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Home My WebLink AboutOrdinances - ORD-19-1925 - 04/02/2019 - Annexation Amendment Inland Business ParkIIIIIIIII7�VIIII'8Ill4 IIIIIU JOSEPH J. TIRIO RECORDER-MCHENRY COUNTY, IL 2019R0009468 04/09/2019 09:25:38 AM PAGES: 5 GIs FEE 15.00 RECORDING FEE 11.00 AUTOMATION FEE 8.00 This space reserved for Recorder's use only. CERTIFICATION I, Debra Meadows, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and I do hereby further certify that the attached document is a true and correct copy of Ordinance ORD-19-1925. An Ordinance Authorizing the Execution of the Fifth Amendment to the Inland Business Park Annexation Agreement along with the fully executed Fifth Amendment to the Inland Business Park Annexation Agreement dated July 26, 1995. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. 2019. Given under my hand and corporate seal of the City of McHenry this 2°d day of April rp�. SEAL) Debra Meadows, Deputy City Clerk City of McHenry, McHenry County, Illinois Prepared by the Office of the McHenry City Clerk Mail to: Office of the Deputy City Clerk City of McHenry 333 S. Green Street McHenry, IL 60050 City of McHenry McHenry County State of Illinois ORDINANCE NUMBER ORD-19-1925 An Ordinance Authorizing the Execution of a Fifth Amendment to the Inland Business Park Annexation Agreement ADOPTED BY THE CITY COUNCIL OF THE CITY OF MCHENRY MCHENRY COUNTY STATE OF ILLINOIS Ap,Al L .2, , 2019 Published in pamphlet form by authority of t:{e City Council of the City of McHenry, McHenry County, Illinois this w clay of .� 1 ;, 2019 i ORDINANCE NO. ee D - I� An Ordinance Authorizing the Execution of a Fifth Amendment to the Inland Business Park Annexation Agreement WHEREAS, the City of McHenry, McHenry County, Illinois, is a home rule municipality as contemplated under Article VII, Section 6, of the Constitution of the State of Illinois, and the passage of this Ordinance constitutes an exercise of the City's home rule powers and functions as granted in the Constitution of the State of Illinois; WHEREAS, Heritage Pointe Estates, LLC. is the legal owner of record of the real estate located on the south side of Bull Valley Road, east of Crystal Lake Road, in the City of McHenry, McHenry County, Illinois commonly known as Patriot Estates; WHEREAS, notice of public hearing was published in the Northwest Herald, a newspaper of general circulation in the City of McHenry, within the time provided by law, notifying the public of a hearing on said Fifth Amendment to the Inland Business Park Annexation Agreement before the Corporate Authorities of the City of McHenry; WHEREAS, the Corporate Authorities of the City of McHenry have held the public hearing as required by law and have found that entry into said Fifth Amendment to the Inland Business Park Annexation Agreement is in the best interest of the City. NOW, THEREFORE, be it ordained by the Mayor and City Council of the City of McHenry, McHenry County, Illinois, as follows: SECTION 1: Subject to the City's receipt of the bonds or letters of credit and cash collateral reference in Exhibit A, below, the Fifth Amendment to the Inland Business Park Annexation Agreement, bearing the date of February 4, 2019, between the City of McHenry, a Municipal Corporation in the State of Illinois, and Heritage Pointe Estates, LLC. be and the same is hereby approved. A complete and accurate copy of said Fifth Amendment to the Inland Business Park Annexation Agreement, labeled "Fifth Amendment to the Inland Business Park Annexation Agreement", is attached as Exhibit A. SECTION 2: Upon receipt of the bonds or letters of credit and cash collateral referenced in Exhibit A, the Mayor and Deputy City Clerk are hereby authorized to affix their signatures thereto. SECTION 3: If any section, paragraph, subdivision, clause, sentence or provision of this Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, such judgment shall not affect, impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and effect. SECTION 4: All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Inland Amendment, Page 1 SECTION 5: This Ordinance shall be in full force and effect upon its passage, approval and publication in pamphlet form (which publication is hereby authorized) as provided by law. Voting Aye: AIAe4 (C�Vtah C�U�iGt�� Alai f MCA cv} MI he0r^ry t Sc Voting Nayvj Absent Abstain: V tV `''(SEAL) r ATTEST: Deputy City Clerk Debra Meadows Passed: _ j R� a c� J N L I ao L Approved: r- u'c�j'q L► C l Cl Z:IMIMcHenry ityofICunaWedAut:oSign.doc APPROVED: /t ✓ Mayor ayne JeAt Inland Amendment, Page 2 CERTIFICATION I, DEBRA MEADOWS, do hereby certify that I am the duly appointed, acting and qualified Deputy Clerk of the City of McHenry, McHenry County, Illinois, and that as such Deputy Clerk, I am the keeper of the records and minutes and proceedings of the Mayor and Aldermen of said City of McHenry. I do hereby further certify that at a regular meeting of the Mayor and Aldermen of the City of McHenry, held on the 'r day of r e h : U. a v -A , 2019, the foregoing Ordinance entitled An Ordinance Authorizing the execution of a Fifth Amendment to the Inland Business Park Annexation Agreement, was duly passed by the City Council of the City of McHenry. The pamphlet form of Ordinance No. Oe D including the Ordinance and a cover sheet thereof, was prepared, and a copy of such Ordinance was posted in the City Hall, commencing on the 4 " day of Thy' () a r � 2019, and will continue for at least 10 days thereafter. Copies of such Ordinance are also available for public inspection upon request in the office of the City Clerk. I do further certify that the original, of which the attached is a true and correct copy, is entrusted to me as the Deputy Clerk of said City for safekeeping, and that I am the lawful custodian and keeper of the same. r GIVEN under my hand and seal this �_ day of I- P& o cA V y 2019. Debra Meadows, Deputy Clerk City of McHenry, McHenry County, Illinois (SE4L), IJ A y g'� Rental Housing Support Program (RHSP) State Surcharge Exemption Declaration Illinois law (55 ILCS 5/3-5018) requires that the Recorder collect a Rental Housing Support Program State surcharge for the recordation of any real estate -related document unless- the entity recording the document is any State agency, any unit of local government or any school district. U y checking this box and affixingm signature below, I hereby claim that the entity recording Y � � Y tY g this document is a State agency, a unit of local government or a school district and thus claiming to be exempt from the Rental Housing Support Program State surcharge. Lj r-; �' r 1A � LIB n Name of State agency, u it of local government or school Name of person presenting this declaration (Please Print) of person presenting this declaration recording this document (Please Print) 4Q( C� Date RHSP Exemption Declaration Form 20170327-1.docx IiIIPN�nIVIIIIII�dIIVllI Fifth Amendment to the Inland Business Park Annexation Agreement Dated July 26,1995 This "Fifth Amendment" is made and entered into this 41 day of February, 2019, by and between the City of McHenry, a Municipal Corporation, in the County of McHenry, State of Illinois, hereinafter referred to as ("City") and Heritage Pointe Estates, LLC (Owner"). Recitals JOSEPH J. TIRIO RECORD ER-MCHENRY COUNTY, IL 2019R0009469 04/09/2019 09:25:38 AM PAGES: 17 GIS FEE 15.00 RECORDING FEE 11.00 AUTOMATION FEE 8.00 This space reserved for Recorder's use only. A. WHEREAS, on July 26, 1995, the City entered into an original annexation agreement with American National Bank and Trust Company of Chicago, as Trustee under a Trust Agreement dated September 27, 1993 and known as Trust No. 117509-08 and Inland Capital Fund, L.P. ("Original Annexation Agreement"). By adoption of City Ordinance No. 05-1248, the City approved a second amendment to the Original Annexation Agreement ("Second Amendment"). By adoption of City Ordinance No. 18-1902, the City approved a third amendment to the Original Annexation Agreement ("Third Amendment"). By adoption of City Ordinance No. 10-1506, the City approved a fourth amendment to the Original Annexation Agreement ("Fourth Amendment"). The Original Annexation Agreement and the three (3) amendments thereto are referenced herein as the "Prior Annexation Agreements"; B. WHEREAS, the Owner is currently the record titleholder to the real estate legally described on the attached Exhibit A consisting of undeveloped lots planned for townhomes, duplexes and single-family homes and commonly referenced as Patriot Estates. ("Development"); C. WHEREAS, the parties hereto agree that the Development consists of three (3) phases which are generally depicted and delineated on the drawings titled Patriot Estates Bill of Sale Phase I Exhibit, Patriot Estates Phase II Exhibit, and Patriot Estates Bill of Sale Phase III Exhibit, each attached hereto; D. WHEREAS, the City and Owner desire to amend the Prior Annexation Agreements relating to the Development and to memorialize their agreements regarding the completion and collateralization of various certain infrastructure obligations, as described herein, relative to the phases of the Development, the release of certain security deposited relative to such Development, and to provide for the acceptance of certain improvements within the Development by the City; E. WHEREAS, the corporate authorities of the City, after due and careful consideration, following the required public hearing, have concluded that this Fifth Amendment would further the growth of the City and enable the City to control the development of the area and serve the best interests of the City; EXHIBIT A to Ordinance Authorizing Execution of Fifth Amendment F. WHEREAS, pursuant to the provisions of 65 ILCS 5/11-15.1-1, et seq., this proposed Fifth Amendment was submitted to the corporate authorities of the City and a public hearing was held thereon before the City Council of the City, pursuant to notice, as required by law; and G. WHEREAS, the City, is a home rule municipality as contemplated Linder Article VII, Section 6, of the Constitution of the State of Illinois, and the City Council approval of this Fifth Amendment by the authorizing Ordinance constitutes an exercise of the City's home rule powers and functions, as granted in the Constitution of the State of Illinois. NOW, THEREFORE, in consideration of their respective agreements set out herein, the adequacy and sufficiency of which is acknowledged as received by both parties, the City and the Owner, hereby agree as follows: 1, The purpose of this Fifth Amendment is to provide for certain specific changes or amendments to the Prior Annexation Agreements, leaving in full force and effect the agreements made in the Prior Annexation Agreements, which terms are incorporated herein by reference as if fully stated, to the extent that they are not changed or amended herein. 2. The following amendments are made to the Prior Annexation Agreements: A. Paragraph 4 of the Second Amendment approved a Concept Plan, a copy of which was attached thereto and identified therein as "Exhibit B". Exhibit B to the Second Amendment is hereby amended to eliminate certain proposed walking paths which are designated as "Removed Walking Paths" on Patriot Estates Bill of Sale Phase I Exhibit, Patriot Estates Phase II Exhibit, and Patriot Estates Bill of Sale Phase III Exhibit. B. Paragraph 13 of the Second Amendment related to installation of Open Space Amenities and due to the change in consumer demand, the parties hereto amend said paragraph 13, in its entirety to read as follows: 13. Open Space Amenities. Owner shall cause to have installed/constructed a gazebo on the Subject Property as depicted in the Concept Plan, This gazebo shall be constructed no later than June 1, 2019. C. The following additional provisions are hereby added to and shall be deemed to supplement the Prior Annexation Agreements. 1. Acceptance ofCertain Public Improvements by the Citv. The Developer hereby conveys title, free and clear of any liens and encumbrances, to the City to each of those items set forth in the Bills of Sale, attached hereto as Exhibits CI and C2, relating to Patriot Estates Bill of Sale Phase I Exhibit and Patriot Estates Bill of Sale Phase III Exhibit. The parties agree that the City has not accepted any such items or any other public improvements in the Phase II Exhibit. 2. Release of Certain Letter of Credit by the City. The City authorizes the City Administrator to release all existing performance bonds and/or letters of credit 2 securing construction ofpublic improvements for the Development upon the Developer filing with the City, prior to the execution of this Fifth Amendment by the City, bonds or letters of credit issued by a financial institution, in a form and permitting draws on conditions all approved by the City Attorney. The amount of the bonds or letters of credits shall be asfollows: • Phase I. Maintenance bond/LOC $670, 000 • Phase H..• Performance bond✓LOC $1,200, 000 • Phase III: Maintenance bondlLOC $355, 000 3. Com letion of Bike Path. No later than June 1, 2019, the Developer shall cause to extend the bike path in Phase III of the Development, as directed by the City engineer, from its current terminus proximate to the intersection of Armstead Lane, Perry Lane and Key Lane in accordance with the specifications set forth in the memorandum from the City's consulting engineer dated January 9, 2019 attached hereto as Exhibit D ("Bike Path Improvements"). The Developer shall secure this obligation by depositing $7,560.63 with the City, upon execution of this Fifth Amendment and fully complying with the cash security provision in section 5, below, of this Fifth Amendment ("Bike Path Cash Collateral'). 4. Completion ofPavement Str^ping. Despite the City accepting the streets and roads in Phases I and III, no later than June 11 2019, the Developer shall cause to be completed each of those items described and in accordance with the specifications set forth in the memorandum from the City's consulting engineer dated January 22, 2019 attached hereto as Exhibit E hereto ("Pavement Striping'). The Developer .shall secure this obligation by depositing $15, 795.25 with the City, upon execution of this Fifth Amendment and fully complying with the cash security provision in section 5, below, of this Fifth Amendment ("Pavement Cash Collateral ' ). 5. Cash Collateral. A. Prior to the execution of this Fifth Amendment, Developer shall deliver the Bike Path Cash Collateral and Pavement Cash Collateral totaling $23,355.88 to the City ("Collateral Funds'). The Collateral Funds, shall be separately accounted for and held by the City ("Improvement Account') and be used by the City, in its sole discretion following written notice beingprovided to the Developer, to pay costs incurred if all or some Bike Path or Pavement Striping improvements are not fully completed, as determined in the sole discretion of the City Engineer, by June 1, 2019. B. Upon proper and timely completion of all of the Bike Path or Pavement Striping improvements, the Developer shall request final inspection and approval. The request must include all a sworn contractor's statement and corresponding final lien waivers showing that the portion of the Bike Path or Pavement Striping improvement are free and clear of any and all liens and encumbrances, claims, demands, and charges of any kind. The request shall be made sufficiently in advance to allow the City time to inspect the Bike Path or Pavement Striping improvements and to prepare a punch list, if necessary. The Developer will promptly make all necessary repairs and corrections as specified on the punch list. The City will not be required to approve reimbursement to the Developer unless and until all of the Bike Path or Pavement Striping improvements, including all punch list items, have been fully and properly completed. No partial reductions will be allowed. C. Within seven (7) business days ofwritten approval of all the Bike Path or Pavement Striping improvements, by the City Engineer, the City will release to the Developer the Collateral Funds remaining therein. D. The City shall have no duty or obligation to perform the Bike Path or Pavement Striping improvements and it shall incur no liability for anything related thereto. The only duty of the City shall be those specifically set forth in this Fifth Amendment. Upon full completion of the Bike Path or Pavement Striping improvements as set forth herein, Developer shall have no further liability or obligation to the City with respect to the Bike Path or Pavement Striping improvements. E. If the Developer fails or refuses to complete the Bike Path or Pavement Striping improvements, or any portion thereof, in accordance with the Agreement between it and the City or,fails or refuses to correct any defect or deficiency, as required under this Fifth Amendment, or in any other manner fails or refuses to meet fully any of its obligations under this Fifth Amendment, then the City may, in its sole and absolute discretion, retain all or any part of the Collateral Funds and complete the Bike Path or Pavement Striping improvements. 6. Acceptance of Bike Path Easement by the City. The City hereby authorizes acceptance and execution of the plat of bike path easement prepared by Vanderstappen Land Surveying, Inc. attached hereto as Exhibit F. Owner and Developer: Heritage Pointe Estates, LLC B Its Date 4 City of McHenry By__..�?r�l � o 1 q Mayor Date Pave»rent Striping improvements arrd to prepare a punch list, ifnecessary. The Developer will promptly make all necessary repairs and corrections as specified on the punch list. The City will not be required to approve reimbursement to the Developer unless and until all of the Bike Path or PaverrrerrtStriping improvements, including all punch list items, have been fully and properly completed No partial reductions will be allowed. C. Within seven (7) business days ofivritten approval ofall the Bike Path or Pavement Striping improvements, by the City Engineer; the City will release to the Developer the Collateral .Fiends remaining therein. D. The City shall have no duty or obligation to perform the Bike Path or Pavement Striping irnprovernents and it shall incur no liability for anything related thereto. The only duty of the City shall be those specifically set forth in this Fifth Amendment. Upon fall completion of the Bike Path or Pavement Striping improvements as setforth herein, Developer shall have no fierther liability or obligation to the City with respect to the Bike, Path or Pavement Striping improvements. E. If the Developer fails or refuses to complete the Bike Path or Pavement Striping improvements, or any portion thereof, in accordance with the Agreement between it and the City or fails or refuses to correct any defect or deficiency, as required under this Fifth Arnendinent, or in any other manner falls or refuses to meetfully any of its obligations under this Fif h Amendment, then the City may, In Its sole and absolute discretion, retain all or any part of the Collateral Funds and complete the Bike Path or Pavement Striping Improvements. b. Acceptance of Blke Path .M ement by Citx The City hereby authorizes acceptance and execution of the plat of bike path easement p-epar-ed by Vanderstappen Land Surveying, Inc. attached hereto as Exhibit F. Owner and Developer: Heritage Pointe Estal6s, LLC a %l- Z/, e Its Date 4 City of Menem EKHIBIT A to Fifth Amendment PAR! XL A: THAT PART OF THE SOUTH HALF OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: CO:rvIMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4; THENCE SOUTH 89 DEGREES I I MINUTES 36SECONDS WEST ALONGTHESOUTH LINE OFTHE SOUTHEAST QUARTER OF SAID SECTION 4, 1294.30 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 05 SECONDS EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 100.01 FEET FOR THE., PLACE OF BEGINNING: THENCE SOUTH 89 DEGREES 11 MINUTES 36 SECONDS WEST ALONG A LINE 100.00 FEET NORTH OF AND PARALLEL TO THE SOUTH LINE OF TI4E SOUTHEAST QUARTER OF SAID SECTION 4, 1294,74 FEET; THENCE SOUTH 89 DEGREES OOMINUTES 54 SECONDS WEST ALONG A LINE 100.00 FEET NORTH OFAND PARALLEL TO THE SOUTH LINE Ol: THE SOUTHWEST QUARTER OF SAID SECTION 4, 752.89 FEET TO A POINTALONG THE EASTERLY RIGHT OF WAY LINE OF CRYSTAL LAKE ROAD; THENCE NORTH 38 DEGREES 06 MINUTES 57 SECONDS EAST ALONG SAID RIGHT OF WAY LINE, 1805.79 FEET; THENCE SOUTH 52 DEGREES 30 MINUTES 47 SECONDS EAST, 896.71 FEET; THENCE SOUTHEASTERLY ALONG A CURVE CONCAVE NORTHERLY WITH A RADI US OF 833.00 FEET, AN ARC LENGTH OF 353.30 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 64 DEGREES 39 MINUTES 48 SECONDS EAST AND A CHORD LENGTH OF 350.66 FEET; THENCE SOUTH 07 DEGREES 51 MINUTES 14 SECONDS WEST, 700.35 FEET TO THE PLACE OF BEGINNING, CONTAINING 41,049 ACRES MORE OR LESS, ALL IN MCHENRY COUNTY, ILLINOIS. THAT PART OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 4; THENCE SOUTH 89 DEGREES I I MINUTES 36 SECONDS WEST ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 1294.30 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 05 SECONDS EAST ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4,100.01 FEET FOR THE PLACE OF BEGINNING: THENCE NORTH 07 DEGREES 51 MINUTES 14 SECONDS EAST, 700.35 FEET; THENCE EASTERLY ALONG A NON TANGENTIAL CURVE CONCAVE NORTHERLY WITH A RADIUS OF 833.00 FEET, AN ARC LENGTH OF 271.35 FEET, SAID ARC HAVING A CHORD FEARING OF SOUTH 86 DEGREES 08 MINUTES 45 SECONDS EAST AND A, CHORD LENGTH OF 270.15 FEET; THENCE NORTH 84 DEGREES 13 MINUTES 46 SECONDS EAST, 207.57 FEET; THENCE SOUTHEASTERLY A LONG A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 233.00 Legal Description of the SUBJECT PROPERTY, cant. FEET, AN ARC LENGTH OF 186.49 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 72 DEGREES 50NflNUTES 27 SECONDS EASTAND A CHORD LENGTH OF 181.55 FEET; THENCE NORTHEASTERLY ALONG A NON TANGENTIAL CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 266,00 FEET, AN ARC LENGTH OF 190.34 FEET, SAID ARC HAVING A CHORD BEARING OF NORTH 72 DEGREES 18 MINUTES 48 SECONDS EAST AND A CHORD LENGTH OF 186.30 FEET; THENCE SOUTH 01 DEGREES 50 MINUTES 18 SECONDS EAST, 66.29 FESI', THENCE EASTERLY ALONG A NON TANGENTIAL CURVE CONCAVE SOUTHERLY WITH ARADIUS OF 200.00 FEET, AN ARC LENGTH OF 41.17 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 79 DEGREES 45 MINUTES 05 SECONDS EAST AND A CHORD LENGTH OF 41.09 FEET; THENCE SOUTH 73 DEGREES 51 MINUTES 17 SECONDS EAST, 89.95 FEET; THENCE EASTERLY ALONG A CURVE CONCAVE NORTHERLY WITHA RADIUS OF 450.00 FEET, AN ARC LENGTH OF 174.25 FEET, SAID ARC 14AVINO A CHORD BEARING OF SOUTH 84 DEGREES 56 MINUTES 52 SECONDS EAST AND A CHORD LENGTH OF 173.16 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 28 SECONDS WEST, 668.49 FEETTO A POINT ALONG THE SOUTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE SOUTH89DEGREES I I MINUTES 36 SECONDS WESTALONG SAID SOUTHLINE, 1223.53 FEET; THENCE NORTH 00 DEGREES 10 MINUTES 05 SECONDS EAST,100.01 FEE'I'TO THE PLACE OF BEGMNING, CONTAINING 20.430 ACRES MORE OR LESS, ALL IN MCHENRY COUNTY, ILLINOIS. THAT PART OF T14E SOUTHEAST QUARTER OF SECTION 4, AND THE SOUTHWEST QUARTER OF SECTION 3, TOWNSHIP 44 NORTH, RANGE 8, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 4;THENCE SOUTH89DEGREES 11 MINUTES 36 SECONDS WESTALONGTHE SOUTHLINE OF THE SOUTHEAST QUARTER OF SAID SECTION 4, 70.77 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 28 SECONDS EAST, 668.49 FEET; THENCE WESTERLY ALONG ANON TANGENTIAL CURVE CONCAVE NORTHERLY WITHARADIUS OF 450.00 FEET, AN ARC LENGTH OF 174.25 FEET, SAID ARCHAVING A CHORD BEARING OF NORTH 84 DEGREES 56 MINUTES 52 SECONDS WEST AND A CHORD LENGTH OF 173.16 FEET; THENCE NORTH 73 DEGREES 51 MINUTES 17 SECONDS WEST, 89.95 FEET; THENCE WESTERLY ALONG A CURVE CONCAVE SOUTHERLY WITH A RADIUS OF 200.00 FEET, AN ARC LENGTH OF 41.17 FEET, SAID ARC HAVING A CHORD BEARING OF NORTH 79 DEGREES 45 MINUTES 05 SECONDS WEST AND A CHORD LENGTH OF 41.09 FEET; THENCE NORTH 01 DEGREES 50 NUNUTES 18 SECONDS WEST, 66.29 FEET; THENCE NORTH 22 DEGREES 06 MINUTES 11 SECONDS WEST, 301.5 6 FEET; THENCENORTHOODEGREES 02MINLTTES 28 SECONDS EAST, 249.32 FEET TO A POINT ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4; THENCE NORTH 89 DEGREES 06 MINUTES 37 SECONDS EAST ALONG 'THE NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION 4,494.20 FEET; THENCE NORTH 89 DEGREES 16 MINUTES 26 SECONDS EAST ALONG THE Legal Description of the SUBJECT PROPERTY, cost. NOR"I'H LINE OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3,1034.96 FEET TO A POINT ALONG THE WESTERLY RIGHT OF WAY LINE OF THE CHICAGO & NORTHWESTERN RAIL ROAD COMPANY; THENCE SOUTH 29 DEGREES 12 MINUTES 22 SECONDS WEST ALONG SAIDRIGHTOF'WAYLINE,1337.83 FEET; THENCE SOUTHERLY ALONG'I'HE SAID RIGHT OF WAY LINE, SAID LINE BEINCr A CURVE CONCAVE EASTERLY WITH A RADIUS OF 5617.53 FEET, AN ARC LENGTH OF 180.94 FEET, SAID ARC HAVING A CHORD BEARING OF SOUTH 28 DEGREES 17 MINUTES 00 SECONDS WEST AND A CHORD LENGTH OF 180,93 FEET, TO A POINT ALONG THE SOUTH LINE OF THE SOTJTI `WEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 3; THENCE SOUTH 89 DEGREES 18MINUTES 05 SECONDS WEST ALONGTHE SAID SOUTH LINE, 306,06 FEETTO THE PLACE OF BEGINNING, CONTAINING 27.879 ACRES MORE ORLESS, ALL INNICHENRY COUNTY, ILLINOIS. REMOVE WALKING PATHS Patriot Estates Ad , ei r Bill of Sale Phase I Exhibit Include. OReRe Mill Patriot Estates Phase 11 Exhibit Phas, 11 Patriot Estates Bill of Sale Phase [II Exhibit EXHIBIT C1 to Fifth Amendment BILL OF SALE (Phase I -Patriot Estates -Single Family Detached) Seller, Heritage Pointe Estates, LLC, of McHenry, Illinois, in consideration of Ten & 00/100 Dollars, and other good and valuable consideration, receipt whereof is hereby acknowledged, does hereby sell, assign, transfer, and set over to the City of McHenry, Illinois ("City"), the following described personal property, as partially depicted and cross -hatched on the attached Bill of Sale Phase I Exhibit", consisting of single family detached dwelling units in the Patriot Estates development: • The public water distribution, sanitary sewer collection and storm water collection systems, excluding storm water detention basins, including all lines, conduit, pipes, valves, hydrants, all necessary accessories, structures, and appurtenances used in connection therewith; • All Phase 1 roads, associated rights of way and parkways including sidewalks, curbs and street signs, as shown on the Bill of Sale Phase I Exhibit; • Cunat Drive and its right ofway andparkways, on and offsite of Phase I, including sidewalks, curbs and street signs, as shown on the Bill of Sale Phase I Exhibit and excluding street island landscaping; and • All Offsite Water Main and Offsite Storm & Sanitary Sewer Mains identified on the Bill of Sale Phase I Exhibit for Phase I Acceptance. Seller hereby represents and warrants to the City that Seller is the absolute owner of said property that said property is free and clear of all liens, charges, and encumbrances, and that Seller has full right, power and authority to sell said personal property and to make this Bill of Sale. Dated this 41" day of February, 2019. Heritage Point EstkVranaging vBy: Cun,ember EXHIBIT C2 to Fifth Amendment BILL OF SALE (Phase IR-Patriot Estates -Condominiums) Seller, Heritage Pointe Estates, LLC, of McHenry, Illinois, in consideration of Ten & 00/100 Dollars, and other good and valuable consideration, receipt whereof is hereby acknowledged, does hereby sell, assign, transfer, and set over to the City of McHenry, Illinois ("City"), the following described personal property, as depicted and cross -hatched on the attached Bill of Sale Phase III Exhibit', consisting of residential dwelling condominium units in the Patriot Estates development: The public ivater distribution and sanitary seiner collection systems, including all lines, conduit, pipes, valves, hydrants, all necessary accessories, structures, and appurtenances used in connection theretivith. This Bill of Sale does not include any streets, sidewalks, parkways or storm water improvements or detention. basins. Seller hereby represents and warrants to the City that Seller is the absolute owner of said property that said property is free and clear of all liens, charges, and encumbrances, and that Seller has full right, power and authority to sell said personal property and to make this Bill of Sale. Dated this 0 day of February, 2019. Heritage Point By: Cunat, Managing Member j EXHIBIT D to Ross Polereckv Fifth Amendment From: Pieper, Chad <cpieper@hrgreen.com> Sent: Wednesday, January 9, 2019 11:26 PM To: Ross Polerecky Subject: Patriot Estates - Bike Path Connection Attachments, RE: MCCD bike path connections Ross, The following is the estimate of construction I have developed for the connection to the MCCD Prairie Trail in the Patriot Estates subdivision. The attached email lays out some of the requirements dictated by MCCD but without a topo survey and a design, this estimate is based on a lot of assumptions. Please review and let me know if you have any questions. Please note that the small quantity nature of this project makes estimates very difficult and inflates unit costs. j'r { � }fib ,.q� 9"4� ' T...yy.,t( ';i1 t"x Y.5 T 2";S.�.f� elk FLt ti vt 0. "lr k , 4 f�XW"a S t Sys _ ra�N +.. ,"(FDF,�T Z ,'ory �lilNtl �"€ c�'a''�"—:?'?' x w cf4� ,6 -"S' il3xx K cif r '✓ W V lMR d) y s . .x EAGH y Mobilization assumin a ui ment for 4 hours 1 $1500.00 $1 500.00 Gradin clearin and rubbin CUYD 120 $10.00 $1200.00 To soil Furnish &Place — 2" pulverized SQYD 28 $2.00 $56.00 Se ing SQYD 28 $1.75 $49.00 Erosion Control Blanket SQYD 28 $5.00 $140,00 CulvertCMP 12" FOOT 20 $10.00 $200,00 Anti -Vehicle Bollard EACH 1 $1,000.00 $1,000.00 Prairie Trail Sin EACH 1 $350.00 $350.00 Mutt mitt with trash receptacle EACH 1 $500.00 $500.00 Si na a Yield & No Motor Vehicles EACH 2 $350.00 $700.00 HMA Surface 1.5" Mix D, N50 TON 1 $200.00 $200.00 HMA Binder2ff' IL-19, N50 TON 1.5 $200.00 $200,00 Bituminous materials Prime Coat Gal 3.5 1 $1. 00 $3 50 Agg Base, 8- CA-6 100% crushed SQYD 10 $1.5.00 $150,00 Pro'eet SUB -TOTAL: $6 048.50 Contin enc 25% $18512.13 PRUJCTFC?�"AE ,:;._::,$7,�fi0�63,- Chad J. Pieper, PIE Project Manager —Gov. Services HR GREEN, INC. 420 N Front Street Suite 100 1 McHenry, IL 60050 Main 815.386.1778 Fax 815.385,1781 1 Direct 815.759.8346 1 Cell 815.482.8706 FIRGreen IRGREEN.COM The contents of this transmission and any attachments are confidential and intended for the use of the individual or entity to which it is addressed. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is prohibited. 1 EXHIBIT E to Ross Polereckv Fi-Lth Amendment From: Pieper, Chad <cpieper@hrgreen.com> Sent: Tuesday, January 22, 2019 5:03 PM To: Ross Polerecky Subject- RE: Patriot Estates Striping Numbers Attachments: 20190122170317613.pdf Ross, Here are the numbers to go from Crystal Lake Rd to Bull Valley. Please note we need to make the revision at the Bull Valley intersection to not have a through lane. uDtf, tir c 7.w�� _n'IilfaXY� Qs ��Ttai Costs Thermoplastic Letters &Symbols (Turn Arrow - 35 each at 15,6 SFlEA SQFT 546 $7,00 $3,822,00 Thermo las5c vement Markin s - 24" White Sto Bars FOOT 223 $4.00 $892.00 Thermo lastic avement Markin s -12" Yellow Dia onats FOOT 526 $2.00 $1 052.00 Thermoplastic pavement Markings - 12" White Chevron FOOT 60 $2.00 $120.00 Thermoplastic pavement Markings — 6— White (Crosswalk and Lane Line) FOOT 1,739 $1.00 $1,739.00 Thermoplastic pavement Markings - 4" Yellow lane tine FOOT 8,352 $0.60 $5,011.20 Project sub -total: $12,636,20 25% Contln Enc : $3,159.05 PROJECT TOTAL: a' $15 795.25=. Please let me know if you have any questions Chad J. 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