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HomeMy WebLinkAboutOrdinances - O-78-168 - 10/02/1978 - AUTHORIZE ANNEX AGMT HARDING ANDERSONr' ORDINANCE NO. 0 -Q-�lr� AN ORDINANCE PROVIDING FOR THE APPROVAL OF A PROPOSED ANNEXATION AGREEMENT BETWEEN THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS AND McHENRY STATE BANK AS TRUSTEE UNDER THE PROVISIONS OF A TRUST AGREEMENT DATED THE 14TH DAY OF MARCH, 1978, AND KNOWN AS TRUST NO. 1458, AND GE RTRUDE M. ANDERSON, AND HARDING REAL ESTATE COMPANY, INC., AN ILLINOIS CORPORATION WHEREAS, McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated the 14th day of March, 1978, and known as Trust No. 1458 is the record owner of a certain parcel of real estate described as follows: TRACT A The East Half of the Northeast Quarter of Section 20, (ex- cepting and reserving therefrom the West one acre thereof); also part of the Northeast Quarter of the Southeast Quarter of said Section 20, bounded and described as follows, to - wit: Beginning at the Northeast corner of the said North- east Quarter of the Southeast Quarter and running thence West along the North line thereof, 79 rods; thence South about 2 rods; thence Easterly to a point 20 rods West of the East line of the said Northeast Quarter of the Southeast Quarter and 3 rods South of the North line of the said Northeast Quarter of the Southeast Quarter; thence South 8 rods; thence Easterly to a point 12-1/2 rods South of the Northeast corner of the said Northeast Quarter of the South- east Quarter; thence North to the place of beginning, also the Northwest Quarter of Section 21 (excepting and reserving therefrom the East Half of the Northeast Quarter of the Northwest Quarter of said Section 21) also the Northwest Quarter of the Southwest Quarter of said Section 21 (ex- cepting and reserving therefrom all that portion thereof lying West of the fence on the West side of the highway and now enclosed by fence and occupied by Abbie L. Martin and also excepting therefrom that part of Section 21 described as follows: Beginning at the Southwest corner of the North- west Quarter of Section 21 and running thence North on the West line thereof for a distance of 100 feet to a point; thence East at right angles to the last described line, at the last described point, for a distance of 200 feet to a point; thence South at right angles to the last described line, at the last described point, for a distance of 217.49 feet to a point in the center line of a public highway commonly known as Martin Road; thence Southwesterly for a distance of 201.14 feet to a point on the West line of the Northwest Quarter of the Southwest Quarter of said Section 21, said point being 146.25 feet South of the place of beginning; thence North on the West line thereof to the place of beginning) in McHenry County, Illinois. MAP IS ATTACHED TO ORIGINAL and WHEREAS, GERTRUDE M. ANDERSON is the owner of record of a certain parcel of real estate described as follows: TRACT B The Southwest Quarter of the Southwest Quarter and the West Half of the Southeast Quarter of the Southwest Quarter of Section 21; also of that part of the Northwest Quarter of Section 28, described as follows: Commencing at the North- west corner of said Quarter Section and running thence East on the North line thereof to the Northerly right of way line of State Route 120 and the place of beginning; thence con- tinuing East on the North line of said Quarter Section to a point which is 1,826.26 feet West of the Northeast corner thereof; thence Southerly on a line forming an angle of 93' and 58' to the right with a prolongation of the last des- cribed line, at the last described point, to the Northerly right of way line of said State Route 120; thence North- westerly on the Northerly right of way line of State Route 120 to the place of beginning; also the Southeast Quarter of the Southeast Quarter of Section 20, all being in Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. and WHEREAS, a portion of the real estate described in TRACT A is contiguous to the corporate limits of the City of McHenry, Illinois; and WHEREAS, the real estate described in TRACTS A and B constitute parcels of land which are contiguous with each other and which when taken as whole constitute territory which is contiguous to the City of McHenry, Illinois; and WHEREAS, notice of public hearing was published in the McHENRY PLAINDEALER, a newspaper of general circulation pub- lished in the City, within the time provided by law, noti- fying the public of a hearing on said proposed Annexation Agreement to be held before the Corporate Authorities of the City of McHenry, McHenry County, Illinois on the 14th day of June, 1978 at 7:30 p.m.; and WHEREAS, the Corporate Authorities of the City of McHenry have held the hearing as required by law and have found the entry into said Agreement will not be detrimental -2- to the public health, welfare, or safety of the inhabitants of the City of McHenry, McHenry County, Illinois; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF McHENRY, McHENRY COUNTY, ILLINOIS AS FOLLOWS: SECTION I: The Annexation Agreement bearing the 2nd day of October , 1978, by and between the City of McHenry, a Municipal Corporation in the State of Illinois, and McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated the 14th day of March, GtRTRWc- M . f1NDERtun1 1978, and known as Trust No. 1458,A and HARDING REAL ESTATE COMPANY, INC., an Illinois Corporation, be and the same is hereby approved. A complete and accurate copy of said Annexation Agreement is attached to this Ordinance and incorporated herein by reference as Exhibit A. SECTION II: The Mayor and City Clerk of the City of McHenry are authorized to affix their signatures as Mayor and City Clerk of said City to said Agreement for the uses and purposes therein set forth. SECTION III: This Ordinance shall be known as Ordi- nance No.0-78-167 and shall be in full force and effect immedi- ately after its passage and approval as required by law. PASSED by a two-thirds (2/3rds) majority of the Corporate Authorities of the City of McHenry and approved by me this 2nd day of October , 1978. AYE: Bolger Nolan Harker Da tz Smith Adams Schooley Stanek =3- NAY: None ABSENT: Rogers ATTEST: City Clerk PASSED: Oct. 2, 1978 APPROVED: Oct. 2, 1978 NUMBER VOTING AYE: 8 NUMBER VOTING NAY: 0 NUMBER ABSTAINING: 0 NUMBER ABSENT: 1 AP VED AS TO FORM: City Attorney CITY OF McHENRY BY: �� �-, Z, is Kayor -4- 0 ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this 2nd day of October , 1978, by and between the CITY OF McHENRY, a Municipal Corporation in the State of Illinois, (hereinafter referred to as "CITY"), by and through its Mayor and Members of the City Council, (hereinafter referred to collectively as "CORPORATE AUTHORITIES"), and McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated the 14th day of March, 1978, and known as Trust No. 1458 and GERTRUDE M. ANDERSON, (hereinafter referred to as "OWNER") and HARDING REAL ESTATE COMPANY, INC., an Illinois Cor- poration, (hereinafter referred to as "DEVELOPERS" or "CONTRACT PURCHASER"). WITNESSETH: WHEREAS, the McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated the 14th day of March, 1978, and known as Trust No. 1458 is the owner of record of a certain parcel of real estate, the legal description of which is set forth in Exhibit "A" attached hereto and made a part hereof by reference and which is hereinafter referred to in its entirety as TRACT A; and WHEREAS, GERTRUDE M. ANDERSON is the owner of record of certain real estate, the legal description of which is set forth on Exhibit "B" which is attached hereto and made a part hereof by reference and which is hereinafter referred to in its entirety as TRACT B; and WHEREAS, a portion of TRACT B is contiguous to the corporate limits of the City of McHenry, Illinois; and WHEREAS, TRACTS A and B constitute parcels of land which are contiguous with each other and which when taken as a whole constitute territory which is contiguous to and may be annexed to the City of McHenry, Illinois, as provided in Article VII of the Illinois Municipal Code, (Chapter 24, Illinois Revised Statutes, 1975); and WHEREAS, the OWNER and DEVELOPERS desire to have said TRACTS A and B annexed to the City of McHenry upon certain terms and conditions herein set forth; and WHEREAS, the OWNER and DEVELOPERS desire to have said TRACTS A and B annexed to the City of McHenry; and WHEREAS, the CORPORATE AUTHORITIES after due and care- ful consideration have concluded that the annexation of said TRACTS A and B to the City, under the terms and conditions hereinafter set forth, would further the growth of the City, enable the City to control the development of the area, and serve the bests interests of the City; and WHEREAS, pursuant to the provision of Section 11-15.1- 1, et. seq. of the Illinois Municipal Code, (Chapter 24, Illinois Revised Statutes, 1975), a proposed Annexation Agreement was submitted to the CORPORATE AUTHORITIES and a public hearing was held thereon before the City Council of the City of McHenry pursuant to notice, as provided by Statutes of the State of Illinois; and WHEREAS, the Plan Commission of the City of McHenry recommended approval of the Preliminary Plat of Subdivision on August 10, 1978; and WHEREAS, the OWNER and/or DEVELOPERS do not by this Agreement seek the amendment of any Ordinance of the City relating to subdivision control, zoning, official plan or building code and related restrictions except as specified herein; FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS CON- TAINED HEREIN, IT IS AGREED AS FOLLOWS: -2- 1. This Agreement is made pursuant to and in accor- dance with the provisions of Section 11-15.1-1, et. seq. of the Illinois Municipal Code, (Chapter 24, Illinois Revised Statutes, 1975); that said statutory provisions provide for annexation agreements to be entered into between owners of record and municipalities; that all of the requirements of the Illinois Revised Statutes and specifically, Section 11- 15.1-1, et. seq. of the Illinois Muncipal Code in regard to publication and notice have been met prior to the date fixed for the hearing on the proposed Agreement. 2. That this Agreement is entered into after a public hearing before the CORPORATE AUTHORITIES of the City of McHenry which hearing was held June 14, 1978, and continued from time to time, in accordance with the provisions of the aforesaid Statutes of the State of Illinois. 3. That the purpose of this Agreement is to provide for annexation of the real estate described in Exhibits "A" and "B" attached hereto and made a part hereof to the City of McHenry, Illinois upon the terms and conditions described in this Agreement. 4. That the OWNER and DEVELOPERS will file with the City Clerk of the City of McHenry a proper Petition for Annexation conditioned upon the terms and provisions of an Agreement to annex the real estate described in Exhibits "A" and "B" attached hereto and made a part hereof to the City of McHenry. 5. That the CORPORATE AUTHORITIES, upon execution of this Agreement will, pursuant to the Petition for Annexation herein filed, enact an Ordinance annexing the real estate described in Exhibits "A" and "B" attached hereto and made a part hereof and also any adjacent highways as required by law. -3- 6. That under the provisions of the City of McHenry Zoning Ordinance, as now in effect, any real estate which is annexed to the City of McHenry is automatically classi- fied "R-1", SINGLE FAMILY DISTRICT. 7. That TRACTS A and B will be classified "R-1", SINGLE FAMILY DISTRICT within the meaning of the City of McHenry Zoning Ordinance upon annexation to the City of McHenry. 8. That TRACTS A and B which are the subject of this Annexation Agreement are now under the jurisdiction of the County of McHenry and are presently classified "F", FARMING DISTRICT within the meaning of the County of McHenry Zoning Ordinance. 9. That immediately upon annexation of the heretofore described real estate to the City of McHenry, the CORPORATE AUTHORITIES shall adopt an Ordinance or Ordinances so as to provide that TRACTS A and B be classified "R-1", SINGLE FAMILY DISTRICT. 10. That it is understood and agreed by the parties hereto that time is of the essence of this Agreement, and that all of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof; it is further understood and agreed by the parties that the successful consummation of this Agreement requires their continued cooperation. 11. Notwithstanding the City's Subdivision Ordinances, the City agrees that the OWNER and/or DEVELOPERS shall be under no obligation to construct or dedicate any subdivision roads, or dedicate any subdivision easements to the City until a final plat of subdivision encompassing the subject area in which the road or dedication is located has been approved by the CORPORATE AUTHORITIES. Upon such approval, roads included -4- in the final plat shall be constructed by the DEVELOPERS, their successors, grantees or assigns at DEVELOPERS' expense, in accordance with the provisions of the City of McHery Subdivision Control Ordinance. 12. The City of McHenry acknowledges that its present Subdivision Control Ordinance does not require the construc- tion of curbs, gutters or sidewalks in connection with the Subdivision of "R-1", SINGLE FAMILY DISTRICT lots. The City further agrees that the premises annexed under the terms and provisions of this Agreement shall be exempted from the provisions of any future Subdivision Control Ordinance requirements relating to curbs, gutters and sidewalks; provided, however, that the DEVELOPERS nevertheless agree to install curbs and gutters at such locations and in accor- dance with such specifications as may be from time to time designated by the City Engineer when, in the City Engineer's discretion, the installation of such curbs and gutters becomes desirable for the purpose of preventing erosion from surface water runoff. 13. The parties agree that neither of them shall be under any obligation to extend the existing municipal sewer and water lines from their present terminus to serve the subject property, and the City further agrees to permit the DEVELOPERS to use septic and well systems on each parcel developed; provided further that it is the intent of the parties hereto that this provision of this Agreement shall survive any amendment of the City of McHenry Subdivision Control Ordinance which would require at a future date the development of the subject real estate by means of the extension of municipal utilities including sewer and water. 14. In lieu of the land donation required by the CITY'S Ordinances, the DEVELOPERS of TRACT A hereby agree to -5- donate TWENTY THOUSAND AND N0/100 ($20,000.00) DOLLARS annually for the next four (4) years on or before the anniversary date of this Agreement to the City of McHenry Park Fund, for a total contribution of EIGHTY THOUSAND AND N0/100 ($80,000.00) DOLLARS. In return for the aforesaid EIGHTY THOUSAND AND N0/100 ($80,000.00) DOLLARS donation, the CITY hereby agrees that the DEVELOPERS of TRACT A, their heirs, successors, executors and assigns shall not be required, except as provided in this Agreement, to dedicate any land to the CITY, Park District, School District or any other govern- mental body during the term of this Agreement. It is further understood and agreed between the parties hereto that the cash contributions specified in the afore -described City Ordinances shall not be subject to any credit for the EIGHTY THOUSAND AND N0/100 ($80,000.00) DOLLARS cash contribution specified above but shall be in addition thereto. 15. Notwithstanding anything contained herein to the contrary, the CORPORATE AUTHORITIES agree to permit the development of the subject property on single family home - sites with a lot size of 40,000 square feet. 16. It is not the intent of the parties to this Agree- ment to freeze any fees now or hereafter required by the CITY in connection with building permits, capital develop- ment, plan review, inspection fees, sewer and water tap on, or other regulatory fees or charges having to do with sub- division construction or development except as specified herein, nor is it the intent of this Agreement to grant any variance to the DEVELOPERS with regard to the premises herein described from the terms and provisions of any Ordi- nance or regulation of the CITY, except as specified herein. Notwithstanding anything contained in this para- graph to the contrary, it is hereby agreed between the parties hereto that: (a) That the provisions of this Agreement in Para- graphs 12 and 13 hereof shall survive any amend- ment of the City of McHenry Subdivision Control Ordinance with respect to the question of instal- lation of municipal utilities and/or the installa- tion of curbs and gutters in the subject develop- ment. (b) In return for the EIGHTY THOUSAND AND N0/100 ($80,000.00) DOLLARS donation specified in Para- graph 14 hereof, the CITY hereby agrees that, that portion of the current cash contributions speci- fied in the Ordinances of the City of McHenry relating to city park fund donations as the same exist on the date of execution hereof shall apply to TRACT A for a term of four (4) years from the date of execution hereof and at the end of said four (4) year term, the then existing city park donation ordinances shall apply to said TRACT A. However, it is not the intent of the parties hereto to freeze any cash donations now or here- after required by the CITY'S Ordinances relating to developer donations except as specified herein. (c) It is further agreed that the said current cash contributions specified in the Ordinances of the City of McHenry relating to donations to govern- mental bodies shall be paid to the City of McHenry by the DEVELOPERS upon the sale of each lot covered by a final plat of subdivision. However, if not sooner paid, one-half (1/2) of the total donation due for the total number of lots within said final plat shall be due eighteen (18) months after said final plat is recorded and the remaining balance, if not sooner paid, shall be due thirty-six (36) months after said final plat is recorded, and a notation relating to the payment of said donations shall be placed upon and recorded with any final plat submitted to the CITY. 17. DEVELOPERS agree that the premises annexed pur- suant to the terms of this Agreement shall be developed only in accordance with the provisions of the City of McHenry Zoning Ordinance relating to "R-1", SINGLE FAMILY DISTRICT classification; and the DEVELOPERS agree to subdivide said territory in accordance with the procedures and provisions contained in the Subdivision Control Ordinance of the City of McHenry in effect at the time such subdivision of any of -7- the annexed territory is sought, subject, however, to the understanding of the parties hereto relating to the in- stallation of curbs and gutters hereinabove mentioned. 18. DEVELOPERS agree to advance the cost of construc- tion, engineering fees and miscellaneous costs, as may be from time to time approved by the City Council and at such times as required by the City Council for the installation of a matte surface on Martin Road from Illinois State Route 120 to Ringwood Road, according to the specifications for ,;,such matte surface s designated by the City Engine 1 Iz Howeve A the�mato surfaceeoon Martin Road shall two and one-half (2-1/2) inches in thickness the paved surface - twenty-two (22) feet in width with shoulders as required by the City Engineer. All of the above mentioned items shall be done at such time as the CITY requests same, but in any event all of said items shall be completed before the expiration of this Agreement. It is further understood and agreed that the aforesaid covenants, representations and agreements shall be deemed to be covenants running with the land and shall inure to the benefit of and be binding upon the heirs, successors, executors and assigns of the OWNERS and/or DEVELOPERS. 19. The DEVELOPERS are submitting herewith a pre- liminary plat of subdivision for a portion of TRACT A, a copy of which is attached hereto and made a part hereof as Ex- hibit "C". The CITY hereby agrees to approve said pre- liminary plat upon the passage of an Ordinance reclassifying the zoning of TRACTS A and B aforesaid to "R-1", SINGLE FAMILY DISTRICT. Upon approval of the final plat of subdivision for the subject property depicted on Exhibit "C" attached hereto, M the OWNER and/or DEVELOPERS agree: (a) To dedicate land to the CITY for a sixty (60) foot right of way along the Martin Road frontage of TRACTS A and B described herein. (b) To dedicate land to the CITY, or to whom the CITY may direct, a twenty (20) foot strip along TRACT B'S Illinois State Route 120 frontage for highway purposes when development of TRACT B occurs. (c) In the event TRACT B is developed in the CITY, then any such development shall include the dedication and improvement of Sherman Road accor- ding to the CITY'S specifications by the bene- fitted abutting property owners including the OWNERS of TRACT B. (d) To dedicate a twenty (20) foot strip of land along TRACT A's Ringwood Road frontage for right of way purposes. (e) To place covenants and restrictions of record con- current with the final plat which shall provide that any tree, brush, or leaf removal will be the lot owners' responsibility and not the responsi- bility of the CITY. (f) The parties hereto hereby agree that any engineer hired by the DEVELOPERS to perform engineering services with respect to the subject development must be approved by the City of McHenry even though the DEVELOPERS shall be responsible for all costs and charges of said engineering firm. It is further agreed that the engineering firm selected by the DEVELOPERS and approved by the City of McHenry shall agree to abide by the specifications for the development of the subject real estate as set forth by the City Engineer or any other engi- neering firm hired by the CITY in its discretion to consult with the engineer and the DEVELOPERS with respect to the subject development. (g) For the aforedescribed dedications, DEVELOPERS will procure a proper plat of dedication and a commitment for title insurance from a title in- surance company licensed to do business in the State of Illinois covering the aforedescribed dedicated parcels showing title in the OWNER subject only to the usual stock objections. 20. It is understood and agreed that Harding Real Estate Company, Inc. shall execute a non -interest bearing note for EIGHTY THOUSAND AND N0/100 ($80,000.00) DOLLARS payable to the City of McHenry in a form acceptable to the City Attorney, which note shall provide for payments to WE coincide with the donation delineated in Paragraph 14 hereof. In addition, said note shall be personally guaran- teed by John Harding and Thomas D. Harding. 21. The parties hereto agree that those portions of TRACTS A and B not under development for residential pur- poses may be used for agricultural purposes and that said use shall survive the termination of this Agreement as provided by Statute and in addition thereto said agricul- tural use shall be recognized as a legal non -conforming use within the meaning of the City of McHenry Zoning Ordinance. 22. This Agreement is binding upon the parties hereto, and their respective successors and assigns for a full term of ten (10) years commencing, as of the date hereof, as provided by Statute and to the extent permitted thereby, it is agreed that in the event that the annexation of the OWNER'S real estate or the terms of this Agreement are challenged in any Court proceeding, the period of time during which such litigation is pending shall not be in- cluded in the calculation of said ten (10) year period. 23. DEVELOPERS shall, upon request, reimburse the CITY for all its attorney's fees, planning consultant's fees, personnel fees and all administrative fees and costs arising out of and in connection with proceedings relating to the annexation of the property herein described. 24. If any provision of this Agreement is declared invalid or illegal, the remainder of the Agreement shall not be effected thereby. 25. The covenants and agreements contained in this Agreement shall be deemed to be covenants running with the land during the term of this Agreement and shall inure to -10- the benefit of and be binding upon the heirs, successors and assigns of the parties, including the City, its CORPORATE AUTHORITIES and their successors in office and be enforce- able by order of Court pursuant to its provisions and the applicable Statutes of the State of Illinois. IN WITNESS WHEREOF, the CORPORATE AUTHORITIES and the OWNERS have hereunto set their hands and seals, and have caused this instrument to be executed by their duly authorized officials and the corporate seal attached thereto, all on the day and year first written above. CITY OF McHENRY By: 1/ Its ayor (SEAL) PROVED AS TO FORM: City Attorney STATE OF ILLINOIS ) ) SS. COUNTY OF McHENRY ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that JOSEPH B. STANEK and BARBARA E. GILPIN, personally known to me to be the Mayor and City Clerk, respectively, of the CITY OF McHENRY, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, -11- appeared before me this day in person and severally ack- nowledged that they signed and delivered said instrument as such Mayor and City Clerk of said Corporation, and caused the Corporate Seal of said Corporation to be affixed thereto pursuant to the authority, given by the City Council of said Corporation as their free and voluntary act, and as the free and voluntary act and deed of said Corporation, for the uses and purposes therein set forth. My Commission Expires: 8-14-82 -12- Notary P b is McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated the 14th day of March, 1978 and known as Trust No. 1458 ATTEST ItS;j/���Pr���Tr�iet. f icer ( SEAL ) STATE OF ILLINOIS ) ) SS. COUNTY OF McHENRY ) Its Trust Officerg-. Vice Pres. This fC�aai` Wexecuted by McHenry State Bank as Trustee upon the express understanding that it enters into the some not personally but only as trustee and that no personal liability is assumed by nor shall be asserted or enforced against the McHenry St,3te Bank because or on account of executing this contract or of anything herein contained, all such liability, if any, being expressly waived by the vendee; nor shall the McHenry State Bank be held personally lioh e upon or in consequence of any of the cc;venonts of this contract either expressed or implied. Or d n.) ail y sholl rest upon the McHenry State Bank to s,ques;er the trust property or the rents, issues and protitsris- ing therefrom, or the proceeds arising trom any sale or other disposition thereof. I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above named Len`ra F Frisby-• and Robert B. Schneider Trust Offi ers respectively Vick, President and §qqR§jj#Ry of the McHENRY STATE BANK, Trustee aforesaid, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Vice Presidentsand Trust Officers g$rxetary, respective, appeared before me this day in person and severally acknowledged that they signed and delivered said instrument as their own free and voluntary act of said Corporation, for the uses and purposes therein set forth and that said Secretary then and there acknowledged that Vice P es. 8 T ustL-0 rtWaian of the Corporate Seal of said Corporation, caused the Corporate Seal of said Corporation Vice Pres & Tust ,Officer's to be affixed to said instrument as said APAFAMxs own free and voluntary act and as the free and voluntary act -13- of the Corporation for the uses and purposes therein set forth. My Commission Expires: -14- Notary Public ATA XlIts Secretar (SEAL) STATE OF ILLINOIS SS. COUNTY OF MCHENRY HARDING REAL ESTATE COMPANY, INC., an Illinois Corporation By: Its President/ I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that the above named John E. Harding and Thomas D. Harding , respectively President and Secretary of the HARDING REAL ESTATE COMPANY, INC., aforesaid, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such President and Secretary, respective, appeared before me this day in person and severally acknowledged that they signed and delivered said instrument as their own free and voluntary act of said Corporation, for the uses and purposes therein set forth and that said Secretary then and there acknowledged that Secretary, as Custodian of the Corporate Seal of said Corporation, caused the Corporate Seal of said Corporation to be affixed to said instrument as said Secretary's own free and voluntary act and as the free and voluntary act of the Corporation for the uses and purposes therein set forth. My Commission Expires: -15- Gertrude M. Anderson STATE OF ILLINOIS ) ) SS. COUNTY OF McHENRY ) I, the undersigned, a Notary Public in and for the County and State aforesaid, DO HEREBY CERTIFY that GERTRUDE M. ANDERSON, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person and acknowledged that she signed and delivered said instrument as her free and volun- tary act for the uses and purposes therein set forth. Notary Public My Commission Expires: EXHIBIT "A" TRACT "A" The East Half of the Northeast Quarter of Section 20, (excepting and reserving therefrom the West one acre thereof); also part of the Northeast Quarter of the Southeast Quarter of said Section 20, bounded and described as follows, to -wit: Beginning at the Northeast corner of the said Northeast Quarter of the Southeast Quarter and running thence West along the North line thereof, 79 rods; thence South about 2 rods; thence Easterly to a point 20 rods West of the East line of the said Northeast Quarter of the Southeast Quarter and 3 rods South of the North line of the said Northeast Quarter of the Southeast Quarter; thence South B rods; thence Easterly to a point 12-1/2 rods South of the Northeast corner of the said Northeast Quarter of the Southeast Quarter; thence North to the place of beginning, Llao the'Northwest Quarter of Section 21 (excepting and reserving therefrom the East Half of the Northeast Quarter of the Northwest Quarter of said Section 21) also the Northwest Quarter of the Southwest Quarter of said Section 21 (excepting and reserving therefrom all that portion thereof lying West of the fence on the West side of the highway and now enclosed by fence and occupied by Abbie L. Martin and also excepting therefrom that part of Section 21 described as follows: Beginning at the Southwest corner of the Northwest Quarter of Section 21 and running thence North on the West line thereof for a distance of 100 feet to a point; thence East at right angles to the last described line, at the last described point, for a distance of 200 feet to a point; thence South at right angles to the last described line, at the last described point, for a distance of 217.49 feet to a point in the center line of a public highway commonly known as Martin Road; thence Southwesterly for a distance of 201.14 feet to a point on the West line of the Northwest Quarter of the Southwest Quarter of said Section 21, said point being 146.25 feet South of the place of beginning; thence North on the West line thereof to the place of beginning) in McHenry County, Illinois. 1 A� EXHIBIT "B" TRACT "B" The Southwest Quarter of the Southwest Quarter and the West Half of the Southeast Quarter of the Southwest Quarter of Section 211 also of that part of the Northwest Quarter of Section 28, described as follows: Commencing at the Northwest corner of said Quarter Section and running thence East on the North line thereof to the Northerly right of way line of State Route 120 and the place of beginning) thence continuing East on the North line of said Quarter Section to a point which is 1,826.26 feet West of the Northeast corner thereof] thence Southerly on a line forming an angle of 930 and 58' to the right with a prolongation of the last described line, at the last described point, to the Northerly right of way line of said State Route 1201 thence Northwesterly on the Northerly right of way line of State Route 120 to the place of beginning; also the Southeast Quarter of the Southeast Quarter of Section 20, all being in Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois.