Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
06-43
Resolution No. 06-43 RESOLUTION AUTHORIZING EXECUTION OF A PUBLIC IMPROVEMENTS CONSTRUCTION AGREEMENT WITH PINGREE LLC,PINGREE CREEK,LLC, WENNLUND FARM,LLC, MEIER FARM ASSOCIATES LIMITED PARTNERSHIP AND NESLER ROAD LIMITED PARTNERSHIP, WYNDHAM DEERPOINT HOMES, INC., AND HPI-ELGIN LLC FOR OTTER CREEK INTERCEPTOR SEWER PHASES 4A AND 4B AND OTTER CREEK INTERCEPTOR SEWER AND WATER MAIN PHASES 5A AND 5B 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 a Public Improvements Construction Agreement with Pingree LLC,Pingree Creek,LLC, Wennlund Farm, LLC, Meier Farm Associates Limited Partnership and Nesler Road Limited partnership,Wyndham Deerpoint Homes,Inc.,and HPI-Elgin LLC for Otter Creek Interceptor Sewer Phases 4A and 4B and Otter Creek Interceptor Sewer and Water Main Phases 5A and 5B,a copy of which is attached hereto and made a part hereof by reference. BE IT FURTHER RESOLVED that resolution number 05-346 adopted by the city council on December 21, 2005 be and is hereby repealed. s/Ed Schock Ed Schock,Mayor Presented: February 22, 2006 Adopted: February 22,2006 Omnibus Vote: Yeas: 7 Nays: 0 Attest: s/Dolonna Mecum Dolonna Mecum, City Clerk 2/14/06 PUBLIC IMPROVEMENTS CONSTRUCTION AGREEMENT THIS AGREEMENT is made and entered into this 22nd day of February, 2006, by and between THE CITY OF ELGIN, a municipal corporation, in the Counties of Kane and Cook, State of Illinois (hereinafter referred to as "City") and PINGREE LLC, an Illinois limited liability company (hereinafter referred to as "Crown"), PINGREE CREEL L.L.C., a limited liability company (hereinafter referred to as "Shodeen"), WENNLUND FARM, L.L.C., an Illinois limited liability company (hereinafter referred to as "Wennlund Farm"), MEIER FARM ASSOCIATES LIMITED PARTNERSHIP, an Illinois limited partnership and NESLER ROAD LIMITED PARTNERSHIP, an Illinois limited partnership (hereinafter collectively referred to as "West Point"), WYNDHAM DEERPOINT HOMES, INC., an Illinois corporation, hereinafter referred to as "Wyndham"), and HPI-ELGIN, LLC, an Illinois limited liability company(hereinafter referred to as "HPI"). WITNESSETH: WHEREAS, the City and Crown have previously entered into an Annexation Agreement dated February 25, 2004, relating to certain property owned by Crown and legally described in Exhibit 1 attached hereto (hereinafter referred to as the "Crown Property"); and WHEREAS, the City and Shodeen have previously entered into an Annexation Agreement dated February 25, 2004, amended by way of an amendment thereto dated July 27, 2005, relating to certain property owned by Shodeen and legally described in Exhibit 2 attached hereto (hereinafter referred to as the "Wennlund Farm Property"); and WHEREAS, Wennlund Farm is the successor in interest to Shodeen as to a portion of the Wennlund Farm Property, Shodeen retaining ownership to that portion of the Wennlund Farm Property legally described in Exhibit 2A hereof and Wennlund Farm being the owner of that portion of the Wennlund Farm Property legally described in Exhibit 2B hereof(Shodeen and Wennlund Farm being hereinafter collectively referred to as "Wennlund Farm"); and WHEREAS, pursuant to Sections 12, 13 and 14 of such Annexation Agreements between the City and Crown and Wennlund Farm, the City and Crown and Wennlund Farm have agreed that Crown and Wennlund Farm shall construct certain sanitary sewer and water public improvements and that the City shall reimburse Crown and Wennlund Farm for a portion of the costs of those improvements, and that Crown and Wennlund Farm shall dedicate the improvements to the City; and WHEREAS, the public improvements to be constructed are the Otter Creek Interceptor Sewer Phases 4A and 4B and the Otter Creek Interceptor Sewer and Water Mains phases 5A and 5B all as depicted on the plan entitled "Sewer and Water Improvements" prepared by Robinson Engineering Ltd. revised December 2, 2005, attached hereto as Exhibit 3 (hereinafter collectively referred to as the "Public Improvements"); and WHEREAS, West Point is the owner of the property legally described in Exhibit 4 attached hereto (hereinafter referred to as the "West Point Property"); and WHEREAS, Wyndham is the owner of the property legally described in Exhibit 5 attached hereto (hereinafter referred to as the "Wyndham Property"); and WHEREAS, HPI is the owner of the property legally described in Exhibit 6 attached hereto (hereinafter referred to as the "HPI Property"); and WHEREAS, Chicago Title Land Trust Company, as successor to LaSalle Bank National Association, as Trustee under Trust Agreement dated September 1, 2004 and which is known as Trust Number 132504 is the owner of the property known as Shadow Hill Unit 4, such property being legally described in Exhibit 7 attached hereto (hereinafter referred to as the "Centex Property"); and WHEREAS, the West Point Property, Wyndham Property, the HPI Property, and the Centex Property along with other properties identified in the recapture ordinance hereinafter referred to in Section 12 hereof, will be served by and Benefited by the Public Improvements to be constructed by Crown and Wennlund Farm; and WHEREAS, this Agreement provides for the procedures for the construction of the Public Improvements, payment for the costs of the construction of the Public Improvements, the payment of recapture for certain costs of the Public Improvements by certain benefited properties as identified herein, and acceptance of the Public Improvements by the City. NOW, THEREFORE, for and in consideration of the mutual promises, agreements, and undertakings as set forth herein, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties hereto agree as follows: 1. Incorporation of Recitals. The recitals set forth above are incorporated herein as if fully set forth herein. 2. Public Improvements to be Constructed. The Public Improvements consist of the Otter Creek Interceptor Sewer Phases 4A and 4B and the Otter Creek Interceptor Sewer and Water Mains Phases 5A and 5B, and appurtenances relating to such improvements, all as depicted on Exhibit 3 attached hereto. Phases 4A, 4B and 5A of the Public Improvements are further detailed and described in the Final Engineering Plans for such phases of such Public Improvements prepared by Jacob and Hefner Associates P.C. entitled Otter Creek Interceptor Sewer-Phase 4A and Otter Creek Interceptor Sewer-Phase 4B, dated August 6, 2004, last revised June 17, 2005, and prepared by Robinson Engineering Ltd. entitled Otter Creek Interceptor Sewer and Watermain-Phase 5A, dated May 18, 2005, last revised August 25, 2005 and on-site improvement plans for units N, 0, K, H and J of Highland Woods prepared by Cemcon Ltd., dated September 30, 2005, September 30, 2005, February 4, 2005 and March 31, 2005, last revised August 3, 2005, August 3, 2005, September 2, 2005, and no revisions (hereinafter collectively referred to as the "Final Engineering Plans for Phases 4A, 4B and 5A"). In the event of any conflict between the Final Engineering Plans for Phases 4A, 4B and 5A, and Exhibit 3, 2 the Final Engineering Plans for Phases 4A, 4B and 5A shall control. For the purposes of clarification, the end of the sanitary sewer for the portion of Phase 5A on the HPI Property shall be at the northern point of the force main identified on Exhibit 3 attached hereto as "Proposed force main by Crown/Shodeen 9,545 LF of 14" FM from Crown's Property to HPI-E's lift station". The parties understand and agree that the precise location of the 14 inch force main on HPI's East Assemblage Property has not been designed as of the entry into this Agreement it being agreed that the precise location of such force main on the HPI East Assemblage Property shall be in a location reasonably acceptable to HPI and as approved by the City. Within thirty (30) days of the entry into this Agreement, Crown and Wennlund Farm shall submit to the City Engineer for the City Engineer's review and approval an amendment to the Final Engineering Plans for Phase 5A providing for the incorporation of the additional lineal footage of 14 inch force main into the Final Engineering Plans for 5A (the additional lineal footage of 14 inch force main being the difference between the original proposed amount of 4,465 lineal feet of 14 inch force main and the agreed to amount of 9,545 lineal feet of 14 inch force main). Crown and Wennlund Farm shall submit to the City Engineer for the City Engineer's review and approval proposed Final Engineering Plans for 5B of the Public Improvements on or before May 31, 2006, and shall revise such Final Engineering Plans as reasonably required by the City Engineer consistent with all applicable city ordinances, city specifications and other requirements of law in order to have the Final Engineering Plans for Phase 5B approved by the City Engineer on or before August 1, 2006 (the Final Engineering Plans for Phases 4A, 4B and 5A and the Final Engineering Plans as approved by the City Engineer for Phase 5B are hereinafter collectively referred to as the "Final Engineering Plans"). The foregoing dates regarding the submittal and approval of the Final Engineering Plans for Phase 5B may be extended for good cause upon the mutual written agreement of the City, Crown and Wennlund Farm which agreement shall not be unreasonably withheld. Crown and Wennlund Farm shall construct the Public Improvements in conformance with the Final Engineering Plans and in conformance with all applicable City ordinances and standards and other requirements of law. Any subsequent proposed revisions to the Final Engineering Plans shall require the prior written approval of the City Engineer. In the event of any conflict between the Final Engineering Plans and the terms of this Agreement, and the proposed routing of sewer and water lines set forth in the various annexation agreements between the parties hereto and the preliminary engineering plans referred to therein, the Final Engineering Plans and the terms of this Agreement shall control. 3. Prevailing Wage Act. Notwithstanding any other provisions of this Agreement, it is expressly agreed and understood that in connection with all aspects of the design and construction of the Public Improvements that Crown and Wennlund Farm and any of its contractors and subcontractors shall comply with all requirements of the Prevailing Wage Act at 820 ILCS 130/0.01, et seq., as amended. 4. Contractors. Crown and Wennlund Farm have entered into agreements with various contractors for the construction of the Public Improvements, with a listing of such contractors for Phases 4A, 4B and 5A of the Public Improvements being attached hereto in Exhibit 8. The City hereby approves the selection of these contractors. In the event Crown and Wennlund Farm are required to hire additional contractors for the construction of the Public Improvements, such contractors selected by Crown and Wennlund Farm shall be subject to the City's prior approval, which approval shall not be unreasonably withheld. Prior to the 3 commencement of the construction of the Public Improvements Crown and Wennlund Farm shall provide the City with copies of all of the contracts for such Public Improvements. In all of the contracts relating to the Public Improvements, Crown and Wennlund Farm shall require the contractors to name the City as an additional insured under the same terms and conditions of the insurance being provided to Crown and Wennlund Farm. 5. Permits and Easements. Crown and Wennlund Farm shall be responsible for obtaining all necessary permits for the construction of the Public Improvements. The City agrees to reasonably cooperate with Crown and Wennlund Farm as necessary and at no cost to the City to obtain such permits. Crown, Wennlund Farm, West Point, Wyndham, and HPI agree to and shall provide all necessary easements at no cost to the City in order to allow for the construction of the Public Improvements over their various properties as depicted in Exhibit 3 and in the Final Engineering Plans. Crown and Wennlund Farm represent and warrant to the City that all easements necessary for the construction of the public improvements have been obtained. Crown hereby agrees and shall within thirty (30) days of written notice from the City requesting same grant to the City at no cost a permanent and exclusive easement for public utilities over that portion of Crown's property depicted on the "Easement Exhibit for Sanitary Sewer System Extensions through Highland Woods Subdivision" prepared by CGL Ltd. dated September 28, 2005, attached hereto as Exhibit 9A. Wennlund Farm hereby agrees and shall within thirty (30) days of written notice to the City requesting same grant to the City at no cost a permanent and exclusive easement for public utilities over that portion of the Wennlund Farm property depicted on the "Easement Exhibit for Sanitary Sewer and Water Main Extensions for Areas to the West" prepared by CGL, Ltd. dated September 28, 2005, attached hereto as Exhibit 9B. Such easements shall be consistent with City ordinances and practices regulating condition,placement, use and size of easements and shall include among other matters that the grantors and their successors and assigns shall not construct any buildings or other structures on the easement premises nor undertake any other activities on the easement premises which unreasonably interferes with the City's intended use thereof. Notwithstanding the requirement that such easements for public utilities be exclusive, in the event the final engineering of the Crown and/or Wennlund Farm Properties indicates the need to locate other utilities within the above-referred to easement areas, the City agrees to reasonably consider permitting the location of other utilities within such easement areas as long as and to the extent such other proposed utilities do not unreasonably interfere with the City's intended use of such Easement Premises as determined by the City. Crown and Wennlund Farm shall also comply with all of the terms of the utility, right- of-way or other permits issued by the Illinois Department of Transportation in connection with the Public Improvements or with the development of the Crown and/or Wennlund Farm property and shall indemnify and hold the City harmless for any violations or non-performance with respect to such DOT permits. 6. Costs for Public Improvements. Attached hereto and made a part hereof as Exhibit 10 is a statement dated September 8, 2005 of the costs for the Public Improvements being in the total amount of$18,994,657.37 ("Costs of the Public Improvements"). Within thirty (30) days of the entry into this Agreement, Crown and Wennlund Farm shall submit to the City Engineer for the City Engineer's review and approval a supplement to such Costs of Public Improvements providing for the costs of the additional 14 inch force main from the Crown Property to the HPI East Assemblage Property (the additional 14 inch force main being the 4 difference between the original proposed amount of 4,465 lineal feet of 14 inch force main and the agreed to amount of 9,545 lineal feet of 14 inch force main). The parties understand and agree that the costs for Phases 4A, 4B and 5A are based upon contracts for such phases and that the costs for Phase 5B are current estimates. Crown and Wennlund Farm shall use reasonable efforts to provide for the completion of the Public Improvements for a cost not to exceed such Costs of the Public Improvements. Any proposed change orders or other additions to the contracts or costs for Phases 4A, 4B and 5A shall require the City's advance approval which approval shall not be unreasonably withheld. Crown and Wennlund Farm shall competitively bid the contracts for Phase 5B and shall award the contracts for Phase 5B to the lowest responsible and responsive bidders. The parties agree that Crown and Wennlund Farm shall not be required to post the required 2% escrow for the City's review and inspection fees for the Public Improvements but instead the fees to the City for review and inspection shall be deducted by the City from the not-to-exceed $10 million reimbursement to Crown and Wennlund Farm referred to in Section 9A of this Agreement. 7. Security To Guarantee Completion and Payment. Prior to the commencement of the construction of the Public Improvements, Crown and Wennlund Farm shall post with the City a performance bond, cash or letter of credit in the amounts and under the terms as set forth in Elgin Municipal Code Section 18.20.050C and a payment bond as required by 30 ILCS 550/0.01 et seq., for Phases 4A, 4B and 5A of the Public Improvements. Prior to May 1, 2006, Crown and Wennlund Farm shall post with the City a performance bond, cash or letter of credit in the amounts and under the terms as set forth in Elgin Municipal Code Section 18.20.050C and a payment bond as required in 30 ILCS 550/0.01 et seq. for Phase 5B of the Public Improvements. The amounts of such performance bond, cash or letter of credit, shall be in the amount of 110% of the approved engineer's estimate of cost of the Public Improvements, plus the so-called ""soft costs" referred to in Exhibit 8 hereof, less the not to exceed $10 million reimbursement from the City referred to in Section 9A hereof. Notwithstanding anything to the contrary in this agreement, Crown shall also post separate performance bonds, cash or letters of credit, in the amounts and under the terms as set forth in Elgin Municipal Code Section 18.20.050C for Crown's onsite improvements in units N, 0, K, H and J of Highland Woods. The performance bonds, cash or letter of credits may be incrementally reduced upon the completion of Phases 4A, 4B and 5A of the Public Improvements and upon completion of Phase 5B of the Public Improvements as provided in Elgin Municipal Code Section 18.20.050C2a(1). Notwithstanding anything to the contrary in this Agreement, it is agreed and understood that the City shall not be required to pay reimbursements referred to in Section 9 hereof in a total amount exceeding $5,000,000 until such time as Crown and Wennlund Farm have posted the required performance bond, cash or letter of credit and payment bond for Phase 5B of the Public Improvements. Notwithstanding anything to the contrary in this Agreement, it is agreed and understood that the City shall not be required to pay reimbursements referred to in Section 9 hereof for any soft costs for Phase 5B of the Public Improvements until such time as Crown and Wennlund Farm have posted the required performance bond, cash or letter of credit, and payment bond for Phase 5B of the Public Improvements. 8. Construction Manager. Crown and Wennlund Farm are hereby designated as the construction manager for the construction of the Public Improvements for construction management fee in the amount of seven percent (7%) of the Costs of the Public Improvements S with such seven percent (7%) construction management fee currently estimated to be in the total amount of $1,330,000, which shall be included in the Costs of the Public Improvements and reimbursed by the City or eligible for recapture as part of the Cost of Public Improvements pursuant to this Agreement. 9. Payment of Costs of the Public Improvements. A. In connection with the design and construction of the Public Improvements, it is agreed that the City shall reimburse to Crown and Wennlund Farm an amount not to exceed Ten Million Dollars ($10,000,000). Crown and Wennlund Farm shall be responsible and pay for all of the Costs for the Public Improvements in excess of Ten Million Dollars ($10,000,000) subject to recapture as provided for in this Agreement. Notwithstanding anything to the contrary in this Agreement, it is agreed and understood that payments by the City pursuant to this Agreement shall in no event exceed the total amount of$10,000,000. In the event total payments by the City for the Public Improvements reach the amount of$10,000,000, Crown and Wennlund Farm shall be responsible for and shall pay all costs for the Public Improvements in excess of$10,000,000 subject to recapture as provided for in this Agreement. B. Upon execution of this Agreement, Crown and Wennlund Farm shall submit to the City, not more frequently than once each calendar month, a written request for reimbursement to Crown and Wennlund Farm of Crown and Wennlund Farm's actual Costs of the Public Improvements incurred by Crown and Wennlund Farm for those portions of the Public Improvements which have been completed to date, according to the Final Engineering Plans ("Request for Payment"). Such Requests for Payment shall be in a form as approved by the City Engineer and shall include among other matters the construction administrator's certification of quantities. Such Requests for Payment and the subsequent payments provided by the City shall also provide for retainage of ten percent (10%) until the Public Improvements have been completed and retainage of five percent (5%) until the Public Improvements have been accepted by the City. Within ten (10) business days after the receipt of each Request for Payment, the City shall inspect those portions of the Public Improvements for which payment is requested to determine whether the work for which payment is requested has been completed. The City shall also otherwise review the Request for Payment to determine whether the Request for Payment is in the appropriate amount as provided in the contracts for the Public Improvements and the terms of this Agreement including Exhibit 10 attached hereto. If the City confirms that the work has been completed and confirms that the Request for Payment is otherwise in the appropriate amount and in compliance with this Agreement, the City Engineer shall approve payment to Crown and Wennlund Farm ("Disbursement Request") and request the City's Fiscal Services Group Director to make such payment as provided for in the Disbursement Request, and the City shall make such payment within ten (10) business days after the Disbursement Request. Fifty percent (50%) of such payments shall be paid directly to Crown and fifty percent (50%) of such payments shall be paid directly to Wennlund Farm. If the City reasonably determines that any portion of the work for which payment is requested is not completed in accordance with the Final Engineering Plans, or the payment request is not otherwise in compliance with the contracts for the Public Improvements or the terms of this Agreement, the notification to Crown and Wennlund Farm of same shall state, in writing, the reasons why the work is not in compliance with the Final Engineering Plans or the payment request is not otherwise in compliance with the 6 contracts for the Public Improvements or the terms of this Agreement, and why the City is not approving a portion or all of the Request for Payment. Upon completing the work and/or making the modifications stated in the City's notification to Crown and Wennlund Farm, Crown and Wennlund Farm may resubmit a Request for Payment to the City, even if such resubmission is within the same month as the original submission, and the process described above shall be repeated. C. Crown and Wennlund Farm agree to be responsible for and pay all Costs for the Public Improvements in excess of the $10,000,000 reimbursement from the City (such monies expended by Crown and Wennlund Farm in excess of the $10,000,000 reimbursement from the City for the design and construction of the Public Improvements are hereinafter referred to as Crown and Wennlund Farm's "Costs Advanced"). Upon completion of the project, Crown and Wennlund Farm shall provide to the City's Finance Director a complete accounting of all Costs of the Public Improvements for the City Finance Director's review and approval in order to determine the final amount of Crown and Wennlund Farm's Costs Advanced. Crown and Wennlund Farm's Costs Advanced shall be subject to recapture as provided for in the recapture ordinance referred to in Section 12 hereof. 10. Completion of Public Improvements. Crown and Wennlund Farm shall commence construction of Phases 4A, 4B and 5A of the Public Improvements within sixty (60) days of the entry into this Agreement. Crown and Wennlund Farm shall complete construction of Phases 4A, 4B and 5A of the Public Improvements as soon as is reasonably practicable but no later than September 1, 2006. Crown and Wennlund Farm shall commence construction of Phase 5B of the Public Improvements on or before March 28, 2007 and shall complete construction of Phase 5B of the Public Improvements as soon as is reasonably practical but no later than November 28, 2007. A phase of the Public Improvements shall be deemed completed when accepted by the city as provided in Section 11 hereof. The foregoing commencement and completion dates for the Public Improvements may be extended if delayed for the periods of delay caused by acts of God, strikes, enemy action, acts of terrorism, war or civil insurrection. Notwithstanding anything to the contrary in this Agreement, the design, plan review, construction, construction inspection and construction administration for the sanitary sewer improvements which are part of the Public Improvements to be constructed pursuant to this Agreement shall also be in compliance with the Far West Interceptor Sewer Policy for Inspections and Construction, dated April 30, 2003, attached hereto as Exhibit 11. 11. Dedication of Public Improvements. Upon completion of the construction of the Public Improvements by Crown and Wennlund Farm and upon review and recommendation by the City Engineer, Crown and Wennlund Farm shall dedicate and the City Council shall accept such completed phase of the Public Improvements. Such acceptance of the Public Improvements by the City shall be consistent with applicable City ordinances and procedures. When Crown and Wennlund Farm complete construction of a phase of the Public Improvements, Crown and Wennlund Farm shall provide the City with written notice. Within twenty (20) business days after the receipt of such written notice, the City Engineer shall confirm, in writing, to the City Council and Crown and Wennlund Farm, that the Public Improvements have been completed, or shall submit to Crown and Wennlund Farm, in writing, a punchlist of unfinished items. Within thirty (30) days of the written confirmation of the City Engineer that the Public 7 Improvements are completed, Crown and Wennlund Farm shall dedicate, and the City shall accept, the Public Improvements and any easements related thereto. After dedication and acceptance of the Public Improvements, the City shall be responsible for the operation and maintenance of the Public Improvements, subject to any maintenance bond or letter of credit. 12. Recapture Ordinance. Upon the entry into this Agreement, the City agrees to adopt the Recapture Ordinance attached as Exhibit 12 hereof providing for the reimbursement to Crown and Wennlund Farm of their Costs Advanced in connection with the Costs of the Public Improvements in excess of the $10,000,000 reimbursement from the City (hereinafter referred to as the "Recapture Ordinance"). Notwithstanding anything to the contrary in this Agreement or in the recapture ordinance, it is expressly agreed and understood that the Crown Property legally described in Exhibit 1 attached hereto, the Wennlund Farm Property legally described in Exhibit 2 attached hereto, the MB Financial Property legally described in Exhibit 13 attached hereto, and any property owned by the City or any other governmental unit shall not be subject to such Recapture Ordinance and Crown, Wennlund Farm, the City or any other governmental unit shall not be required to make any recapture payments for the Public Improvements described in this Agreement for such Crown Property, such Wennlund Farm Property, such MB Financial Property or any property owned by the City or any other governmental unit under such Recapture Ordinance or otherwise. It is understood and agreed that the Recapture Ordinance referred to in this Section 12 and the Follow-On Recapture Ordinance referred to in Section 13 shall be the only and exclusive recapture due and payable from West Point, Wyndham Deerpoint Homes, and HPI to Crown and Wennlund Farm for the Costs Advanced by Crown and Wennlund Farm for the Public Improvements. Crown, Wennlund Farm, West Point, Wyndham, and HPI hereby on behalf of themselves and their successors, assigns and grantees of their properties consent and agree to such Recapture Ordinance and West Point, Wyndham, and HPI hereby further consent and agree on behalf of themselves and their successors, assigns and grantees of their properties to make the recapture payments pursuant to the terms provided for therein. Notwithstanding anything to the contrary in this Agreement, the owner of the Centex property shall be required to pay recapture to Crown and Wennlund Farm for their Costs Advanced for the Project Costs for the Public Improvements as set forth in the Agreement between Crown, Wennlund Farm and Chicago Title Land Trust Company, as successor to LaSalle Bank National Association, as Trustee under Trust Agreement dated September 1, 2004 and which is known as Trust Number 132504 with an effective date of November 30, 2005, a copy of which is attached hereto as Exhibit 14. Crown, Wennlund Farm, West Point, Wyndham, and HPI hereby on behalf of themselves and their successors, and assigns and grantees of their properties, hereby consent and agree to the propriety, necessity and legality of such Recapture Ordinance and the payments required therein and do further hereby agree to and do waive any and all rights to any and all legal or other challenges or defenses to such Recapture Ordinance and the payments required therein and hereby agree and covenant on behalf of themselves and their successors, assigns and grantees of their properties, not to sue the City or maintain any other legal action or defense against the City with respect to such Recapture Ordinance and payments. For the purposes of clarification, and notwithstanding anything to the contrary in this Agreement or in the Recapture Ordinance, it is agreed and understood that until such time the City's reimbursements to Crown and Wennlund Farm for the Costs of the Public Improvements reach the total amount of Ten Million Dollars ($10,000,000), monies received by Crown and Wennlund Farm pursuant to the Recapture Ordinance and/or pursuant to the agreement with 8 Centex attached hereto as Exhibit 14 shall be shown as credits, i.e. deductions, on the Request for Payment submitted to the City by Crown and Wennlund Farm pursuant to section 9B hereof. 13. Follow-on Recapture Ordinance after Payment of Costs Advanced. A. Upon Crown and Wennlund Farm being reimbursed in full their Costs Advanced plus interest as provided in the Recapture Ordinance attached hereto as Exhibit 12, the City agrees to adopt a Follow-On Recapture Ordinance providing for the reimbursement to the owners of the Subject Benefited Properties the difference, if any, between the payments made by the owners of the Subject Benefitted Properties (as defined in the Recapture Ordinance) pursuant to the Recapture Ordinance and the fair proportionate share (as hereinafter described) of the owner of a subject Beneiftted Property for such Costs Advanced. Upon completion of the Project, Crown and Wennlund Farm shall provide to the City's finance director a complete accounting of all Project Costs for the City's finance director's review and approval in order to determine the final amount of the Project Costs and of Crown and Wennlund Farm's Costs Advanced as such terms are defined in the Recapture Ordinance attached hereto as Exhibit 12. Upon the Developers being reimbursed in full their Costs Advanced plus interest as provided in the Recapture Ordinance, the City shall thereafter determine the fair proportionate share of such Costs Advanced plus interest for the Subject Benefited Properties. In any such Follow-On Recapture Ordinance, the City shall determine the Benefited Properties. The duration of any such Follow-On Recapture Ordinance shall be the lesser of the completion of all payments due under any such Follow-On Recapture Ordinance or fifteen (15) years. The formula in any such Follow-On Recapture Ordinance to determine the fair proportionate share of Costs Advanced for the Subject Benefited Properties will utilize a population equivalent basis with every residential unit having a P.E. of 3.5. For purposes of clarification and example, if Crown and Wennlund Farm's Costs Advanced plus interest totals $9,000,000 for the Public Improvements, and the service area for the Public Improvements consists of a PE total of 66,766, the following fair proportionate share calculation would be utilized: Costs Advanced plus interest: $9,000,000.00 P.E. for Current Total Service Area 66,766 P.E. P.E. for Crown: (2,842) P.E. P.E. for Wennlund Farm: (10,248) P.E. P.E. less Crown and Shodeen 53,676 P.E. Cost Per P.E.: $ 168 Cost/Fair Share Per Unit (3.5 P.E. Residential Unit):$ 588 Cost/Fair Share Per Acre if commercial, industrial, office, or other uses are developed thereon: $1,960 The precise form of any such Follow-On Recapture Ordinance (hereinafter referred to as the "Follow-On Recapture Ordinance."), including, but not limited to, the service area, the method of collection of payments and the distribution thereof, shall be as determined by the City's Corporation Counsel. Any obligations of the City under such Follow-On Recapture Ordinance 9 shall be non-recourse to the City and shall provide that the City shall not be responsible in the event there is no development of the property contemplated to be benefited by the Public Improvements or the Follow-On Recapture Fees are otherwise uncollected for any reason. Any such Follow-On Recapture Ordinance shall provide for interest from the time the Follow-On Recapture Ordinance is adopted at the market rate prevailing at the time the Follow-On Recapture Ordinance is adopted as determined by the City. B. From and after the adoption of the Follow-On Recapture Ordinance as provided in the foregoing subparagraph A hereof, the owners of Subject Benefited Properties who have made payments to Crown and Wennlund Farm to reimburse Crown and Wennlund Farm for their Costs Advanced for Project Costs pursuant to the Recapture Ordinance attached hereto as Exhibit 12, in excess of such owner's fair proportionate share of Costs Advanced shall be reimbursed from payments made by owners of Subject Benefitted Properties pursuant to such Follow-On Recapture Ordinance the difference between such owner's fair share of Costs Advanced as calculated by way of example in the preceding paragraph subparagraph A hereof and the monies paid by such owner pursuant to the Recapture Ordinance attached as Exhibit 12, if any. For purposes of clarification and example utilizing the example formula in Section 13A hereof, if an owner of a Subject Benefitted Property has approval for 100 residential dwelling units thereon and has made payments pursuant to the Recapture Ordinance attached as Exhibit 12 for each of the 100 residential dwelling units totaling $180,000, such owner would be due a reimbursement pursuant to the Follow-On Recapture Ordinance of $121,200 calculated as follows: $180,000 (100 residential units x $1,800) minus $58,800 (100 residential units x $588) equals $121,200. From and after the adoption of the Follow-On Recapture Ordinance as provided in the foregoing subparagraph A hereof, the owners of Subject Benefitted Properties who have not made payments to Crown and Wennlund Farm to reimburse Crown and Wennlund Farm for their Costs Advanced for their project costs pursuant to the Recapture Ordinance attached hereto as Exhibit 12, or who have made payments in an amount less than such owner's fair proportionate share of such Costs Advanced, shall make payments pursuant to the Follow-On Recapture Ordinance. For purposes of further clarification and example utilizing the example formula in Section 13A hereof, if an owner of a Subject Benefitted Property has approval for 100 residential dwelling units thereon and has made payments for 20 dwelling units pursuant to the Recapture Ordinance attached as Exhibit 12, such owner would be required to pay an additional $22,800 of recapture pursuant to the Follow-On Recapture Ordinance calculated as follows: $58,800 (100 residential dwelling units x $588) minus $36,000 (20 residential units x $1,800) equals $22,800. Notwithstanding anything to the contrary in this Agreement, it is expressly agreed and understood that the Crown Property legally described in Exhibit 1 attached hereto and the Wennlund Farm Property legally described in Exhibit 2 attached hereto and any property owned by the City or any other governmental unit shall not be subject to such any Follow-On Recapture Ordinance and Crown, Wennlund Farm, the City or any other governmental unit shall not be required to make any recapture payments for the Public Improvements described in this Agreement or for such Crown Property, such Wennlund Farm Property or any property owned by the City or any governmental unit under any such Follow-On Recapture Ordinance or otherwise. Crown, Wennlund Farm, West Point, Wyndham, and HPI hereby on behalf of themselves and their successors, assigns, and grantees of their properties, hereby consent and agree to the propriety, necessity and legality of such Follow-On Recapture Ordinance and the payments required therein and do further hereby consent and_agree to and waive any and all 10 rights to any and all legal or other challenges or defenses to such Follow-On Recapture Ordinance and the payments required therein and hereby agree and covenant on behalf of themselves and their successors, assigns and grantees of their properties, not to sue the City or maintain any other legal action or defense against the City with respect to such Follow-On Recapture Ordinance and payments. 14. Surcharges and Fees by City. It is agreed and understood that the City intends to recapture or recover from others including, but not limited to, successor owners of the Crown Property, Wennlund Farm Property, West Point Property, Wyndham Property, and the HPI Property, the City's costs of the Public Improvements. Crown, Wennlund Farm, West Point, Wyndham, and HPI hereby consent and agree on behalf of themselves, and their respective successors, assigns and grantees of their various properties, that the City may impose and collect on any and/or all of the Crown Property, Wennlund Farm Property, West Point Property, Wyndham Property, and HPI Property a surcharge on the sewer rates and/or water rates for dwelling units or other structures with a water connection on any of such properties above and beyond the sewer rates and or water rates charged to other dwelling units or other structures in the City of Elgin ("Surcharges"), provided, however, such Surcharges shall be limited to an additional surcharge not to exceed Thirty Dollars ($30.00) per month for the ten year period commencing February 25, 2004, and after such ten year period, there shall be no limitation on additional Surcharges on the sewer rates and/or water rates for dwelling units or other structures on the Crown Property, Wennlund Farm Property, West Point Property, Wyndham Property, and the HPI Property. It is understood and agreed that such City Surcharges shall also be in addition to the Recapture Ordinance referred to in Section 12 hereof and the Follow-On Recapture Ordinance referred to in Section 13 hereof. Crown, Wennlund Farm, West Point, Wyndham, and HPI hereby on behalf of themselves and their successors, assigns and the grantees of their properties, hereby consent and agree to the propriety, necessity and legality of such City Surcharges and do further hereby agree and do waive any and all rights to any and all legal or other challenges or defenses to the City Surcharges referenced herein and hereby agree and covenant on behalf of themselves and their successors, assigns, and grantees of their properties, not to sue the City or maintain any other legal action or defense against the City with respect to such City Surcharges. 15. Reservation of Capacity. Following the payment by a party to this Agreement of the reimbursements provided for in Section 12 and/or 13 of this Agreement, the City agrees to reserve sufficient capacity (common referred to as "population equivalents" or "PE") within the sanitary sewer lines which are part of the Public Improvements to be constructed pursuant to this Agreement for the residential unit or for the commercial or industrial property that reimbursement has been paid. 16. Notices of Default/Time to Cure. The parties agree that, in the event of a default by any party, the other party shall, prior to taking any action as may be available to it, provide written notice to the defaulting party stating the default and giving the defaulting party thirty(30) days to cure. If the default is not cured within the cure period aforesaid, then the party giving the notice shall be permitted to avail itself of any remedies to which it may be entitled in law or in equity, including, but not limited to, specific performance. Notwithstanding the foregoing, or anything to the contrary in this Agreement, with the sole exception of an action to recover the 11 monies the City has agreed to reimburse to Crown and Wennlund Farm as provided in Section 9 hereof, no action shall be commenced by any party hereto and/or any of their related entities, and/or any of their successor and/or assigns, against the City for monetary damages. 17. Mutual Cooperation. The parties hereby covenant and agree that they shall at all times after execution of this Agreement do, execute, acknowledge, and deliver and will cause to be done, executed, acknowledged, and delivered all such further acts, documents, and instruments as may be reasonably required in order to carry out fully and effectuate the purposes and acts contemplated in this Agreement. 18. Entire Agreement. This 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 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 Agreement, but each and every covenant, agreement, term, and condition of this Agreement shall continue in full force and effect with respect to any of the then existing or subsequent breach thereof 19. Time of the Essence. Time shall be of the essence of this Agreement and the performance of all covenants, agreements, and obligations hereunder. 20. Notices. All notices and other communications to be given hereunder by any party, shall be in writing and sent by personal delivery, overnight courier with evidence of receipt, or certified or registered mail, return receipt requested, postage prepaid, addressed: If to City: City of Elgin 150 Dexter Court Elgin, IL 60120 Attention: City Clerk With a copy to: City of Elgin 150 Dexter Court Elgin, IL 60120 Attention: Corporation Counsel If to Crown: Crown Community Development 3600 Thayer Court Suite 100 Aurora, IL 60504 Attention: Marvin L. Bailey 12 If to Wennlund Farm: Wennlund Farm L.L.C. 17 North First Street Geneva, IL 60134 Attention: David A. Patzelt If to Pingree Creek LLC.: Pingree Creek, L.L.C. c/o Shodeen Incorporated 17 North First Street Geneva, IL 60134 Attention: David A. Patzelt If to Meier Farm Associates Limited Partnership and/or Nesler Road Limited Partnership: Meier Farm Associates Limited Partnership and Nesler Road Limited Partnership C/O West Point Builders &Developers, Inc. 8231 West 185th Street Suite 300 Tinley Park, IL 60477 Attention: Patrick Curran, President If to Wyndham: Wyndham Deerpoint Homes, Inc. 605 Lindsay Circle North Aurora, IL 60542 Attention: Richard M. Guerard If to HPI: HPI-Elgin, L.L.C. 6860 N. Frontage Road Suite 100 Burr Ridge, Illinois 60527 Attention: Land Development or at such other addresses as the parties may designate to the other by written notice in the manner provided herein. Any such notices or elections shall be effective upon delivery, if personally delivered, one (1) day after delivery by the overnight courier or two (2) days after depositing the same in the United States mail. 21. Miscellaneous. A. This Agreement is and shall be deemed construed to be the joint and collective work product of the parties hereto, and as such, this Agreement shall not be construed against any party, as the otherwise purported drafter of same by any court of competent jurisdiction in order to resolve any inconsistency, ambiguity, vagueness or conflict in terms or provisions, if any, contained herein. 13 B. This Agreement shall be construed under the laws of the State of Illinois. The parties agree that venue shall be proper only in the Circuit Court for the Sixteenth Judicial Circuit, Kane County, Illinois. C. This Agreement shall inure to the benefit of, and be binding upon, the parties hereto, the successors in title of the parties, and each of them, their respective successors, grantees, lessees, and assigns, and upon successor corporate authorities of the City and successor municipalities. D. This Agreement may be executed in any number of counter-parts and duplicate originals, each of which shall be deemed an original, but all of which shall constitute one in the same instruments. E. This Agreement constitutes a covenant running with the land of the parties referred to or in, binding upon the parties hereto, the successors in title of the parties and each of them, all grantees, successors and assigns of the respective parties hereto, including successor corporate authorities and successor municipalities of the City. The City shall record a memorandum of this agreement placing of record the terms, provisions and obligations of this Agreement. F. The City agrees to sign and release permits to allow Crown to commence construction of on-site infrastructure improvements on the Crown Property for which Illinois Environmental Protection Agency permits have been issued and final engineering plans have been approved by the City Engineer. Crown understands and agrees that it is proceeding with the construction of such on-site infrastructure improvements at this time at its sole risk and that notwithstanding anything to the contrary contained in this agreement no building permits other than for model homes to the extent permitted in the Annexation Agreement for the Crown Property and/or occupancy permits shall be issued until Crown has complied with all applicable conditions and requirements of law to obtain same. G. Westpoint and Wyndham hereby on behalf of themselves and their successors, assigns and grantees of their properties consent and agree to the previously adopted City of Elgin Recapture Ordinance No. T23-05 which relates to Phases 1 and 2 of the Otter Creek Interceptor Sewer and hereby further consent and agree on behalf of themselves and their successors, assigns and grantees of their properties to make the recapture payments pursuant to the terms provided for therein with respect to the Westpoint Property and Wyndham Property. Westpoint and Wyndham hereby on behalf of themselves and their successors, assigns and grantees of their properties further hereby consent and agree to the propriety, necessity and legality of Recapture Ordinance No. T23-05 and the payments required therein and do hereby further agree to and waive any and all rights to any and all legal or other challenges or defenses to such Recapture Ordinance T23-05 and the payments required therein and hereby agree and covenant on behalf of themselves and their successors, assigns and grantees of their properties, not to sue the City or maintain any other legal action or defense against the City with respect to such Recapture Ordinance T23-05 and payments. 14 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written. THE CITY OF ELGIN, an Illinois Attest: municipal corporation By: �c,' / f aLeA44, Ed Schock, Its Mayor Dolonna Mecum, City Clerk ' PINGREE L.L.C., an Illinois HPI-ELGIN, LLC, an Illinois limited limited liability company liability company By: By: Its: Its: WENNLUND FARM, L.L.C., an Illinois limited liability company By: Its: PINGREE CREEK,L.L.C., an Illinois limited liability company By: Its: MEIER FARM ASSOCIATES LIMITED PARTNERSHIP, an Illinois limited partnership, By: Its: NESLER ROAD LIMITED PARTNERSHIP, an Illinois limited partnership, By: Its: WYNDHAM DEERPOINT HOMES, INC., an Illinois corporation, By: Its: F:\Legal Dept\Agreement\Otter Creek Phases IV-V-Public Improvements Const Agrt-WAC-clean-2-I4-06.doc 15 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written. THE CITY OF ELGIN, an Illinois Attest: municipal corporation By: Ed Schock, Its Mayor Dolonna Mecum, City Clerk PINGREE L.L.C., an Illinois HPI-ELGIN, LLC, an Illinois limited limited liability company liability company By: 4. ' a By: Its: /) Ta/G Ot'ja.,r/4'4 4f."6 Its: WENNLUND FARM, L.L.C., an Illinois limited liability company By: Its: PINGREE CREEK, L.L.C., an Illinois limited liability company By: Its: MEIER FARM ASSOCIATES LIMITED PARTNERSHIP, an Illinois limited partnership, By: Its: NESLER ROAD LIMITED PARTNERSHIP, an Illinois limited partnership, By: Its: WYNDHAM DEERPOINT HOMES, INC., an Illinois corporation, By: Its: F:\Legal Dept\Agreement\Otter Creek Phases IV-V-Public Improvements Const Agrt-WAC-clean-2-14-06.doc 15 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written. THE CITY OF ELGIN, an Illinois Attest: municipal corporation By: Ed Schock, Its Mayor Dolonna Mecum, City Clerk PINGREE L.L.C., an Illinois HPI-ELGIN, LLC, an Illinois limited limited liability company liability company By: By: Its: Its: WENNLUND FARM, L.L.C., an Illinois limited liability company By: Tri-City Land t Company, L.L.C.;Manager 404 By: y. Its: Eric M. ,•.een; President PINGREE CREEK, L.L.C., an Illinois limited liability company By: Kent W. Shodeen Tr By: Its: - t W. Shodeen; Trustee MEIER FARM ASSOCIATES LIMITED PARTNERSHIP, an Illinois limited partnership, By: Its: NESLER ROAD LIMITED PARTNERSHIP, an Illinois limited partnership, By: Its: WYNDHAM DEERPOINT HOMES, INC., an Illinois corporation, By: Its: F:\L.egal Dept\Agreement\Otter Creek Phases IV-V-Public Improvements Const Agrt-WAC-clean-2-14-06.doc 15 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written. THE CITY OF ELGIN, an Illinois Attest: municipal corporation By: Ed Schock, Its Mayor Dolonna Mecum, City Clerk PINGREE L.L.C., an Illinois HPI-ELGIN, LLC, an Illinois limited limited liability company liability company By: By: Its: Its: WENNLUND FARM, L.L.C., an Illinois limited liability company By: Its: PINGREE CREEK, L.L.C., an Illinois limited liability company By: Its: MEIER FARM ASSOCIATES LIMITED PARTNER - limited partnership, By: /,�. Its: as Murran Enterprises II, the General Partner of Meier Farm Associates Limited Partnership. NESLER ROAD LIMITED PARTNERSHIP, an Illinois li _: e- i s By: ��`- - Its: a/Ma•._-r of Curran Enterprises II, the General Partner of Nesler Road Limited Partnership. WYNDHAM DEERPOINT HOMES, INC., an Illinois corporation, By: Its: F:\Legal Dept\Agreement\Otter Creek Phases IV-V-Public Improvements Const Agrt-WAC-redlined-2-14-06.doc 15 IN WITNESS WHEREOF, the parties have executed this Agreement on the date and year first above written. THE CITY OF ELGIN, an Illinois Attest: municipal corporation By: Ed Schock, Its Mayor Dolonna Mecum, City Clerk PINGREE L.L.C., an Illinois HPI-ELGIN, LLC, an Illinois limited limited liability company liability company By: By: Its: Its: WENNLUND FARM, L.L.C., an Illinois limited liability company By: Its: PINGREE CREEK, L.L.C., an Illinois limited liability company By: Its: MEIER FARM ASSOCIATES LIMITED PARTNERSHIP, an Illinois limited partnership, By: Its: NESLER ROAD LIMITED PARTNERSHIP, an Illinois limited partnership, By: Its: WYNDHAM DEERPOINT HOMES, INC., an Illinois corporation Y , B : 6--1..// ����.� Its: „4,4E/-* F:\Legal Dept\Agreement\Otter Creek Phases IV-V-Public Improvements Const Agrt-WAC-redlined-2-14-06.doc 15 IN WITNESS WHEREOF,the parties have executed this Agreement on the date and year first above written. THE CITY OF ELGIN,an Illinois Attest: municipal corporation By: Ed Schock,Its Mayor Dolonna Mecum,City Clerk PINGREE L.L.C.,an Illinois HPI- it IN, ois limited limited liability company liabimpa AI By: Its: Its: WENNLUND FARM,L.L.C., an Illinois limited liability company By: Its: PINGREE CREEK,L.L.C.,an Illinois limited liability company By: Its: MEIER FARM ASSOCIATES LIMITED PARTNERSHIP,an Illinois limited partnership, By: Its: NESLER ROAD LIMITED PARTNERSHIP, an Illinois limited partnership, By: Its: WYNDHAM DEERPOINT HOMES,INC., an Illinois corporation, By: Its: F\Legal Dept\Agreement\Otter Creek Phases IV-V-Public Improvements Const Agrt-WAC-redlined-2-14-06 doc 15 EXHIBIT LIST Exhibit 1: Legal description of Crown Property Exhibit 2: Legal description of entire Shodeen Property (defined in Agreement as "Wennlund Farm Property) Exhibit 2A: Legal description of portion of Shodeen Property still owned by Shodeen Exhibit 2B: Legal description of portion of Shodeen Property now owned by Wennlund Farm Exhibit 3: Exhibit depicting Public Improvements Exhibit 4: Legal description of West Point Property Exhibit 5: Legal description of Wyndham Property Exhibit 6: Legal description of HPI Property (includes both East and West Assemblages) Exhibit 7: Legal description of Centex Property Exhibit 8: List of contractors for Phases 4A, 4B and 5A Exhibit 9: Easement Exhibit Exhibit 10: Cost Estimate for Cost of Public Improvements Exhibit 11: Far West Interceptor Sewers Policy for Inspection and Construction, dated April 30, 2003 Exhibit 12: Recapture ordinance Exhibit 13: Legal description of MB Financial Property Exhibit 14: Agreement between Crown, Wennlund Farm and Chicago Title Land Truste as Trustee,with an effective date of November 30, 2005 16 EXHIBIT 1 LEGAL DESCRIPTION OF CROWN PROPERTY 17 (41 c( Cht^owds. EXHIBIT "A" PARCEL A THAT PART OF. THE NORTHEAST QUARTER OF SECTION Il, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF SAID NORTHEAST QUARTER, 8 .23 AND A HALF CHAINS NORTH OF THE SOUTHEAST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 11, THENCE ALONG THE SECTION LINE 11 .76 AND A HALF CHAINS; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 11 . 1 CHAINS; THENCE SOUTH 29 DEGREES 10 MINUTES WEST 5. 47 CHAINS TO A POINT IN THE CENTER OF THE HIGHWAY; THENCE SOUTH 51 DEGREES EAST ALONG THE CENTER OF SAID HIGHWAY 4 CHAINS; THENCE SOUTH 64 DEGREES EAST ALONG THE CENTER OF SAID HIGHWAY 9 .78 CHAINS; THENCE SOUTHEASTERLY ALONG THE CENTER OF SAID HIGHWAY ABOUT '9 RODS TO THE EAST LINE OF SAID SECTION 11; THENCE NORTH ALONG THE SECTION LINE 4 AND A HALF RODS TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS . PART OF THE SOUTHEAST QUARTER OF SECTION 2 AND PART OF THE NORTHEAST QUARTER AND NORTHWEST QUARTER OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST .OF THE . THIRD PRINCIPAL MERIDIAN-, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE NORTH ALONG SECTION LINE ' 15.12 CHAINS; THENCE WEST PARALLEL WITH SOUTH LINE OF SAID SECTION, 28 .36 CHAINS; THENCE SOUTH 8 DEGREES EAST 15.27 CHAINS TO A POINT ON THE SOUTH LINE OF SAID SECTION, 6. 05 CHAINS WEST OF THE SOUTHEAST CORNER OF THE `WEST HALF OF THE SOUTHEAST QUARTER. OF SAID SECTION 2; THENCE WEST ALONG SAID SOUTH LINE 17. 65 CHAINS TO A POINT IN THE CENTER OF THE ROAD; THENCE SOUTH 17 AND A QUARTER DEGREES EAST ALONG THE CENTER OF SAID ROAD 2.55 CHAINS; THENCE SOUTH 47 DEGREES ' EAST ALONG THE CENTER OF SAID ROAD 8. 60 CHAINS; THENCE SOUTH 55 DEGREES EAST ALONG THE CENTER OF THE SAID ROAD. 6.40 CHAINS; . THENCE SOUTH 67 DEGREES EAST ALONG THE CENTER OF SAID ROAD, 5.87 CHAINS; THENCE SOUTH 56 AND THREE' QUARTERS DEGREES EAST ALONG THE CENTER OF SAID ROAD, 7 . 17 CHAINS TO A POINT-.IN THE WEST. LINE OF THE NORTHEAST QUARTER • OF THE NORTHEAST QUARTER OF SECTION 11, AFORESAID 1 .53 CHAINS NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE SOUTHEASTERLY ALONG G THE CENTER OF SAID ROAD TO ITS INTERSECTION WITH THE SOUTH LINE. OF SAID NORTHEAST QUARTER OF NORTHEAST QUARTER OF SECTION 11 ; THENCE , SOUTH 43 AND ONE HALF DEGREES EAST,' 6 .25 CHAINS; THENCE NORTH 29 DEGREES EAST 5 .47. CHAINS TO A POINT IN THE SOUTH LINE OF THE • XHIBtTx 3 tr h EXHIBIT "A!" CONTINUED NORTHEAST QUARTER OF THE NORTHEAST QUARTER. OF SECTION 11 ; THENCE EAST 11 .10 CHAINS TO THE EAST LINE OF SECTION 11 ; THENCE NORTH 20 CHAINS TO THE NORTHEAST CORNER OF SAID SECTION 11 AND THE POINT OF BEGINNING (EXCEPT THAT PART OF THE NORTH HALF OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 805 .2 FEET TO THE CENTER LINE OF THE DITCH OF THE PLATO RUTLAND DRAINAGE DISTRICT; THENCE SOUTH 48 DEGREES 25 MINUTES WEST 819 FEET TO THE CENTERLINE OF THE PUBLIC HIGHWAY; THENCE NORTHWESTERLY ALONG SAID CENTER LINE OF A 3 DEGREES 11 MINUTES CURVE TO THE RIGHT 686.9 FEET TO THE NORTH LINE OF SAID SECTION; THENCE EAST ALONG SAID NORTH LINE 223. 6 FEET TO THE POINT OF, BEGINNING) , IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS . AND ALSO EXCEPT: THAT PART OF SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, FURTHER DESCRIBED AS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 11, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 00 DEGREES 07 MINUTES 24 SECONDS EAST, 1324 . 65 FEET ALONG THE EAST LINE OF SAID SECTION 11 ; THENCE SOUTH 89 DEGREES 18 MINUTES 17 SECONDS WEST, 732 . 60 FEET; THENCE SOUTH 28 DEGREES 54. MINUTES 35 SECONDS WEST, 361 . 02 FEET TO THE CENTERLINE OF HIGHWAYS AS DESCRIBED PER DEED 982345; THENCE NORTH 42 DEGREES 55 MINUTES 49 SECONDS WEST ALONG SAID DESCRIBED CENTERLINE, 69.34 FEET TO THE POINT OF BEGINNING; THENCE NORTH 34 DEGREES 55 MINUTES 02 SECONDS EAST, 388 .75 NET; THENCE NORTH45 DEGREES 22 MINUTES 03 SECONDS WEST, 560. 00 FEET; THENCE SOUTH 34 DEGREES 55 MINUTES 02 SECONDS WEST, 398 . 03 fl ET TOTHE AFOREMENTIONED DESCRIBED CENTERLINE (THE FOLLOWING THREE COURSES ARE ALONG SAID DESCRIBED CENTERLINE) ; THENCE SOUTH 56 DEGREES 45 MINUTES 00 SECONDS EAST, 48. 65 FEET; THENCE SOUTH 50 DEGREES 42 MINUTES 34 SECONDS EAST, 157 . 13 ib.ET; THENCE SOUTH 42 DEGREES 55 MINUTES 49 SECONDS EAST, 354 .61 FEET TO THE POINT OF BEGINNING, ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, KANE COUNTY, ILLINOIS. THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP AND RANGE AFORESAID, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS . ' EXHIBIT "A" CONTINUED THAT PART OF THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 12, THENCE WEST ALONG THE NORTH LINE OF SAID QUARTER QUARTER 554 . 8. FEET FOR THE POINT OF BEGINNING; THENCE SOUTH PARALLEL WITH THE WEST LINE OF SAID SECTION 1497 .32 FEET TO THE CENTER LINE OF STATE ROAD; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID STATE ROAD 376 . 31 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO SAID CENTER LINE 215. 0 FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE 336. 80 FEET; THENCE SOUTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED LINE 215. 0 FEET TO THE CENTER LINE OF SAID STATE ROAD; THENCE NORTHWESTERLY ALONG SAID CENTER LINE TO THE WEST LINE OF SAID SECTION 12; THENCE NORTH ALONG. SAID WEST LINE 12. 32 CHAINS TO THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION; THENCE EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID NORTHWEST QUARTER 781 FEET TO THE POINT. OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : , BEGINNING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH 0. DEGREES 44 MINUTES 16 SECONDS EAST ALONG THE WEST LINE OF SAID QUARTER SECTION 1004 FEET; THENCE SOUTH 89 DEGREES 38 MINUTES 10 SECONDS EAST PARALLEL WITH THE SOUTH LINE OF SAID QUARTER SECTION 1323 . 63 FEET; THENCE SOUTH 0 DEGREES. 44 MINUTES 16 SECONDS WEST PARALLEL WITH THE WEST LINE OF SAID QUARTER SECTION 1004 FEET TO THE SOUTH LINE OF SAID QUARTER SECTION; THENCE NORTH 89 DEGREES 38 MINUTES 10 SECONDS WEST ALONG SAID SOUTH LINE 1323 . 63 FEET TO THE POINT OF BEGINNING, IN THE ' TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS . PARCEL B THAT PART OF THE SOUTHWEST QUARTER OF SECTION 1, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTHERLY ALONG THE WEST LINE OF SAID QUARTER 1004 .0 FLET FOR THE POINT OF BEGINNING; THENCE • EXHIBIT "A" CONTINUED EASTERLY ALONG A LINE PARALLEL WITH THE SOUTH LINE OF SAID QUARTER FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 23 SECONDS. FROM THE PROLONGATION OF THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 1323 .63 FEET; THENCE SOUTHERLY ALONG A LINE PARALLEL WITH SAID WEST LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 23 SECONDS FROM THE LAST DESCRIBED COURSE (MEASURED COUNTER CLOCKWISE THEREFROM) 1004.0 FEET TO A POINT ON SAID SOUTH LINE THAT IS 1323 . 63 FEET EASTERLY OF SAID SOUTHWEST CORNER; THENCE EASTERLY ALONG SAID SOUTH LINE FORMING AN ANGLE OF 89 DEGREES 33 MINUTES 23 SECONDS FROM THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 1335 . 34 FEET TO THE SOUTHEAST CORNER OF SAID QUARTER;. THENCE NORTHERLY ALONG THE EAST LINE OF , SAID QUARTER FORMING AN ANGLE OF 89 DEGREES 52 MINUTES 49 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 1792. 75 FEET TO THE SOUTH RIGHT OF WAY LINE OF THE IOWA, CHICAGO AND EASTERN RAILROAD (FORMERLY KNOWN AS THE CHICAGO, MILWAUKEE AND ST. PAUL_ R.MILROAD) ; THENCE WESTERLY ALONG SAID SOUTH RIGHT OF WAY FORMING AN -ANGLE OF 103 DEGREES 46 FEET 54 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM). 2713. 15 FEET TO THE SAID WEST LINE; THENCE SOUTHERLY ALONG SAID WEST LINE FORMING AN ANGLE OF 76 DEGREES 46 MINUTES 54 SECONDS FROM THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE. THEREFROM) 142,9 . 65 k1.ET TO THE POINT OF BEGINNING IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS . PARCEL C THAT. PART OF THE' SOUTHEAST QUARTER OF SECTION 1 AND THAT PART OF THE NORTHEAST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL. MERIDIAN, DESCRIBED AS FOLLOWS : COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH ALONG THE WEST LINE OF • ' SAID NORTHEAST QUARTER 252 . 92 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 73 DEGREES, 30 MINUTES, 32 SECONDS EAST 757 .33 FEET; THENCE NORTH 12 DEGREES, 28 MINUTES, 20 SECONDS EAST 1055 .2 FEET; THENCE NORTH 29 DEGREES, 45 MINUTES, 00. SECONDS EAST 687 . 83 } FET TO THE CENTER LINE OF HIGHLAND AVENUE ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTER LINE TO THE EAST LINE OF SAID SOUTHEAST QUARTER OF SECTION 1; THENCE SOUTHERLY ALONG SAID EAST LINE AND THE EAST LINE OF SAID NORTHEAST QUARTER OF SECTION 12 TO THE SOUTHEAST CORNER OF SAID NORTHEAST QUARTER; THENCE • N . EXHIBIT "A" CONTINUED NORTHWESTERLY TO A POINT ON THE. WEST LINE OF SAID NORTHEAST QUARTER THAT IS 735. 24 FEET NORTH OF THE SOUTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE NORTH. ALONG SAID WEST LINE 1650 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER OF SECTION 1 ; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER 712. 5 FEET; • THENCE SOUTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 98 DEGREES, 50 MINUTES, 0 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE 965.2 FEET FOR THE POINT OF . BEGINNING; THENCE CONTINUING SOUTHEASTERLY ALONG THE LAST DESCRIBED LINE 791 FEET.; THENCE NORTHEASTERLY ALONG A LINE • FORMING AN ANGLE OF 81 DEGREES, 08 MINUTES, 00 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED LINE 405. 1 FEET TO SAID CENTER LINE OF HIGHLAND AVENUE ROAD; THENCE NORTHWESTERLY ALONG SAID CENTER LINE .655 .8 FEET; THENCE SOUTHWESTERLY 688 FEET TO THE POINT OF BEGINNING AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS : COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTHERLY, ALONG THE WEST. LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 712 .50 FEET; THENCE SOUTHEASTERLY, ALONG A LINE • THAT FORMS AN ANGLE OF 98 DEGREES 50 MINUTES, 00 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 1.756.20 FEET TO THE SOUTHEASTERLY CORNER OF DOCUMENT NO. 1515428 FOR. , THE POINT OF BEGINNING THENCE SOUTHEASTERLY, ALONG A LINETHAT FORMS AN ANGLE OF 21 DEGREES, 44 MINUTES 26 SECONDS TO. THE RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF • 330. 92 FEET; THENCE NORTHEASTERLY, ALONG A LINE THAT FORMS AN ANGLEOF 102 DEGREES 52 MINUTES 26 SECONDS TO THE LEFT OF THE PROLONGATION OF THE LAST DESCRIBED COURSE, PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID DOCUMENT NO. 1515428, A DISTANCE OF 405.10 FEET TO THE CENTER LINE OF HIGHLAND AVENUE ROAD; THENCE NORTHWESTERLY, ALONG SAID CENTER LINE, A DISTANCE OF 330.92 khET TO THE NORTHEASTERLY CORNER OF AFORESAID DOCUMENT NO. 1515428; THENCE SOUTHWESTERLY, ALONG THE SOUTHEASTERLY LINE OF SAID DOCUMENT NO. 1515428, A DISTANCE OF 405 .10 FEET TO THE POINT OF BEGINING) , (EXCEPT THAT PART LYING IN HIGHLAND AVENUE AS DEDICATED PER . DOCUMENT NUMBER 526525) IN PLATO TOWNSHIP, KANE COUNTY, . ILLINOIS . ' THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS . • EXHIBIT "A" CONTINUED PARCEL D THAT PART OF THE WEST HALF OF SECTION 7, TOWNSHIP 41 NORTH, ' • RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS : THE NORTH 300 FEET OF THE SOUTH 320 FEET OF THE NORTHWEST QUARTER OF SAID SECTION 7 AND ALSO THE SOUTH 20 FEET OF THE EAST 300 FEET OF SAID NORTHWEST QUARTER OF SECTION 7, AND ALSO; THE 'NORTH 280 FEET OF THE EAST 300 FEET OF THE SOUTHWEST QUARTER OF SAID SECTION 7, ALL IN KANE COUNTY, ILLINOIS . PARCEL E THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE WEST LINE OF SAID QUARTER-QUARTER THAT IS 300 FEET. SOUTHERLY OF THE NORTHWEST CORNER THEREOF (AS- MEASURED ALONG SAID WEST LINE) ; THENCE EASTERLY TO A POINT ON THE EAST LINE OF SAID QUARTER-QUARTER THAT IS 400 FEET SOUTHERLY OF THE NORTHEAST CORNER THEREOF (AS MEASURED ALONG SAID EAST LINE)., SAID POINT BEING THE POINT OF TERMINUS OF THE HEREON DESCRIBED LINE, IN THE TOWNSHIP OF ELGIN, IN KANE COUNTY, ILLINOIS . PARCEL F THAT PART OF THE SOUTH HALF OF SECTION 7 AND PART OF THE NORTH HALF OF SECTION 18, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION' 7 AFORESAID, 76 LINKS ( 50.16 FEET) EAST OF THE SOUTHWEST CORNER THEREOF; THENCE SOUTH. 20 DEGREES 41 MINUTES 33 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) , 370 . 47 FEET;. THENCE NORTH 64 DEGREES 10 MINUTES 48 SECONDS WEST, 227 . 18 FEET; THENCE NORTH 49 DEGREES 04 'MINUTES 53 SECONDS EAST, 475 .91 FEET.; THENCE SOUTH 20 DEGREES 41 MINUTES 33 SECONDS WEST, 68 . 51 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF ELGIN., KANE COUNTY, ILLINOIS . . EXHIBIT "A" CONTINUED PARCEL G THAT PART OF THE SOUTHEAST QUARTER OF SECTION 7 AND THAT PART OF THE NORTHEAST AND NORTHWEST QUARTERS OF SECTION 18 TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS : • . BEGINNING AT A POINT- IN THE SOUTH =LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7 AFORESAID, 76 LINKS EAST OF THE SOUTHWEST CORNER THEREOF; THENCE SOUTH 21 DEGREES WEST 6 .70 CHAINS TO THE CENTER OF THE STATE ROAD; THENCE SOUTH 64 • DEGREES 5 MINUTES EAST ALONG THE CENTER OF SAID ROAD 17 . 50 • CHAINS; THENCE NORTH 21 DEGREES EAST 41 . 68 CHAINS; THENCE SOUTH 80 3/4THS DEGREES EAST 11 . 41 CHAINS TO THE EAST LINE OF SECTION 7; THENCE NORTH ALONG SAID EAST LINE 13 . 01 CHAINS TO A POINT 3 .24 CHAINS SOUTH OF THE NORTHEAST CORNER • OF THE SOUTHEAST QUARTER OF SECTION 7.; THENCE NORTH 83 DEGREES WEST_ 20. 16 CHAINS TO THE WEST LINE OF THE EAST HALF • OF SAID. SOUTH EAST QUARTER OF SECTION 7; THENCE SOUTH ALONG SAID WEST LINE 12 . 04 CHAINS. TO A POINT 6. 65 CHAINS NORTH OF THE SOUTHEAST CORNER OF THE -NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7; THENCE SOUTH 43 1/4 DEGREES j WEST 9 .12 CHAINS. TO A POINT IN THE SOUTH LINE OF. THE NORTHWEST QUARTER OF THE'' SOUTHEAST QUARTER OF SECTION 7 . . AFORESAID, 6.22 CHAINS WEST OF THE SOUTHEAST CORNER OF SAID QUARTER;. THENCE WEST ALONG THE SOUTH LINE OF SAID QUARTER, • 5.44 CHAINS; THENCE SOUTH 21 DEGREES WEST 21 .25 CHAINS TO'. THE POINT OF BEGINNING; IN THE TOWNSHIP OF ELGIN, 'KANE COUNTY, ILLINOIS . EXCEPTING THEREFROM THE FOLLOW DESCRIBED TRACT,. THAT PART OF THE SOUTH HALF OF SECTION 7, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: • COMMENCING AT THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER 'OF SAID SECTION 7; THENCE NORTH 89 • DEGREES 55 MINUTES. 18 SECONDS EAST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES ONLY) ALONG THE NORTH LINE OF SAID • QUARTER-QUARTER ,_ 1319. 05 FEET TO THE EAST LINE OF SAID QUARTER-QUARTER; THENCE SOUTH 00 DEGREES. 08 MINUTES 39 SECONDS EAST ALONG SAID EAST LINE, . 400 . 00 FEET TO THE POINT OF BEGINNING; THENCE SOUTH .85 'DEGREES 44 MINUTES 47 SECONDS EAST, 161 .14 FEET; THENCE SOUTH . 23 DEGREES 53 MINUTES 29 SECONDS EAST, 345..44 FEET; THENCE SOUTH 21 • DEGREES 15 MINUTES 29 SECONDS WEST, 1240. 00 FEET; THENCE SOUTH 64 DEGREES 03 MINUTES 02 .SECONDS WEST, 507 .30 FEET; • • EXHIBIT."A" CONTINUED THENCE NORTH 88 DEGREES 04 MINUTES 12 SECONDS WEST, 450 .00 FEET; THENCE NORTH 20 DEGREES '41 MINUTES 33 SECONDS EAST, • 814 . 12 FEET TO THE SOUTH LINE OF THE AFOREMENTIONED QUARTER-QUARTER; THENCE NORTH 89 DEGREES 42 MINUTES 13 . SECONDS EAST, 359.. 04 FEET ALONG SAID SOUTH LINE; THENCE NORTH 42 DEGREES 52 MINUTES 16 SECONDS EAST, 601 .76 FEET TO . THE AFOREMENTIONED EAST LINE OF SAID QUARTER-QUARTER; THENCE NORTH 00 DEGREES 08 MINUTES 39 SECONDS WEST, 485-.77 FEET ALONG SAID EAST LINE TO THE POINT OF BEGINNING, IN THE • TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS . EXHIBIT 2 LEGAL DESCRIPTION OF ENTIRE SHODEEN PROPERTY DEFINED IN AGREEMENT AS "WENNLUND FARM PROPERTY" • 18 i ll$1; • EXHIBIT B: COMBINED PINGREE CREEK LEGAL DESCRIPTION • That part of the Southwest Quarter of Section 27, part of the East Half of • Section 33 and part of Section 34, Township 42 North, Range 7 East of the Third Principal Meridian described as follows: Commencing at the most northerly corner of Lot 1, Block 3, Pingree Grove and Daniel Pingree's Addition to Pingree Grove, Kane County, Illinois;thence northeasterly along a line forming an angle of 63°25'00"with the northwesterly extension of the northeasterly line of said Lot 1, 234.75 feet for a point of beginning; thence southwesterly along the last described course 234.75 feet to the northeast comer of said Lot 1; thence northwesterly along said northwesterly extension 66.0 feet; thence northeasterly along a line forming an angle of 116°35'00" with the last described course (measured counterclockwise therefrom) 17.89" feet to a line drawn parallel with and 16.0 feet northeasterly of the northeasterly line (measured at right angles thereto) of Block 2 of said Pingree Grove and Daniel Pingree's Addition to Pingree Grove; thence northwesterly along said parallel line, being also 16.0 feet northeasterly of and parallel with the northeasterly line of Lots 1 through 4 of Mrs. H.M. Pingree's Second Addition to Pingree Grove, Kane County, Illinois 652.04 feet to the.northeasterly extension of the northwesterly line of said Lot 1; thence southwesterly along said northeasterly extension and northwesterly line forming an angle of 89°51'13"with the last described course (measured ( clockwise therefrom) 149.79 feet to the center line of Reinking Road; thence northerly along said center line forming an angle of 73°56'24" with the last described course(measured counterclockwise therefrom) 1931.32 feet to the center line of Highland Avenue; thence easterly along said center line forming an angle of 82°39'11" with the last described course (measured counterclockwise therefrom). 1770.58 feet to a line drawn parallel with and 792.0 feet (12.0 chains) easterly of the west line (measured at right angles" thereto)of the Northwest Quarter of said Section 34; thence.northerly along said parallel line forming an angle of 97°51'22"with the last described course • (measured clockwise therefrom) 1878.47 feet to the north line of said Northwest Quarter;thence westerly along said north line forming an angle of 89°44'39" with the last described course (measured clockwise therefrom) 33.01 feet to a line drawn parallel and with 759.0 feet(11.50 chains)easterly of the west line (measured at right angles thereto)of the Southwest Quarter of said Section 27;thence northerly along said parallel line forming an angle of 90°05'57" with the last described course (measured counterclockwise therefrom) 1321.48 feet to the north line of the South Half of said Southwest Quarter; thence easterly along said north line forming an angle of 89°56'24" with .the last described course (measured counterclockwise. therefrom) 1888.88 feet to the northeast corner of said South.Half; thence southerly along the east line of said South Half forming an angle of 89°54'51"with the last described course (measured counterclockwise therefrom) 1322.76 feet to the northwest corner of the Northwest Quarter of the Northeast Quarter of r • said Section 34; thence easterly along the north line of the Northwest Quarter of said Northeast Quarter forming an angle of 89°44'42"with the last • • • described course (measured clockwise therefrom) 1316.18 feet to the } northeast corner thereof; thence southerly along the east line of the Northwest Quarter of said Northeast Quarter forming an angle of 89°20'09" with the last described course (measured counterclockwise therefrom) 1318.91 feet to the southeast corner thereof;thence westerly along the south line of the Northwest Quarter of said Northeast Quarter forming an angle of 90°36'43" with the last described course (measured counterclockwise therefrom) 1314.44 feet to the southwest corner thereof; thence southerly along the east line of the West Half of said Section 34 forming an angle of 90°32'14" with the last described course (measured clockwise therefrom) 3961.27 feet to the southeast corner of said West Half; thence westerly along the south line of said West Half forming an angle of 90°26'34"with the last described course (measured counterclockwise therefrom) 1407.76 feet to the northeasterly line of the right of way of the Soo Line Railroad (formerly Chicago, Milwaukee, St.Paul and Pacific Railroad Company); thence. northwesterly along said northeasterly line forming an angle of 158°41'36" with the last described course (measured counterclockwise therefrom) 694.07 feet to a line drawn parallel with the northeasterly line of said Pingree Grove and Daniel Pingree's Addition to Pingree Grove from the point of beginning; thence northwesterly along said parallel line forming an angle of 142°06'21" with the last described course (measured counterclockwise therefrom) 808.28 feet to the point of beginning, excepting therefrom that part of the Southeast Quarter of said Section 33 described as follows: • Commencing at the most northerly corner of Lot. 1, Block 3 of said Pingree Grove and Daniel Pingree's Addition to.Pingree Grove;thence northwesterly along the northwesterly extension of the northeasterly line of said Lot 1,66.0 feet; thence northeasterly along a line forming an angle of 116°35'00" with the last described course (measured counterclockwise therefrom)17.89 feet to a line drawn parallel with and 16.0 feet northeasterly of the northeasterly line (measured at right angles thereto) of Block 2 of said Pingree Grove and Daniel Pingree's Addition to Pingree Grove;thence northwesterly along said parallel line, being also 16.0 feet northeasterly of and parallel with the northeasterly line of Lots 1 through 4 of said Mrs. H. M. Pingree's Second • Addition to Pingree Grove 652.04 feetto the northeasterly extension of the northwesterly line of said Lot 1; thence southwesterly along said northeasterly extension and northwesterly line forming an angle of 89°51'13" with the last described course(measured clockwise therefrom 149.79 feet to the center line of Reinking Road for a point of beginning; thence northerly along said center line forming an angle of 73°56'24"with the last described course (measured counterclockwise therefrom) 165.55 feet to the northwest corner of a tract of land conveyed by Document 1991347; thence easterly along the northerly line of said tract at right angles to said center line 154.36 feet to the northeast corner thereof; thence southerly along-an easterly line of said tract forming an angle of 89°07'01" with the last described course (measured counterclockwise therefrom) 81.47 feet; thence southerly along an easterly line of said tract forming an angle of 169°09'46" with the last described course (measured counterclockwise therefrom)39.66 feet;thence i • southwesterly along the southeasterly line of said tract. 151.94 feet to the . } point of beginning, all in Rutland Township, Kane County, Illinois, together with that part of Highland Avenue and Reinking Road lying northerly and westerly of, respectively, and adjoining the foregoing, and; Those parts of Section 2 and Part of the East Half of Section 3,Township 41 North, Range 7 East of the Third Principal Meridian described as follows: Beginning at the northwest corner of the Northeast Fractional Quarter of said . . Section 2; thence Eastalong the north line of said Northeast Fractional Quarter 378.84 feet (5.74 chains); thence South 8°00' East 3693.74 feet to the south line of said. Section 2; thence westerly along said south line 3572.66 feet to the southwest corner of said Section 2;thence westerly along the south line of said Section3, 1664.46 feet to the west line of the East 20 rods (330.0 feet)of the West Half of the East.Half of said Section 3; thence northerly along said west line of the East 20 rods 2718.68 feet to the center line of U.S. Route No. 20; thence northeasterly along said center line 1993.74 feet to the westerly line of Grove Street in Daniel Pingree's Addition to Pingree Grove extended northerly; thence southerly along said extended. westerly line and the westerly line of said Grove Street 198.19 feet to the southwest corner of said Grove Street; .thence northeasterly along a southeasterly line of said Grove Street and the southeasterly line of Block 4. in said Daniel Pingree's Addition 889.64 feet to the center line of State Street in said Daniel Pingree's Addition; thence northwesterly along the center line of said State Street 287.21 feet to a point on the southerly line extended of premises conveyed to John H. Kelley by QuitClaim Deed dated November 15, 1890, and recorded January 14, 1891, as Document 34606, in • Book 296, Page 19;thence northeasterly along said extended southerly line, the southerly line of said premises, and said southerly line extended 323.62 feet to the north line of the Northwest Fractional Quarter of said Section 2; thence easterly along said north line 1090.34 feet to the point of beginning, excepting therefrom that part thereof falling within the right of way of the Soo Line Railroad (formerly Chicago, Milwaukee, St. Paul and Pacific Railroad Company), in Plato Township, Kane County, Illinois, and also including; Lot 1 and the Easterly Half of Lot 2 in Block 4 of Daniel Pingree's Addition to Pingree Grove, Kane County, Illinois, in the Village of Pingree Grove, Kane County, Illinois, excepting from all of the foregoing described property those portions thereof currently falling within the Village of Pingree Grove corporate limits, as identified in Document No. 89197 recorded on April 26, 1907 at the Recorders Office in Kane County, Illinois(property commonly known as 4400 Damisch Road), and;• . That part of the Southeast Quarter of said Section 33 described as follows: Commencing at the most northerly corner of Lot 1, Block 3 of said Pingree • Grove and Daniel Pingree's Addition to Pingree Grove; thence northwesterly along the northwesterly extension of the northeasterly line of said Lot 1, 66.0 feet; thence northeasterly along a line forming an angle of 116 degrees 35 minutes 00 seconds,with the last described course (measured counter clockwise therefrom) 17.89 feet to a line. drawn parallel with and 16.0 northeasterly of the northeasterly line (measured at right angles thereto) of Block 2 of said Pingree Grove and Daniel Pingree's Addition to Pingree Grove; thence northwesterly along said parallel line, being also.16.0 feet northeasterly and parallel with the northeasterly line of Lots 1 through 4 of said Mrs. H.M. Pingree's Second Addition to Pingree Grove, 652.04 feet to the northeasterly extension of the northwesterly line of said Lot 1; Thence southwesterly along said northeasterly extension and northwesterly line forming an angle of 89 degrees 51 minutes 13 seconds with the last described course (measured clockwise therefrom) 149.79 feet to the center line of Reinking Road for a point of beginning; thence northerly along said center line forming an angle of 73 degrees, 56 minutes, 24 seconds with the last described course(measured counter clockwise therefrom) 165.55 feet to the northwest corner of a tract of land conveyed by Document 1991347; thence easterly along the northerly line of said tract forming an angle of 89 degrees 07 minutes 01 seconds with the last described course (measured counter clockwise therefrom)81.47 feet; thence southerly along an easterly line of said tract forming an angle of 169 degrees 09 minutes 46 seconds with the last described course(measured counter clockwise therefrom)39.66 4 ) feet; thence southwesterly along the southeasterly line of said tract, 151.94 feet to the point of beginning, all in Rutland Township, Kane County, Illinois. Property commonly known as 1545 Reinking Road, ' " . . and; That part of the Southwest Quarter of Section 34,Township 42 North, Range 7 East of the Third Principal Meridian, described as follows: Beginning at a point on the southeasterly line of the highway, north 32 degrees 13 minutes east, 171 feet and 9 inches from the northeast corner of Lot 1 in Block 3 of the Map of Pingree Grove, (said point being the northeast corner of the premises described in the deed to Matilda Squier dated March 24, 1892 and recorded June 6, 1892 as Document 46543 in Book 314, Page 599);thence continuing northeasterly along the southeasterly line of said highway, 63 feet; thence south 31 degrees 12 minutes east parallel with the easterly line of said Block 3 the northerly line of the Chicago, Milwaukee and St. Paul Railroad Company; thence northwesterly along the northerly line of said right of way,95 feet more or less,to a point which is south 31 degrees 12 minutes east, 10.80 chains from the point of beginning; thence north 31 degrees 12 minutes west parallel with the easterly line of Block 3 aforesaid, 10.80 chains to the point of beginning, in the Village of Pingree Grove, Kane County,' Illinois. Property commonly known as 1495 Damisch Road, and; f - - • Those parts of Section 2 and part of the east half of Section 3 Township 4,1 North Range 7 East of the Third Principal Meridian described as follows: Beginning at the northwest corner of the Northeast Fractional Quarter of said Section 2; thence east along the north line of said Northeast Fractional Quarter, 378.84 feet(5.74 chains);thence south 8 degrees 00 minutes east, 3693.74 feet to the south line of said Section 2; thence westerly along said south line, 3572.46 feet to.the southwest corner of said Section 2; thence westerly along the south line of said Section 3, 1664.46 feet to the west line of the east 20. rods (330.0 feet° of the West Half of the East Half of said Section 3;thence northerly along.said west line of the east 20 rods, 2718.68 feet to the center line of U.S. Route No. 20; thence northeasterly along said center line, 1993.74 feet to the westerly line. of Grove Street in Daniel Pingree's Addition to Pingree Grove extended northerly; thence southerly along said extended westerly line and the westerly line of said Grove Street, 198.19 feet to the southwest corner of said Grove Street; thence northeasterly along a southeasterly line of said .Grove Street and the southeasterly line of Block 4 in said Daniel Pingree's Addition, 889.64 feet to the center line of State Street in said Daniel Pingree's Addition; thence northwesterly along the center line of said State Street, 287.21 feet to.a point • on the southerly line extended of premises conveyed to John H. Kelley by QuitClaim Deed dated November 15, 1890, and recorded January 14, 1891, as Document 34606, in Book 296, Page 19; thence northeasterly along said. . •- extended southerly line, the southerly line of said premises, and said • southerly line extended, 323.62 feet to the north line of the Northwest Fractional Quarter of said Section 2; thenceeasterly along said north line; 1090.34 feet to the point of beginning, excepting therefrom that part thereof falling within the right of_way of the Soo Line Railroad (formerly Chicago, Milwaukee, St. Paul and Pacific Railroad Company), in the Village of Pingree Grove and Plato Township, Kane County, Illinois, and also including; Lot 1 and the easterly half of Lot 2 in Block 4 of Daniel Pingree's Addition to Pingree Grove, Kane County, Illinois, in Plato. Township, Kane County, Illinois, excepting from all of the foregoing described property those portions thereof falling within the City of Elgin Corporate Limits, as identified in Document No. 2004K059356 recorded on May 11, 2004 at,the Recorder's Office in Kane County, Illinois,as shown. Property commonly known as 1300 and 1301 U.S. Route No. 20. . . • • EXHIBIT 2A LEGAL DESCRIPTION OF PORTION OF SHODEEN PROPERTY STILL OWNED BY SHODEEN 19 LEGAL DESCRIPTION THAT PART OF THE SOUTHWEST QUARTER OF SECTION 27, PART OF THE EAST HALF OF SECTION 33 AND PART OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 1, BLOCK 3, PINGREE GROVE AND DANIEL PINGREE'S ADDITION TO PINGREE GROVE,KANE COUNTY, ILLINOIS;THENCE NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 63°25'00"WITH THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF SAID LOT 1, 234/5 FEET FOR A POINT OF BEGINNING; THENCE SOUTHWESTERLY ALONG THE LAST DESCRIBED COURSE 234.75 FEET TO THE NORTHEAST CORNER OF SAID LOT 1; THENCE NORTHWESTERLY ALONG SAID NORTHWESTERLY EXTENSION 66.0 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 116°35'00"WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 17.89 FEET TO A LINE DRAWN PARALLEL WITH AND 16.0 FEET NORTHEASTERLY OF THE NORTHEASTERLY UNE (MEASURED AT RIGHT ANGLES THERETO) OF BLOCK 2 OF SAID PINGREE GROVE AND DANIEL PINGREE'S ADDITION TO PINGREE GROVE;THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE, BEING ALSO 16.0 FEET NORTHEASTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF LOTS 1 THROUGH 4 OF MRS. H.M. PINGREE'S SECOND ADDITION TO PINGREE GROVE,KANE COUNTY, ILLINOIS 652.04 FEET TO THE NORTHEASTERLY EXTENSION OF THE NORTHWESTERLY LINE OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG SAID NORTHEASTERLY EXTENSION AND NORTHWESTERLY LINE FORMING AN ANGLE OF 89°51'13"WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 149.79 FEET TO THE CENTER LINE OF REINKING ROAD; THENCE NORTHERLY ALONG SAID CENTER LINE FORMING AN ANGLE OF 73°56'24" WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 1931.32 FEET TO THE CENTER LINE OF HIGHLAND AVENUE; THENCE EASTERLY ALONG SAID CENTER LINE FORMING AN ANGLE OF 82°39'11" WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 1770.58 FEET TO A LINE DRAWN PARALLEL WITH AND 792.0 FEET(12.0 CHAINS)EASTERLY OF THE WEST LINE(MEASURED AT RIGHT ANGLES THERETO)OF THE NORTHWEST QUARTER OF SAID SECTION 34;THENCE NORTHERLY ALONG SAID PARALLEL LINE FORMING AN ANGLE OF 97°51'22" WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 1878.47 FEET TO THE NORTH LINE OF SAID NORTHWEST QUARTER; THENCE WESTERLY ALONG SAID NORTH LINE FORMING AN ANGLE OF 89°44'39"WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 33.01 FEET TO A LINE DRAWN PARALLEL AND WITH 759.0 FEET (11.50 CHAINS) EASTERLY OF THE WEST LINE (MEASURED AT RIGHT ANGLES THERETO) OF THE SOUTHWEST QUARTER OF SAID SECTION 27; THENCE NORTHERLY ALONG SAID PARALLEL LINE FORMING AN ANGLE OF 90°05'57" WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 1321.48 FEET TO THE NORTH LINE OF THE SOUTH HALF OF SAID SOUTHWEST QUARTER;THENCE EASTERLY ALONG SAID NORTH LINE FORMING AN ANGLE OF 89°56'24" WITH THE LAST DESCRIBED COURSE, (MEASURED COUNTERCLOCKWISE THEREFROM)1888.88 FEET TO THE NORTHEAST CORNER OF SAID SOUTH HALF;THENCE SOUTHERLY ALONG THE EAST LINE OF SAID SOUTH HALF FORMING AN ANGLE OF 89°54'51"WITH THE LAST DESCRIBED COURSE(MEASURED COUNTERCLOCKWISE THEREFROM) 1322.76 FEET TO THE NORTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE EASTERLY ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER FORMING AN ANGLE OF 89°44'42" WITH THE LAST DESCRIBED COURSE (MEASURED CLOCKWISE THEREFROM) 1316.18 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHERLY ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER FORMING AN ANGLE OF 89°20'09"WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 1318.91 FEET TO THE SOUTHEAST CORNER THEREOF; THENCE WESTERLY ALONG THE SOUTH LINE OF THE NORTHWEST QUARTER OF SAID NORTHEAST QUARTER FORMING AN ANGLE OF 90°36'43"WITH Page l of 4 az` EXHIBIT ?max THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 1314.44 FEET TO THE SOUTHWEST CORNER THEREOF;THENCE SOUTHERLY ALONG THE EAST LINE OF THE WEST HALF OF SAID SECTION 34 FORMING AN ANGLE OF 90°32'14"WITH THE LAST DESCRIBED COURSE(MEASURED CLOCKWISE THEREFROM)3961.27 FEET TO THE SOUTHEAST CORNER OF SAID WEST HALF; THENCE WESTERLY ALONG THE SOUTH LINE OF SAID WEST HALF FORMING AN ANGLE OF 90°26'34"WITH THE LAST DESCRIBED COURSE(MEASURED COUNTERCLOCKWISE THEREFROM) 1407.76 FEET TO THE NORTHEASTERLY LINE OF THE RIGHT OF WAY OF THE SOO LINE RAILROAD(FORMERLY CHICAGO,MILWAUKEE,ST.PAULAND PACIFIC RAILROAD COMPANY); THENCE NORTHWESTERLY ALONG SAID NORTHEASTERLY LINE FORMING AN ANGLE OF 158°41'36"WITH THE LAST DESCRIBED COURSE(MEASURED COUNTERCLOCKWISE THEREFROM) 694.07 FEET TO A LINE DRAWN PARALLEL WITH THE NORTHEASTERLY LINE OF SAID PINGREE GROVE AND DANIEL PINGREE'S ADDITION TO PINGREE GROVE FROM THE POINT OF BEGINNING; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE FORMING AN ANGLE OF 142°06'21"WITH THE LAST DESCRIBED COURSE(MEASURED COUNTERCLOCKWISE THEREFROM)808.28 FEET TO THE POINT OF BEGINNING,EXCEPTING THEREFROM THAT PART OF THE SOUTHWEST QUARTER , OF SAID SECTION 34 DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 1, BLOCK 3 OF SAID PINGREE GROVE AND DANIEL PINGREE'S ADDITION TO PINGREE GROVE, BEING ON THE SOUTHEASTERLY LINE OF A FORMER HIGHWAY; THENCE NORTHEASTERLY ALONG SAID SOUTHEASTERLY LINE 1069.86 FEET;THENCE SOUTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 165.0 FEET;THENCE NORTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 153.0 FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 167.80 FEET TO THE SOUTHEASTERLY LINE OF DAMISCH ROAD FOR A POINT OF BEGINNING; THENCE SOUTHEASTERLY ALONG THE LAST DESCRIBED COURSE 167.80 FEET; THENCE NORTHEASTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 111.0 FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE 163.87 FEET TO THE SOUTHEASTERLY LINE OF SAID DAMISH ROAD; THENCE.SOUTHWESTERLY ALONG SAID SOUTHEASTERLY LINE BEING A CURVE TO THE RIGHT HAVING A RADIUS OF 14,510.75 FEET, 110.07 FEET TO THE POINT OF BEGINNING, AND ALSO EXCEPTING THEREFROM THAT PART OF THE SOUTHEAST QUARTER OF SAID SECTION 33 DESCRIBED AS FOLLOWS: COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 1, BLOCK 3 OF SAID PINGREE GROVE AND DANIEL PINGREE'S ADDITION TO PINGREE GROVE; THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF SAID LOT 1, 66.0 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 116°35'00"WITH THE LAST DESCRIBED COURSE(MEASURED COUNTERCLOCKWISE THEREFROM) 17.89 FEET TO A LINE DRAWN PARALLEL WITH AND 16.0 FEET NORTHEASTERLY OF THE NORTHEASTERLY LINE(MEASURED AT RIGHT ANGLES THERETO)OF BLOCK 2 OF SAID PINGREE GROVE AND DANIEL PINGREE'S ADDITION TO PINGREE GROVE; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE, BEING ALSO 16.0 FEET NORTHEASTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF LOTS 1 THROUGH 4 OF SAID MRS. H. M. PINGREE'S SECOND ADDITION TO PINGREE GROVE 652.04 FEET TO THE NORTHEASTERLY EXTENSION OF THE NORTHWESTERLY LINE OF SAID LOT 1; THENCE SOUTHWESTERLY ALONG SAID NORTHEASTERLY EXTENSION AND NORTHWESTERLY LINE FORMING AN ANGLE OF 89°5113" WITH THE LAST DESCRIBED COURSE(MEASURED CLOCKWISE THEREFROM 149.79 FEET TO THE CENTER LINE OF REINKING ROAD FOR A POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID CENTER LINE FORMING AN ANGLE OF 73°56'24" WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM)165.55 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED BY DOCUMENT 1991347; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID TRACT AT RIGHT ANGLES TO SAID CENTER LINE 154.36 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHERLY ALONG AN EASTERLY LINE OF SAID TRACT FORMING AN ANGLE OF 89°07'01" WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM)81.47 FEET;THENCE SOUTHERLYALONG AN EASTERLY LINE • Page 2of 4 OF SAID TRACT FORMING AN ANGLE OF 169°09'46" WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM)39.66 FEET;THENCE SOUTHWESTERLYALONG THE SOUTHEASTERLY LINE OF SAID TRACT 151.94 FEET TO THE POINT OF BEGINNING, ALL IN RUTLAND TOWNSHIP, KANE COUNTY, ILLINOIS, TOGETHER WITH THAT PART OF HIGHLAND AVENUE AND REINKING ROAD LYING NORTHERLY AND WESTERLY OF, RESPECTIVELY, AND ADJOINING THE FOREGOING, AND ALSO; THOSE PARTS OF SECTION 2 AND PART OF THE EAST HALF OF SECTION 3,TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE NORTHEAST FRACTIONAL QUARTER OF SAID SECTION 2; THENCE EAST ALONG THE NORTH LINE OF SAID NORTHEAST FRACTIONAL QUARTER 378.84 FEET (5.74 CHAINS); THENCE SOUTH 8°00' EAST 3693.74 FEET TO THE SOUTH LINE OF SAID SECTION 2;THENCE WESTERLY ALONG SAID SOUTH LINE 3572.66 FEET TO THE SOUTHWEST CORNER OF SAID SECTION 2;THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 3, 1664.46 FEET TO THE WEST LINE OF THE EAST 20 RODS (330.0 FEET) OF THE WEST HALF OF THE EAST HALF OF SAID SECTION 3;THENCE NORTHERLY ALONG SAID WEST LINE OF THE EAST 20 RODS 2718.68 FEET TO THE CENTER LINE OF U.S. ROUTE NO. 20; THENCE NORTHEASTERLY ALONG SAID CENTER LINE 1993.74 FEET TO THE WESTERLY LINE OF GROVE STREET IN DANIEL PINGREE'S ADDITION TO PINGREE GROVE EXTENDED NORTHERLY; THENCE SOUTHERLY ALONG SAID EXTENDED WESTERLY LINE AND THE WESTERLY LINE OF SAID GROVE STREET 198.19 FEET TO THE SOUTHWEST CORNER OF SAID GROVE STREET; THENCE NORTHEASTERLY ALONG A SOUTHEASTERLY LINE OF SAID GROVE STREET AND THE SOUTHEASTERLY LINE OF BLOCK 41N SAID DANIEL PINGREE'S ADDITION 889.64 FEET TO THE CENTER LINE OF STATE STREET IN SAID DANIEL PINGREE'S ADDITION; THENCE NORTHWESTERLY ALONG THE CENTER LINE OF SAID STATE STREET 287.21 FEET TO A POINT ON THE SOUTHERLY LINE EXTENDED OF PREMISES CONVEYED TO JOHN H. KELLEY BY QUITCLAIM DEED DATED NOVEMBER 15, 1890, AND RECORDED JANUARY 14, 1891, AS DOCUMENT 34606, IN BOOK 296, PAGE 19; THENCE NORTHEASTERLY ALONG SAID EXTENDED SOUTHERLY LINE, THE SOUTHERLY LINE OF SAID PREMISES, AND SAID SOUTHERLY LINE EXTENDED 323.62 FEET TO THE NORTH LINE OF THE NORTHWEST FRACTIONAL QUARTER OF SAID SECTION 2; THENCE EASTERLY ALONG SAID NORTH LINE 1090.34 FEET TO THE POINT OF BEGINNING, EXCEPTING THEREFROM THAT PART THEREOF FALLING WITHIN THE RIGHT OF WAY OF THE SOO LINE RAILROAD (FORMERLY CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY), IN THE VILLAGE OF PINGREE GROVE AND PLATO TOWNSHIP, KANE COUNTY, ILLINOIS,AND ALSO INCLUDING; LOT 1 AND THE EASTERLY HALF OF LOT 2 IN BLOCK 4 OF DANIEL PINGREE'S ADDITION TO PINGREE GROVE,KANE COUNTY,ILLINOIS, IN THE VILLAGE OF PINGREE GROVE,KANE COUNTY, ILLINOIS, EXCEPTING FROM ALL OF THE FOREGOING DESCRIBED PROPERTY THOSE PORTIONS THEREOF CURRENTLY FALLING WITHIN THE VILLAGE OF PINGREE GROVE CORPORATE LIMITS, AS IDENTIFIED IN DOCUMENT NO.89197 RECORDED ON APRIL 26,1907 AT THE RECORDERS OFFICE IN KANE COUNTY, ILLINOIS, AND ALSO THAT PART OF THE SOUTHEAST 1/4 OF SECTION 33 TOWNSHIP 42 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS:COMMENCING AT THE MOST NORTHERLY CORNER OF LOT 1, BLOCK 3 OF SAID PINGREE GROVE AND DANIEL PINGREE'S ADDITION TO PINGREE GROVE;THENCE NORTHWESTERLY ALONG THE NORTHWESTERLY EXTENSION OF THE NORTHEASTERLY LINE OF SAID LOT 1, 66.0 FEET; THENCE NORTHEASTERLY ALONG A LINE FORMING AN ANGLE OF 116 DEGREES 35 MINUTES 00 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 17.89 FEET TO A LINE DRAWN Page 3 of 4 PARALLEL WITH AND 16.0 FEET NORTHEASTERLY OF THE NORTHEASTERLY LINE (MEASURED AT RIGHT ANGLES THERETO) OF BLOCK 2 OF SAID PINGREE GROVE AND DANIEL PINGREE'S ADDITION TO PINGREE GROVE; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE BEING" ALSO 16.0 FEET NORTHEASTERLY OF AND PARALLEL WITH THE NORTHEASTERLY LINE OF LOTS 1 THROUGH 4 OF SAID MRS.H.M.PINGREE'S SECOND ADDITION TO PINGREE GROVE 652.04 FEET TO THE NORTHEASTERLY EXTENSION OF THE NORTHWESTERLY LINE OF SAID LOT 1;THENCE SOUTHWESTERLY ALONG SAID NORTHEASTERLY EXTENSION AND NORTHWESTERLY LINE FORMING AN ANGLE OF 89 DEGREES 51 MINUTES 13 SECONDS WITH THE LAST DESCRIBED COURSE(MEASURED CLOCKWISE THEREFROM)149.79 FEET TO THE CENTER LINE OF REINKING ROAD FOR A POINT OF BEGINNING; THENCE NORTHERLY ALONG SAID CENTER LINE FORMING AN ANGLE OF 73 DEGREES 56 MINUTES 24 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 165.55 FEET TO THE NORTHWEST CORNER OF A TRACT OF LAND CONVEYED BY DOCUMENT 1991347; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID TRACT AT RIGHT ANGLES TO SAID CENTER LINE 154.36 FEET TO THE NORTHEAST CORNER THEREOF; THENCE SOUTHERLY ALONG AN EASTERLY LINE OF SAID TRACT FORMING AN ANGLE OF 89 DEGREES 07 MINUTES 01 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 81.47 FEET; THENCE SOUTHERLY ALONG AN EASTERLY LINE OF SAID TRACT FORMING AN ANGLE OF 169 DEGREES 09 MINUTES 46 SECONDS WITH THE LAST DESCRIBED COURSE (MEASURED COUNTERCLOCKWISE THEREFROM) 39.66 FEET THENCE SOUTHWESTERLY ALONG THE SOUTHWESTERLY LINE OF SAID TRACT 151.94 FEET TO THE POINT OF BEGINNING, ALL IN RUTLAND TOWNSHIP, KANE COUNTY, ILLINOIS, AND ALSO THAT PART OF THE SOUTHWEST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS:BEGINNING AT A POINT ON THE SOUTHEASTERLY LINE OF THE HIGHWAY NORTH 32 DEGREES 13 MINUTES EAST 171 FEET AND 9 INCHES FROM THE NORTHEAST CORNER OF LOT 1 IN BLOCK 3 OF THE MAP OF PINGREE GROVE, (SAID POINT BEING THE NORTHEAST CORNER OF THE PREMISES DESCRIBED IN THE DEED TO MATILDA SQUIER DATED MARCH 24, 1892 AND RECORDED JUNE 6, 1892 AS DOCUMENT 46543 IN BOOK 314 PAGE 599); THENCE CONTINUING NORTHEASTERLY ALONG THE SOUTHEASTERLY LINE OF SAID HIGHWAY 63 FEET; THENCE SOUTH 31 DEGREES 12 MINUTES EAST PARALLEL WITH THE EASTERLY LINE OF SAID BLOCK 3 TO THE NORTHERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO MILWAUKEE AND ST. PAUL RAILROAD COMPANY; THENCE NORTHWESTERLY ALONG THE NORTHERLY LINE OF SAID RIGHT OF WAY 95 FEET MORE OR LESS TO A POINT WHICH IS SOUTH 31 DEGREES 12 MINUTES EAST 10.80 CHAINS FROM THE POINT OF BEGINNING; THENCE NORTH 31 DEGREES 12 MINUTES WEST PARALLEL WITH THE EASTERLY LINE OF BLOCK 3 AFORESAID 10.80 CHAINS TO THE POINT OF BEGINNING, IN THE VILLAGE OF PINGREE GROVE, KANE COUNTY, ILLINOIS. Page 4 of 4 EXHIBIT 2B LEGAL DESCRIPTION OF PORTION OF SHODEEN PROPERTY NOW OWNED BY WENNLUND FARM • 20 LEGAL DESCRIPTION (WENNLUND FARM, L.L.C.) THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 27 (EXCEPTING THEREFROM THE WEST 11.5 CHAINS THEREOF), THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER AND THAT PART OF THE NORTHWEST QUARTER OF SECTION 34, LYING NORTH OF THE CENTER LINE OF THE ROAD (EXCEPTING THEREFROM THE WEST 12 CHAINS MEASURED AT RIGHT ANGLES TO THE WEST LINE OF SAID NORTHWEST QUARTER),ALL IN TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS. P.I.N. 02-27-300-017, 02-34-100-002, 02-34-100-003, 03-34-100-004 AND 02-34-200-001 • EXHIBIT 3 EXHIBIT DEPICTING PUBLIC IMPROVEMENTS 21 • . • EXHIBIT ,I N SEWER AND WATER IMPROVEMENTS • • GILBERTS LAND USE PLAN(?OUG)' �'� �� „.., i — . `, r -..r,. ...� .�.. .. %/' NPI LAST I • �_ (` t,,/ lxT SiAI!W+ .. - N��• Nvui n.um I. LOW FROI IEa9a11tST . • ,11110 PHASE s�oam.MOM nwu onen ami • L • - 7_.Ib.v .,T ma 0€AORMOIM.LOOM Or • • MRCS 10.11 MAT ESCEEDS OE LEISSIN OF RIME 11/01 �., FILAGREE GROVE MOW.PROPOSED 0113.me 0Asourou Oar urr r -.'::::::::.::::::-..::-::.:.::::• • • 1 PROPOSED FPAMOUND.bE.9D MqM WALL M FD.D[ // ......:::::,.......,:,:. ,. . .. • • .�. • - n. z MDMMMV6 vacataFm MOO xartx v w=MFoa . - Y]1 '•�•, • =1,11.510 MOIA^..= tO MOWS OMNR satr M Ia ) b '. 1FNSY:IMI 1110Y . -•_-_-, `...M' _ _ •O[�QD.aa Nx1 orna oMDI Nmlmml • • ( F AS.O.''''''''.41.f.mar:SMML r¢wlmt ra a .SMOOEEN 51naCIaO.wD FaIMg10 SEKM MO MMP u.a6 FMOY OtYEEOPPIIaff • DIDM OEEWOr"A O 1'0 1IE D1IEM GFPM NIEMCTODERIM Y DIDSt SEDEII MO =DI 40045 LIRL Ilq E ODMtOgm • ` f ,"`5� .�///////////IJ ` �. FSR!R 116 IEAIpMaE M]VMOM. �rr ,..ITi �I ..},SI:AF.R lt. 5.soma an SIIONFM PROMM�T.MIMI 6 w/_.ME , _ ... Fw3o�.SWx P.'+IY..•. / ROMLED ro IS.II MO El'. DOWNS M1PI FOI FAC P.lSwF1€l1; \ I a•�'Ol =w,E�sF SIFmI _ _ worm sumo(01000 omx M w M 0-a1 �\ INUREE GROVE �• 2...41144.1101:000,400,. t.M.Nf0AAaaM IRE 16100 0OM0Is ST • . olv.x/am[>N'SIM/RE ISRAF O a.ac.cD Fm ,:,:.',./...,•.' •,,.! _ ROUSTED RV TO an OR tP1ws v aolN/saoml MOM 00(CROI.CC TY BOOMDEVELOED (OMIT hurl T TIE I/s0¢tEl OMR ME�I IS.0 IMMIXE SA OR Nxanm 0.03 COTF DILA FROM E CI OF Mi M. S OF ME arnM Doul anpo�r•IaI s5x7a re• 4, //' '.._...._.._ .10•••••_ i1Q0pttta.W mMRNiMu1 PMa TIE/m OF Wit Mal wEsr / , - - �.•. xlaxonsn5sna - fMD PIOl9fM i.;. B • IgOEEry ._. : .... maalluM.+IItiaMN.sl .+ • ®IMIION.F7xmN11YLWNamI • � ' ."Ocrciwovnorileir r'-.T_'a uNITNasnra,m.®, • • • III ; �� - SW-- • . .' j .1 ,- / _,,%''/�// tam..NaN=N 6 � . (0111111! ..-.lsrtxr of N.OI.OMEN I !i!i l octs� �r NISI.Malnlx . / , ZA/ . ''• . • / momromIl l .I= /�/. . a�..atoa.a.� • 00 M.IM.mNa.a J E�tirePlr ..._ n dt.E57JIxT .yam av®rar2rwnOMAM ORM • aMl � ....► wIa® IUNnrwuMau M1ppNlPr . • aanwtaw vaxwsml aCIMPM OMOMIrawO MtT1” s7nMr� `• fF}CO AS DO.A ���m Mon7®MxMFFTNnM11PTama.mauMq. • .. MENSED 1712/05 • MEMO)11/17/05 FEROBINSON ENGINEERING LTO. . fM1E t . . cowling M.Istamd Plat nbs�Erasers I - ewaoa a.. . e...c..«1uen a EXHIBITS EXHIBIT 4 LEGAL DESCRIPTION OF WEST POINT PROPERTY 22 • • • PARCEL 3 (ALL OF THE PROPERTY): y • THAT PART OF SECTION 18 AND PART OF THE NORTHWEST QUARTER OF SECTION 19, ALL IN TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF THE SOUTHEAST QUARTER OF SECTION 13,TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING . AT THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 18; THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHEAST QUARTER 462 FEET TO THE CENTERLINE OF U.S. ROUTE 20; THENCE NORTH 64°05' WEST ALONG SAID CENTERLINE, 30.36 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 64°05' • EAST ALONG SAID CENTERLINE OF HIGHWAY, 925.4 FEET FOR THE POINT OF BEGINNING; THENCE SOUTH 64°05' EAST ALONG SAID CENTERLINE, , 882.86 FEET TO A POINT 289.74 FEET WESTERLY OF THE INTERSECTION OF THE CENTER OF SAID ROAD WITH THE CENTER OF A ROAD RUNNING . NORTHEASTERLY THROUGH SAID SECTION 18; THENCE SOUTH 31°30'WEST PARALLEL WITH THE CENTER OF SAID ROAD, 792.99 r'EET; THENCE SOUTH 64°05' EAST, 289.4 FEET TO THE CENTER OF ROAD; THENCE SOUTH 31°21' WEST, 1868.62 FEET TO AN ANGLE IN SAID ROAD; THENCE SOUTH 50°05' WEST,-170-FEET;THENCE--SQUID-40'47" WEST-ALONG-THE-CENTER-OF-SAM - -- ROAD, 2335 FEET; THENCE NORTH 49°39' WEST, 1502 FEET; THENCE NORTH 46°28' EAST, 992.2 FEET; THENCE NORTH 46°39' EAST, 1479.8° FEET TO A POINT SOUTH 48° EAST,.20.92 CHAINS FROM THE POINT ON THE TOWNSHIP LINE 29 CHAINS SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 18, AFORESAID; THENCE NORTH 48°WEST, 591.3 FEET TO A POINT SOUTH 25°13' WEST FROM POINT "A", AFORESAID; THENCE NORTH 25°13' EAST, 1688.6. FEET TO.A POINT 530.4 FEET SOUTHERLY MEASURED ALONG THE LAST DESCRIBED LINE FROM SAID POINT "A"; ,THENCE SOUTH 64°05;' EAST PARALLEL WITH THE CENTERLINE OF U.S. ROUTE 20, 926 FEET TO A POINT SOUTH 25°22' WEST FROM THE POINT OF BEGINNING; THENCE NORTH 25°22' EAST, 524.8 FEET TO THE POINT OF BEGINNING, TOGETHER WITH THE • FOLLOWING DESCRIBED PROPERTY: THAT PART OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE THIRD.PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID NORTHEAST QUARTER; THENCE SOUTH ALONG THE WEST LINE OF SAID NORTHEAST QUARTER, 462 FEET TO THE CENTERLINE OF U.S. ROUTE 20; THENCE SOUTH 64°05' EAST ALONG SAID CENTERLINE, 541.86 FEET FOR THE POINT OF • BEGINNING; THENCE NCE SOUTH 25°55' WEST, 528 FEET; THENCE SOUTH 64°05' F:\cadd\3094.00\500\LGL ANNEXED NOTANNEXED.doc&.ans 4 1/6/2005 r EAST PARALLEL WITH THE CENTERLINE OF SAID U.S. ROUTE 20, 351.78 FEET; THENCE NORTH 25°55' EAST, 528 _ FEET TO A• POINT ON THE CENTERLINE OF SAID U.S. ROUTE 20, 874.50 FEET EASTERLY OF,MEASURED ALONG SAID CENTERLINE, THE WEST LINE OF SAID NORTHEAST QUARTER; THENCE NORTH 64°05' WEST ALONG SAID CENTERLINE TO THE POINT OF BEGINNING, SITUATED IN THE.TOWNSHIPS OF ELGIN AND PLATO, COUNTY, OF KANE,IN THE STATE OF ILLINOIS. . • • • • • • • • • FAcadd13094.001500\LGL ANNEXED NOTANNEXED.doc&.ans • 5 1/6/2005 . EXHIBIT 5 LEGAL DESCRIPTION OF WYNDHAM PROPERTY 23 WNA `' • ham �L°�f�1'�►"� • ,, PARCEL ONE: THAT PART OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTH 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE NORTH ALONG THE SECTION LINE 503 FEET; THENCE SOUTH 89 DEGREES 50 MINUTES WEST, 1385.9 FEET TO THE CENTER LINE OF THE HIGHWAY; THENCE SOUTHERLY ALONG SAID CENTER LINE TO THE SOUTH LINE OF THE NORTH 1/2 OF SAID NORTHEAST 1/4; THENCE EAST ALONG THE SOUTH LINE TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. ' PARCEL TWO: THAT PART OF THE NORTHWEST FRACTIONAL QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: • COMMENCING AT THE NORTHWEST CORNER OF SAID 'SECTION 18; THENCE EAST ALONG THE NORTH LINE OF SAID SECTION 662.64 FEET. TO THE CENTER OF THAT STATE ROAD; THENCE SOUTH 64 DEGREES 05 MINUTES EAST ALONG SAID CENTER, LINE 112.86 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 64 DEGREES 05 MINUTES EAST ALONG SAID CENTER LINE TO A POINT 30.36 FEET WESTERLY, MEASURED ALONG SAID CENTER LINE, FROM THE EAST LINE OF SAID NORTHWEST FRACTIONAL QUARTER FOR THE POINT OF BEGINNING; THENCE NORTH 64 DEGREES 05 MINUTES WEST ALONG SAID CENTER LINE TO SAID POINT "A"; • THENCE SOUTH 25 DEGREES 55 MINUTES WEST 366.96 FEET; THENCE NORTH • 64 DEGREES 05 MINUTES WEST 112.86 FEET; THENCE NORTH 73 DEGREES 15 MINUTES WEST TO A POINT WHICH IS NORTH 81 DEGREES 44 MINUTES EAST 153 FEET FROM A POINT IN THE WEST LINE OF SAID QUARTER SECTION 186.93 FEET SOUTHERLY OF THE SOUTHERLY LINE OF THE PLATO ROAD; THENCE SOUTH 81 DEGREES 44 MINUTES WEST 153 FEET TO THE WEST LINE OF SAID QUARTER SECTION; THENCE SOUTH ALONG SAID WEST LINE TO A POINT 29 CHAINS SOUTH OF THE NORTHWEST CORNER OF SAID SECTION 18; THENCE SOUTH 4 8 DEGREES EAST 781.66 FEET TO A LINE DRAWN SOUTH 25 DEGREES 13 MINUTES WEST FROM THE POINT OF BEGINNING; THENCE NORTH 25 DEGREES 13 MINUTES EAST 2219 FEET TO THE POINT OF. BEGINNING, IN THE TOWNSHIP OF ELGIN, KANE COUNTY, • ILLINOIS. PARCEL THREE: THAT PART OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST AND THAT PART OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: . . *kms EXHIBJT= . • I , BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF - SECTION 13; THENCE,NORTH 1.59 CHAINS TO THE NORTHWEST CORNER OF , THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE EAST ON THE NORTH LINE OF SAID QUARTER 11.95 CHAINS; THENCE SOUTH 48 DEGREES EAST 3.62 CHAINS TO A GRANITE STONE; THENCE SOUTH 47 DEGREES WEST TO INTERSECT THE EAST LINE OF THE SOUTHEAST 1/4 OF SAID SECTION 13 AT A POINT 15.42 CHAINS SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE ON THE SAME COURSE 70 LINKS PAST SAID EAST LINE; THENCE NORTH 60 DEGREES WEST 21.19 CHAINS; THENCE SOUTH 38 DEGREES WEST 10 CHAINS; THENCE NORTH 57 DEGREES WEST . 3.29 CHAINS; THENCE SOUTH 43 DEGREES 15 MINUTES WEST 10 CHAINS AND 71 LINKS TO A STAKE 5.12 CHAINS EAST OF THE WEST LINE OF SAID LAST NAMED QUARTER SECTION; THENCE NORTH 85 DEGREES WEST 17.12 CHAINS TO THE EAST LINE OF IRA RUSSELL'S FARM AND CROSSING THE WEST LINE OF SAID LAST NAMED QUARTER QUARTER SECTION 18.25. CHAINS NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE NORTH 49 DEGREES 15 MINUTES EAST 43 CHAINS ALONG SAID RUSSELL'S EAST LINE TO THE WEST LINE OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SAID SECTION 13; THENCE SOUTH 7.40 CHAINS TO THE SOUTHWEST CORNER OF SAID EAST 1/2; THENCE EAST 20.5 CHAINS TO THE POINT OF BEGINNING (EXCEPT THAT PART OF THE SOUTH 1/2 OF SECTION 13, TOWNSHIP 41 ( NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF LOT 50 OE _ MONTAGUE FOREST UNIT NO. 4; THENCE NORTH 12 DEGREES 51 MINUTES 15 SECONDS EAST ALONG THE WESTERLY LINE OF SAID LOT, 55 FEET WESTERLY TO AN ANGLE IN SAID WESTERLY LINE FOR THE POINT OF BEGINNING; THENCE NORTH 84 DEGREES 02 MINUTES WEST 1083.7 FEET TO THE CENTER LINE OF THE ELGIN-PLATO ROAD; THENCE SOUTHWESTERLY ALONG SAID CENTER LINE 30.62 FEET TO THE NORTHWEST CORNER OF MONTAGUE FOREST UNIT NO. 1; THENCE SOUTH 84 DEGREES 02 MINUTES EAST ALONG SAID NORTH LINE 1098.37 FEET TO THE WESTERLY LINE OF LOT 50 IN MONTAGUE FOREST, UNIT NO. 4; THENCE NORTH 12 DEGREES 51 MINUTES 15 SECONDS EAST ALONG SAID WESTERLY LINE 25.18 FEET TO THE POINT OF BEGINNING), IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS. PARCEL FOUR: . THAT PART OF THE NORTHWEST 1/4 OF SECTION 18, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN DESCRIBED AS FOLLOWS: • • BEGINNING AT THE SOUTHWEST CORNER OF THE NORTHWEST 1/4 OF SAID SECTION; THENCE NORTH 45.64 RODS TO A POINT THAT IS 29 CHAINS SOUTH OF THE NORTHWEST CORNER OF SAID SECTION; THENCE SOUTH 48 • DEGREES EAST TO A POINT ON THE QUARTER SECTION LINE 47.82 RODS . EAST OF THE POINT OF BEGINNING; THENCE WEST TO THE POINT OF A 4. . BEGINNING, IN THE TOWNSHIP OF ELGIN, KANE COUNTY, ILLINOIS. PARCEL FIVE: THE SOUTHEAST 1/4 OF THE NORTHEAST 1/4 OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT A PIECE IN THE NORTHWEST CORNER THEREOF. 20 RODS SQUARE), ALL IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. PARCEL SIX: THAT PART OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: • COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 13; THENCE NORTH 1.59 CHAINS TO THE NORTHWEST CORNER OF THE SOUTHWEST FRACTIONAL QUARTER OF SECTION 18, TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE EAST ON THE NORTH LINE OF SAID QUARTER 11.95 CHAINS; THENCE SOUTH 48 DEGREES EAST 3.62 CHAINS TO GRANITE STONE; THENCE SOUTH 47 DEGREES WEST TO INTERSECT THE EAST LINE OF THE SOUTHEAST 114 OF SAID SECTION 13 AT A POINT 15.42 CHAINS SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE ON THE SAME COURSE 70 LINKS PAST SAID • EAST LINE; THENCE NORTH 60 DEGREES WEST 21.19 CHAINS; THENCE e. SOUTH 38 DEGREES WEST 10 CHAINS ALONG THE WEST LINES OF MONTAGUE FOREST UNITS FIVE AND FOUR FOR THE POINT OF BEGINNING;, THENCE NORTH 57 DEGREES WEST 3.29 CHAINS; THENCE SOUTH 43 • DEGREES 15 MINUTES WEST 283.51 FEET TO THE NORTHWEST CORNER OF LOT 52 OF MONTAGUE FOREST UNIT NO. 4; THENCE EASTERLY ALONG THE NORTHERLY LINE OF SAID LOT 52 A DISTANCE OF 284.8 FEET TO THE WESTERLY LINE OF LOT 55 IN SAID UNIT NO. 4; THENCE NORTHEASTERLY ALONG SAID WESTERLY LINE 130 FEET TO THE POINT OF BEGINNING, IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. ALSO: PURSUANT TO ARTICLE 7 SECTION 5/7-1-1 OF THE ILLINOIS MUNICIPAL CODE (65 ILCS 5/7-1-1) THE NEW BOUNDARY OF THE TERRITORY TO BE ANNEXED SHALL EXTEND TO THE FAR SIDE OF ANY ADJACENT RIGHT OF WAY AND SHALL INCLUDE ALL RIGHT OF WAY WITHIN THE AREA TO BE ANNEXED. THEREFORE, FOR THIS ANNEXATION, THE AREA TO BE ANNEXED SHALL EXTEND TO THE NORTH SIDE OF ROUTE 20 AS SHOWN. • • ( V EXHIBIT 6 LEGAL DESCRIPTION OF HPI PROPERTY (INCLUDES BOTH EAST AND WEST ASSEMBLAGES) 24 • MP r, ' - EXHIBIT A EAST ASSEMBLAGE TRACT A: • PARCEL ONE: THAT PART OF THE NORTHWEST, THE NORTHEAST, THE SOUTHWEST AND THE SOUTHEAST QUARTERS OF SECTION 1, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD ( PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH LINE OF SECTION 1, TOWNSHIP AND RANGE AFORESAID, WHICH POINT IS 2.74, CHAINS EAST OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD. PRINCIPAL MERIDIAN; RUNNING THENCE SOUTH 16 DEGREES 27 MINUTES 0 SECONDS WEST 28.71 CHAINS TO THE CENTER OF THE PUBLIC HIGHWAY; THENCE NORTH 52 DEGREES 50 MINUTES 0 SECONDS WEST ALONG THE CENTER OF SAID HIGHWAY 4.27 CHAINS; THENCE NORTH 58 DEGREES 0 MINUTES 0 SECONDS WEST ALONG THE CENTER OF SAID HIGHWAY 8.36 CHAINS; THENCE NORTH 16 DEGREES 30 MINUTES 0 SECONDS EAST 21.39 CHAINS TO THE NORTH LINE OF SAID SECTION 1; THENCE EAST ALONG SAID NORTH LINE OF SECTION 1, 12.49 CHAINS TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH UNE OF SAID SECTION 1 THAT 1S 180.84 FEET. EAST OF THE SOUTHEAST CORNER OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 16 DEGREES 27 MINUTES 00 SECONDS WEST ALONG THE WESTERLY LINE OF WILDWOOD WEST UNITS 2 AND 3, SUBDIVISIONS OF SAID SECTION 1, AND ALONG THE SOUTHWESTERLY EXTENSION THEREOF 1898.30 FEET TO THE CENTERLINE OF HIGHLAND AVENUE;THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ON A CURVE TO THE LEFT AND HAVING A RADIUS OF 858.21 FEET AN ARC DISTANCE OF 189.84. FEET (THE CHORD OF THE LAST DESCRIBED LINE BEARING. NORTH 50 DEGREES 05 MINUTES 42 SECONDS WEST 189.46 FEET) TO A POINT OF COMPOUND CURVE; • THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ON A CURVE TO THE LEFT AND HAVING A RADIUS OF 11,938.29 FEET AN ARC DISTANCE OF 333.28 FEET(THE CHORD OF THE LAST DESCRIBED LINE BEARING NORTH 57 DEGREES 13 MINUTES 55 SECONDS WEST 333.27 FEET); THENCE NORTH 58 DEGREES 17 MINUTES 10 SECONDS WEST ALONG SAID CENTERLINE 310.83 FEET FOR THE POINT OF BEGINNING;THENCE NORTH 16 DEGREES 33 MINUTES 54 SECONDS EAST ALONG A LINE THAT 1F EXTENDED WOULD INTERSECT THE NORTH LINE OF SAID SECTION 1 AT A POINT 824.34 FEET WEST OF THE POINT OF BEGINNING (AS MEASURED ALONG SAID NORTH LINE), A DISTANCE OF 170.30 FEET; THENCE SOUTH 71 DEGREES 34 MINUTES 14 SECONDS EAST 260.74 < . FEET; THENCE SOUTH 16 DEGREES 33 MINUTES 54 SECONDS WEST .232.37 FEET TO THE • CENTERLINE OF HIGHLAND AVENUE;THENCE NORTH 58 DEGREES 17 MINUTES 10 SECONDS WEST - ALONG SAID CENTERLINE 269.99 FEET TO THE POINT OF BEGINNING; AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT A POINT IN THE NORTH UNE OF SAID SECTION 1 THAT IS 180.95 FEET EAST OF THE SOUTHEAST CORNER OF THE SOUTHEAST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN; THENCE SOUTH 16 DEGREES 27 MINUTES 00 SECONDS WEST 1577.78 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 16 DEGREES 27 MINUTES 00 SECONDS WEST 320.52 FEET TO THE CENTERLINE OF HIGHLAND AVENUE; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ON A CURVE TO THE LEFT AND HAVING A RADIUS OF 858.21 FEET AN ARC DISTANCE OF 189.84 FEET (THE CHORD OF THE LAST DESCRIBED LINE BEARING NORTH 50 DEGREES 05 MINUTES 42 SECONDS WEST 189.46 FEET) TO A POINT OF COMPOUND CURVE; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING ON A CURVE TO THE LEFT AND HAVING A RADIUS OF 11,938.29 FEET AN ARC DISTANCE OF 22.46 FEET (THE CHORD OF THE LAST DESCRIBED LINE BEARING NORTH 56 DEGREES 29 MINUTES 10 SECONDS WEST 22.46 FEET);THENCE NORTH 16 DEGREES 36. MINUTES 27 SECONDS EAST 251.27 FEET; THENCE SOUTH 69 DEGREES 48 MINUTES 09 SECONDS EAST 195.00 FEET TO THE POINT OF BEGINNING); IN THE TOWNSHIP OF PLATO, KANE COUNTY, ILLINOIS. V PARCEL TWO:. THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT A POINT OF THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER 665.29 FEET SOUTH OF THE NORTHWEST CORNER OF THE EAST HALF OF SAID • f r " SOUTHWEST QUARTER;THENCE SOUTHEASTERLY 1457.37 FEET TO A POINT ON THE EAST LINE OF SAID SOUTHWEST QUARTER 1278.84 FEET SOUTH OF THE NORTHEAST CORNER THEREOF (THIS COURSE HEREINAFTER REFERRED TO AS LINE "A"); THENCE SOUTH ALONG SAID EAST LINE 90.75 FEET TO A LINE DRAWN PARALLEL WITH AND 82.5 FEET SOUTHWESTERLY OF, MEASURED AT RIGHT ANGLES THERETO, SAID LINE "A"; THENCE NORTHWESTERLY ALONG SAID PARALLEL LINE 1457.23 FEET TO THE WEST LINE OF THE EAST HALF OF SAID SOUTHWEST QUARTER; THENCE 1 NORTH ALONG SAID EAST LINE 90.82 FEET TO THE POINT OF BEGINNING); IN THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF HIGHLAND AVENUE LYING SOUTH OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT APARCEL ONE., TRACT B: SITUATED IN PART OF THE SOUTHEAST AND NORTHEAST QUARTERS OF SECTION 34, AND PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 35, BOTH IN TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOWNSHIP OF RUTLAND, COUNTY OF KANE, STATE OF ILLINOIS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT BEING THE INTERSECTION OF THE CENTERLINES OF HIGHLAND AVENUE AND MCCORNACK ROAD; THENCE NORTH 23 DEGREES 45 MINUTES 11 SECONDS EAST (ASSUMED BEARING), ON AND ALONG THE CENTERLINE OF MCCORNACK ROAD, A DISTANCE OF 1463.24 FEET TO A POINT BEING THE INTERSECTION WITH THE SOUTH LINE OF THE NORTH 16 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 34; THENCE NORTH 89 DEGREES 22 MINUTES 30 SECONDS EAST ON AND ALONG SAID SOUTH LINE,A DISTANCE OF 1061.03 FEET TO A POINT BEING THE INTERSECTION WITH THE EAST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 34; • THENCE NORTH 00 DEGREES 17 MINUTES 09 SECONDS WEST ON AND ALONG SAID EAST LINE, A DISTANCE OF 497.38 FEET TO A POINT BEING 33 FEET SOUTH OF THE NORTHEAST CORNER OF • THE SOUTHEAST QUARTER OF SAID SECTION 34; THENCE SOUTH 89 DEGREES 19 MINUTES 33 SECONDS WEST, PARALLEL WITH THE NORTH LINE OF SAID SOUTHEAST QUARTER,'A DISTANCE OF 33.00 FEET;THENCE NORTH 00 DEGREES 01 MINUTE 36 SECONDS EAST, CROSSING THE NORTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 181.50 FEET;THENCE NORTH 89 DEGREES 19 MINUTES 33 SECONDS EAST, A DISTANCE OF 33.00 FEET TO A POINT BEING THE INTERSECTION WITH THE EAST UNE OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE SOUTH 00 DEGREES 05 MINUTES 59 SECONDS WEST ON'AND ALONG SAID EAST LINE,A DISTANCE OF 148:50 FEET TO A POINT BEING THE INTERSECTION WITH THE NORTH LINE OF THE SOUTHWEST • QUARTER OF SAID SECTION 35; THENCE NORTH 89 DEGREES 35 MINUTES 30 SECONDS EAST ON • AND ALONG SAID NORTH LINE, A DISTANCE OF 1325.73 FEET TO A POINT BEING THE INTERSECTION WITH THE EAST LINE OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SAID SECTION 35; THENCE SOUTH 00 DEGREES 12 MINUTES 17 SECONDS EAST ON AND ALONG SAID EAST LINE,A DISTANCE OF 2164.12 FEET TO A POINT BEING THE INTERSECTION WITH A LINE THAT IS PARALLEL WITH AND 481.64 FEET NORTH•OF THE SOUTH LINE OF THE.SOUTHWEST QUARTER OF SAID SECTION 35; THENCE SOUTH 89 DEGREES 39 MINUTES 42 SECONDS WEST ON AND ALONG SAID PARALLEL LINE, A DISTANCE OF 1322.67 FEET TO A POINT BEING THE INTERSECTION WITH THE WEST LINE OF SAID SOUTHWEST QUARTER OF SECTION 35; THENCE NORTH 00 DEGREES 17 MINUTES 09 SECONDS WEST ON AND ALONG SAID LINE, A DISTANCE OF 417.53 FEET; THENCE SOUTH 89 DEGREES 24 MINUTES 24 SECONDS WEST, A DISTANCE OF 1053.77 FEET; THENCE SOUTH 05 DEGREES 24 MINUTES 41 SECONDS EAST, A DISTANCE OF 891.29 FEET TO A POINT BEING THE INTERSECTION WITH THE CENTERLINE OF HIGHLAND AVENUE;THENCE ON AND ALONG SAID CENTERLINE, BEING A 910.24 FOOT RADIUS CURVE TO THE RIGHT, A DISTANCE OF'585.14 FEET TO THE POINT WHERE A CHORD BEARING NORTH 50 DEGREES 14 MINUTES 52 SECONDS WEST A DISTANCE OF 575.12 FEET SUBTENDS SAID CURVE; THENCE CONTINUING ON AND ALONG SAID CENTERLINE NORTH 31 DEGREES 49 MINUTES 58 SECONDS WEST, A DISTANCE OF 463.93 FEET TO THE POINT OF BEGINNING; EXCEPTING THEREFROM: A' PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEING AN 82 A CHORD 7.50 FEET WIDE STRIP OF LAND CONVEYED SEPTEMBER 8, 1967 BY TRUSTEE'S DEED TO THE NORTHERN ILLINOIS GAS COMPANY • • 'AND RECORDED SEPTEMBER 12, 1967 AS. DOCUMENT NO. 1097761 IN THE OFFICE OF THE • RECORDER FOR SAID KANE COUNTY;ALL SITUATED IN KANE COUNTY, ILLINOIS. ALSO: THAT PART OF HIGHLAND AVENUE LYING SOUTH OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT B,AND THAT PART OF McCORNACK ROAD LYING WESTERLY OF AND ADJACENT • TO THE ABOVE DESCRIBED TRACT B.. TRACT C: THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID NORTHWEST QUARTER;THENCE WEST ALONG THE NORTH LINE OF SAID NORTHWEST QUARTER 559.50 FEET TO THE CENTERLINE OF MCCORNACK ROAD FOR THE POINT OF BEGINNING; THENCE CONTINUING WEST ALONG SAID NORTH LINE 422.54 FEET; THENCE SOUTH AT RIGHT ANGLES TO SAID NORTH LINE 200.0 FEET; THENCE EAST PARALLEL WITH THE NORTH LINE OF SAID NORTHWEST QUARTER 150.54 FEET TO THE CENTERUNE OF MCCORNACK ROAD;THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 335.54 FEET, A DISTANCE OF 118.04 FEET; THENCE NORTH 57 DEGREES 10 MINUTES 13 SECONDS EAST ALONG SAID CENTERLINE 221.40 FEET TO THE POINT OF BEGINNING), IN THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF McCORNACK ROAD LYING NORTHWESTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT C. TRACT D: THAT PART OF THE EAST HALF OF THE NORTHEAST QUARTER OF SECTION 34 AND THE NORTH 16 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 34, (EXCEPTING THEREFROM THAT PART OF THE EAST HALF OF SAID SECTION 34, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION; THENCE SOUTH ALONG THE EAST LINE OF SAID SECTION 50 LINKS; THENCE WEST 50 LINKS; THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID SECTION 2.76 CHAINS TO THE CENTERLINE OF THE ROAD;THENCE EAST 50 LINKS TO THE EAST LINE OF SAID SECTION; THENCE SOUTH ALONG SAID EAST LINE TO THE POINT OF BEGINNING) AND (EXCEPT THAT PART LYING • SOUTHEASTERLY OF THE CENTERLINE OF MCCORNACK ROAD) ALL IN TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE TOWNSHIP OF RUTLAND, KANE • COUNTY, ILLINOIS. • ALSO: THAT PART OF McCORNACK ROAD LYING •SOUTHEASTERLY OF AND ADJACENT TO THE - • ABOVE DESCRIBED TRACT D, • TRACT E: 0 • THAT PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 42 NORTH, RANGE.7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE EAST UNE OF SAID QUARTER SECTION 172.15 FEET TO THE CENTERLINE OF BIG TIMBER ROAD; THENCE NORTH ALONG THE EAST LINE OF SAID QUARTER SECTION 1300 FEET; THENCE WEST ALONG A LINE FORMING AN ANGLE OF 89 DEGREES 57 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE, 717.69.FEET FOR THE POINT OF BEGINNING; THENCE WEST ALONG THE EXTENSION OF THE LAST DESCRIBED COURSE 280 FEET; THENCE SOUTH ALONG A LINE FORMING AN ANGLE OF 90 DEGREES 03 MINUTES MEASURED CLOCKWISE FROM THE LAST DESCRIBED COURSE 456.17 FEET TO THE CENTERLINE OF SAID BIG TIMBER ROAD; THENCE SOUTHEASTERLY ALONG SAID CENTERLINE 1114.17 FEET TO THE CENTERLINE EXTENDED NORTHEASTERLY OF • • . MCCORNACK ROAD; THENCE SOUTHWESTERLY ALONG THE EXTENSION OF THE CENTERLINE OF SAID MCCORNACK ROAD 512.4 FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER;THENCE WEST ALONG SAID SOUTH LINE 2081.5 FEET TO THE SOUTHWEST CORNER OF SAID SOUTHWEST QUARTER; THENCE NORTH ALONG THE WEST LINE OF SAID QUARTER SECTION 2642 FEET TO THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER;THENCE EAST ALONG THE NORTH LINE OF SAID QUARTER SECTION 2381.4 FEET TO A POINT 255.75 FEET WEST OF THE NORTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH PARALLEL WITH THE EAST LINE OF SAID �--' QUARTER SECTION 72.5 FEET; THENCE SOUTHWESTERLY 1181.74 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID QUARTER SECTION; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF SAID QUARTER, 559.2 FEET TO THE CENTERLINE OF- MCCORNACK ROAD PER DOCUMENT NO. 1850963 FOR THE PLACE OF BEGINNING;THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG SAID SOUTH LINE 442.54 FEET; THENCE NORTH 14 DEGREES 22 MINUTES WEST PERPENDICULAR TO THE LAST DESCRIBED COURSE 313.33 FEET;THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS EAST PERPENDICULAR TO THE LAST DESCRIBED COURSE 283.75 FEET; THENCE SOUTH 43 DEGREES 12 MINUTES 35 SECONDS EAST 144.21 FEET; THENCE SOUTH 28 DEGREES 17 MINUTES 37 SECONDS EAST 208.23 FEET TO THE . CENTERLINE OF SAID MCCORNACK ROAD; THENCE SOUTH 54 DEGREES 07 MINUTES 38 SECONDS WEST ALONG SAID CENTERLINE 167.58 FEET TO THE PLACE OF BEGINNING); ALSO EXCEPTING THEREFROM THAT PART THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SOUTHWEST QUARTER; THENCE SOUTH 89 DEGREES 45 MINUTES 38 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER A DISTANCE OF 981.74 FEET; THENCE NORTH 00 DEGREES 14 MINUTES 22 SECONDS WEST PERPENDICULAR TO THE LAST DESCRIBED COURSE A DISTANCE OF 313.33 FEET FOR THE POINT OF BEGINNING; THENCE NORTH 89 DEGREES 45 MINUTES 38 SECONDS EAST PERPENDICULAR TO THE LAST DESCRIBED COURSE A DISTANCE OF 283.75 FEET; THENCE SOUTH 43 DEGREES 12 MINUTES 35 SECONDS EAST A • DISTANCE OF 144.21 FEET; THENCE SOUTH 58 DEGREES 17 MINUTES 37 SECONDS EAST A DISTANCE OF 208.23 FEET TO THE CENTERLINE OF MCCORNACK ROAD PER DEED RECORDED AS DOCUMENT NO. 1859063; THENCE NORTH 54 DEGREES 07 MINUTES 38 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 344.85 FEET TO THE CENTERLINE OF BIG TIMBER ROAD PER KANE COUNTY HIGHWAY DEPARTMENT MAP OF S.A. ROUTE 7 - ELGIN SHEET NO. 4; THENCE NORTH 49 DEGREES 03 MINUTES 06 SECONDS WEST ALONG SAID CENTERLINE A DISTANCE OF 65.67 FEET; THENCE NORTHWESTERLY ALONG SAID CENTERLINE, BEING A CURVE TO THE LEFT, HAVING A RADIUS OF 28,647.80 FEET, TANGENT TO THE LAST DESCRIBED COURSE, AN ARC DISTANCE OF 658.92 FEET TO A LINE THAT BEARS NORTH 32 DEGREES 04 MINUTES 14 SECONDS EAST FROM THE POINT OF BEGINNING; THENCE SOUTH 32 DEGREES 04 MINUTES 14 SECONDS WEST ALONG SAID LINE A DISTANCE OF 540.29 FEET TO THE POINT OF BEGINNING (EXCEPTING THEREFROM THAT PART THEREOF LYING NORTHEASTERLY OF THE NORTHEAST LINE OF BIG TIMBER ROAD); IN THE TOWNSHIP OF RUTLAND, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF BIG TIMBER ROAD LYING NORTHEASTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT E. • TRACT F: • PARCEL ONE: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 27; THENCE NORTH 89 DEGREES 38 MINUTES 28 SECONDS EAST ALONG THE NORTH LINE OF SAID SOUTHEAST QUARTER A DISTANCE OF 433.30 FEET TO THE CENTERLINE OF DAMISCH ROAD PER DOCUMENT NO. 290939 RECORDED APRIL 28, 1927 IN BOOK 831, PAGE 105; THENCE SOUTH 38 DEGREES 51 MINUTES 35 SECONDS WEST ALONG SAID CENTERLINE A DISTANCE OF 127.77 FEET; THENCE SOUTHERLY ALONG SAID CENTERLINE, BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 3183.23 FEET AND TANGENT TO THE LAST DESCRIBED COURSE,.A DISTANCE OF 48.70 FEET TO THE CENTERLINE OF ' THE OLD HIGHWAY AS IT EXISTED PRIOR TO APRIL 28, 1927 FOR THE POINT OF BEGINNING; • THENCE SOUTH 51 DEGREES 27 MINUTES 16 SECONDS WEST ALONG SAID CENTERLINE OF THE OLD HIGHWAY A DISTANCE OF 410.15 FEET TO AN ANGLE IN SAID CENTERLINE; THENCE SOUTH 06 DEGREES 19 MINUTES 39 SECONDS WEST ALONG SAID CENTERLINE OF THE OLD HIGHWAY A DISTANCE OF 4.15 FEET TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 27; THENCE SOUTH 0 DEGREES 14 MINUTES 07 SECONDS WEST ALONG SAID WEST UNE A DISTANCE OF 240:49 FEET TO THE CENTERLINE OF DAMISCH ROAD PER DOCUMENT NO. 290946 RECORDED APRIL 28, 1927 IN BOOK 831, PAGE 91; THENCE NORTHEASTERLY ALONG SAID CENTERLINE OF • DAMISCH ROAD, BEING ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 3181.23 FEET AND A CHORD BEARING OF NORTH 32 DEGREES 37 MINUTES 49 SECONDS EAST AN ARC DISTANCE OF. 594•.79 FEET TO THE POINT OF BEGINNING, EXCEPT ANY PART IN LYNCH-MOORE SUBDIVISION UNIT 2, BEING SITUATED IN RUTLAND TOWNSHIP, KANE COUNTY, ILLINOIS. • PARCEL TWO: THAT PART OF THE SOUTHEAST QUARTER OF SECTION 27, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING EASTERLY OF THE CENTERLINE OF A PUBLIC HIGHWAY KNOWN AS DAMISCH ROAD AS ESTABLISHED BY INSTRUMENT DATED FEBRUARY 18, 1927 AND RECORDED APRIL 28, 1927 IN BOOK..B31, PAGE 105 AS DOCUMENT NO.290939, (EXCEPT THAT PART DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 27; THENCE NORTH 89 DEGREES 38 MINUTES 28 SECONDS EAST ALONG THE SOUTH LINE OF SAID NORTHEAST QUARTER A DISTANCE OF 433.30 FEET TO THE CENTERLINE OF DAMISCH ROAD PER DOCUMENT NO. 290939 RECORDED APRIL 28, 1927 IN BOOK 831 PAGE 105 FOR THE POINT OF BEGINNING; THENCE NORTH 38 DEGREES 51. MINUTES 35 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 109.80 FEET;THENCE SOUTHEASTERLY A DISTANCE OF 198.40 FEET TO A POINT THAT IS 31.70 FEET NORTHERLY OF A .POINT HEREINAFTER REFERRED TO AS POINT "A" ON THE SAID SOUTH LINE OF THE NORTHEAST QUARTER THAT IS 263.90 FEET, AS MEASURED ALONG SAID SOUTH LINE, EAST OF THE POINT OF BEGINNING; THENCE SOUTH 06 DEGREES 35 MINUTES 22 SECONDS EAST ALONG ALINE THAT PASSES THROUGH POINT "A", A DISTANCE OF 36.05 FEET; THENCE NORTH 89 DEGREES 38 MINUTES 28 SECONDS EAST PARALLEL WITH THE SAID SOUTH LINE OF THE NORTHEAST QUARTER A DISTANCE OF 129.53 FEET; THENCE SOUTH 00 DEGREES 21 MINUTES 32 SECONDS EAST PERPENDICULAR TO THE SAID SOUTH LINE OF THE NORTHEAST QUARTER A DISTANCE OF 268.19 FEET; THENCE SOUTH 76 DEGREES 18 MINUTES 42 SECONDS WEST A DISTANCE OF 350.92 FEET; THENCE NORTH 21 DEGREES 39 MINUTES 38 SECONDS WEST A DISTANCE OF 46.19 FEET;THENCE SOUTH 60 DEGREES 16 MINUTES 07 SECONDS WEST A DISTANCE OF 58.21 FEET; THENCE NORTH 26 DEGREES 53 MINUTES 29 SECONDS WEST A DISTANCE OF 221.74 FEET TO SAID CENTERLINE OF DAMISCH ROAD; THENCE NORTHEASTERLY ALONG SAID CENTERLINE BEING ON A CURVE TO THE - RIGHT, HAVING A RADIUS OF 3183.23 FEET AND A CHORD BEARING OF NORTH 38 DEGREES 22 MINUTES 48 SECONDS EAST AN ARC DISTANCE OF 53.30 FEET; THENCE NORTH 38 DEGREES 51 - MINUTES 35 SECONDS EAST ALONG SAID CENTERLINE A DISTANCE OF 127.77 FEET TO THE POINT • OF BEGINNING) (AND ALSO EXCEPTING THEREFROM THAT .PART THEREOF LYING NORTHEASTERLY OF THE NORTHEAST LINE OF BIG TIMBER ROAD); IN RUTLAND TOWNSHIP., KANE COUNTY, ILLINOIS. ALSO:THAT PART OF DAMISCH ROAD LYING NORTHWESTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT F PARCEL TWO. • TRACT G: PARCEL ONE:. LOTS 3, 4, 5, 6, 7 AND 8 OF EDWARD A. KVAVLI'S SUBDIVISION OF PARTS OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN_, IN THE TOWNSHIPS OF'PLATO AND RUTLAND, KANE COUNTY, ILLINOIS. • • j PARCEL TWO: THAT PART OF THE WEST HALF OF SECTION 1 AND PART OF THE EAST HALF OF SECTION 2, ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: �`_.. COMMENCING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF SAID SECTION 1; THENCE NORTH 89 DEGREES 8 MINUTES EAST ALONG THE NORTH LINE CO SAID SOUTHWEST QUARTER, 400.5 FEET; THENCE NORTH 21 DEGREES 54 MINUTES EAST 578.9 FEET TO THE CENTERLINE OF A ROAD FOR THE POINT OF BEGINNING;THENCE SOUTH 21 DEGREES 54 MINUTES WEST 803.6 FEET TO THE NORTHERLY LINE OF THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD COMPANY; THENCE NORTH 76 DEGREES 58 MINUTES WEST ALONG SAID NORTHERLY RIGHT OF WAY LINE TO THE EAST LINE OF SAID SECTION 2; THENCE SOUTH ALONG SAID EAST UNE TO A POINT 15.12 CHAINS NORTH OF THE SOUTHEAST CORNER OF SAID SECTION 2; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID SECTION 2, 28.36 CHAINS; THENCE NORTH 8 DEGREES WEST 40.31 CHAINS TO THE NORTH LINE OF SAID SECTION 2; THENCE EAST ALONG SAID NORTH LINE TO•THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 34; THENCE NORTH ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, 398.64 FEET; THENCE NORTH 75 DEGREES 30 MINUTES EAST ALONG A LINE WHICH IF EXTENDED WOULD INTERSECT THE NORTHWEST CORNER OF LOT 1 OF EDWARD A. KVAVLI'S SUBDIVISION, 621.71 FEET TO A POINT 225 FEET SOUTHWESTERLY OF THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 30 DEGREES 25 MINUTES EAST PARALLEL WITH THE WESTERLY LINE OF SAID SUBDIVISION 257.03 FEET; THENCE NORTH 75 DEGREES 30 MINUTES EAST PARALLEL WITH THE NORTHERLY LINE EXTENDED WESTERLY OF SAID LOT 1, A DISTANCE OF 225 FEET TO THE SOUTHWEST CORNER OF LOT 2 OF SAID SUBDIVISION; THENCE SOUTH 30 DEGREES 25 MINUTES EAST ALONG THE WESTERLY LINE OF SAID SUBDIVISION 153.75 FEET, THENCE SOUTHEASTERLY ALONG THE WESTERLY LINE OF SAID SUBDIVISION BEING ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1142.92 FEET, A DISTANCE OF 574 FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 38 DEGREES 39 MINUTES EAST ALONG THE SOUTHEASTERLY UNE OF SAID SUBDIVISION TO THE CENTERLINE OF THE ROAD AFORESAID; THENCE SOUTHEASTERLY ( ALONG SAID CENTERLINE TO THE POINT OF BEGINNING (EXCEPT THE RIGHT OF WAY OF THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD COMPANY AND EXCEPT THAT PART CONVEYED TO THE CHICAGO AND PACIFIC RAILROAD COMPANY (NOW THE CHICAGO, MILWAUKEE AND ST. PAUL RAILROAD COMPANY) BY DEED DATED JANUARY 7, 1893 AND RECORDED JANUARY 14, 1893 IN BOOK 321, PAGE 419 AS DOCUMENT 939) IN THE TOWNSHIPS OF PLATO AND RUTLAND, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF HIGHLAND AVENUE LYING NORTHEASTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT G PARCELS ONE AND TWO. • EXHIBIT A HP I-W CS t TRACT•ONE • PARCEL ONE: THE SOUTH 445.5 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 3 AND THE SOUTH 445.5 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 4, ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN PLATO TOWNSHIP, '�_• KANE COUNTY, ILLINOIS.. ALSO: THAT PART OF MARSHALL ROAD LYING EASTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT ONE PARCEL ONE. • PARCEL TWO: THE WEST HALF OF THE SOUTHEAST QUARTER (EXCEPT THE SOUTH 454.78 FEET OF THE WEST 670.75 FEET.THEREOF) OF SECTION 4, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS. • TRACT TWO PARCEL ONE: THE NORTH 445.5 FEET OF THE SOUTH 891 FEET OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 3.AND THE NORTH 445.5 FEET OF THE SOUTH 891 FEET OF THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 4, ALL IN TOWNSHIP 41 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN PLATO TOWNSHIP, KANE COUNTY,ILLINOIS. ALSO: THAT PART OF MARSHALL ROAD LYING EASTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT TWO PARCEL ONE. PARCEL TWO:> THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 3 (EXCEPT THE NORTH 1000 FEET AND EXCEPT THE SOUTH 891 FEET, AS MEASURED ALONG THE EAST AND WEST LINES THEREOF) AND THE EAST HALF OF THE SOUTHEAST QUARTER OF SECTION 4(EXCEPT THE NORTH 1000 FEET AND EXCEPT THE SOUTH 891 FEET, AS MEASURED ALONG THE EAST AND WEST LINES THEREOF), ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS. ALSO: THAT PART OF MARSHALL ROAD LYING EASTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT TWO PARCEL TWO. • TRACT THREE THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN PLATO TOWNSHIP, KANE COUNTY, ILLINOIS. . - ALSO:THAT PART OF BARR ROAD LYING EASTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED TRACT THREE. EXHIBIT A • (— n 1 WEST ASSEMBLAGE • THE SOUTHWEST QUARTER OF SECTION 32, TOWNSHIP 42 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, ALSO 'PART OF THE SOUTHEAST QUARTER OF SECTION 32 AFORESAID, • DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 32 AND THENCE SOUTH ON THE QUARTER SECTION LINE 295 FEET; THENCE EAST AT RIGHT ANGLES TO A POINT IN THE MIDDLE OF THE HIGHWAY, THENCE NORTHWESTERLY ALONG THE MIDDLE OF SAID HIGHWAY TO THE NORTH LINE OF SAID QUARTER SECTION; THENCE WEST TO THE POINT OF BEGINNING, IN.RUTLAND TOWNSHIP, KANE COUNTY, ILLINOIS. • ALSO:.THAT PART OF U.S. ROUTE 20 LYING NORTHEASTERLY OF AND ADJACENT TO THE ABOVE DESCRIBED PARCEL. • • • • • • • • • • • • • • • . EXHIBIT 7 LEGAL DESCRIPTION OF CENTEX PROPERTY 25 EXHIBIT 7 SHADOW HILL LEGAL DESCRIPTION OF PROPERTY • THAT PART OF SECTION 19,TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF SECTION 24, TOWNSHIP 41 NORTH,RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF THE SOUTHEAST QUARTER OF SAID SECTION 24; THENCE NORTH 01 DEGREES 00 MINUTES 28 SECONDS WEST (BEARINGS ASSUMED FOR DESCRIPTION PURPOSES), 313.50 FEET ALONG THE WEST LINE OF SAID SOUTHEAST QUARTER, THENCE NORTH 40 DEGREES 31 MINUTES 24 SECONDS EAST, 2844.84 FEET TO A POINT IN WATER ROAD; THENCE NORTH 72 DEGREES 38 MINUTES 04 SECONDS WEST, 1040.52 FEET ALONG WATER ROAD TO A POINT IN NESLER ROAD; THENCE NORTH 42 DEGREES 25 MINUTES 51 SECONDS EAST,44.16 FEET ALONG NESLER ROAD; THENCE SOUTH 72 DEGREES 38 MINUTES 04 SECONDS EAST, 475.74 FEET; THENCE NORTHEASTERLY, 563.44 FEET ALONG A CURVE TO THE LEFT HAVING, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 760.00 FEET; THENCE NORTH 64 DEGREES 53 MINUTES 18 SECONDS EAST, 313.3.6 FEET TANGENT TO THE LAST DESCRIBED. COURSE; THENCE NORTHEASTERLY, 368.20 FEET ALONG A CURVE TO THE RIGHT, TANGENT TO THE LAST DESCRIBED COURSE, HAVING A RADIUS OF 840.00 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 50 SECONDS EAST, 49.50 FEET TO THE POINT OF BEGINNING; THENCE NORTH.00 DEGREES 00 MINUTES 10 SECONDS EAST, 873.00 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 50 SECONDS EAST, 386.62 FEET; THENCE EASTERLY, 15.72FEET TANGENT TO THE LAST DESCRIBED COURSE ALONG A CURVE CONCAVE TO THE SOUTH,HAVING A RADIUS OF 583.00 FEET,THE CHORD OF SAID CURVE BEARING SOUTH 89 DEGREES 13 MINUTES 29 SECONDS EAST; THENCE NORTH 40 DEGREES 32 MINUTES 50 SECONDS EAST,2117.73 FEET TO THE SOUTH LINE OF PARCEL 1 OF GLENN CHRIST AND KATHRYN CHRIST TRACT AS PER PLAT OF SURVEY PREPARED BY C.B.B. ENGINEERING,DATED JANUARY 30, 2003;THENCE SOUTH 48 DEGREES 39 MINUTES 04 SECONDS EAST,798.19 FEET ALONG THE SOUTH LINE OF SAID PARCEL 1 TO THE WEST LINE OF PARCEL 2 AS SET FORTH ON SAID PLAT OF SURVEY; THENCE SOUTH 35 DEGREES 28.MINUTES 07 SECONDS WEST, 2400.07 FEET ALONG SAID WES 1ERLY LINE; THENtE NORTH 89 DEGREES 59 MINUTES 50 SECONDS WEST, 985.60 FEET TO THE POINT OF BEGINNING, IN KANE COUNTY,ILLINOIS. EXHIBIT 8 LIST OF CONTRACTORS FOR PHASES 4A, 4B AND 5A OCI 4A &4B: Anderson Underground, Inc. OCI 5A(offsite): De Paolo Company OCI 5A (Highland Woods): Hensley Construction Inc. OCI 5B: Unknown at this time HPI Forcemain Unknown at this time 26 EXHIBIT 9 EASEMENT EXHIBIT 27 El • -Ilai _,ar . . I� 'ROPOSED EASEMENT FOR SANIT,,1y TEIi I - ., FROM HPI EAST/SANITARY PUMP `jiii. `. /A t �iP��� • VZ/ �?. ����� .i i1 S!, O 11. 1 :,' 11i i __��;��.......".......•..„. _ ALTERNATE PROPOSED ���� 1 j (,) �� EASEMENT FROM HPI EA-I,`-.��Air �`=tel- N.H. 4 AND TRIBUTARY Jr- / `z OFFSITE AREAS �� W WILLIAMS - • Q1 Q Jj=1—� 44N 142ACRES± J�J a I• X DpPQ��'� .,. �� V110'111111 W 1 i -;;�3a�.i M�__�`* LIQ H Li .D��11MI C 11..111 . CA Ati'1' r-'ia �-.'::-.7-::%1L Ry1L�.'OSED EASEMENT l"" - I cC``:"i Ng/r1�;1�I‘i! =::L iiiFROG HPI EAST ''/^� .�■■■■■■■■^�,1j ill- ���iI!; N,F#, 4 AND TRIBUTARY CO • .moi ---.7.-_-___—_. Z1/rlj ii(�� OFPSITE AREAS y. ' ii ` ,•'• c .// r•. •% ' ..�W� / 4111//Lf�., "" •1. � it: • �‘�♦♦\�`N,'4w # 1t/ 1•U••• -==-.7 ,��� I IT�`' _)�.. '''''1 '..'"'" - III ►.fil JI►l .�\O``��i, //I •� �� wiz:, � - �.. .- ■UIii ;LAI T..1,,•' ��, •DS SUB 1 V C:: r,, ;= -- N Q 9 _ _ I PROPOSED 60� EASEMENT \ I \ \�``1� �� 0411 I//J .\\ ��LI � THRU HIGHLAND W0005 SUBDIVISION ����\ vV-' �\��,� III e//� %>"R a *; \O� IP. 1 1 �� ���0 I III >� i -7,44a1"4;1I ♦♦ 11� _ Z m \ p`�� `♦ ISI �I/i� � � 1� /� _ r1� �p`\ `�V Ill L, '',44,004,•,41.*,•--0.\•, 4 o" vl V/ OTTER_QREEK Kt \\ ♦f �. ��` 4 - SHODEEN INC. PH, SA INTERCEPTOR '.1 s, '' `♦`� • ■ + t542 - PINGREE CREEK SUBDIVISION ` `%\slimill „,,,,,4,.... `', :�.,`�`�A11 :r`+��, ��1 D PROPOSED EASEMENT FOR SANITARY SYSTEM , ,,, , 11/ I, ,'� nu ■� •, 0 CI EXTENSION THRU HIGHLAND WOODS SUBDIVISION �. 'l11 [ 111 'I ���� • 1��_ �.1”0 "s �� '? ,L1(I, 1• FROM HHPII EASEMENT 4ENT % ,•�.11i o PROPOSED EASEMENT TO BE PROVIDED FOR OTTER CREEK �� . �0111 N.H. 4 AND TRIBUTAR : !!I a PHASE 5A SANITARY SEWER INTERCEPTOR AND WATER MAIN ' . .1111 OFFSITE AREAS �• it. 1"•1 IMPROVEMENTS THRU HIGHLAND V.0005 SUBDIVISION . ��♦�` �' m FROM U.S. ROUTE 20 R. 0. W. TO THE SOUTHEAST CORNER �r� H 0 OF PINGREE CREEK SUBDIVISION =Z December O8, 2005 11:36:02 am. AcodVer:16.1s (LMS Tech LU © COPYRIGHT 2005 Drawing: F:\GADO\2866.00\312\PPEotll dE Xres:50902I05I.OWGANPROGTOPO 021105.UWG TJ�" 1®IIN UC� COWHEY DSON EASEMENT EXHIBIT FOR PROJECT NO. 2866.00 LZ H S® ■ LEDER,LTD. SANITARY SYSTEM AND WATER MAIN DATE 09/28/05 _ 300 PARK BOULEVARD 212 WEST KINZIE. EXTENSIONS THRU SCALE N.T.S. w= ITASCA, ILLINOIS 60143 CHICAGO, ILLINOIS 60610 (630) 250-9595 (312) 755-9595 HIGHLAND WOODS SUBDIVISION DRAWN BY JP (f)CC CONSULTING ENGINEERS • LAND SURVEYORS EXHIBIT 9A CHECKED BY PDL Q 1 L NATURAL RESOURCES W -"" + v .. ,•.. ..,..., + ..,„,-., .... �\ \� Q = lea r ..l,.... -,.- • ,, •, IIL \\ \\ ♦.r f•. •L• �J - ' „tray 1 sl .r / • • Z ! , - 4 -! 1 1 1. i � / �s ♦ /r • 1 -.I 1 � 1 -. T 1 1 Ni - ,1�. II 414 Illtir,..1111,x,, .i ia,. mum • _ \! '1 O In I UJ a \* . ��� LJ LJ I� W • "Q "iuuuulIIl1p if cc • - :, p dp 142ACRESt q d1Q�(�� 4D �� •1' W!— WILLIAMSCO IC:-- % ALA ad . • ❑❑1111❑ �i 11iI w �i/ ���►�� tip Q U Il Il Il II f _ - - -_ ` • :11 iil.r(r 11 ftt ���11 ” d- ----rd 14 • Ilia *S, rte` - -�/ 7 ei�/_fit. •� 14,iij — f,y..- - - //l, fi'�`�1�� C 1 �\ y T •:11•i:�°. 3.'c1� L•1' f f•t T \ ni ii11"' C`:� �?off` '���: DSSUB�' V 11:,:,;lit, i „....u). ��. 1111 ay �nv� t� `[ l 1, Q PROPOSED 60' EASEMENT ALONG SOUTH \ ��\l\\�V�`��•�,�11 `I ����i �O\��,0' I, O W \\ Q1244,`.,.. III I „0. 414...'i •p\A rI BOUNDARY OF PINGREE CREEK SUBDIVISION \ ���• _ NI j p •����� • AND THRU HIGHLAND WOODS SUBDIVISION �A ��� IU I �/l II ♦ • /� —— �( SHODEEN INC. PH, SA INTTEERc PTOR \,_ „• :� ��� �1,',��'1t•�'/%�■ ��p m OC i :....z. ( - nii PINGREE CREEK SUBDIVISION ���°���j/•���' N \ ,\ �� ��'••■■■■*j r at• =O vtIV:\ Ni December O8, 20D5 11:27:04 am. AcodVer:In 1, (LA15 Tech) LU CO © COPYRIGHT 2005 Draw ing: F:\GADO\2866.00\312\PRELIM\EXHIBITS\EXHIBITS\SAN_EASEAIENTS.DWG (320) Plotted Xrefn. 090205.DWG INPROGTOPD_021105.DWG /®■ COWHEY EASEMENT EXHIBIT PROJECT No. 2ass.00 Z, 1 ■p GUDMUNDSON FOR SANITARY SEWER DATE 09/28/05 Z I® ■ LEDER,LTD. 300 PARK BOULEVARD 212 WEST KINZIE AND WATER MAIN EXTENSIONS SCALE N.T.S. w w ITASCA, ILLINOIS 60143 CHICAGO, ILLINOIS 60610 (630) 250-9595 (312) ass-sses FOR AREAS TO THE WEST DRAWN BY : JP CO 11-'-- CONSULTING ENGINEERS • LAND SURVEYORS EXHIBIT 9B CHECKED BY PDL Q NATURAL RESOURCES I W LU EXHIBIT 10 COST ESTIMATE FOR COST OF PUBLIC IMPROVEMENTS 28 • OTTER CREEK INTERCEPTOR PHASES 4&5 COST ESTIMATE • , (USING LOWEST BIDDER PRICING)' PHASES 4A&4B SANITARY SEWER INTERCEPTOR-ANDERSON UNDERGROUND,INC, September 8,2005 IMPROVEMENTS UNIT QUANTITY ,UNIT COSTS TOTAL MANHOLES,TYPE A,8'-DIAMETER,TYPE 1 FRAME,CLOSED LID . EACH 5 $12,000.00 $60,000.00 MANHOLES,TYPE A,7'-DIAMETER,TYPE 1 FRAME,CLOSED LID EACH 11 510,000.00 $110,000.00 MANHOLES,DROP 4'-DIAMETER,TYPE 1 FRAME,CLOSED LID EACH 4 $7,000.00 $28,000.00 SANITARY SEWER,PCCP,48" FOOT ' 6720 $410.00 $2,755,200.00 SANITARY SEWER,PVC 10"SDR 26 FOOT 167 $200.00 $33,400.00 SANITARY SEWER,PVC 8"SDR26 FOOT 90 $170.00 $15,300.00 ' 72"STEEL CASING JACKED IN PLACE FOOT 70 $1,500.00 $105,000.00 PERIMETER EROSION BARRIER FOOT 12810 $1.50 $19,215.00 TRENCH BACKFILL,CA-6 TN 10458 $14.00 $146,412.00 BENCH AREA TO 25'DIGGING DEPTH AND REPLACE FROM MH#5 TO MH#8 LS 1 $105,436.60 $105,436.60 BACKFILL AND COMPACT AREA FROM MH#5 TO MH#8 LS 1 $105,437.00 $105,437.00 SUBTOTAL PHASES 4A&4B SANITARY SEWER INTERCEPTOR. $3,483,400.60 PHASE 5A SANITARY SEWER INTERCEPTOR AND WATERMAIN TO PINGREE CREEK-DIPAOLO • IMPROVEMENTS UNIT QUANTITY UNIT COSTS TOTAL MANHOLES,4'x4'BASE T,TYPE 1 FRAME,CLOSED LID EACH 10 $20,400.00 $204,000.00 MANHOLES SPECIAL,4'SEWER,TYPE 1 FRAME,CLOSED UD EACH 14 524,000.00 $336,000.00 MANHOLE RISER,4'DIAMETER V.FOOT 120 $90.00 $10,800.00 SANITARY SEWER,PVC 12"SDR 26(STUB) FOOT 140 $75.00 $10,500.00 SANITARY SEWER,PVC 14"SDR 18(STUB) FOOT 20 $80.00 $1,600.00 SANITARY SEWER,36"(STUB) FOOT 20 5300.00 $6,000.00 SANITARY SEWER,42"(STUB) FOOT 20 $292.00 $5,840.00 SANITARY SEWER,PCCP,48" FOOT - 12005 $292.00 $3,505,460.00 SANITARY SEWER,RCP,48" FOOT 155 $1,200.00 $186,000.00 , AUGERIDIRECT BORE)CROSSING,48' FOOT 484 $1,040.00 $503,360.00 SANITARY TRENCH WATER CONTROL FOOT 12160 $65.00 $790,400.00 - TRENCH BACKFILL,CA-6 CU YD 1460 $25.00 $36,500.00 24"DIWM,CLASS 52 FOOT 5439 $92.00 $500,388.00 20"DIWM.CLASS 52 FOOT 20 $93.00 $1,860.00 16"DIWM,CLASS 52 FOOT 2750 562.00 $170,500.00 6"DIWM,CLASS 52 FOOT 30 $60.00 $1,800.00 24"BUTTERFLY VALVE IN 84"VALVE VAULT,TYPE 1 FRAME.CLOSED LID EACH 5 $9,700.00 $48,500.00 20"BUTTERFLY VALVE IN 84"VALVE VAULT,TYPE 1 FRAME,CLOSED LID EACH . 1 $9,500.00 $9,500.00 ' 16"BUTTERFLY VALVE IN 72"VALVE VAULT,TYPE 1 FRAME,CLOSED LID EACH 10 $6,500.00 $65,000.00 COMBO AIR RELEASE-VAC VALVE IN 60"VALVE VAULT,TYPE 1 FRAME,CLOSED LID EACH 1 $3,000.00 $3,000.00 I FIRE HYDRANT WITH AUXILLARY VALVE EACH 2 53,000.00 $6,000.00 24"DI END CAPS W/MEGALUG • EACH 2 $840.00 . $1,680.00 20"DI END CAPS W/MEGALUG - EACH 1 $600.00 $600.00 16"DI END CAPS W/MEGALUG EACH 4 $520.00 $2.080.00 TEES,24"X24" EACH 2 $6,100.00 $12.200.00 TEES,24"X16" EACH 3 $4,800.00 $14,400.00 TEES,24"X6" • EACH. 1 $4.600.00 $4,600.00 TEES,16"X16" EACH 1 $2,670.00 $2,670.00 REDUCER,24"X20" . EACH 1 $2.500.00 $2,500.00 ADDITIONAL FITTINGS POUND 6650 $4.00 $26,600.00 CONNECTION TO EXISTING 24"WATER MAIN L SUM 1 $4,000.00 $4,000.00 CONNECTION TO EXISTING 16"WATER MAIN L SUM 1 $1,750.00 $1,750.00 AUGER CROSSING,24"DIWM,WITH 36"S.S.CASING FOOT 253 $1,125.00 $264,625.00 AUGER CROSSING,16"DIWM,WITH 30"S.S.CASING FOOT 125 $700.00 $87,500.00 CASING FOOT 105 $700.00 $73,500.00 WATER MAIN TRENCH BACKFILL CU YD 50 $35.00 $1,750.00 TOPSOIL FURNISH AND PLACE, 6" SQ YD 1000 $1.00 $1,000.00 HYDRAULIC SEEDING SO YD 1000 $0.50 $500.00 TOPSOIL EXCAVATION AND PLACEMENT SO YD 103000 $1.00 $103,000.00 TEMPORARY DITCH CHECKS EACH 6 $280.00 $1,680.00 PERIMETER EROSION BARRIER FOOT 15000 $3.00 $45,000.00 TREE REMOVAL IN-DIA 250 $25.00 $6,250.00 DRIVEWAY REMOVE AND REPLACE SO YD 50 580.00 $4,000.00 . SIDEWALK REMOVE AND REPLACE SQ YD 50 $55.00 $2,750.00 MOBILIZATION L SUM 1 $180,000.00 $180,000.00 CONSTRUCTION ADMINSTRATION L SUM 1 $74,750.00 $74,750.00 SUBTOTAL PHASE 5A SANITARY SEWER INTERCEPTOR AND WATERMAIN TO PINGREE CREEK $7,342,393.00 • • 4' ;��� CHIBI " sy"tivy?" 4 • PHASE 5A SEWER&WATER THROUGH HIGHLAND WOODS FOR HPI-EAST&SHODEEN-ESTIMATED* IMPROVEMENTS UNIT QUANTITY UNIT COSTS TOTAL ADDITIONAL 10"FORCEMAIN(HPI-EAST)' FOOT 4465 $50.00 $223,250.00 COMPACTION OF FORCE MAIN(HPI-EAST)" FOOT 4465 $2.00 $8,930.00 SANITARY SEWER,PVC 21"8'-17(TO HPI-EAST)• FOOT 951 $88.20 $83,878.20 SANITARY SEWER,PVC 21"12'-16'(TO HPI-EAST)' FOOT 3409 $100.00 $340,900.00 MANHOLES SPECIAL 48"SEWER,TYPE 1 FRAME,CLOSED LID(TO HPI-EAST)• EACH 21 $2,200.00 $46,200.00 TRENCH BACKFILL(TO HPI-EAST)• _ CU YD 1000 $17.50 $17,500.00 ' SANITARY TRENCH WATER CONTROL(TO HPI-EAST)• _ FOOT 4360 $20.00 $87,200.00 CONNECTION TO EXISTING 48"INTERCEPTOR SEWER(TO HPI-EAST)• _ EACH 1 $4,290.00 $4,290.00 TELEVISING AND COMPACTION OF SANITARY SEWER(TO HPI-EAST)' FOOT 4360 $3.60 $15,696.00 INFA SHEILDNACUUM TESTING OF MANHOLES(TO HPI-EAST)• EACH • 21 $435.00 $9,135.00 BENCH AREA BETWEEN M.H.#17 TO M.H.#22(TO SHODEEN] - CU YD 112000 $5.35 $599,200.00 SWM/OPEN SPACE/BUILDING PAD RESTORATION(TO SHODEEN)' ' L SUM 1 $150,000.00 $150,000.00 ' 16"WATERMAIN THROUGH CROWN PROPERTY(TO SHODEEN) FOOT 474 $46.00 $21,804.00 12"WATERMAIN THROUGH CROWN PROPERTY(TO HPI-EAST)• FOOT 4981 $34.20 $170,350.20 12"WATERMAIN THROUGH CROWN PROPERTY(TO SHODEEN) FOOT 4000 $34.20 $136,800.00 16"VALVE IN VAULT(TO SHODEEN) EACH 1 $6,780.00 $6,780.00 12"VALVE IN VAULT(TO HPI-EAST)' EACH 13 $2,860.00 $37,180.00 12"VALVE IN VAULT(TO SHODEEN) EACH 9 $2,660.00 $25,740.00 HYDRANT WITH AUX VALVE(TO HPI-EAST)• EACH 16 $2,208.00 $35,328.00 HYDRANT WITH AUX VALVE(TO SHODEEN) EACH 10 $2,208.00• $22,080.00 CONNECTION TO EXISTING 12"WATERMAIN EACH 1 $800.00 $800.00 TRENCH BACKFILL(TO HPI-EAST)• CU YD 1000 $17.50 $17,500.00 TRENCH BACKFILL(TO SHODEEN) CU YD 500 $17.50 $8,750.00 COMPACTION OF WATER MAIN(TO HPI-EAST)' FOOT 4981 $2.00 $9,962.00 COMPACTION OF WATER MAIN(TO SHODEEN) FOOT 4474 $2.00 $8,946.00 SUBTOTAL PHASE 5A SEWER&WATER THROUGH HIGHLAND WOODS FOR HPI-EAST&SHODEEN $2,088,201.40 PHASE 5B SANITARY SEWER AND WATERMAIN-ESTIMATED' IMPROVEMENTS UNIT QUANTITY UNIT COSTS TOTAL MANHOLES,DROP 4'-DIAMETER,TYPE 1 FRAME,CLOSED LID' EACH 11 $3,400.00 $37,400.00 ' SANITARY SEWER,PVC 21"SDR 26' FOOT 3371 $160.00 $539,360.00 SANITARY SEWER,PVC 18"SDR26' FOOT 676• $130.00 $87,880.00 SANITARY SEWER,PVC 15"SDR26' FOOT 3241 $100.00 $324,100.00 AUGER CROSSING,18"PVC,WITH 30"S.S.CASING' FOOT 117 $700.00 $81,900.00 SANITARY TRENCH WATER CONTROL' FOOT 7288 $65.00 $473,720.00 TRENCH BACKFILL,CA-6' CU YD 1000 $17.50 • $17,500.00 16"DIWM,CLASS 52' FOOT 6086 $45.80 $278,738.80 12"DIWM,CLASS 52' FOOT 2986 $34.20 $102,121.20 ( 16"BUTTERFLY VALVE IN 72"VALVE VAULT,TYPE 1 FRAME,CLOSED LID' EACH 6 $6,780.00 $40,680.00 • 12"BUTTERFLY VALVE IN 72"VALVE VAULT,TYPE 1 FRAME,CLOSED LID' EACH 5 $2,860.00 $14,300.00 TEES,16"X16" EACH 37 $2,670.00 $98,790.00 FIRE HYDRANT WITH AUXILLARY VALVE' EACH 17 $2,208.00 $37,536.00 CONNECTION TO EXISTING 16"WATER MAIN` L SUM 1 $1,750.00 • $1,750.00 AUGER CROSSING,16"DIWM,WITH 30"S.S.CASING' FOOT 174 $700.00 • $121,800.00 WATER MAIN TRENCH BACKFILL' CU YD 1000 $17.50 $17,500.00 PERIMETER EROSION BARRIER" FOOT 2000 $3.00 $6,000.00 • SUBTOTAL PHASE 5B SANITARY SEWER AND WATERMAIN $2,281,076.00 PHASES 4A&4B SOFT COSTS . . ' ITEM UNIT QUANTITY - UNIT COSTS TOTAL OCI 4A&4B ENGINEERING(JACOB&HENER)' L SUM 1 $348,340.06 $348,340.06 OCI 4A&4B RESIDENT ENGINEER(COWHEY GUDMENSON)' L SUM 1 $25,000.00 $25,000.00 SUBTOTAL PHASES 4A&4B SOFT COSTS $373,340.06 PHASES 5A SOFT COSTS ITEM UNIT QUANTITY UNIT COSTS TOTAL OCISA ENGINEERING(ROBINSON BASE CONTRACT) L SUM 1 $184,000.00 $184,000.00 OCISA ENGINEERING(ROBINSON EXTRAS)' L SUM 1 $150,000.00 $150,000.00 OCISA ENGINEERING(CEMCON)• L SUM 1 $208,820.14 $208,820.14 EASEMENT AQUSITION(YENERICH) L SUM 1 $202,000.00 $202,000.00 FACILITY PLANNING AREA EXPANSION(ROBINSON)' L SUM 9 $15,000.00 $15,000.00 FACILITY PLANNING AREA EXPANSION(TRUSTEE/LEGAL COSTf L SUM 1 $30,000.00 $30,000.00 TOPOBOUNDARY/WETLAND/TREE SURVEY&EASEMENT PLAT(YENERICH) L SUM 1 $23,454.00' , $23,454.00 WETLAND DELINEATION AND PERMITTING(JENERICH)" L SUM 1 $30,000.00 $30,000.00 WETLAND COUNTY MITIGATION FEE IN LIUE OF(JENERICH)' L SUM 1 $23,400.00 $23,400.00 ARCHAEOLOGICAL SURVEY(YENERICH) L SUM 1 $1,847.50 $1,847.50 SOIL BORING(YENERICH) L SUM 1 $25,773.00 $25,773.00 SUBTOTAL PHASES 5A SOFT COSTS $894,294.64 PHASES 55 SOFT COSTS ITEM UNIT QUANTITY UNIT COSTS TOTAL OCI5B ENGINEERING• L SUM 1 $228,107.60 $228,107.60 TOPO/BOUNDARY/WETLAND/TREE SURVEY&EASEMENT PLAT(SHODEEN)' L SUM 1 $25,000.00 $25,000.00 WETLAND DELINEATION AND PERMITTING(SHODEEN)* L SUM 1 $50,000.00 $50,000.00 WETLAND COUNTY MITIGATION FEE IN LIUE OF(SHODEEN)' L SUM 1 $30,000.00 $30,000.00 ARCHAEOLOGICAL SURVEY(SHODEEN)" L SUM 1 $5,000.00 $5,000.00 SOIL BORING(SHODEEN) L SUM 1 $8,618.00 $8,618.00 SUBTOTAL PHASES 5B SOFT COSTS $346,725.60 • • • • SUBTOTAL OCI 4&5 ESTIMATED COSTS $16,809,431.30 6%CONTINGENCY $1,008,565.88 7%CONSTRUCTION MANAGEMENT FEE $1,176,660.19 TOTAL OCI 4&5 ESTIMATED COSTS $18,994,657.37 ESTIMATED NOTE:COST OF CARRY FOR DEVELOPMENT NOTES IS NOT INCLUDED IN THE ESTIMATED COST. EXHIBIT 11 FAR WEST INTERCEPTOR SEWERS POLICY FOR INSPECTION AND CONSTRUCTION DATED APRIL 30, 2003 29 Far West Interceptor Sewers Policy for Inspections and Construction . April 30, 2003 This policy has been developed by the City of Elgin's Engineering Division in cooperation with Fox River Water Reclamation District(FRWRD)to address the atypical nature of the construction of interceptor sewers by the development community. This policy applies to any interceptor sanitary sewer to be constructed by a developer. Typically,the City or FRWRD will construct the large diameter sewers known as interceptor sewers whereas the development community will construct the smaller or lateral type sewers. Because of the importance of the interceptors, the City and the District have modified the standard operating procedures utilized for the smaller or lateral • type sewers thereby resulting in this policy. For the purpose of this policy, an interceptor sewer shall be defined as the sanitary sewer system depicted in the April 2002 Baxter and Woodmanstudy or any other sewer so defined by the City of Elgin's Engineer. Sewer services will not be allowed on interceptor sewers. 1. Plan review a. The City's Engineering Division will attempt to coordinate and share review comments with the Fox River Water Reclamation District in order to provide the developer a consistent position relative to plans. b. Permit sign off by the City will occur after: i. the developer's engineer has secured a permit or no permit required from all agencies other than the City and FRWRD (Army • Corp,IDNR,Illinois Nature Preserve,US Fish and Wildlife, etc.). ii. all easementshave been secured. • iii. the plans have been approved by the City's Engineering Division and FRWRD. • iv. the developer has agreed to set up an escrow account with the City to fund the full time inspection as required under FRWRD's . regulations. See Construction Administration. c. If proposed plan affects the service area(changes in route, size,depth, etc.)as depicted in the Sewer Study, developer shall pay the City to have the alternative reviewed by Baxter and Woodman. d. The location of interceptor sewers shall be carefully considered in terms of future maintenance. Sewers located near stormwater facilities must be accessible (via excavation) during normal conditions. Sewers located within the limits of stormwater facilities must be placed in casings and designated pit locations reserved. . e. The City is concerned with the proposed placement of watermain in the proximity of the interceptor sewers and how trench settlement (from the sewer)will impactthe watermain. The developer will need to prove that settlement will not impact the watermain. • f. The developer and his engineer MUST include planning for future connections(provide areas to be served and locations of connects). 4 , •• 5. Interceptors to be Owned by the City of Elgin Upon the completion,of an interceptor sewer and upon passing inspection by. FRWRD and acceptance by the City the Developer shall convey or caused to be conveyed to the City of Elgin and at no cost to the City all right, title and interest to the interceptor sewer and the City of Elgin shall be deemed the owner of such interceptor sewer. 6. Sanitary Sewer Lateral or Main Extensions The City agrees that upon the request of the Developer to execute the sanitary sewer lateral and/or main extension IEPA permits after the City has executed the TEPA permits for the interceptor but before the interceptor sewer construction is complete,provided that the lateral and/or main extension plans and specifications are consistent with all required ordinances and other : requirements of law. In such event Developer will be proceeding with the planning, design and construction for any lateral and/or main extension from the interceptor sewer at its own risk. The Developer further agreesthat it can only obtain building permits for residential units at its development for its model homes until such time as the interceptor sewer and lateral and main sewers are substantially completed. F:\Lettat Dent\Aereement\F'ar Westlntereentor Sewer Policv-4-30-03WAC,doq . . • . ... Elgin ... . • Bowes Creek - . \,.0 ± AN ': . • 414 . r . pring Cr ek Farm I ' g: Siljestrom • Gathrnan G, -0 . 80 ac, ....11,-Loald!1•°ad McDonald Road , 0 ( al 1 il 0 . • . El li Stony Creek West • 6 I 1 i.-1 ) 573 total lots U , Diamond Cornelison . 1 •r.— Gait .... Glenwood School • • . 41:p,Cr -1„,.& • . , • for Boys - (.,4 <-.).47 Stony Creek East , . 367 lots • . ,..*' 230 ac. Campton . • • . 0 13 •B . •0) •Forest li township - , 215 0 _ I open space • Preservelz:1 1 P: 1 — — . District I gg, Id,- • ! . • STUN CREEK WEST • . O • . a . 0 Goldstein •. t. I Silva' Glen Road State Bank 0 S g of Geneva ,1 PA'N. , • iJotg.1 - LEGEND • • . . . . * =PROPOSED WATERMAIN . CONNECTION 0 0 SHEET I1 • • OF / • • . .----- . , . 1 --- m.0_,,,, . r..., r J . 6 7 1181M0 1 f . C I1 T-- --3 :?-.1-f lin . Far �. iii. • J • I 1 0 9-7. L i t3 t ; f `3:. C) %- . ti IL r s t.] i II i . ,1 do WIN. . •••••••,••• .. . ../ CI a ; . Li" 1 iII. Tts free. • y,, ft A'S,' k . ' 0:0 h. I .---_ __ S �. t I •lI 11111 1 .T11 � L -. ti ' EXHIBIT 12 RECAPTURE ORDINANCE Draft 12/14/05 EXHIBIT 12 Ordinance No. T AN ORDINANCE PROVIDING FOR THE REIMBURSEMENT FROM BENEFITTED PROPERTY OWNERS OF THE COST OF A PORTION OF THE OTTER CREEK INTERCEPTOR SEWER AND WATER MAINS WHEREAS, Pingree LLC, an Illinois limited liability company ("Crown"), and Wennlund Farm, L.L.C., an Illinois limited liability company ("Wennlund Farm) (Crown and Wennlund Farm being hereinafter collectively referred to as the "Developers") have agreed to construct certain sanitary sewer and water improvements which are known as the Otter Creek Interceptor Sewer Phases 4A and 4B and the Otter Creek Interceptor Sewer and Water Main Phases 5A and 5B (hereinafter referred to as the "Subject Sewer and Water Improvements") which are depicted and described on Exhibit 1 attached hereto and made a part hereof; and WHEREAS, Developers are the owners of property which, along with properties owned by others, will receive sanitary sewer and water service from the Subject Sewer and Water Improvements; and WHEREAS, pursuant to previous agreements the City has determined to and agreed to pay an amount not to exceed $10,000,000 for the costs of constructing the Subject Sewer and Water Improvements; and WHEREAS, based upon current estimates, the total amounts that would be required for the completion of the construction of the Subject Sewer and Water Improvements, including costs for the acquisition of easements, soil borings, permitting, facility planning area expansions, wetland mitigation, engineering, surveys, inspections, construction, materials, letters of credit, bonds, insurance and a construction management fee are in the total amount of$18,994.657.37 (hereinafter referred to as "Project Costs") as set forth in the Cost Estimate dated September 8, 2005, attached hereto as Exhibit 2; and WHEREAS, upon completion of the project the Developers shall provide to the City's Finance Director a complete accounting of all Project Costs for the City Finance Director's review and approval in order to determine the final amount of the Project Costs and of Developers' Costs Advanced (as hereinafter defined); and WHEREAS, Developers have agreed to be responsible and pay for all Project Costs in excess of the $10,000,000 to be paid by the City subject to recapture as provided for in this ordinance (such monies expended by Developers in excess of the $10,000,000 reimbursement 30 from the City for the Project Costs for the Subject Sewer and Water Improvements are hereinafter referred to as Developers' "Costs Advanced"); and WHEREAS, the construction of the Subject Sewer and Water Improvements makes the Subject Sewer and Water Improvements accessible to certain nearby properties and thereby benefit said properties; and WHEREAS, it is reasonable to require the owners of property which may connect to and will use the Subject Sewer and Water Improvements to bear and reimburse to the Developers a portion of the costs of the Subject Sewer and Water Improvements in the event that said owners desire to connect to and use the Subject Sewer and Water Improvements; and WHEREAS, the City of Elgin is a home rule unit authorized to exercise any power and perform any function pertaining to its government and affairs; and WHEREAS, the construction of sanitary sewer improvements and water main improvements and the allocation of the costs of such improvements to benefitted properties pertains to the government and affairs of the City of Elgin; and WHEREAS, properties which will benefit from the Subject Sewer and Water Improvements are those properties which may connect to and use the Subject Sewer and Water Improvements (such properties are hereinafter referred to as the "Subject Benefitted Properties"); and WHEREAS, the City Council of the City of Elgin hereby finds that the share of the cost of the Subject Sewer and Water Improvements to the Benefitted Properties to reimburse Developers their costs advanced for the Project Costs for the Subject Sewer and Water Improvements should be based upon the uses developed thereon and the proportionate share is $1,800 for each dwelling unit (detached, attached and multi-family) if residential uses are developed on the Benefitted Properties and $6,000 per acre if commercial, industrial, office or other uses are developed thereon. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS: Section 1. Except as otherwise specifically provided in this ordinance, the owner of any of the Subject Benefitted Properties who desires to connect and to use the Subject Sewer or Water Improvements shall pay to the Developers the amount allocated as the share to reimburse the Developers their costs advanced for the Project Costs of the Subject Sewer and Water Improvements being the amount of$1,800 for each dwelling unit (detached, attached and multi- family) if residential units are developed on a Benefitted Property and $6,000 per acre if commercial, industrial, office or other uses are developed thereon. Notwithstanding the foregoing, or anything else to the contrary in this ordinance, the Crown Property legally described in the Annexation Agreement between the City and Pingree LLC dated February 25, 2004 (hereinafter referred to as the "Crown Property"), the Pingree Creek L.L.C. and Wennlund Farm Property legally described in the Annexation Agreement between the City and Pingree 31 Creek, LLC dated February 25, 2004, as amended by the amendment thereto dated July 27, 2005, (hereinafter referred to collectively as the "Wennlund Farm Property"), the MB Financial Property legally described in the Public Improvements Construction Agreement regarding the Subject Sewer and Water Improvements dated December 21, 2005 (hereinafter referred to as the "MB Financial Property") and any property owned by the City of Elgin or any other governmental unit (hereinafter referred to as "City or Governmental Property") shall not be subject to this recapture ordinance and the Crown, Wennlund Farm, the owners of the MB Financial Property, City of Elgin and any other governmental unit shall not be required to pay any recapture pursuant to this ordinance or otherwise for such Crown Property, Wennlund Farm Property, MB Financial Property or City or Governmental Property. Notwithstanding the foregoing, or anything else to the contrary in this ordinance, recapture payments for the property known as Shadow Hill Unit 4 currently owned by Chicago Title Land Trust Company, as successor to LaSalle Bank National Association, as the Trustee under Trust Agreement dated September 1, 2004, and which is known as Trust No. 132504 shall be paid to the Developers to reimburse the Developers for their Costs Advanced for the Project Costs for the Subject Sewer and Water Improvements as set forth in the agreement between Developers and Centex Homes dated November 30, 2005. Payment shall be made prior to the recording of a final plat of subdivision for a Subject Benefitted Property or a portion thereof and the amount shall be calculated upon the number of dwelling units or acres in the subject final plat of subdivision. An authorized representative of the Developers shall issue a certificate of payment in the form approved by the City upon the payment of reimbursement from the owner of a benefited property. Section 2. Except for the Crown Property, Wennlund Farm Property, MB Financial Property or any property owned by the City of Elgin and any other governmental unit, no property that will be connected to or use the Subject Sewer and Water Improvements shall hereinafter receive final plat approval from the City or hereinafter be issued a building permit or otherwise be permitted to connect or to otherwise use the Subject Sewer and Water Improvements until such time as payment is made to the Developers in the amounts as set forth in this ordinance. Payments due to the Developers shall be paid in the following ratios: Crown 50%, and Wennlund Farm 50%. The current Facility Planning Area which identifies the current service area of the properties which may connect to and use the Subject Sewer and Water Improvements is attached hereto as Exhibit 3. Notwithstanding the current boundaries of such Facility Planning Area, in the event such Facility Planning Area is expanded and/or any additional properties are proposed to be connected to or use the Subject Sewer and Water Improvements, such additional properties shall also be subject to the terms of this ordinance. Section 3. The reimbursement amounts set forth in Section 1 hereof shall each increase at the rate of 5% per annum beginning July 1, 2006 and such annual increase shall continue on the first day each July thereafter until Developers have been fully reimbursed Developers' Costs Advanced for the Subject Sewer and Water Improvements and interest thereon. Beginning with the completion of the Phase of the Subject Water and Sewer Improvements for which Developers have paid Costs Advanced, interest shall accrue at the rate of 6.5% per annum on the unreimbursed balance of such Costs Advanced until Developers have been reimbursed for all such Costs Advanced and interest thereon. 32 Section 4. That any property held in common ownership with and contiguous to property subject to the provisions of this ordinance on the effective date of this ordinance shall be subject to payment based on the entire amount established for the entire parcel as provided in this ordinance. Section 5. That upon completion of the Project, the determination of the final amount of Project Costs, and the repayment to Developers of their Costs Advanced plus interest as provided herein, the City shall adopt a Follow-On Recapture Ordinance requiring the payment of the fair proportionate share of the Costs Advanced by Subject Benefited Properties as described and defined in Section 13 of the Public Improvements Construction Agreement between the City, Developers and others dated December 21, 2005. Section 6. That this ordinance shall be in full force and effect from and after its passage in the manner provided by law. Ed Schock, Mayor Presented: Passed: Vote: Yeas Nays: Recorded: Published: Attest: Dolonna Mecum, City Clerk 33 • • • • • • • EXHIBIT N SEWER AND WATER IMPROii VEMENTS 1 i • = --0 • • (ilLHEH S LAND USE PLAN INA 193O ;'�uUl!J ""� -'.E �. - '.....,.. - - . 5 j. NEI VSe - - _ - laiMae=nni • �• . • - NOTES. SGAE Is vON +////,'.' (DEM iORCc um.) ,.IL MOW FROM 9NOOF2II RAPED TOO OTTER omc .,.,,y H'I,aRt • .• .. NRDCEv1DII nasi!. .iPgRWN¢U) _ z CRoien/am¢x MU.PAT FOR THE wwnwoa LENGTH OF F!NC.�.rEE GROVE • FORCE uw(HAT Exams THE LENGTH a'ona PAM ',,� OAGMNLT PROPOSED NH.THE P.SaANEW EAST EBT • �Ne. 1 PROPOSED EPA - :' •: ¢SHOOED.ERN°"::SEILER0311 ME . .N.sw PNmw(ILI UST OFT STAMP w/r NDENNM UNDE.¢OPED AIMS NOM DE RR IIr.O6 • --SOME OF IO' -=,F- ('RIVE MON fn.RL PUlED TOC MAS moony NA LFXYJRrbI aRDR. LIFT STAMP t ....AL. ^ Yr _ _ _ - _ (m CONSTRUCTING aetlrMOMOAUSES LA.411.SA D INTO 9r.II�l1 BE rKSPOf fOR " ` SHOGUN 1141r(M : OCMG D PRANCING SOM. RATER MARLS FROM • IHOR OE•NELOPNEx: THE N IIP O EN IETCEDIORS. \\ -y — SEVER MO WATER SHALL NOT `! OF ONS FIEGIORC MrEEPENT. / _ • • �654rIL Ot fE" / - 5.SEVERS ON- Hn99'.9T \ l .-.;•//,' / _ REM=TO I5-.IIFA O 21-. T,NORM BFISA APE FOR PAC mmnsH/J) PJERO •OD.ERDEEN)•• ` ,,..M _ `• • S c•e • __ t14O00.o00L0 tOIFIRiBUl9R FRDIF M DIY 6 OD/ 3. ��\ OEVP.OPFBR -]l/1 ►/��I W `7, - _ _ LEGEND _ Hi WEST .' OO SB' wI FJa l/i/is-_I - �,.' I IrNonFOnFtDFEBTR (PiSOIIJEllO of C,R03334 ...... . . / ENO PHASE t\�R ,pSt10D'cEll _ NnalSrmellvL N>ON®1 . . - . _ G __ _ _. I1MM�w� i ®IDDDBm1110OlOil LCe:9�1 . 1! I �/ / ^ Fat I _ .. _ �_ c'�ItlxEBM11BKniBq . • 3. l�/ iz F / • j- // ��� %, >,. - aNs BwFBERLEE / �// srNar D6:--: - �"" . / A • - •-. ._____ • A., , ,,,,,H, ,., .,-.,, •, -...--1111211. ir----.--- •'.. . .: :•,1'1:-,'''--' mowor ousts woo, ilim DAWN Il PM Ay CROWNWIWONO. kv1 a&, .L ,.� r�1�montllonurN>tmI aRw xNt.NmA \ NEIEP,a - N�•_ObaB POOPOSED w,waormNRR: PROPER Y _ nCRORNIago®F • RTRCANY b'fS:PDBrt - /�.'' rte—PIIDPONm FORM MIN nCIOMN®F ✓zEFmOIIYr�� - / BlSlflEl9 PRDPFTIV / / - �►�PRpFONED FaQFAMMPNgwnA / .�. / /• ^.. -'-aawnlora®wmRENwnncw.RuoEal r 00 SS MOMS==W*1M IANNDE DEMI _ 05ARf 0E� Dp 41 .f N•••—AA FRoOE®NM9FY SM.1.......M....1 REVISED 13/2/05 REVISED f/I3/03 . FEROBINSON i EENOINSBNINO • CENTE1( LTD. . eINLnEra -\ Co soWS btbbod ANNMRRI EFgIaNrs \1 5055 0 e Dowe-0NsaTICAOLl EXHIBIT 1 • ' COST ESTIMATE . OTTER CREEK INTERCEPTOR SEWER&WATER MAIN PHASES 4&5 PHASES 4A&4B SOFT COSTS • ITEM UNIT' QUANTITY UNIT COSTS TOTAL OCI 4A&4B ENGINEERING LACOB&HENEI1)" ' L SUM 1 ' $348,340.06 $348,340.08 OCI 4A&4B RESIDENT ENGINEER(COWHEY GUDMENSON)" L SUM 1 $25,000.00 $25,000.00 • SUBTOTAL PHASES 4A&4B SOFT COSTS $373,340.06 PHASES SA SOFT COSTS • ITEM • UNIT QUANTITY UNIT COSTS TOTAL ' OCISA ENGINEERING(ROBINSON BASE CONTRACT) L SUM 1 $184,000.00 $184,000.00 OCISA ENGINEERING(ROBINSON EXTRAS)" L SUM 1 $150,000.00 $150,000.00 OCISA ENGINEERING(CEMCON)' _ L SUM 1 $208,820 14 $208,820.14 ' EASEMENT AQUSITIONIYENERICH) L SUM 1 $202,000.00 $202,000.00 FACILITY PLANNING AREA EXPANSION(ROBINSON)" l L SUM 1 $15,000.00 $15,000.00 ' FACILITY PLANNING AREA EXPANSION(TRUSTEE/LEGAL COST)" • L SUM 1 $30,000.00 $30,000.00 TOPO/BOUNDARYWETLAND/TREE SURVEY&EASEMENT PLAT(YENERICH) L SUM 1 $23,454.00 $23,454.00 WETLAND DELINEATION AND PERMITTING(JENERICH)" L SUM 1 $30,000.00 $30,000.00 WETLAND COUNTY MITIGATION FEE IN LIUE OF(JENERICH)" L SUM 1 $23,400.00 $23,400.00 ARCHAEOLOGICAL SURVEY(YENERICH) L SUM 1 $1,847.50 $1,847.50 SOIL BORING(YENERICH) L SUM 1 $25,773.00 $25,773.00 . • • SUBTOTAL PHASES 5A SOFT COSTS $894,294.64 PHASES 5B SOFT COSTS . ITEM UNIT QUANTITY UNIT COSTS TOTAL - OCISB ENGINEERING• L SUM 1 $228,107.60 $228,107.60 TOPO/BOUNDARYM/ETLAND/TREE SURVEY&EASEMENT PLAT(SHODEEN)" L SUM 1 $25,000.00 $25,000.00 • WETLAND DELINEATION AND PERMITTING(SHODEEN)" L SUM 1 $50,000.00 $50,000.00 WETLAND COUNTY MITIGATION FEE IN LIUE OF(SHODEEN)" L SUM 1 $30,000.00 $30,000.00 ARCHAEOLOGICAL SURVEY(SHODEEN)" L SUM 1 $5,000.00 $5,000.00 SOIL BORING(SHODEEN) L SUM 1 $8,618.00 $8,618.00 SUBTOTAL PHASES 5B SOFT COSTS $346,725.60 • PHASE 5A WATERMAIN TO PINGREE CREEK-DIPAOLO IMPROVEMENTS UNIT QUANTITY UNIT COSTS TOTAL 24"DIWM,CLASS 52 FOOT 5439 $92.00 $500,388.00 20"DIWM,CLASS 52 FOOT 20 $93.00 $1,880.00 16'DIWM,CLASS 52 FOOT 2750 $62.00 $170,500.00 6"DIWM,CLASS 52 FOOT 30 $60.00 $1,800.00 24"BUTTERFLY VALVE IN 84'VALVE VAULT,TYPE 1 FRAME CLOSED LID EACH 5 $9,700.00 $48,500.00 20"BUTTERFLY VALVE IN 84"VALVE VAULT TYPE 1 FRAME,CLOSED LID EACH •1 $9,500.00 $9,500.00 16"BUTTERFLY VALVE IN 72"VALVE VAULT.TYPE 1 FRAME,CLOSED LID EACH 10 $6,500.00 $65,000.00 COMBO AIR RELEASE-VAC VALVE IN 60"VALVE VAULT,TYPE 1 FRAME,CLOSED LID EACH 1 . $3,000.00 $3,000.00 FIRE HYDRANT WITH AUXILLARY VALVE . EACH 2 $3,000.00 $6,000.00 . 24"DI END CAPS W/MEGALUG EACH 2 $840.00 $1,680.00 20"DI END CAPS WI MEGALUG _ EACH 1 $600.00 $600.00 16"DI END CAPS WI MEGALUG • EACH 4 - $520.00 $2,080.00 TEES,24"X24" _ EACH 2 $6,100.00 $12,200.00 . TEES,24'X16" • EACH 3 $4,800.00 $14,400.00 • TEES,24"X6" EACH 1 $4,600.00 $4,600.00 . TEES,16"X18" EACH 1 $2,670.00 $2,670.00 REDUCER,24"X20' EACH 1 $2,500.00 $2,500.00 ADDITIONAL FITTINGS POUND 6850 54.00 $26,600.00 CONNECTION TO EXISTING 24"WATER MAIN L SUM 1 $4,000.00 $4,000.00 • CONNECTION TO EXISTING 16"WATER MAIN L SUM 1 $1,750.00 $1,750.00 • AUGER CROSSING,24"DIWM,WITH 36"S.S.CASING FOOT 253 $1,125.00 $284,625.00 AUGER CROSSING,16"DIWM,WITH 30"S.S.CASING FOOT 125 $700.00 $87,500.00 CASING FOOT 105 $700.00 $73,500.00 WATER MAIN TRENCH BACKFILL CU YD 50 $35.00 $1,750.00 ' SUBTOTAL PHASE SA WATERMAIN TO PINGREE CREEK $1,327,003.00 • PHASE 5A WATER MAIN THROUGH HIGHLAND WOODS FOR HPI-EAST&SHODEEN-ESTIMATED" IMPROVEMENTS UNIT QUANTITY UNIT COSTS TOTAL 16"WATERMAIN THROUGH CROWN PROPERTY(TO SHODEEN) FOOT 474 $46.00 $21,804.00 12"WATERMAIN THROUGH CROWN PROPERTY(TO HPI-EAST" FOOT 4981 $34.20 $170,350.20 12"WATERMAIN THROUGH CROWN PROPERTY(TO SHODEEN) FOOT 4000 $34.20 $136,800.00 16"VALVE IN VAULT(TO SHODEEN) EACH 1 $6,780.00 $6,780.00 12"VALVE IN VAULT(TO HPI-EAST)" EACH 13 $2,880.00 $37,180.00 12"VALVE IN VAULT(TO SHODEEN) EACH - 9 $2,880.00 $25,740.00 HYDRANT WITH AUX VALVE(TO HPI-EAST)" EACH 16 $2,208.00 $35,328.00 HYDRANT WITH AUX VALVE(TO SHODEEN) EACH 10 $2,208.00 $22,080.00 CONNECTION TO EXISTING 12"WATERMAIN EACH 1 $800.00 $800.00 TRENCH BACKFILL(TO HPI-EAST)" CU YD 1000 $17.50 $17,500.00 TRENCH BACKFILL(TO SHODEEN) CU YD 500 $17.50 $8,750.00 COMPACTION OF WATER MAIN(TO HPI-EAST)" FOOT 4981 $2.00 $9,962.00 COMPACTION OF WATER MAIN(TO SHODEEN) - FOOT 4474 $2.00 $8,948.00 SUBTOTAL PHASE 5A WATER MAIN THROUGH HIGHLAND WOODS FOR HPI-EAST&SHODEEN 5502,02220 PHASE 50 WATER MAIN•ESTIMATED' IMPROVEMENTS UNIT QUANTITY UNIT COSTS TOTAL 16"DIWM,CLASS 52' • FOOT 8086 $45.80 $278,738.80 . 12"DIWM,CLASS 52' FOOT 2986 $34.20 $102,121.20 16"BUTTERFLY VALVE IN 72"VALVE VAULT,TYPE 1 FRAME,CLOSED UD" EACH 8 $6,780.00 $40.680.00 12"BUTTERFLY VALVE IN 72"VALVE VAULT,TYPE 1 FRAME,CLOSED LID' EACH 5 $2,860.00 $14,300.00 TEES,16"X16'" EACH 37 $2,670.00 $98,790.00 FIRE HYDRANT WITH AUXILLARY VALVE' EACH 17 $2,208.00 $37,538.00 CONNECTION TO EXISTING 16"WATER MAIN' L SUM 1 $1,750.00 $1,750.00 AUGER CROSSING,16"DIWM,WITH 30"S.S.CASING" FOOT 174 $700.00 $121,800.00 WATER MAIN TRENCH BACKFILL" • • _ CU YD 1000 $17.50 $17,500.00 PERIMETER EROSION BARRIER" FOOT 2000 $3.00 $6,000.00 SUBTOTAL PHASE 5B WATER MAIN $719,216.00 • • EXHIBIT 2 PHASES 4A&40 SANITARY SEWER INTERCEPTOR-ANDERSON UNDERGROUND,INC. IMPROVEMENTS - • UNIT QUANTITY UNIT COSTS TOTAL MANHOLES,TYPE A,B'-DIAMETER,TYPE 1 FRAME,CLOSED LID EACH 5 $12,000.00 $60,000.00 • MANHOLES,TYPE A,7'-DIAMETER,TYPE 1 FRAME,CLOSED LID EACH 11 $10,000.00 $110,000.00 MANHOLES,DROP 4-DIAMETER,TYPE 1 FRAME,CLOSED LID EACH 4 $7,000.00 • $28,000.00 SANITARY SEWER,PCCP,48" FOOT 6720 $410.00 $2,755,200.00 SANITARY SEWER,PVC 10"SDR 26 FOOT 167 $200.00 $33,400.00 SANITARY SEWER,PVC 8"SDR26 FOOT 90 $170.00 $15,300.00 72"STEEL CASING JACKED IN PLACE FOOT 70 $1,500.00 $105,000.00 PERIMETER EROSION BARRIER FOOT _ 12810 $1.50 $19.215.00 TRENCH BACKFILLCA-6 TN _ 10458 $14.00 $146,412.00 BENCH AREA TO 25'DIGGING DEPTH AND REPLACE FROM MH#5 TO MH#8 • LS 1 $105,436.60 $105,436.60 BACKFILL AND COMPACT AREA FROM MH#5 TO MH#8 LS 1 $105,437.00 $105,437.00 ' SUBTOTAL PHASES 4A&-4B SANITARY SEWER INTERCEPTOR. $3,483,400.60 PHASE 5A SANITARY SEWER INTERCEPTOR TO PINGREE CREEK•DIPAOLO • IMPROVEMENTS UNIT QUANTITY UNIT COSTS TOTAL , MANHOLES,4'x4'BASE T,TYPE.1 FRAME,CLOSED LID EACH _ 10 $20,400.00 $204,000.00 ' MANHOLES SPECIAL,4'SEWER,TYPE 1 FRAME,CLOSED LID EACH 14 $24,000.00 $336,000.00 • MANHOLE RISER 4'DIAMETER V FOOT _ 120 $90.00 $10,800.00 SANITARY SEWER PVC 12"SDR26(STUB) FOOT 140 $75.00 $10,500.00 SANITARY SEWER PVC 14"SDR 18(STUB) FOOT 20 $80.00 $1,600.00 SANITARY SEWER,36"(STUB) FOOT _ 20 • $300.00 $6,000.00 SANITARY SEWER,42"(STUB) FOOT 20 $292.00 $5,840.00 SANITARY SEWER,PCCP,48" FOOT 12005 $292.00 $3,505,460.00 SANITARY SEWER,RCP,48" FOOT 155 $1,200.00 $186,000.00 AUGER(DIRECT BORE)CROSSING,48" FOOT 484 $1,040.00 8503,360.00 SANITARY TRENCH WATER CONTROL FOOT _ 12160 . $65.00 , $790,400.00 TRENCH BACKFILL,CA-8 CU YD 1460 $25.00 $36,500.00 TOPSOIL FURNISH AND PLACE, 6" SO YD 1000 $1.00 $1,000.00 HYDRAULIC SEEDING • SQ YD 1000 $0.50 $500.00 TOPSOIL EXCAVATION AND PLACEMENT SQ YD 103000 $1.00 $103,000.00 TEMPORARY DITCH CHECKS EACH 6 5280.00 $1,680.00 PERIMETER EROSION BARRIER FOOT 15000 $3.00 $45,000.00 TREE REMOVAL IN-DIA 250 $25.00 $6,250.00 DRIVEWAY REMOVE AND REPLACE SO YD 50 $80.00 $4,000.00 SIDEWALK REMOVE AND REPLACE SO YD 50 $55.00 $2,750.00 MOBILIZATION _ L SUM 1 $180,000.00 $180,000.00 CONSTRUCTION ADMINSTRATION . L SUM 1 $74,750.00 $74,750.00 SUBTOTAL PHASE SA SANITARY SEWER INTERCEPTOR TO PINGREE CREEK $6,016,390.00 , PHASE 5A SEWER THROUGH HIGHLAND WOODS FOR HPI-EAST&SHODEEN ESTIMATED. IMPROVEMENTS UNIT QUANTITY UNIT COSTS TOTAL ADDITIONAL 10"FORCEMAIN(HPI-EAST)" FOOT 4465 $50.00 $223,250.00 COMPACTION OF FORCE MAIN(HPI-EAST)• FOOT 4465 • $2.00 $8,930.00 SANITARY SEWER,PVC 21"B'-12'(TO HPI-EAST)" FOOT 951 $88.20 $83,878.20 SANITARY SEWER,PVC 21"12'-16'(TO HPI-EAST)" FOOT 3409 $10Q.00 $340,900.00 MANHOLES SPECIAL,48"SEWER,TYPE 1 FRAME,CLOSED LID(TO HPI-EAST)" EACH 21 $2,200.00 $46,200.00 TRENCH BACKFILL(TO HPI-EAST)" CU YD _ 1000 $17.50 $17,500.00 'SANITARY TRENCH WATER CONTROL(TO HPI-EAST)• FOOT 4360 $20.00 $87,200.00 CONNECTION TO EXISTING 48"INTERCEPTOR SEWER(TO HPI-EAST)"' EACH 1 $4,290.00 $4,290.00 TELEVISING AND COMPACTION OF SANITARY SEWER(TO HPI-EAST," FOOT 4360 $3.60 $15,698.00 ' INFA SHEILDNACUUM TESTING OF MANHOLES(TO HPI-EAST) EACH ' 21 • $435.00 • $9,135.00 • BENCH AREA BETWEEN M.H #17 TO M H.#22(TO SHODEEN CU YD 112000 $5.35 $599,200.00 SWM/OPEN SPACE/BUILDING PAD RESTORATION(TO SHODEEN)" LSUM . 1 $150,000.00 $150,000.00 • • SUBTOTAL PHASE SA SEWER THROUGH HIGHLAND WOODS FOR HPI-EAST&SHODEEN $1,586,17920 PHASE 5B SANITARY SEWER•ESTIMATED. ' IMPROVEMENTS UNIT QUANTITY. UNIT COSTS TOTAL MANHOLES,DROP 4'-DIAMETER,TYPE 1 FRAME,CLOSED LID' EACH 11 $3,400.00 $37,400.00 SANITARY SEWER PVC 21"SDR 26' FOOT 3371 $160.00 $539,360.00 SANITARY SEWER,PVC 18"SDR26" FOOT 678 $130.00 $87,860.00 SANITARY SEWER PVC 15"SDR26" FOOT 3241 $100.00 $324,100.00 AUGER CROSSING,18"PVC,WITH 30"S.S.CASING' FOOT 117 $700.00 $81,900.00 SANITARY TRENCH WATER CONTROL' . FOOT 7288 $65.00 $473,720.00 . TRENCH BACKFILL,CA-6" CU YD 1000 $17.50 $17,500.00 SUBTOTAL PHASE 5B SANITARY SEWER $1,561,860.00 • SUBTOTAL OCI 4&5 ESTIMATED SOFT COSTS $1,614,360.30 SUBTOTAL OCI 4&5 ESTIMATED SANITARY SEWER COSTS $12,646,829.80 SUBTOTAL OCI 4&5 ESTIMATED WATER MAIN COSTS $2,548,241.20 • SUBTOTAL 0014&5 ESTIMATED SOFT,SANITARY SEWER&WATER COSTS $16,809,431.30 6%CONTINGENCY $1,008,585.88 7%CONSTRUCTION MANAGEMENT FEE $1,176,660.19 - TOTAL OCI 4&5 ESTIMATED COSTS $18,994,657.37 'ESTIMATED • NOTE COST OF CARRY FOR DEVELOPMENT NOTES IS NOT INCLUDED IN THE ESTIMATED COST. • CITY of ELGIN, ILLINOIS . • • EXHIBIT BENEFITED PROPERTIES N • asmisi 8EJ!1 RROM {. - • •:b r . . '� . % `' • x /` ♦ s . ROHRSEN ROAD. " --- P' •• •- syLk qY I ;_ , ♦ . . — .. - 2- - - LEGEND - ..Drama MEMO,Wm. t.:-?;-... ORFA C11FDt arE10EIIOR{EWa ` - r ...F::.` - i` W{IEA PHESa Na.6A{50 . -� i;'• • •� PGATO ROM - .- ''♦ .. .. .i y \'—-a • ,v. .,•1i`-!"' IIEGIfU11E FEE TIE DrrEA �y/'/ • • . .. 9' N.,.i v �SI cnEEx wracEnan mama AJO I//// .: c( - WATER rrwa.A.a ea YY EumichiPERbM 1 I. 4I'3a1♦ .---; - - __ �. y'� 71.';.• • . 4: ♦fqa! •''' `BOIXJES_ S.' OAR - ..,I�, ♦♦� .',<°; -n__qty • • .moi • ROBINSON ••• _ _ �(:- • •:3t.:: _ - EERING LTD. SILVER ra e...�. - .._,_ ..,. -..----ai •.: • r crawling Rry0 ProlesAW Endows 1 eNWFLOaFml amen EXHIBIT 3 EXHIBIT 13 LEGAL DESCRIPTION OF MB FINANCIAL PROPERTY 34 • EIRBIT nem OWNERS ENTIRE PARCEL THAT PART OF THE WEST HALF OF SECTION 12 AND PART OF THE NORTH HALF OF SECTION 13, ALL IN TOWNSHIP 41 NORTH, RANGE 7 EAST, OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER. OF SAID SECTION 13; THENCE SOUTH 0 DEGREES 6 MINUTES EAST ALONG THE WEST LINE THEREOF 2135.7 FEET TO THE SOUTH LINE OF THE NORTH 75.0 ACRES OF THE SOUTH HALF OF THE NORTHWEST QUARTER AND OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE NORTH 89 DEGREES 03 MINUTES EAST ALONG SAID SOUTH LINE (BEING PARALLEL TO THE NORTH LINE OF THE SOUTH HALF OF THE NORTH HALF OF SAID SECTION 13) A DISTANCE OF 4017 .8 FEET TO THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13; THENCE NORTH ALONG SAID EAST LINE 814.2 FEET TO THE NORTH LINE OF SAID QUARTER QUARTER; THENCE WEST ALONG SAID NORTH LINE' 61.4 FEET TO THE CENTER LINE OF RUSSELL ROAD; THENCE NORTH 0 DEGREES 24 MINUTES EAST ALONG SAID CENTER LINE 1322.6 FEET TO THE NORTH LINE OF SAID SECTION 13; THENCE SOUTH 89 DEGREES 02 MINUTES WEST ALONG SAID NORTH LINE (BEING IN PLANK ROAD) 2040. 1 FEET; THENCE NORTH 16 DEGREES 18 MINUTES EAST 1568.8 FEET TO THE CENTER LINE OF STATE HIGHWAY AS FENCED AND OCCUPIED IN MARCH, -1934; THENCE NORTHWESTERLY ALONG SAID CENTERLINE TO THE WEST LINE OF SAID SECTION 12; (BEING AT A POINT 447.5 FEET NORTH OF THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF SAID ' SECTION 12) ; THENCE SOUTH 0 DEGREES 35 MINUTES EAST ALONG THE WEST LINE OF SAID SECTION 12 A DISTANCE OF 2572.0 FEET TO A POINT 518.8 FEET NORTH OF THE SOUTHWEST CORNER OF SAID SECTION (BEING THE CENTER LINE OF PLANK ROAD AS IT EXISTED BEFORE PAVING AND AS ORIGINALLY FENCED) ; THENCE SOUTH 69 DEGREES 38 MINUTES. EAST ALONG SAID OLD CENTER LINE 563.0 FEET; THENCE SOUTH 0 DEGREES 35 MINUTES EAST PARALLEL TO THE WEST LINE OF SAID SECTION 12( A DISTANCE OF 314. 0 FEET TO THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 12; THENCE SOUTH 89 DEGREES 02 MINUTES WEST ALONG SAID SOUTH LINE 525.8 FEET TO THE POINT OF BEGINNING (EXCEPT THAT PART LYING WITHIN RUSSELL - ROAD; ALSO EXCEPT THE NORTH '20 RODS OF THAT PART OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 13 LYING EASTERLY OF THE EASTERLY LINE OF RUSSELL ROAD) ; (ALSO EXCEPT THAT PART OF THE NORTHEAST QUARTER OF SECTION 13, AFORESAID, DESCRIBED AS FOLLOWS: ."EXHIBITe BEGINNING AT A POINT ON THE NORTH LINE OF SAID QUARTER SECTION, DISTANT 1265.6 FEET NORTH 89 DEGREES , 02 MINUTES EAST OF THE NORTHWEST CORNER THEREOF AS MEASURED ALONG SAID NORTH LINE, SAID POINT BEING ON THE WEST LINE OF RUSSELL ROAD EXTENDED NORTHERLY; THENCE SOUTH 0 DEGREES 24 MINUTES WEST ALONG SAID WEST LINE, 59.46 FEET; THENCE SOUTH 89 DEGREES 00 MINUTES 42 SECONDS WEST, 68.42 FEET, THENCE NORTH 86 DEGREES 24 MINUTES 52 SECONDS WEST, 250.80 FEET TO THE SOUTH LINE OF PLANK ROAD; THENCE NORTH 0 DEGREES 50 MINUTES 18 SECONDS WEST, 39.56. FEET TO THE NORTH LINE AFORESAID; THENCE NORTH 89 DEGREES 02 MINUTES EAST ALONG SAID NORTH LINE 319.86 FEET TO THE POINT OF BEGINNING) IN THE TOWNSHIP : OF PLATO, KANE COUNTY, ILLINOIS. • - EXHIBIT "C-1" ) , • OBER`5 PARCEL _ 2 I4tN — R . 7E . SEE PAGE 27 H.Greene y S, lt+� = :rtepi:•.fiFI ,i . -iOp e• Si haharezbarri,e/- j • :�, el - r�„F.f! , p4. y ^ n;�+s ; Ito /3/SG 2C.Z7 k\ y ., -- t WilJit 7S r v :::w 7'... i. `a en :•r'. wail' s5'39 /05.le Trust 1 L ��w rt� S xmii r�7. TFZS C H 'r, — 1�?E:� — - tak 0 E •' �`•�• /'OJl�R P x C - close. /me. : • • . :e- - h in�ed 4.1 ..:.). 1.1 /far //7.37 oW3k/ .; S 46.:. 1 al Tlr�Jrltou7` I._ ', sfiilo �} ,�rt' � , csh ..n,_„.77- 148.6.9; f Trusil-se n� t, 6'2. T3 o v• s c �/Jrna /571- C „o ' "gig _ Z Tuts/!G0 W Iia' �lS °' y.. ,s�,,rusr-AL-.t 6._ _e • 'L.4T0 . i.' ch /rt - Wn H.� mN h 1 Herbert C. •� Try use: /"krr1 ,.T I ..? �y�'`�.." r `9 _ y u" e '�d G �' and1431 SYrcw - 1.A•r `4gi0 - 17L4! L O. 159.2 !7/-0.5- 0 k X(K '3 . - 17 .i,M . S/MS 1 �` 4 o v : L. :n c.TchnsongO .,,.. %dG! ;,,�5 ` t� A. A o .• ll r, .6..urcni2fi Bk s.-a �t J� "'t /a /G ./7 ittst•�Cy�i' y0 7;' v,' /zr.�9 /Uo•.t= - -•-T 1 ����,",Z.,-J E::-� M per)ch,4' y - 40zrz ^ �� se �Cii1y ?r sers:..:L11i ` -._ .,,�® mo Z ,s�'' '' _ 4 RW a _ _----r---- --::—,.ol N A`�c0 it>t `(l 4~ > ••ft-T 1_ ' C .,_'11„4.1,r (3N UDI 4 m3r. �. o try .t -a 17a - soz a 3i':,,e.,,, 14,V,o .O !9327 Z.J. 0 .ti"''.eP15. 'rcria" ZT� o� C , �� n is erviwittfffity 1/4....zzt tat.'1� 1 ? CCI' id .-c. 79.3/ `ey RaymeAd . ♦ c°' I. FIPP. Rancor! -cr r Rabr � �. • ::: 4 . CDRS'iruCfi017 „ t Russell Tru• �• ' _ ... /57—j r z a '.41§6M::.:: .. ,'a Corp. I . �8,�7 7 :: .- vs . Muirhe •l 237.�s � ,�" son ci? rQ 'w ■V.- :`�J' Tttst- PLAT TSF t �r-k" - - Lir - u ��gAlaiRM i� 4 z ill 40 2N rst'C.241111 EiL:.:n/ ti kasxia .:� 4 o u��uVW.•q li o� ii h,...z.. prif.'-. ra . .1.4 1 rE. ir.... i: �► V phi I� az . 5 s. _u13 , 1.4,E •p, s.7,_ - is us .„ t • ilk. • �o��� / ;�` ^ .ate • -�.�R g :. • For_.r,.e '.1,, ,, . .,...�� to = ' �1'S m b : � kms :: Fin Am.., 17 Dist e'• �'+ -_ " mann 6 , mcirca �.4.5'R::: 1Glear�A Kane Coon , Norms +.� ,rte .--..1 i P• . 'I/ZZ Nd p�Y A • ' ��' _ Ter- 40 1.,. �+' o✓ o..Z15251 Mi‘ z mel Cl+ s army-�lag :a�aa.��t.:yr:� O Bc IEo7r- 'Vo k /O Aral i. '_- �. �yS GGTP. Plf.;4No., �'••• - ::.. bra,4;Egagi'� . 1,, .......-„,..,.. •. pr. lb. „,„,toga .......... , tiwil 1` ru 2C T(LSt �.!30� - -• -iii. homa5 J Her+n s l97.J ��� • wisdahl tvan eyer A_ � Mg i •SRB. w T - • i 'R1rce 1 GLS' tar". h' aeD7rusf r r "-- `1�)C f- 5 Na.JO IS' . .im .' ,at Z0 I ,yu ac 3WJ Iii ::Yr: Z 5O GS TrNo. 82.4E C Qua•• . 15 s4 1111•ar;: .3 o r57' Co[ riiaJ . H 4752 �caephinG o ':-•-:-,:,_4in" '� •e•,:•1� mil Cp�tr� %/'uSf,/CoT�'n�t 9.5/. 8 ruM •I,e f y. c : 'r�r'= •• • '1 sc*.:s��Ii� `� 57`/a a T9O-OD'F Z 1. : 2� )0•17a sig •- •,F 4 r _a, .5:8 m.,-..._.■j s■Ri.7�1 .2 28. rn n s Gertrude L �I �~ © RjruhrlrrL -m+ PO. crate �•�� ` :� .� 124.711 Rehm va; o . 's9.•• �GrecO +'� a'�� �, •6`' � g • , rags! aR -. g 43'-' : i rr, _r•- _lru$1 1.52.E a c,o+� ' ,.� °^. __l74111417.44 ■, " Sn v !7- .ank, C1 n C 5? �.►. �; r _.'�Trt t s �n.LT2G�1 'A EXHIBIT 14 AGREEMENT BETWEEN CROWN, WENNLUND FARM AND CHICAGO TITLE LAND TRUST AS TRUSTEE, DATED NOVEMBER 30, 2005 35 AGREEMENT This AGREEMENT is made as of the Effective Date herein provided by and between Pingree LLC, an Illinois limited liability company("Crown"),Wennlund Farm,L.L.C., a limited liability company ("Wennlund") (Crown and Wennlund are collectively the "Developer") and PII Real Estate LLC, a Delaware limited liability company and sole beneficiary of the title holding land trust of which Chicago Title Land Trust Company,as successor to LaSalle Bank National Association, as the trustee under trust agreement dated September 1, 2004 and which is known as Trust No.132504 (the land trust and its beneficiary are collectively called the"Land Owner"). WITNESSETH: WHEREAS, Land Owner 'is the owner of certain real property within the City of Elgin, Kane County, Illinois (the "City") which is known as Shadow Hill Unit 4 which depicted and legally described on Exhibit"A" (the "Property"); and WHEREAS,the Property will benefit from the installation of certain sewer projects which are being undertaken and partially financed by Developer on behalf of the City with Developer being entitled to recaptures from benefited lands to repay amounts advanced; and WHEREAS,the Property will benefit from the construction of a sanitary sewer project known as Otter Creek Interceptor Phase 4A(the "Project")which will be constructed through a portion of the Property; and WHEREAS,the Property is a benefited property subject to recapture by the Developer for the Project; and WHEREAS, the City needs an easement in its favor over the Property and Land Owner is prepared to grant an easement in the form attached hereto as Exhibit "B" (the "Easement"); and WHEREAS,Land Owner has requested that recapture payments in the amount of $1800.00 per dwelling unit for all dwelling units that may be constructed on all portions of the Property at the time of final plat approval (the "Recapture Amount") be waived by the Developer for all portions of the Property except for the land included within the following described lots: Lots 48-54, inclusive and 73-86, inclusive as depicted on the plans for Shadow Hill Unit 4 prepared by Cemcon Ltd. dated March 9, 2005, last revised August 11, 2005 (the "Recapture Land"); and WHEREAS,in lieu of paying the Recapture Amount for the remainder of the Property, Land Owner is prepared to pay to Developer an amount equal to the cost that Land Owner would have incurred had it engaged its own'contractor to install the segment of the sanitary sewer interceptor which serves all of the Property (the "Land Owner's Segment") other than the Recapture Land which segment begins at the eastern terminus of OCI 4A and extends to manhole#ST14 of OCI 4A(the "Cash Payment"); and WHEREAS, the Cash Payment shall be determined based on a price of $386.00 for each lineal foot installed by Developer as measured in the field by Cowhey Gudmundson Leder, Ltd. /300192.v 6 11/3/2005 11:34 AM and confirmed by Developer and shall be paid by Land Owner upon the first to occur of April 15, 2006 or recording the final plat for Shadow Hill Unit 4; WHEREAS,Developer is prepared to accept the Cash Payment and include the Land Owner's Segment in the Project so that it may be installed by Contractor. NOW, THEREFORE, in consideration of the premises herein contained and for other good and valuable consideration,the receipt and sufficiency of which are hereby acknowledged, it is hereby agreed and understood between the parties as follows: FIRST: Land Owner hereby agrees that upon execution of this Agreement to deliver the executed Easement to the City together with a copy of this Agreement to give the City notice of the undertakings and agreements herein contained. • SECOND: All notices required under the terms of this Agreement shall be in writing and sent to the parties hereto at the addresses respectively listed below either by hand delivery, facsimile or by overnight courier service. Notices which are handdelivered sent by certified mail shall be deemed received two calendar days after mailing while notice sent by overnight courier shall be deemed received on the next business day. THIRD: When work on the Property is complete, Developer shall remove all materials, equipment and debris from the Property not removed by the Contractor and shall restore the surface grade of the Property to the grade and condition that existed thereon prior to Contractor's entry onto.the Property if the surface grade has not been restored by Contractor. FOURTH:. Developer, to the full extent permitted by law, shall indemnify and hold Land Owner, its beneficiary,their officers,managers, and members, harmless of, from and against any and all loss and damage to property and injury to and death of all persons whatsoever, including but not limited to reasonable attorneys' fees, arising wholly or in part, from or in connection with the use of the Property as herein contemplated. FIFTH: Developer agrees that it shall waive the right to receive the Recapture Amount for all other lots depicted on that final plat for the Property,provided that Land Owner makes the Cash Payment and pays the Recapture Amount for each lot located on the Recapture Land upon the first to occur of: April 15, 2006 or recording of the final plat for Shadow Hill Unit 4. SIXTH: Prior to entering onto the Property, Contractor shall furnish evidence to Land Owner in a form satisfactory to Land Owner that Contractor has obtained the insurance coverages listed on Exhibit "C" attached hereto. Such evidence shall show that Land Owner has been named as additional insured. Evidence of renewals of the policies providing such. coverages shall be furnished at least 15 days prior to the expiration dates. SEVENTH: Developer shall keep the Property free and clear of mechanics' or materialmen's liens for labor and/or materials furnished for the Project. Developer shall pay and discharge or bond over-to Land Owner's satisfaction-all mechanics or materialmen's liens that may be filed against the Property as a result of the performance of work and the furnishing of materials for the Permitted Uses within ten days of the date of filing thereof. /300192.v 1 9/21/2005 12:41 PM EIGHTH: All provisions of this Agreement shall remain in full force and effect until the Recapture Amount for each of the lots on the Recapture Land and Cash Payment have been made. NINTH: This Agreement shall be recorded against the Property for the purpose of putting future owners on notice of the obligations herein contained. The provisions hereof are intended to run with the land. TENTH: This Agreement is executed by Chicago Title Land Trust Company, not personally but solely as Trustee, as aforesaid, in the exercise of the power and authority conferred upon and vested in it as such Trustee. All the terms,provisions, stipulations, covenants and conditions to be performed by Chicago Title Land Trust Company are undertaken by it solely as Trustee, as aforesaid, and not individually and all statements herein made are made on information and belief and are to be construed accordingly, and no personal liability shall be asserted or be enforceable against Chicago Title Land Trust Company by reason of any of the terms,provisions, stipulations covenants and/or statements contained in this Agreement. IN WITNESS WHEREOF,the undersigned have executed this Agreement as of the Effective Date. CROWN: Filigree LLC By: Its m aging memo Address: 3600 Thayer Court Suite 100 Aurora,Illinois 60504 Date Signed and Effective Date: Era"�6--- WENNLUND: Wennlund Farm LLC y: Its managing • e g•er Address: 17 North First Street Geneva, Illinois 60134 Date Signed: aZ— r DS /300192 v 1 9/21/2005 12;41 PM LAND OWNER: P II Real Estate LLC • managing member Address: 800 Roosevelt Road Glen Ellyn, IL 60137 . Date Signed: CHICAGO TITLE LAND TRUST COMPANY, as successor trustee to LaSalle Bank National Association, not personally, but as Trustee under trust agreement dated September 1,2004 and known as Trust No. 132504 By: 4,e,..„,,, fi.„4.1. Name: Its: Date Signed: ///p....,/.0.5— /300192.v 1 9/21/2005 12:41 PM • STATE OF SS COUNTY OF btkectqe.. ) I, I i ncO ivtnox ,a No ary,P blic in and for said County, in the State afo esaid; hereby certify that 1/1 n a.P personally known to me as the 11(2 ffesictekt of PINGREE LLC, a wog limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument,appeared before me this day in person and acknowledged that he/she signed and delivered the same instrument as his/her free and voluntary act for the uses and purposes therein set forth. • , GIVEN under my head and seal this 31-411 •ay of VovJer , 2005. i/1Y / / /, • Notary Public My Commission Expires: ��0q Official Seal Linda Mendrala STA I'J✓ OF Notary Public State of Illinois ����r� ) My Commission Expires 12/03107 ) SS • 'e COUNTY OF ,( � ) I, 1�����,,, , a Notar Public in and for said County,in the State aforesaid, do hereby certify that ar/r'f g,e personally known to me as the ; ' of WENNLUND FARM LLC, a limited lia llity company,and personally known to me to be,the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she signed and delivered the same instrument as his/her free and voluntary act for the uses and purposes therein set forth. GIVEN under my head and seal this / / day of , 2005. N• ary Public • My Commission Expires: � OFFICIAL SEAL LISA IC SMITH NOTARY PUBLIC STATE OF ILLINOIS MY COMMISSION EXP.MAR.23,2oob 1300192.v 1 9/21/2005 12:41 PM STA1h OF rtt1/n/o/S ) ) SS COUNTY OF CDD T, EG/2AOera e L.asr a Notary Public in and for said County, in the State aforesaid, do hereby certify that M/CRAF L Sr;vie z/ / personally known to me as the FkFsioe"/r of PII REAL ESTATE LLC, a limited liability company, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she signed and delivered the same instrument as his/her free and voluntary act for the uses and • purposes therein set forth. GIVEN under my head and seal this a a •= Nov , 2005. "OFFICIAL SEAL" wsb ELIZABETH R. LASCARI Notary Public MyCommission Notary Pu.•••• Sate+ nois ommsson x litgem sly : ii.. 11' STATE OF / l i n t s ) SS COUNTY OF LCD I ) I, �utraiina McKinley a Nota Public in and for said County, in the State aforesaid, do hereby certify that i e v tl CJj personally known to me as the Thor OM.? of CHICAGO TITLE LAND i"KUST COMPANY, as successor trustee to LaSalle Bank National Association, not personally, but as Trustee under trust agreement dated September I, 2004 and known as Trust No. 132504, and personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that he/she signed and delivered the same instrument as his/her free and voluntary act for the uses and purposes therein set forth. GIVEN under my head and seal this pp9r) d day ofA/d&rjeA2005. YitivY\ 971 (/NotarY Public My Commission Expires: 1 d—/ �-0 I -o0(OO ��► "OFFICIAL SEAL"' SURRAJINA MCKINLEY • NOTARY PUBLIC STATE OF ILLINOIS M Commission Ex.f res 12/20/2006 /300192.v 1 9/21/2005 12:41 PM SCHEDULE OF EXHIBITS Exhibit "A" The Property Exhibit "B" Easement Exhibit "C" Insurance Requirements, • • /300192.v 1 9/21/2005 12:41 PM THAT PART OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF PARCEL 11 OF SHADOW HILL UNIT 3 SUBDIVISION; THENCE NORTH 00 DEGREES 00 MINUTES 10 SECONDS EAST, 873.00 ALONG AN EAST BOUNDARY LINE OF SAID SUBDIVISION TO A SOUTH BOUNDARY LINE THEREOF; THENCE SOUTH 89 DEGREES 59 MINUTES 50 SECONDS EAST, 386.62 FEET ALONG SAID SOUTH BOUNDARY LINE; THENCE EASTERLY, 15.72 FEET ALONG SAID SOUTH BOUNDARY LINE TANGENT TO THE LAST DESCRIBED COURSE, BEING ALONG A CURVE CONCAVE TO THE SOUTH, HAVING A RADIUS OF 583.00 FEET, THE CHORD OF SAID CURVE BEARING SOUTH 89 DEGREES 1.3 MINUTES 29 SECONDS EAST TO A EAST BOUNDARY LINE OF SHADOW HILL UNIT 3 SUBDIVISION; THENCE NORTH 40 DEGREES 32 MINUTES 50 SECONDS EAST, 2117.73 FEET ALONG THE SAID EAST BOUNDARY LINE AND ALONG THE EAST LINE OF REMINGTON AT PROVIDENCE SUBDIVISION TO THE SOUTH LINE OF PARCEL 1 OF GLENN CHRIST AND KATHRYN CHRIST TRACT AS PER PLAT OF SURVEY PREPARED BY C.B.B. ENGINEERING, DAIhD JANUARY 30, 2003 (SAID SOUTH LINE ALSO KNOWN AS THE SOUTH LINE COPPER SPRINGS SUBDIVISION PHASE 1); THENCE SOUTH 48 DEGREES 39 MINUTES 04 SECONDS EAST, 798.19 FEET ALONG THE SOUTH LINE OF SAID PARCEL 1 TO THE WEST LINE OF PARCEL 2 AS SET FORTH ON SAID PLAT OF SURVEY (SAID WEST LINE ALSO KNOWN AS THE WEST LINE OF COPPER SPRINGS SUBDIVISION PHASE 2) ; THENCE SOUTH 35 DEGREES 28 MINUTES 07 SECONDS WEST, 2400.07 FEET ALONG SAID WESTERLY LINE TO THE NORTH LINE OF SOUTH STREET AS DEDICATED IN SHADOW HILL UNIT 1A SUBDIVISION; THENCE NORTH 89 DEGREES 59 MINUTES 50 SECONDS WEST, 985.60 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING, IN DANE COUNTY, ILLINOIS, EXCEPT THAT PART OF SECTION 19, TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN AND PART OF SECTION 24, TOWNSHIP 41 NORTH, RANGE 7 EAST OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF PARCEL 6 IN SHADOW HILL UNIT 1A; THENCE NORTH 00 DEGREES 00 MINUTES 10 SECONDS EAST, 80.00 FEET TO THE POINT OF BEGINNING ON THE NORTH LINE OF SOUTH STREET AS DEDICATED IN SAID SHADOW HILL UNIT 1A; THENCE NORTH 00 DEGREES 00 MINUTES 10 SECONDS EAST, 873.00 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 50 SECONDS EAST, 100.00 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 10 SECONDS WEST, 873.00 FEET TO THE NORTH LINE OF SAID SOUTH STREET; THENCE NORTH 89 DEGREES 59 MINUTES 50 SECONDS WEST, 100.00 FEET ALONG SAID NORTH LINE TO THE POINT OF BEGINNING, IN KANE COUNTY, ILLINOIS. C:\DOCUME-1\J1NEND-1\LOCALS-1\Temp\notesC9812B\SUBDIVISION LEGAL.doc �� ofE4c, City of Elgin Memorandum or RATE13 r Date: March 1, 2006 To: Loni Mecum, City Clerk From: William A. Cogley, Corporation Counsel Subject: Public Improvements Construction Agreement for the Otter Creek Interceptor Sewer Phases 4A and 4B and the Otter Creek Interceptor Sewer and Water Main Phases 5A and 5B Attached for the city clerk's files is an original executed copy of the above-referenced agreement dated February 22, 2006. —/eAete4,79/ WAC mg Attachment