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T31-08 V , ORDINANCE NO.T31-08 AN ORDINANCE proposing the establishment of Special Service Area Number 19 of the City of Elgin, Kane and Cook Counties, Illinois, and the issuance of bonds in an amount not to exceed $580,000 for the purpose of paying the cost of providing special services in and for such Area. (Randall Point Executive Center and Randall Point Executive Center II) WHEREAS by virtue of its population, the City of Elgin, Kane and Cook Counties, Illinois (the "City"), and pursuant to the provisions of Section 6 of Article VII of the Constitution of the State of Illinois, the City is a home rule unit and may exercise any power or perform any function pertaining to its government and affairs including, but not limited to, the power to tax and to incur debt; and WHEREAS pursuant to the provisions of Section 6 of Article VII of the Constitution of the State of Illinois (the "Constitution"), the City is authorized to create special service areas in and for the City; and WHEREAS special service areas are established by home rule units pursuant to Section 6(1)(2) of Article VII of the Constitution, which provides: The General Assembly may not deny or limit the powers of home rule units ... (2) to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services. and are established as required "in the manner provided by law" pursuant to the provisions of the Special Service Area Tax Law, as amended, and pursuant to the provisions of the Property Tax Code, as amended; and WHEREAS it is in the public interest that the establishment of the area hereinafter described as a special service area for the purposes set forth herein and to be designated as Special Service Area Number 19 of the City (the "Area")be considered; and r WHEREAS the Area is contiguous and consists entirely of territory within the corporate limits of the City and located within The County of Kane, Illinois (the "County"); and WHEREAS no petition objecting to the creation of a special service area for the purpose of providing the hereinafter defined Services in the territory hereinafter described has been filed during the two (2) years preceding the adoption of this Ordinance; and WHEREAS the Area will benefit specially from the municipal services to be provided, namely, intersection and traffic signalization improvements to and for the benefit of the intersection of Randall Road and Point Boulevard, which intersection is the sole access point to and from the Area (the "Services"), all of the Services to be beneficial to the Area and all of the Services to be located on property now owned or to be acquired by the City and/or the County, or property in which the City will obtain an interest sufficient for the provision of the Services, and the Services are unique and in addition to municipal services provided to the City as a whole and it is, therefore, in the best interests of the City that establishment of the Area be considered; and WHEREAS it is hereby estimated that the cost of providing the Services will not be more than $580,000; and WHEREAS it is in the public interest that bonds in an amount not to exceed $580,000 be issued for the purpose of paying the cost of providing the Services (the "Bonds"); and WHEREAS the Bonds shall be retired over a period not to exceed 20 years from the issuance thereof and shall bear interest at an interest rate or rates not exceeding the greater of 9% per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds; and r -2- WHEREAS the Bonds shall be retired by the levy of a direct annual tax sufficient on all property subject to taxation for the Services located within the Area to pay the interest on the Bonds as the same comes due and to discharge the principal thereof at maturity; and WHEREAS said direct annual tax shall be levied upon all taxable property within the Area for the entire period that the Bonds (or bonds to refund Bonds) shall be outstanding and shall be unlimited as to rate or amount and in addition to all other taxes permitted by law: Now, THEREFORE, Be It Ordained by the City Council of the City of Elgin, Kane and Cook Counties, Illinois, in the exercise of its home rule powers as follows: Section 1. Incorporation of Preambles. The preambles of this Ordinance are hereby incorporated into this text as if set out herein in full. Section 2. Hearing. A public hearing shall be held at 7:00 p.m., on the 24th day of September, 2008, at the City Hall, 150 Dexter Court, Elgin, Illinois (the "Hearing"), to consider the establishment of the Area in the territory, and for the purpose of providing the Services, as fully described in the Notice of Public Hearing set forth in Section 4 hereof (the "Notice"), and to consider the issuance of the Bonds described in the Notice. Section 3. Notice. Notice of the Hearing shall be given by publication and mailing. Notice by publication shall be given by publication at least once not less than fifteen (15) days prior to the Hearing in The Courier-News, the same being a newspaper having a general circulation within the City. Notice by mailing shall be given by depositing the Notice in the United States mails addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each lot, block, tract, or parcel of land lying within the Area. The Notice shall be mailed not less than ten (10) days prior to the time set for the Hearing. In the event taxes for the last preceding year were not paid, the Notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of said property. -3- rk Section 4. Form of Notice. The Notice shall be in substantially the following form: NOTICE OF PUBLIC HEARING CITY OF ELGIN, KANE AND COOK COUNTIES,ILLINOIS SPECIAL SERVICE AREA NUMBER 19 NOTICE IS HEREBY GIVEN that at 7:00 p.m., on the 24th day of September, 2008, at the City Hall, 150 Dexter Court, Elgin, Illinois, a hearing (the "Hearing") will be held by the City Council of the City of Elgin. Kane and Cook Counties, Illinois (the "City"), to consider the establishment of Special Service Area Number 19 of the City consisting of the following described territory (the "Area"): See Exhibit "A" Attached Hereto and Incorporated Herewith. The Area is roughly bounded by the following street locations: Point Boulevard on the south (just north of Interstate 90); Randall Road on the west; Oak Hill Drive on the north and Sleep Hollow Road on the east. The permanent tax index number of each parcel located in the Area is as follows: See Exhibit "B" Attached Hereto and Incorporated Herewith. The Area is known as the (i) Randall Point Executive Center Subdivision and (ii) Randall Point Executive Center II Subdivision. An accurate map of said Area is on file in the office of the City Clerk of the City and is available for public inspection. The purpose of the establishment of the Area is to provide special municipal services (the "Services") to the Area, namely. intersection and traffic signalization improvements to and for the benefit of the intersection of Randall Road and Point Boulevard, which intersection is the sole access point to and from the Area, all of the Services to be beneficial to the Area and all of the Services to be located on property now owned or to be acquired by the City and/or The County of Kane, Illinois, or property in which the City will obtain an interest sufficient for the r -4- provision of the Services. All of the Services are being undertaken in connection with new construction. The City shall issue bonds (the "Bonds") in amount not to exceed $580,000, which includes costs of issuance, and secured by the full faith and credit of the Area for the purpose of paying the cost of providing the Services. The Bonds shall be retired over a period not to exceed 20 years from the issuance thereof and shall bear at an interest rate or rates not exceeding 9% per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published in the most recent edition of The Bond Buyer, published in New York, New York, at the time the contract is made for the sale of the Bonds. The Bonds shall be retired by the levy of a direct annual tax sufficient on all property subject to taxation for the Services located within the Area to pay the interest on the Bonds as the same comes due and to discharge the principal thereof at maturity. Said direct annual tax shall be levied upon all taxable property within the Area for the entire period that the Bonds (or bonds to refund Bonds) shall be outstanding and shall be unlimited as to rate or amount and in addition to other taxes permitted by law. All interested persons affected by the establishment of the Area or the issuance of the Bonds, including all owners of real estate located within the Area, will be given an opportunity to be heard at the Hearing regarding the establishment of the Area and the issuance of the Bonds and an opportunity to file objections to the establishment of the Area or the issuance of the Bonds. At the Hearing, any interested persons affected by the Area may file with the City Clerk of the City written objections to and may be heard orally in respect to any issues embodied in this notice. The City Council of the City shall hear and determine all protests and objections at r -5- the Hearing, and the Hearing may be adjourned to another date without further notice other than a motion to be entered upon the minutes fixing the time and place of its adjournment. If a petition signed by at least 51% of the electors residing within the Area and by at least 51% of the owners of record of the land included within the boundaries of the Area is filed with the City Clerk of the City within 60 days following the final adjournment of the Hearing objecting to the creation of the Area or the issuance of the Bonds for the provision of the Services to the Area, no such Area may be created and no such Bonds may be issued. By order of the City Council of the City of Elgin, Kane and Cook Counties, Illinois. DATED this 3rd day of September, 2008. s/Diane Robertson City Clerk, City of Elgin Kane and Cook Counties, Illinois r r -6- Section S. Superseder and Effective Rate. All ordinances, orders and resolutions and parts thereof in conflict herewith be and the same are hereby superseded, and this Ordinance be in full force and effect forthwith upon its adoption and approval. AYES: Councilmembers Figueroa, Gilliam, Kaptain, Steffen, Walters, and Mayor Schock NAYS: None ABSENT: None PASSED this 10th day of September, 2008. APPROVED this 10th day of September, 2008. d Schock, Mayor Presented: September 10, 2008 r Passed: September 10, 2008 Vote: Yeas: 6 Nays: 0 Recorded: September 11, 2008 Published: September 12, 2008 Attest: Diane Robertson, City Cle k FWMIU�s�` _ 5 Y V'. r -7- EXHIBIT A LEGAL DESCRIPTION OF SPECIAL SERVICE AREA NUMBER 19 Lots 1-7 within Randall Point Executive Center, which has been recorded as a Final Plat of Subdivision as Document Number 98K034512 on April 24, 1998 and legally described as follows: THE SOUTH 12.25 CHAINS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29 AND THAT PART OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE NORTHERLY LINE OF PARCEL N-4D-55 ACQUIRED BY THE ILLINOIS STATE TOLL HIGHWAY COMMISSION BY PROCEEDING FILED IN THE CIRCUIT COURT OF KANE COUNTY, ILLINOIS, AS CASE NO. 56-1213 (EXCEPTING THEREFROM THAT PART DESCRIBED IN PARCELS N-4D-55.2, N-4D-55.6 AND N-4D-55.8 ACQUIRED BY SAID ILLINOIS STATE TOLL HIGHWAY COMMISSION BY PROCEEDINGS FILED IN CIRCUIT COURT OF KANE COUNTY, ILLINOIS AS CASE NO. 56-1213 AND ALSO THAT PART DESCRIBED IN PARCELS N-4D-56.5; N-4D-56.15 AND N-4D-56.17; AND ALSO EXCEPT THAT PART CONVEYED TO ILLINOIS STATE TOLL HIGHWAY AUTHORITY BY WARRANTY DEED RECORDED JULY 12, 1989 AS DOCUMENT 1984191 AND ALSO EXCEPT THAT PART CONVEYED TO COUNTY OF r KANE BY WARRANTY DEED RECORDED JULY 12, 1989 AS DOCUMENTS 1984192 AND 1984193) (AND ALSO LESS AND EXCEPT THAT PART TAKEN IN CASE 96EDKA0010 BY ILLINOIS STATE TOLL HIGHWAY AUTHORITY) IN THE CITY OF ELGIN, DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS. Lots 1-8 within Randall Point Executive Center II, which has been recorded as a Final Plat of Subdivision as Document Number 1999K051203 on May 21, 1999 and legally described as follows: PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHW1:ST QUARTER OF SECTION 22; THENCE NORTH 01 DEGREE 51 MINUTES 04 SECONDS EAST, ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 32, A DISTANCE OF 962.26 FEET (RECORD BEING 959.13 FEET) TO THE NORTHEASTERLY LINE OF ILLINOIS STATE TOLL HIGHWAY COMMISSION PARCEL NO. N-4D-57 AS MONUMENTED, FOR THE POINT BEGINNING; THENCE NORTH 58 DEGREES 15 MINUTES 38 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE AS MONUMENTED, A DISTANCE OF 2052.26 FEET (RECORD BEING 2056.46) TO "I'! I SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE 5:" D NORTHWEST QUARTER OF SECTION 32; THENCE SOUTH 88 DEGREES 13 MINUI i?S 58 SECONDS EAST, ALONG SAID SOUTH LINE, A DISTANCE OF 457.38 FEET TO "If-lE SOUTHEAST CORNER OF THE SAID NORTH HALF OF THE NORTHWEST QUARTER r OF THE NORTHWEST QUARTER OF SECTION 32; THENCE NORTH 01 DEGREI• 51 MINUTES 58 SECONDS EAST, ALONG THE EAST LINE OF THE SAID NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, A r DISTANCE OF 663.08 FEET TO THE NORTH LINE OF THE SAID NORTHWEST QUARTER OF SECTION 32; THENCE SOUTH 88 DEGREES 12 MINUTES 29 SECON IBS EAST, ALONG SAID NORTH LINE, A DISTANCE OF 1321.74 FEET TO TI-IE AFORESAID EAST LINE OF THE NORTHWEST QUARTER OF SECTION 32; THENCE SOUTH 01 DEGREE 51 MINUTES 04 SECONDS WEST, ALONG SAID EAST LINE, A DISTANCE OF 1687.78 FEET TO THE POINT OF BEGINNING, (EXCEPT ANY RA:a CONVEYED TO ILLINOIS STATE TOLL HIGHWAY AUTHORITY BY DIE :D RECORDED JULY 28, 1989 DOCUMENT 1987287) BEING SITUATED IN CITY OF ELGIN,KANE COUNTY, ILLINOIS. r r -2- EXHIBIT B PIN NUMBER EXHIBIT SPECIAL SERVICE AREA NUMBER 19 03-29-351-019, 03-29-351-022, 03-29-351-023, 03-29-351-020, 03-29-351-026, 03-32-102-004, 03-29-351-027, 03-29-351-025, 03-32-102-005, 03-32-126-006, 03-32-126-005, 03-32-126-007, 03-32-129-002, 03-32-129-003, 03-32-129-006, 03-32-129-007, 03-32-129-008 r r Council Member Figueroa moved and Council Member Kaptain seconded the motion that said ordinance as presented and read by title by the City Clerk be adopted. After a full discussion thereof, including a public recital of the nature of the matter being considered and such other information as would inform the public of the business being conducted, the Mayor directed that the roll be called for a vote upon the motion to adopt said ordinance as read. Upon the roll being called, the following Council Members voted AYE: Figueroa, Gilliam, Kaptain, Steffen, Walters, & Mayor Schock The following Council Members voted NAY: None Whereupon the Mayor declared the motion carried and said ordinance adopted, approved and signed the same in open meeting and directed the City Clerk to record the same in full in the records of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, which was done. Other business not pertinent to the adoption of said ordinance was duly transacted at the meeting. Upon motion duly made, seconded and carried, the meeting was adjourned. Diane Robert in, City Clerk k 1 TED FF�' r STATE OF ILLINOIS ) r ) SS COUNTY OF KANE ) CERTIFICATION OF ORDINANCE AND MINUTES I, the undersigned, do hereby certify that I am the duly qualified and acting City Clerk of the City of Elgin, Kane and Cook Counties, Illinois (the "City"), and that as such official I am the keeper of the journal of proceedings, books, records and files of the City and of the City Council of the City (the "Council"). I do further certify that the foregoing is a full, true and complete transcript of that portion of the minutes of the meeting of the Council held on the 10th day of September, 2008, insofar as same relates to the adoption of Ordinance No. T31-08 entitled: AN ORDINANCE proposing the establishment of Special Service Area Number 19 of the City of Elgin, Kane and Cook Counties, Illinois, and the issuance of bonds in an amount not to exceed $580,000 for the purpose of paying the cost of providing special services in and for such Area (Randall Point Executive Center and Randall Point Executive Center II) a true, correct and complete copy of which said ordinance as adopted at said meeting appears in the foregoing transcript of the minutes of said meeting. I do further certify that the deliberations of the Council on the adoption of the Ordinance were conducted openly, that the vote on the adoption of the Ordinance was taken openly, that the Meeting was held at a specified time and place convenient to the public, that notice of the Meeting was duly given to all of the news media requesting such notice, that an agenda for the Meeting was posted at the location where the Meeting was held and at the principal office of the Council at least 48 hours in advance of the holding of the Meeting, that said agenda contained a separate specific item concerning the proposed adoption of the Ordinance, a true, correct and complete copy of said agenda as so posted being attached to this certificate as Exhibit A, that the Meeting was called and held in strict compliance with the provisions of the Open Meetings Act of the State of Illinois, as amended, and the Special Service Area Tax Law, as amended, and that the Council has complied with all of the provisions of said Act and Law and with all of the procedural rules of the Council in connection with the passage of the Ordinance. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of the City, this 10th da of September, 2008. Diane Roberts. , City Clerk s L�^ s > ° {-, , e•t APPLICATION TO ESTABLISH A SPECIAL SERVICE AREA (Randall Point Executive Center and Randall Point Executive Center II) TO: The City of Elgin,Kane County, Illinois A. On behalf of the properties within the two subdivisions known as Randall Point Executive Center and Randall Point Executive Center II, each in the City of Elgin, Kane County,Illinois (collectively the"Subdivisions"),the undersigned(hereinafter the"Applicant") hereby applies for the establishment of a Special Service Area ("SSA") for that territory described on Exhibit A attached hereto (the "Territory"). B. The Applicant,consists of those Owners of Record described on Exhibit B,each owner of record owns a portion of real property located within the proposed Territory to be included within the SSA. C. The purpose of this SSA will be to provide funds with which to pay for the following special services (collectively the "Special Services") within said Territory: 1. The design,permitting and installation of intersection and associated traffic signalization improvements and up-grades for the intersection of Point Boulevard and Randall Road (collectively the"Intersection Improvements"), to benefit the aforementioned Territory. Said Intersection Improvements are more particularly described on Exhibit C and incorporated herein; and 2. The administrative, legal,and other costs or expenses incurred in connection with the establishment of the SSA and the issuance and sale of the SSA bonds. D. It is proposed that the cost of the Special Services shall be paid by the levy of a direct, annual ad valorem tax (the"Special Tax") upon all taxable property within the Territory for the period of time beginning with the year 200 8 and extending for 20 years thereafter. E. It is proposed that the tax rate for the Special Tax(the"Special Tax Rate")be set at such level (or within such range) as to ensure such level of Special Taxes as may be required to retire the Bond described in paragraph F below. The Special Tax Rate shall be in addition to all other taxes permitted by law. F. It is proposed that one or more bonds (collectively the"Bond")be sold to raise money for the payment of the Special Services within the SSA,with the terms of said Bond to be as follows: 1. Amortized over a twenty (20) year period; 2. Interest to be at the lowest achievable interest rate for the Bond; 3. The Bond shall have tax-exempt status; and �" C:\Documents and Settings\Richardp\Local Settings\Temporary lntemetfiles\OLK9\Application to Establish a SSA-v7-clean.doc 4. The Bond shall be entirely repaid/retired out of the revenue from the SSA tax revenue. G. It is further proposed that the Special Taxes shall be levied and extended only to the minimum extent necessary to produce revenue sufficient to retire the Bond under its terms. H. I hereby request that the Corporate Authorities of the City of Elgin accept this application;enact an Ordinance proposing the establishment of a Special Service Area as set out in this application; conduct a public hearing as required by law; enact an Ordinance establishing the Special Service Area;and record a certified copy of said Ordinance, all in accordance with law. Respectfully submitted, Randall Lakes Limited Partnership, an Illinois limited partnership By: PanCor General etship 3, an Illinois general partnership Its General er By: Richard M. anichi, a-pr44,6 RP2 Limited Partnership, ` J"' an Illinois limited partnership By: Randall Point 2 LLC, an Illinois limited liability company Its General Partner By: Richard M. Panichi,-a'nrartagr 20 ���).-714A C:\Documents and Settings\Richardp\Local Settings\Temporary Internet 'iles\OLK9\Application to Establish a SSA-v7-clean.doc • EXHIBIT A LEGAL DESCRIPTION OF TERRITORY Lots 1-7 within Randall Point Executive Center,which has been recorded as a Final Plat of Subdivision as Document No. 98K034512 on April 24, 1998 and legally described as follows: THE SOUTH 12.25 CHAINS OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 29 AND THAT PART OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHERLY OF THE NORTHERLY LINE OF PARCEL N-4D-55 ACQURIED BY THE ILLINOIS STATE TOLL HIGHWAY COMMISSION BY PROCEEDING FILED IN THE CIRCUIT COURT OF KANE COUNTY, ILLINOIS,AS CASE NO. 56-1213 (EXCEPTING THEREFROM THAT PART DESCRIBED IN PARCELS N-4D-55.2,N-4D-55.6 AND N-4D-55.8 ACQUIRED BY SAID ILLINOIS STATE TOLL HIGHWAY COMMISSION BY PROCEEDINGS FILED IN CIRCUIT COURT OF KANE COUNTY, ILLINOIS AS CASE NO. 56-1213 AND ALSO THAT PART DESCRIBED IN PARCELS N-4D-56.5; N-4D-56.15 AND N-4D-56.17;AND ALSO EXCEPT THAT PART CONVEYED TO ILLINOIS STATE TOLL HIGHWAY AUTHORITY BY WARRANTY DEED RECORDED JULY 12, 1989 AS DOCUMENT 1984191 AND ALSO EXCEPT THAT PART CONVEYED TO COUNTY OF KANE BY WARRANTY DEED RECORDED JULY 12, 1989 AS DOCUMENTS 1984192 AND 1984193) (AND ALSO LESS AND EXCEP THAT PART TAKEN IN CASE 96EDKA0010 BY ILLINOIS STATE TOLL HIGHWAY AUTHORITY) IN THE CITY OF ELGIN, DUNDEE TOWNSHIP, KANE COUNTY, ILLINOIS. Lots 1-8 within Randall Point Executive Center II, which has been recorded as a Final Plat of Subdivision as Document No. 1999K051203 on May 21, 1999 and legally described as follows: PART OF THE NORTHWEST QUARTER OF SECTION 32, TOWNSHIP 42 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF THE SAID NORTHWEST QUARTER OF SECTION 22;THENCE NORTH 01 DEGREE 51 MINUTES 04 SECONDS EAST,ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF SECTION 32,A DISTANCE OF 962.26 FEET (RECORD BEING 959.13 FEET) TO THE NORTHEASTERLY LINE OF ILLINOIS STATE TOLL HIGHWAY COMMISSION PARCEL NO. N-4D-57 AS MONUMENTED, FOR THE POINT BEGINNING;THENCE NORTH 58 DEGREES 15 MINUTES 38 SECONDS WEST,ALONG SAID NORTHEASTERLY LINE AS MONUMENTED,A DISTANCE OF 2052.26 FEET (RECORD BEING 2056.46) TO THE SOUTH LINE OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE SAID NORTHWEST QUARTER OF SECTION 32;THENCE SOUTH 88 DEGREES 13 MINUTES 58 SECONDS EAST,ALONG SAID SOUTH LINE,A DISTANCE OF 457.38 FEET TO THE SOUTHEAST CORNER OF THE SAID NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32;THENCE NORTH 01 DEGREE 51 MINUTES 58 SECONDS EAST,ALONG THE EAST LINE OF THE SAID NORTH HALF r OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32,A C:\Documents and Settings\Richardp\Local Settings\Temporary Internet3iles\OLK9\Application to Establish a SSA-v7-clean.doc DISTANCE OF 663.08 FEET TO THE NORTH LINE OF THE SAID NORTHWEST QUARTER OF SECTION 32;THENCE SOUTH 88 DEGREES 12 MINUTES 29 SECONDS EAST,ALONG SAID NORTH LINE,A DISTANCE OF 1321.74 FEET TO THE AFORESAID EAST LINE OF THE NORTHWEST QUARTER OF SECTION 32;THENCE SOUTH 01 DEGREE 51 MINUTES 04 SECONDS WEST,ALONG SAID EAST LINE,A DISTANCE OF 1687.78 FEET TO THE POINT OF BEGINNING, (EXCEPT ANY PART CONVEYED TO ILLINOIS STATE TOLL HIGHWAY AUTHORITY BY DEED RECORDED JULY 28, 1989 DOCUMENT 1987287) BEING SITUATED IN CITY OF ELGIN, KANE COUNTY, ILLINOIS. Parcel Identification Numbers for both subdivisions: 03-29-351-019, 03-29-351-022, 03-29-351-023, 03-29-351-020, 03-29-351-026, 03-32-102-004, 03-29-351-027, 03-29-351-025, 03-32-102-005, 03- 32-126-006, 03-32-126-005, 03-32-126-007, 03-32-129-002, 03-32-129-003, 03-32-129-006, 03-32- 129-007, 03-32-129-008 r C:\Documents and Settings\Richardp\Local Settings\Temporary lnternet f iles\OLK9\Application to Establish a SSA-v7-clean.doc EXHIBIT B few APPLICANT Parcel PIN Address Owner 1 03-29-351-022 2270 Point Blvd., Elgin, IL Elgin Lodging,LLC, an Illinois limited liability company, d/b/a County Inn and Suites Legal Description: That part of Lot 6 and Lot 7 of Randall Point Executive Center Subdivision,being a Subdivision of Part of the Southwest Quarter of Section 29 and part of the Northwest Quarter of Section 32,Township 42 North, Range 8 East of the Third Principal Meridian,recorded as Document No. 98K034512 in Kane County, Illinois described as follows: Beginning at the Northwest corner of said Lot 6;thence South 89 degrees 17 minutes 06 seconds East along the North line of said Lot 6; a distance of 214.98 feet to a line that is parallel with an 35.02 feet Westerly of, as measured at right angles to, the East line of said Lot 6; thence South 00 degrees 56 minutes 06 seconds West along said parallel line, 375.86 feet; thence North 89 degrees 03 minutes 54 seconds West at right angles to the last described course, 313.51 feet to the Southwesterly line of said Lot 7; thence North 36 degrees 25 minutes 23 seconds West along said Southwesterly line, 40.00 feet; thence North 56 degrees 57 minutes 25 seconds East, 29.00 feet; thence South 89 degrees 03 minutes 54 seconds East, 79.16 feet to a line that is parallel with and 19.60 feet Westerly of, as measured at right angles to, the West line of said Lot 6; thence North 00 degrees 56 minutes 06 seconds East along said Parallel line, at right angles to the last described course, 326.96 feet to the North line of said Lot 7; thence South 89 degrees 17 minutes 06 seconds East along said North line to the point of beginning;in the City of Elgin, Kane County, Illinois. 2 03-29-351-023 2250 Point Blvd., Elgin, IL Randall Lakes Limited Partnership, an Illinois limited partnership Legal Description: Part of Lots 3, 4 and 5 of Randall Point Executive Center Subdivision, being a Subdivision of part of the Southwest Quarter of Section 29 and part of the Northwest Quarter of Section 32,Township 42 North, Range 8 East of the Third Principal Meridian, recorded as Document No. 98K034512 in Kane County, Illinois, described as follows: Commencing at the Southeast corner of Lot 5; thence Northwesterly along the Southwesterly line of said Lot 5,being a curve concave Northeasterly, not tangent to the last described course, having a radius of 332.00 feet, a chord bearing of North 32 degrees 12 minutes 56 seconds West, a chord length of 89.98 feet, an arc length of 90.25 feet; thence North 23 degrees 03 minutes 07 seconds West along said Southwesterly line, 122.83 feet for the point of beginning; thence North 66 degrees 25 minutes 00 seconds East, 59.23 feet to a line parallel with the East line of said Lot 4; thence North 00 degrees 57 minutes 46 seconds East along said parallel line, 200.00 feet to a line parallel with the North line of said Lot 4; thence South 89 degrees 17 minutes 06 seconds East along said parallel line, 55.00 feet to a line parallel with and 235.00 feet Westerly of as measured at right angles to, the East line of said lot 4;thence North 00 degrees 57 minutes 46 seconds East, along said parallel line, 375.00 feet, to a line that is 240.00 feet South of, as measured at right angles to the North line of said lot 4; thence North 89 degrees 17 minutes 08 seconds West along said parallel line to the West line of said lot 5; C:\Documents and Settings\Richardp\Local Settings\Temporary Internel'iles\OLK9\Application to Establish a SSA-v7-clean.doc thence South 00 degrees 56 minutes 08 seconds East along said West line of lot 5 to the Southwest rk corner thereof;thence Southeasterly along the Southerly line of lot 5 (being the Northeasterly line of Point Boulevard) to the point of beginning,in the City of Elgin, Kane County, Illinois. 3 03-29-351-020 2250 Point Blvd., Elgin, IL Randall Lakes Limited Partnership, an Illinois limited partnership Legal Description: Part of Lot 7 of Randall Point Executive Center Subdivision,being a Subdivision of part of the Southwest Quarter of Section 29 and part of the Northwest Quarter of Section 32, Township 42 North,Range 8 East of the Third Principal Meridian,recorded as Document No.98K034512 in Kane County,Illinois being that part of lying in said Lot 7 lying South of the following described line: Beginning at the Northwest corner of Lot 6 of said Randall Point Executive Center Subdivision;thence South 89 degrees 17 minutes 06 seconds East along the North line of said Lot 6,a distance of 214.98 feet to a line that is parallel with and 35.02 feet Westerly of,as measured at right angles to,the East line of said Lot 6,thence South 00 degrees 56 minutes 06 seconds West along said parallel,375.86 feet;thence North 89 degrees 03 minutes 54 seconds West at right angles to the last described course,313.51 feet to the Southwesterly line of said Lot 7 for the termination of said line,in the City of Elgin, Kane County, Illinois. 4 03-29-351-026 2250 Point Blvd., Elgin, IL Randall Lakes Limited Partnership, an Illinois limited partnership Legal Description: Part of Lot 6 of Randall Point Executive Center Subdivision,being a Subdivision of part of the Southwest Quarter of Section 29 and part of the Northwest Quarter of Section 32, Township 42 North,Range 8 East of the Third Principal Meridian,recorded as Document No.98K034512 in Kane County,Illinois,being that part of said Lot 6 lying South of a line described as follows:Commencing at the Northeast corner of said Lot 6;thence South 00 degrees 56 minutes 06 seconds West along the East line of said Lot 6,240 feet for the place of beginning of said line;thence West on a line that is 240 feet South of and parallel with the North line of said Lot 6,to a line drawn 35.02 feet West of and parallel with the East line of said Lot 6;thence South 00 degrees 56 minutes 06 seconds West along said parallel line to a point 375.86 feet South of the North line of said Lot 6;thence North 89 degrees 03 minutes 54 seconds West at right angles to the last described course to the West line of Lot 6 and the termination of said line,in the City of Elgin,Kane County, Illinois. 5 03-32-102-004 Vacant Hotel Site, Elgin, IL Randall Lakes Limited Partnership, an Illinois limited partnership Legal Description: Part of Lot 1 of Randall Point Executive Center Subdivision,Subdivision,being a Subdivision of part of the Southwest Quarter of Section 29 and part of the Northwest Quarter of Section 32, Township 42 North,Range 8 East of the Third Principal Meridian,recorded as Document No.98K034512 in Kane County,Illinois,lying West and Northwesterly of the following described line,Beginning at the most Westerly corner of Lot 8 of Randall Point Executive Center II,being a subdivision of part of the Northwest quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian,according to the Plat thereof recorded May 21,1999 as Document No. 1999K051203,and the Northerly right of way of the C:\Documents and Settings\Richardp\Local Settings\Temporary Internet6iles\OLK9\Application to Establish a SSA-v7-clean.doc • Illinois State Toll Highway,and the Southerly line of Lot 1 aforesaid;thence South 89 degrees 27 minutes 18 seconds East,16.52 feet;thence North 59 degrees 33 minutes 38 seconds West, 13.06 feet;thence North 37 degrees 16 minutes 52 seconds East,30.95 feet;thence North 35 degrees 52 minutes 42 seconds West,50.23 feet;thence North 01 degrees 12 minutes 19 seconds West, 157.27 feet;thence North 53 degrees 52 minutes 13 seconds East,128.31 feet;thence North 45 degrees 03 minutes 16 seconds West,56.91 feet;thence North 44 degrees 56 minutes 44 seconds East,47.10 feet to the Northerly line of said lot,and the terminus of said line,in the City of Elgin, Kane County, Illinois. 6 03-29-351-027 2230 Point Blvd., Elgin, IL 2230 Point Blvd., LLC, an Illinois limited liability company Legal Description: That part of Lots 4, 5, and 6 in Randall Point Executive Center Subdivision,being a subdivision of part of the Southwest Quarter of Section 29 and part of the Northwest Quarter of Section 32,Township 42 North, Range 8, East of the Third Principal Meridian,Recorded as Document No. 98K034512,in Kane County, Illinois, described as follows, beginning at the Northeast corner of said Lot 4, thence South 00 degrees 57 minutes 46 seconds West along the East line of said Lot 4, a distance of 345.00 feet, thence North 89 degrees 17 minutes 06 seconds West,parallel with the North Line of said Randall Point Executive Center Subdivision, 235.00 feet, thence North 00 degrees 57 minutes 48 seconds East, parallel with said East line, 105.00 Feet to a line that is 240.00 Feet South of, as measured at right angles to said North line; thence North 89 degrees 17 minutes 08 seconds West, along said parallel line 295.16 feet to a line that is 35.02 feet West of, as measured at right angles to, and parallel with the West Line of said Lot 5, thence North 00 degrees 56 minutes 08 seconds West, along said parallel line 240.00 feet to the North line of said Randall Point Executive Center Subdivision; thence South 89 degrees 17 minutes 08 seconds East, along said North line, 530.28 feet to the point of beginning, in Kane County, Illinois. 7 03-29-351-025 2200 Point Blvd., Elgin, IL Randall Lakes Limited Partnership, an Illinois limited partnership Legal Description: That part of Lots 3,4 and 5 of Randall Point Executive Center Subdivision, being a Subdivision of part of the Southwest Quarter of Section 29 and part of the Northwest Quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian,recorded as Document No. 98K034512 in Kane County,Illinois,described as follows:beginning at the Northeast comer of said Lot 3; thence South 00 degrees 57 minutes 46 seconds West along the East line of said lot 3,a distance of 278.59 feet to an angle point in said East line;thence South 00 degrees 49 minutes 21 seconds West along said East line,322.82 feet to the Southeast corner of said lot 3;thence Northwesterly along the Southerly line of said lot 3,being a curve concave Northeasterly,not tangent to the last described course,having a radius of 332.00 feet,a chord bearing of North 63 degrees 54 minutes 14 seconds West,a chord length of 271.11 feet,an arc length of 279.27 feet to the Southeast comer of said lot 5;thence Northwesterly along the Southwesterly line of said Lot 5,being a curve concave Northeasterly,not tangent to the last described course,having a radius of 332.00 feet,a chord bearing of North 32 degrees 12 minutes 56 seconds West,a chord length of 89.98 feet, an arc length of 90.25 feet;thence North 23 degrees 03 minutes 07 seconds West along said Southwesterly line,122.83 feet;thence North 66 degrees 25 minutes 00 seconds East,59.23 feet to a line parallel with the East line of said lot 4;thence North 00 degrees 57 minutes 46 seconds East along said parallel line,200.00 C:\Documents and Settings\Richardp\Local Settings\Temporary Internet-files\OLK9\Application to Establish a SSA-v7-clean.doc feet to a line parallel with the North line of said Lot 4;thence South 89 degrees 17 minutes 06 seconds East along said parallel line,55.00 feet to a line parallel with and 235.00 feet Westerly of as measured at right angles to,the East line of said lot 4;thence North 00 degrees 57 minutes 46 seconds East,along said parallel line, 260.00 feet to a line parallel with the North line of said lot 4,and 345.00 feet South of,as measured along said East line;thence South 89 degrees 17 minutes 06 seconds East along said parallel line,235.00 feet to said East line;thence South 00 degrees 57 minutes 46 seconds West,along said West line, 187.11 feet to the point of beginning,except that part of said Lot 3 conveyed to the City of Elgin,by Document No.98K052484, in the City of Elgin, Kane County, Illinois. 8 03-32-102-005 2205 Point Blvd., Elgin, IL RP3, LLC, an Illinois limited liability company Legal Description: That part of Lot 1 and all of Lot 2 in Randall Point Executive Center Subdivision,being a Subdivision of that part of the Southwest Quarter of Section 29 and part of the Northwest Quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian according to the plat thereof recorded April 24, 1988 as Document No.98K034512;and part of Lot 8 in Randall Point Executive Center II,being a subdivision of part of the Northwest Quarter of Section 32, Township 42 North,Range 8 East of the Third Principal Meridian according to the Plat thereof recorded May 21,1999 as Document No. 1999K051203,described as follows:beginning at the Northwest Corner of Said Lot 8;thence Easterly along the North line of said Lot 8,being a curve concave South having a radius of 1174.02 feet,an arc length of 59.38 feet,a chord bearing of South 84 degrees 35 minutes 40 seconds East and a chord distance of 59.38 feet;thence South 07 degrees 06 minutes 08 seconds West, 18.41 feet;thence South 01 degrees 12 minutes 19 seconds East,456.95;thence South 88 degrees 47 minutes 41 seconds West, 17.90 feet;thence South 85 degrees 15 minutes 07 seconds West,27.65 feet;thence South 88 degrees 47 minutes 41 seconds West,46.00 feet;thence South 89 degrees 56 minutes 32 seconds West, 17.09 feet to the Southerly line of said lot 8,also being the Northerly right-of-way of the Illinois State Toll Highway;thence North 58 degrees 03 minutes 52 seconds West along said Southerly line,396.69 feet;thence North 35 degrees 52 minutes 02 seconds West along said Southerly line and said Northerly line,31.50 feet to the most Westerly corner of said Lot 8,also being a point on said Northerly right of way;thence South 89 degrees 27 minutes 18 seconds East along said Northerly right of way, 16.52 feet to the Southwest corner of said Lot 1, thence North 59 degrees 33 minutes 38 seconds West along the Southwesterly line of said Lot 1 and said Northerly right of way line, 13.06 feet;thence North 37 degrees 16 minutes 52 seconds East,30.95 feet; thence North 35 degrees 52 minutes 42 seconds West,50.23 feet;thence North 01 degrees 12 minutes 19 seconds West,157.27 feet;thence North 53 degrees 52 minutes 13 seconds East, 128.31 feet;thence North 45 degrees 03 minutes 16 seconds West,56.91 feet;thence North 44 degrees 56 minutes 44 seconds East, 47.10 feet to the Northerly line of said Lot,being a point on a curve through which a radial line bears South 47 degrees 54 minutes 08 seconds West,thence Southeasterly and Easterly along said Northerly line and its Easterly extension,being a curve concave Northerly having a radius of 432.00 feet,an arc length of 349.69 feet,a chord bearing of South 65 degrees 17 minutes 15 seconds East and chord distance of 340.22 feet,the Northeast corner of said Lot 2,also being a point on a West line of said Lot 8;thence North 00 degrees 39 minutes 39 seconds East along said West line, 13.15 feet to the point of beginning;except that part of said Lot 2 conveyed to the City of Elgin by Document No.98K052484,all in the City of Elgin,Dundee Township,Kane County,Illinois 9 03-32-126-006 2150 Point Blvd., Elgin, IL 2150 Point Blvd.,LLC, C:\Documents and Settings\Richardp\Local Settings\Temporary Internetgiles\OLK9\Application to Establish a SSA-v7-clean.doc an Illinois limited liability company Legal Description: Lot 1 in Randall Point Executive Center II, being a subdivision of part of the Northwest Quarter of Section 32,Township 42 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded May 21, 1999 as Document No. 1999K051203 (Excepting therefrom that part described as follows: beginning at the Southwest corner of said Lot; thence North 01 degrees 01 minutes 58 seconds East along the West line of said Lot 340.06 feet to the Northwest Corner thereof thence, South 88 degrees 12 minutes 29 seconds East along the North line of said lot, a distance of 488.49 feet; thence South 01 degrees 45 minutes 21 seconds West 329.60 feet; thence South 18 degrees 44 minutes 40 seconds West 116.03 feet to the Southerly line of said Lot; thence North 71 degrees 17 minutes 27 seconds West along said Southerly line 175.01 feet to a point of curve; thence continuing along said Southerly line being on a curve to the left having a radius of 1244.02 feet an arc distance of 292.68 feet to the point of beginning), (the chord of the last described curve being North78 degrees 17 minutes 04 seconds West 292.01 feet), in the City of Elgin,Kane County, Illinois, and also Lot 2 in said Subdivision (excepting therefrom that part described as follows: beginning at the Northeast corner of said Lot 2; thence 01 degrees 51 minutes 04 seconds West along the East line of said Lot 337.73 feet to the Southeast corner thereof, thence North 71 degrees 42 minutes 30 seconds West along the South line of said Lot a distance of 445.76 feet, thence North 18 degrees 31 minutes 54 seconds East 214.20 feet to the Northerly line of said Lot; thence Easterly along said Northerly line being on a curve to the left having a radius of 500 feet an arc distance of 38.01 feet (the chord of the last described curve bearing South 69 degrees 31 minutes 22 seconds East 37.10 feet); thence North 88 degrees 42 minutes 01 seconds East along said Northerly line 331.42 feet to the point of beginning, in the City of Elgin, Kane County, Illinois. 10 03-32-126-005 2170 Point Blvd, Elgin, IL 2170 Point Blvd.,LLC, an Illinois limited liability company Legal Description: That part of Lot 1 in Randall Point Executive Center II, being a subdivision of part of the Northwest quarter of Section 32,Township 42 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded May 21, 1999 as Document No. 1999K051203, described as follows: beginning at the Southwest corner of said Lot; thence North 01 degree 51 minutes 58 seconds East along the West line of said Lot; 340.08 feet to the Northwest corner thereof; thence South 88 degrees 12 minutes 29 seconds East along the North line of said Lot; a distance of 488.49 feet; thence South 01 degree 45 minutes 21 seconds West 329.60 feet; thence South 18 degrees 44 minutes 40 seconds West 116.03 feet to the Southerly line of the said Lot; thence North 71 degrees 32 minutes 40 seconds West along said Southerly line 175.01 feet to a point of curve; thence continuing along said Southerly line being on a curve to the left having a radius of 1244.02 feet an arc distance of 292.68 feet to the point of beginning, (the chord of the last described curve bearing North 78 degrees 17 minutes 04 seconds West 292.01 feet), In the City of Elgin, Kane County, Illinois 11 03-32-126-007 2130 Point Blvd., Elgin, IL RP2 Limited Partnership, an Illinois limited partnership Legal Description: That part of Lot 2 in Randall Point Executive Center in,being a subdivision of C:\Documents and Settings\Richardp\Local Settings\Temporary Internet(files\OLK9\Application to Establish a SSA-v7-clean.doc part of the Northwest quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian,according to the Plat thereof recorded May 21,1999 as Document No. 1999K051203,described as follows:beginning at the Northeast corner of said lot 2;thence South 01 degree 51 minutes 04 seconds West along the East line of said lot 337.73 feet to the Southeast corner thereof;thence North 71 degrees 42 minutes 30 seconds West along the South line of said Lot a distance of 445.78 feet;thence North 18 degrees 31 minutes 54 seconds East 214.20 feet to the Northerly line of said Lot;thence Easterly along said Northerly line being on a curve to the left having a radius of 50.0 feet an arc distance of 38.01 feet(the chord of the last described curve bearing South 69 degrees 31 minutes 22 seconds East 37.10 feet);thence North 88 degrees 42 minutes 01 seconds East along said Northerly line 331.42 feet to the point of beginning,in the City of Elgin,Kane County,Illinois. 12 03-32-129-002 2155 Point Blvd., Elgin, IL RP2 Limited Partnership, an Illinois limited partnership Legal Description: The West 60 feet of Lot 7 in Randall Point Executive Center in,being a subdivision of part of the Northwest quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian,according to the Plat thereof recorded May 21,1999 as Document No. 1999K051203, in the City of Elgin, Kane County, Illinois 13 03-32-129-003 2155 Point Blvd., Elgin, IL RP2 Limited Partnership, an Illinois limited partnership Legal Description: Lot 7 (except the West 60 feet thereof)in Randall Point Executive Center in, rbeing a subdivision of part of the Northwest quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian,according to the Plat thereof recorded May 21,1999 as Document 1999K051203,in the City of Elgin,Kane County,Illinois. 14 03-32-129-006 2175 Point Blvd., Elgin, IL RP2 Limited Partnership, an Illinois limited partnership Legal Description: Part of Lot 8 in Randall Point Executive Center n,being a Subdivision of that part of the Northwest quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian,according to the Plat thereof recorded May 21,1999 as document number 1999K051203,in the City of Elgin,Kane County,Illinois,lying East and South of the following described line:Commencing at the Northwest corner of said lot 8;thence Easterly along the North line of said lot 8,being a curve concave South having a radius of 1174.02 feet,an arc length of 59.38 feet,a chord bearing of South 84 degrees 35 minutes 40 seconds East and a chord distance of 59.38 feet for the point of beginning of said line;thence South 07 degrees 06 minutes 08 seconds West,18.41 feet;thence South 01 degrees 12 minutes 19 seconds East, 456.95 feet;thence South 48 degrees 47 minutes 41 seconds West,17.90 feet;thence South 85 degrees 15 minutes 07 seconds West,27.65 feet;thence South 88 degrees 47 minutes 41 seconds West,46.00 feet;thence South 89 degrees 56 minutes 32 seconds West, 17.09 feet to the Southerly line of said lot 8 and the terminus of said line,in the City of Elgin, Kane County, Illinois. 15 03-32-129-007 2135 Point Blvd., Elgin, IL RP2 Limited Partnership, C:\Documents and Settings\Richardp\Local Settings\Temporary Interne]Dles\OLK9\Application to Establish a SSA-v7-clean.doc an Illinois limited partnership Legal Description: Lots 5 and 6 in Randall Point Executive Center n,being a Subdivision of that part of the Northwest quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian,according to the Plat thereof recorded May 21,1999 as document number 1999K051203,in the City of Elgin,Kane County,Illinois except that part described as follows:Commencing at the Northeast corner of said Lot 5;thence South 01 degrees 51 minutes 04 seconds West along the East line thereof 261.17 feet to the point of beginning;thence continuing South 01 degrees 51 minutes 04 seconds West along said East line 717.51 feet to the Southeast corner of said lot;thence North 58 degrees 15 minutes,32 seconds West along the South line of said lot and the South line of said Lot 6,a distance of 394.49 feet;thence North 01 degrees 51 minutes 04 seconds East along a line 342.02 feet West of and parallel with the East line of said Lot 5,a distance of 622.91 feet;thence South 51 degrees 32 minutes 41 seconds East 356.90 feet to the point of beginning,in the City of Elgin,Kane County, Illinois. r C:\Documents and Settings\Richardp\Local Settings\Temporary Internet Files\OLK9\Application to Establish a SSA-v7-clean.doc EXHIBIT C r PERMITTED IMPROVEMENTS The proposed Permitted Improvements will be to create (1) an additional left-turn lane from Point Boulevard onto Randall Road (heading south) and (2) to relocate the existing right turn lane. In order to achieve these goals, the following modifications are required: (1) Dry utility relocations; (2) Temporary traffic signals installed to allow for roadway widening; (3) Demolition and removal of existing curb,gutter, sidewalk, stone riprap, storm conveyance, striping, signage, existing signals, street lights and pavement; (4) Grading and underground utility relocation for new street profiles; (5) Coordination of traffic signal installation work; (6) Road widening of Point Boulevard, approximately 375 LF, from 36 to 50 feet,including installation of new curb,gutter, sidewalk, stone riprap, storm conveyance, striping, street lights, and pavement; and (7) Restoration of all adjacent areas,including street patching and landscaping. r C:\Documents and Settings\Richardp\Local Settings\Temporary Internet Iles\OLK9\Application to Establish a SSA-v7-clean.doc STATE OF ILLINOIS ) ) SS. COUNTY OF KANE ) AFFIDAVIT The undersigned, RICHARD M. PANICHI,being first duly sworn on oath, states as follows: 1. The undersigned,is a manager of Randall Point 2 LLC,which is itself a general partner of RP2 Limited Partnership, an Illinois limited partnership ("RP2"); 2. RP2 is an owner of record within the proposed Special Service Area; and 3. A list of one hundred percent (100%) of the owners of record and property included within the proposed Special Service Area has been attached and incorporated herein as Exhibit A. Dated this /9 day ofjune 2008. Richard M. Panichi,manager of Randall Point 2 LLC, an Illinois limited liability company I,the undersigned,a Notary Public in and for said County,in the State aforesaid,DO HEREBY CERTIFY that Richard M. Panichi personally known to me to be the same person(s)whose name is subscribed to the foregoing instrument,appeared before me this day in person,and subscribed to the foregoing instrument,appeared before me this day in person, and acknowledged that he signed,sealed and delivered the said instrument as his free and voluntary act for the uses and purposes therein set forth. Give under my hand official seal,this 10 day of dlit1 ,2008. aY Notary Public *'a KAREN M.SKONIECZNY OFFICIAL MY COMMISSION EXPIRES yr SEA ,o JANUARY 9,2011 FOF 4LV�� C:\Documents and Settings\Richardp\Local Settings\Temporary Internet Files\OLK9\Affidavit-v I.doc EXHIBIT A OWNERS OF RECORD Parcel PIN Address Owner 1 03-29-351-022 2270 Point Blvd., Elgin, IL Elgin Lodging,LLC, an Illinois limited liability company, d/b/a County Inn and Suites Legal Description: That part of Lot 6 and Lot 7 of Randall Point Executive Center Subdivision, being a Subdivision of Part of the Southwest Quarter of Section 29 and part of the Northwest Quarter of Section 32,Township 42 North, Range 8 East of the Third Principal Meridian,recorded as Document No. 98K034512 in Kane County, Illinois described as follows: Beginning at the Northwest corner of said Lot 6; thence South 89 degrees 17 minutes 06 seconds East along the North line of said Lot 6; a distance of 214.98 feet to a line that is parallel with an 35.02 feet Westerly of, as measured at right angles to, the East line of said Lot 6; thence South 00 degrees 56 minutes 06 seconds West along said parallel line, 375.86 feet; thence North 89 degrees 03 minutes 54 seconds West at right angles to the last described course, 313.51 feet to the Southwesterly line of said Lot 7; thence North 36 degrees 25 minutes 23 seconds West along said Southwesterly line, 40.00 feet; thence North 56 degrees 57 minutes 25 seconds East, 29.00 feet; thence South 89 degrees 03 minutes 54 seconds East, 79.16 feet to a line that is parallel with and 19.60 feet Westerly of, as measured at right angles to, the West line of said Lot 6; thence North 00 degrees 56 minutes 06 seconds East along said Parallel line, at right angles to the last described course, 326.96 feet to the North line of said Lot 7; thence South 89 degrees 17 minutes 06 seconds East along said North line to the point of beginning;in the City of Elgin, Kane County, Illinois. 2 03-29-351-023 2250 Point Blvd., Elgin, IL Randall Lakes Limited Partnership, an Illinois limited partnership Legal Description: Part of Lots 3, 4 and 5 of Randall Point Executive Center Subdivision,being a Subdivision of part of the Southwest Quarter of Section 29 and part of the Northwest Quarter of Section 32,Township 42 North, Range 8 East of the Third Principal Meridian, recorded as Document No. 98K034512 in Kane County, Illinois, described as follows: Commencing at the Southeast corner of Lot 5; thence Northwesterly along the Southwesterly line of said Lot 5, being a curve concave Northeasterly, not tangent to the last described course, having a radius of 332.00 feet, a chord bearing of North 32 degrees 12 minutes 56 seconds West, a chord length of 89.98 feet, an arc length of 90.25 feet; thence North 23 degrees 03 minutes 07 seconds West along said Southwesterly line, 122.83 feet for the point of beginning; thence North 66 degrees 25 minutes 00 seconds East, 59.23 feet to a line parallel with the East line of said Lot 4; thence North 00 degrees 57 minutes 46 seconds East along said parallel line, 200.00 feet to a line parallel with the North line of said Lot 4; thence South 89 degrees 17 minutes 06 seconds East along said parallel line, 55.00 feet to a line parallel with and 235.00 feet Westerly of as measured at right angles C:\Documents and Settings\Richardp\Local Settings\Temporary Internet Files\OLK9\Affidavit-vI.doc to, the East line of said lot 4; thence North 00 degrees 57 minutes 46 seconds East, along said parallel line, 375.00 feet, to a line that is 240.00 feet South of, as measured at right angles to the North line of said lot 4; thence North 89 degrees 17 minutes 08 seconds West along said parallel line to the West line of said lot 5; thence South 00 degrees 56 minutes 08 seconds East along said West line of lot 5 to the Southwest corner thereof; thence SouthEasterly along the Southerly line of lot 5 (being the Northeasterly line of Point Boulevard) to the point of beginning, in the City of Elgin, Kane County, Illinois. 3 03-29-351-020 2250 Point Blvd., Elgin, IL Randall Lakes Limited Partnership, an Illinois limited partnership Legal Description: Part of Lot 7 of Randall Point Executive Center Subdivision,being a Subdivision of part of the Southwest Quarter of Section 29 and part of the Northwest Quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian,recorded as Document No.98K034512 in Kane County,Illinois being that part of lying in said Lot 7 lying South of the following described line:Beginning at the Northwest corner of Lot 6 of said Randall Point Executive Center Subdivision;thence South 89 degrees 17 minutes 06 seconds East along the North line of said Lot 6,a distance of 214.98 feet to a line that is parallel with and 35.02 feet Westerly of as measured at right angles to,the East line of said Lot 6,thence South 00 degrees 56 minutes 06 seconds West along said parallel,375.86 feet;thence North 89 degrees 03 minutes 54 seconds West at right angles to the last described course,313.51 feet to the Southwesterly line of said Lot 7 for the termination of said line,in the City of Elgin, Kane County, Illinois. 4 03-29-351-026 2250 Point Blvd., Elgin, IL Randall Lakes Limited Partnership, an Illinois limited partnership Legal Description: Part of Lot 6 of Randall Point Executive Center Subdivision,being a Subdivision of part of the Southwest Quarter of Section 29 and part of the Northwest Quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian,recorded as Document No.98K034512 in Kane County,Illinois,being that part of said Lot 6 lying South of a line described as follows:Commencing at the Northeast comer of said Lot 6;thence South 00 degrees 56 minutes 06 seconds West along the East line of said Lot 6,240 feet for the place of beginning of said line; thence West on a line that is 240 feet South of and parallel with the North line of said Lot 6,to a line drawn 35.02 feet West of and parallel with the East line of said Lot 6;thence South 00 degrees 56 minutes 06 seconds West along said parallel line to a point 375.86 feet South of the North line of said Lot 6;thence North 89 degrees 03 minutes 54 seconds West at right angles to the last described course to the West line of Lot 6 and the termination of said line, in the City of Elgin, Kane County, Illinois. 5 03-32-102-004 Vacant Hotel Site, Elgin, IL Randall Lakes Limited Partnership, an Illinois limited partnership C:\Documents and Settings\Richardp\Local Settings\Temporary Internet Files\OLK9\Affidavit-vI.doc Legal Description: Part of Lot 1 of Randall Point Executive Center Subdivision,Subdivision, being a Subdivision of part of the Southwest Quarter of Section 29 and part of the Northwest Quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian,recorded as Document No.98K034512 in Kane County,Illinois,lying West and Northwesterly of the following described line,Beginning at the most Westerly corner of Lot 8 of Randall Point Executive Center II, being a subdivision of part of the Northwest quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian,according to the Plat thereof recorded May 21,1999 as Document No. 1999K051203,and the Northerly right of way of the Illinois State Toll Highway,and the Southerly line of Lot 1 aforesaid;thence South 89 degrees 27 minutes 18 seconds East, 16.52 feet; thence North 59 degrees 33 minutes 38 seconds West, 13.06 feet;thence North 37 degrees 16 minutes 52 seconds East,30.95 feet;thence North 35 degrees 52 minutes 42 seconds West,50.23 feet; thence North 01 degrees 12 minutes 19 seconds West, 157.27 feet;thence North 53 degrees 52 minutes 13 seconds East, 128.31 feet;thence North 45 degrees 03 minutes 16 seconds West,56.91 feet;thence North 44 degrees 56 minutes 44 seconds East,47.10 feet to the Northerly line of said lot, and the terminus of said line, in the City of Elgin, Kane County, Illinois. 6 03-29-351-027 2230 Point Blvd., Elgin, IL 2230 Point Blvd., LLC an Illinois limited liability company Legal Description: That part of Lots 4, 5, and 6 in Randall Point Executive Center Subdivision,being a subdivision of part of the Southwest Quarter of Section 29 and part of the Northwest Quarter of Section 32,Township 42 North, Range 8, East of the Third Principal Meridian, Recorded as Document No. 98K034512, in Kane County, Illinois, described as follows, beginning at the Northeast corner of said Lot 4, thence South 00 degrees 57 minutes 46 seconds West along the East line of said Lot 4, a distance of 345.00 feet, thence North 89 degrees 17 minutes 06 seconds West,parallel with the North Line of said Randall Point Executive Center Subdivision, 235.00 feet, thence North 00 degrees 57 minutes 48 seconds East, parallel with said East line, 105.00 Feet to a line that is 240.00 Feet South of as measured at right angles to said North line; thence North 89 degrees 17 minutes 08 seconds West, along said parallel line 295.16 feet to a line that is 35.02 feet West of as measured at right angles to, and parallel with the West Line of said Lot 5, thence North 00 degrees 56 minutes 08 seconds West, along said parallel line 240.00 feet to the North line of said Randall Point Executive Center Subdivision; thence South 89 degrees 17 minutes 08 seconds East, along said North line, 530.28 feet to the point of beginning, in Kane County, Illinois. 7 03-29-351-025 2200 Point Blvd., Elgin, IL Randall Lakes Limited Partnership, an Illinois limited partnership Legal Description: That part of Lots 3,4 and 5 of Randall Point Executive Center Subdivision,being a Subdivision of part of the Southwest Quarter of Section 29 and part of the Northwest Quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian, recorded as Document No.98K034512 in Kane County,Illinois,described as follows:beginning at rok the Northeast corner of said Lot 3;thence South 00 degrees 57 minutes 46 seconds West along the C:\Documents and Settings\Richardp\Local Settings\Temporary Internet Files\OLK9\Affidavit-vI.doc • , p R East line of said lot 3,a distance of 278.59 feet to an angle point in said East line;thence South 00 degrees 49 minutes 21 seconds West along said East line,322.82 feet to the Southeast corner of said lot 3;thence Northwesterly along the Southerly line of said lot 3,being a curve concave Northeasterly,not tangent to the last described course,having a radius of 332.00 feet,a chord bearing of North 63 degrees 54 minutes 14 seconds West,a chord length of 271.11 feet,an arc length of 279.27 feet to the Southeast comer of said lot 5;thence Northwesterly along the Southwesterly line of said Lot 5,being a curve concave Northeasterly,not tangent to the last described course,having a radius of 332.00 feet,a chord bearing of North 32 degrees 12 minutes 56 seconds West,a chord length of 89.98 feet,an arc length of 90.25 feet,thence North 23 degrees 03 minutes 07 seconds West along said Southwesterly line, 122.83 feet;thence North 66 degrees 25 minutes 00 seconds East, 59.23 feet to a line parallel with the East line of said lot 4;thence North 00 degrees 57 minutes 46 seconds East along said parallel line,200.00 feet to a line parallel with the North line of said Lot 4; thence South 89 degrees 17 minutes 06 seconds East along said parallel line,55.00 feet to a line parallel with and 235.00 feet Westerly of as measured at right angles to,the East line of said lot 4; thence North 00 degrees 57 minutes 46 seconds East,along said parallel line,260.00 feet to a line parallel with the North line of said lot 4,and 345.00 feet South of,as measured along said East line; thence South 89 degrees 17 minutes 06 seconds East along said parallel line,235.00 feet to said Fast line;thence South 00 degrees 57 minutes 46 seconds West,along said West line, 187.11 feet to the point of beginning,except that part of said Lot 3 conveyed to the City of Elgin,by Document No. 98K052484,in the City of Elgin, Kane County, Illinois. 8 03-32-102-005 2205 Point Blvd., Elgin, IL RP3,LLC an Illinois limited liability company Legal Description: That part of Lot 1 and all of Lot 2 in Randall Point Executive Center Subdivision,being a Subdivision of that part of the Southwest Quarter of Section 29 and part of the Northwest Quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian according to the plat thereof recorded April 24, 1988 as Document No.98K034512;and part of Lot 8 in Randall Point Executive Center II,being a subdivision of part of the Northwest Quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian according to the Plat thereof recorded May 21, 1999 as Document No. 1999K051203,described as follows: beginning at the Northwest Corner of Said Lot 8;thence Easterly along the North line of said Lot 8, being a curve concave South having a radius of 1174.02 feet,an arc length of 59.38 feet,a chord bearing of South 84 degrees 35 minutes 40 seconds East and a chord distance of 59.38 feet;thence South 07 degrees 06 minutes 08 seconds West, 18.41 feet;thence South 01 degrees 12 minutes 19 seconds East,456.95;thence South 88 degrees 47 minutes 41 seconds West, 17.90 feet;thence South 85 degrees 15 minutes 07 seconds West,27.65 feet;thence South 88 degrees 47 minutes 41 seconds West,46.00 feet;thence South 89 degrees 56 minutes 32 seconds West, 17.09 feet to the Southerly line of said lot 8,also being the Northerly right-of-way of the Illinois State Toll Highway; thence North 58 degrees 03 minutes 52 seconds West along said Southerly line,396.69 feet;thence North 35 degrees 52 minutes 02 seconds West along said Southerly line and said Northerly line, 31.50 feet to the most Westerly corner of said Lot 8,also being a point on said Northerly right of way;thence South 89 degrees 27 minutes 18 seconds East along said Northerly right of way, 16.52 feet to the Southwest corner of said Lot 1,thence North 59 degrees 33 minutes 38 seconds West along the Southwesterly line of said Lot 1 and said Northerly right of way line, 13.06 feet;thence North 37 degrees 16 minutes 52 seconds East,30.95 feet thence North 35 degrees 52 minutes 42 C:\Documents and Settings\Richardp\Local Settings\Temporary Internet Files\OLK9\Affidavit-v I.doc • seconds West,50.23 feet;thence North 01 degrees 12 minutes 19 seconds West, 157.27 feet;thence North 53 degrees 52 minutes 13 seconds East, 128.31 feet;thence North 45 degrees 03 minutes 16 seconds West,56.91 feet;thence North 44 degrees 56 minutes 44 seconds East,47.10 feet to the Northerly line of said Lot,being a point on a curve through which a radial line bears South 47 degrees 54 minutes 08 seconds West,thence Southeasterly and Easterly along said Northerly line and its Easterly extension,being a curve concave Northerly having a radius of 432.00 feet,an arc length of 349.69 feet,a chord bearing of South 65 degrees 17 minutes 15 seconds East and chord distance of 340.22 feet,the Northeast corner of said Lot 2,also being a point on a West line of said Lot 8;thence North 00 degrees 39 minutes 39 seconds East along said West line, 13.15 feet to the point of beginning;except that part of said Lot 2 conveyed to the City of Elgin by Document No. 981052484,all in the City of Elgin,Dundee Township,Kane County,Illinois 9 03-32-126-006 2150 Point Blvd., Elgin, IL 2150 Point Blvd.,LLC an Illinois limited liability company Legal Description: Lot 1 in Randall Point Executive Center II, being a subdivision of part of the Northwest Quarter of Section 32,Township 42 North, Range 8 East of the Third Principal Meridian, according to the Plat thereof recorded May 21, 1999 as Document No. 1999K051203 (Excepting therefrom that part described as follows: beginning at the Southwest corner of said Lot; thence North 01 degrees 01 minutes 58 seconds East along the West line of said Lot 340.06 feet to the Northwest Corner thereof thence, South 88 degrees 12 minutes 29 seconds East along the North line of said lot, a distance of 488.49 feet; thence South 01 degrees 45 minutes 21 seconds West 329.60 feet; thence South 18 degrees 44 minutes 40 seconds West 116.03 feet to the Southerly line of said Lot; thence North 71 degrees 17 minutes 27 seconds West along said Southerly line 175.01 feet to a point of curve; thence continuing along said Southerly line being on a curve to the left having a radius of 1244.02 feet an arc distance of 292.68 feet to the point of beginning), (the chord of the last described curve being North78 degrees 17 minutes 04 seconds West 292.01 feet),in the City of Elgin, Kane County, Illinois, and also Lot 2 in said Subdivision (excepting therefrom that part described as follows: beginning at the Northeast corner of said Lot 2; thence 01 degrees 51 minutes 04 seconds West along the East line of said Lot 337.73 feet to the Southeast corner thereof, thence North 71 degrees 42 minutes 30 seconds West along the South line of said Lot a distance of 445.76 feet, thence North 18 degrees 31 minutes 54 seconds East 214.20 feet to the Northerly line of said Lot; thence Easterly along said Northerly line being on a curve to the left having a radius of 500 feet an arc distance of 38.01 feet (the chord of the last described curve bearing South 69 degrees 31 minutes 22 seconds East 37.10 feet); thence North 88 degrees 42 minutes 01 seconds East along said Northerly line 331.42 feet to the point of beginning,in the City of Elgin, Kane County, Illinois. 10 03-32-126-005 2170 Point Blvd, Elgin, IL 2170 Point Blvd.,LLC An Illinois limited liability company Legal Description: That part of Lot 1 in Randall Point Executive Center II,being a subdivision of part of the Northwest quarter of Section 32,Township 42 North, Range 8 C:\Documents and Settings\Richardp\Local Settings\Temporary Internet Files\OLK9\Affidavit-v I.doc •.. East of the Third Principal Meridian, according to the Plat thereof recorded May 21, 1999 as Document No. 1999K051203, described as follows: beginning at the Southwest corner of said Lot; thence North 01 degree 51 minutes 58 seconds East along the West line of said Lot; 340.08 feet to the Northwest corner thereof; thence South 88 degrees 12 minutes 29 seconds East along the North line of said Lot; a distance of 488.49 feet; thence South 01 degree 45 minutes 21 seconds West 329.60 feet; thence South 18 degrees 44 minutes 40 seconds West 116.03 feet to the Southerly line of the said Lot; thence North 71 degrees 32 minutes 40 seconds West along said Southerly line 175.01 feet to a point of curve; thence continuing along said Southerly line being on a curve to the left having a radius of 1244.02 feet an arc distance of 292.68 feet to the point of beginning, (the chord of the last described curve bearing North 78 degrees 17 minutes 04 seconds West 292.01 feet), In the City of Elgin,Kane County, Illinois 11 03-32-126-007 2130 Point Blvd., Elgin, IL RP2,: Limited Partnership an Illinois limited partnership Legal Description: That part of Lot 2 in Randall Point Executive Center in,being a subdivision of part of the Northwest quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian,according to the Plat thereof recorded May 21,1999 as document 1999K051203,described as follows:beginning at the Northeast corner of said lot 2;thence South 01 degree 51 minutes 04 seconds West along the East line of said lot 337.73 feet to the Southeast corner thereof;thence North 71 degrees 42 minutes 30 seconds West along the South line of said Lot a distance of 445.78 feet;thence North 18 degrees 31 minutes 54 seconds East 214.20 feet to the Northerly line of said Lot thence Easterly along said Northerly line being on a curve to the left having a radius of 50.0 feet an arc distance of 38.01 feet(the chord of the last described curve bearing South 69 degrees 31 minutes 22 seconds East 37.10 feet);thence North 88 degrees 42 minutes 01 seconds East along said Northerly line 331.42 feet to the point of beginning,in the City of Elgin,Kane County,Illinois. 12 03-32-129-002 2155 Point Blvd., Elgin, IL RP2 Limited Partnership, an Illinois limited partnership Legal Description: The West 60 feet of Lot 7 in Randall Point Executive Center in,being a subdivision of part of the Northwest quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian,according to the Plat thereof recorded May 21,1999 as Document 1999K051203,in the City of Elgin, Kane County, Illinois 13 03-32-129-003 2155 Point Blvd., Elgin, IL RP2 Limited Partnership, an Illinois limited partnership Legal Description: Lot 7 (except the West 60 feet thereof)in Randall Point Executive Center in,being a subdivision of part of the Northwest quarter of Section 32,Township 42 North, Range 8 East of the Third Principal Meridian,according to the Plat thereof recorded May 21,1999 as Document 1999K051203,in the City of Elgin,Kane County,Illinois. r C:\Documents and Settings\Richardp\Local Settings\Temporary Internet Files\OLK9\Affidavit-vl.doc • 14 03-32-129-006 2175 Point Blvd., Elgin, IL RP2 Limited Partnership, re- an Illinois limited partnership Legal Description: Part of Lot 8 in Randall Point Executive Center n,being a Subdivision of that part of the Northwest quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian,according to the Plat thereof recorded May 21,1999 as document number 1999K051203,in the City of Elgin,Kane County,Illinois,lying East and South of the following described line:Commencing at the Northwest corner of said lot 8;thence Easterly along the North line of said lot 8,being a curve concave South having a radius of 1174.02 feet,an arc length of 59.38 feet,a chord bearing of South 84 degrees 35 minutes 40 seconds East and a chord distance of 59.38 feet for the point of beginning of said line;thence South 07 degrees 06 minutes 08 seconds West, 18.41 feet;thence South 01 degrees 12 minutes 19 seconds East,456.95 feet;thence South 48 degrees 47 minutes 41 seconds West,17.90 feet;thence South 85 degrees 15 minutes 07 seconds West,27.65 feet;thence South 88 degrees 47 minutes 41 seconds West,46.00 feet;thence South 89 degrees 56 minutes 32 seconds West, 17.09 feet to the Southerly line of said lot 8 and the terminus of said line,in the City of Elgin,Kane County, Illinois. 15 03-32-129-007 2135 Point Blvd., Elgin, IL RP2 Limited Partnership, an Illinois limited partnership Legal Description: Lots 5 and 6 in Randall Point Executive Center n,being a Subdivision of that part of the Northwest quarter of Section 32,Township 42 North,Range 8 East of the Third Principal Meridian,according to the Plat thereof recorded May 21,1999 as document number 1999K051203,in the City of Elgin,Kane County,Illinois except that part described as follows: Commencing at the Northeast comer of said Lot 5;thence South 01 degrees 51 minutes 04 seconds West along the East line thereof 261.17 feet to the point of beginning;thence continuing South 01 degrees 51 minutes 04 seconds West along said East line 717.51 feet to the Southeast corner of said lot;thence North 58 degrees 15 minutes,32 seconds West along the South line of said lot and the South line of said Lot 6,a distance of 394.49 feet;thence North 01 degrees 51 minutes 04 seconds East along a line 342.02 feet West of and parallel with the East line of said Lot 5,a distance of 622.91 feet;thence South 51 degrees 32 minutes 41 seconds East 356.90 feet to the point of beginning,in the City of Elgin,Kane County, Illinois. 16 03-29-351-019 2290 Point Blvd., Elgin, IL North Star Trust Company Trust No. 01-3941 d/b/a Jimmy's Charhouse Legal Description: Lot 7 of Randall Point Executive Center Subdivision being a Subdivision of part of the Southwest Quarter of Section 29 and Part of the Northwest Quarter of Section 32,Township 42 North, Range 8 East of the Third Principal Meridian, recorded as Document No. 98K034512,in Kane County, Illinois, except that part described as follows: beginning at the Northeast corner of said Lot 7; thence South 00 degrees 56 minutes 06 seconds West along the East line of said Lot 7, a distance of 494.93 feet to the Southeast corner of said Lot 7; thence North 59 degrees 05 minutes 22 seconds West along the Southwesterly line of said Lot 7, a distance of 14.45 feet to an angle point in said Southwesterly line; thence North 36 degrees 25 minutes 23 seconds West along said C:\Documents and Settings\Richardp\Local Settings\Temporary Internet Files\OLK9\Affidavit-vI.doc • Southwesterly line, 181.76 feet; thence North 56 degrees 57 minutes 25 seconds East, 29.00 feet; thence South 89 degrees 03 minutes 54 seconds East, 79.16 feet to a line that is parallel with and 19.60 feet Westerly of, as measured at right angles to the East line of said Lot 7; thence North 00 degrees 56 minutes 06 seconds East along said parallel line,at right angles to the last described course, 326.96 feet to the North line of said Lot 7; thence South 89 degrees 17 minutes 06 seconds East along said North line to the point of beginning, except that part of said Lot 7 conveyed to the City of Elgin, by Document No. 98K052484,in the City of Elgin, Kane County, Illinois. 17 03-32-129-008 2125 Point Blvd., Elgin, IL GE Commercial Finance Business Property Corporation Legal Description: Part of Lots 5 and 6 in Randall Point Executive Center II, being a Subdivision of that part of the Northwest Quarter of Section 32,Township 42 North, Range 8 East of Third Principal Meridian, according to the Plat thereof recorded May 21, 1999 as Document No. 1999K051203, the City of Elgin, Kane County, Illinois, described as follows: commencing at the Northeast corner of said Lot 5; thence South 01 degrees 51 minutes 04 seconds West along the East line thereof 261.17 feet to the point of beginning, thence continuing South 01 degrees 51 minutes 04 seconds West along said East line 717.51 feet to the Southeast corner of said Lot, thence North 58 degrees 15 minutes, 32 seconds West along the South line of said Lot and the South line of said Lot 6, a distance of 394.49 feet; thence North 01 degrees 51 minutes 04 seconds East along a line 342.02 feet West of and parallel with the East line of said Lot 5, a distance of 622.91 feet thence South 51 degrees 32 minutes 41 seconds East 356.90 feet to the point of beginning,in the City of Elgin, Kane County, Illinois. F C:\Documents and Settings\Richardp\Local Settings\Temporary Internet Files\OLK9\Affidavit-v1.doc } s EXTRACT OF MINUTES of a regular public meeting of the City Council of the City of Elgin, Kane and Cook Counties, Illinois, held at the City Hall, 150 Dexter Court, Elgin,Illinois, in said City, at 7:00 p.m., on the 10th day of September, 2008. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon roll call, the following answered present at said location: Ed Schock, the Mayor, and the following Council Members were physically present at said location: Juan Figueroa, Robert Gilliam,David Kaptain, John Steffen, and John Walters The following Council Members were allowed by a majority of the members of the City Council in accordance with and to the extent allowed by rules adopted by the City Council to attend the meeting by video or audio conference: None No Council Member was not permitted to attend the meeting by video or audio conference. The following Council Members were absent and did not participate in the meeting in any manner or to any extent whatsoever: None Thereupon, Mayor Schock presented and read by title an ordinance as follows, a copy of which was provided to each Council Member prior to said meeting and to everyone in attendance at said meeting who requested a copy: 0-6-0-Propose SSA 19-Randall Pt Exec Ctr-T31-08.doc 2159861-kk-9/18/08