13-51 Resolution No. 13-51
RESOLUTION
AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT
WITH FOREST PRESERVE DISTRICT OF KANE COUNTY FOR THE DONATION OF
APPROXIMATELY 81.89 VACANT ACRES OWNED BY THE CITY LOCATED SOUTH
OF THE CHICAGO AND NORTHWESTERN RAILROAD TRACKS
AND WEST OF RANDALL ROAD
(Tyler Creek Wetland)
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS,that
David J. Kaptain, Mayor, and Kimberly A. Dewis, City Clerk, be and are hereby authorized and
directed to execute an Intergovernmental Agreement with Forest Preserve District of Kane County
on behalf of the City of Elgin for the donation of approximately 81.89 vacant acres owned by the city
located south of the Chicago and Northwestern Railroad tracks and west of Randall Road (Tyler
Creek Wetland), a copy of which is attached hereto and made a part hereof by reference.
BE IT FURTHER RESOLVED that David J. Kaptain,Mayor,and Kimberly A. Dewis,City
Clerk,are hereby authorized and directed to execute all documents necessary in conjunction with the
subject Intergovernmental Agreement.
s/David J. Kaptain
David J. Kaptain, Mayor
Presented: March 20, 2013
Adopted: March 20, 2013
Omnibus Vote: Yeas: 7 Nays: 0
Attest:
s/ Kimberly Dewis
Kimberly Dewis, City Clerk
INTERGOVERNMENTAL AGREEMENT
THIS INTERGOVERNMENTAL AGREEMENT (this "Agreement") is made and .
entered into as of the 20th day of March , 2013, by and between the CITY OF
ELGIN, an Illinois municipal corporation (hereinafter referred to as the "City") and the
FOREST PRESERVE DISTRICT OF KANE COUNTY, an Illinois forest preserve district
(hereinafter referred to as the "District").
WITNESSETH:
WHEREAS, Article 7, Section 10 of the constitution of the State of Illinois, 1970,
authorize units of local government, including municipalities and forest preserve
districts, to enter into contracts to exercise, combine or transfer powers or functions not
prohibited to them by law or ordinance; and
WHEREAS, the Intergovern mental Cooperation Act (5 ILCS 220/1 et seq.)
authorizes units of local government of Illinois to exercise jointly with any other public
agency within the State, including other units of local government, any power, privilege,
or authority which may be exercised by a unit of local government individually and to
enter into contracts for the performance of governmental services, activities and
undertakings; and
WHEREAS, the City is a home rule unit which may exercise any power, perform
any function relating to its government and affairs; and
WHEREAS, the City has previously acquired the property consisting of 81.89
gross acres (more or less) located south of the Chicago and Northwestern Rail Road
tracks and west of Randall Road, such property being legally described on Exhibit "A"
attached hereto and incorporated herein by this reference (hereinafter referred to as the
"Subject Property") and is the fee simple owner of the Subject Property; and
WHEREAS, the City desires to donate the Subject Property to the District and
the District desires to receive the Subject Property from the City to hold and use the
Subject Property as a public forest preserve; and
WHEREAS, in exchange for donating the Subject Property to the District, the
City desires to retain an easement in gross for its use for public utility purposes across,
upon and over the Subject Property; and
WHEREAS, the various undertakings by the District in this Agreement relate to
the government and affairs of the District; and
WHEREAS, the various undertakings by the City in this Agreement relate to the
government and affairs of the City.
NOW, THEREFORE, for and consideration of the mutual promises and
undertakings 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 foregoing recitals to this Agreement are
substantive and are hereby incorporated into the Agreement as though fully set forth
herein.
2. Agreement to Donate. The City agrees donate and convey the Subject
Property to the District and the District agrees to accept the Subject Property
conveyance from the City. The City shall provide the District with a Quit Claim Deed to
transfer title of the Subject Property.
3. City to Reserve Easement, The City and District agree that in exchange
for the donation of the Subject Property to the District, the City shall retain an easement
in gross for its use for public utility purposes across, upon and under the Subject
Property. The City shall notify the District in writing thirty (30) days prior to its intent to
install utilities pursuant to this easement. The parties shall cooperate in the exercise of
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the easement, with the City making every reasonable effort to minimize the impact on
the use of the Subject Property with respect to the installation of public utilities on the
Subject Property. In addition, the City agrees to restore any surface damage to the
Subject Property after completion of any public utility installation, maintenance, repair or
replacement work to original or equal condition prior to such public utility work.
4. Other Easements. The District agrees that it will reasonably review
requests from the City for easements on other District properties within the City's
planning area to reasonably consider granting easements for utilities on perimeter
areas of such properties, subject to the District's criteria for same, including
consideration of the impact upon the quality of habitat and natural resources in the
subject area.
5. Real Estate Taxes. The City states that the Subject property is either
taxed at a zero (-0-) tax rate or has been exempted from real estate taxes and that no
real estate taxes are due or owing. The District, upon receipt of the Subject Property
will prepare a real estate tax exemption petition.
6. Notices. All notices herein required- shall be in writing and shall be
served on the parties at the following addresses:
City: City of Elgin, Attention: City Manager 150 Dexter Court,
Elgin, IL 60120-5555
With a copy to: William A. Cogley Corporation Counsel City of Elgin,
150 Dexter Court Elgin, IL 60120-5555
District: Forest Preserve District of Kane County Attention: President
1996 North Kirk Road Geneva, IL 60134
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With a copy to: Gerald K. Hodge, Esq. Kinnally, Flaherty, Krentz & Loran,
P.C. 2114 Deerpath Road Aurora, IL 60506
The mailing of a notice by registered or certified mail, return receipt requested, or
personal delivery by courier service shall be sufficient service. Notices may also be
served on the attorneys for the parties by use of a facsimile machine with proof of
transmission and a copy of the notice with proof of transmission being sent by regular
mail on the date of transmission.
7. Interpretation. This Agreement shall be construed, and the rights and
obligations of City and District hereunder, shall be determined in accordance with the
laws of the State of Illinois without reference to its conflict of laws rules.
8. Failure to Enforce Provisions. The failure by a party to enforce any
provision of this Agreement against the other party shall not be deemed a waiver of the
right to do so thereafter.
9. Amendments. This Agreement may be modified or amended only in
writing signed by the parties hereto, or their permitted successor or assigns, as the
case may be.
10. Entire Agreement. This Agreement contains the entire agreement and
understanding of the parties herein, all prior agreements and undertakings having been
merged herein and extinguished hereby.
11. Joint and Collective Work Product. This Agreement is and shall be
deemed and construed to be a joint and collective work product of the District and the
City, and, as such, this Agreement shall not be construed against the other party, as the
otherwise purported drafter of same, by any court of competent jurisdiction in order to
resolve any inconsistency, ambiguity, vagueness or conflict, if any, and the terms or
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provisions contained herein.
12. Assignment. This Agreement shall be binding on the parties hereto and
their respective successors and permitted assigns. This Agreement and the obligations
hereunder may not be assigned without the express written consent of each of the
parties hereto.
13. Effective Date. The effective date of this Agreement shall be the date on
which this Agreement is approved by the respective legislative bodies of the City and
the District.
IN WITNESS WHEREOF, the parties have set their hands and seals the day and year
first written above and the signatories hereto represent that they are duly authorized to
execute the Agreement on behalf of their respective bodies.
CITY OF ELGIN, an Illinois FOREST PRESERVE DISTRICT OF
Municipal corporation, KANE ILLINOIS
By-,,, By:
David Kaptain, Mayor Joh�ioscheit, President
ATTEST: ATTEST:
t- 1
City Clerk Secretary/Treasurer
F kUgal DeptWereement\lntergovemmental Agreement-Tyler Creek-KCH-2-27-11docx
5
EXHIBIT A
PARCEL ONE:
THAT PART OF SECTIONS 4,5,8 AND 9,TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF SECTION 8,TOWNSHIP AND RANGE AFORESAID;THENCE
NORTH 89 DEGREES 54 MINUTES WEST,ALONG THE SOUTH LINE OF SAID SECTION
8,A DISTANCE OF 1065.24 FEET;THENCE NORTH,A DISTANCE OF 875.82 FEET TO THE
NORTHEASTERLY CORNER OF LOT 14 IN BLOCK 3 OF THIRD ADDITION TO ALMORA
HEIGHTS, THENCE NORTH 74 DEGREES 06 MINUTES WEST, A DISTANCE OF 2114.2
FEET;THENCE NORTH 13 DEGREES 22 MINUTES EAST,A DISTANCE OF 2443.7 FEET TO
THE CENTER LINE OF HIGHLAND AVENUE ROAD;THENCE SOUTHEASTERLY,ALONG
SAID CENTER LINE, A DISTANCE OF 72.0 FEET; THENCE NORTH 01 DEGREES 33
MINUTES EAST,TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5,
TOWNSHIP AND RANGE AFORESAID(THIS POINT HEREINAFTER REFERRED TO AS
POINT "A"); THENCE EASTERLY, ALONG THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 5,TO A POINT ON SAID SOUTH LINE THAT 1S 1087.02 FEET
EASTERLY OF(MEASURED ALONG SAID SOUTH LINE)THE SOUTHWEST CORNER OF
THE SOUTHEAST QUARTER OF SAID SECTION 5,THENCE NORTHEASTERLY,ALONG
A LINE WHICH FORMS AN ANGLE OF 37 DEGREES 26 MINUTES 54 SECONDS TO THE
LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE,A DISTANCE OF
202.30 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT "B"; THENCE
SOUTHEASTERLY, ALONG A LINE WHICH FORMS AN ANGLE OF 66 DEGREES 39
MINUTES 45 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE (THIS COURSE HEREINAFTER REFERRED TO AS LINE "A") A
DISTANCE OF 320.28 FEET TO A POINT ON A LINE THAT BEARS SOUTH 00 DEGREES
03 MINUTES 40 SECONDS EAST FROM A POINT ON THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SECTION 5, AS AFORESAID, THAT IS 1357.62 FEET
EASTERLY OF, (MEASURED ALONG SAID SOUTH LINE)POINT"A", AS AFORESAID;
THENCE SOUTHEASTERLY,"ALONG A CONTINUATION OF THE LAST DESCRIBED
COURSE, A DISTANCE OF 143.96 FEET FOR THE PLACE OF BEGINNING; THENCE
SOUTHEASTERLY, ALONG A LINE WHICH FORMS AN ANGLE OF 02 DEGREES 22
MINUTES 33 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE,A DISTANCE OF 588.89 FEET;THENCE NORTHEASTERLY,ALONG
A LINE WHICH FORMS AN ANGLE OF 101 DEGREES 50 MINUTES 18 SECONDS TO THE
LEFT WITH THE PROLONGATION TO THE LAST DESCRIBED COURSE,A DISTANCE OF
309.98 FEET;THENCE NORTHEASTERLY ALONG A LINE WHICH FORMS AN ANGLE OF
37 DEGREES 35 MINUTES 04 SECONDS TO THE RIGHT WITH THE PROLONGATION OF
THE LAST DESCRIBED COURSE, A DISTANCE OF 180.0 FEET; THENCE
SOUTHEASTERLY,A DISTANCE OF 400.0 FEET TO THE NORTHWEST CORNER OF LOT
2 IN OAK CREEK,BEING A SUBDMSION OF PART OF THE NORTHEAST QUARTER OF
SECTION 8 AND PART OF THE NORTHWEST QUARTER OF SECTION 9,TOWNSHIP AND
Page 1 of 6
RANGE AFORESAID;THENCE EASTERLY ALONG THE NORTH LINE OF LOTS 2 AND 1
IN SAID OAK CREEK,A DISTANCE OF 490.97 FEET TO THE NORTHEAST CORNER OF
SAID LOT 1; THENCE SOUTHEASTERLY ALONG A LINE THAT IF EXTENDED
SOUTHEASTERLY, WOULD INTERSECT THE WESTERLY RIGHT OF WAY LINE OF
RANDALL ROAD AT A POINT OF 352.95 FEET NORTHEASTERLY OF (MEASURED
ALONG SAID WESTERLY RIGHT OF WAY LINE)THE NORTHERLY LINE OF FLETCHER
DRIVE, AS PLATTED IN SAID OAK CREEK A DISTANCE OF 310.15 FEET TO THE
WESTERLY LINE OF A PARCEL OF LAND CONVEYED TO THE COUNTY OF KANE BY
QUITCLAIM DEED RECORDED APRIL 3, 1978 AS DOCUMENT NO. 1450703; THENCE
NORTHEASTERLY,ALONG SAID WESTERLY LINE AND ALONG SAID WESTERLY LINE,
EXTENDED,A DISTANCE OF 905.01 FEET TO THE SOUTHERLY RIGHT OF WAY LINE OF
THE CHICAGO AND NORTHWESTERN TRANSPORTATION COMPANY; THENCE
NORTHWESTERLY,ALONG SAID SOUTHERLY RIGHT OF WAY LINE,A DISTANCE OF
2415.77 FEET TO THE WEST LINE OF THE EAST HALF OF THE SOUTHEAST QUARTER
OF SECTION 5, TOWNSHIP AND RANGE AFORESAID; THENCE SOUTHERLY, ALONG
SAID WEST LINE, A DISTANCE OF 528.70 FEET TO A POINT ON A LINE THAT IS
PERPENDICULAR TO LINE"A",AS AFORESAID,AT AFORESAID POINT "B";THENCE
NORTHEASTERLY,ALONG SAID PERPENDICULAR LINE,A DISTANCE OF 227.0 FEET;
THENCE SOUTHEASTERLY,AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE,A
DISTANCE OF 464.24 FEET; THENCE SOUTHWESTERLY,AT RIGHT ANGLES TO THE
LAST DESCRIBED COURSE,A DISTANCE OF 400.0 FEET TO THE PLACE OF BEGINNING,
BEING SITUATED IN ELGIN TOWNSHIP,KANE COUNTY,ILLINOIS AND CONTAINING
41.808 ACRES MORE OR LESS.
PARCEL TWO:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5, AND PART OF THE
NORTHEAST QUARTER OF SECTION 8,TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER;THENCE EASTERLY ALONG
THE SOUTH LINE OF SAID SOUTHEAST QUARTER, A DISTANCE OF 1087.02 FEET;
THENCE NORTHEASTERLY,ALONG A LINE WHICH FORMS AN ANGLE OF 37 DEGREES
26 MINUTES 54 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE, A DISTANCE OF 202.30 FEET FOR THE PLACE OF BEGINNING;
THENCE SOUTHEASTERLY,ALONG A LINE WHICH FORMS AN ANGLE OF 66 DEGREES
39 MINUTES 45 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE, A DISTANCE OF 464.24 FEET; THENCE NORTHEASTERLY AT
RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 400.0 FEET;
THENCE NORTHWESTERLY, AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE,
A DISTANCE OF 464.24 FEET;THENCE SOUTHWESTERLY,AT RIGHT ANGLES TO THE
LAST DESCRIBED COURSE,A DISTANCE OF 400.0 FEET TO THE PLACE OF BEGINNING.
BEING SITUATED IN ELGIN TOWNSHIP,KANE COUNTY,ILLINOIS AND CONTAINING
4.263 ACRES MORE OR LESS.
Page 2 of 6
PARCEL THREE:
THAT PART OF THE SOUTHEAST QUARTER OF SECTION 5 AND THAT PART OF THE
NORTHEAST QUARTER OF SECTION 8,TOWNSHIP 41 NORTH,RANGE 8 EAST OF THE
THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE
SOUTHEAST CORNER OF SECTION 8,TOWNSHIP AND RANGE AFORESAID;THENCE
NORTH 89 DEGREES 54 MINUTES WEST,ALONG THE SOUTH LINE OF SAID SECTION
8,A DISTANCE OF 1065.24 FEET;THENCE NORTH,A DISTANCE OF 875.82 FEET TO THE
NORTHEASTERLY CORNER OF LOT 14 IN BLOCK 3 OF THIRD ADDITION TO ALMORA
HEIGHTS; THENCE NORTH 74 DEGREES 06 MINUTES WEST, A DISTANCE OF 2114.2
FEET;THENCE NORTH 13 DEGREES 22 MINUTES EAST,A DISTANCE OF 2443.7 FEET TO
THE CENTER LINE OF HIGHLAND AVENUE ROAD;THENCE SOUTHEASTERLY,ALONG
SAID CENTER LINE, A DISTANCE OF 72.0 FEET; THENCE NORTH 01 DEGREE 33
MINUTES EAST,TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SECTION 5,
TOWNSHIP AND RANGE AFORESAID (THIS POINT HEREINAFTER REFERRED TO AS
POINT "A'); THENCE EASTERLY, ALONG THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SAID SECTION 5,TO A POINT ON SAID SOUTH LINE THAT IS 1087.02 FEET
EASTERLY OF(MEASURED ALONG SAID SOUTH LINE)THE SOUTHWEST CORNER OF
THE SOUTHEAST QUARTER OF SAID SECTION 5;THENCE NORTHEASTERLY,ALONG
A LINE WHICH FORMS AN ANGLE OF 37 DEGREES 26 MINUTES 54 SECONDS TO THE
LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE,A DISTANCE OF
202.30 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT"B",FOR THE PLACE
OF BEGINNING;THENCE SOUTHEASTERLY,ALONG A LINE WHICH FORMS AN ANGLE
OF 66 DEGREES 39 MINUTES 45 SECONDS TO THE RIGHT WITH THE PROLONGATION
OF THE LAST DESCRIBED COURSE,(THIS COURSE HEREINAFTER REFERRED TO AS
LINE"A')A DISTANCE OF 320.28 FEET TO A POINT ON A LINE THAT BEARS SOUTH 00
DEGREES 03 MINUTES 40 SECONDS EAST FROM A POINT ON THE SOUTH LINE OF THE
SOUTHEAST QUARTER OF SECTION 5, AS AFORESAID, THAT IS 1357.62 FEET
EASTERLY OF, (MEASURED ALONG SAID SOUTH LINE) POINT"A", AS AFORESAID;
THENCE SOUTH 00 DEGREES 03 MINUTES 40 SECONDS EAST,A DISTANCE OF 336.69
FEET;THENCE NORTHWESTERLY,ALONG A LINE WHICH FORMS AN ANGLE OF 130
DEGREES 12 MINUTES 25 SECONDS TO THE RIGHT WITH THE PROLONGATION OF THE
LAST DESCRIBED COURSE,A DISTANCE OF 410.0 FEET;THENCE NORTHEASTERLY,
AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE, A DISTANCE OF 50.0 FEET;
THENCE NORTHWESTERLY,AT RIGHT ANGLES TO THE LAST DESCRIBED COURSE,
A DISTANCE OF 200.0 FEET;THENCE NORTHEASTERLY,ALONG A LINE WHICH FORMS
AN ANGLE OF 68 DEGREES 00 MINUTES TO THE RIGHT WITH THE PROLONGATION OF
THE LAST DESCRIBED COURSE, A DISTANCE OF 360.0 FEET; THENCE WESTERLY,
ALONG A LINE WHICH FORMS AN ANGLE OF 97 DEGREES 00 MINUTES 00 SECONDS
TO THE LEFT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE, A
DISTANCE OF 310.0 FEET;THENCE SOUTHWESTERLY,ALONG A LINE THAT FORMS
AN ANGLE OF 67 DEGREES 00 MINUTES 00 SECONDS TO THE LEFT WITH THE
PROLONGATION OF THE LAST DESCRIBED COURSE, A DISTANCE OF 310.0 FEET;
Page 3 of 6
THENCE SOUTHERLY, PERPENDICULAR TO THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SECTION 5,AS AFORESAID(THIS COURSE HEREINAFTER REFERRED TO
AS LINE"B')A DISTANCE OF 204.33 FEET TO THE SOUTH LINE OF SAID SOUTHEAST
QUARTER; THENCE WESTERLY, ALONG SAID SOUTH LINE, A DISTANCE OF 557.27
FEET TO POINT"A",AS AFORESAID;THENCE NORTH 01 DEGREE 33 MINUTES EAST,
TO THE SOUTHERLY RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN
TRANSPORTATION COMPANY;THENCE SOUTHEASTERLY,ALONG SAID SOUTHERLY
RIGHT OF WAY LINE,BEING ALONG A CURVE TO THE LEFT,A DISTANCE OF 567.07
FEET; THENCE SOUTH 81 DEGREES 20 MINUTES 40 SECONDS EAST, ALONG SAID
SOUTHERLY RIGHT OF WAY LINE,A DISTANCE OF 600.0 FEET TO THE WEST LINE OF
THE EAST HALF OF THE SOUTHEAST QUARTER OF SAID SECTION 5;THENCE SOUTH
01 DEGREE 03 MINUTES 20 SECONDS WEST,ALONG SAID WEST LINE,A DISTANCE OF
528.70 FEET TO A POINT ON A LINE THAT IS PERPENDICULAR TO LINE "A", AS
AFORESAID, AT AFORESAID POINT "B'; THENCE SOUTHWESTERLY, ALONG SAID
PERPENDICULAR LINE, A DISTANCE OF 173.0 FEET TO THE PLACE OF BEGINNING.
EXCEPTING THEREFROM THE WESTERLY 66.0 FEET (AS MEASURED AT RIGHT
ANGLES TO THE WEST LINE THEREOF). BEING SITUATED IN ELGIN TOWNSHIP,KANE
COUNTY,ILLINOIS,CONTAINING 19.998 ACRES MORE OR LESS.
PARCEL FOUR:
THAT PART OF THE SOUTH HALF OF SECTION 5,TOWNSHIP 41 NORTH,RANGE 8 EAST
OF THE THIRD PRINCIPAL MERIDIAN,DESCRIBED AS FOLLOWS:COMMENCING AT
THE SOUTHEAST CORNER OF SECTION 8, TOWNSHIP AND RANGE AFORESAID;
THENCE NORTH 89 DEGREES 54 MINUTES WEST,ALONG THE SOUTH LINE OF SAID
SECTION 8,A DISTANCE OF 1065.24 FEET;THENCE NORTH A DISTANCE OF 875.82 FEET
TO THE NORTHEASTERLY CORNER OF LOT 14 IN BLOCK 3 OF THIRD ADDITION TO
ALMORA HEIGHTS;THENCE NORTH 74 DEGREES 06 MINUTES WEST,A DISTANCE OF
2114.2 FEET;THENCE NORTH 13 DEGREES 22 MINUTES EAST,A DISTANCE OF 2443.7
FEET TO THE CENTER LINE OF HIGHLAND AVENUE ROAD; THENCE
SOUTHEASTERLY, ALONG SAID CENTER LINE, A DISTANCE OF 72.0 FEET; THENCE
NORTH 01 DEGREE 33 MINUTES EAST, TO THE SOUTH LINE OF THE SOUTHEAST
QUARTER OF SECTION 5, TOWNSHIP AND RANGE AFORESAID FOR THE PLACE OF
BEGINNING;(THIS POINT HEREINAFTER REFERRED TO AS POINT"A")SAID POINT"A"
BEING ALSO A POINT ON A LINE THAT IS 165.0 FEET EASTERLY OF(MEASURED AT
RIGHT ANGLES THERETO)AND PARALLEL WITH THE WEST LINE OF THE SOUTHEAST
QUARTER OF SECTION 5, TOWNSHIP AND RANGE AFORESAID; THENCE NORTH 01
DEGREES 33 MINUTES EAST, ALONG WITH PARALLEL LINE, TO THE SOUTHERLY
RIGHT OF WAY LINE OF THE CHICAGO AND NORTHWESTERN TRANSPORTATION
COMPANY; THENCE NORTHWESTERLY, ALONG SAID SOUTHERLY RIGHT OF WAY
LINE, HAVING A RADIUS OF 2565.54 FEET, A DISTANCE OF 510.93 FEET; THENCE
SOUTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 1855.0 FEET,
A DISTANCE OF 503.13 FEET TO A POINT 70.17 FEET SOUTHEASTERLY OF THE CENTER
Page 4 of 6
LINE OF THE WEST BOUND TRACK OF THE CHICAGO, MILWAUKEE, ST. PAUL AND
PACIFIC RAILWAY (SAID 70.17 FEET BEING MEASURED ALONG A RADIAL LINE OF
SAID CENTER LINE); THENCE SOUTHWESTERLY ALONG A CURVE TO THE LEFT
HAVING A RADIUS OF 3820.0 FEET, A DISTANCE OF 235.0 FEET; THENCE SOUTH 04
DEGREES 36 MINUTES 00 SECONDS EAST, A DISTANCE OF 228.24 FEET; THENCE
SOUTHEASTERLY, ALONG A LINE WHICH FORMS AN ANGLE OF 58 DEGREES 23
MINUTES 53 SECONDS TO THE LEFT WITH THE PROLONGATION OF THE LAST
DESCRIBED COURSE A DISTANCE OF 320.0 FEET;THENCE SOUTHEASTERLY,ALONG
A LINE WHICH FORMS AN ANGLE OF 17 DEGREES 51 MINUTES 44 SECONDS TO THE
RIGHT WITH THE PROLONGATION OF THE LAST DESCRIBED COURSE,A DISTANCE
OF 635.67 FEET TO THE SOUTH LINE, EXTENDED WESTERLY OF THE SOUTHEAST
QUARTER OF SECTION 5 AS AFORESAID; THENCE EASTERLY ALONG SAID SOUTH
LINE EXTENDED WESTERLY, AND ALONG SAID SOUTH LINE A DISTANCE OF 300.0
FEET TO THE PLACE OF BEGINNING. BEING SITUATED IN ELGIN TOWNSHIP,KANE
COUNTY,ILLINOIS AND CONTAINING 20.216 ACRES MORE OR LESS.
PARCEL FIVE:
THAT PART OF THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 5,
TOWNSHIP 41 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS:COMMENCING AT THE NORTHEAST CORNER OF SECTION
8 TOWNSHIP AND RANGE AFORESAID;THENCE NORTH 89 DEGREES 41 MINUTES 46
SECONDS WEST, ALONG THE NORTH LINE OF SAID SECTION 8, A DISTANCE OF
1134.97 FEET(RECORD BEING 1139.38 FEET);THENCE SOUTH 00 DEGREES 02 MINUTES
50 SECONDS WEST, ALONG A LINE THAT IF EXTENDED SOUTHERLY WOULD
INTERSECT THE SOUTH LINE OF SAID SECTION 8 AT A POINT THAT IS 1067.26 FEET
(RECORD BEING 1065.24 FEET) WESTERLY OF,AS MEASURED ALONG SAID SOUTH
LINE, THE SOUTHEAST CORNER OF SAID SECTION 8 (THIS LINE HEREINAFTER
REFERRED TO AS"LINE A"),A DISTANCE OF 33.31 FEET;THENCE CONTINUING SOUTH
00 DEGREES 02 MINUTES 50 SECONDS WEST,ALONG SAID"LINE A",A DISTANCE OF
336.69 FEET; THENCE NORTH 49 DEGREES 44 MINUTES 45 SECONDS WEST, A
DISTANCE OF 410.00 FEET; THENCE NORTH 40 DEGREES 15 MINUTES 15 SECONDS
EAST, A DISTANCE OF 50.00 FEET; THENCE NORTH 49 DEGREES 44 MINUTES 45
SECONDS WEST,A DISTANCE OF 200.00 FEET FOR THE POINT OF BEGINNING;THENCE
NORTH 18 DEGREES 15 MINUTES 15 SECONDS EAST, A DISTANCE OF 360.00 FEET;
THENCE NORTH 78 DEGREES 44 MINUTES 45 SECONDS WEST,A DISTANCE OF 310.00
FEET;THENCE SOUTH 34 DEGREES 15 MINUTES 15 SECONDS WEST,A DISTANCE OF
310.00 FEET; THENCE SOUTH 00 DEGREES 18 MINUTES 14 SECONDS WEST, A
DISTANCE OF 204.24 FEET TO THE SOUTH LINE OF THE SOUTHEAST QUARTER OF
SAID SECTION 5, ALSO BEING THE NORTH LINE OF HIGHLAND GLEN SUBDIVISION
UNIT NO.2,BEING A SUBDIVISION OF PART OF THE NORTHEAST QUARTER OF SAID
SECTION 8, TOWNSHIP AND RANGE AFORESAID; THENCE SOUTH 89 DEGREES 41
MINUTES 46 SECONDS EAST, ALONG SAID SOUTH LINE OF THE SOUTHEAST
Page 5 of 6
QUARTER,AND ALONG THE NORTH LINE OF SAID HIGHLAND GLEN SUBDIVISION
UNIT NO.2,A DISTANCE OF 360.40 FEET TO A POINT THAT IS 440.00 FEET WESTERLY
OF AFORESAID"LINE A",AS MEASURED ALONG THE SOUTH LINE OF SAID SECTION
5, SAID POINT ALSO BEING THE NORTHEAST CORNER OF SAID HIGHLAND GLEN
SUBDIVISION UNIT NO. 2; THENCE NORTH 06 DEGREES 08 MINUTES 26 SECONDS
EAST,A DISTANCE OF 60.34 FEET TO THE POINT OF BEGINNING. SITUATED IN THE
CITY OF ELGIN,KANE COUNTY, ILLINOIS AND CONTAINING 3.15 ACRES MORE OR
LESS.
PINS: 06-04-300-017
06-05-300-006
06-05-300-008
06-05-300-010
06-05-400-004
06-05-400-014
06-05-400-020
06-05-400-021
06-09-100-011
Commonly known as 81.89 Vacant acres,Tyler Creek Wetland, south of the CNW Tracks,Elgin,
Illinois
Page 6 of 6
I