100-R
A RESOLUTION AUTHORIZING TH EXECUTION
OF THE INTERGOVERNMENTAL AGR EMENT AMONG
THE CITY OF ELGIN, THE VILLAGE OF BA TLETT, BLUFF CITY
MATERIALS, INC., GIFFORD 300, LLC, LUFF CITY LLC
AND SOUTHWIND FINANCIA , LTD.
BE IT RESOLVED by the President and Board of Trustees of the Village of Bartlett,
Cook, DuPage and Kane Counties, Illinois, as follows:
SECTION ONE: That the Intergovernmental Agreement among the City of
Elgin, the Village of Bartlett, Bluff City Materials, Inc., Gifford 300, LLC, Bluff City, LLC and
Southwind Financial, Ltd. July 29, 2003 (the "Agreemerht"), a copy of which is appended
hereto and expressly incorporated herein by this reference, is hereby approved.
SECTION TWO: The Village President land Village Clerk are authorized to
sign and attest, respectively, the Agreement on behalf bf the Village.
SECTION THREE: SEVERABILITY. If any section,paragraph or provision
of this Resolution shall be held to be invalid or unenforceable for any reason, the invalidity
or unenforceability of such section, paragraph or prolvision shall not affect any of the
remaining provisions of this Resolution.
SECTION FOUR: REPEAL OF PRI,R RESOLUTIONS. All prior
Ordinances and Resolutions in conflict or inconsistent herewith are hereby expressly
repealed only to the extent of such conflict or inconsisency.
SECTION FIVE: EFFECTIVE DATE. i'his Resolution shall be in full force
and effect upon its passage and approval.
1
ROLL CALL VOTE:
AYES: Trustee Airdo, Arends, Borrnann, Floyd, Kavouris, Nolan
NAYS: None
ABSENT: None
PASSED: July 29, 2003
APPROVED: July 29, 2003
Catherine J. jirfche , Village President
ATTEST:
COO K, Du/JAN.
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ICATIO
I, the undersigned, do hereby certify that I am he Village Clerk of the Village of
Bartlett, Cook, DuPage and Kane Counties, Illinois, and that the foregoing is a true,
complete and exact copy of Resolution 2003—100-R, enacted on July 29, 2003, approved
on July 29, 2003, as the same appears from the officiall records of the Village of Bartlett.
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INTERGOVERNMENTAL AGREEMENT AND COVENANT
THIS INTERGOVERNMENTAL AGREEMENT AND COVENANT (this "Agreement") is made
and entered into as of the(129 day of 37,2.4/ , 2003 by 4nd between the CITY OF ELGIN, an
Illinois municipal corporation (hereinafter referred to as "Elgin"), th VILLAGE OF BARTLETT, an
Illinois municipal corporation (hereinafter referred to as "Bartlett"), 1lluff City Materials, Inc., an Illinois
corporation("Bluff City"), Gifford 300, LLC, an Illinois limited liabi ity company(Gifford 300"), Bluff
City, LLC, an Illinois limited liability company("City LLC")and So thwind Financial, Ltd, an Illinois
corporation("Southwind").
WITNESSETH
WHEREAS, Article 7, Section 10 of the Constitution of the Skate of Illinois, 1970, authorizes units of
local government, including municipalities, to enter into contracts to xercise, combine or transfer any power
or function not prohibited to them by law or ordinance; and
WHEREAS, Illinois Compiled Statutes, Chapter 5, Section 20/1 et seq., known as the
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Intergovernmental Cooperation Act, authorizes units of local gove ent in Illinois to exercise jointly with
any other public agency within the state, including other units of loc I government, any power, privilege, or
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authority which may be exercised by a unit of local government indiir idually and to enter into contracts for
the performance of governmental services, activities and undertakin s; and
WHEREAS, Bluff City and Gifford 300 (hereinafter collecti ely called the "Elgin Owner") are the
owners of record of a certain parcel of real property containing appr ximately 347 acres described in Exhibit
"A" which is attached hereto and made a part hereof(which real property, for convenience, is hereafter
referred to as the "Elgin Property"). The Elgin Property is currently within the corporate limits of Elgin, and
is also contiguous to the Bartlett Property(hereafter defined); and
WHEREAS, City LLC and Southwind (hereinafter collectiveily called the "Bartlett Owner") are the
owners of record of the real property containing approximately 311 Itcres described in Exhibit"B" attached
hereto and made a part hereof(which real property, for convenience is hereafter referred to as the "Bartlett
Property"). The Bartlett Property is currently in unincorporated Cock and Kane Counties, Illinois; and
WHEREAS, the Elgin Owner and the Bartlett Owner are affOiated companies and thus are
hereinafter collectively called the"Owner"; and
WHEREAS, Owner has petitioned Elgin for the approval of One or more ordinances authorizing the
conduct of Subterranean Mining(as hereafter defined) on the Elgin Property; and
WHEREAS, Owner has petitioned Bartlett for the approval Of one or more ordinances annexing the
Bartlett Property and authorizing the conduct of Subterranean Mining (as hereafter defined) on the Bartlett
Property; and
F:\Legal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc I
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WHEREAS, Bluff City(or its subcontractors, sublessees, or the respective Owners' lessee(s)) is
anticipated to be the company that will conduct Subterranean Mining On both the Elgin Property and the
Bartlett Property under its agreements with the Elgin Owner and the Etartlett Owner; and
WHEREAS, Elgin and Bartlett agree that if they each approvO Subterranean Mining on the Elgin and
Bartlett Properties (respectively), then it would be mutually beneficial to Elgin and Bartlett that (i) they each
collect Subterranean Mining Royalties (as hereafter defined) from the party conducting such Subterranean
Mining and (b) they agree to Royalty Sharing(as hereafter defined); nd
WHEREAS, Elgin and Bartlett are each home rule units which may lawfully exercise any power or
perform any function relating to its government and affairs; and
WHEREAS, the various undertakings by Elgin and by Bartlett in this Agreement relate to the
respective government and affairs of Elgin and Bartlett.
NOW, THEREFORE, for and in consideration of the mutual romises and undertakings set forth
herein, and for other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
DEFINITIONS
"Subterranean Mining" means "Subterranean Mining"shall mean the conduct, at depths not less than
approximately 250 feet below the surface of the ground, of mining aid removal of limestone, galena, gravel,
sand and other minerals (collectively"Resources"), via blasting and ther means, and, as incidental or
accessory operations to the foregoing or in connection therewith(i) t e stockpiling and sale, at wholesale or
retail, of the Resources; (ii) the screening, crushing, mixing, washin , grinding and storage of the Resources
in connection with the preparation of the same for sale; (iii) the cons ruction, maintenance and operation of
such buildings, structures, conveyors, and other moveable and immo able equipment necessary to carry out
the foregoing, including underground passages, shafts or entries thro gh, to and from other mines and lands
adjacent to or on the property, (iv) the storage of explosives and sucl other equipment necessary to carry out
the mining, (v) the establishment of subterranean offices, equipment storage and equipment repair facilities,
and(vi) the establishment on the surface of secondary processing eq ipment, stockpiles of processed
Resources, and scales and offices used in connection with the sale o such Resources. Blasting on the surface
shall be permitted only to the extent required to construct the "portat' leading from the surface to the
subterranean mining operation.
"Subterranean Mining Royalties" shall have the meaning as set forth in paragraph 1.4(b) below;
"Royalty Sharing" shall have the meaning as set forth in paragraph 1.4(c) below.
AGREEMENT
I. ZONING CONSIDERATION: 'ROYALTIES
1.1 The Owner has filed(a) with Elgin one or more applications (the "Elgin Mining
Application") seeking its approval of the conduct of Subterranean Mining on the Elgin
Property and(b) with Bartlett, one or more applicatiOns(the "Bartlett Annexation and Mining
F:\Legal Dcpt\Agreement\Bluff City Materials Intergovernmental Agr doc 2
Application") seeking the annexation by Bartlett and its approval of the and the conduct of
Subterranean Mining on the Bartlett Property.
1.2 Elgin hereby agrees to administratively process and consider in good faith and without undue
delay the Elgin Mining Application filed by Owner. E in shall promptly notify Bartlett in
writing of the action taken by Elgin's corporate autho ties in granting or denying the Elgin
Mining Application.
1.3 Bartlett hereby agrees to administratively process and consider in good faith and without
undue delay the Bartlett Annexation and Mining Application filed by Owner. Bartlett shall
promptly notify Elgin in writing of the action taken by Bartlett's corporate authorities in
granting or denying the Bartlett Annexation and Mining Application.
1.4 If Elgin approves Subterranean Mining pursuant to the Elgin Mining Application and Bartlett
approves Subterranean Mining pursuant to the Bartlett Annexation and Mining Application,
then Elgin and Bartlett agree as follows:
(a) Elgin and Bartlett shall each require that the p rty or parties that may, from time to
time, be conducting the Subterranean Mining ctivities on the Elgin Property and on
the Bartlett Property(hereinafter called the " ining Operator") shall be required to
pay all Subterranean Mining Royalties (as her after defined) to each of Elgin and
Bartlett in the manner prescribed in subparagr ph 1(c) below.
(b) The term "Subterranean Mining Royalty" shal mean a royalty equal to the product of
(i) 1 %z% (.015) multiplied by(ii) the Mining ' perator's Net Subterranean Mining
Imputed Sales Revenue (as hereafter defined).
(c) The term"Net Subterranean Mining Imputed ales Revenue " means:
(A) Arms-length Sales to Third Parties Consummated at the Elgin
Property and/or Bartlett PrQpert_y: In the case of sales of
Resources extracted through the conduct of Subterranean Mining under
the Elgin Property and/ or Bartlett Property and sold at arms length to
a third party purchaser, the Netl Subterranean Mining Imputed Sales
Revenue shall equal (1) gross dales price billed by the Mining Operator
to the third-party less (2) all taXes, freight, shipping and customer
allowances, and such Net Subterranean Mining Imputed Sales Revenue
shall be deemed to have been received by the Mining Operator on the
date such Resources leave the Confines of both the Elgin Property and
the Bartlett Property. If the Mining Operator sells the said Resources to
(A) the Owner or (B) an affiliate of the Owner or Mining Operator(in
either case an"Intermediary") land such Intermediary re-sells the
Resources to the ultimate thirdl party purchaser, then the Net
Subterranean Mining Imputed sales Revenue shall be based upon(x)
gross sales price billed by the Intermediary to the third-party less (y) all
taxes, freight, shipping and customer allowances;
F:\Legal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc 3
(B) Dis ositions Not Involvin. Sal.s at Arms-len.th: In the case of the
disposition of saleable Resource extracted through the conduct of
Subterranean Mining under the ' lgin Property and/ or Bartlett
Property other than by way of s.le (such as, by way of example only,
through exchange, barter, or gi' but excluding those Resources used
in on-site construction or maint-nance, the Net Subterranean Mining
Imputed Sales Revenue shall be deemed to equal the product of(1) the
average sales price per ton enjoyed by the Mining Operator from the
arms length sale of similar Resoirces to third party purchasers of
similar-sized orders of such ResOurces during the preceding 12 months
multiplied by(2) the tonnage or such Resources which is shipped off
the confines of both the Elgin P operty and the Bartlett Property; it
being the intention of the partie that Elgin shall be entitled to receive t
Subterranean Mining Royalties v henever such saleable Resources are
removed from the confines of b th the Elgin Property and the Bartlett
lip
Property even though not by w y of traditional sale.
(C) Sales of Resources From Othr Business Sites of the Mining
Operator: In the case of the disposition of Resources (i) extracted
through the conduct of Subterr nean Mining under the Elgin Property
and/or Bartlett Property other than to a third party purchaser and(ii)
shipped to an off-site sales yar operated by the Mining Operator for
sale from such off-site location1 the Net Subterranean Mining Imputed
Sales Revenue shall be determined as follows:
(1) if such Resources are sold Within six (6) months of being removed
from the Elgin Property an4 Bartlett Property, then the Net
Subterranean Mining Impu ed Sales Revenue shall be determined
on the date of such sale in tie manner provided in subparagraph (A)
above; and otherwise
(2) if such Resources are not sold within six (6) months of being
removed from the Elgin Prperty and Bartlett Property, then the Net
Subterranean Mining Imputed Sales Revenue shall be determined
as of the first day of the seventh (7th) month in the manner provided
in subparagraph(B) above.
(d) Subterranean Mining Royalties payable by any and all Mining Operators to either of
Elgin or Bartlett (or to both municipalities) shall be shared as follows (hereinafter
called"Royalty Sharing"):
(i) It is agreed that for the first five (5) years following the date on which
Resources are first extracted from a depth of below 250 feet on either the Elgin
Property or the Bartlett Property(sucl date being hereinafter called the
"Subterranean Mining Commencement Date"), all Subterranean Mining
Royalties received by either Elgin or gartlett shall be shared two-thirds
(2/3rds) to Bartlett and one-third (1/3`11) to Elgin. The Owner shall notify Elgin
F:\Legal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc 4
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and Bartlett in writing on the date that 1esources are first extracted from a
depth of below 250 feet on either the E gin Property or the Bartlett Property.
(ii) Commencing with the first day of the sixth(6`") year following the
Subterranean Mining Commencementiate, and continuing through the fifty-
second (52"d) year following the Subtet.anean Mining Commencement Date,
all Subterranean Mining Royalties rece ved by either Elgin or Bartlett shall be
shared one-half(1/2) to Bartlett and one-half(1/2) to Elgin.
(iii) Commencing with the first day of the fifty-third (53') year following the
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Subteanean Mining Commencement rate, and continuing through the fifty-
seventh(57th) year following the Subterranean Mining Commencement Date
while Subterranean Mining shall continue on either or both of the Elgin
Property and/or the Bartlett Property 11.11 Subterranean Mining Royalties
received by either Elgin or Bartlett shall be shared two-thirds (2/3rds) to Elgin
and one-third (1/3rd) to Bartlett.
(iv) Commencing with the first day of the tfty-eighth (58th) year following the
Subterranean Mining Commencement pate, and continuing while
Subterranean Mining shall continue on either or both of the Elgin Property or
the Bartlett Property, all Subterranean Mining Royalties received by either
Elgin or Bartlett shall be shared one-h,lf(1/2) to Bartlett and one-half(1/2) to
Elgin.
(v) Elgin and Bartlett expressly acknowledge and agree that (A) imbalances will
predictably occur in the amount of Sunterranean Mining that may, at any one
time, or from time to time, be occurring within the Elgin Property and/or
Bartlett Property, and accordingly(B) Royalty Sharing in the manner provided
for herein will generally flatten revenue fluctuations for both municipalities to
their individual and mutual best interests.
(vi) Elgin and Bartlett also expressly acknowledge and agree that if either of them,
after first approving the conduct of Subterranean Mining, later terminates the
right to conduct such Subterranean Milning on either of the Elgin Property or
the Bartlett Property(as the case may he) then such municipality so
terminating such right to conduct Subterranean Mining shall waive all rights to
receive any further Royalty Sharing from the other municipality and, instead,
only the municipality which permits Subterranean Mining shall have any right
to receive Subterranean Mining Royalities.
(e) To secure the payment of the Subterranean Mining Royalties to Elgin and Bartlett as
provided herein, the Owner shall:
(i) record against the Elgin Property and the Bartlett Property a covenant (the
"Royalty Covenant") which shall run with title to the land and which
memorializes the obligation of any Mining Operator to pay Subterranean
Mining Royalties as provided herein. Elgin and Bartlett agree that said
Royalty Covenant shall not be deemed to be an obligation upon any party(I)
FALegal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc 5
to whom the current Owner may sell the Elgin Property or Bartlett Property, or
any portion of either of same ("New 07 ncr") and (2) who does not have any
financial interest in the Subterranean Mining occurring thereon; provided,
however, that the Royalty Covenant shall continue to be a binding obligation
'upon any person or entity that continues to, or thereafter conducts, any
Subterranean Mining on the Elgin Property or Bartlett Property, or either of
same.
(ii) include in any lease or subcontract agreement the Owner may enter into with a
Mining Operator in connection with Subterranean Mining("Mining
Agreement") specific provisions (A) obligating the Mining Operator to pay the
Subterranean Mining Royalty directly to Elgin and Bartlett to the extent
payable under such Mining Agreement, and (B) making Elgin and Bartlett
third party beneficiaries of any such Mining Agreement with the right to
enforce the payment of the Subterranean Mining Royalties as against the
Mining Operator to the extent payable !ander such Mining Agreement.
(f) Owner hereby further covenants, represents and arees as follows:
(i) Owner is agreeing to pay the Subterra ean Mining Royalties as an inducement
to Elgin and Bartlett to enter into this Intergovemmental Agreement and to
zone the Elgin Property and Bartlett Property in order to allow blasting on and
under the Elgin Property and Bartlett property in connection with Subterranean
Mining; and
(ii) Owner further acknowledges and agrees that(A) the imposition of the
Subterranean Mining Royalties by Elgin and Bartlett is not motivated by the
desire to merely raise revenue, but, insItead, (B) such Subterranean Mining
Royalties bear a reasonable relationship to the costs anticipated to be incurred
in maintaining public safety by Elgin and Bartlett in connection with the
regulation and administration of the SUbterranean Mining within their
respective corporate boundaries; and
(iii) The Owner, for itself and its successor-0, assigns, grantees, licensees and tenants,
hereby waives and releases any claim it may have, or allege to have, to challenge
the propriety/ legality of the Subterranean Mining Royalties; and
(iv) The Owner, for itself and its successor , assigns, grantees, licensees and tenants
hereby covenants and agrees that in consideration of this Agreement neither the
Owner nor its successors, assigns, grantees, licensees or tenants shall directly or
indirectly sue Elgin or Bartlett in an effort to have declared invalid, or to
otherwise eliminate or modify, the reqUirement contained herein that
Subterranean Mining Royalties shall be payable to Elgin and Bartlett as provided
herein. (The covenant and agreement Of the Owner as set forth in the preceding
sentence shall hereinafter be called the "Covenant Not To Sue"). The parties
hereto understand and agree that the Owner's Covenant Not To Sue as stated
g
herein is a material inducement to El • and Bartlett's agreement to enter into
this Agreement and is freely and voluntarily given.
F:\Legal Dept\Agreement\Bluff City Materials Intergovernmental Agr doc 6
(v) The Owner hereby agrees to insert into ny lease or license agreement that it
may enter into with a third party in co ection with the conduct of
Subterranean Mining on the Elgin Prop rty and Bartlett Property provisions
referring to and incorporating the provi ions of this subparagraph 1.4(f) so as
to make same binding on such third pa y.
1.5 If(a) the Owner withdraws the Elgin Development A lication prior to approval thereof by
Elgin, or(b) Elgin does not approve same, then in eith r event Elgin shall not be entitled to
any Royalty Sharing from Bartlett hereunder.
1.6 Similarly, if(a) the Owner withdraws the Bartlett AnnHxation and Development Application
prior to approval thereof by Bartlett, or (b) Bartlett dos not approve same, then Bartlett shall
not be entitled to any Royalty Sharing from Elgin her under.
IL GENERAL PROVISIONS
2.1 This Agreement shall be binding upon and inure to th benefit of Elgin and Bartlett and their
respective successors and assigns.
2.2 This Agreement shall not be construed or interpreted as a precedent for any other property or
other purpose.
2.3 Each party hereto represents to the other that it has full knowledge as to all material matters
bearing on the respective positions and obligations that are addressed by this Agreement and
acknowledges the reliance of the other party on the representations and undertakings set forth
herein in entering into this Agreement.
2.4 This Agreement embodies the entire agreement of the parties with respect to the subject
matter hereof. There are no promises, terms, conditions or obligations other than those
contained herein. This Agreement shall not be modified except with the written consent of
Elgin and Bartlett.
2.5 Neither Elgin nor Bartlett shall be under any obligation to approve the Elgin Development
Application or the Bartlett Annexation and Development Application. Neither party shall be
under any obligation to exercise any of the rights grafted to it in this Agreement except as it
shall determine to be in its best interest from time to time. Except as otherwise expressly
provided herein, the failure of any party to exercise at any time any such right shall not be
deemed or construed a waiver thereof, nor shall such failure void or adversely affect such
party's right to enforce such right or any other right. However, nothing contained in this
paragraph 2.5 shall relieve either party of its obligatidns hereunder.
2.6 Unless expressly provided to the contrary in this Agreement, each and every one of the rights,
remedies and benefits provided by this Agreement shall be cumulative and shall not be
exclusive of any other such rights, remedies and benefits allowed by law.
F:'Legal Dept\Agreement\Bluff City Materials Intergovernmental Agr doe 7
2.7 This Agreement is and shall be deemed and construed to be the joint and collective work
product of Elgin, Bartlett and Bluff City and the Owne and, as such, this Agreement shall not
be construed against either party, as the otherwise pu orted drafter of same, by any court of
competent jurisdiction and order resolving any inconsi tency, any ambiguity, vagueness or
conflict in the terms or provisions, if any, contained h ein.
2.8 This Agreement shall be enforceable in a court of com etent jurisdiction by any of the parties,
by an appropriate action at law or in equity to secure t e performance of the covenants herein
described. If any clause or provision of this Agreeme t is determined to be illegal, invalid, or
unenforceable under present or future laws, the remai der of this Agreement shall not be
affected by such determination, and in lieu of each cla se or provision that is determined to be
illegal, invalid or unenforceable, there shall be added a part of this Agreement a clause or
provision as similar in terms to such illegal, invalid or lunenforceable clause or provision as
may be possible and be legal, valid and enforceable. I the Owner or the Mining Operator
legally challenge the validity of the covenant containe1 herein requiring the payment of
Mining Royalties and such covenant is declared invali , then Elgin and/or Bartlett shall be
entitled to a preliminary and permanent injunction pro ibiting any further Subterranean
Mining(and surface activities in support thereof) on t e Elgin Property or Bartlett Property.
The parties hereto agree to litigate any and all dispute arising out of or in connection with
this Agreement in the Circuit Court of Cook County, llinois, and by executing this
Agreement each parties agrees that such Court shall bf the proper and exclusive venue for any
such proceeding.
2.9 This Agreement may be executed in multiple counterparts, all of which, together, shall
constitute one and the same agreement. Further, photpcopies, facsimile transmissions and
other reproductions of this Agreement and/or the siglatures hereon shall be the equivalent of
originals.
2.10 No party shall be deemed to be in breach of its obligations hereunder unless (i) written notice
of the alleged breach is first given to such party alleg,dly in default (the "Defaulting Party")
and(ii) the Defaulting Party fails to correct such alleged breach within 30 days of the date of
such notice. Without limiting the generality of the foregoing, because it is anticipated that the
Mining Operator will be calculating and making payments of Subterranean Mining Royalties
directly to Elgin and Bartlett, it is further agreed that notice of any failure by the Mining
Operator to make such payments shall be given to Owner and the Mining Operator.
2.11 Elgin and Bartlett shall have the right to review or audit the Mining Operator's
records pertaining to its Net Subterranean Mining Imputed Sales Revenue not more
frequently than once each calendar quarter at th4 Mining Operator's offices located
in the Chicagoland area. The payment of the Subterranean Mining Royalty shall be
made within 60 days following the close of each calendar quarter.
2.12 Any failure on the part of a Mining Operator to pay t Elgin or Bartlett all Subterranean
Royalties required under this Agreement shall herein fter be called a"Royalty Deficiency".
Elgin and Bartlett each agree that:
F:uxgal Dept\Agreement\Bluff City Materials Intergovernmental Agr.doc 8
1
. ,
(a) it shall not have the right to assert any claim (' Royalty Deficiency Claim") or take
l
any other action against the Owner or the Mining Operator that extracted and
cli)
sold the Resources, or the Owner's zoning ent-tlements with respect to any
Royalty Deficiency on the part of the Mining perator that pertain to Net
Subterranean Mining Imputed Sales Revenue generated by such Mining Operator
more than five (5) years prior to the assertion Of the Royalty Deficiency Claim ;
and
(b) If the Owner notifies Elgin and Bartlett in writing that the existing Mining
Operator ("Existing Operator") has or will be replaced (hereinafter called an
"Operator Change Notice") then neither Elgin nor Bartlett shall have the right to
assert any Royalty Deficiency Claim, or take any other action against the Owner
1
or the Mining Operator that extracted and sol the Resources, or the Owner's
zoning entitlements, with respect to any Royalty Deficiency on the part of the
Existing Operator unless such Royalty Deficiency Claim is asserted within six (6)
months of the Operator Change Notice, and ii such case the Royalty Deficiency
Claim shall not pertain to Net Subterranean Mining Imputed Sales Revenue
generated by such Mining Operator more than five (5) years prior to the assertion
of the Royalty Deficiency Claim .
2.13 In any action or proceeding between the parties arising out of or in connection with this
Agreement or the breach or enforcement hereof, the party(ies) prevailing in such proceeding
shall be entitled to recover its/their costs and expenses, including, without limitation,
reasonable attorneys' fees, from the non-prevailing party(ies).
2.14 The parties agree to cooperate in good faith in recording against the Elgin Property and the
Bartlett Property a memorandum of this Agreement.
[signature page follows]
F:\Legal Dept\Agreement\Bluff City Materials Intergovernmental Agr doc 9
IN WITNESS WHEREOF, the parties hereto have entered into and executed this Agreement on the
date and year first written above.
THE CITY ELGIN, an Illinois municipal corporation
BY: /0211
E: ock, Mayor
Attest:
Dolonna Mecum, City Clerk
THE VILLAGE OF BARTLETT, an Illinois municipal 'orporation
Catherine JbV elchert, President
Attest:
4-
Linda Gallien, Village Clerk
BLUFF CITY MATERIALS, INC., an Illinois corporate on
By: u(cifie
Uj C� , President
C:\unzipped\DevelopmcutAgrcemcnt-vIG-Final\MiningIGA-vI4-Final doc
GIFFORD 300, LLC, an Illinois limited liability company
By: el.- (Ai 7(1//g2-
,Ho
A r/1/
Southwind Financial, Ltd., an Illinois corporation
:
BY Qom-- W CJ�J�
BLUFF CITY, LLC, an Illinois limited liability company
By: 4/ I
"Gfa
C:\unzipped\DevelopmentAgrecment-v 16-Final\MininglGA-v 14-Final.doc 1
EXHIBIT A
Elgin Property Legal Description
W:WORK\32279\Mining 1GA-v13-Bazos.doc 12
LEGAL DESCRIPTION: PARCEL A
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 I\IRTI-1, RANGE 9, EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS rLLOWS: BEGINNING
AT THE NORTHEAST CORNER OF THE NORTHWEST 1/ OF SAID SECTION 29;
THENCE NORTH 88 DEGREES 39 MINUTES 37 SEC014DS EAST (NORTH 88
DEGREES 54 MINUTES 06 SECONDS EAST RECORD)1 ALONG THE NORTH
4)
LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEIT RECORD) TO THE
WESTERLY RIGHT OF WAY LINE OF THE ELGIN, J LIET AND EASTERN
RAILWAY COMPANY; THENCE NOR III 09 DEG ES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST ORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAI CENTER LINE 815.99
FEET TO THE NORTHEAST CORNER OF LAND DE ICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEG -ES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURE AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUT S 39 SECONDS WEST
(NORT1I 72 DEGREES 35 MINUTES 16 SECONDS WEST
RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 176.92 FEET (177.40 FEET DEED); THENCE SOUTH 68
DEGREES 04 MINUTES 20 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.77 FEET (353.95
FEET RECORD), (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS
OF 272.0 FEET AND AN ARC DISTANCE OF 377.24 FEET (385.38 FEET RECORD)
WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE POINT; THENCE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH 0$ DEGREES 24 MINUTES
57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015.47 FEET TO TILE SOUTH LINE OF
THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT'
CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER 88412478;
THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST (SOUTH 76
DEGREES 51 MINUTES 08 SECONDS EAST RECORD) ALONG SMD SOUTH
LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA
cAdocume—I\peter\locals-1\temp\parcel_a_5-21-03.doc
ABBOTT CONTRACTORS OF ILLINOIS, INC. 1352.07 FEET (1354.07 FEET
RECORD) TO THE WESTERLY LINE OF AFORESAID ELGIN, JOLIET AND
EASTERN RAILWAY COMPANY TO A POINT THAT IS 1600.00 FEET
SOUTHERLY OF POINT A AFORESAID (AS MEASURED ALONG SAID
WESTERLY LINE); THENCE NORTH 09 DEGREES 03 tyIINUTES 00 SECONDS
EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG SAID RIGHT
OF WAY LINE 1019.88 (1026.83 FEET RECORD); THENCE NORTH 00 DEGREES
01 MINUTE 30 SECONDS EAST 195.12 FEET (NORTH 00 DEGREES 16 MINUTES
04 SECONDS EAST 188.31 FEET RECORD) TO THE PLACE OF BEGINNING,
(EXCEPTING THEREFROM A 300.0 FOOT STRIP Off LAND ALONG THE
WESTERLY BOUNDARY THEREOF MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT POINT B AFORESAID; THENCE SOUTH 05
DEGREES 46 MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES
15 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 363.69 FEET (362.82 FEET RECORD) TO
AN ANGLE POINT IN SAID LINE; THENCE SOUTH 08 DEGREES 17 MINUTES 38
SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES 57 SECONDS WEST
RECORD) ALONG SAID LINE 1015.47 FEET; THENCE SOUTH 77 DEGREES 03
MINUTES 59 SECONDS EAST 300.99 FEET (SOUTH 76 DEGREES 51 MINUTES
08 SECONDS EAST 301.03 FEET RECORD); THENCE NORTH 08 DEGREES 17
MINUTES 38 SECONDS EAST (NORTH 08 DEGREES 24 MINUTES 57 SECONDS
EAST RECORD) ALONG A LINE 300.0 FEET EASTERLY OF AND PARALLEL TO
THE EASTERLY LINE OF SAID COMMONWEALTH EDISON PROPERTY 1046.40
FEET (1046.75 FEET RECORD) TO AN ANGLE POINT; THENCE NORTH 05
DEGREES 46 MINUTES 42 SECONDS EAST (NORTH 05 DEGREES 57 MINUTES
15 SECONDS EAST RECORD) ALONG SAID PARALLEL LINE 510.40 FEET
(510.02 FEET RECORD) TO THE SOUTHERLY LINE OF LAND DEDICA FED FOR
HIGHWAY PURPOSES; THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY
LINE BEING ON A CURVE TO THE RIGHT AND HAVING A RADIUS OF 272.0
FEET AN ARC DISTANCE OF 355.97 FEET (356.31 FEET RECORD) TO THE
POINT OF BEGINNING (THE CHORD OF THE LAST DESCRIBED LINE
BEARING SOUTH 70 DEGREES 44 MINUTES 36 SECONDS WEST 331.11 FEET
(SOUTH 70 DEGREES 50 MINUTES 03 SECONDS WEST 331.38 RECORD)), IN
COOK COUNTY, ILLINOIS.
AND
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE 9, EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF
SAID SECTION 29; THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS
EAST (NORTH 88 DEGREES 54 MINUTES 06 SECONDS EAST RECORD) ALONG
THE NORTH LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO
THE WESTERLY RIGHT OF WAY LINE OF THE ELGII\I, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEtES 03 MINUTES 09
IN
SECONDS EAST (NORTH 09 DEGREES 15 MUTES ,AST RECORD) ALONG
cAdocume—I\petcrllocals-Nem')parcel_a_5-21-03 doc
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTHEAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 176.92 FEET (177.40 FEET DEED); THENCE SOUTH 68
DEGREES 04 MINUTES 20 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.77 FEET (353.95
FEET RECORD), (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS
OF 272,0 FEET AND AN ARC DISTANCE OF 377.24 FEET (38538 FEET RECORD)
WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON 11-1 EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTII 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE POINT; THENCE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH 08I DEGREES 24 MINUTES
57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015.47 FEET TO THE SOUTH LINE OF
THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT
CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER 88412478;
THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST 300.99 FEET
(SOUTH 76 DEGREES 51 MINUTES 08 SECONDS 301.03IFEET RECORD) TO THE
POINT OF BEGINNING; THENCE SOUTH 77 DEGREES 03 MINUTES 59
SECONDS EAST (SOUTH 76 DEGREES 51 MINUTES 08 SECONDS EAST
RECORD) CONTINUING ALONG SAID SOUTH LINE OF THAT PART
CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT CONTRACTORS
OF ILLINOIS, INC. 1056.08 FEET TO THE WESTERLY LINE OF THE AFORESAID
ELGIN, JOLIET AND EASTERN RAILWAY COMPANY TO A POINT THAT IS
1600.00 FEET SOUTHERLY OF POINT A AFORESAID (AS MEASURED ALONG
SAID WESTERLY LINE); THENCE SOUTH 09 DEGREES 03 MINUTES 00
SECONDS WEST ALONG SAID WESTERLY LINE OF THE ELGIN, JOLIET AND
EASTERN RAILWAY COMPANY 70.14 FEET; THENCE NORTH 77 DEGREES 03
MINUTES 59 SECONDS WEST ALONG A LINE PARALLEL TO SAID SOUTH
LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA
cAdocume---ilpeter\locals-1\temp\pareel_a.5-21-03.doe
ABBOTT CONTRACTORS OF ILLINOIS, INC., 1055.15 FET; THENCE NORTH 08
DEGREES 17 MINUTES 38 SECONDS EAST 70.21 FEET TO THE POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 42.0 ACRES MORE OR LES .
c:\docume-1\peter\loca1s-I\temp\parcel_a_5-2 I-03.doc
LEGAL DESCRPITION: PARCEL B
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTII, RANGE 9, EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF THE NORTHWEST 1/4 OF
SAID SECTION 29; THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS
EAST (NORTH 88 DEGREES 54 MINUTES 06 SECONDS FAST RECORD) ALONG
THE NORTH LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO
THE WESTERLY RIGHT OF WAY LINE OF THE ELGIN, IOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTH EAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 108.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 178.91 FEET (177.40 FEET DEEM; THENCE SOUTH 67
DEGREES 52 MINUTES 02 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.34 FEET (353.95
FEET RECORD), (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS
OF 272.0 FEET AND AN ARC DISTANCE OF 383.28 FEET (385.38 FEET RECORD)
•WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTII 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE POINT; THENCE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH 0$ DEGREES 24 MINUTES
57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015.47 FEET to THE SOUTH LINE OF
THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT
CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER 88412478;
THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST 300.99 FEET
(SOUTH 76 DEGREES 51 MINUTES 08 SECONDS 301.03 FEET RECORD);
THENCE SOUTH 08 DEGREES 17 MINUTES 38 SECNDS WEST 70.21 FEET
cAdocurne-11petcAlocals-1\temp\parcel_b_5-21-03Aoc
ALONG A LINE 300.00 FEET EASTERLY OF AND PARALLEL TO THE
EASTERLY LINE OF SAID COMMONWEALTH EDISO PROPERTY TO THE
POINT OF BEGINNING; THENCE SOUTH 08 DEG ES 17 MINUTES 38
SECONDS WEST 2525.27 FEET ALONG SAID PARALLE11 LINE; THENCE SOUTH
77 DEGREES 03 MINUTES 59 SECONDS EAST ALONG A LINE PARALLEL TO
SAID SOUTH LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS,
INC., FKA ABBOTT CONTRACTORS OF ILLINOIS, IN ''. 1021.76 FEET TO THE
WES FERLY LINE OF THE AFORESAID ELGIN, J LIET AND EASTERN
RAILWAY COMPANY AND 647.43 FEET NORTHERL OF THE NORTHERLY
LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC RAILROAD (AS
MEASURED ALONG SAID WESTERLY LINE OF ELGIN, JOLIET AND EASTERN
RAILWAY); THENCE NORTH 09 DEGREES 03 MINUI ES 00 SECONDS EAST
ALONG SAID WESTERLY LINE OF THE ELGIN, JIOLIET AND EASTERN
RAILWAY COMPANY 2522.79 FEET; THENCE NORTH 77 DEGREES 03
MINUTES 59 SECONDS WEST ALONG A LINE PARALLEL TO SAID SOUTH
LINE OF THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA
ABBOTT CONTRACTORS OF ILLINOIS, INC. 1055.15 FEET TO THE POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS.
AND
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE 9, EAST
OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHEAST CORNER OF TIC[E NORTHWEST 1/4 OF
SAID SECTION 29; THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS
EAST (NORTH 88 DEGREES 54 MINUTES 06 SECONDS EAST RECORD) ALONG
THE NORTH LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO
THE WES FERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MENU FES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINU TF,S EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST (NORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTHEAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTI[ERLY OF TI IE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 1138.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 178.91 FEET (177.40 FEET DEEB)); THENCE SOUTH 67
DEGREES 52 MINUTES 02 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
c:\docume-1\peter\locals-1\temp\parcel_b_5-21-Q3_doc
. .
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.34 FEET (353.95
FEET RECORD), (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS
OF 272.0 FEET AND AN ARC DIS'FANCE OF 383.28 FEET (385.38 FEET RECORD)
WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON THE, EASTERLY LINE OF
COMMONWEALTH EDISON COMI'ANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE POINT; THENCE SOUTFI 08
DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH 08 DEGREES 24 MINUTES
57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 1015.47 FEET TO THE SOUTH LINE OF
THAT PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT'
CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER 88412478;
THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST 300.99 FEET
(SOUTH 76 DEGREES 51 MINUTES 08 SECONDS 301.03 FEET RECORD);
THENCE SOUTH 08 DEGREES 17 MINUTES 38 SECQNDS WEST 70.21 FEET -
ALONG A LINE 300.00 FEET EASTERLY OF AND PARALLEL TO THE
EASTERLY LINE OF SAID COMMONWEALTH EDISON PROPERTY TO THE
POINT OF BEGINNING; THENCE SOUTH 08 DEGREES 17 MINUTES 38
SECONDS WEST 2525.27 FEET ALONG SAID PARALLEL LINE; THENCE
NORTH 77 DEGREES 03 MINUTES 59 SECONDS WEST ALONG A LINE
PARALLEL TO SAID SOUTH LINE OF THAT PART CONVEYED TO BLUFF CITY
MATERIALS, INC., FKA ABBOTT CONTRACTORS 01' ILLINOIS, INC. 273.33
FEET TO A POINT ON SAID EASTERLY LINE OF COMMONWEALTH EDISON
PROPERTY; THENCE NORTH 00 DEGREES 20 MINUTES 28 SECONDS EAST
(NORTH 00 DEGREES 01 MINUTE 36 SECONDS EAST,RECORD) ALONG SAID
EASTERLY LINE OF COMMONWEALTH EDISON PROPERTY 199.21 FEET TO
AN ANGLE POINT; THENCE NORTH 08 DEGREES 171 MINUTES 38 SECONDS
EAST (NORTH 08 DEGREES 24 MINUTES 57 SECONDS EAST RECORD) ALONG
SAID EASTERLY LINE OF COMMONWEALTH EDISON PROPERTY 2330.22
FEET; THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST ALONG A
LINE PARALLEL TO SAID SOUTH LINE OF THAT PART CONVEYED TO BLUFF
CITY MATERIALS, INC., FKA ABBOTT CONTRACTORS OF ILLINOIS, INC.
300.99 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
AND
THAT PART OF SECTIONS 20 AND 29, TOWNSHIP 41 NORTH, RANGE 9, EAST
OF TILE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:
COMMENCING AT TILE NORTHEAST CORNER OF 1HE NORTHWEST 1/4 OF
SAID SECTION 29; THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS
EAST (NORTH 88 DEGREES 54 MINUTES 06 SECOND EAST RECORD) ALONG
THE NORTH LINE OF SAID SECTION 29, 31.15 FEET t29.89 FEET RECORD) TO
cAdocume-1 1 peterklocals-1\temp\parcel_b_5-2 1-03.doc
THE WESTERLY RIGHT OF WAY LINE OF THE ELGIN, .KAET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST (II.IORTH 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTHEAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTHERLY OF THE CENTER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASURED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 10 .74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 178.91 FEET (177.40 FEET DEED); THENCE SOUTH 30
DEGREES 22 MINUTES 29 SECONDS WEST A CHORD DISTANCE OF 27.29
FEET (SAID CHORD BEING PART OF A CURVE HAVING A RADIUS OF 272.0
FEET AND AN ARC DISTANCE OF 27.30 FEET WHICH IS THE SOUTHERLY
LINE OF SAID DEDICATED PROPERTY) TO TILE POINT OF BEGINNING;
THENCE SOUTHWESTERLY ALONG SAID SOUTHERLY LINE BEING ON A
CURVE TO THE RIGHT AND HAVING A RADIUS OF 272.0 FEET AN ARC
DISTANCE OF 355.97 FEET (356.31 FEET RECORD) (THE CHORD OF THE LAST
DESCRIBED LINE BEARING SOUTH 70 DEGREES 44 MINUTES 33 SECONDS
WEST 331.11 FEET (SOUTH 70 DEGREES 50 MINUTES 03 SECONDS WEST
331.38 FEET RECORD)), TO A POINT ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENCE SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 57 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID EASTERLY LINE OF COMMONWEALTH
EDISON PROPERTY 363.69 FEET (362.82 FEET RECORD) TO AN ANGLE POINT
IN SAID LINE; THENCE SOUTH 08 DEGREES 17 MINUTES 38 SECONDS WEST
(SOUTH 08 DEGREES 24 MINUTES 57 SECONDS WESTI RECORD) ALONG SAID
LINE 1015.47 FEET TO THE SOUTH LINE OF THATi PART CONVEYED TO
BLUFF CITY MATERIALS, INC., FKA ABBOTT CONTRACTORS OF ILLINOIS,
INC. BY DOCUMENT NUMBER 88412478; THENCE CONTINUING ALONG THE
LAST DESCRIBED COURSE SOUTH 08 DEGREES 17 MINUTES 38 SECONDS
WEST (SOUTH 08 DEGREES 24 MINUTES 57 SECONDS WEST RECORD) 70.21
FEET; THENCE SOUTH 77 DEGREES 03 MINUTES 59 SECONDS EAST ALONG A
LINE PARALLEL TO SAID SOUTH LINE OF THAT PART CONVEYED TO BLUFF
CITY MATERIALS, INC., FKA ABBOTT CONTRACTbRS OF ILLINOIS, INC.
300.99 FEET; THENCE NORTH 08 DEGREES 17 MINUTES 38 SECONDS EAST
70.21 FEET ALONG A LINE 300.00 FEET EASTERLY OF AND PARALLEL TO
cAdocume—I\peter\locals—Iltemp\parcel_b_5-21-03Aloc
THE EASTERLY LINE OF SAID COMMONWEALTH EDISON PROPERTY TO
SAID SOUTH LINE OF THAT PART CONVEYED TO 13LUFF CITY MATERIALS,
INC., FKA ABBOTT CONTRACTORS OF ILLINOIS, INC.; THENCE NORTH 08
DEGREES 17 MINUTES 38 SECONDS EAST (NORTH 08 DEGREES 24 MINUTES
57 SECONDS EAST RECORD) ALONG A LINE 300.0 FEET EASTERLY OF AND
PARALLEL TO THE EASTERLY LINE OF SAID COMMONWEALTH EDISON
PROPERTY 1046.40 FEET (1046.75 FEET RECORD) TO AN ANGLE POINT;
THENCE NORTH 05 DEGREES 46 MINUTES 42 SECONDS EAST (NORTH 05
DEGREES 57 MINUTES 15 SECONDS EAST RECORD) ALONG SAID PARALLEL
LINE 510.40 FEET (510.02 FEET RECORD) TO THE SOUTHERLY LINE OF LAND
DEDICATED FOR HIGHWAY PURPOSES AND THE POINT OF BEGINNING, IN
COOK COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 87.63 ACRES MORE OR LESS
cAdocume-11peter\locals-11temp\parcel_b_5-21-03.doc
LEGAL DESCRPITION: PARCEL C
THAT PART OF SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 41
NORTH, RANGE 9, EAST OF WE THIRD PRINCIPAL MERIDIAN LYING NORTH
OF THE NORTHERLY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL &
PACIFIC RAILROAD; EAST OF THE EASTERLY LINE OF COMMONWEALTH
EDISON COMPANY PROPERTY, SAID LINE BEING MO FEET EASTERLY OF
AND PARALLEL TO A LINE DEFINED AS THE1 EASTERLY LINE IN
DOCUMENTS 9899344 AND 9929391; WEST OF THE WESTERLY RIGHT OF
WAY LINE OF THE ELGIN, JOLIET AND EASTERN RAILWAY COMPANY; AND
SOUTH OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT THE
NORTHEAST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION 29;
THENCE NORTH 88 DEGREES 39 MINUTES 37 SECONDS EAST (NORTH 88
DEGREES 54 MINUTES 06 SECONDS EAST RECOR_D) ALONG THE NORTH
LINE OF SAID SECTION 29, 31.15 FEET (29.89 FEET RECORD) TO THE
WESTERLY RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN
RAILWAY COMPANY; THENCE NORTH 09 DEGREES 03 MINUTES 09
SECONDS EAST (NORTH 09 DEGREES 15 MINUTES EAST RECORD) ALONG
SAID WESTERLY RIGHT OF WAY LINE 381.80 FEET TO THE CENTER LINE OF
THE OLD ROAD (FOR A POINT HEREINAFTER KNOWN AS POINT A); THENCE
NORTH 69 DEGREES 42 MINUTES 53 SECONDS WEST NORTI-1 69 DEGREES 27
MINUTES 30 SECONDS WEST RECORD) ALONG SAID CENTER LINE 815.99
FEET TO THE NORTH EAST CORNER OF LAND DEDICATED FOR PUBLIC
HIGHWAY PURPOSES; THENCE SOUTH 17 DEGREES 09 MINUTES 20
SECONDS WEST (SOUTH 17 DEGREES 24 MINUTES 43 SECONDS WEST
RECORD) 65.0 FEET TO A POINT 98.0 FEET SOUTHEREY OF THE CEN[ER LINE
OF THE EXISTING U.S. ROUTE 20 (AS MEASUR_ED AT RIGHT ANGLES
THERETO); THENCE NORTH 72 DEGREES 50 MINUTES 39 SECONDS WEST
(NORTH 72 DEGREES 35 MINUTES 16 SECONDS WEST RECORD) ALONG THE
SOUTHERLY LINE OF SAID DEDICATED LAND 168.74 FEET (109.0 FEET
DEED); THENCE SOUTH 80 DEGREES 25 MINUTES 28 SECONDS WEST (SOUTH
80 DEGREES 40 MINUTES 50 SECONDS WEST RECORD) ALONG SAID
SOUTHERLY LINE 178.91 FEET (177.40 FEET DEE ); THENCE SOUTH 67
DEGREES 52 MINUTES 02 SECONDS WEST (SOUTH 67 DEGREES 45 MINUTES
28 SECONDS WEST RECORD) A CHORD DISTANCE OF 352.34 FEET (353.95
FEET RECORD), (SAID CHORD I3EING PART OF A CURVE HAVING A RADIUS
OF 272.0 FEET AND AN ARC DISTANCE OF 383.28 FET (385.38 FEET RECORD)
WHICH IS THE SOUTHERLY LINE OF SAID DEDICATED PROPERTY) TO A
POINT HEREINAFTER KNOWN AS POINT B ON THE EASTERLY LINE OF
COMMONWEALTH EDISON COMPANY PROPERTY, SAID LINE BEING 40.0
FEET EASTERLY OF AND PARALLEL TO A LINE DEFINED AS THE EASTERLY
LINE IN DOCUMENTS 9899344 AND 9929391; THENC SOUTH 05 DEGREES 46
MINUTES 42 SECONDS WEST (SOUTH 05 DEGREES 7 MINUTES 15 SECONDS
WEST RECORD) ALONG SAID COMMONWEALTH EDISON PROPERTY 363.69
FEET (362.82 FEET RECORD) TO AN ANGLE PO T; THENCE SOUTH 08
DEGREES 17 MINUTES 38 SECONDS WEST (SOUTH 18 DEGREES 24 MINUTES
cAdocume-1\peter\locals-1\temp\parcel_c 5-2 1-03.doc
- • .
57 SECONDS WEST RECORD) ALONG SAID EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 3415.90 FEET; THENCE SOUTH 00
DEGREES 20 MINUTES 28 SECONDS WEST, ALONG SA!D EASTERLY LINE OF
COMMONWEALTH EDISON PROPERTY 199.21 FEET TO THE POINT OF
BEGINNING OF SAID LINE; THENCE SOUTH 77 DEGREES 03 MINUTES 59
SECONDS EAST ALONG A LINE PARALLEL TO THE OUTI1 LINE OF THAT
PART CONVEYED TO BLUFF CITY MATERIALS, INC., FKA ABBOTT
CONTRACTORS OF ILLINOIS, INC. BY DOCUMENT NUMBER 88412478, 1295.09
FEET TO THE WESTERLY LINE OF THE AFORESAID ELGIN, JOLIET AND
EASTERN RAILWAY COMPANY AND 647.43 FEET NORTHERLY OF THE
NORTHERLY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL & PACIFIC
RAILROAD (AS MEASURED ALONG SAID WESTERLY LINE OF THE ELGIN,
JOLIET AND EASTERN RAILWAY), IN COOK COUNTY, LLINOIS.
SAID PARCEL CONTAINING 13.95 ACRES MORE OR LESS
cAdocumc-11peter\locals—I\temp\parcel_c_5-2 I-03.cloc
. . ,
LEGAL DESCRPITION: PARCEL D
THAT PART OF SECTIONS 19, 20, 29 AND 30, IN TOWNSHIP 41 NORTH, RANGE
9, EAST OF THE THIRD PRINCIPAL MERIDIAN DESCIRIBED AS FOLLOWS:
COMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 19; THENCE
SOUTH 88 DEGREES 10 MINUTES 34 SECONDS WEST,i 1178.94 FEET, ALONG
THE SOUTH LINE OF SAID SECTION 19 TO THE CENTER LINE OF GIFFORD
ROAD AND THE POINT OF BEGINNING; THENCE NORTH 00 DEGREES 41
MINUTES 05 SECONDS EAST, 776.61 FEET, ALONG SAID CENTER LINE OF
GIFFORD ROAD; THENCE SOUTH 83 DEGREES 29 MINUTES 58 SECONDS
EAST, 107.18 FEET;'THENCE NORTH 51 DEGREES 16 MINUTES 57 SECONDS
EAST, 287.38 FEET; THENCE SOUTH 88 DEGREES 21 MINUTES 58 SECONDS
EAST, 462.00 FEET; THENCE SOUTH 86 DEGREES 21 MINUTES 07 SECONDS
EAST, 361.60 FEET, TO THE EAST LINE OF SAID SECTION 19; THENCE
CONTINUING ALONG THE LAST DESCRIBED COURS , 297.16 FEET, TO THE
SOUTHERLY LINE OF BLUFF CITY BOULEVARD (FRONTAGE ROAD);
THENCE SOUTH 73 DEGREES 13 MINUTES 35 SECONDS EAST, 886.90 FEET,
ALONG SAID SOUTHERLY LINE TO THE WESTERLY RIGHT OF WAY LINE OF
COMMONWEALTH EDISON, PER DOCUMENTS 9899344 AND 9929391; THENCE
SOUTH 05 DEGREES 57 MINUTES 54 SECONDS WEST, 1302.56 FEET, ALONG
SAID WESTERLY RIGHT OF WAY; THENCE SOUTH 081DEGREES 23 MINUTES
10 SECONDS WEST, 2515.42 FEET, ALONG SAID WESTERLY RIGHT OF WAY;
THENCE SOUTH 00 DEGREES 17 MINUTES 34 SECONDS EAST, 453.78 FEET,
ALONG SAID WESTERLY RIGHT OF WAY TO THE NOR.THERLY LINE OF THE
CHICAGO, MILWAUKEE, ST. PAUL & PACFIC RAILROAD; THENCE NORTH 62
DEGREES 45 MINUTES 31 SECONDS WEST, 710. 6 FEET, ALONG THE
NORTHERLY LINE OF THE CHICAGO, MILWAUKE ', ST. PAUL & PACFIC
RAILROAD TO THF WEST LINE OF SAID SECTION 291- THENCE CONTINUING
ALONG THE LAST DESCRIBED COURSE, 1358.27 FEET, TO THE CENIER LINE
OF GIFFORD ROAD; THENCE NORTH 00 DEGREES 4q MINUTES 10 SECONDS
EAST, 2657.83 FEET, ALONG SAID CENTER LINE OF GIFFORD ROAD TO THE
POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.
SAID PARCEL CONTAINING 192.30 ACRES MORE OR LESS
cAdocurne-1 1 peter\locals-1\temp\parcel_d_5-2 I-03.doc
LEGAL DESCRPITION: PARCEL E
i
THAT PART OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 30,
TOWNSHIP 41 NORTH, RANGE 9 EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS, LYING EAST OF THE CENTERLINE OF GIFFORD
ROAD, SOUTHWESTERLY OF THE RIGHT OF WAI OF THE CHICAGO,
MILWAUKEE, ST. PAUL AND PACIFIC RAILWAY, AND NORTH OF THE
CENTER LINE OF SPAULDING ROAD, EXCEPT THAT PART DESCRIBED AS
FOLLOWS: BEGINNING AT A RAILROAD SPIKE IN CONCRETE (SAID
RAILROAD SPIKE BEING ON THE EAST LINE OF SAID 1SOUTHEAST 1/4 112.22
FEET SOUTH OF THE INTERSECTION OF SAID EAST LINE WITH THE
SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO, MILWAUKEE, ST. PAUL
AND PACIFIC RAILROAD COMPANY); THENCE SOUTH 0 DEGREES ALONG
THE EAST LINE OF SAID SOUTHEAST1/4, 1182.07 FEET TO THE CENTER LINE
OF SPAULDING ROAD; THENCE NORTH 88 DEGREES 28 MINUTES 06
SECONDS WEST ALONG SAID CENTER LINE 1273.35 FEET TO THE CENTER
LINE OF GIFFORD ROAD; THENCE NORTH 01 DEGREE 47 MINUTES 34
SECONDS EAST ALONG SAID CENTER LINE 1168.49 FEET; THENCE SOUTH
89 DEGREES 33 MINUTES 23 SECONDS EAST 1236.381FEET TO A POINT 10.31
FEET NORTH OF THE POINT OF BEGINNING (AS MEASURED ALONG SAID
EAST LINE OF SOUTHEAST 1/4); THENCE SOUTH 0 DEGREES ALONG SAID
EAST LINE 10.31 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY,
ILLINOIS.
AND
THAT PART OF THE WEST 1/2 OF THE SOUTHWEST 1/4 OF SECTION 29,
TOWNSHIP 41 NORTH, RANGE 9, EAST OF THE THIRD PRINCIPAL MERIDIAN,
IN COOK COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT A
POINT ON THF, WEST LINE OF SAID SOUTHWEST 1/4, 840 FEET SOUTH OF
THE NORTHWEST CORNER, BEING A POINT ON 'FFIE SOUTHWESTERLY
RIGHT OF WAY LINE OF THE ELGIN, JOLIET AND EASTERN RAILWAY
COMPANY, FOR A POINT OF BEGINNING; THENCE SOUTH 50 FEET, ALONG
AFORESAID WEST LINE TO THE SOUTHWEST 1/4; ITLENCE EAST 80 FEET,
MORE OR LESS, TO A POINT ON THE SOUTHWESTERLY RIGHT OF WAY
LINE OF THE AFORESAID RAILROAD; THENCE NORTHWESTERLY ALONG
TILE AFORESAID SOUTHWESTERLY RIGHT OF WAYiL,INE, TO THE POINT OF
BEGINNING, IN COOK COUNTY, ILLINOIS_
SAID PARCEL CONTAINING 1L60 ACRES MORE OR LESS
c\docurne-1\peter\tocals-1\temp\parcel_e_5-21-03_doc
. • . 1
EXHIBIT B
Bartlett Property--Legal Descriptior
w:\woRKU 2279\Mining IGA-v13-Bazos.doc I 13
, • ,
THAT PART OF sEGTION 30, TOWNSHIP 41 NORTH,RANGE 9 EAST OF THE THIRD PRINCIPAL
MERIDIAN DEscF3SE0 AS FOLLoWS; LYING SOUTH oF THE SOUTH RIGHT OF WAY LINE OF
THE cHr-AtGO, MILWAUKEE, sl%PAUL AND PACIFIC RAILROAD FUGIff-OFANAY;WEST OF THE
CEITrElt UNE OF GIFFORD ROAD; NORTH OF THE SOUTH 1500.00 FCCT OF SAID SECTION 30;
EAST OF...LINE BEING PERPENDICULAR TO sAIb NoFITH UNE OF THE SOUTH 1500.00 FEET OF
SAID SECTION 30 AND 2509.42 FEET WESTERLY OF THE CENTERLINE OF GIFFORD ROAD As
MEASURED ALONG SAID NORTH LINE OF THE SOUTH 1=0o FEET or SAID SECTION 3CI.'
(EXCEPTING Au.THAT PART OF THE NOFT111360F SECTION TOWNSHIP 41 NORM,RANGE 5
EAST oF THE THIRD PRINCIPAL MERIDIAN, WHICH IS OSED 1NFTHIN THE FOLLOWING
DESCRIBED BOUNDARY LINEs, BEGINNING AT A POINT INE0 BY MEASURING FROM
THE NORTHEAST CORNER Of THE NORTHWEST 34 OF SAID SECTION 30,'. EST ALONG SAID
SECTIoN UNE 3 CHAINS AND 15 LINKS AND TFENCE SOUTH 09 DEGREES AND 45 MINUTES
WEST 1700 I- TO THE SOUTHERLY UNE OF THER/GNT OF WAY OF SAID CHICAGO AND
PACIFIC RAILROAD COMPANY, SAID SOUTHERLY LINE BEING PARALLEL 111FTTH AND 50 heti
DISTANT FROM THE CENTER UNE OF THE RIGHT Of WAY OF SAID CHICAGO AND PACIFIC
RAILROAD COMPANY FOR A POINT OF SimINNING.THIENCO RUNNING SOUTH 05 DEGReEs
AND 45 MINUTES WEST 344 FEET, THENCE RUNNING EASTRIARD ON A STRAIGHT LINE 706
-
FEET TO A POINT IN THE AFORESAID SOUTHERLY BOUNDARY LINE OF RIGHT OF WAY.
THENCE WESTERLY ALONG SAID SOUTHERLY LINE OF RIGHT OF WAY WEST 750 FEET TO THE
POINT OF BEGINNING,ALL.IN COOK COUNTY,ILLINOIS. •
THAT PART OF THE EAST% Of SECTION 25,TOWNSHIP&I NORM RANGE 8.EAST OF THE
THIRD PRINCIPAL MERIDIAN, DasclueM AS FOLLOM COOMAENOING Al THE NORTHEAST .
• CORNER OF SAID SECTION 25-,THENCE SOUTHERLY?LONG'Of EAST UNE OF SAID SECTION
• 25,235G0 FEETYO THE POINT OF BEGINNING;THENCE SOUTH 90 DEGREE 02 MINUTES 0
SECONDS WEST, 731.0 FEET ALONG A SOUTHERLY UNE OThE PARCEL RECORDED AUGUST
15,1950 PER DOCUMENT 866117;THENCE Gotta' 137 DEGREES 64 MINUTES 0 SECONDS WEST,
841.4 FEET ALONG SAID sainiim.y UNE OF THE PARCEL OF LAND RECORDED AUGUST 15,
1950 PER DOCUMENT 055117 TO THE CENTER LITE OF STATE ROUTE NO.26;THEN- DE
souTHERLY ALONG SAID CENTER UNE,113.00 FEET;THENCE SOUTHEASTERLY ALONG A
UNE WHICH FORME AN ANGLE OF 60 DEGREES ST MINUTES 17 SECONDS TO THE LEFT
1MTH THE PROLONGATION OF THE LAST DESCRIBED COURSE, arm mu TO.THE EASTERLY
. RIGHT OF WAY LINE CIF STATE ROUTE 25 TO THE NOOTI-MEST CORNER OF THE PARCEL
RECORDED OCTOBER 12,TEM PER DOCUMENT 1,301025714 THENCE CONTINUING
SDLRNEASTERLY ALONG THE LAST DESC01.19ED COURSE, 4.E5 FEETALONG SAI(PARCEL
HEMMED OCTOOER 12,1999 PER DOCUMENT 1999N097125:THeNCE Sou TIEA.sTERLY AND
EASTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 37470 FEET AND BEING
TANGENT TO THE LAST DESGRIBED COURSE, 251.07 FEETALONG SAND FAROS.RECORDED
OCTDIER 12,1999 PER DOCUMENT 19991009712R THENCE Y TANGENT TO THE LAST
pESCRIBED CURVE. 10126 FEET ALONG sA93 PARER.RECOR EO OCTOBER 12.1009 PER
DOCUMENT 1993E09712R THENCE EASTERLY ALONG A CURVE TO 7HE RIGHT HAYING A
RADIUS OF 61419 PEETAND KING TANGENT TO THE LAST DOOMED eOURSE. 116.15
FEET ALONG SAID PARCEL RECORDED OCTUBFSR 12,1999 PER DOCUMENT 10991K0971ZIII;
THENCE EASTERLY TANGENT TO THE LIST DESCRIBED AJRVE, 1615 =TALONS SAID
PARCEL RECORDED OCTOBER 12. 1999 PER OQCUMENT 1299,7128 TO THE WEST LINE OF THE
PARCEL RECORDED OGTO8(26.1996 PER DOCUMENT 98K0-191647;THENCE NORM.22.15 FEET
TO THE NORTH L OF THE SOUTHEAST QUARTER OF SAID SECTION 25 ALONG SAID WEST UNE
OF A PARCEL RECORDED OCTOBER 2E,190$PER DOCUMENT 900799647 TO THE NORTH LINE OF
SAID PARCEL RECQRDED OCTIDOER 26,1999 PER DOCUMENT 9pK099647THENCE EAST ALONG
SAID NORTH UNE OF THE SOUTHEAST QUARTER OF SE=CTION 25 ALONG THE NORTH iJNE MID
PARCEL_RECQRCE37 OCTOBER 29.199e PER DOCUMENT 91310295547,980.76 FEET TO THE
NORTHEAST CORNER OF THE BOUTHEABT QUARTER OF SAID SECTION 25:THENCE
NORTHERLY.29715 FEET ALONG SAID EAST LUNE OF SECTION 25 TO THE POINT Of BEGINNING;
ALL IN K INE COUNTY,ILLlN01a.
THAT PART OF SECTION 30TOWNSHIP 41 NORTH. RANGE 9 or THE T HiRD PRINCIPAL
MERIDMW DESCRIBED AS FOLLOIW&LYING N;OUTH OF THE SOUTH RIGHT OF WAY ME OF
THE CHICAGO.MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD;EAST OF THE WEST LPE OF
SND SECT 1oN 30t NORTH OF THE swat 1500.00 FEET OF SAID SECTION 30 WEST OFA UNE
BEING PERPENDICULAR TO SAID NORTH UNE OF THE SOUTH 1800.00 FEET OF SAID SECTION
30 AND 2508A2 FEET WESTERLY OF THE CENTERLINE OF 13TFFORD ROAD AS MEASURE'
ALONG SMD NORTH UNE of THE SOtffll 180400 FEET OF SAID SECTION 3Q EXCEPTING THAT
PART OF THE SOUTHWEsT QUARTER OF SECTION 1I0.TOWNSHIP Al NORTH, RANGE 9 5AST
OF THE THIRD pRNNCIPAL MERIDIAN, DESCRIBED AS F)U.O B: BECGINNING AT THE
NONTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTIONI 25.TOWNSHIP 41 NCKfH,
RANGE II EAs T OF THE-Niro PRINCIPAL MERINO'',KANE COII<Jrm,ILLINOIS;THENCE soUTH
59 OEGRSE11 21 MINIJIES 69 SECONDS EAST ALONG"THE EAS ItRLY EXTENSION OF THE
NORTH UNE OF SAE sOUTHEAST QUARTER.A DISTANCE OF 4E511 FEET: THENCE SOUTH 01
DEGREE 45 MINUTES 29 SECONDS V*3T 1111.33 PEET TO A Lff NE 1500.0 FEET NORTH OF AND
PARAU.Ei. wrEH THE SOUTH UNE OF SAID SOUTHWEST QUARTER (AS MEASURED
PERPENO CULAR TO SAID SOUTH.UNE); THENCE NORTH 60 DEGREES 05 MINUTES 19
SECONDS WEST ALONG SAID PARALLEL LINE, 458.0 FNEEl' TID THE NEST UNE OF SAID
SOUTHWEST QUARTER;THENCE NORTH 01 DEGREE 48 MUMS 35 secoNDS EAST ALONG
SAID WEST UNE, 1109.12 FEET To THE PONT OF BEGINNING ALSO AND Er..OWTEIG THAT
PMT OF THE SOU'ITiWEST QUARTER Of 1:jEt.110N 30, TOWNSHIP[1 NORTH,RANGE 0 gar.
OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED ED AS FOI.LdINB: COMMENCING AT THE
NORTHEAST CORNER OF THE SOUTHEAST QUANTER OF SECTION 25,TOWNSHIP 41 NORTH.
RANGE a EAST of THE THIRD PRINCIPAL MERIDIAN,KANE ootnni,ILUNOIS:THENCE SOUTH
e e DEGREES 21 matures 59 SECONDS FAST ALONG he EAST1ERLY E)CTENSION OF THE
NORTH LINE OF SAID SOUTHF.AST QUARTER. 456.0 I-tti FOR THE POINT OF BEGINNING;
THENCE CONTINUING SOUTH au DEGREES 21 MINUTES.50 SECO E EAST,A DISTANCE OF
78274 PEET.THENCE SOUTH 01 DEGREE 45 MINUTES 25 SECOI1DO WIEST 1115.12 FEET TO A
UNE 1500.0 PEET NORTH OF AND 9P4 M.LE1.WITH THE SOUTH.LINE OF SAID SOUTH}EST
QUARTER (AS MEASURED PERPENDICULAR TQ 6/1x7 souTH UNE); THENCE NORTH es .
DEGREES OS MINUTES 1e SECONDS WATT AMONG SAID PARALLEL UNE 711267 FEET;THNOE
NORTH 01 DEGREE 45 MINUTES 36 SECONDS EAST AND PARALLEL TO THE WEST UNE OF SAID
SDU7TANEST clUARTliFt. 1111.33 FEET TO THE POINT Of.SEGTNNI IG,AU.IN COOK COUNTY.
ILLINOIS.
•
parcel 1`
That part of the Southeast 1/4 of Section 25, Township 41 North,Range 8
East of the Third Principal Meridian lying East of the center line ofRoute 25
and South of a line 1500 feet North ot; as measured at right angles to the
South line of said Southeast 1/4 in the Township Of Elgin, Kane County,
Illinois.
Parcel
That part of the Northeast 1/4 of Section 36,Township 41 North,Range 8
East of the Third Principal Meridian,described as fellows: Beginning at the
Southeast corner of said Northeast 1/4;thence Westerly along the South line
of said Northeast 1/4 8312 feet to a point 544 feet East ot;as measured along
said South line,the center line of State Rlaute 25;thence Northerly parallel
to the centerline of State Route 25.a distance of 1344.8 feet;thence Westerly
544 feet to a point in the center line of said highways;thence Northerly along
the center line of said State Route 1271.4 feetthe North line of said
Northeast 1/4;thence East along said North line 147.3 feet to the Northeast
corner ofsaid Section;thence South along the Easti;of said Northeast 1/4,
2627.4 feet to the point of beginning,in the Towns hpof Elgin,Kane County,
Illinois.