HomeMy WebLinkAboutOrdinances - 23-10 - 02/21/2023 - Purchase of 3609-3611 ElmREAL ESTATE SALE AGREEMENT
THIS REAL ESTATE SALE AGREEMENT (this "Agreement") is made as of December
2022 ("Effective Date"), by and between Cosmopolitan National Bank of Chicago, as
Trustee under the provisions of a Trust Agreement dated 7/22/91 and known as Trust #29855
("Seller"), and the City of McHenry, an Illinois municipal corporation, or its nominee ("Buyer").
RECITALS
Buyer desires to purchase and Seller desires to sell certain real property consisting of
approximately 0.5166 acres of vacant land owned by Seller located at 3609-3611 Elm Street,
McHenry, Illinois, as more particularly described herein.
Inconsideration of this Agreement, Seller and Buyer agree as follows:
1. Sale ofProoerty: Seller agrees to sell to Buyer•, and Buyer agrees to buy from Seller, the
property (collectively, the "Property") located in McHenry County, Illinois, commonly known as
3609-3611 Elm Street, McHenry, Illinois 60050 with PINS 09-26-378-016, 09-26.378.017, and
09-26-37&006, legally described on Exhibit A.
2. Purchase Price and Manner of Pavrnent: The total purchase price ("Pw•clrase Price") to be paid
for the Property is $450,000,00. The Purchase Price shall be payable as follows:
a. Within two (2) days following the Effective Date, Buyer shall deliver to Heritage Title
Company of McHenry County (the "Title Company"), as escrowee, a deposit in the
amount of $4,500.00 ("Earnest Money") into escrow ("Earliest Money Escrow") pursuant
to the Title Company's standard form of earnest money escrow agreement, which each of
the parties hereto agree to execute and deliver upon Title Company's request.
6. The balance of the Purchase Price, as adjusted by prorations and adjustments described in
Section 5, at Closing in immediately available funds.
3• Conditions to Closing: The obligations of Buyer ("Buyer's Conditic»s")under this Agreement
are contingent upon each of the following:
3.1. Representations and Warcanties: The representations and warranties of Seller as stated and
contained solely in this Agrcernent must be tme now and on the the Closing Date. Closing Date as if made on
3.2. Title: Title Company is ready, willing, and able to issue Buyer an owner's policy of title
inswance subject only to the Permitted Encumbrances.
3.3. Buyer's Termination: Buyer shalt have not exercised its right to terminate the Agreement
during the Due Diligence Period defined in Section 7.
In the event of the failure of any of the conditions set forth in this Section 3 in favor of Buyer, Buyer
may, at its option, tenninate this Agreement and immediately receive a refund of the Earnest Money,
4, Cios'n : Subject to compliance by the parties hereto with their respective obligations to be
performed at or prior to the Closing and satisfaction of the respective conditions precedent to the
obligations of Buyer and Seller to consummate the transaction contemplated hereby,
consummation of the sale of the Property by Seller to Buyer under this Agreement (the "Closing")
shall occur within 14 days of a) the expiration of the Due Diligence Period defined in Section 7, or
b) Buyer waiving all contingencies ("Closing Date" or "Date of Closing"), The Closing shall take
place at the office of Title Company in Crystal Lake, IL, or such other location acceptable to Buyer
and Seller; provided, however, the physical attendance of the patties at Closing shall not be
required, and all documents and funds required hereby may be delivered to Title Company in
escrow. Seller agrees to deliver exclusive possession of the Property to Buyer, subject only to the
Permitted Encumbrances, on the Closing Date.
4,1. Seller's Closing Documents: On the Closing Date, Seller shall execute and deliver to Buyer
the following (collectively, "Seller's Closing Documents"), all in form and content reasonably
satisfactory to Buyer;
4.1,1. Deed: A Special Warranty Deed conveying the Real Property to Buyer, or Buyet°s
nominee, free and clear of all encumbrances, except the Permitted Encumbrances
hereafter defined.
4.1.2, fi1RPTA Affidavit: Anon -foreign affidavit, properly executed, containing such
information as is required by Internal Revenue Code Section 1445(b)(2) and Its
regulations.
4.1.3, Affidavit of Title. A Seller's Affidavit of Title in customary form.
4.1.4. Other Documents: All other documents contemplated by this Agreement or reasonably
determined by Buyer or Title Company to be necessary to transfer the Property to
Buyer flee and clear of all encumbrances.
4.1.5. LTA: An ALTA statement or Owner's Affidavit in the form required by the Title
Company in order to issue the Title Policy.
4.1.6, Transfer Tax: Completed declarations or statements, executed by or on behalf of
Seller, in the fore prescribed by governmental authorities to be filet) in correction with
the transfer tax imposed by governmental authority on transfer of title,
4.2. Buyer's Closing Documents: On the Closing Date, Buyer will execute and deliver to Seller
the following (collectively, "Buyer's Closing Documents"):
4.2.1. Purchase Price: Funds representing the balance of Purchase Price due and payable on
Closing in wired funds to the Title Company.
4.2.2. in: An AWA statement or Owner's Affidavit in the fort required by the Title
Company in order to issue the Title Policy,
5. Prorations and Adjustments: Seller and Buyer agree to the following pro -rations mid allocation of
costs regarding this Agreement.
5.1. Title Insurance and Closing Fee: Buyer will pay all costs of the Title Evidence, all title
commitment fees and all title insurance premiums insuring the Buyer as owner with extended
coverage. Buyer shall also pay any escrow fees charged by Title Company with respect to
the closing of the sale transaction contemplated hereby.
5.2. Transfer Taxes: Buyer shalt pay all transfer fees or taxes and any sales or income taxes
payable in connection with this transaction.
5.3. gal Estate Taxes and Special Assessments: All general real estate taxes, sp
special or general assessments to the extent due and payable at Closing, paid by Seller, and
otherwise apportioned between the parties as of the Closing Date. If the amount of any of
such items is not ascertainable on the Closing Date, the credit therefore shall be based on one
hundred five percent (105%) of the most recent available bill. All prorations shall be final.
5.4. Other Costs: All other operating costs of the Property (including any and all assessments
and other amounts due under any declaration or similar instrument affecting the Property)
shall be allocated between Seller and Buyer as of the Closing Date, so that Seller pays that
part of operating costs payable before the Closing Date, and Buyer pays that part of operating
costs payable from and after the Closing Date: provided, however, (a) insurance premiums
shall not be pro -rated, and (b) Buyer shall only pay its pro rma expenses tinder the Assumed
Contracts,
5.5. Attorneys' Fees: Each of the parties will pay its own attorneys fees, except that a party
defaulting tutderthis Agreement or any Closing Document will pay the reasonable attorneys
fees and court costs incurred by the non -defaulting partyto enforce its rights hereunder.
6. Title Examination: Title Examination will be conducted as follows:
6.1. Title Evidence: Buyer may obtain, at its cost, the following (collectively, "Title
Evidence") from the Title Company: (a) a commitment for title insurance issued by the
Title Company; and (b) such other information and containing such other matters as Buyer
may request.
6.2. Buyer'sObjeclions: Within ten (10) days prior tothe expiration of
Buyer's request to satisfy the Objected Exceptions. If Seller elects to cure any Objections but
does not cause the deletion of the Objections by Closing, Buyer may elect, as its sole
remedies, (a) to exercise its remedies pursuant to Section 15 hereof, (b) to extend the date of
Closing for up to 30 days and require Seller to use reasonable commercial efforts to remedy
the Objections, or (III) to waive any or all of the Objections. Seller shall use its best efforts to
comeet any Objections. As used herein, the term "Permitted Objections" shall mean (A) ad
valorem real property taxes not yet due or payable on the date of Closing; and (B) matters of
record affecting the Property, as of the date of this Agreement as to which Buyer does not
timely object, or as to which Seller does not agree to cure pursuant to this Section 6.2, and
her, that in no event will the Permitted Encumbrances include any Monetary
Encumbrances. Notwithstanding any to the contrary herein, Sellershall, prior to or at closing,
satisfy and terminate of record (or release the Property of record therefrom) any and all liens,
mortgages, judgments, and other encumbrances of a monetary nature which affect the
Property (collectively, "Monetary Encumbrances"), and further, in the event Seller fails to
do so, Buyer shall have the right to apply a portion of the cash payable to Seller at the Closing
to the satisfaction of such Objection, and the amount so applied shall reduce the amount of
tlto Purchase Price payable to Seller at the Closing.
7, Due Diligence; The inspection of the Property will be conducted as follows:
7.1.1. Buyer shall have until the earlier of (1) 11:59 p,m. CST on the ninetieth (90t1m)
day following the Effective Date, or (2) Buyer providing written notice to Seller
that it is satisfied with the condition of the Property (tile "Due Diligence
Period"), at Buyer's sole cost, within which Buyer shall have the right to inspect
the Real Property and perform any studies as Buyer deems appropriate, including
without limitations, any of the following: physically inspect the Property,
including performance of any engineering tests, .and environmental studies;
review such other information with respect to the Property, as Buyer deems
necessary to verify its satisfaction that the Property, in Buyer's sole discretion,
is suitable for purchase and Buyer's intended use of retail redevelopment
(collectively, "Buyer's Diligence").
7.1.2. if at any time prior to the expiration of the Due Diligence Period, Buyer
determines it needs additional time to verify its satisfaction that Property is
suitable for purchase and Buyer's Intended use, it may unilaterally extend the
Due Diligence Period for an additional thirty (30) days by written notice to
Seller.
7.1.3. If at any time prior to the expiration of the Due Diligence Period, as may have
been extended pursuant to Section 7.1,2., Buyer determines it is not satisfied
with the condition of the Property as it deems, in its sole, exclusive and
unfettered discretion, to be necessary for its intended use of the Property, this
Agreement may, at Buyer's sole election, be terminated. Such termination shall
be effected by written notice thereof to Seller given prior to the expiration of the
Due Diligence Period, and shall have the effect of rendering this Agreement null
and void, whereupon the full amount of the Earnest Money shall be immediately
returned to Buyer. Notwithstanding the foregoing, if Buyer terminates this
Agreement, Buyer shall, following Sellcr's request, deliver to Seller copies of
all studies conducted by or on behalf of Buyer on the Property, except for any
market or financial studies or analyses.
yer aclatowledges and agrees, by consummating the Closing, it will be
deemed to have been given a frill opportunity to inspect and investigate the
Property, either independently or through agents of Buyer's choosing with Seller
making no representations as to the condition of the Property or its suitability for
Buyer's intended use. Buyer agrees it is buying and Seller is selling the Property
on an "AS IS" and "WHERE AS" basis.
7.1.5 In the event this Agreement is terminated and the anticipated sale of the Property
is not consummated between Seller and Buyer, Buyer shall provide Seller with
a copy of any survey or environmental report or testing results completed in
conjunction with the Due Diligence Period,
7.2 Inspection Costs: Buyer shall pay all costs and expenses of all investigation and testing
of the Property, shall restore the Property, in the event of any damage to the Property
caused by Buyer's investigation, to the Property's condition existing immediately prior to
such damage, and shall hold Seller and the Property Ilan» less from all costs and liabilities
relating to Bayer's environmental assessment investigation activities and results
therefrom. Notwithstanding anything to the contrary in this Agreement, Buyer obligations
under this Paragraph 7.2 will survive closing or termination of this Agreement.
7.3 Documents: Seller shall, within five (5) days after the Effective Date, deliver to Buyer the
following to the extent they are in Seller's possession or control (collectively, "Seiler
Documents"):
7.3.1. All licenses, permits, authorizations, and approvals, if any, required by law and
issued by all governmental authorities having jurisdiction over the Property and in
the possession of Seller.
7.3.2. All leases, service and executory contracts, if any, affecting the Property.
7.3.3. Any and all title documents in the possession of Seller, including but not limited to
any existing title policy, later title commitment, surveys, topographic surveys and
studies and documents affecting title, whether or not said documents are specified
in any such policy or commitment.
7.3.4. All annexation, development and recapture agreements affecting the Property in
Seller's possession or control.
7.3.5. Copies of any environmental reports (and any "closure" letter, "no further action"
letters, and any other documentation relating to the environmental condition of ilre
Property or any remediation thereof) and structural reports and appraisals affecting
the Property.
7.3,6• Copies of all pleadings and other documents dealing with any real estate tax appeal
or litigation or any special assessment or any increase in assessment of valuation
or tax rate for the Property.
7.3.7. Copies of the real estate tax bills for the Property for the current tax year and the
prior two tax years and any pending special taxes or assessments affecting the
Property
7.3.8. Any and all studies of the Property previously conducted by or in possession of
Seller.
7.4. Buyer's Rights: If Buyer determines there is a condition on the Property wluch Buyer has
determined will interfere with Buyer's intended use of the Property, Buyer shall provide
notice to Seller within the time period stated in Section 7.1 of such objection, and Buyer may
either terminate this Agreement and immediately receive a full refund of the Earnest Money,
receive an agreed upon Purchase Price reduction or waive the condition and proceed to
closing. In the event the Agreement is terminated for any reason, Buyer shall promptly return
within five (5) days after the termination all of the Seller Reports, and all copies of the same,
to Seller .
8. S_ urvey: Prior to Closing, $uyer may obtain an ALTA survey of the property, at Buyer's expense.
9• Seller Representations and Warranties: To the best of Seller' actual knowledge, all of the foregoing
and following representations and warranties shall be crone and correct as of the Effective Date and
at the Closing Date (and the truth and accuracy of which shall constitute a condition to the
disbursement of the Purchase Price) and shall survive the Closing of this transaction:
9.1. This Agreement has been duty authorized and executed on behalf of Seller and constitutes a
valid and binding agreement, enforceable in accordance with its terns, and to [lie best of
Seller's actual knowledge, does not violate the provisions of any agreement as to which
Seller is a patty or by which Seller is bound.
9.2. Seller is authorized to convey good and marketable indefeasible fee simple title in and to
the Property.
9.3. Other than Seller, there are no parties in possession of the Property, nor any parties with
any leases, licenses, or other rights to occupy and/or possess any portion of the Property,
and no person or entity has any right with respect to all or any portion of the Property
(whether by option to purchase, right of first refusal, contract, or otherwise) that would
prevent or interfere with Buyer taking title to, and exclusive possession of, all of the
Property at Closing.
9.4. Seller is not, to the best of Seller's actual knowledge, subject to any judgment or decree
Of a court of competent jurisdiction or governmental agency that would limit or restrict
Seller's right to enter into and carry out this Agreement, and neither the execution of this
Agreement nor the consummation of the transactions contemplated herein will constitute
a breach under any contract or agreement to which Seller is a party or by which Seller is
bound or affected or which affects the Property or any part thereof,
9.5. There are no actions, suits or proceedings pending, or to the actual knowledge of Seller
threatened, before any judicial body or any governmental authority or any order, writ,
injunction, decree or demand of any court or any governmental authority relating to the
Property or any part thereof, or relating to Seller which could affect the Property, Seller's
title thereto, or this Agreement, and the Property is in compliance with all laws, rules,
regulations and orders applicable thereto. Seller has no actual knowledge of any uncured
violations of applicable law, ordinance, regulations, or legal requirements with respect to
the Property.
9.6. Seller has not received a notice of noncompliance with environmental laws for the
Property, and Seller has not treated, stored or disposed of Hazardous Materials on the
Property and to the best of Seller's knowledge no such Hazardous Materials have been
used at the Property. As used herein, the term "Hazardous Materials" means any
hazardous substances, pollutant or contaminant regulated under CERCLA; oil and
petroleum products and natural gas, natural gas liquids, liquefied natural gas, and synthetic
.gas useable for fuel; pesticides regulated under FIFRA; asbestos, PCBs and other
substances regulated tinderTSCA; source material, special nuclear material and byproduct
materials regulated tinder the Atomic Energy Act; and industrial process and pollution
control wastes whether or not hazardous within the mean ofRCRA.
OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT OR [N THE
CLOSING DOCUMENTS DELIVERED BY SELLER AT CLOSING, SELLER MAKES
NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR
IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY WARRANTY OF FITNESS FOR
A PARTICULAR PURPOSE, THIS AGREEMENT IS FOR THE SALE AND PURCHASE
OF THE PROPERTY IN ITS "AS IS" AND "WHERE AS" CONDITION AS OF THE DATE
OF EXECUTION, OTHER THAN AS EXPRESSLY SET FORTH IN THIS AGREEMENT
OR IN THE CLOSING DOCUMENTS DELIVERED BY SELLER AT CLOSING, BUYER
ACKNOWLEDGES THAT NO REPRESENTATIONS, WARRANTIES OR
GUARANTEES WITH RESPECT TO THE CONDITION OF THE PROPERTY HAVE
BEEN MADE BY SELLER OTHER THAN THOSE KNOWN DEFECTS, IF ANY,
DISCLOSED BY SELLER,
10. Buyer r Representations: To the best of Buyer's actual knowledge, all of the foregoing and
following representations shall be true and correct as of the Effective Date and at the Closing Date
and shall survive the Closing of this transaction:
10.1, This Agreement has been duly authorized and executed on behalf of Buyer and constitutes a
valid and binding agreement, enforceable in accordance with its farms, and to the best of
Buyer's actual knowledge, does not violate the provisions of any agreement as to which
Buyer is a party or by which Buyer is bound.
11, Broker's Conunission: Buyer represents that it has dealt with no brokers and no finders or the like
in connection with this transaction. Seller represents that it has dealt with no brokers and no finders
or the like in connection with this transaction, Seller and Buyer agree to indemnify and hold each
other harmless from all claims, damages, costs or expenses of or for any other such fees or
commissions resulting from their actions or agreements regarding the execution or performance of
this Agreement, and will pay all costs of defending any action or lawsuit brought to recover any
such fees or commissions incurred by the other party, including reasonable attorneys' fees.
12. Assienment: Neither this Agreement nor anyoftherights,interestsnorobligationshereundermay
be assigned by either party hereto without the prior written consent of the other party hereto, which
consent will not be unreasonably withheld. Buyer shall give Seller prompt notice of any such
approved assignment by Buyer, together with a copy of the executed assignment and assumption
agreement, and, if requested by Buyer, Seller agrees to execute and deliver to Buyer an instrument
reasonably acceptable to Buyer documenting the release provided for in this paragraph.
13. Survival• All of the terms of this Agreement and representations herein contahted shall survive
and be enforceable after the Closing for a period of twelve (12) months.
14, Notices: Any notice required or permitted hereunder shall be given by personal delivery upon an
authorized representative of a party hereto; or if mailed by United States registered or certified
mail, return receipt requested, postage prepaid; or if deposited cost paid with a nationally
recognized, reputable overnight courier, properly addressed as follows:
If
to Buyer: City
With a copy to: Ryan P. Farrell
Zukowski, Rogers, Flood & McArdle•
50 Virginia Street
Crystal Lake, IL 60014
Office: 815A59-2050
Mobile: 815-404-8068
Email: rfgrrcllPzrfmlaw.com
If to Seller: .rack AlOttXt.a-.J
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With a copy to: William E. Ryan
Ryan &Ryan Law, LLC
9501 West Devon, Suite 300
Kosemont, IL 60018
Office: 847425.8600
Mobile: 630-987-9800
Email: wryan@iyamyanlaw.com
Notices shall be deemed effective on the date of receipt, regardless of whether delivery is refused
by the addressee. Any party may change its address for the service of notice by giving notice of
such change five (5) days prior to the effective date of such change.
15. Miscellaneous: The paragraph headings or captions appearing in this Agreement are for
convenience only, are not a partofthis Agreement, and are not to be considered in interpreting this
Agreement. This written Agreement constitutes the complete agreement between the parties and
supersedes any prior oral or written agreements between the parties regarding the Property. This
Agreement can only be modified by a writing signed by all parties, and no waiver of any of its
tents will be effective unless in writing executed by the party waiving the tenn. This Agreement
binds and benefits the parties and their successors and assigns. This Agreement has been made
under the laws of the State of Illinois, and such laws will control its interpretation.
16. Remedies: If there is a default by the Buyer under the Agreement, and such default continues for
more than five (5) days after Seller provides Buyer with written notice of default, Seller may
terminate this Agreement by giving written notice of termination to the Buyer, and on such
termination, all payments made hereunder may be retained by Seller as liquidated damages, time
being the essence hereof. If there is a default by the Seller under the Agreement, and such default
continues for more than five (5) days alter Buyer provides Seller written notice of default, Buyer
may 1) terminate this Agreement by giving written notice of termination to the Seller, in which
event the Earnest Money shalt be immediately returned to Buyer, or 2) seek specific performance
of this Agreement, one of the foregoing remedies being the sole remedy of Buyer for Seller's
default; provided, however, if specific performance is not reasonably available to Buyer as a result
of Seller's act or omission, then Buyer shall have all rights and remedies at taw or ill equity for
Seller's breach hereof; All disputes shall be venued in McHenry County, Illinois and all disputes
shall be resolved under and pursuant to Illinois law,
17. Seller's Covenants. At all times prior to Closing, Seller shall not enter into any lease of any portion
of the Property, or enter into any other agreement with respect to the Property which cannot be
terminated prior to Closing, or any new encumbrance or other matter of record title, or make
application for any rezoning or other land use modification with respect to the Property, in any
case, without the prior written approval of Buyer, which approval shall be, requested by Seller to
Buyer in writing. At all times prior to Closing, Seller shall operate and manage the Property in
accordance with its prior practices, and in a good faith and commercially reasonable manner, and
shall, without limitation of the foregoing, maintain the Property in its current condition.
18. Service Contracts. Buyer shall not be obligated to assume any service contracts in connection with
the Property unless Buyer has provided written notice of Buyer's intent to assume saute not later
than Witty (3O) days prior to Closing, and Seller shall terminate at Closing, at Seller's expense, any
such service contracts not so assumed by Buyer (the Service Contracts expressly assumed by Buyer
hereunder are collectively, the "Assumed Contracts"), Notwithstanding anything contained herein
to the contrary, Seller shall, effective at or prior to Closing, terminate all leasing and management
contracts (if any) with respect to the Property
19. Electronic Signatures. This Agreement may be executed electronically and/or with digital
signatures, each of which shall be of the same legal effect, validity, or enforceability as a manually
executed signature or the use of a paper -based record keeping system, as the case may be, to the
extent and as provided for in any applicable law, including the Federal Electronic Signatures in
Global and National Commerce Act, and any applicable state laws based on the Uniform
Electronic Transactions Act.
[SIGNATURE PAGE TO FOLLOW]
10
Seller and Buyer have executed this Agreement effective as of the date first written above.
BUYER:
City of Mclicnry
By: 4A
ways J, t, Ma or
Il
SELLER:
Cosmopolitan Nad al Dank of Chicago, as
Trustee under n provisions of a Trust
Agre,mm d�i d /22/91 and known as Trust
EXHIBIT A
Leval DescriuHon of Proaerty
Parcel 1:
ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP 45 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF LOT 4 OF THE COUNTY CLERK'S
PLAT OF THE SOUTH 1/2 OF SECTION 26, ACCORDING TO THE PLAT THEREOF
RECORDED MAY 6,1902 AS DOCUMENT NUMBER 14084, IN BOOK 2 OF PLATS,
PAGE 38 AND RUNNING THENCE NORTH ALONG THE WEST LINE OF SAID LOT 41
45.84 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF THE STATE HIGHWAY
KNOWN AS ROUTE NO, 20 AND 611, THENCE SOUTHWESTERLY ALONG THE
SOUTHEASTERLY LINE OF SAID STATE HIGHWAY, 65.12 FEET TO A POINT;
THENCE SOUTHEASTERLY AT RIGHT ANGLES TO THE SAID STATE HIGHWAY,
150 FEET TO A POINT; THENCE NORTHEASTERLY ALONG A LINE WHICH IS
PARALLEL WITH THE SOUTHEASTERLY LINE OF SAID STATE HIGHWAY, A
DISTANCE OF 50 FEET TO A POINT; THENCE NORTHWESTERLY IN A STRAIGHT
LINE,103.65 FEET TO THE PLACE OF BEGINNING,IN MCHENRY COUNTY,
ILLINOIS. ALSO
Parcel 2:
ALL THAT PART OF THE SOUTHWEST 1/4 OF SECTION 26, TOWNSHIP 4S NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST SOUTHERLY CORNER OF A CERTAIN TRACT OF LAND
CONVEYED BY ROY A KENT TO MERLVIN J KENT BY DEED DATED APRIL 19,1928
AND RECORDED IN BOOK 189 OF DEEDS, PAGE 284 AND RUNNING THENCE
SOUTHWESTERLY PARALLEL WITH THE SOUTHERLY BOUNDARY OF THE
STATE HIGHWAY, NOW KNOWN AS ROUTE NUMBER 120, A DISTANCE OF 50
FEET; THENCE NORTHWESTERLY AT RIGHT ANGLES TO THE LAST DESCRIBED
LINE,147.82 FEET, MORE OR LESS, TO THE SOUTHERLY RIGHT OF WAY OF SAID
STATE HIGHWAY; THENCE NORTHEASTERLY ALONG THE SOUTHERLY RIGHT
OF WAY LINE THEREOF, 50 FEET MORE OR LESS, TO THE MOST WESTERLY
CORNER OF SAID LAND, CONVEYED AS AFORESAID; THENCE SOUTHEASTERLY
150 FEET TO THE PLACE OF BEGINNING, IN MCHENRY COUNTY, ILLINOIS, ALSO
Parcel 3:
A PARCEL OF LAND, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE
NORTH AND SOUTH'/, SECTION LLVE OF SECTION 26, TOWNSHIP 45 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN THE CITY OF MCHENRY,
WHERE SAID LINE INTERSECTS THE SOUTHWEST CORNER OF LOT 4 IN BLOCK
23 OF THE ORIGINAL PLAT OF MCHENRY, ACCORDING TO THE PLAT THEREOF
DATED JULY 6, 1840 IN BOOK "B" OF DEED, PAGE 160 FOR A PLACE OF
12
BEGINNING; THENCE NORTH ALONG SAID NORTH AND SOUTH 1/4 SECTION
LINE,134.63 FEET; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT 4 OF
COUNTY CLERK'S PLAT OF THE INTERSECTION WITH THE NORTHEASTERLY
LINE OF A CERTAIN TRACT OF LAND CONVEYED BY ROY A KENT TO MERLVIN J
KENT BY DEED DATED APRIL 19, 1928 AND RECORDED IN DEED RECORD 189,
PAGE 284; THENCE SOUTHEASTERLY ALONG THE NORTHEASTERLY LINE OF
SAID LAST DESCRIBED TRACT, 103.65 FEET; THENCE SOUTHWESTERLY ALONG
THE SOUTHERLY LINE OF SAID LAST DESCRIBED TRACT, 50 FEET AND ALONG A
PROJECTION OF SAID LINE FOR AN ADDITIONAL 50 FEET TO A POINT; THENCE
SOUTHEASTERLY ALONG A LINE PARALLEL WITH A PROJECTION OF THE
NORTHEASTERLY LINE OF THE LAST DESCRIBED TRACT, 12 1/2 FEET; THE,
EASTERLY ON A STRAIGHT LINE TO THE PLACE OF BEGINNING (EXCEPTING
AND RESERVING THEREFROM THAT PART THEREOF DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE NORTH AND SOUTH 1/4 SECTION LINE OF SAID
SECTION 26 WHERE SAID LINE INTERSECTS THE SOUTHWEST CORNER OF LOT 4
IN BLOCK 23 OF THE ORIGINAL PLAT OF MCHENRY, ACCORDING TO THE PLAT
THEREOF DATED JULY 6, 18401N BOOK "B" OF DEEDS, PAGE 160 AND RUNNING
THENCE NORTH ALONG SAID NORTH AND SOUTH 114 SECTION LINE, A
DISTANCE OF 134.63 FEET; THENCE WESTERLY ALONG THE SOUTH LINE OF LOT
4 OF THE COUNTY CLERK'S PLAT, BEING ALONG A LINE FORMING AN ANGLE
OF 89 DEGREES 53 MINUTES TO THE LEFT WITH A PROLONGATION OF THE
LAST DESCRIBED LINE, FOR A DISTANCE OF 55.0 FEET TO A POINT; THENCE
SOUTHERLY ON A LINE FORMING AN ANGLE OF 97 DEGREES 49 MINUTES TO
THE LEFT WITH A PROLONGATION OF THE LAST DESCRIBED LINE, A DISTANCE
OF 137.5 FEET TO A POINT; THENCE EASTERLY ON A LINE FORMING AN ANGLE
OF 84 DEGREES 42 MINUTES TO THE LEFT WITH A PROLONGATION OF THE
LAST DESCRIBED LINE, A DISTANCE OF 37 FEET TO THE PLACE OF BEGINNING),
IN MCHENRY COUNTY, ILLINOIS
EXCEPTING FROM THE AFOREM);NTIONED PARCELS 1, 2 AND 3 TAKEN AS A
TRACT, THAT PART LYING NORTHEASTERLY OF A LINE DRAWN FROM A POINT
IN THE NORTHWESTERLY LINE OF SAID TRACT 57.72 FEET NORTHEASTERLY OF
THE NORTHWEST CORNER THEREOF TO A POINT IN THE SOUTH LINE OF SAID
TRACT 59.58 FEET EAST OF THE SOUTHWEST CORNER THEREOF; ALSO EXCEPT
FROM SAID TRACT THE SOUTHWESTERLY 50.0 FEET, AS MEASURED AT RIGHT
ANGLES, OF THE NORTHWESTERLY 150.0 FEET, AS MEASURED AT RIGHT
ANGLES THEREOF, ALL IN MCHENRY COUNTY, ILLINOIS
ALSO EXCEPTING THEREFROM THE FOLLOWING LAND TAKEN INCASE 12ED821
DESCRIBED AS .FOLLOWS:
A PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN WITH BEARINGS
REFERENCED 110 THE ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST
ZONE (NAD 83) DESCRIBED AS FOLLOWS:
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COMMENCING AT THE SOUTHWEST CORNER OF LOT 4 OF THE COUNTY
CLERK'S PLAT OF THE SOUTH HALF OF SECTION 264 BEING A SUBDIVISION OF
PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED MAY 6, 1902 AS DOCUMENT NO, 140061N BOOK 2 OF PLATS,
PAGE 38 IN MCHENRY COUNTY, ILLINOIS; THENCE ALONG THE WEST LINE OF
SAID LOT 4 NORTH 00 DEGREES 23 MINUTES 21 SECONDS WEST, 40.01 FEET TO
THE POINT OF BEGINNING; THENCE SOUTH 85 DEGREES 15 MINUTES 36
SECONDS WEST,16609 FEET THENCE SOUTH 71 DEGREES 26 MINUTES 31
SECONDS WEST, 58.30 FEET; THENCE NORTH 18 DEGREES 33 MINUTES 29
SECONDS WEST, 3.00 FEET; THENCE SOUTH 71 DEGREES 26 MINUTES 31 SECONDS
WEST, 38.48 FEET; THENCE NORTH 18 DEGREES 08 MINUTES 27 SECONDS WEST,
2.38 FEET TO A POINT ON THE SOUTHEASTERLY LINE OF ILLINOIS STATE
ROUTE 120 AS DESCRIBED BY THE DEED RECORDED AUGUST 9, 1991 AS
DOCUMENT NO.91R030153; THENCE ALONG SAID SOUTHEASTERLY LINE NORTH
71 DEGREES 51 MINUTES 33 SECONDS EAST,115.12 FEET TO THE POINT OF
INTERSECTION WITH THE WEST LINE OF SAID LOT 4; THENCE ALONG SAID
WEST LINE, SOUTH 00 DEGREES 23 MINUTES 21 SECONDS EAST, 8.83 FEET TO
THE POINT OF BEGINNING IN MCHENRY COUNTY, ILLINOIS. ALSO
A PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH,
RANGES EAST OF THE THIRD PRINCIPAL MERIDIAN WITH BEARINGS
REFERENCED TO THE ILLINOIS STATE PLANE COORDINATE SYSTEM, EAST
ZONE (NAD 83) DESCRIBED AS FOLLOWS;
COMMENCING AT THE SOUTHWEST CORNER OF LOT 4 OF THE COUNTY
CLERK'S PLAT OF THE SOUTH HALF OF SECTION 26, BEING A SUBDIVISION OF
PART OF THE SOUTHWEST QUARTER OF SECTION 26, TOWNSHIP 45 NORTH,
RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED MAY 6; 1902 AS DOCUMENT NO* 14006 IN BOOK 2 OF PLATS,
PAGE 381N MCHENRY COUNTY, ILLINOIS; THENCE ALONG THE WEST LINE OF
SAID LOT 4, NORTH 00 DEGREES 23 MINUTES 21 SECONDS WE, 40.01 FEET;
THENCE SOUTH 85 DEGREES 15 MINUTES 36 SECONDS WEST, 16.09 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 18 DEGREES 33 MINUTES 29 SECONDS
EAST, 5.00 FEET; THENCE SOUTH 71 DEGREES 26 MINUTES 31 SECONDS WEST,
96,82 FEET; THENCE NORTH 18 DEGREES 08 MINUTES 27 SECONDS WEST, 8.00
FEET; THENCE NORTH 71 DEGREES 26 MINUTES 31 SECONDS EAST, 38.48 FEET;
THENCE SOUTH 18 DEGREES 33 MINUTES 29 SECONDS EAST, 3.00 FEET; THENCE
NORTH 71 DEGREES 26 MINUTES 31 SECONDS EAST, 58.30 FEET TO THE POINT OF
BEGINNING, IN MCHENRY COUNTY, ILLINOIS
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