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T33-08 (2) f , 1 11111111111111111111111 2 0 0 6 K 0 8 9 6 2 4 SANDY W E G M A N RECORDER - KANE COUNTY, IL RECORDED: 12/5/2'3:: 33:49 PM REC FEE: 50.00 PAGES: 29 ORDINANCE NO. T33-08 AN ORDINANCE ESTABLISHING SPECIAL SERVICE AREA NUMBER 19 OF THE CITY OF ELGIN, KANE AND COOK COUNTIES, ILLINOIS FOR THE RANDALL POINT EXECUTIVE CENTER AND THE RANDALL POINT EXECUTIVE CENTER II After recording return to: William A. Cogley Corporation Counsel City of Elgin-Legal Department 150 Dexter Court Elgin, IL 60120 State of Illinois ) County of Kane) ss City of Elgin ) Recording Information CERTIFICATE OF CITY CLERK I, Diane Robertson, DO HEREBY CERTIFY that I am the duly qualified and acting City Clerk of the City of Elgin, in the Counties of Kane and Cook in the State of Illinois (the "City"), and that as such official I am the keeper and custodian of the files and records of said 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 8th day of October, 2008 (the "Meeting"), insofar as same relates to the adoption of Ordinance No. T33-08 entitled: AN ORDINANCE establishing Special Service Area Number 19 of the City of Elgin, Kane and Cook Counties, Illinois for the Randall Point Executive Center and the Randall Point Executive Center II (the "ordinance"), a true, correct and complete copy of the Ordinance as adopted at the Meeting appears in the foregoing transcript of the minutes of the 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 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, t ,' 4:' : of October, 2008. - City Clerk ///'ti. • r t CITY OF ELGIN, ILLINOIS COUNCIL AGENDA CITY COUNCIL CHAMBERS Regular Meeting 7:00 P.M. October 8, 2008 Call to Order Invocation—Pastor Willie Tate of Progressive Baptist Church Pledge of Allegiance Roll Call Minutes of Previous Meeting— September 24, 2008 Communications • Proclamation Recognizing Domestic Violence Awareness Month Recognize Persons Present Bids 1. #08-058A Police Motorcycle Purchase ($30,000) 2. #08-075 Riverside Filter Media Removal and Replacement ($159,369) 3. #08-081 Tracked Sidewalk Snow Removal Unit ($45,800) Other Business (0) 1. Continued Consideration of Petition 84-06 Requesting Annexation, Zoning and Preliminary Plat Approval for a Residential Subdivision; Property Commonly Known as 1901 Villa Street; by Ryland Homes, as Applicant and VO-Land, LLC, as Owner (This item must be removed from the table) 2. Continued Consideration of Petition 85-06 Requesting Annexation, Zoning and Preliminary Plat Approval for a Commercial Subdivision; Property Commonly Known as 1951 Villa Street; by VO-Land, LLC, as Applicant and Owner (This item must be removed from the table) 3. Consideration of Petition 21-08 Requesting a Conditional Use in the PAB Planned Area Business District, to Permit a Package Liquor Sales Establishment; Property Located at 1350 East Chicago Street by Shrina, Inc. DBA / Elgin Liquor and Jayesh and Smita Patel, as Applicants, and Dearborn Construction and Development, Ltd., as Owner Exh //D+ /Z. City Council Agenda—October 8, 2008 Page 2 4. Consideration of Petition 39-08 Requesting a Map Amendment from RC2 Residence Conservation District to PCF Planned Community Facility District and CF Community Facility District to PCF Planned Community Facility District, to Permit the Construction of a Parking Lot and Building Addition, Property Located at 1405 Wing Street, 1406 and 1418 Harlan Avenue, by New Hope Mission Baptist Church, as Applicant and Owner 5. Resolution Accepting for Ownership and Maintenance the Public Improvements in the Hercana Place Subdivision 6. Ordinance Amending Chapter 6.06 of the Elgin Municipal Code, 1976, as amended, Entitled "Alcoholic Liquor Dealers" 7. Ordinance Establishing Special Service Area Number 19 of the City of Elgin, Kane and Cook County, Illinois for the Randall Point Executive Center and the Randall Point Executive Center II (Materials to Follow) 8. Authorization for Payments **Consent Agenda (C) 1. Resolution Authorizing Execution of an Agreement with Cowhey Gudmundson Leder, Ltd. for Engineering Services Regarding Development of a New Beef Villa Restaurant 2. Resolution Authorizing Execution of a Second Amendment to Development Agreement with Randall 90, LLC, Heath 79 LLC, SWC Rand & Willow LLC, and Wolfe and Laraway LLC for the Development of an Auto Mall 3. Resolution Authorizing Execution of a Plat of Vacation of Public Utility Easements at Jaynes Industrial Park 4. Resolution Authorizing Execution of a Release and Satisfaction of Judgment for Case No. 04 OV 1414 Entitled City of Elgin v. Catherine McDaniel (607 Douglas Avenue) 5. Resolution Approving Change Order No. 7 in the Contract with Artlow Systems for Fire Station No. 7 6. Resolution Approving Change Order No. 8 in the Contract with Reike Office Interiors for Fire Station No. 7 7. Resolution Naming Various City Parks 8. Resolution Authorizing Execution of a Second Amendment to Annexation Agreement with West Ridge Community Christian Church and Old Second National Bank of Aurora (3170 Route 20) 9. Ordinance Amending PNB Planned Neighborhood Business District Ordinance No. G5-05 and PCF Planned Community Facility District Ordinance No. G95-05; Reclassifying City Council Agenda—October 8, 2008 Page 3 Property to PAB Planned Area Business District; Granting Approval of a Commercial/Residential Building in the ARC Arterial Road Corridor Overlay District (3300 Encounter Lane, 3170 Route 20 and 3180 Route 20) 10. Ordinance Amending an Ordinance Classifying Territory in the PCF Planned Community Facility District (West Ridge Community Church Subdivision — 3170 Route 20) Miscellaneous Business (M) I. Hotel/Motel Tax for July 2008 2. Elgin Sales Tax for June 2008 3. Emergency Telephone System Board Meeting Minutes for August 21, 2008 4. Elgin Heritage Commission Meeting Minutes for August 5, 2008 5. Elgin Heritage Design Review Subcommittee Meeting Minutes for September 9, 2008 6. Zoning and Subdivision Hearing Board Meeting Minutes for August 20, 2008 7. Committee of the Whole Minutes for September 10, 2008 are on file and available on City website 8. City Council Minutes for September 10, 2008 are on file and available on City website Announcements Next Committee of the Whole Meeting, Wednesday, October 22, 2008, at 6:00 p.m., in the City Council Chambers Next Regular Meeting of the Elgin City Council, Wednesday, October 22, 2008, at 7:00 p.m. in the City Council Chambers Adjournment **All matters listed under Consent Agenda are considered to be routine and non-controversial by the City Council and will be enacted by one motion and one roll call vote. There will be no separate discussion of these items. If discussion is desired by a Council member or citizen, that item will be removed from the Consent Agenda and will be considered separately immediately after approval of the Consent Agenda. Citizens desiring discussion on any item listed under the Consent Agenda should contact a Council member prior to the meeting and request that the item be removed for discussion. The City of Elgin is subject to the requirements of the Americans with Disabilities Act of 1990. Individuals with disabilities who plan to attend this meeting and who require certain accommodations in order to allow them to observe and/or participate in this meeting, or who have questions regarding the accessibility of the meeting or the facilities, are requested to contact the Human Resources Department at (847) 931-5618 or TT/TDD (847) 931-5616 promptly to allow the City of Elgin to make reasonable accommodations for those persons. 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 8th day of October, 2008. The Mayor called the meeting to order and directed the City Clerk to call the roll. Upon the roll being called, Ed Schock, the Mayor, and the following Council Members were physically present at said location: Gilliam, Kaptain, Steffen, and 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: Juan Figueroa Mayor Schock presented, and read by title, the following ordinance, which was laid before the City Council and made available to any person in attendance requesting a copy in words and figures as follows: ORDINANCE No. T33-08 AN ORDINANCE Establishing Special Service Area Number 19 of the City of Elgin, Kane and Cook Counties, Illinois for the Randall Point Executive Center and the 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 (the "SSA Act"), and pursuant to the provisions of the Property Tax Code, as amended; and r r WHEREAS the City Council of the City (the "Council") has heretofore, and it hereby is, determined that it is in the public interest that the area hereinafter described be established as Special Service Area Number 19 of the City for the purposes set forth herein (the "Area"); and WHEREAS the Area is compact and 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 the creation of a special service area other than the Area has not been proposed in the territory hereinafter described during the two (2) years preceding the date of adoption of this Ordinance; and WHEREAS the purpose of the establishment of the Area and the issuance of the hereinafter defined Bonds is to pay the costs of municipal services to be provided, namely, the following: 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"); and WHEREAS the Area will benefit specially from the Services, 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 the Area be established; and WHEREAS it has heretofore been and it is hereby estimated that the cost of providing the Services is not more than $580,000 plus investment earnings thereon; and WHEREAS it is in the public interest that bonds (the "Bonds") in an amount not to exceed $580,000 and secured by the full faith and credit of the Area be issued for the purpose of paying the cost of providing the Services; and -2- 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, or any of them; and 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 (the "Bond Taxes"); and WHEREAS the Bond Taxes 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; and WHEREAS the establishment of the Area was proposed by the Council pursuant to 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) (the "Proposing Ordinance"), duly adopted on the 10th day of September, 2008, and was considered at a public hearing (the "Hearing") duly held on the 24th day of September, 2008, by the Council, all pursuant to and as provided in the SSA Act; and -3- WHEREAS notice of the Hearing was 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; and WHEREAS mailed notice of the Hearing was given by depositing 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 not less than ten (10) days prior to the time set for the Hearing, and in the event taxes for the last preceding year were not paid, the notice was sent to the person or persons last listed on the tax rolls prior to that year as the owner or owners of said property; and WHEREAS said notice as published and as mailed complied with all of the applicable provisions and requirements of the SSA Act; and WHEREAS all interested persons affected by the establishment of the Area or the issuance of the Bonds and the levy of the Bond Taxes, including all owners of real estate located within the Area, were given an opportunity to be heard at the Hearing regarding the establishment of the Area and the issuance of the Bonds and the levy and imposition of the Bond Taxes and an opportunity to file objections to the establishment of the Area or the issuance of the Bonds and the levy and imposition of the Bond Taxes; and WHEREAS the Council heard and determined all protests and objections at the Hearing; and WHEREAS the Hearing was finally adjourned on the 24th day of September, 2008; and WHEREAS the City expects that all electors, if any, residing within the Area and all of the owners of record of land included within the boundaries of the Area will file with the City Clerk of the City within 60 days of the final adjournment of the Hearing a waiver, in substantially the form set forth in EXHIBIT A, attached hereto and incorporated herewith, waiving their respective -4- rights (among other items) to object to the creation of the Area, the levy or imposition of the Bond Taxes or the issuance of the Bonds for the provisions of Services to the Area; and WHEREAS the Council has determined and does hereby determine that it is in the public interest and in the interest of the City and the Area that the Area be established at this time: 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. The preambles of this Ordinance are hereby incorporated into this text as if set out herein in full. Section 2. The Area is hereby established in and for the City and shall consist of the territory described in EXHIBIT B attached hereto and made a part hereof by this reference. The Area is known as (i) Randall Point Executive Center Subdivision and (ii) Randall Point Executive Center II Subdivision. 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 Sleepy Hollow Road on the east. The permanent tax index number of each parcel located in the Area is set forth in EXHIBIT C attached hereto and made a part hereof by this reference. An accurate map of the Area is attached hereto as EXHIBIT D and made a part hereof. Section 3. The purpose of the establishment of the Area is to pay the cost of providing the Services to the Area. Section 4. The Bonds, in not to exceed the aggregate principal amount of$580,000 and secured by the full faith and credit of the Area, are hereby expressly authorized to pay the cost of the Services, and the Bonds shall be retired over a period of 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 -5- average 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 the Bonds, if issued, shall be retired by the levy of the Bond Taxes, being a direct annual tax sufficient to pay the principal and interest thereon, said tax to be extended upon all property subject to taxation within the Area, for said period of not to exceed 20 years and to be unlimited as to rate or amount and in addition to all other taxes permitted by law. Section S. The City Clerk is hereby directed to file a certified copy of this Ordinance creating the Area, including an accurate map thereof, with the County Clerks and County Recorders of The Counties of Kane and Cook not later than 60 days after the date of adoption of this Ordinance. -6- Section 6. 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 at the earlier of(a) the receipt by the City Clerk of the City of the waivers referenced in the preambles hereto from all electors, if any, residing within the Area and all of the owners of record of land included within the boundaries of the Area, or (b)the passage of 60 days from the final adjournment of the Hearing, during which time no petition signed by at least 51% of the electors, if any, residing within the Area and by at least 51% of the owners of record of land included within the boundaries of the Area was filed with the City Clerk of the City objecting to the creation of the Area, the levy or imposition of the Bond Taxes or the issuance of the Bonds for the provision of Services to the Area. AYES: Gilliam, Kaptain,Steffen, Walters and Mayor Schock NAYS:None ABSTENTIONS: ABSENT: Juan Figueroa Adopted this 8th day of October, 2008. Approved this 8th day of October, 2008. s/ Ed Schock Mayor, City of Elgin, Kane and Cook Counties, Illinois ATTEST: s/Diane Robertson City Clerk, City of Elgin, Kane and Cook Counties, Illinois -7- EXHIBIT A REPRESENTATION,WAIVER AND CONSENT September 10, 2008 City Council City of Elgin Kane and Cook Counties, Illinois Chapman and Cutler LLP 111 West Monroe Street Chicago, Illinois Re: City of Elgin, Kane and Cook Counties, Illinois Establishment of Special Service Area Number 19 Ladies and Gentlemen: [Name of Owner], [Address] (the "Corporation"), hereby certifies that it is the corporation in whose name legal title exists to the land described on Exhibit A attached hereto and made a part hereof(the "Land") and has been such legal owner of record since , . The permanent tax index number of each parcel comprising the Land is set forth in Exhibit B attached hereto and made a part hereof As such owner of record, the Corporation represents the following: 1. The Land comprises a portion of the territory to be included in Special Service Area Number 19 (the "Area") of the City of Elgin, Kane and Cook Counties, Illinois (the "City"). 2. At 7:00 p.m., on the 24th day of September, 2008, at the City Hall, 150 Dexter Court, Elgin, Illinois, a public hearing (the "Hearing") is scheduled to be held by the City -8- Council (the "Corporate Authorities") of the City to consider the establishment of the Area and the issuance of the Bonds defined below and the imposition of certain direct annual taxes. It is expected that the Hearing will be finally adjourned that same night. 3. At the Hearing, the Corporate Authorities will consider the (a) the establishment of the Area and (b) issuance of bonds (the "Bonds") in an amount not to exceed $580,000 and secured by the full faith and credit of the Area to pay the cost of the special services (the "Services"); all as described in the ordinance proposing the Area, which ordinance is expected to be passed by the Corporate Authorities on the 10th day of September, 2008. 4. 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, or any of them. The Bonds shall be retired by the levy of a direct annual tax sufficient 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 (the "Unlimited Bond Taxes"). 5. The Corporate Authorities will consider the establishment of the Area, which will include the authority to issue the Bonds pursuant to an ordinance or ordinances to be adopted within 60 days following the final adjournment of the Hearing. -9- 6. A map of the Area is set forth as Exhibit C attached hereto and made a part hereof. 7. The Corporation is one of the owners of record of the territory comprising the Area. 8. The Corporation received proper, complete and timely notice of the Hearing. 9. If so desired, the Corporation will be represented at the Hearing. Being fully apprised of the above-mentioned and based on the representations made hereto, the Corporation, as the owner of record of the Land, which is part of the Area, irrevocably waives, relinquishes and gives up any and all rights, remedies, or causes of action that the Corporation may have: (A) As a result of any defect, either procedural and jurisdictional, in the proceedings establishing the Area; (B) To file a petition at anytime objecting to the creation of the Area, the issuance of the Bonds or the levy of the Unlimited Bond Taxes, and any rights otherwise provided to an owner of record pursuant to the provisions of the Special Service Area Tax Law of the State of Illinois, as amended; or (C) To assign, sell, convey, or otherwise transfer the Land, or any interest therein, prior to or within 60 days following the final adjournment of the Hearing unless any subsequent owner of record of the Land executes a waiver containing language identical to (A), (B) and (C) hereof, and such waiver is delivered to and accepted by the City. The Corporation further represents, covenants, and certifies to the following: 1. The undersigned individual is a duly authorized officer of the Corporation, and as such is an officer with the proper corporate authority to execute this document, all necessary corporate authorizations antecedent or precedent to this action having been properly taken. 2. The Area will benefit specially from the Services, and areas outside the boundaries of the Area may be benefited by the Services. The Corporation hereby irrevocably -10- waives any and all objections, rights, remedies or causes of action that it may have in connection with such benefits realized by such other areas. 3. The Corporation will indemnify and hold harmless the City and the addressees of this waiver from any and all loss or damage caused by action in reliance upon the validity hereof. IN WITNESS WHEREOF the Corporation has caused this waiver to be executed and attested in its name, all as of the date first hereon written. [NAME OF OWNER] By(signature) (typed name) Its (title) ATTEST: By (signature) (typed name) Its (title) [CORPORATE SEAL] Subscribed and sworn to before me this day of September, 2008. Notary Public My commission expires: (NOTARY SEAL) -11- EXHIBIT B 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 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 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 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32,A 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. -2- EXHIBIT C 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 A-1 . , • • • •, '.• • • . . . . . • EXHIBIT D . . • • • . . . . . : - - -. -.• . . - - Map prAtea •• . . . . • . .. . . . • . . • • .. . • ... • . . .....,_ • •.. ... r -- ... . ... :.... r .. ... ......w......,.........,..”......,,,,,,,,,,,,,,,...-••- .. . .. linir„1 EMI 1 ... ... ....,.: . • .. , — ....;%_,, ... . . .. ........ . .. ........ 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' .-:..-:::-.....-1-::...: ::..---:-.:-.,.--:..i.::',:•:'.....:.:::0::;::::,":'•-•::•:-.;:...:•:...:::::.:-:::':: :::-,.:••::::;......::::;:i-,:'.."....ii.7.•A;::-.Z.:•'.:....:.-.•:.i.....:::-................:::.i............i.......,:•::::::::::.::::-....•.,-..:•,..,..--•-i...)-:...:•-:::.?.--;-::::........:::::::-......-::....•....,::::::_::::;..::::::::••:..E..::,...:,...........,,:....:•::..:,........:.::.•• .;:•... ....-........•-.:......!.........::-.:-• ::::::/...,'„:::.;'...:-.:-.:;•::,.:..-.. - :- -:. Council Member Steffen moved and Council Member Walters 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: Gilliam, Kaptain, Steffen, Walters and 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. s/Diane Robertson City Clerk DESCRIPTION OF THE SPECIAL SERVICES TO BE PROVIDED The Special Services to be provided for the Special Service Area #19 of the City of Elgin, Kane and Cook Counties, Illinois for the Randall Point Executive Center and the Randall Point Executive Center II is 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 proposed Special Service Area, and the purpose of the establishment of the proposed Special Service Area is to pay the cost of such municipal services to be provided. -2- 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"): 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 SOUTI-IWEST QUARTER OF SECTION 29 AND '1'HA'1' PART OF THE NORTH HALF OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32,TOWNSHIP 42 NORTH,RANGE 8 EAST OF TI-IE 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 'POLL 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 EXCEPT THAT PART TAKEN IN CASE 96EDKA0010 BY ILLINOIS STATE TOLL I-IIGHWAY AUTHORITY) IN THE CITY OF ELGIN,DUNDI+: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 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 FEE'!) 1'0 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 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 SEC:TION 32; THENCE NORTH 01 DEGREE 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 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 FEF:I'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 THF, POINT OF BEGINNING, (EXCEPT ANY PARI' CONVEYED TO ILLINOIS STATE TOLL HIGHWAY AUTHORITY BY DEED RECORDED JULY 28, 1989 DOCUMENT 1987287) BEING SITUATED IN CTI'Y OF ELGIN, KANE COUNTY, ILLINOIS. 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: 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 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 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 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. . ft 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 s STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) SPECIAL SERVICE AREA FILING CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting County Recorder of The County of Kane, Illinois, and as such official I do further certify that on the day of , 2008, there were filed in my office duly certified copy of an ordinance establishing Special Service Area Number 19 (the "Area") of the City of Elgin, Kane and Cook Counties, Illinois (the "City"), entitled: AN ORDINANCE establishing Special Service Area Number 19 of the City of Elgin, Kane and Cook Counties, Illinois for the Randall Point Executive Center and the Randall Point Executive Center II duly adopted by the City Council of the City on the 8th day of October, 2008; that said ordinance contains a legal description of the territory of the Area, the permanent tax index numbers of the parcels located within the territory of the Area, an accurate map of the territory, and a description of the special services to be provided; that said ordinance has been recorded no later than 60 days after the date the ordinance was adopted; and that said ordinance, along with the notice of the public hearing held in connection with the establishment of the Area, has been deposited in the official files and records of my office. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County, this day of , 2008. County Recorder of The County of Kane, Illinois (SEAL) , • 1 STATE OF ILLINOIS ) ) SS COUNTY OF KANE ) SPECIAL SERVICE AREA FILING CERTIFICATE I, the undersigned, do hereby certify that I am the duly qualified and acting County Clerk of The County of Kane, Illinois, and as such official I do further certify that on the _day of , 2008, there were filed in my office duly certified showings to support the establishment of Special Service Area Number 19 (the "Area") of the City of Elgin, Kane and Cook Counties, Illinois (the "City") as follows: 1. Certified copy of Ordinance No. T33-08 entitled: AN ORDINANCE establishing Special Service Area Number 19 of the City of Elgin, Kane and Cook Counties, Illinois for the Randall Point Executive Center and the Randall Point Executive Center II duly adopted by the City Council of the City on the 8th day of October, 2008; and 2. An accurate map of the Area, and that the same have been deposited in the official files and records of my office. IN WITNESS WHEREOF I hereunto affix my official signature and the seal of said County, this day of , 2008. County Clerk of the County of Kane, Illinois (SEAL) KANE COUNTY CLERK TAX EXTENSION DEPARTMENT FILING RECEIPT 630/232-5965 DATE: UNIT OF GOVERNMENT: Ete4,(1‘ S r 1 y 4— PERSON FILING: Receipt of the following named item(s)is hereby acknowledged: 55 fit et,LtO • -r�� 3 - o By: ke..-)%y -�DCLERK ICANE COUNTY • OF C... `` yM� • '~ City of Elgin Memorandum j , T \k1I1 ?'TED 0' Date: September 3, 2008 To: Mayor and Members of the City Council Olufemi Folarin, City Manager From: William A. Cogley, Corporation Counsel Subject: Proposed Special Service Area 19 for the Randall Point Executive Center and the Randall Point Executive Center II Attached is the ordinance proposing Special Service Area 19 for the Randall Point Executive Center and the Randall Point Executive Center II. As I have previously advised the City Council, Richard Panichi of Pancor Construction and Development LLC is the developer of the Randall Point Executive Center and the adjacent Randall Point Executive Center II. The property is located at the northwest corner of Randall Road and I-90. The developer must proceed with further improvements to the Point Boulevard and Randall Road intersection. Point Boulevard is the entry road into the development. These intersection improvements include dual left turn lanes on Point Boulevard, dual left turn lanes on Randall Road, miscellaneous other improvements to Randall Road and upgrading the traffic signals. The estimated cost of the intersection improvements is approximately $550,000. Randall Road is under the jurisdiction of Kane County. Point Boulevard is under the jurisdiction of the city. The various improvements will be owned by either Kane County or the city. Mr. Panichi has approached the city and requested that the city establish a Special Service Area for the subject property. Attached is the application of the majority of owners within the proposed Special Service Area. The purpose of the Special Service Area would be to provide funds in which to pay for the intersection improvements. Pursuant to such a Special Service Area the city would sell bonds which would be repaid by the levy of a direct ad valorem tax on the subject properties for a period of 20 years. The city as a home rule unit is authorized to create Special Service Areas in the city. The city must follow the procedures set forth in the Special Service Area tax law provided for at 35 ILCS 200/27-5 et seq. The procedures under the Special Service Area tax law require the city to adopt an ordinance proposing the Special Service Area and scheduling a public hearing thereon. The public hearing would be scheduled for the next city council meeting on September 24, 2008, at 7:00 p.m. Mayor and members of the City Council -2- September 3, 2008 Olufemi Folarin Thereafter, an additional ordinance would be necessary to create the Special Service Area and authorize the sale of the subject bonds. IT (4i WAC mg Attachment cc: Sean R. Stegall (via e-mail; w/attach.) James R. Nowicki (via e-mail; w/attach.) Kelly Kost (via e-mail; w/attach.) yOFESC 0 ^ 3 ��, s„uM .\�i City of Elgin Memorandum o ft\ .9 41TO Fig. Date: September 17, 2008 To: Mayor and Members of the City Council Olufemi Folarin, City Manager From: William A. Cogley, Corporation Counsel Subject: Public Hearing on Proposed Special Service Area 19 for the Randall Point Executive Center and the Randall Point Executive Center II Item 0-3 is the public hearing on the proposed Special Service Area 19 for the Randall Point Executive Center and the Randall Point Executive Center II. Attached for your information is an additional copy of my September 3, 2008 memorandum to you summarizing this matter along with Ordinance No. T31-08 adopted by the City Council on September 10, 2008, proposing the Special Service Area and scheduling the subject public hearing. rIw WAC mg Attachment cc: Sean R. Stegall (via e-mail; w/attach.) oFE4c � M�,� City of Elgin Memorandum O49rEiiv Date: September 3, 2008 To: Mayor and Members of the City Council Olufemi Folarin, City Manager From: William A. Cogley, Corporation Counsel Subject: Proposed Special Service Area 19 for the Randall Point Executive Center and the Randall Point Executive Center II Attached is the ordinance proposing Special Service Area 19 for the Randall Point Executive Center and the Randall Point Executive Center II. As I have previously advised the City Council, Richard Panichi of Pancor Construction and Development LLC is the developer of the Randall Point Executive Center and the adjacent Randall Point Executive Center II. The property is located at the northwest corner of Randall Road and I-90. The developer must proceed with further improvements to the Point Boulevard and Randall Road intersection. Point Boulevard is the entry road into the development. These intersection improvements include dual left turn lanes on Point Boulevard, dual left turn lanes on Randall Road, miscellaneous other improvements to Randall Road and upgrading the traffic signals. The estimated cost of the intersection improvements is approximately $550,000. Randall Road is under the jurisdiction of Kane County. Point Boulevard is under the jurisdiction of the city. The various improvements will be owned by either Kane County or the city. Mr. Panichi has approached the city and requested that the city establish a Special Service Area for the subject property. Attached is the application of the majority of owners within the proposed Special Service Area. The purpose of the Special Service Area would be to provide funds in which to pay for the intersection improvements. Pursuant to such a Special Service Area the city would sell bonds which would be repaid by the levy of a direct ad valorem tax on the subject properties for a period of 20 years. The city as a home rule unit is authorized to create Special Service Areas in the city. The city must follow the procedures set forth in the Special Service Area tax law provided for at 35 ILCS 200/27-5 et seq. The procedures under the Special Service Area tax law require the city to adopt an ordinance proposing the Special Service Area and scheduling a public hearing thereon. The public hearing would be scheduled for the next city council meeting on September 24, 2008, at 7:00 p.m. Mayor and members of the City Council -2- September 3, 2008 Olufemi Folarin Thereafter, an additional ordinance would be necessary to create the Special Service Area and authorize the sale of the subject bonds. att4) WAC mg Attachment cc: Sean R. Stegall (via e-mail; w/attach.) James R. Nowicki (via e-mail; w/attach.) Kelly Kost (via e-mail; w/attach.) 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 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 -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- 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 -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 deteirnine all protests and objections at the -5- 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 -6- Section 5. 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: NAYS: ABSENT: PASSED this 10th day of September, 2008. APPROVED this 10th day of September, 2008. Ed Schock, Mayor, City of Elgin, Kane and Cook Counties, Illinois Attest: Diane Robertson, City Clerk, City of Elgin, Kane and Cook Counties, Illinois -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, TT.T INOIS 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 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 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 IT.T INOIS 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 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32, A 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. -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 Council Member moved and Council Member 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: The following Council Members voted NAY: 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 Robertson, City Clerk STATE OF ILLINOIS ) ) 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 day of September, 2008. Diane Robertson, City Clerk [SEAL] 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 Intemetfiles\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 er hisp 3, an Illinois general partnership e Its General i tl r By: `-'t_ Richard M. Penchi, a-partner4 RP2 Limited Partnership, an Illinois limited partnership By: Randall Point 2 LLC, an Illinois limited liability company Its General Partner By: �A+•.� Richard M. Panichi,-a marra7r s 4-4 C:\Documents and Settings\Richardp\Local Settings\Temporary Internetliles\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 OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 32,A C:\Documents and Settings\Richardp\Local Settings\Temporary Internettiles\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 C:\Documents and Settings\Richardp\Local Settings\Temporary Internet files\OLK9\Application to Establish a SSA-v7-clean.doc EXHIBIT B 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 Internet5'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 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\OLK91Application 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 corner 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 corner 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 lnternet7 Iles\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\OLh9\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 Internetililes\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/115.78 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, 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. 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 Internes tiles\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 I999K051203,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. C:\Documents and Settings\Richardp\Local Settings\Temporary Interni files\OLK9\Application to Establish a SSA-v7-clean.doc EXHIBIT C 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. C:\Documents and Settings\Richardp\Local Settings\Temporary Internel riles\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 /9/4 day of .e 2008. I O 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 /4/1-11 day of i i, L , 2008. <6hc,rt , 4 it Un' l / r�Y Notary Public ' _° ' '°-, KAREN M.SKONIECZNY OFFICIAL 0 MY COMMISSION EXPIRES 1> i ,, ..I.(3 JANUARY 9,2011 FOF �' 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 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 C:\Documents and Settings\Richardp\Local Settings\Temporary Internet Files\OLK9\Affidavit-vl.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 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 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 corner 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 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 C:\Documents and Settings\Richardp\Local Settings\Temporary Internet Files\OLK9\Affidavit-vl.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/1 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 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 1241.02 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-vI.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. 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, 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 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. 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-vl.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. C:\Documents and Settings\Richardp\Local Settings\Temporary Internet Files\OLK9\Affidavit-vl.doc