S5-05 Ordinance No. S5-05
AN ORDINANCE
AMENDING ORDINANCE NO. S38-04
ANNEXING CERTAIN TERRITORY TO THE CITY OF ELGIN
(HPI--L.L.C., East Assemblage—3750 and 3751 West Highland Avenue)
WHEREAS,a written petition signed by all of the owners of record of certain territory and by
at least fifty-one percent(51%)of the electors residing on such territory has been filed with the City
Clerk requesting the annexation of said territory to the City of Elgin, Illinois; and
WHEREAS, said petition includes therein a statement under oath that at least fifty-one
percent (51%) of the electors residing on such territory have joined in the petition; and
WHEREAS, said territory commonly known as 3750 and 3751 West Highland Avenue
(hereinafter the "Subject Property") is not within the corporate limits of any municipality but is
contiguous to the corporate limits of the City of Elgin; and
WHEREAS, legal notices of the intent of the City of Elgin to annex the Subject Property
have been forwarded to all public bodies required to receive said notice in the manner provided by
law; and
WHEREAS, on December 15, 2004, the City Council of the City of Elgin authorized the
execution of an annexation agreement which would provide for the annexation of the Subject
Property(hereinafter the"Subject Annexation Agreement"); and
WHEREAS,on December 15,2004,the City Council of the City of Elgin adopted Ordinance
No. S38-04 which upon becoming finalized and effective which would provide for the annexation of
the Subject Property into the City of Elgin; and
WHEREAS, the Subject Annexation Agreement provides in part that by agreement of the
parties the Subject Property may be annexed into the City of Elgin in phases; and
WHEREAS,the City of Elgin and the owners of the Subject Property have determined that it
is in their best interests to provide for the annexation of the Subject Property in phases; and
WHEREAS,the annexation of the Subject Property is not yet effective and the City Council
of the City of Elgin has determined it is necessary and desirable to amend Ordinance No. S38-04 in
its entirety and to supersede and replace such ordinance with the provisions of this ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ELGIN, ILLINOIS:
Section 1. That Ordinance No. S38-04,previously adopted by the City Council of the City
of Elgin on December 15, 2004, is amended in its entirety to read as follows:
Section 1. That the territory and lands described as follows be and are hereby
annexed to and made a part of the City of Elgin and the boundaries of the City of
Elgin be and are hereby enlarged and extended to include in the corporate boundaries
of the City of Elgin the following described territory:
TRACT A:
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 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 NORTH ALONG SAID EAST LINE 90.82 FEET TO THE POINT OF
BEGINNING);IN THE TOWNSHIP OF RUTLAND,KANE COUNTY,ILLINOIS.
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 LINE 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 THAT PART THEREOF DESCRIBED AS FOLLOWS:
COMMENCING 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 349.36 FEET FOR A PLACE OF BEGINNING; THENCE
CONTINUING NORTH 23 DEGREES 45 MINUTES 11 SECONDS EAST
�"► ALONG SAID CENTERLINE 1114.81 FEET TO THE SOUTH LINE OF THE
NORTH 16 ACRES OF THE EAST HALF OF THE SOUTHEAST QUARTER OF
SAID SECTION 35;THENCE NORTH 89 DEGREES 37 MINUTES 01 SECOND
EAST 1060.73 FEET TO THE EAST LINE OF SAID SOUTHEAST QUARTER;
THENCE SOUTH 00 DEGREES 07 MINUTES 53 SECONDS EAST 1214.08
FEET; THENCE SOUTH 89 DEGREES 33 MINUTES 35 SECONDS WEST
1053.77 FEET; THENCE NORTH 67 DEGREES 00 MINUTES 00 SECONDS
WEST 500.81 FEET TO THE PLACE OF BEGINNING; ALSO EXCEPTING
THEREFROM: A PARCEL BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEING AN 82 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 McCORNACK ROAD LYING WESTERLY OF AND
ADJACENT TO THE ABOVE DESCRIBED TRACT B, AND THAT PART OF
HIGHLAND AVENUE LYING SOUTHERLY 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 CENTERLINE 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), (ALSO EXCEPT THAT PART THEREOF LYING NORTHEAST
OF A LINE 400 FEET SOUTHWEST OF AND PARALLEL WITH THE
SOUTHWEST LINE OF BIG TIMBER ROAD) 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 2.75 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:
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
LINE 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), (ALSO EXCEPT THAT PART THEREOF LYING NORTHEAST OF A
LINE 300 FEET SOUTHWEST OF AND PARALLEL WITH THE SOUTHWEST
LINE OF BIG TIMBER ROAD); IN THE TOWNSHIP OF RUTLAND, KANE
COUNTY, ILLINOIS.
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 LINE 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 831, 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 A LINE 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), (ALSO EXCEPT THAT PART
THEREOF LYING NORTHEAST OF A LINE 300 FEET SOUTHWEST OF AND
PARALLEL WITH THE SOUTHWEST 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 4528.
2 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.
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 OF 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 LINE 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 LINE 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.
Section 2. That a certified copy of this ordinance together with an accurate map of said
territories shall be filed with the Recorder of Deeds, Kane County, Illinois.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of this
ordinance be and are hereby repealed.
Section 4. That this ordinance shall be in full force and effect immediately after its passage
in the manner provided by law.
Ed Schock,Mayor
Presented: February 18, 2005
Passed: February 18, 2005
Vote: Yeas: 6 Nays: 0
Recorded: February 21, 2005
Published:
Attest:
S
Dolonna Mecum, City Clerk
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