HomeMy WebLinkAboutOrdinances - O-78-173 - 10/16/1978 - PROVIDE FOR ANNEX KAUFMAN GLOSSON PROPERTY0-78-173
AN ORDINANCE
CONCERNING THE ANNEXATION OF CERTAIN
LANDS TO THE CITY OF McHENRY_ ILLINOIS
WHEREAS, a Petition was filed with the City of McHenry requesting
a hearing on the content of a proposed Pre -Annexation Agreement by and
between the CITY OF McHENRY, a Municipal Corporation of the State of
Illinois, by and through its Mayor and Members of the City Council, and
THE GUARANTEE BANK & TRUST COMPANY, as 'Trustee under the
provisions of a Trust Agreement dated the lst day of December, 1973 and
known as Trust No. 11981, and ARNOLD M. KAUFMAN ,and HE.LEN S.
KAUFMAN, his wife, and DOUGLAS GLOSSON and JACQUELINE GLOSSON,
his wife; and
WHEREAS, hearings were had in regard to said Pre -Annexation
Agreement before the Mayor and City Council of the City of McHenry
and the Zoning Board of Appeals; and
WHEREAS, as a result of such hearings, and consideration of the
evidence given and exhibits presented, the Mayor and the City Council
have determined that the request of the Petition, taken in concert with the
Pre -Annexation Agreement, and the exhibits which are a part thereof, is
in harmony and keeping with the proper and orderly development and
improvement of the City of McHenry;
NOW, THEREFORE, BE IT ORDAINED by the Mayor and the City Council
of the City of McHenry, Illinois as follows:
1. That the following described property be and the same is hereby
annexed to the City of McHenry, a Municipal Corporation in the State of
Illinois:
MAP iS
ATTACHED TO GRI"GINAL
That part of the West Half of the Northeast Quarter of
Section 28, Township 45 North, Range 8 East of the Third
Principal Meridian, described as follows: Beginning at a
point on the West line of the West half of said Northeast
Quarter, said point being 1351. 20 feet South of the North-
west corner thereof; thence continuing South on the West
line thereof for a distance of 427. 70 feet to a point on the
Northerly right-of-way line of State Route 120, thence
Southeasterly on the Northerly right-of-way line of said
State Route 120 and being on a curve, convex Southwesterly,
and having a radius of 3759. 80 feet for a distance of
870. 57 feet, chord measurement, to a point of tangency;
thence Southeasterly on the Northerly right-of-way line of
said Route 120 and tangent to the last described line, at
the last described point, for a distance of 541. 32 feet to a
point on the East line of the West half of the Northeast
Quarter of said Section 28; thence North on the East line
thereof for a distance of 482. 58 feet to a point, said point
being 1775 feet South of the Northeast corner thereof;
thence Northwesterly in a straight and direct line for a
distance of 1390. 30 feet to a place of beginning, in
McHenry County, Illinois.
2. That this Ordinance is adopted pursuant to a Petition signed by
the owners of record of all the land in the aforesaid described territory
and all the electors residing thereon; that all of said territory is located
in McHenry County, Illinois; that said territory is not within the corporate
limits of any municipality and is not contiguous to the corporate limits of
any municipality and is contiguous to the corporate limits of the City of
McHenry, Illinois.
3. That attached hereto and made a part hereof is an accurate map
of said territory.
4. That this Ordinance shall be in full force and effect from and after
its passage and adoption according to law.
PASSED THIS 16TH DAY OF OCTOBER, 1978.
VOTING AYE: Harker, Datz, Adams, Rogers, Bolger, Nolan
VOTING NAY: None
ABSENT: Smith, Schoole
APPROVED THIS 16TH DAY OF OCTOBER, 1978.
ATTEST:
Mayor
City Clerk
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STATE OF ILLINOIS )
SS
COUNTY OF McHENRY )
C E R T I F I C A T I O N
I, BARBARA E. GILPIN, City Clerk of the City of McHenry, Illinois,
DO HEREBY CERTIFY that the annexed and foregoing is a true and
correct copy of an Ordinance on file in my office entitled "An Ordinance
Concerning the Annexation of Certain Lands to the City of McHenry,
Illinois. "
I DO FURTHER CERTIFY that the said Ordinance was passed and
adopted by the Mayor and City Council at a regular meeting of said
City Council duly held on the 16th day of October, 1978; that at said
meeting, on motion duly made and seconded that said Ordinance do pass,
the roll of members of said City Council was called and the vote of each
member present on the question of the passage of said Ordinance was duly
and separately taken by yeas and nays, and his name and vote recorded
in the minutes of said City Council that it appears from such record that
the result of said roll call vote so taken was as follows:
Yeas: Harker, Datz, Adams, Rogers, Bolger, Nolan
Nays: None
and that the number of affirmative votes so cast constitutes at least
two-thirds of the corporate authorities holding office on said date.
I DO FURTHER CERTIFY that the said Ordinance was deposited in
my office on the 16th day of October, 1978.
I DO FURTHER CERTIFY that said Ordinance, after passage thereof by
the said City, was approved by the Mayor of the City of McHenry.
I DO FURTHER CERTIFY that the original Ordinance, of which the
foregoing is a true copy, is entrusted to my care for safekeeping, and
that I am the lawful keeper of the same.
IN WITNESS WEREOF, I have hereunto set my hand and affixed
the corporate seal of the City of McHenry, Illinois aforesaid, at the
said City, in the County and State aforesaid, this 16th day of October, 1978.
City Clerk
(SEAL)
STATE OF IL LINOIS
COUNTY OF McHENRY
SS
AFFIDAVIT
The undersigned, JOHN E. LOOZE, being duly sworn, does make
affidavit that proper legal notice in regard to the annexation of land described
as follows:
That part of the West Half of the Northeast Quarter of Section
28, Township 45 North, Range 8 East of the 'Third Principal
Meridian, described as follows: Beginning at a point on the
West line of the West Half of said Northeast Quarter, said
point being 1351. 20 feet South of the Northwest corner thereof;
thence continuing South on the West line thereof for a distance
of 427. 70 feet to a point on the Northerly right-of-way line of
State Route 120; thence Southeasterly on the Northerly right-
of-way line of said State Route 120 and being on a curve, convex
Southwesterly, and having a radius of 3759. 80 feet: for a distance
of 870. 57 feet, chord measurement, to a point of tangency;
thence Southeasterly on the Northerly right: -of -way line of said
Route 120 and tangent to the last described line, at ffie last
described point, for a distance of 541. 32 feet to a point on the
East line of the West Half of the Northeast Quarter of said
Section 28; thence North on the East line thereof for a distance
of 482. 58 feet to a point, said point being, 1775 feet South of the
Northeast corner thereof; thence Northwesterly in a straight
and direct line for a distance of 1390. 30 feet to the place of
beginning, in McHenry County, Illinois.
has been served upon each of the Trustees of McHenry Township, the officers
of the McHenry Public Library, the McHenry Township Highway Commissione
and the McHenry Township Supervisor in full compliance with the provisions
of the Illinois Revised Statutes, Chapter 24, Section 7-1- 1.
That this affidavit accompanies the certified copy of Ordinance and
the Plat of said territory for recordation by the Recorder of Deeds of McHenry
County, Illinois.
/c, /1-71LI/
/ John E. Looze
Subscribed and Sworn to before me-
LOOZE & KINNE this loth day of October, 1978.
ATTORNEYS
9AII W. ELM STREET
1Y, ILLINOIS
Not6ry Public
3rd draft as per Council
meeting 9-20-78
EXHIBIT "C"
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ANNEXATION AGREEMENT
This Agreement made and entered into this 1F,th day of
Oc nher , 1978, by and between the CITY OF McHENRY, a
Municipal Corporation of the State of Illinois, (hereinafter
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referred to as "CITY"), by and through its :Mayor and Members of 1
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the City Council, (hereinafter referred to collectively as
"CORPORATE AUTHORITIES"), and THE GUARANTEE BANK & TRUST COMPANY,
as Trustee under the provisions of a Trust Aqreement dated the
lst day of December, 1973 and known as Trust No. 11981, and
ARNOLD M. KAUFMAN and HELEN S. KAUFMAN, his wife, and DOUGLAS
GLOSSON and JACQUELINE GLOSSON, his wife, (hereinafter referred
to as "OWNERS").
WITNESSETH:
WHEREAS, THE GUARANTEE BANK & TRUST COMPANY, as Trustee �(
under the provisions of a Trust Agreement dated the 7Lst day of
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December, 1973 and known as Trust No. 11981, is the owner of
record of that real estate which is fully described in paragraph I
5 hereof, which parcel is contiguous to the corporate limits of
the City of McHenry; and
WHEREAS, ARNOLD M. KAUFMAN and HELEN S. KAUFMAN, his
wife, are the owners of the entire beneficial interest in the
aforesaid Trust No. 11981; and
WHEREAS, DOUGLAS GLOSSON and JACQUELINE GLOSSON, his
wife, are the contingent contract purchasers of a portion of the
premises fully described in paragraph 5 hereof; and
WHEREAS, said parcel of real estate constitutes
territory which is contiguous to, and may be annexed to, the City
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of McHenry as provided for in Article VII of the Illinois Municipal
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Code, (Chapter 24, Illinois Revised Statutes, 1977); and
WHEREAS, the OWNERS desire to have said parcel of real i
estate annexed to the City of McHenry upon certain terms and i
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conditions herein set forth; and
WHEREAS, the CORPORATE AUTHORITIES after due and careful
consideration have concluded that the annexation of the herein
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described real estate to the CITY, under the terms and conditions
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as hereinafter ser forth, would further the growth of the CITY,
enable the CITY to control the development of the area and serve
in the best interest of the CITY and its inhabitants;
and
'j WHEREAS, the OWNERS do not, by this agreement, seek the
amendment of any ordinance of the CITY relating to subdivision
controls, the official plan, or building, housing and related
restrictions; and
WHEREAS, pursuant to the provisions of Section 11-15.1-1,
et. seq., of the Illinois Municipal Code, (Chapter 24, Illinois'
Revised Statutes, 1977), a proposed Annexation Agreement was
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submitted to the CORPORATE AUTHORITIES and a public hearing was
�! held thereon before the City Council of the City of McHenry
pursuant to proper notice, as provided by the :statutes of the i
!i State of Illinois;
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FOR AND IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN ;
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CONTAINED, IT IS AGREED AS FOLLOWS: i
I� 1. This agreement is made pursuant to and in accordance
Ji with the provisions of Section 11--51.1-1, et. secr. , of the Illinois;
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Municipal Code, (Chapter 24, Illinois Revised Statutes, 1.977);
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!� that said statutory Orovisions provide for annexation agreements
�! to be entered into by the owner of record and municipalities; that
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all of the requirements of the Illinois Revised Statutes and,
;specifically, Section 11-15.1-1, et. seq., of the Illinois Municipal
;Code in regard to publication and notice have been met prior to the
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�! date fixed for the hearing on the proposed agreement.
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+I ?� 2. This Agreement is entered .into after a public hearinal,
before the CORPORATE AUTHORITIES of the City of McHenry, which
j� hearing was held on the day of 1978, in
OOZE & KINNE
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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 paragraph 5 hereof to
the City of McHenry, Illinois, upon the terms and conditions
described in this Agreement.
4. That the OWNERS have heretofore filed 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 paragraph 5 hereof to the
City of McHenry, said Agreement having been modified.
5. That the CORPORATE AUTHORITIES, upon execution
of this Agreement will, pursuant to the Petition for Annexation
heretofore filed, enact an ordinance annexing the real estate herein-
after described and also any adjacent roads or highways as re-
quired by law:
That part of the West Half of the Northeast Quarter of
Section 28, Township 45 North, Range 8 East of the Third
Principal Meridian, described as follows: Beginning at a
point on the West line of the West half of said Northeast
Quarter, said point being 13 51. 20 feet South of the North-
west corner thereof; thence continuing South on the West
line thereof for a distance of 427. 70 feet to a point on the
Northerly right-of-way line of State Route 120; thence
Southeasterly on the Northerly right-of-way line of said
State Route 120 and being on a curve, convex Southwesterly,
and having a radius of 3759. 80 feet for a distance of
870. 57 feet, chord measurement, to a point of tangency;
thence Southeasterly on the Northerly right of way line of
said Route 120 and tangent to the last described line, at
the last described point, for a distance of 541. 32 feet to a
point on the East line of the West half of the Northeast
Quarter of said Section 28; thence North on the East line
thereof for a distance of 482. 58 feet to a point, said point
being 1775 feet South of the Northeast corner thereof;
thence Northwesterly in a straight and direct line for a
distance of 1390. 30 feet to a place of beginning, in
McHenry County, Illinois.
6. That upon the real estate being annexed to the; City
said property will be classified as "B-1" Commercial District within
the meaning of the City of McHenry zoning ordinance with a use variation
as described in paragraph 17.
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7. That said real estate which is the subject of this
Annexation Agreement is now under the jurisdiction of the County of
McHenry and is presently classified "F" Farming District within
the meaning of the County of McHenry Zoning Ordinance.
8. That immediately upon annexation of the here:inabove
described real estate to the City of McHenry, the CORPORATE
AUTHORITIES shall adopt an ordinance, or ordinances, to provide
that the subject real estate be classified "B-1" Commercial District
with a use variation as described in paragraph 17.
9. That it is understood and agreed between 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 between the parties that the
successful consummation of this Agreement requires their continued
cooperation.
10. The OWNER shall provide such easement, or easements,
as shall be required for the installation of municipal facilities, and
in such locations as are designated and approved by the CityE:ngineer.
11. OWNER shall provide ingress and egress to the
premises along Illinois State Route120 as are designated and
approved by the State of Illinois Department of Highways and shall
comply with the requirements of the City Engineer in constructing
any ingress or egress facilities to that portion of the premises
fronting on Ringwood Road.
12. The OWNER agrees to abide by the terms and conditions
of the Recapture Agreement concerning the extension of the City
of McHenry water services entered into by and between the City
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of McHenry and Boone Valley Development Company dated the
7th day of September, 1976 and recorded as Document No. 6791.91.
13. The OWNERS do agree to cause to be extended, at
its sole expense, City sanitary sewer facilities to serve the con-
cerned premises; and it is further agreed that such extension of
sanitary sewer service shall be upon easements dedicated for such
purpose and shall be in compliance with the requirements of the: City
Engineer.
14. If the State of Illinois Highway Department shall require
the OWNER to construct acceleration and deceleration lanes, or
both, on any portion or portions of its property abutting; Illinois
State Route 120, the sole cost of construction of said acceleration
or deceleration lanes, or both, shall be borne by OWNERS. Lands
necessary for the construction of said lanes are to be dedicated by
the OWNERS at no cost to either the State of Illinois or the City
of McHenry.
15. OWNER does agree to dedicate to the City of McHenry,
at no charge to the City, a strip of land measuring twenty feet in
width from east to west and abutting the existing east right -of -quay
line of Ringwood Road.
15a. Prior to the City executing, an ordinance annexing the
herein described property, the OWNER shall provide the City with an
executed grant of easement for the construction and maintenance of
water mains in accordance with the easement provided for in the
Recapture Agreement between the City of McHenry and Boone Valley
Development Company dated September 7, 1976 and recorded as
Document No. 679191 and said easement shall properly describe
the area wherein the water mains are presently located on the subject
parcel. Said easement to be approved by the City Attorney .and City
Engineer as to conformity to the Recapture Agreement and adequately
covering the water lines that have heretofore been installed.
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15b. OWNER agrees to cause to be constructed within
ninety (90) days after the commencement of any new construction
on the property being annexed a chain link fence of a height not
less than six (6) feet along the northerly boundry of the subject
parcel where said subject parcel abuts the Parkland Junior High
School property.
16. OWNERS further agree to abide by the specifications
for the development of the subject real estate in accordance with the
City's ordinances and regulations.
17. It is agreed by the CITY that, upon annexation of this
property to the CITY, the overall zoning classification shall be
established as 11B-1" Commercial Retail District. The: subject
premises shall also be granted variation to permit the: conduct
thereon of the following uses which are presently permitted only in
"B-3" Commercial District:
"B-3" Commercial District
A.
4. Air conditioning and heating sales and services.
6. Automobile sales with the principal use Limited
to new car sales and automobile service shops.
10. Catering establishments.
16. Painting and decorating shops.
18. Printing, publishing, and issuing of newspapers„
periodicals, books, and other reading matter.
26. Offices, professional offices, and medical clinics.
18. It is not the intent of the parties to this Agreement to
"freeze" any fees now or hereafter required by the CITY in connection
with the building permits, inspection fees, sewer and water tap on,
or any other regulatory fees or charges having to do with the development
of the premises. In the event of any change of fees, such change shall
be on a non-discriminatory basis.
19. OWNERS shall, upon request, reimburse the CITY in
accordance with MC 126, an ordinance providing for compensation
for retained personnel.
20. This Agreement is binding upon the parties herein,
and their respective successors and assigns, for a full period of
ten (10) years commencing as of the date hereof, as provided by
statute and to the extent permitted thereby.
21. It is further agreed that in the event the annexation
of the subject property shall be challenged in any way, in any other
proceedings, the period of time during which such litigation is
pending shall not be included in the calculation of the aforesaid
ten (10) year period.
22. If any provision of this Agreement is declared invalid
or illegal, the remainder of the Agreement shall not be affected thereby.
23. The covenants and agreements contained herein shall
be deemed to be covenants running with the land during the terra
of this agreement and shall insure to the benefit of and Ibe binding
upon the heirs, successors and assigns of the parties, :including;
the CITY, its CORPORATE AUTHORITIES and their successors in
office, and shall be enforceable 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, singularly by the beneficial
interests of the trust, and the signatures of DOUGLAS GLOSSON
and JACQUELINE GLOSSON, his wife, and by the affixing hereto
of the duly authorized and directed officers of the trust, and the City
of McHenry, and the corporate seals of each, all on the date and
date first above written.
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CITY OF McHENRY
ATTEST:
Cit Clerk
(SEAL)
APPROVED 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
;� '.�otR+r+�nor eKOYt�aru rest+�cn^� �•iA�
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personally•known to me to be the same person: whose names are
subscribed to the foregoing instrument, appeared before me this
day in person and severally acknowledged that they signed and
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delivered said instrument as such Mayor and City Clerk of said
I Corporation, and caused the Corporate Seal of said Corporation to
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' be affixed thereto pursuant to the authority, given by the City
j! Council of said Corporation as their free and voluntary act, and
LOOZE & KINNE
ATTORNEYS
3 ELM STREET
I . ILLINOIS
as the free and voluntary act and deed of said Corporation, for
the uses and purposes therein set forth.
My commission expires:
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ft�EST:
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VICE PRE SI T
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STATE OF ILLINOIS )
COUNTY OF COOK )
SHIER
SS
THE GUARANTEE BANK & TRUST COMPANY,
as Trustee under the provisions of
a Trust Agreement dated the lst day
of December, 1973 and }mown as
Trust No. 11981, ,
By
VICE PRESIDENT & TRUST OFFICER
I, the undersigned, a Notary Public in and for the
County and State aforesaid, DO HEREBY CERTIFY that. the above
Cs'
i'; named �
. CZ�� �u.t/�and
respectivel tv� I „_, wclrl, do SKS of THE
1YICE PRESIDE T & TRUST OFFfii� j
GUARANTEE BANK & TRUST COMPANY, Trustee aforesaid, personally known'
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i to me to be the same persons whose names are subscribed to the
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foregoing instrument as SVId rLt�.uLN I & R VICE PRESIDENT. &CASHIER
g g I UST OFF
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y,uN►1tWn r��qi0� rosNt rCO rrr any tw*014 •
1"s GUAROM41 8A`'4 " i P,U° r i ONPAtiy
.,,Mped on the reverss °. • ',er•:r, h MM►
respective, appeared before me this day in person and severally
;4 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 VICE PRESIL)ENT & CASHIER
then and there acknowledged that VICIL :'R-,-AL LNT & CASHIER as Custodian
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of the Corporate Seal of said Corporation, caused the Corporate
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Seal of said Corporation to be affixed to said instrument as
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said VEC'= --i= IL)tNT & EASHIEFpwn free and voluntary act and as the
free and voluntary act of the Corporatitn or �e uses and
purposes therein set forth.
My'commission expires:
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ARNOLD F . KAUFMAN %
HELEN S. KAUF
ILLINOIS
STATE OF 0A=KDOM)
SS
COUNTY OF McHENRY )
I, the undersigned, a Notary Public in and for the
County and State aforesaid, DO HEREBY CERTIFY that ARNOLD F.
KAUFMAN and HELEN S. KAUFMAN, his wife, personally known to me to
be the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and severally
acknowledged that they signed and delivered said instrument as
their free and voluntary act for the uses and purposes therein
set forth.
Notary PMblic
j; My commission expires:
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++ September 7, 1981
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LOOZE & KINNE j
ATTORNEYS 1
3" EL`A STREET �I
IL.LINOIS
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D IGLAS CILOSSON
CQUELINE GLOSSON
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STATE OF ILLINOIS )
SS
COUNTY OF McHENRY )
I, the undersigned, a Notary Public in and for the
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County and State aforesaid, DO HEREBY CERTIFY that DOUGLAS GLOSSON '
and JACQUELINE GLOSSON, his wife, personally known to me to be the
same persons whose names are subscribed to the foregoing instru-
ment, appeared before me this day in person and severally
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acknowledged that they signed and delivered said instrument as
their free and voluntary act for the uses and purposes therein set
forth.
My commission expires:
++ September 7, 1981
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