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HomeMy WebLinkAboutOrdinances - O-79-199 - 07/16/1979 - AMEND ZONING ORD SPECIAL USE FOR PUDORDINANCE NO. 0-79-_ag AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF McHENRY, ILLINOIS BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF McHENRY, ILLINOIS, AS FOLLOWS: SECTION 1: That the Zoning Ordinance of the City of McHenry, Illinois ("Zoning Ordinance") heretofore adopted on the 12th day of March, 1962, and the Zoning Map adopted as a part thereof, and as said Zoning Ordinance and as said Zoning Map have been subsequently amended, be and they are hereby amended as follows: A. That the property described in "Exhibit A" hereto attached and made a part hereof be and the same is hereby clas- sified as "R-1" Single Family District, subject to a Special Use for a Planned Unit Development in accordance with the following: (1) such property shall be developed in accordance with the "R-3" Single Family District as set forth in the Zoning Ordinance; (2) such property shall be subdivided into no more than six hundred seventy-five (675) single family lots, each lot to contain a minimum of nine thousand (9,000) square feet but with an average lot size in each subdivision unit of not less than ten thousand (10,000) square feet; (3) each subdivided lot shall contain a width at the front building line of not less than seventy-five (75) feet; and (4) all preliminary and final subdivision plats of such property shall contain a surveyor's certificate setting forth the square footage of each lot contained therein. B. That the property described in "Exhibit B" hereto attached and made a part hereof be and the same is hereby clas- sified as "R-1" Single Family District, subject to a Special Use for a Planned Unit Development in accordance with the following: MAP IS ATTACHED TO ORIGINAL -1- (1) such property shall be developed in accordance with the "R-3" Single Family District as set forth in the Zoning Ordinance; (2) such property shall be subdivided into no more than seventy-five (75) single family lots, each lot to contain a minimum of ten thousand (10,000) square feet; and (3) all preliminary and final subdivision plats of such property shall contain a surveyor's certificate setting forth the square footage of each lot contained therein. C. That the property described in "Exhibit C" hereto attached and made a part hereof be and the same is hereby clas- sified as "R-l" Single Family District, subject to a Special Use for a Planned Unit Development in accordance with the fol- lowing: (1) such property shall be developed in accordance with the "R-4" Multi -Family District as set forth in the Zoning Ordinance; (2) no more than one hundred sixty (160) multiple family dwelling units may be developed on such property; and (3) all preliminary and final subdivsion plats of such property shall contain a surveyor's certificate setting forth the square footage of each lot contained therein. D. That the property described in "Exhibit D" hereto attached and made a part hereof be and the same is hereby clas- sified as "R-1" Single Family District, subject to a Special Use for "R-l" Single Family District, subject to a Special Use for a Planned Unit Development in accordance with the following: (1) such property shall be developed in accordance with the "B-1" Commercial Retail District as set forth in the Zoning Ordinance; -2- (2) no development of such property in accordance with such special use for planned unit development shall in- clude any residential use; and (3) at least seventy-five per cent (750) of the aggregate main floor area of all structures on such property from time to time shall be occupied by a business or businesses whose main source of income is sales -tax generating. SECTION 2: That each special use set forth in Section 1 hereof is authorized upon the finding hereby that: A. The special use will not cause substantial injury to the value of other property in the neighborhood in which it is located. B. The location and size of the special use, nature and intensity of the operation involved in or conducted in connection with it, the size of the site in relation to it, and the location of the site with respect to streets giving access to it, shall be such that it will be in harmony with the appropriate and ordinary development of the district. in which it is located. C. The location, nature and height of buildings, walls and fences and the nature and extent of the landscaping on the site shall be such that the use will not hinder or dis- courage the appropriate development and use of the adjacent land and buildings, or will not impair the value thereof. D. Parking areas shall be of adequate size for the particular use, properly located, and suitably screened from adjoining residential uses, and the entrance and exit drives shall be laid out so as to prevent traffic hazards and nuisances. E. The uses permitted by any exceptions are necessary and desirable and appropriate to the purpose of the development. -3- F. The uses permitted in the development are not of such nature or so located as to exercise a detrimental influence or effect upon the surrounding neighborhood. G. That no industrial areas will be established in the Planned Unit Development. H. That all minimum requirements pertaining to com- mercial, residential, institutional or other uses established in the Planned Unit Development will be subject to the require- ments for each individual classification as established else- where in the Ordinance, except as may be specifically varied herein. SECTION 3: Attached hereto and made a part hereof as Exhibit "E" is a Use Area Map depicting the various areas within the project to be known as "Winding Creek," of which the land legally described on "Exhibits A through and including D" are a part. Notwithstanding the provisions hereof, the zoning areas legally described herein and depicted on "Exhibit E" may be adjusted, subject to the following limitations: (1) no such adjustment shall result in an increase in the total number of residential units over one thousand two hundred eighty-two (1,282); (2) no such adjustment shall result in a change of any of the boundary lines of any of areas "a" through "i," both inclusive, as shown on "Exhibit E," in excess of one hundred (100) feet in any direction; (3) no such adjustment shall apply to any perimeter boundary line of the entire area depicted on "Exhibit E," nor shall any adjustment be made with respect to any portion of areas "g" or "h" on "Exhibit E" after such portion has been conveyed to the City; -4- (4) no such adjustment shall result in reduction of the total acreage involved in area "g" on "Exhibit E" from fifty (50) acres and in area "h" on "Exhibit E" from eight (8) acres; (5) all portions of area "g" on "Exhibit E" which are shifted to another area shall be replaced with portions of other areas containing surface sub -soil characteristics of like or better quality; and (6) no such adjustment shall result in reduction of the frontage of area "g," as depicted on "Exhibit E," on the proposed extension of Dartmoor Drive to less than five hundred (500) feet. Any agricultural use of the property described on "Exhibits A" through "D" herein shall be recognized as a legal nonconforming use in accordance with all the provi- sions of the Zoning Ordinance. SECTION 4: That such reclassifications are made pur- suant to the provisions of a certain Annexation Agreement dated July 16, 1979, a copy of which is attached hereto as Exhibit "F" and made a part hereof. SECTION 5: That all ordinances, or parts thereof, in conflict herewith be and the same hereby are repealed. SECTION 6: That this Ordinance shall be in effect from and after its passage and approval, according to law. Passed and approved this 161-W day of , lk 1979. ATTEST: City Clerk Voting Aye: Voting Nqy: Absent: Abstaining: FOR, M90 ,w" .,0/- "Amrwwxa�, Nolan, Pepping, Datz, Harker, Schooley, Meurer, Stanek Adams, Wieser None None Approved as to Form: That part of Sections 3 and 4, Township 44 North, Range 8 East of the .3rd. P.M., described as follows: Beginning at a point in the West line of the Northeast Quarter of Section 4, said point being 1480 feet North of the center of said Section 4 as measured along said West line; thence N.0 32'08"14., along said West line, 1137.27 feet, to the Northwest corner of said Northeast Quarter; thence East along the North line of Section 4, 1351.15 feet, more or less, to the Southwest corner of Lot 20 in Block 50 in Boone Valley Plat No. 12, as recorded by Document 726222; thence East along the South line of said subdivision 1622.43 feet, to tFe centerline of Crystal Lake Road; thence S. 33037',1., along the centerline of Crystal Lake Road, 1098 feet, to a point; thence S.89 36'46"W., parallel to the North line of Section 4, 1162.44 feet to a point; thence S.500W., 407.68 feet, to a point on a line drawn parallel to and 880 feet East of (as measured parallel to the South line of the Northeast Quarter of said Section 4) the West line of said Northeast Quarter, said point being 1440 feet North of.the South line of said Northeast Quarter, as measured parallel to said West. -line; thence S.0032'08"E., parallel to the West line of said Northeast Quarter, 110 feet, to a point; thence S.89003142"4.1 parallel to the South line of said Northeast Quarter, 700 feet, to a point; thence N.0032'08-W., parallel to the West line of said Northeast Quarter, 150 feet, to a point; thence S.89003'42"W., parallel to the Sough line of said Northeast Quarter, 180 feet, to the point of beginning. Excepting therefrom that part described as follows: Beginning at the Northwest corner of Section 3; thence East along the North line of Section 3, to the centerline of Crystal Lake Road; thence Southwesterly along said centerline, 348 feet; thence West parallel with the North line of Section 4, 1165.18 feet; thence North perpendicular to the North line of Section 4, 288.19 feet, more or less, to the North line of Section 4; thence East along said North line, 1042.78 feet, to the point of beginning, all in McHenry County, Illinois. That part of the South Half of Section 33, Township 45 North, Range 8 East of the 3rd. P.M., described as follows: beginning at the Southwest corner of Lot 20 in Block 50 in Boone Valley Plat No. 12, as recorded Ly Document 726222; thence West along the South line of Section 33, 1351.15 feet, to the Northwest corner of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the 3rd. P.M.; thence N.0032'08' ., along a prolongation of the West line of said Northeast Quarter of Section 4, 75 fee t6, to a point; thence N. 89027152"E., 150 feet, to a point;, thence N.0 32'08"W., 50 feet, to a point; thence Northeasterly along a curve concave Southeasterly, having"a radius of 114.826 feet and tangent to the last described course for an arc distance of 101.28 feet, to a point of tangency; thence N.500E., 412.81 feet, to a point of curve; thence Northeasterly along a curve, concave Northwesterly, having a radius of 430.092 feet, for an arc distance of 206.75 feet, to a point of tangency; thence N.25019'35"E., 9.51.78 feet, to a point of curve; thence Northerly along a curved line, concave Westerly, having a radius of 258.75 feet for an arc distance of 114.38 feet, to a point of tangency; thence N.q E., 58 feet, to a point on a prolongation West of the centerline of Dartmoor Drive as recorded on said Document 726222; thence East along said prolongation, 280 feet, to the West line of said Boone Valley Plat No. 12; thence South along said West line of Boone Valley Plat No. 12, 1663.01 feet, to the point of beginning in McHenry County, Illinois. "EXHIBIT A" - page 1 That part of Section 33, Township 45 North, Range 8 East of the 3rd. P.M.A. described as follows: beginning at the Southwest corner of said Section 33; thence N.0022'31"E., along the West line of said Section, 2146.38 feet, to a point; thence N.89 18'11"E., parallel to the South line of the Southwest Quarter of said Section, 895 feet, to a point; thence N.0022'31"E., 120 feet, to a point; thence N.89018'11"E., 329.9S feet to a point; thence N.Oo22'31"E., 253.13 feet, to a point; thence N.45604'07"W., 250 feet to a point; thence N.6033'24"E., 92.12 feet, to a point; thence S.80610'55"E., 120 feet, to a point on a curve; thence Northerly along a curved line, concave Ea!kterl-y, having a radius of 50 feet, for an arc distance of 30.64 feet ( chord course N.27o22'29"E.), to a point; thence N.45004'07"W., radially to the last described curve, 110 feet, to a point; thence N.440 55'53"E., 130 feet, to a point; thence S.59006'17"E., 164.92 feet, to a point; thence S.25024'53"E., 148.66 feet, to a point; thence N.44055'53"E., 444.08 feet to a point; thence N.00 22'31"E., 43.82 feet, to a point; thence N.28 39'19"VI., 56.64 feet, to a point; thence S.89025'18"W., 130 feet, to a point; thence N.62031116"W., 1,48.83 feet, to a point; thence N.0022'31"E., 250 feet, to the South line of the North 494.39 of the Southeast Quarter of the Northwest Quarter o= said Section 33, said point being 1430 feet East of the West line of said Section as measured along the South line of said North 494.39 feet; thence East along said South line of the North 494.39 feet, 1211.48 feet, more or less, to the East line of the Northwest Quarter of said Section; thence South along said East line 829.82 feet, more or less, to bhe center of said Section; thence N.89028'15"E., along the North line of the Southeast Quarter of said Section 33, 465 feet, to a point; thence Southerly alone a curved line, concave Westerly, having a radius of 876.832 feet, for an arc distance of 169.47 feet, to a point; thence S.11008'28"W., 737.13 feet, to a point; thence N.79023'05"W., 405 feet, to a point -of curve; thence Southwesterly along a curved line, concave Southeasterly, having a radius of 280.71 feet, for an arc distance of 290.85 feet, to a point of tangency; thence S.41015'02"11.1 530 feet, to a point; thence S.45004'07"W., 530 feet, to a point of curve; thence Southerly along a curved line, concave Westerly, having a radous of 82.015 feet, for an arc distance of 126.79 feet, to a poin of' tangency; thence S.43a30'22"W., 660.36 feet, to a point of curve; thence Westerly along a curved line, concave Northwesterly, having a radius of 213.076 feet, for an arc distance of 170.31 feet, to a point of tangency; thence S.89018'11"W., 370 feet, to a point; thence S.0 22'31"W., 310 feet, to a point on the South line of the Southwest Quarter of Section 33, said point being 1357.5 feet East of the Southwest corner thereof, as measured along said South line; thence West along said South line, 1357.5 feet to the point of beginning: Excepting therefrom the South 720 feet, as measured at right angles, of the Vest 907.5 feet, of the Southwest Quarter of said Section 33;-all situated in McHenry County, Illinois. "EXHIBIT A" - page 2 The real estate described on this Exhibit A is the real estate referred to as Area "A" in a certain Annexation Agreement dated July 16, 1979, between the City of McHenry, Illinois, Residential Development Group, Inc., Fremont Backhaus, Irene Brackmann and McHenry State Bank Trust No. 1112. That part of the East Half of the Northeast Quarter of Section 4, Township 44 North, Range 8, East of the 3rd. P.M., described as follows: Beginning at a point in the West line of said East Half, 21.6 feet North of the center of said Section, said point being in the North line of Bull Valley Road as recorded by Document 607441; thence North along said West line 1458.4 feet, to a point; thence N.89003'42"E., parallel to the South line of the Northeast Quarter of said Section, 180 feet, to a point; thence S.O°32'08"E., parallel to said West line,,150.0 feet; thence N.89°03'-42"E., parallel to the South line of said Northeast Quarter, 820 feet, to a point; thence S.32°39'14"E., 188.08 feet, to a point on a line drawn parallel to and 1100 feet East of the West line of said Northeast Quarter ( as measured parallel to the South line of said Northeast Quarter), said point being 1170 feet North of the South line of said Northeast Quarter as measured parallel to said West line; thence S.0032'M "E., parallel to said West line, 405.0 feet, to a point; thence S.42 25'42"W., 220.09 feet, to a point on a line drawn parallel to and 605 feet North of the South line of said Northeast Quarter (as measured parallel to the West line of said Northeast Quarter), said point being 950 feet East of the West line of said Northeast Quarter, as measured parallel to the South line thereof; thence S.89003'42"W., parallel to the South line of said Northeast Quarter, 220 feet, to a point; thence S.0032'08"E., parallel to the Wept line of said Northeast Quarter, 335 feet, to a point; thence S.11 34'26"W., 293.68 feet, to a point on the Northerly right of way line of Bull Valley Road, said point being 86.53 feet East of the intersection of said Northerly right of way line and the South line of said Northeast Quarter, as measured along said Northerly rigt of way line; thence Westerly along the Northerly right of way line of said Bull Valley Road, 670.87 feet, more or less, to the point of beginning in McHenry County, Illinois. "EXHIBIT B" 'The real estate described on this Exhibit B is the real estate referred to as Area "B" in a certain Annexation Agreement dated July 16, 1979, between the City of McHenry, Illinois, Residential Development Group, Inc., Fremont Backhaus, Irene Brackmann and McHenry State Bank Trust No. 1112. That part of the Northeast Quarter of Section 4, Township 44 North, Range 8, East of the 3rd. P.M., described as follows: Beginning at a ocint in the centerline of Crystal Lake Road,said point being 1098 feet Southwesterly, as measured along the centerline of said Crystal Lake Road, of the intersection of said centerline and the North line of Section 3, Township 44 North, Range 8 East of the 3rd. P.M., thence S.89036'46"W., parallel to the North Line of Section 4, 725 feet, to the point of beginning of the parcel herein described; thence continuing alone a prolongation of the last described line, 437.44 feet, to a point; thence S.500W., 407.68 feet, to a point on_a line drawn parallel to and 380 East of (as measured parallel to the South line of the Northeast Quarter of Section 4) the West line of Said Northeast Quarter, said point being 1440 feet North of the South line of said Northeast Quarter as measured parallel to said West line; thence S.0032'08"E., parallel to the West line of said Northeast Quarter, 110 feet, to a point; thence N.89003'42"E., parallel to the South line of said Northeast Quarter, 123 feet, to a point; thence S.32039'14"E., 188.08 feet, to a point on a line drawn parallel to and 1100 feet East of the West line of said Northeast Quarter( as measured parallel to the South line of said North- east Quarter), said point being 1170 feet North of the South line of said Northeast Quarter as measured parallel to said West line; thence S.0032'08"E., parallel to the West line of said Northeast Quarter, 376.78 feet, to a point; thence N. 39003'42"E., parallel to the South line of said Northeast Quarter, 399.67 feet to a point; thence S.56023'E., perpendicular to the centerline of said Crystal Lake Road, 205 feet, to a point in the centerline of Crystal Lake Road, said point being 2323.-"9 feet Southwesterly of the intersection of said centerline and the North line of said Section 3, as measured along said centerline; thence N.330 37'E., along said centerline, 170 feet, to a point; thence N.560 23'�'., perpendicular to said centerline, 162.63 feet, to a point; thence N.0 23'14"W., perpendicular to the North line of Section 4, 783.87 feet, to the point of beginning, in McHenry County, Illinois. "EXHIBIT C" The real estate described on this Exhibit C is the real estate referred to as Area "C" in a certain Annexation Agreement dated July 16, 1979, between the City of McHenry, Illinois, Residential Development Group, Inc., Fremont Backhaus, Irene Brackmann and McHenry State Bank Trust No. 1112. That part of the East HaLf of Section 4, Township 44 North, Range 8 East of the 3rd. P.M., described as follows: beginning at a point in the centerline of Crystal Lake Road, said point being 2323.28 feet Southwesterly of the intersection of said centerline and the North line of Section 3, in said Township 44 North, Range 8, as measured along said centerline; thence N.56023'W., perpendicular to said centerline, 205-feet, to a point; thence S.'39°03'42"W., parallel to the South line of said Northeast Quarter, 399.57 feet, to a point on a line drawn parallel to and 1100 feet East of the West line of said Northeast Quarter (as measured parallel to the South line o: said Northeast Quarter), said point being 793..22 feet North of the South line of said Northeast Quarter, as measured parallel to the West line of Northeast Quarter; thence S.0032'08"E., parallel to the West line of saic Northeast Quarter, 28.22 feet, to a point; thence S.42025'42"W., 220.09 feet, to a point on a line drawn parallel to and 605 feet North of the Scuth line of said Northeast Quarter (as measured parallel to the West line of said Northeast Quarter), said point being 950 feet East of the West line of said Northeast Quarter, as measured parallel to the South line thereof; thence S'.89003'42"W., parallel to the South line of said Northeast Quarter, 220 feet, to a point; thence S.0032'08"E., parallel to the West line of said Northeast Quarter, 335 feet, to a point; thence S.11034'26"W., 293.(S feet, to a point on the Northerly right of way line of Bull Valley Road, said point being 86.53 feet East of the intersection of said Northerly right of way line and the South line of said Northeast Quarter, as measured along said Northerly right of way line; thence Southeasterly along the Northerly right of way line of Bull Valley Road, 392.41 feet, more or less, to the Westerly right of way line of Crystal Lake Road; thence Northeasterly along the Westerly right of way line -of Crystal Lake Road 169.64 feet, mere or less, to the South line of the Northeast Quarter; thence N.89003'42"E., along the South line of said Northeast Quarter, 49.98 feet, to the centerline of Crystal Lake Road; thence Northeasterly along the centerline of CrystF_l LakeoRoad, 554.77 feet, to a point of tangency in said roadway; thence N.33 37'E., along the centerline of Crystal Lake Road, 274.69 feet, to tie place of beginning in McHenry County, Illinois. "EXHIBIT D" The real estate described on this Exhibit D is the real estate referred to as Area "F" in a certain Annexation Agreement dated July 16,1979, between the City of McHenry, Illinois, Residential Development Group, Inc., Fremont Backhaus, Irene Brackmann and McHenry State Bank Trust No. 1112. A:, HJALMAR S SUNDIN FRANK R FABBRI GEORGE F. HECK WALTER•H. JOLLIE OTTO L LARSEN JEROLD A. BUCKLES DONALD R. SCHWEGEL FRANK L. WELLWERTS HOWARD E RIECK Honorable Mayor & City of McHenry 1111 North Green McHenry, Illinois Subject: McHenry Gentlemen: BAXTER & WOODMAN, INC. ENVIRONMENTAL ENGINEERS 8678 RIDGEFIELD ROAD • CRYSTAL LAKE . ILLINOIS 60016 • 815 459-1260 City Council Street 60050 - RDG Backhaus Farm May 30, 1979 This is to confirm that we have examined the attached Preliminary Master Sanitary Sewer Plan for the above proposed development dated January 2, 1979, prepared by Branecki-Virgilio & Associates, and the populations proposed to be served at each pcInt of connection to the existing sewer system of the City of McHenry as shown thereon. We have compared the populations proposed to be served at each connection to the existing sewer system with the available capacity in the existing sewers at those points of connection as lHen`,ified in our letter to the City dated July 13, 1978, with the following results: Point of Connection Available Capacity Boone Valley 10" Sewer 1276 P.E.* Boone Valley 12" Sewer 2430 P.E. Pheasant Valley 18" Sewer 2800 P.E. *P.E. = Population Equivalent Proposed Additinn 1269 P.E.* 2375 P.E. 2598 P.E. Since the proposed additional load on each of the receiving sewers is less than its uncommitted capacity, the proposed plan should not result in flows which exceed the capacities of the existing sewers. We therefore recommend approval of the Preliminary Master Sewer Plan as the basis for designing; sanitary sewers to serve the Backhaus Farm development. HSS . y�g CQ: Aesidential development Group Very truly yours, BAXTT7R & WOODMAN, INC. ET L ENGINEERS H. S. Su d n in ANNEXATION AGREEMENT This Agreement made and entered into this kc;i day of 1979, by and between the CITY OF McHENRY, a municipal corporation of the County of McHenry, State of Illinois (hereinafter referred to as the "City"), by and through its Mayor and the members of its City Council (hereinafter referred to collectively as the "Corporate Authorities"), RESIDENTIAL DEVELOPMENT GROUP, INC., a Delaware Corporation (hereinafter referred to as "Residential"), FREMONT BACKHAUS and IRENE BRACKMANN (hereinafter referred to as the "Individuals") and McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated November 30, 1976, known as Trust No. 1112 (hereinafter referred to as the "Trustee") the Individuals and the Trustee being sometimes hereinafter referred to as "Owners"; W I T N E S S E T H: WHEREAS, the Trustee is the title holder of record of the real estate described in Exhibit A attached hereto and made a part hereof, and WHEREAS, the Individuals are the title holder of record of the real estate described in Exhibit B attached hereto and made a part hereof, and WHEREAS, the real estate described on Exhibits A and B is the subject of this Annexation Agreement and is hereinafter referred to as "Subject Property", which real estate is represented on the site plan which is attached hereto and hereby made a part hereof as Exhibit C, and WHEREAS, Residential is the sole beneficiary of the Trustee and holds an option to purchase the real estate described on Exhibit B, and WHEREAS, Owners have presented and submitted to the City Clerk of the City for filing, and said Clerk caused to be filed, a duly executed Petition for Annexation of the Subject -1- "EXHIBIT F" Property, which is a part of the unincorporated area of McHenry County contiguous to the territory of the City and which Annexa- tion Petition is by its terms contingent upon the execution of this Annexation Agreement, and WHEREAS, all of the electors residing on the Subject Property have signed said Annexation Petition, and WHEREAS, the Subject Property is not included within the Corporate limits of any municipality, and WHEREAS, the Subject Property consists of a tract totaling 385 acres more or less, and WHEREAS, Owners and Residential have presented and filed with the City Clerk this Annexation Agreement as a proposed An- nexation Agreement, and WHEREAS, the Subject Property constitutes territory which is contiguous to and may be annexed to the City of McHenry as provided in Article 7 of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1975), and WHEREAS, the Subject Property is not located within any public library district, and WHEREAS, the Subject Property is located within the McHenry Township Fire Protection District, but the City of McHenry does not provide fire protection and, therefore, no notice to the McHenry Township Fire Protection District is required, and WHEREAS, the Nunda Township and McHenry Township Commissioners of Highways and the Nunda Township and McHenry Township Boards of Town Auditors were notified in writing by certified or registered mail at least ten (10) days in advance of any action taken with respect to the annexation of the Subject Property and whereas a affidavits that service of the said notices have been provided have been filed with the Recorder of Deeds of McHenry County, and WHEREAS, a public hearing was held before the City of McHenry City Council and Zoning Board of Appeals and Plan Commission on the proposed annexation and rezoning of the Subject -2- Property and the recommendation made by the Zoning Board of Appeals and Plan Commission was submitted to the Corporate Authorities. WHEREAS, if annexed subject to the terms hereof, Owners and Residential will have materially changed their position in reliance on the good faith of the City and on the improvement and development of the Subject Property as part of the City, fully in accordance with the terms and provisions hereof, and WHEREAS, all other pertinent and relevant matters in addition to those referred to or included in this Annexation Agreement have been considered by the parties hereto and the Corporate Authorities believe that it is their best and considered judgment that the development of the Subject Property in ac- cordance with the terms and provisions of this Agreement will inure to ,the benefit and improvement of the City as follows: Its development will increase taxable value of the real property within its corporate limits; will increase the number of persons who will be counted for the purpose of obtaining State Motor Fuel Tax funds by the City; will extend the cor- porate limits and jurisdiction of the City and the benefits of its ordinances to the limits shown on said Exhibit C; will promote the orderly growth, sound planning and development of the City as well as of other adjoining communities; will provide a stronger and more sufficient tax base; will promote building and housing and thereby enhance the economic interests of many of its inhabitants; and will otherwise enhance and promote the general health, safety and welfare of the City and the people therein, and WHEREAS, it is the desire of the City, Residential and the Owners that the improvement and development of Subject Property shall proceed properly, desirably and in an orderly manner and be -3- at all times subject to the ordinances, codes and regulations of the City and consistent with the terms and conditions herein contained. NOW, THEREFORE, for and in consideration of the premises and the mutual promises and agreements herein contained and pursuant to the authority and conditions given and contained in the statutes of the State of Illinois, the above -named parties hereto hereby agree as follows: 1. This Annexation Agreement is made pursuant to and in accordance with the provisions of Sections 11-15.1-1, et seq., of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1975). 2. The City, following the execution of this Agreement, shall enact without further hearing, an ordinance annexing the Subject Property and all adjacent streets or highways to the far side thereof; thereupon, Residential shall furnish an accurate map of the Subject Property and the City shall file the same, along with a certified copy of said annexation ordinance, with the McHenry County Clerk and with the Recorder of Deeds of McHenry County. Such annexation shall be upon the terms and conditions set forth in this Agreement. 3. Immediately after the passing of the ordinance annexing the Subject Property, the City, without further hearing, shall adopt an amendment to the Amended Zoning Ordinance of the City of McHenry, zoning and classifying (a) areas "a," "b," licit and "f" on Exhibit C as "R-1" Single Family District, subject to a Special Use for a Planned Unit Development, (b) areas "d" and "e" on Exhibit C as "R-5" Condominium District, and (c) areas "g," "h" and "i" on Exhibit C as "R-1" Single Family Dis- trict, all in accordance with the following: A. Those areas designated "a" on Exhibit C, containing 230 acres, more or less, shall be (1) zoned "R-1" Single Family District, subject to a Special Use for a Planned Unit Development -4- in accordance with all the provisions of the "R-3" Single Family District as set forth in the Amended Zoning Ordinance of the City of McHenry, and (2) subdivided into no more than 675 single family lots; provided, however, that the City shall grant variances within such areas allowing (i) a minimum lot size of 9,000 square feet but with an average lot size in each subdivision unit of not less than 10,000 square feet, and (ii) a width at the front buildinc line of each lot of not less than 75 feet; all preliminary and final subdivision plats of those areas designated "a" on Exhibit C shall contain a surveyor's certificate setting forth the square footage of each lot contained therein; B. Those areas designated "b" on Exhibit C, containing 27 acres, more or less, shall be (1) zoned "R-l" Single Family District, subject to a Special Use for a Planned Unit Development in accordance with all the provisions of the "R-3" Single Family District as set forth in the Amended Zoning Ordinance of the City of McHenry, and (2) subdivided into no more than 75 single family lots with a minimum size of 10,000 square feet; all preliminary and final subdivision plats of those areas designated "b" on Exhibit C shall contain a surveyor's certificate setting forth the square footage of each lot contained therein; C. The area designated "c" on Exhibit C, containing 12 acres, more or less, shall be zoned "R-1" Single Family District, subject to a Special Use for a Planned Unit Development in accordance with all the provisions of the "R-4" Multi -Family District as set forth in the Amended Zoning Ordinance of the City of McHenry, for the development thereon of no more than 160 multiple family dwelling units; all preliminary and final subdivision plats of those areas designated "c" on Exhibit C shall contain a surveyor's certificate setting forth the square footage of each lot contained therein; D. The area designated "d" on Exhibit C, containing 20 acres, more or less, shall be zoned, and developed in accordance -5- with the, "R-5" Condominium District as set forth in the Amended Zoning Ordinance of the City of McHenry, for the development thereon of no more than 192 dwelling units; E. Those areas designated "e" on Exhibit C, containing 22 acres, more or less, shall be zoned, and developed in accordance with the, "R-5" Condominium District as set forth in the Amended Zoning Ordinance of the City of McHenry, for the development thereon of no more than 176 dwelling units; F. The area designated "f" on Exhibit C, containing 12 acres, more or less, shall be zoned "R-1" Single Family District, subject to a Special Use for a Planned Unit Develop- ment in accordance with all the provisions of the "B-1" Com- mercial Retail District as set forth in the Amended Zoning Ordinance of the City of McHenry; provided, however, that if area "f" is developed during the term of this Agreement in accordance with the Special Use for a Planned Unit Development permitted hereby, (1) there shall be no residential use of area "f," notwithstanding the provisions of the Amended Zoning Ordinance of the City of McHenry, and (2) at least seventy-five per cent (750) of the aggregate main floor area of all structures on area "f" from time to time shall be occupied by a business whose main source of income is sales tax -generating; G. Subject to the provisions of Paragraphs 4 and 10 B of this Agreement, the area designated "g" on Exhibit C, containing 50 acres, more or less, shall be zoned "R-1" :jingle Family District as set forth in the Amended Zoning Ordinance of the City of McHenry and shall be conveyed to the City and used for whatever public purposes the City shall determine; H. The area designated "h" on Exhibit C, containing 8 acres, more or less, shall be zoned "R-1" Single Family District as set forth in the Amended Zoning Ordinance of the City of McHenry, and shall be used solely for open space, park, storm water retention. or detention or other public use, as the City in its sole discretion may from time to time determine. Such area shall be conveyed as the City shall determine to either (1) a homeowner's association in conjunction with the development of the area designated "d" on Exhibit C, or (2) the City, such determination and conveyance to be made (a) at the time of site approval of the development of the area designated "d" on Exhibit C, or (b) ten (10) years from the date of this Agreement, whichever is the first to occur; and I. The area designated "i" on Exhibit C, containing 4 acres, morenr less, shall be zoned "R-1" Single Family District as set forth in the Amended Zoning Ordinance of the City of McHenry. 4. Attached hereto as Exhibit D are legal descriptions of areas "a" through "i," both inclusive, as set forth on Exhibit C, which legal descriptions, taken together as a whole, legally describe all of the Subject Property. It is recognized by the parties hereto that engineering studies or other subdivision criteria may require nominal adjustments as to the location of street right-of-ways, zoning areas, lot lines and the like; provided, however, that any and all such adjustments shall be subject to the following limitations: a. no such adjustment shall result in an increase in the total number of residential units over one thousand two hundred eighty-two (1,282); b. no such adjustment shall result in a change of any of the boundary lines of any of the aforesaid areas "a" through "i," both in- clusive, in excess of one hundred (100) feet in any direction; c. no such adjustment shall apply to any perimeter boundary line of•the Subject Property, nor shall any adjustment be made with respect to any portion of areas "g" or "h" after such portion has been conveyed to the City; d. no such adjustment shall result in reduction of the total acreage involved in area "g" from fifty (50) acres and in area "h" from eight (8) acres; e. all portions of area "g" which are shifted to another area pursuant to this Paragraph 4 shall -7- be replaced with portions of other areas con- taining surface and sub -soil characteristics of like or better quality; and f. no such adjustment shall result in reduction of the frontage of area "g," as depicted on Exhibit C, on the proposed extension of Dartmoor Drive to less than five hundred (500) feet. Residential agrees that it shall construct a permanent marker every one hundred (100) feet, or closer if the City so deter- mines from time to time, as a means of delineating the boundary line between areas "g" and "h" (if area "h" is conveyed to the City pursuant to Paragraph 3H hereof) and the areas adjacent thereto, at the time of the development of such adjacent areas. 5. This Agreement constitutes a contract by and between the City, Residential and the Owners to implement the planned unit development of the Subject Property in accordance with Exhibit C attached hereto and the terms and provisions contained in the Sub- division Control Ordinance, the Amended Zoning Ordinance and all other applicable City codes and ordinances. Nothing herein containey shall be construed to require complete subdivision of all of the Subject Property at any single time unless such is desired by Residential. The City, Residential and the Owners agree that the general plan approval provided in this Agreement does not limit or restrict the right of the City to disapprove subsequent sub- division of areas when the proposed subdivision fails in any respect to comply with all applicable City codes and ordinances, and that preliminary plats, detailed plans and specifications and final plats for each area or phase within the Plan must be submitted by the Owners, reviewed by the City according to its customary subdivision procedures, and shall be subject to action of the City Council. Owners and/or Residential will (a) dedicate all streets as indicated on each subdivision plat to the public at the time of recording each plat as herein provided, and (b) dedicate all easements for public and private, if applicable, utilities as are required by the applicable utility company or W10 municipal body for the development of each such plat. If any plat of subdivision contains public streets or thoroughfares which are therein dedicated as such, whether located within the corporate limits of the City or all or in part outside thereof, or contains existing streets located outside of said corporate limits, the approval of the plat by the City Council of the City or the subsequent annexation of the property to the City shall not constitute an acceptance thereon or therein, irrespective of any act or acts by an officer, agent, or employee of the City with respect to such streets or improvements; until such public streets or thoroughfares are accepted by the City, Residential shall maintain, repair, clean and plow snow off the same. The acceptance of such streets or thoroughfares shall be made only by the adoption of a resolution by the City Council of the City, after there has been filed with the City Clerk a certificate by the City Engineer certifying that all improvements required to be con- structed or installed in or upon such streets or thoroughfares, in connection with the approval of the final plat of sudivision by the City Council of the City have been fully completed and the construction or installation thereof has been approved by him. Owners and/or Residential shall dedicate or otherwise convey to the City sufficient portions of the Subject Property so that, thereafter, (a) the West half of the right-of-way of Crystal Lake Road will be fifty (50) feet from the center line of its presently existing right-of-way and (b) the East half of the right-of-way of Curran Road will be fifty (50) feet from the center line of its presently existing right-of-way; such dedications or conveyances shall be completed within thirty (30) days after the acquisition of the applicable portions of the Subject Property by Residential. Those streets de- signated on Exhibit C as "Collector" shall be sixty (60) foot right-of-way and shall have thirty-four (34) foot pavement width, back to back of curb; those streets designated on Exhibit C as "Minor" shall be sixty (60) foot right-of-way and shall have twenty-seven (27) foot pavement width, back to back of curb. 6. A. It is recognized by the parties hereto that present municipal sanitary sewage treatment facilities are not sufficient to service the entire project proposed to be developed on the Subject Property as set forth herein; as a result, the City makes no representation or warranty that there will be any sanitary sewer capacity available at any time during the term of this Agreement. No action of the City regarding applications to the Illinois or U.S. EPA for permission to construct sewer lines on any part of the Subject Property shall be construed to constitute any representation, warranty or reservation to Residential that sewer capacity will be available to service said sewer line when Residential applies to the City for individual sewer service permits. Attached hereto as Exhibit E is a Preliminary Master Sanitary Sewer Plan prepared by Branecki-Virgilio & Associates and approved by engineers for the City, which plan outlines the directional flow of sanitary sewage of the development proposed on the Subject Property; Residential agrees that such directional flow as shown on such Preliminary Master Sanitary Sewer Plan shall not be revised during the term of this Agreement without the express written consent of the City. B. Residential acknowledges that it has been advised by the City that it is necessary and desirable for the City to issue approximately 1.1 million dollars in Sewerage and Waterworks Revenue Bonds ("New Bonds") to pay for the expansion of the City's sanitary treatment plant facilities. Residential agrees that, if from time to time during the term of this Agreement, the City determines that paying the maturing principal of, and.the interest accruing on, the New Bonds with its Sewerage and Waterworks Funds will reduce the net cash in Bank and -10- Investment Balances, as hereinafter defined, in the Operating and Maintenance Account and the Capital Development Account of the Sewerage and Waterworks Fund to $150,000.00 or less, in the aggregate, Residential will pay to the City, within 30 days after it is requested by the City to do so, that sum which would be needed to reimburse the Bank and Investment Balances so that, after the maturing principal and interest obligations on the New Bonds are paid, the net cash in the Bank and Investment Balances will aggregate $150,000.00, provided, that, in no case shall Residential be required to prepay an amount in excess of the maturing principal and interest obligations then due on the New Bonds. The Bank and Investment Balances shall be determined by the City as of February 28 and August 31 of each year and shall be deemed to refer to the revenues of the Sewerage and Waterworks Fund then on hand, less the following: (1) all operational costs and expenses (including the operational cost of the iron removal system) of the combined sewerage and waterworks system, (2) the aggregate amount of the next semi-annual obligations in connection with the City's Sewerage and Waterworks Revenue Bonds, Series 1956 and 1976, (3) the revenue bond reserves required to be maintained by any and all revenue bond issues, and (4) the cost of any asset additions to the combined Sewerage and Waterworks System of the City. For any revenue bond payment made by Residential here- under, the City will give Residential credit in the amount of such payments toward future Sewer and Water Capital Development fees with respect to the development of the Subject Property based on the per unit fee structure in force at the time such payment is made. Anything herein to the contrary notwithstanding, Residential's revenue bond payment obligations hereunder shall not, at any time, exceed the Sewer and Water Capital Development fees that would be produced by the then existing unallocated sanitary treatment plant capacity. -11- C. The Bank and Investment Balances shall be re- computed in accordance with the aforementioned formula as of April 30 and October 30 of each year. If such recomputation discloses that Residential made a larger payment to the City based on the earlier computation than the recomputed amount, the City shall reimburse Residential the difference between its prior payment and the amount based on the recomputation, and Residential's credit for such payment toward future Sewer and Water Capital Development fees shall be reduced accordingly; if, on the other hand, such recomputation discloses that Residential made a smaller payment to the City based on the earlier computation than the recomputed amount, Residential shall pay the City the difference between its prior payment and the amount based on the recomputation, and Residential shall be given credit for such payment toward future Sewer and Water Capital Development fees as set forth in Paragraph 6 B hereof. 7. Upon platting of the first unit on the Subject Property, Residential agrees to convey, or cause to be conveyed, to the City fee simple title, free and clear of encumbrances, of a site acceptable to the City for a future water standpipe, which site shall be ten thousand (10,000) square feet in area. Such conveyance to the City shall be without cost or charge to the City. Residential shall provide the City with (a) an accurate staked boundary survey of such site, certified by a Registered Illinois Land Surveyor, and (b) a title insurance policy in the amount of the equivalent of Three Thousand Dol- lars ($3,000.00) per acre showing clear title in the City. 8. Residential shall construct such storm water management facilities as shall be required by the City from time to time, which requirements the City agrees shall be in accordance with its ordinances and generally accepted engineering standards. -12- 9. At the present time, Residential is maintaining a "billboard" type of sign at the intersection of Illinois Route 120 and Front Royal Drive, which sign advertises Residential's existing project. Residential agrees to remove such sign at its sole cost and expense within six (6) months from the date of this Agreement. The City agrees that Residential shall be allowed two (2) temporary signs with respect to the development of the Subject Property, one to be located at the intersection of Bull Valley Road and Crystal Lake Road and the other at the intersection of Crystal Lake Road and Illinois Route 120; these signs shall be no larger than twelve (12) feet by twenty (20) feet and shall be removed by Residential no later than six (6) months after the expiration of this Agreement. In addition, the City agrees that Residential may construct permanent entrance gates along Crystal Lake Road, Bull Valley Road and Curran Road where such roads intersect streets from within the Subject Property; provided, however, that the City shall have the right to approve the design and location of such entrance gates, which approval the City agrees shall not be unreasonably withheld. Such entrance gates shall be owned and maintained by Residential; in the event Residential does not desire to continue to main- tain such entrance gates, the City may elect to maintain such gates or request and require Residential to remove them. 10. A. Residential acknowledges that the develop- ment of the Subject Property will have impact on schools, parks, library and other public services within the City, and Residential therefore agrees to pay to the City such developer cash contributions as may then be required in accordance with the terms and provisions of any ordinance or ordinances of the City at the time that any final plat approval is sought by Residential or at the time that residential building permits are applied for, whichever is earlier. Residential also agrees that the amount of said developer cash payments to the City -13- will not be reduced on account of any conveyance of areas "g" or "h," or other land, by Residential to the City, it being understood that the aforesaid developer cash con- tributions shall be in addition to the aforesaid land con- veyances and that such conveyances are in the nature of a separate and distinct annexation fee and completely unassociated with the aforesaid developmental impact. B. In addition to the cash donations set forth in Paragraph 10 A of this Agreement, Residential agrees to convey or cause to be, conveyed to the City fee simple title, free and clear of encumbrances, of the area designated "g" on Exhibit C, containing fifty (50) acres, more or less, and, if the City so determines pursuant to Paragraph 3 H of this Agreement, the area designated "h" on Exhibit C, con- taining eight (8) acres, more or less. That portion of area "g" on Exhibit C located North of proposed Dartmoor Drive, which Residential believes to contain thirteen (13) acre:, more or less, shall be conveyed to the City within thirty (30) days after the execution of this Agreement and the balance shall be conveyed to the City within six (6) years from the date of this Agreement. Residential shall provide the City with (a) an accurate staked boundary survey, certified by a Registered Illinois Land Surveyor, and (b) a title insurance policy in the amount of the equivalent of Three Thousand Dollars ($3,000.00) per acre showing clear title in the City, at the time of each conveyance to the City pursuant to this Paragraph 10 B. If any portion of such area to be conveyed to the City pursuant to this Paragraph 10 B is disturbed by Residential or its agents or contractors during the development of the Subject Property, such will be graded and seeded at no expense to the City. Any partial conveyances of that portion of area "g" lying South of proposed Dartmoor Drive shall be conveyed to the City in contiguous parcels from North to South. 0100 C. To secure Residential's performance of the con- veyance of area "g" pursuant to Paragraph 10 B of this Agree- ment, within thirty (30) days after the execution of this Agreement, Residential shall cause that portion of the Subject Property described on Exhibit A attached hereto ("Escrow Parcel") to be conveyed to McHenry Countv Title Company, as escrowee ("Escrowee"), for the mutual benefit of the City and Residential. Included in the Escrow Parcel is the thirteen (13) acre portion of area "g" to be conveyed to the City pursuant to Paragraph 10 B of this Agreement, which shall be immediately conveyed to the City by the Escrowee as pro- vided in Paragraph 10 B. The balance of the Escrow Parcel, which is believed to be twenty-seven (27) acres, more or less, shall be retained by the Escrowee pursuant to a standard escrow agreement executed by the City and Residential, or their at- torneys, which escrow agreement shall have inserted therein such special provisions as may be required to conform with this Agreement. Residential shall provide the City with a title insurance policy in the amount of Two Hundred Thousand Dollars ($200,'000.00) showing clear title in the Escrowee. In the event Residential has not conveyed to the City all of that portion of area "g" upon the expiration of six (6) years from the date of this Agreement, the Escrowee shall have the authority, upon demand by the City, to convey the Escrow Parcel to the City. At such time as the entire area "g" has been conveyed to the City, the Escrowee shall have authority, upon demand by Residential, to release the Escrow Parcel to Residential. D. Residential agrees to extend Dartmoor Drive, fully improved in accordance with the City's design and con- struction standards and specifications, from the existing im- proved portion of Dartmoor Drive to at least its point of inter- section with the East boundary of Boone Creek, as depicted on Exhibit C, within eighteen (18) months from the date of this Agreement. ONE E. In the event it is necessary during the period prior to the complete conveyance of area "g" to the City to install underground or surface improvements on any portion of the Escrow Parcel, including the thirteen (13) acre portion to be conveyed to the City pursuant to Paragraphs 10 B and C of this Agreement, the record title-holder thereof from time to time (being either the City or the Escrowee) shall grant such temporary and/or permanent easements, or roadway dedica- tions, as shall be reasonably necessary to facilitate the installation and maintenance of such improvements. 11. Residential agrees to make cash contributions to the City, in addition to those set forth in the preceding Para- graph 10, as follows: A. Residential shall pay the sum of Fifty Thousand Dollars ($50,000.00) to the City to be applied toward the cost of a community swimming facility; such contribution shall be paid by Residential to the City within ninety (90) days after the execution by the City of the contract for the construction of such community swimming facility. If no community swimming facility has been contracted for within forty-eight (48) months after the date of this Agreement, Residential shall pay such Fifty Thousand Dollars ($50,000.00) to the City to be used for recreational purposes within the City; B. Residential shall pay to the City the sum of One Hundred Thousand Dollars ($100,000.00) to be used solely for a municipal building, payable Fifty Thousand Dollars ($50,000.00) on the execution of this Agreement and Fifty Thousand Dollars ($50,000.00) on or before six (6) months after the date of this Agreement. The type and location of such municipal building shall be in the City's sole discretion; and C. Residential agrees to pay the sum of Fifty Thousand Dollars ($50,000.00) to the City, to be used at the City's sole discretion for any purpose, payable Twenty-five Thousand Dollars -16- ($25,000.00) on or before eighteen (18) months after the execution of this Agreement and Twenty-five Thousand Dollars ($25,000.00) on or before the expiration of thirty (30) months after the execution of this Agreement. 12. Residential agrees to extend a road to Curran Road from the present location of Dartmoor Drive at the East boundary line of the Subject Property, as depicted on Exhibit C, on or before the earlier of (a) seven (7) years from the date of this Agreement or (b) fifteen (15) months from the recording of the first plat of subdivision of the Subject Property containing a residential lot West of Boone Creek. Such road shall be fully improved in accordance with the ap- plicable ordinances of the City, except that the final lift of road surface may be installed at such later date as the City may determine. 13. If any provision of this Agreement is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any other provisions contained herein. 14. Residential agrees that nothing contained in this Agreement is intended to limit, restrict or in any way impair the right, power or ability of the City to pass and adopt new or different regulations and fees of any kind or nature whatso= ever during the life of this Agreement, and Residential further agrees that any such new or different regulations and fees shall apply, in full, and without limitation to and upon the Subject Property, except as follows: A. with respect to the Subdivision Control Ordinance, the right-of-way widths set forth herein and the type and grade of improvements to be installed within said right-of-ways, in- cluding but not limited to curbs, gutters, sidewalks, pavement and underground utility improvements, shall remain as presently constituted with respect to the development of the Subject Prop- erty; and -17- B. with respect to the Amended Zoning Ordinance of the City of McHenry, the zoning, densities and uses presently allowed under the zoning districts referred to in Paragraph 3 hereof shall not be changed or reduced with respect to the development of the Subject Property. 15. It is understood and agreed by the parties hereto that time is of the essence of this Agreement and that all parties will make every reasonable effort to expedite the subject matters hereof; it is further understood and agreed by the parties that the successful consummation of this Agreement requires their con- tinued cooperation. 16. A. This Agreement shall be binding upon the parties hereto, and their respective successors or 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 the annexation of the Subject Property 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 included in calculating said ten (10) year term. In the event any such litigation is instituted by a third party, Residential shall pay the City's costs and expenses with respect thereto. B. Upon termination of this Agreement, or upon prior breach of the provisions of this Agreement by Owners or Residential, or their successors or assigns, and written notice of such breach by the City to Owners and Residential, or their successors and assigns, (1) the "R-1" Single Family District zoning classifications granted areas "a," "b," "c" and "f" pursuant to Paragraph 3 hereof shall remain in full force and effect, except that the special uses for planned unit development shall thereupon be null and void and of no further force or effect, and (2) the zoning classifications granted areas "d" and "e" may, in the sole discretion of the City, be changed to "R-1" Single Family District; provided, however that if there has been no prior breach, and notice thereof, of the provisions of this Agreement by owners or Residential, or their successors or assigns, the densities and uses set forth in Paragraph 3 hereof shall remain and be unaffected by the termination of this Agreement with respect to those portions of the Subject Property as to which final subdivision plats have been executed by the City prior to the expiration of the ten (10) year term referred to in Paragraph 16 A of this Agree- ment. 17. -This Agreement shall be enforceable only in a state court of competent jurisdiction by any of the parties, or by any appropriate action at law or in equity to secure the performance of the covenants and agreements herein contained. 18. The City specifically acknowledges that the Indi- viduals are executing this Agreement solely for the reason that they are the owners of record of a portion of the Subject Property and will continue to be owners of record of portions of the Subject Property during the term of this Agreement, even though Residential is developing, or has developed, other portions of the Subject Property. The City further acknowledges that the Individuals are not, and do not intend to become, developers of the Subject Prop- erty, although they may from time to time execute various documents, such as subdivision plats, applications for utility permits and the like, in order to comply with rules and regulations applicable to the development of the Subject Property as well as the provisions of their contract with Residential. In light of the foregoing, the City agrees that the Individuals shall not be responsible for the performance by Residential, or its successors or assigns, of any of the provisions of this Agreement unless they become developers of the Subject Property, and in the event Residential or any other developer defaults in the performance of this Agreement or any provision hereof, the City will look solely to Residential, or such other developer, for such performance or for compensation for damages due to the failure of such performance. -19- 19. The City agrees to issue within a reasonable time after initial submission and review of building construction plans and the payment of required building permit and other fees, as required hereunder and pursuant to applicable ordinances, all necessary City building permits for the construction of any and all improvements on the Subject Property, or issue a letter of denial within said period of time informing the applicant as to wherein the application does not conform to the stated section of the Code. 20. , The City agrees to issue Certificates of Occupancy within a reasonable time after application or issue a letter of denial within said period of time informing the individual or entity to whom the building permit was issued specifically as to which corrections are necessary as a condition to the issuance of a Certificate of Occupancy and quoting the section of the Code relied upon by the City in its request for correction. 21. This Agreement is executed by the Trustee not personally but as Trustee under the provisions of the aforemen- tioned trust agreement in the exercise of the power and authority conferred upon and vested in the Trustee, and it is expressly understood and agreed that nothing in this Agreement contained shall be construed as creating any liability on the Trustee personally to pay any indebtedness accruing hereunder, or to per- form any covenants, either expressed or implied, in said Agreement (all such liability, if any, being expressly waived by the parties and by every person now or hereafter claiming any right or security hereunder) and that so far as the Trustee is concerned, the other parties under this Agreement shall look solely to the Subject Prop- erty described herein for the payment or enforcement hereof, it being understood that the Trustee merely holds, or will hold, legal title to a portion or all of the Subject Property and has no control over the management thereof or the income therefrom, and has no knowledge respecting rentals, leases or other factual matters with -20- respect to the Subject Property, except as represented to it by the beneficiary or beneficiaries of said Trust. 22. The parties hereto agree that those portions of the Subject Property not under development from time to time may be used for agricultural purposes and such agricul- tural use shall survive the termination of this Agreement. It is further agreed that any such agricultural use shall be recognized as a legal nonconforming use in accordance with the Amended Zoning Ordinance of the City of McHenry. IN WITNESS WHEREOF, the City, Owners and Residential have hereunto set their hands and seals, and have caused this instrument to be executed by their duly authorized officials and the corporate seal affixed hereto, all on the day and year first above written. ATTEST: By ATTEST: By ATTEST: By CITY OF McHENRY, ILLINOIS By yor RESIDENTIAL DEVELOPMENT GROUP, INC. By President Fremont Backhaus Irene Brackmann McHENRY STATE BANK By -21- M L'.:i1 [ is LT ;, The North 9;5. ;7 fey, t o f the Iles t 1!.:1 � o L' t;ia S()utat Quarter of �OCtlon 33, also the North 955.37 fef-t of thc, East 267.28 feet of the S0L1Lhwr:,t Quarter of :section 33, and also the Las 2G7.28 feet of the Southeast Quarter of the Northwest Quarter of Section 33 (except the .forth 494.39 feet thereof), all .in Township 45 Porth, Rance 8 East of the 3rd Principal Meridian, in Mcllenry County, Illinois. E%1I1BIT B PARCEh 1: That part of LhL West half of the Southeast Quarter of Section 33, To,::nship 45 North, R-tnge 8 East of the 'P:-►ird Princi aal ►loricl-i.+n, and of that part. or Sections 3 and •1 Tox-.,n:;ihJ p 4 ► Nortri, Range 8 East of the Third Principal Mori-cii_an , de::crihcd a ; follows: Beginninq at the Southeast Corner of the ::^st Half of the Sout:lcast Quarter of sai.cl Section 33; thence East alon:; the ':or�ih lilac cf Section 4, 130S.43 feet to the 'Northeast Corner of Scction 4; thence Last along the North line of Section 3 LU the cer,Lcr line of Crystal Lake Road; thence Southwesterly along the center lire of Crystal Lake Road 1098.0 feet; thence Wost Parallel with the North line of Section 4, 16:1.19 'Loot; thence North rat right anodes ` itil the last described line, 908.61 feet, more or loss, to a point in the ::,-rth line of Section 4, said point being 632.84 feet .lost of the place of beginning; thence North along a or-olonqution of the last d^_sc_ibcd line, 230.46 feet; thence East parallel wi th the South lillr: of Section 33, 333. G feet; thence North parallel %..itlh the East line of the West half o1 the ":'.ouL-hoast Ouarter of Section 33, 629.54 feet; thence East p_-rallel with the South line of Section 33, 300 feet, tu said East line of the W,st Half of the Southeast Quarter of Sect -ion 23; thence South along said East lints 860 feet to the point of beginning_; (Executing therefrom the following described, parcel: Beginning at the Northwest corner of Section 3; thence Last along the North line of Section 3, to the centerline of Crystal Lake Road.; thence South- westerly along said centerline, 348 foot; thence West parallel with the North line of Section n, 1165.13 feet; thence North pC-rpen6icu1ar to the North line of Section 4, 288.19 feet, more or less, to the North line of Section 4; thence East along said North line, 1042.78 feet to the place of beginning), , all situated in McIlenry County, Illinois. PARCEL 2: That part of the 1 est Half of the Southeast Quarter of Section 33, To%-jnship 45 North, Range 8 East of the Third Principal i•leridian, and part of the Northeast Quarter of Section 4, Townshio 44 North, Range 8 Lest of. the Third Principal Meridian, described as follo,.as: Beginning at a point in the centerline of Crystal Lal e- Road, said point b^gi.nning 1098 feet South%•'estcrly (as measured along said centerline) of the intersection of the c:onterline of Crystal Lake Road and the North -lino of Secti-cn 3, rownship 44 North, Ranee 8 East of the Third Principal Meridian; thence Wcst parallel to the North lisle of: Scction. 4, 1641.19 fee;-- to tihe uoint of beginnina Oil the parcel herein described; thence North at right angles to the last described lilac, 908.61 feet, more or loss, to a point in the North line of Section 4, said point being 632.0.4 `eet- hest of the Southcas:: Corner of the !Vest half of the S,authc ast Ouart.c.r of c,c:i:ion 33; thence I.orth along a prolongation or the iast descril_�ed li::C, 230.46 feet; thence I -Jest parallel with the South line of Section 33, 697.43 fe t, more or less, to the Wleest like of said [,:est Half; tilcnce Souti-I along said Wost line 230.46 foot, to the Soutiv.:est Corner thereof; tllencc 1:csL 19.7 feet, more or less, to tile N101th- west Corner of said Northeast Quarter of Section 4; thence South along the West lijlc, of the mor- theast Quar'Cor 2597.67 facet, more or less, to the North line of Pull Valley R^ad; thence last alonq the North line of said }3ull Vallev Road, 300.39 feet; thence North parallel with said West line of Section '1, 649.15 foot; thong ra,t- r.i. ric;hL oligles t.a t-hc, 1: sL descr11)c,d line, 415.97 feet; t}Ience North 1022. 9 feet:, I:.or-e or less, to the place of beginning, all in I•lcllonry County, Illinois. PA!'CE1. 3: The Sc)uLh'- c-st Q,lart.cr of the Norl.hi:CrL nuzrt0l: of Section 33 o::ceIst:incl ti:(, ,:or'l-h 19,1. 30 also oxccotinq Chcrcfrclr.l the Sol:t-h 1G3. 0.5 tort, a.1 -ur -!(I at right angles, ALSO, till` 1.otltho;I`>t Qunr! CAI" of t110 }'.nLth'.:,Nsl Of SeCIAO�l 33, c.:ccptinc; thcrc�ro::: th�� ',:ort-h 494.39 foot, end also c::ccpting t}ICI"CfrU:a the Ea:.t 2u7.28 feet, all lI: I'O::R::IIl ` 45 North, Range 8 East of the Thin? Princl.:)al '•1cridian, in mc11enry Count-y, Illinois. r -I, 4 . "'hay_ r art of the E, Iin ► f of 'cc0;1 u, o-.:11Slh1T3 4 ; .:.r1r Ra:rge 8 Lar. L of t!:c Third uc,s,c: a'bcd .is Beginning at a polnz in th,- centerline o; Cr :tzl Late I:o_lc',, saki point beinc; 109' feet- Sork"hwesterly (-is• m^asure(t along saici center- line) of the intersocti -n of the con.r.Crllne oi: Cr.vstal La?.o Road and the %orth, ling, of. `ection 3, To -.-in chip 44 i:orth, Ranc;c 8 East of the Third Principal :.I --radian; thence West nar<<llel with the north lithe of Section 4, 725 Te-nt to the place of heginninq of the Marcel h`reln described; thence Hest parallel .%,Itil the North line of Seczion 4, 91G.19 feet; thence South rarallel :,it}h the :test line of tl.e North - Last Quarter of saki Section , 1022.9 toot; tl.^taco r,iost at right angles to the last: described line, 415.97 feet; thence South parallel with said West lire, 6,19.15 feet:. to the North lino of Bull galley Road; thence East along the North line of Bull Valley Rcad, 49.65 feet, to a point of curvature; thence Southeastcr.ly along a curved line having a radius of 1452.4 feet, concave SouthWosterly an arc distance of 476.OG Coat; thence Southe.l--terl.y t�lrlclent to t;lc last described curve, 249.18 feet to the :1e!;t line of Crystal Lclke Road; thence Northeasterly along the 1•;cst line of Crystal Lakc Road, 154.2 feet, to the North line of the Southeast Quarter of Section 4; thence East along said North line, 49.89 feet, more or lccs, to the centerline of Crystal Lake Road; thence Northeasterly along a curved line having a radius of 14 , 323. 6 feet, concave Northwesterly an arc distance of 523.03 feet, to a point of talhnenc- ; thence Northeasterly along thecenterline of Cr•: stal La;:c Road, 475.58 feet to a point, said point being 2153.28 feet Southwesterly, as measured along said centerline, of said intersect -inn of the line of Crvstal Lake (toad and the North lire of Section 3; thence Northwesterly at right angles to the last described lino-, 162.63 feet; thence north perpendicular to the North line of Section 4, ',783.87 feet to the place of beginning, all in McIIenry County, Illinois. -- PARCEL 5 : The [-test Half of the Southeast Quarter of Section 33, except the North 955.37 feet thereof, and also excepting the following described parcel: Beginning at the South::est Corner of the west lialf;thence North along the West line of the West Half, 230.46 feet; thence East parallel .•pith the Southh line of Section 33, 1030.79 feet; thence North parallel with the East line of said i';est half, 629.54 feet; thcnr_e East parallel with the South line of Section 33, 300 feet to L-he East line of said I•;est Half; thence South along said East line, 860 feet to the Southeast Corner of said j'Iest half; thence West along the South line of Section 33 to the place of beginning, all in--Town,jhip 45 'Nort-h, Tea:age 8 East of the Third Principal Meridian, in McIIonry County, Illinois. PARCEL 6 : '�'_le East half of the Southwest Quarter of Section 33, except the 1132.58 feet: (as pleasured at ricliht angles) Lhereef, and also the East 267.28 feet of the worth 955.37 feet thereof; all 45 'North, Range 3 East of the Tllira Principal Meridian, in `IcIler.r, L� .:::�. , Illinois. PARCEL 7: The South 1132.5r feet (as measured at right angles) of the East half of the Southwest (-,uart(-r of Section 33, together with that part of the I•Iest Half of the Southx•:est Quarter of Secticn 33 described as follows: Beginning at a point in the South line of Section 33, 907.5 feet Last of the Southwest corner of said Section 33; thence North parallel with the [vest tine of. 'Section 33,- 559.41 Feet: thence EL-tst parallel +':tth Lhe. Scut -Ai line of Section 33, .122.10 foot•, l;icre or less, to the iv-'st line of the East half of the :011thl:C'St 91.1_lrter; tllcihce South al.orlcl sa 1 cl i':r:o t 11110 , 155P . 36 foot, more or less, to the Southeast Corner of til( Wos't Half; thonco I•:est alunq' the Soul- l line Of .'Wctlon 331, 42.1 . 47 Shore or lc s-;, to the place oj_ !-)c'(,,ii.ninrt; call -in '1'o ns'ni p 45 'North, Pango 3 East of the 'Third Principal i•Ior iul in, in ,McHenry County, Illinois. P;:RC7-L 3: Th_- .:ort:: 1152. ;i2 feet (as at r ic:�:t anc les) -f half of t. o Southwest Quarter � � �'to-et'— � s. '� .�st ua_ �, of SLCtIOn 33 �•�it.. the south 1G3.85 feet (as measured at right angles) of t;:e Sjou-_ .:es� Quarter of 'Che ::orth•:iest Quarter of Section 33, all is :5 North, Range 8 East of the Third Principal, in Mc!!cnry Cou:it•,', Illinois. PARCEL 9 That part of the West Half of the Southwest quarter of Section 33, To�..nship 45 North, Range 8 East of the Third Princ-pal Meridian, described as iolloa:s: 13eginning at the interaction or th-2 West line of Section 33 and the South line of the North 1152.82 fees (as measured at right angles) of said V.'est Half; thence Ea ,t alonr-7 the South lire of said North 1152.32 feet, 1325.79 feet, more or leis, to the East line of said ?Celt Half; thcnce South alon7 ',ha Easy. 930.7 feet, to a point 558.36 feet North of the Southeast Corner of said West half; thence Nest parallel to the South line of Section 33, 422.16 feet, more or -less, to the East tine of the Iest 907.5 feet of the Southwest Quarter of Section 33; thence North parallel with the West line of Section 33, 101.72 feet, more or ,less, to the North- east Corner of the Nest 907.5 feet of the South 720 feet (as measured at right angles) of said Section 33; thence West along the North line of the South 720 feet, 907.5 feet to the P7est line of Section 33; thence North along said Nest line, 770.14 feet, more or less, to the place of beg -inning, all in McHenry County, Illinois. 5 e . a PHOHJ� DiLTA 6-7780 I HOWARD SURVEYING COMPANY, INC. Registered Illinois Land Surveyors 720 RIDGELAND AVE. • 'WAUKEGAN. ILLINOIS 6008S Description — Area "A" ( in Sections Sand 4) That part of Sections 3 and 4, Township 44 North, Range 8 East 6f the 3rd. P.M., described as follows: Beginning at a point in the West line of the Northeast Quarter of Section 4, said point being 1480 feet North of the center of said Section 4 as measured along said West line; thence N.0 32'08"W., along said West line, 1137.27 =feet, to the Northwest corner of said Northeast Quarter; thence East along the North line of Section 4, 1351.15 feet, more or less, to the Southwest corner of Lot 20 in Block 50 in Boone Valley Plat No. 12, as recorded by Document 726222; thence East along the South line of said subdivision 1622.43 feet, to the centerline of Crystal Lake Road; thence S.33037'14., along the centerline of Crystal Lake Road, 1098 feet, to a point; thence S.89 36'46"W parallel to the North line of Section 4, 1162.44 feet to a point; thence S.500 W., 407.68 feet, to a point on a line drawn parallel to and 880 feet East of (as measured parallel to the South line of the Northeast Quarter of said Section 4) the West line of said Northeast Quarter, said point being 1440 feet North of the South line of said Northeast Quarter, as measured parallel to said West. -line; thence S.0032'08"E., parallel to the West line of said Northeast Quarter, 110 feet, to a point; thence S.89003'42"W., parallel to the South line of said Northeast Quarter, 700 feet, to a point; thence N.0032'08"W., parallel to the West line of said Northeast Quarter, 150 feet, to a point; thence S.89003'42"W., parallel to the South line of said Northeast Quarter, 180 feet, to the point of beginning. Excepting therefrom that part described as follows: Beginning at the Northwest corner of Section 3; thence East along the North line of Section 3, to the centerline of Crystal Lake Road; thence Southwesterly along said centerline, 348 feet; thence West parallel with the North line of Section 4, 1165.18 feet; thence North perpendicular to the North line of Section 4, 288.19 feet, more or less, to the North line of Section 4; thence East along said North line, 1042.78 feet, to the point of beginning, all in McHenry County, Illinois. F- ' e phoN€ DELTA &7780 HOWARD SURVtYING COMPANY, INC. Registered Illinois Land Surveyors 720 RIDGELAND AVE. • 'WAUKEGAN, ILLINOIS 60085 Description - Area "A" ( East of creek in Section 33) That part of the South Half of Section 33, Township 45 North, Range 8 East of the 3rd. P.M., described as follows: beginning at the Southwest corner of Lot 20 in Block 50 in Boone Valley Plat No. 12, as recorded by Document 726222; thence West along the South line of Section 33, 1351.15 feet, to the Northwest corner of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the -3rd. P.M.; thence N.0032'08"W.81 along a prolongation of the West line of said Northeast Quarter of Section 4, 75 feet, to a point; thence N. 89027'52"E., 150 feet, to a point; thence N.0 32'08"W., 50 feet, to a point; thence Northeasterly along a curve concave Southeasterly, having"a radius of 114.826 feet and tangent to the last described course for an arc distance of 101.28 feet, to a point of tangency; thence N.500E., 412.81 feet, to a point of curve; thence Northeasterly along a curve, concave Northwesterly, having a radius of 430.092 feet, for an arc distance of 206.75 feet, to a point of tangency; thence N.25019'35"E., 951.78 feet, to a point of curve; thence Northerly along a curved line, concave Westerly, having a radius of 258.75 feet for an arc distance of 114.38 feet, to a point of tangency; thence N.0 E., 58 feet, to a point on a prolongation West of the centerline of Dartmoor Drive as recorded on said Document 726222; thence East along said prolongation, 280 feet, to the West line of said Boone Valley Plat No. 12; thence South along said West line of Boone Valley Pla#r No. 12, 1663.01 feet, to the point of beginning in McHenry County, Illinois. A FMK-mE DLLTA 6-7780 HOWARD SURVEYING COMPANY, INC. Registered Illinois Land Surveyors 720 RIDGELAND AVE. WAUKEGAN. ILLINOIS 60085 Description- Area "A" West That part of Section 33, Township 45 North, Range 8 East of the 3rd. P.M., described as follows: beginning at the Southwest corner of said Section 33; thence N.0022'31"E., alone the West line of said Section, 2146.38 feet, to a point; thence N.89 18'11"E., parallel to the South line of the Southwest Quarter of said Section, 895 feet, to a point; thence N.0022'31"E., 120 feet, to a point; thence N.89018'11"E., 329.98 feet to a point; thence N.0022'31"E., 253.13 feet, to a point; thence N.45 04'07"W., 250 feet to a point; thence N.6033'24"E., 92.12 feet, to a point; thence S.80 10'55"E., 120 feet, to a point on a curve; thence Northerly along a curved line, concave Ea;ter.l•-y, having a radius of 50 feet, for an arc distance of 30.64 feet ( chord course N.270 22'29"E.), to a point; thence N.45 04'07"W., radially to the last described curve, 110 feet, to a point; thence N.44°55'53"E., 130 feet, to a point; thence S.59006'17"E., 164.92 feet, to a point; thence S.25024'53"E., 148.66 feet, to a point; thence N.44055'53"E., 444.08 feet to a point; thence N.00 22'31"E., 43.82 feet, to a point; thence N.28 39'19"W., 56.64 feet, to a point; thence S.89°25'18"W., 130 feet, to a point; thence N.62°31'16"l�l., 148.83 feet, to a point; thence N.0022'31"E., 250 feet, to the South line of the North 494.39 of the Southeast Quarter of the Northwest Quarter of said Section 33, said point being 1430 feet East of the West line of said Section as measured along the South line of said North 494.39 feet; thence East along said South line of the North 494.39 feet, 1211.48 feet, more or less, to the East line of the Northwest Quarter of said Section; thence South along said East line 829.82 feet, more or less, to bhe center of said Section; thence N.89028'15"E., along the North line of the Southeast Quarter of said Section 33, 465 feet, to a point; thence Southerly along a curved line, concave Westerly, having a radius of 876.832 feet, for an arc distance of 169.47 feet, to a point; thence S.11008'28"W., 737.13 feet, to a point; thence N.79023105,11W., 405 feet, to a point -of curve; thence Southwesterly along a curved line, concave Southeasterly, having a radius of 280.71 feet, for an arc distance of 290.85 feet, to a point of tangency; thence S.41015'02"W., 530 feet, to a point; thence S.45004'07"14., 530 feet, to a point of curve; thence Southerly along a curved line, concave Westerly, having a radous of 82.015 feet, for an arc distance of 126.79 feet, to a poii of tangency; thence S.43030'22"W., 660.36 feet, to a point of curve; thence Westerly along a curved line, concave Northwesterly, having a radius of 213.076 feet, for an arc distance of 170.31 feet, to a point of tangency; thence S.89018'11"'d., 370 feet, to a point; thence S.0022'31"W., 310 feet, to a point on the South line of the Southwest Quarter of Section 33, said point being 1357.5 feet East of the Southwest corner thereof, as measured along said South line; thence West along said South line, 1357.5 feet to the point of beginning: Excepting therefrom the South 720 feet, as measured at right angles, of the West 907.5 feet, of the Southwest Quarter of said Section 33; all situated in McHenry County, Illinois. PHomE DELTA &7780 t HOWARD SURVEYING COMPANY, INC. Registered Illinois Land Surveyors 720 RID GEL AND AVE, • ' WAUKEGAN, ILLINOIS 60085 Description— Area "B" That part of the East Half of the Northeast Quarter of Section 4, Township 44 North, Range 8, East of the 3rd. P.M., described as follows: Beginning at a point in the West Iine.of said East Half, 21.6 feet North of the center of said Section, said point being in the North line of Bull Valley Road as reQorded by Document 607441; thence North along said West line 1458.4 feet, to a point; thence N.89003'42"E., parallel to the South line of the Northeast Quarter of said Section, 180 feet, to a point; thence S.0032'08"E., parallel . to said West line, 150.0 feet; thence N.89003'-42"E., parallel to the South line of said Northeast Quarter, 820 feet, to a point; thence S.32039'14"E., 188.08 feet, to a point on a line drawn parallel to and 1100 feet East of the West line of said Northeast Quarter ( as measured parallel to the Soubh line of said Northeast Quarter), said point being 1170 feet North of the South line of said Northeast Quarter as measured parallel to said West line; thence S.0032'08"E., o parallel to said West line, 405.0 feet, to a point; thence S.42 25'42"W.1 220.09 feet, to a point on a line drawn parallel to and 605 feet North of the South line of said Northeast Quarter (as measured parallel to the West line of said Northeast Quarter), said point being 950 feet East of the West line of said Northeast Quarter, as measured parallel to the South line thereof; thence 5.89°03'42"W., parallel to the South line of said Northeast Quarter, 220 feet, to a point; thence S.0032'08"E.01 parallel to the We8t line of said Northeast Quarter, 335 feet, to a point; thence S.11 34'26"W., 293.68 feet, to a point on the Northerly right of way line of Bull Valley Road, said point being 86.53 feet East of the intersection of said Northerly right of way line and the South line of said Northeast Quarter, as measured along said Northerly rigt of way line; thence Westerly along the Northerly right of way line of said Bull Valley Road, 670.87 feet, more or less, to the point of beginning in McHenry County, Illinois. PVoNE D)ELTA 6-7780 HOWARD SURVEYING COMPANY, INC. Registered Illinois Land Surveyors 720 RIDGELAND AVE. WAUKEGAN, ILLINOIS 60085 Description Area "C' That part of the Northeast Quarter of Section 4, Township 44 North, Range 8, East of the 3rd. P.M., described as follows: Beginning at a point in the centerline of Crystal Lake Road,said point being 1098 feet Southwesterly, as measured along the centerline of said Crystal Lake Road, of the intersection of said centglrline and the North line of Section 3, Township 44 North, Range 8 East of the 3rd. P.M., thence S.89036'46"W., parallel to the North Line of Section 4, 725 feet, to the point of beginning of the parcel herein described; thence continuing along a prolongation of the last described lire, 437.44 feet, to a point; thence S.500W., 407.68 feet, to a point on_a line drawn parallel to and 380 East of (as measured parallel to the South line of the Northeast Quarter of Section 4) the West line of Said Northeast Quarter, said point being 1440 feet North of the South line of said Northeast.Quarter as measured parallel to said West line; thence S.0032'08"E., parallel to the West line of said Northeast Quarter, 110 feet, to a point; thence N.89003'42"E., parallel to the South line of said Northeast Quarter, 120 feet, to a point; thence S.32039'14"E.81 188.08 feet, to a point on a line drawn parallel to and 1100 feet East of the West line of said Northeast Quarter( as measured parallel to the South line of said North- east Quarter), said point being 1170 feet North of the South line of said Northeast Quarter as measured parallel to said West line; thence S.0032'08"E., parallel to the West line of said Northeast Quarter, 376.78 feet, to a point; thence N. 89003'42"E., parallel to the South line of said Northeast Quarter, 399.67 feet to a point; thence S.56023'E., perpendicular to the centerline of said Crystal Lake Road, 205 feet, to a point in the centerline of Crystal Lake Road, said point being 2323.29 feet Southwesterly of the intersection of said centerline and the North line of said Section 3, as measured along said centerline; thence N.330 371E., along said centerline, 170 feet, to a point; thence N.56023'W., perpendicular to said centerline, 162.63 feet, to a point; thence N.0 23'14"W., perpendicular to the North line of Section 4, 783.87 feet, to the point of beginning, in McHenry County, Illinois. P40NE DFL.Tw &7780 HOWARD SURVEYING COMPANY, INC. Registered Illinois Land Surveyors 720 RIDGELAND AVE. • 'WAUKEGAN, ILLINOIS 60085 Description - Area "D" That part of the West half of Section 33, Township 45 North, Range 8 East of the 3rd. P.M., described as follows: Beginning at a point in the West line of said Section 33, said point being 2696.38 feet North of the Southwest corner of said Section 33; thence N.89018'11"E., parallel to the South line of the Southwest Quarter of Section 33, 375 feet, to a point; thence S.0022'31"W:, parallel to the West line of said Section 33, 550 feet, -:o a point; thence N.89018'11"E., parallel to the South line of said Southwest Quarter, 400 feet, to a point; thence N.0022'31"E., parallel to said West,line, 550 feet, to a point; thence N.16032'26"E., 808.15 feet, more or less, to a point in the South line of the North 494.39 feet, of the Southwest Quarter of the Northwest Quarter of said Section 33, said point being 1000 feet East of the West line of said Section, as measured along said South line of the North 494.39; thence West along said South line, 1000 feet to the West line of said Section 33; thence South along said West line, 774.06 feet, more or less, to the point of beginning, in McHenry County, Illinois. PHONE DELTA 6-7780 HOWARD SURVEYING COMPANY, INC. Registered Illinois Land Surveyors 720 RIDGELAND AVE. • 'WAUKEGAN, ILLINOIS 60085 Description- Area "E" That part of the Southwest Quarter of Section 33 , Township 45 North, Range 8 East of the 3rd. P.M., described as follows: beginning at a point on the South line of said Southwest Quarter, 1357.5 feet, East of the Southwest corner thereof, as measured along said South line; thence N.89018111"E., along said South line, 150 feet, to a point; thence N.0022'31"E., 160 feet, to a point; thence N•.89018'11"E., 376.19 feet, to a point; thence N.43030'22"E., 1039.99 feet, to a point; thence N.45004'07"We, 765.96 feet, to a point; thence S.41015'02"W., 150.31 feet, to a point; thence S.45004'07"E., 530 feet, to a point of curve; thence Southerly along a curved line, concave Westerly, having a radius of 82.015 feet, for an arc distance of 126.79 feet; thence S.43030'22"W., 660.36 feet, to a point of curve; thence Westerly along a curved line concave Northwesterly, having a radius of 213.076 feet, for 8n arc distance of 170.31 feet, to a point of tangency; thence S.89 18'11"W., 370 feet, to a point; thence S.0022'31"14., 310 feet, to the point of beginning, in McHenry County, Illinois. W PHONE DELTA 6-7780 HOWARD SURVEYING COMPANY, INC. Registered Illinois Land Surveyors 720 RIDGELAND AVE. • 'WAUKEGAN, ILLINOIS 60085 Description- Area "E" That part_ of the South Half of Section 33, Township 45 North, Range 8 East of the 3rd. P.M., described as follows: Beginning at the center of said Section 33; thence East along the North line of the Southeast Quarter, 465 feet, to the point of beginning of the parcel herein des- criged: thence N.89028'15"E., along said North line, 150 feet; thence S.0 04'02"W.01 101.11 feet, to a point; thence wS.11 08'28"1ti1., 802.28 feet, to a point; thence S.50034'34"W., 86.11 feet, to a point; thence S. 100 36'55"V/., 130 feet, to a point; thence N.79 23'05"W., 550.28 feet, to a point; thence N.12 30'53"W., 152.71 feet, to a_point on a curve; thence Easterly along a curved line, concave Southerly, having a radius of 280.71 feet, for an arc distance of 0113.32 feet (chord course N.89003'01"E.) to a point of tangency; thence S.79 23'05"E., 405 feet, to a point; thence N.11008'28"E., 737.13 feet, to a point of curve; thence Northerly in a curved line, concave Westerly, having a radius of 876.832 feet, for an arc distance of 169.47 feet to the point of beginning, in McHenry County, I l l i not s. - %. , PHONE DLLTA 6-7780 HOWARD SURVEYING COMPANY, INC. Registered Illinois Land Surveyors 720 RIDGELAND AVE. • ' WAUKEGAN, ILLINOIS 60085 Description - Area "E" East of Creek That part of the South Half of Section 33, Township 45 North, Range 8, East of the 3rd. P.M., described as follows: beginning at the Northwest corner of the Northeast Quarter of Section 4, Township 44 North, Range 81 East of the 3rd. P.M.; thence N.0032'08"W., along a prolongation of the West line of said Northeast Quarter of Section 4, 75 feet, to the point of beginning of the parcel herein described; thence N.89027'52"E., 150 feet, to a point; thence N.0032'08"W., 50 feet, to a point of curve; thence Northeasterly along a curve, concave Southeasterly, having a radius of 114.820' feet, for an arc distance of 101.28 feet, to a point of tangency; thence N.500E., 412.81 feet, to a point of curve; thence Northeasterly along a curve, concave Northwesterly,having a radius of 480.092 feet, for an arc distance of 206.75 feet, to a point of tangency; thence N.25019'35"E., 951.78 feet, to a point of curve;thence Northerly along a curve, concave Westerly, having a radius of 258.75 feet, for an arc distance of 114.38 feet, to a point of tangency; thence N.00E.01 58 feet, to a point on a prolongation West of the centerline of Dartmooe Drive, as recorded in Boone Valley Plat No. 12, as Document No. 726222; thence East along said prolongation, 280 feet, to the West line of said Boone Valley.Plat No..12; thence North along the West line of the East Half of the* SE :'of said Section 33, 463 feet, to a point; thence West parallel to the centerline of Dartmoor Drive, 280 feet, to a point; thence S.8 59'17"W., 468.75 feet, to a point on said centerline extended West, said point being 355.37 feet, West of the West line of said Sub- division; thence West along said prolongation, 99.63 feet, to a point; thence S.0011., 93 feet, to a point; thence S.25 19'35"W., 1036.72 feet, to a point; thence S.50oW., 610 feet, to a point on a prolongation North, of the West line of said Northeast Quarter of Section 4; said point being 250 feet North of the Northwest corner of said Northeast Quarter; thence S.0032'08"E., 175 feet, to the point of beginning, in McHenry County, Illinois. PHONE DLLTA 6-7780 HOWARD SURVEYING COMPANY, INC. Registered Illinois Land Surveyors 720 RIDGELAND AVE. • 'WAUKEGAN, ILLINOIS 60085 Description -- Area "F" That part of the ::east Half:-.- of Section 4, Township 44 North, Range 8 East of the 3rd. P.M., described as follows: beginning at a point in the centerline of Crystal Lake Road, said point being 2323.28 feet Southwesterly of the intersection of said centerline and the North line of Section 3, in - said Township 44 North, Range 8, as measured along said centerline; thence N.56°23'W., perpendicular to said centerline, 205 feet, to a point; thence S.39003'42"W., parallel to the South line of -said Northeast Quarter, 399.67 feet, to a point on a line drawn parallel to and 1100 feet East of the West line of said Northeast Quarter (as measured parallel to the South line of said Northeast Quarter), said point being 793.22 feet North of the South line of said Northeast Quarter, as measured parallel to the West line of Northeast Quarter; thence S.0032'08"E., parallel to the West line of said Northeast Quarter, 28.22 feet, to a point; thence S.42025'42"W., 220.09 feet, to a point on a line drawn parallel to and 605 feet North of the South line of said Northeast Quarter (as measured parallel to the Test line of said Northeast Quarter), said point being 950 feet East of the West line of said Northeast Quarter, as measured parallel to the South line thereof; thence S•.89003'42"W., parallel to the South line of said Northeast Quarter, 220 feet, to a point; thence S.0032'08"E., parallel to the West line of said Northeast Quarter, 335 feet, to a point; thence S.11034'26"W., 293.69 feet, to a point on the Northerly right of way line of Bull Valley Road, said point being 86.53 feet East of the intersection of said Northerly right of way line and the South line of said Northeast Quarter, as measured along said Northerly right of way line; thence Southeasterly along the Northerly right of way line of Bull Valley Road, 392.41 feet, more or less, to the Westerly right of way line of Crystal Lake Road; thence Northeasterly along the Westerly right of way line of Crystal Lake Road 169.64 feet, more or less, to the South line of the Northeast Quarter; thence N.89003'42"E., along the South line of said Northeast Quarter, 49.98 feet, to the centerline of Crystal Lake Road; thence Northeasterly along the centerline of Crystal LakeoRoad, 554.77 feet, to a point of tangency in said roadway; thence N.33 37'E., along the centerline of Crystal Lake Road, 274.69 feet, to the place of beginning in McHenry County, Illinois. t PNONE DELTA 6.7780 HOWARD SURVEYING COMPANY, INC. Registered Illinois Land Surveyors 720 RIDGELAND AVE. WAUKEGAN, ILLINOIS 60085 Description- Area "G" That part of the South Half of Section 33, Township 45 North, Range 8, East of the 3rd. P.ti., described as follows: beginning at the Northeast corner of the West half of the Southeast Quarter of said Section 33; thence South along the East line of said West half, 512.06 feet, more or less, to a point, said point being 463 feet North of the centerline of Dartmoor Drive as shown on the plat of Boone Valley Plat No. 12, recorded by Document 726222, as measured along said East line; thence West parallel to the centerline of said Dartmoor Drive, 280 feet, to a point; thence S.8°59'17"W., 468.75 feet, to a point on the centerline of Dartmoor Drive extended West, said point being 355.37 feet, -"West of the West line of said Subdivision; thence West along a prolongation of said centerline, 79.63 feet, to a point; thence S.00W., 93 geet, to a point; thence S.250191357W., 1036.72 feet, to a point;thence S.50 W., 610 feet, to a point on a prolong- ation North of the West line of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the 3rd. P.M.,said point being 2g0 feet North of the Northwest corner of said Northeast Quarter; thence S.0 32'08"E., along said prolongation, 2g0 feet, to the Northwest corner of said Northeast Quarter; thence S.89 18'11"W., along the South line of Section 33, 1136.72 feet, more or less, to a point on the South line of said Section, said point being 1507.5 feet East of the Southwest corner of said Section 33, as measured along said South line; thence N.0022'31"E., 160 feet, to a point; thence N.89018'11"E., 376.19 feet, to a point; thence N.43030'22"E., 1039.99 feet, to a point; thence N.45004'07"W., 765.96 feet, to a point; thence N.41 15'02"E., 379.69 feet, to a point of curve; thence Northeasterly along a curved line concave Southeasterly, having a radius of 280.71 feet, for an are distance of 177.53 feet, to a point; thence S.12030'53"E., radially to the last described curve, 152.71 feet, to a point; thence S.79023'05"E., 550.28 feet, to a point; thence N.10036'55"E., 130 feet, to a point; thence N.50034'34"E., 86.11 feet, to a point, thence N.110 08'28"E., 802.28 feet, to a point; thence N.00 04'02"E., 101.11 feet, more or less, to a point on the North line of the Southeast Quarter of said Section 33, said point being 615 feet East of the Northwest corner of said Southeast Quarter as measured along said North line; thence East along said North line 704.56 feet, more or less, to the point of beginning, in McHenry County, Illinois. PHONE DELTA 6-7780 C HOWARD SURVEYING COMPANY, INC. Registered Illinois Land Surveyors 720 RIDGELAND AVE_ WAUKEGAN, ILLINOIS 60085 Description- Area "H" That part of the West half of Section 33, Township 45 North, Range 8 East of the 3rd. P.M., described as0follows: Beginning at the South- west corner of Section 33; thence N.0 22'31"E., along the West line of said said Section, 2146.38 feet, to a point; thence N.89018'11"E., parallel to the South line of the Southwest Quarter of said Section 33, 775 feet, to the point of beginning of the parcel herein described; thence N.890 18'o1"E., parallel to said South line, 120 feet to a point; thence N.0 22'.31"E., 120 feet to a point; thence N-.89 18'11"E., 329.98 feet, to a point; thence N.0 22'31"E., 253.13 feet, to a point; thence N.45 04'07"14., 250 feet, to a point; thence N.6033'24"E., 92.12 feet, to a point; thence S.80 10'55"E., 120 feet, to a point,on.a curve; thence Northerly along a curved line, concave Easterly, having a radius of 50 feet, for an arc distance of 30.64 feet ( chord course N.27 022'29"E.), to a point; thence N.45004'07"W., radially to the last described curve, 110 feet, to a point; thence N.44°55'53"E., 130 feet, to a point; thence S.59006'17"E., 164.92 feet, to a point; thence S.25024'53"E., 148.66 feet, to a point; thence N.44055'53"E., 444.08 feet, to a point; thence N.0022'31"E., 43.82 feet, to a point; thence N.28039'19"W., 56.64 feet, to a point; thence S.89025'18"W., 130 feet to a point; thence N.62031' 16"W., 148.83 feet, to a point; thence N.0 22'31"E., 250 feet, to the South line of the North 494.39 feet of the Southeast Quarter of the Northwest Quarter of said Section 33, said point being 1430 feet East of the West line of said Section as measured along the South line of said North 494.39 feet; thence West along said South line, 430 feet, to a point; thence S.16°32'26"Il., 808.15 feet, more or less, to a point on a line drawn parallel to the West line of said Section '3, said point being 550 feet North of the point of beginning; thence S.0 22'31"W.1 parallel to said West line of Section 33, 550 feet, to the point of beginning, in McHenry County, Illinois. PHONE DELTA 6-7780 HOWARD SURVEYING COMPANY, INC. Registered Illinois Land Surveyors 720 RIDGELAND AVE. • 'WAUKEGAN, ILLINOIS 60085 Description- Area "I" That part of the West half of Section 33, Township 45 North, Range 8, East of the 3rd. P.M., described as follows: Beginning at a point in the West line of said Section 33, said point being 2146.38 feet North of the Southwest corner of said Section, as measured along said West line; thence N.89018'11"E., parallel -to the South line of the Southwest Quarter of said Section, 375 feet, to a point; thence N.00 22'31"E., parallel to the West line of said Section, 550 feet, to a point; thence S.89o18'11"1l., parallel to the South line of said South- west Quarter, 375 feet, to the West line of —said Section 33; thence South along said West line, 550 feet, to the point of beginning, in McHenry County, Illinois.