06-281 Resolution No.06-281
RESOLUTION
AUTHORIZING EXECUTION OF AN EXCHANGE AGREEMENT
WITH PULTE HOME CORPORATION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN,ILLINOIS,that
Ed Schock, Mayor, and Dolonna Mecum, City Clerk,be and are hereby authorized and directed to
execute an Exchange Agreement with Pulte Home Corporation on behalf of the City of Elgin for
exchange of real estate in connection with Fire Station No. 7, a copy of which is attached hereto and
made a part hereof by reference.
Ed Schock, Mayor
Presented: November 29, 2006
Adopted:
Vote: Yeas Nays
Recorded:
Attest:
Dolonna Mecum, City Clerk
EXCHANGE AGREEMENT
This Agreement made and entered into this_day of , 2006,by and between
THE CITY OF ELGIN, a municipal corporation of the Counties of Kane and Cook, State of
Illinois (the "City"), and PULTE HOME CORPORATION, a Michigan corporation ("Pulte");
WITNESSETH:
WHEREAS, the Pulte is the record owner of certain real estate in the City of Elgin, Kane
County, Illinois, described on Exhibit "A-1" and depicted on Exhibit "A-2",both attached hereto
and made a part hereof by this reference("Water Road Parcel"); and
WHEREAS,Pulte is also the record owner of certain real estate in the City of Elgin,
Kane County, Illinois, originally described on Exhibit "B-1" and currently known as Lot 108 of
the Reserve of Elgin and depicted on Exhibit "B-2",both attached hereto and made a part hereof
by this reference ('Bowes Road Parcel"); and
WHEREAS,Pulte is contractually obligated to convey the Bowes Road Parcel to the
City pursuant to the provisions of a certain Annexation Agreement between the City and Pulte,
dated June 11, 2003 (the "Reserve Agreement"); and
WHEREAS, the City and Pulte are desirous of exchanging the Water Road Parcel for
that portion of the Bowes Road Parcel legally described on Exhibit "C-1" and depicted on
Exhibit"C-2" ('Bowes Road Exchange Parcel");and
WHEREAS, Pulte plans to use the Bowes Road Exchange Parcel for the development of
forty-eight (48) townhome units substantially identical to the townhome units currently being
developed by Pulte on property adjacent to the Bowes Road Exchange Parcel, known as "The
Reserve"; and
WHEREAS,the City plans to use the Water Road Parcel for the construction thereon of
a public safety building; and
WHEREAS,the City and Pulte acknowledge and agree that, in order to give effect to the
provisions of this Exchange Agreement, it will be necessary to amend the Reserve Agreement
and a certain Annexation Agreement between the City and Pulte, also dated June 11, 2003 (the
"Edgewater Agreement"), which governs the development of the Water Road Parcel.
NOW, THEREFORE, in consideration of the mutual covenants and agreements
contained herein, it is agreed as follows:
1. Property and Fair Market Value. The City and Pulte agree that the Water Road
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Parcel is comprised of 3.46 acres, more or less, and the Bowes Road Exchange Parcel is
comprised of 11.2622 acres, more or less. The City and Pulte further agree that, notwithstanding
the difference in the size of the two parcels, the fair market values of the two parcels are equal.
2. Exchange of Property: In consideration of the conveyance by Pulte to the City at
Closing of the Bowes Road Parcel minus the Bowes Road Exchange Parcel (the "Remaining
Bowes Road Parcel") and of other good and valuable consideration,the receipt and sufficiency of
which is hereby acknowledged, Pulte agrees at Closing to convey the Water Road Parcel to the
City. The acceptance by the City of the conveyance of the Remaining Bowes Road Parcel and
the Water Road Parcel shall be deemed to be full compliance by Pulte of the requirement in the
Reserve Agreement relative to the conveyance of the Bowes Road Parcel to the City.
Notwithstanding the foregoing, Pulte shall be required at its cost and expense to construct the
bicycle path as specified in Section 5B of the Reserve Agreement. Pulte shall also make all
payments to the City as specified under the Reserve Agreement and the Edgewater Agreement,
including, without limitation, the payments specified under Section 5B of the Reserve Agreement
and under Section 5C of the Edgewater Agreement.
3. Conveyance of City Property. The conveyances by Pulte to the City of the
Remaining Bowes Road Parcel and the Water Road Parcel shall be by recordable special
warranty deed, subject only to: (a) general real estate taxes not yet due an payable on the Closing
Date; (b)public utility easements; (c) zoning laws, statutes, and ordinances; and (d)matters or
objections to title arising after the date hereof due to or created by any act or caused by the City.
4. Entitlements. A. The parties represent and warrant to each other that both the
Water Road Parcel and the Bowes Road Parcel have been duly annexed to the boundaries of the
City. Pulte shall take all steps reasonably required for, and the City shall give reasonable
consideration to, the adoption by the City of. (i) amendments to the Reserve Agreement and the
Edgewater Agreement; (ii) ordinances rezoning the Water Road Parcel and the Bowes Road
Exchange Parcel sufficient to allow the development on the Water Road Parcel of a public safety
building as required by the City and the development on the Bowes Road Exchange Parcel of
forty-eight(48) townhome units substantially identical to the townhome units currently being
developed by Pulte on The Reserve, as depicted on Exhibit "C-2"; and (iii)resubdivision of the
Bowes Road Parcel into two (2) lots in accordance with Exhibit "C-2". The City acknowledges
and agrees that Pulte's duties and responsibilities with respect to the Water Road Parcel pursuant
to this Exchange Agreement are specifically conditioned upon the adoption by the City of the
entitlements set forth above for the benefit of the Bowes Road Exchange Parcel.
B. The City and Pulte further acknowledge and agree that Pulte shall (i) provide
storm water management facilities in the Edgewater project for the development by the City of
the Water Road Parcel and (ii) promptly initiate, and complete by March 15, 2007,the
installation of sanitary sewer service to Longcommon Parkway in accordance with final
engineering plans prepared by Manhard Consulting Ltd. dated May 11, 2006, with a final
revision date of August 21, 2006.
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C. The City agrees that, in the development of the Bowes Road Exchange Parcel,
Pulte shall pay only those impact fees paid by Pulte in the development of the original Reserve
project, including any annual increases to such impact fees.
5. Survey. Pulte shall furnish the City a plat of survey for both the Water Road
Parcel and the Remaining Bowes Road Parcel, each such survey being prepared by Manhard
Consulting, Ltd. and dated not more than thirty(30)days prior to the Closing Date. The surveys
of the Water Road Parcel and the Remaining Bowes Road Parcel shall (a)be made and so
certified by the surveyor to the City and the Title Company, defined in paragraph 6 hereof, as
having been made in accordance with the minimum standard detail requirements for ALTA-
ASCM Land Title Surveys, 1997, including,without limitation, all items (except for Items 7, 9,
and 12 in Table A thereof) and (b) identify the Water Road Parcel and the Remaining Bowes
Road Parcel by legal description and set forth the acreage and number of square feet contained
therein,including any part thereof lying within road rights-of-way, and (c) shall further show: (i)
the location, course, and recording numbers, if applicable, of all water, gas, electric, and sewer
lines and other easements, either visible or recorded, and building lines; (ii)private streets,roads,
alleys, and highways; (iii) no encroachments thereon or by any improvements located thereon
encroaching on adjacent property which interfere with Purchasers's intended use of the Property;
(iv) the absence or location of any flood plains,wetlands, or other special environmentally
controlled or protected areas; and (v) all natural monuments, existing fences, drainage ditches,
tiles, water courses,building or site improvements, and other restriction lines which affect any
portion of the Property. Such surveys shall otherwise be reasonably satisfactory in form and
substance to the City.
6. Title. Not less than ten (10) days prior to the Closing Date contemplated in this
Agreement, Pulte shall, at its own expense, furnish the City a title commitment for a 1970 ALTA
.Owner's Title Insurance Policy issued by Chicago Title Insurance.Company(the "Title
Company") in the minimum amount of insurance covering title to the Water Road Parcel and the
Remaining Bowes Road Parcel on or after the date of this Agreement. Such commitments shall
show title in Pulte subject only to: (a) title exceptions set forth in paragraph 3 of this Exchange
Agreement; (b) title exceptions pertaining to lien or encumbrances of a definite or ascertainable
amount which may be removed by the payment of money at the time of Closing and which Pulte
shall so remove at that time, and(c) other matters of title over which the'Title Company is
willing to insure without cost to the City. At Closing,Pulte shall furnish to the grantee(y) an
affidavit of title in customary form covering the date of Closing and showing title in Pulte subject
only to the permitted exceptions and(z) such other documents as are customary to complete the
closings contemplated in this Exchange Agreement.
7. Title Clearance. If the title commitment or plat of survey discloses either
unpermitted exceptions or survey matters that render the title not in conformance with the
provisions of this Exchange Agreement, Pulte shall have thirty(30) days from the date of
delivery thereof to have the exceptions removed from the commitment or to correct such survey
defects, or to have the Title Company commit to insure against loss or damage that may be
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associated by such exceptions or survey defects, and, in such event, the time of Closing shall be
thirty(30) says after the delivery of the commitment or the time expressly specified in paragraph
8 hereof, whichever is later. If Pulte fails to have the exceptions removed or correct any survey
defects, or in the alternative, to obtain the commitment for title insurance specified above as to
such exceptions or survey defects, the City may terminate this Exchange Agreement or may elect,
upon notice to the other party within ten (10) days after the expiration of the thirty(3 0)day
period, to take title as it then is. If the City does not so elect, this Exchange Agreement shall be
deemed terminated and null and void with no further liability of either party hereunder.
8. Closin . The Closing shall take place at the Chicago Title Insurance Company
office in Elgin, Illinois, within thirty(30) days after the execution of(a) this Exchange
Agreement, (b) the amendments of the Reserve Agreement and the Edgewater Agreement
required by the transaction contemplated in this Exchange Agreement (the "Closing Date"),
unless this Agreement is terminated sooner pursuant to the provisions of paragraph 7 or
otherwise hereunder. At Closing, each party shall pay one-half('/Z) of the standard closing costs
of the Title Company; real estate taxes shall be prorated to the Closing Date,based upon the last
ascertainable assessment and rate applicable to each parcel. Each party shall be responsible for
its own attorney's fees.
9. Default. Notwithstanding anything in this Agreement to the contrary,neither
party shall exercise any rights to terminate this Agreement in the event of a default committed by
the other party unless such default remains uncured at 5:00 P.M. on the fifth (5th) day next
following the date on which the party not in default delivers to the party in default a written
notice stating in reasonable detail the nature of the default.
10 Representations, Warranties and Covenants. Without limitation of any other
provision of this Agreement and as a material inducement to each party's entering into this
Agreement, each party represents, warrants, and covenants with respect to such party's parcel to
the other party that:
A. From and after the date hereof, each party agrees not to(a) sell, transfer,convey,
or encumber or cause to be sold, transferred, conveyed, or encumbered, that
party's Property or any part thereof, or(b) alter or amend the zoning classification
of such Property, except as requested by the intended grantee to permit its
intended use of such Property, or(c) otherwise perform or permit any act or deed
which shall diminish, encumber, or affect the intended grantee's rights in and to
the applicable parcel or prevent Seller from performing fully his obligations
hereunder, in each case without the express written consent of the intended
grantee;
B. To each party's knowledge and belief, there are, and as of the Closing Date there
will be, no violations of any Federal, state, county, or municipal statutes, laws,
codes, ordinances, rules,regulations, orders, decrees, and directives relating to the
A:\EXCHG5-I.WPD 4
use and condition of such party's parcel of which it has notice. Each party
covenants and warrants that it shall notify the other party in writing with respect to
matters of which it has notice on or before the Closing and shall take such action
as may be necessary to comply with such statutes, laws, regulations, codes,
ordinances, rules, orders,decrees, and directives relating to the use or condition of
the applicable parcel prior to the Closing;
C. To each party's knowledge and belief(i) each party, or any agent thereof,has not
received any notice from any governmental or quasi-governmental body or agency
or from any person or entity with respect to, and does not know of, any actual or
threatened taking of, the applicable parcel or any portion thereof for any public or
quasi-public purpose by the exercise of the right of condemnation or eminent
domain and (ii) there is no claim, litigation, proceeding, or governmental
investigation pending or threatened against or relating to the applicable parcel or
any portion thereof, or against the transactions contemplated by this Agreement,
or against the intended grantor which affects the intended grantor's ownership of
the applicable parcel,this transaction, or the ability of the intended grantor to
perform hereunder;
D. To each party's knowledge and belief, neither the execution nor delivery of this
Exchange Agreement, consummation of the transactions contemplated hereby, nor
fulfillment of or compliance with the terms and conditions hereof conflicts with or
will result in a breach of any of the terms, conditions, or provisions of any
agreement or instrument to which such party is a party or by which it is bound, or
constitutes a default under any of the foregoing, or results in the creation of a lien,
claim, charge, or encumbrance on the applicable parcel other than those matters
approved by the intended grantee pursuant to the terms hereof; and this Exchange
Agreement and all documents to be executed pursuant hereto by the intended
grantor are and shall be binding upon and enforceable there against in accordance
with their respective terms;
E. To each party's knowledge and belief, no labor,material, or services have been
furnished by or at the direction of the intended grantor in, on, or about the
applicable parcel, or any part thereof, as a result of which any mechanics',
laborer's, or materialmen's liens or claims thereof might arise. No person has any
right of first refusal or any option to acquire title to the intended grantor's parcel or
any part thereof.
F. To each party's knowledge and belief. no Hazardous or Toxic Material (as
hereinafter defined) exists on or under the surface of the intended grantor's parcel
or in any surface waters or ground waters on or under such parcel, and no escape,
seepage, spillage, discharge, emission, or release of any Hazardous or Toxic
Material has occurred or shall occur on, under, above, or emanate from such
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parcel; no parcel has, is not now, and will not be used as a sanitary landfill, dump
site, industrial disposal area, treatment, or storage site for Hazardous or Toxic
Material or for any other similar use, on either a permanent or temporary basis;
there are no underground storage tanks other than sanitary septic tanks, buried
waste or drums on, in, or under any such parcel; and there are no pending or
anticipated suits, actions, investigations,proceedings, liens, or notices from any
governmental or quasi-governmental agency with respect to any such parcel, the
intended grantor, or Environmental Laws (as hereinafter defined). For purposes
of this Agreement, the term Hazardous or Toxic Material shall be defined to
include: (i) asbestos and urea formaldehyde or any material composed of or
containing asbestos or urea formaldehyde in any form and in any type, or(ii) any
hazardous, toxic, or dangerous waste, contaminant, pollutant, substance, material,
smoke, gas, or particulate matter, as from time to time defined by or for purposes
of the Comprehensive Environmental Response Compensation and Liability Act,
as amended, and any law commonly referred to as of the date hereof as
"Superfund" or "Superlien" or any successor to such laws, or any other Federal,
state, or local environmental,health, or safety statute,ordinance, code, rule,
regulation, order, or decree regulating,relating to, or imposing liability or
standards concerning or in connection with hazardous, toxic, or dangerous wastes,
substances, material, as or particulate matter as now or at any time hereinafter in
effect (collectively, the "Environmental Laws").
G. In the event of any of the foregoing representations, covenants, and warranties are
not true and accurate and the applicable party cannot or does not correct said
representations, covenants, and warranties and accept liability for any damages
incurred by the other party as a result of the inaccuracy thereof, the aggrieved
party shall have the right to rescind this Agreement prior to or at the Closing.
11. Prohibited Transactions. From and after the date hereof, neither party shall, and
shall not permit any third party to, without the express written consent of the intended grantee:
(a) enter into any lease, contract, or agreement or grant any rights (including licenses and
easements)respecting the applicable parcel or any portion thereof; (b) create or suffer any right,
claim, lien, or encumbrance of any kind or nature whatsoever on the applicable parcel or any
portion thereof, or(c) add or remove soil from the applicable parcel or otherwise dump or
abandon any property, materials, or chemicals thereon. If any third party shall add or remove soil
from any parcel or otherwise dump or abandon any property, materials, or chemicals thereon,the
intended grantor shall cause said third party to remove anything dumped or abandoned thereon
and restore such parcel to its condition prior to such dumping or abandonment, and if such third
party shall fail to do so, the aggrieved party shall have the right to rescind this Agreement prior to
or at the Closing.
12. Brokers. The parties represent and warrant to each other that neither dealt with a
broker or finder with respect to the transaction contemplated hereunder, and each party hereby
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indemnifies and agrees to save, defend, and hold the other party harmless from and against any
loss, cost, damage, claim, liability, or expense, including but not limited to reasonable attorneys'
fees and litigation costs suffered or incurred by such other party as a result of a breach of the
foregoing warranty.
13. Assurances of Cooperation. The parties hereby covenant and agree that they will
at all times prior to or after the Closing, and from time to time do, execute, acknowledge, and
deliver or will cause to be done, executed, acknowledged, and delivered all such further acts,
documents, and instruments as may reasonably be required by the other party, and following
reasonable approved by counsel for the party to perform, in order to carry out fully and effectuate
the transaction herein contemplated in accordance with the provisions of this Exchange
Agreement.
14. Possession. Each party agrees to deliver sole and exclusive possession of the
applicable parcel to the intended grantee at Closing.
15. Closing Procedure. The date on which the escrow is closed and each grantee
acquires title to the applicable parcel is herein referred to as the "Closing". The Closing shall
occur as provided in Paragraph 8 of this Agreement. If the Closing or any other date on which
any payments are required hereunder shall fall on a Saturday, Sunday, or legal holiday, then the
date contemplated thereby shall be extended to the next business day.
16. Authoritv. The parties represent to each other that each has the power and
authority to enter into this Exchange Agreement in the names, titles, and capacities herein stated
and on behalf of entities, persons, estates, or firms represented or purported to be represented by
such person and further represent that all formal requirements necessary or required by any
statutes,laws, ordinances, codes,rules, regulations, orders,decrees, directives, articles of
incorporation, charters, or bylaws for each of them to enter into this Exchange Agreement have
been complied with.
17. Entire Agreement. This Exchange Agreement represents the entire agreement
between the parties hereto and shall not be modified or affected by any offer, proposal, statement,
or representation, oral or written,made by or for either party in connection with the negotiation
of the terms hereof. No future modification,termination, or amendment of this Agreement may
be made, except by written agreement executed by the parties hereto. No failure by the parties
hereto to insist upon the strict performance of any covenant, duty, agreement, or condition of this
Exchange Agreement or to exercise any right or remedy upon a breach thereof shall constitute a
waiver of any such right or remedy or any other covenant, agreement, term, or condition. Any
party hereto,by written notice, may, but shall be under no obligation to,waive any of its rights or
any conditions to the obligations hereunder, or any duty, obligation, or covenant of any other
party hereto. No waiver shall affect or alter this Exchange Agreement, but each and every
covenant, agreement, term, and condition of this Exchange Agreement shall continue in full force
and effect with respect to any other then existing or subsequent breach thereof.
AAEXCHG5-1.WPD 7
18. Time. Time shall be of the essence of this Exchange Agreement and the
performance of all covenants, agreements, and obligations hereunder.
19. Notices. All elections, notices, and other communications to be given hereunder
by either party to the other shall be in writing and sent by(i) facsimile transmission to the other
party's attorney at the number set forth below with a follow-up via United States mail, (ii)
personal delivery, (iii) overnight courier with evidence of receipt, or(iv) certified or registered
mail, return receipts requested, postage prepaid, addressed:
If to the City: City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: City Clerk
With a copy to: City of Elgin
150 Dexter Court
Elgin, Illinois 60120
Attention: Corporation Counsel
If to Pulte: Pulte Home Corporation
2250 Point Boulevard, Suite 401
Elgin, Illinois 60123
Attention:
With copy to: Mr. Richard L. Heimberg
Brady& Jensen, LLP
2425 Royal Boulevard
Elgin, Illinois 60123
or at such other addresses or fax numbers as the parties may designate to the other by written
notice in the manner herein provided. Any such notice or election shall be effective upon
delivery, if personally delivered, one(1) day after delivery to the overnight courier or two(2)
days after depositing same in the United States mails.
20. Severability. If any provision of this Exchange Agreement or the application
thereof to any person or circumstance shall be invalid or unenforceable to any extent, the
remainder of this Exchange Agreement and the application of such provision to other persons or
circumstances shall not be affected thereby and shall be enforced to the fullest extent permitted
by law.
21. Non-Merger. The terms and provisions of this Exchange Agreement shall not
merge with,be extinguished, or be otherwise affected by any subsequent conveyance or
instrument by or between the parties hereto unless such instrument shall specifically so state and
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be signed by both parties.
22. Cations. Captions of paragraphs herein are inserted only for convenience and are
in no way to be construed as a part of this Exchange Agreement or as a limitation of the scope of
the particular paragraphs to which they refer.
IN WITNESS WHEREOF, the City and Pulte have executed this Exchange Agreement
the day and year first above written, intending to be legally bound hereby and warranting
authority to execute the same.
CITY OF ELGIN, ILLINOIS
By:
Mayor
ATTEST:
By:
City Clerk
PULTE HOME CORPORATION
By:
Its N/cf
s �..
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THAT PART OF THE WEST HALF OF THE NORTHWEST QUARTER OF SECTION 29,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN IN KANE
COUNTY, ILLINOIS DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID NORTHWEST QUARTER THENCE;
NORTH 01 DEGREES 04 MINUTES 36 SECONDS WEST,535.09 FEET ALONG THE WEST
LINE OF THE WEST HALF OF SAID NORTHWEST QUARTER; THENCE NORTH 88
DEGREES 55 MINUTES 24 SECONDS EAST,33.00 FEET TO A POINT ON A LINE 33.00
FEET EASTERLY OF AND PARALLEL WITH THE LAST DESCRIBED COURSE, SAID POINT
BEING THE POINT OF BEGINNING;THENCE NORTH 01 DEGREES 04 MINUTES 36
SECONDS WEST,725.00 FEET ALONG SAID PARALLEL LINE;THENCE NORTH 88
DEGREES 55 MINUTES 24 SECONDS EAST,209.50 FEET;THENCE SOUTH 01 DEGREES
04 MINUTES 36 SECONDS EAST,556.83 FEET TO A POINT OF CURVATURE; THENCE
SOUTHERLY 160.56 FEET ALONG THE ARC OF SAID CURVE CONCAVE WESTERLY
HAVING A RADIUS OF 460.00 FEET,A CHORD BEARING SOUTH 08 DEGREES 55 MINUTES
22 SECONDS WEST AND A CHORD DISTANCE OF 159.75 FEET;THENCE SOUTH 18
DEGREES 55 MINUTES 21 SECONDS WEST, 16.60 FEET TO A POINT OF CURVATURE;
THENCE SOUTHWESTERLY 15.30 FEET ALONG THE ARC OF SAID CURVE CONCAVE
NORTHWESTERLY HAVING A RADIUS OF 10.00 FEET,A CHORD BEARING SOUTH 62
DEGREES 45 MINUTES 37 SECONDS WEST AND A CHORD DISTANCE OF 13.85 FEET TO
A POINT OF REVERSE CURVATURE;THENCE WESTERLY 70.95 FEET ALONG THE ARC
OF SAID REVERSE CURVE CONCAVE SOUTHERLY HAVING A RADIUS OF 230.00 FEET,A
CHORD BEARING NORTH 82 DEGREES 14 MINUTES 22 SECONDS WEST AND A CHORD
DISTANCE OF 70.67 FEET;THENCE SOUTH 88 DEGREES 55 MINUTES 24 SECONDS
WEST, 93.82 FEET TO THE POINT OF BEGINNING.
CONTAINING 150,506 SQUARE FEET(3.46 ACRES)MORE OR LESS.
PREPARED OCTOBER 18, 2005
PREPARED BY:
MANHARD CONSULTING, LTD.
2050-50 FINLEY ROAD
LOMBARD, IL 60148
PHONE(630)691-8500
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LEGAL DESCRIPTION
THAT PART OF SOUTHEAST QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8,
EAST OF THE THIRD PRINCIPAL MERIDIAN DECRIBED AS FOLLOWS:
COMMENCING AT CENTER OF SAID SECTION 29;THENCE SOUTH 00 DEGREES 46 MINUTES
42 SECONDS EAST,ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 3.80 FEET, TO A
POINT ON CENTERLINE OF BOWES ROAD;THENCE NORTH 88 DEGREES 49 MINUTES 00
SECONDS EAST,ALONG SAID CENTERLINE, 135.67 FEET; THENCE SOUTH 01 DEGREES 11
MINUTES 00 SECONDS EAST,60.00 FEET,TO THE POINT OF BEGINNING;
THENCE NORTH 88 DEGREES 49 MINUTES 00 SECONDS EAST, ALONG A LINE BEING 60 FEET
SOUTH OF AND PARALLEL TO SAID CENTER LINE, 1,580.29 FEET; THENCE SOUTH 01
DEGREES 11 MINUTES 00 SECONDS EAST, 752.84 FEET;THENCE SOUTH 70 DEGREES 06
MINUTES 34 SECONDS WEST, 111.96 FEET;THENCE SOUTH 24 DEGREES 47 MINUTES 19
SECONDS WEST, 87.69 FEET;THENCE SOUTH 42 DEGREES 21 MINUTES 20 SECONDS WEST,
263.08 FEET; THENCE SOUTH 51 DEGREES 15 MINUTES 02 SECONDS WEST, 136.92 FEET;
THENCE SOUTH 58 DEGREES 15 MINUTES 55 SECONDS WEST, 183.70 FEET; THENCE SOUTH
79 DEGREES 32 MINUTES 46 SECONDS WEST, 91.40 FEET;THENCE NORTH 33 DEGREES 13
MINUTES 26 SECONDS WEST,466.75 FEET;THENCE NORTH 06 DEGREES 53 MINUTES 29
SECONDS EAST, 92.60 FEET; THENCE NORTH 60 DEGREES 00 MINUTES 11 SECONDS EAST,
98.55 FEET;THENCE NORTH 57 DEGREES 28 MINUTES 06 SECONDS EAST, 92.35 FEET;
THENCE SOUTH 81 DEGREES 52 MINUTES 25 SECONDS EAST, 140.08 FEET; THENCE NORTH
53 DEGREES 01 MINUTES 40 SECONDS EAST, 207.10 FEET;THENCE NORTH 24 DEGREES 29
MINUTES 40 SECONDS WEST,226.61 FEET; THENCE NORTH 70 DEGREES 43 MINUTES 59
SECONDS WEST,224.35 FEET;THENCE SOUTH 68 DEGREES 37 MINUTES 40 SECONDS
WEST, 113.91 FEET;THENCE SOUTH 31 DEGREES 26 MINUTES 10 SECONDS WEST, 127.39
FEET;THENCE SOUTH 73 DEGREES 33 MINUTES 55 SECONDS WEST, 329.45 FEET;THENCE
NORTH 66 DEGREES 37 MINUTES 15 SECONDS WEST, 84.01.FEET;THENCE NORTH 53
DEGREES 27 MINUTES 40 SECONDS WEST, 223.45 FEET;THENCE NORTH 28 DEGREES 12
MINUTES 32 SECONDS WEST, 155.06 FEET;THENCE NORTH 06 DEGREES 04 MINUTES 31
SECONDS WEST, 206.31 FEET, TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS.
CONTAINING 1,089,000 SQUARE FEET, (25.00 ACRES) MORE OR LESS.
EXHIBIT
EXHIBIT "
I
I •
I N
POINT OF
COMMENCEMENT
a
18 I 1 �y
V N 8 '07'05' E 2653.91' �
ROAD
L4 I
�'N G PONT OF is '�y
a, BEGINNING $
s vti 0419 J
4?3 X22 1
L6
M ^
� v
�0
N
P I�
5�
to
op 0
t cO9
r218N,C'
S 88'47'47" W 2667.54' 32 33
3
UNE TABLE
UNE BEARING LENGTH
DETAIL Lz� s 3.
SCALE 1".50' L3 0 11' 60.
L4 y.
POINT OF COMMENCEMENT L6 1' 7
S 'J4' W 1 .98'
t6R J—X L7 •Yl ' .6
L8
S. LINE OF N.E. QUARTER OF SECTION 29 �U 0
S 5 1 1 6
5 S 5, 83.
L11 -
p, Ll$' L2 L12 N 3 8" W 468. 5'
N R• CENTER LINE OF BOWES ROAD( L13 N 06'S ' 9 .60'
/7 L14 001 9
L N 8'08' 92.35'
POINT OFD L16 s er 140.08•
BEGINNING 5301'40• 7.10•
Lib N 9'40' 6.61'
L19 70'43.3 . 2 4.
L20 58'JY40- W 113.
L21 31 '0'W 7.39'
L22 S 73'33'55' W 329.4
DATR 84.0
L2J N 66'37'15'W sYeegw ry L24
N 5 7'40' W 23. '
L25 87 '3"W 155.08'
L28 N 4'31"W 206. '
AREA as 25.00 ACRES (1,089,000 SQUARE FEET) MORE OR LESS
MANHAM CONSULTING Lam. _
ENGINEERS •SURVEYORS• ELQ9k ILLINOIS
ENVIRONMay Vernon SciENr inois 'THE RESERVE' PROPOSED DEVELOPMENT
900 lloodlends Parkway Ver RiW,Ninoie 60061
EXHIBIT "e-1"
LEGAL DESCRIPTION FOR
PROPOSED MULTI-FAMILY DEVELOPMENT(THE RESERVE—PHASE 2)
ELGIN, ILLINOIS
THAT PART OF LOT 108 IN THE RESERVE, BEING A SUBDIVISION OF THE SOUTHEAST
QUARTER OF SECTION 29, TOWNSHIP 41 NORTH, RANGE 8, EAST OF THE THIRD
PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED APRIL 12, 2004
AS DOCUMENT NO. 2004K044951, AND CORRECTED BY CERTIFICATE OF
CORRECTION RECORDED JULY 22, 2004 AS DOCUMENT NUMBER 2004K098661,IN THE
TOWNSHIP OF ELGIN, AND IN THE CITY OF ELGIN, AND IN KANE COUNTY, ILLINOIS,
MORE PARTICULARLY DESCRIBED AS FOLLOWS;
BEGINNING AT THE NORTHWEST CORNER OF LOT 107 IN SAID RESERVE
SUBDIVISION; THENCE SOUTH 01 DEGREES 11 MINUTES 00 SECONDS EAST, 413.63
FEET, ALONG THE WEST LINE OF SAID LOT 107 AND THE SOUTHERLY EXTENSION
THEREOF, TO A NORTHERLY CORNER OF LOT 101 IN SAID RESERVE SUBDIVISION;
THENCE SOUTHWESTERLY, NORTHWESTERLY AND NORTHEASTERLY THROUGH THE
FOLLOWING DESCRIBED THIRTEEN (13) COURSES ALONG SAID NORTHERLY LINES
OF LOT 101; THENCE SOUTH 70 DEGREES 06 MINUTES 34 SECONDS WEST, 111.96
FEET; THENCE SOUTH 24 DEGREES 47 MINUTES 19 SECONDS WEST, 87.69 FEET;
THENCE SOUTH 42 DEGREES 21 MINUTES 20 SECONDS WEST, 263.08 FEET; THENCE
SOUTH 51 DEGREES 15 MINUTES 02 SECONDS WEST, 136.92 FEET; THENCE SOUTH 58
DEGREES 15 MINUTES 55 SECONDS WEST, 183.70 FEET;THENCE SOUTH 79 DEGREES
32 MINUTES 46 SECONDS WEST, 91.40 FEET; THENCE NORTH 33 DEGREES 13
MINUTES 26 SECONDS WEST, 466.75 FEET; THENCE NORTH 06 DEGREES 53 MINUTES
29 SECONDS EAST, 103.86 FEET; THENCE NORTH 60 DEGREES 00 MINUTES 11
SECONDS EAST, 91.59 FEET; THENCE NORTH 57 DEGREES 28 MINUTES 06 SECONDS
EAST, 95.48 FEET; THENCE SOUTH 81 DEGREES 52 MINUTES 25 SECONDS EAST,
139.68 FEET; THENCE NORTH 53 DEGREES 01 MINUTES 40 SECONDS EAST, 196.13
FEET; THENCE NORTH 24 DEGREES 29 MINUTES 40 SECONDS WEST, 127.92 FEET;
THENCE NORTH 65 DEGREES 30 MINUTES 20 SECONDS EAST, DEPARTING FROM
SAID NORTHERLY LINES, 273.76 FEET, TO A POINT ON THE WESTERLY EXTENSION OF . .
THE NORTH LINE OF SAID LOT 107; THENCE NORTH 88 DEGREES 42 MINUTES 55
SECONDS EAST, 256.10 FEET, ALONG SAID WESTERLY EXTENSION, TO THE POINT OF
BEGINNING.
CONTAINING 490,560 SQUARE FEET, (11.262 ACRES)MORE OR LESS.
Manhard Consulting, Ltd.
900 Woodlands Parkway
Vernon Hills, Illinois 60061
847-634-5550
Page 1 of 1
September 28,2006-P:\Puel2\documents\Survey\MultiFamilyLegal.doc
PLATEXHIBIT CRAPHIC SCALE i
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BOWES ROAD wM s eawf.e ,4 cii i
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_ POINT OF
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LOT 107
9 N 5728'06'E 81 �s•E d 14 2-u 11 l'-`.` ` 0~F'� iu
95.48' - / / �s�A'"`• O
N 60110'11'E s. J
91.59.
PROPOSED r}." a'•d j
N 063P29'E MULTI-FAMILY r.. .a ' = 7 IL
103.86' DEVELOPMENT ,1�� l .,y • O• J
LOT 101 �W Z 7
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