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HomeMy WebLinkAboutOrdinances - O-91-582 - 11/13/1991 - AUTHORIZE ANNEX AGMT CAPITOL BANK & TRUST ALBERTS0-91- 582 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN ANNEXATION AGREEMENT WHEREAS, it is in the best interest of the City of McHenry, McHenry County, Illinois, that a certain Annexation Agreement pertaining to the property contiguous to the City and owned by the CAPITOL BANK AND TRUST COMPANY, as Trustee under Trust Agreement dated April 27, 1988 and known as Trust No. 1496, hereinafter referred to as "Owner" and Hawthorn Estates, Inc. as "Developer", be entered into; and WHEREAS, a copy of the aforesaid Agreement is attached hereto and specifically made a part hereof and incorporated herein; and WHEREAS, the Owner is ready, willing and able to enter into said Agreement and to perform the obligations as required thereunder; and WHEREAS, the statutory procedures provided in Division 15.1 of Article II of the Illinois Municipal Code, as amended, for the execution of said Annexation Agreement, have been fully complied with. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of McHenry, McHenry County, Illinois, as follows: 1. That the attached Annexation Agreement is hereby approved and the Mayor be and he is hereby authorized and directed to ;sign, and the City Clerk is directed to attest said attached "Annexation Agreement" dated November 13 , 1991. PASSED THIS 13th DAY OF November , 1991 VOTING YEA: Bolger, Donahue, Lieder, Serritella, ,Smith, Busse VOTING NAY: Adams, Locke, Patterson ABSENT • None ABSTAINED • None NOT VOTING: None APPROVED THIS 13th DAY OF November ATTEST: , 1991 CI Y F McHEN Y, LINOIS BY: MAYOR ANNEXATION AGREEMENT THIS AGREEMENT made and entered into this _j"rK day of N0V M aCA- , 1991, by and between the City of McHenry, hereinafter referred to as the City, a Municipal Corporation in the County of McHenry, State of Illinois, and CAPITOL BANK AND TRUST, CO., not individually but as Trustee under Trust Agreement dated April 27, 1988, and known as Trust No. 1496, and HAWTHORN ESTATES, INC., hereinafter referred to as Developer, and hereinafter jointly referred to as Owners. WHEREAS, the Trust is the owner of the following described real estate, to -wit: See attached legal description attached as Exhibit "A" containing 126.84 acres, hereinafter referred to as the Property, and, WHEREAS, the Property is located on the east side of Crystal Lake Road south of Marietta Street in the unincorporated portion of McHenry County adjoining and contiguous to the City of McHenry. That the Property is presently vacant and unimproved and has no electors residing thereon. That the Property is presently zoned A-1 (Agriculture) under the Zoning Ordinances of the County of McHenry. That the Property is shown on the Plat of Annexation attached hereto as Exhibit "B". That the subject Property constitutes territory which is contiguous to and may be annexed to the City of McHenry as provided under Article VII of the Illinois Municipal Code, Chapter 24, Section 7-1-1 et. seq. That the Owners desire to have the subject Property annexed to the City upon the terms and conditions provided herein. That the City, after due and careful consideration, has concluded that the annexation of the subject Property to the City under the terms and conditions hereinafter set forth will further the growth of the City, enable the City to control the development of the area and serve the best interests of the City and, WHEREAS, pursuant to the provisions of Section 11-15.1-1 et. seq. of the Illinois Municipal Code, the proposed Annexation Agreement, in substance and in form the same as this Agreement, was submitted to the City, and a public hearing was held thereon. WHEREAS, the City of McHenry does not furnish fire protection or library services, that the road servicing the Property is under the jurisdiction of the County and will remain a County Highway, and therefore no notices are required to be given to any Fire Protection District, Library District, or Highway Department. WHEREAS, prior to the date of this Agreement, said public hearings as are necessary for the City lawfully to grant RS-2 Zoning Classification as to the subject Property have been conducted, upon proper notice, and no further action need be taken by the Owners to cause the subject property to be rezoned, as stated above, once the subject property is annexed to the City. NOW, THEREFORE, in consideration of the covenants and conditions herein contained, IT IS HEREBY AGREED AS FOLLOWS: STATUTORY AUTHORITY 1. This Agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1 et. seq. of the Illinois Municipal Code (Chapter 24 of the Illinois Revised Statutes, 1985) . Pa PETITION FOR ANNEXATION 2. The Owners have filed with the City Clerk a Petition for Annexation of the Property to the City of McHenry, Illinois, conditioned upon the terms and provisions of this Agreement, which Petition has been filed in accordance with the Illinois Revised Statutes, -Chapter 24, Section 7-1-8 and the Ordinances and other requirements of the City. FILING OF PLAT OF ANNEXATION 3. The Owners have filed with the City Clerk a plat. of annexation of the subject Property, which Plat is attached hereto as Exhibit "B". ANNEXATION 4. The City agrees to enact the proper Ordinance annexing said Property which Ordinance shall attach the Plat of Annexation and shall be effective immediately upon its passage. A copy of said Ordinance shall be filed in the Office of the County Clerk of McHenry County and recorded in the McHenry County Recorder of Deed's Office. ZONING 5. Immediately upon the passage of the Annexation Ordinance, the City shall adopt an Ordinance zoning and classifying the Property under the RS-2 Zoning Classification of the City. PRELIMINARY PLAT OF SUBDIVISION 6. That the Preliminary Plat of the subdivision of the subject Property, prepared by Jen Land Design, Inc. dated January 22, 1991 and last revised on October 30, 1991, showing 211 residential lots on said Real Estate the approval of which has been recommended by the Plan Commission is hereby approved by the City. 3 SCHOOL, PARK, LIBRARY CONTRIBUTIONS AND FIRE PROTECTION DISTRICT 7. Owners acknowledge that the development of the subject property will have impact on schools, library, fire protection district and other public services within the City, and Owners therefore agree 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 that. are in effect at the time that residential building permits are applied for, except that if one-half of the lots in the approved final plat of subdivision have not made the required contribution within 18 months from the date of final plat approval or all of said lots have not made the required contribution within 36 months from the date of final plat approval, the Owner will pay an amount equal to the contribution for one-half of the lots on the 18th month following final plat approval and for all of the lots on the 36th month following final plat approval. Said amounts shall be calculated by the amount of the required contribution for a three (3) bedroom home in effect on the 18th month and 36th month respectively multiplied by the number of unpaid lots required to constitute one-half of the total lots by the 18th month and by the number of unpaid lots multiplied by the amount required for a three (3) bedroom home on the 36th month. That if later an application for building permit is made showing more than the aforesaid number of bedrooms per dwelling unit, the applicant for such building permit shall then be required to pay a supplementary cash contribution to the City to make up the difference between the amount previously paid by the developer or subdivider and the n i' amount required for the actual number of bedrooms to be constructed in such residential dwelling unit. If the subject property is subdivided in phases, time for payments specified above shall be from the date of final plat approval of each phase of said subdivision. The time for payments will be extended by the same period of time the Owners are unable to obtain a residential building permit because of any sanitary sewer ban. In lieu of any park cash contribution the Developer will donate approximately 49 acres to the City for park and open space or other municipal purposes as shown on the preliminary plat of subdivision. RETAINED PERSONNEL FEES 8. Owners shall comply with the Retained Personnel Ordinance in effect from time to time. ANNEXATION FEES 9. That upon approval of the Annexation Agreement by the City, the Owners will pay (in addition to all costs and expenses incurred by the City for retained personnel as specified in Paragraph 8 hereof) annexation fees in the total amount -of $168,920.00 on or before 90 days after approval of this Annexation Agreement by the City Council. ROADS 10. Dartmoor Drive shall be considered a "Secondary Street - Residential" and Cross Trail, North of the South property line and South of Dartmoor Drive shall be a "Collector Street - Residential" as defined in the City Subdivision Ordinance. Crystal Lake Road shall be considered as "Major" street as defined in the City Subdivision Ordinance. The Final Plat of Subdivision shall contain a note that access to Crystal Lake Road directly from any lot 5 abutting said road shall be prohibited. Except for lots 210 and 211, access to Dartmoor Drive from any lot abutting thereon shall be prohibited. As part of the subdivision improvements the Owners will install a deceleration lane and a left turn lane at the intersection of Crystal Lake Road and Dartmoor Drive or such other improvements in accordance with County of McHenry road standards. BIKE PATH 11. The Owners will construct an 8 ft. wide asphalt Class #1 bike path, with such appropriate signage, as required by the City's approved standards along the North side of Dartmoor Drive in lieu of any sidewalk. Said bike path will be part of the subdivision improvements. SEWER AND WATER 12. The City makes no representation or warranty that there will be any municipal sanitary sewer treatment plant or sanitary sewer main capacity or municipal water available at any time during the term of this Agreement. No action of the City regarding applications to the Illinois or U.S. Environmental Protection Agency for permission to construct sanitary sewer lines on any part of the subject Property shall be construed to constitute any representation, warranty or reservation by the City to Owners that municipal sanitary sewer treatment plant or sanitary sewer main capacity or water will be available to service said property when Owners apply to the City for individual sewer or water service connection permits. It will be the Owner's obligation to obtain from Chicago North Western Railroad the license agreements permitting the sewer and water lines to cross under said railroad right of way. I DEVELOPMENT IN PiiASES 13. The Owners shall be permitted to subdivide the property in not more than 4 phases in the numerical sequence shown on the Preliminary Plat of Subdivision. RECAPTURE FOR SEWER 14. The CITY agrees, pursuant to Illinois Revised Statutes (1987), Chapter 24, Section 9-5-1, as amended, to execute a recapture agreement with the Owners under the terms and provisions of which the City of McHenry shall agree to reimburse the Owner for an equitable portion of the cost of oversizing any sanitary sewer and water mains to this Premises, together with interest thereon from the date said facilities have been accepted by the City until connection thereto is sought by the benefitted third parties at a rate not to exceed 8% per annum, when and as collected from such third parties during the ten (10) years following such acceptance by the City. Such recapture agreement shall describe the property outside of the Premises which may reasonably be expected to benefit from the sanitary sewer and water main facilities and shall specify the equitable amount or proportion of the cost of said facilities which is to be incurred primarily for the benefit of that property. Such recapture agreement shall also provide that the City of McHenry shall collect such recapture fees charged to the owner's of the property not within the Premises at the time application is made to connect to and use the facilities by the respective properties of each such owner. The City of McHenry agrees that no benefitted property owner shall be permitted to connect onto and utilize said sanitary sewer and water main extensions and connections without first paying the recapture fees to the City as trA hereinabove stated. The City Engineers of the City of McHenry shall determine the service area and the identity of the properties potentially benefitted by the extension of said sanitary sewer and water mains and also the equitable proportion of the total cost and expense thereof which is to be recaptured from each of said properties or tracts of land. The City of McHenry shall have no recapture obligations under this paragraph until the terms thereof are formalized into a separate written agreement in accordance with the provisions of Illinois Revised Statutes (1987), Chapter 24, Section 9-5-1, as amended. Said recapture agreement shall be failed with the McHenry County Recorder. Owners agree to bear the cost of enforcing and defending the recapture agreement and pledge to hold the City of McHenry, its officers, agents and employees harmless and to pay all expenses, costs, judgments incurred by, or assessed against them as a result of the entry into or enforcement of said agreement. RECAPTURE AGREEMENT WITH NIXED CORPORATION 15. That said property is subject to a sewer line recapture agreement entered into by the City of McHenry on September 7, 2.984 with NIMED Corporation, an Illinois not -for -profit corporation and recorded in the Recorder's Office of McHenry County as Documents 889915 and 889916. OTHER RECAPTURE ORDINANCES 16. The Real Estate may be subject to other Recapture Agreements between the City and other owners who have or will have provided sewer or water mains to service the Real Estate. 0 UNDERGROUND UTILITIES 17. That the Developer agrees to install all electricity, gas, telephone lines and any other utility or cable devices, lines or conduits underground. ORDINANCE CHANGES 18. Owners agree 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 whatsoever during the life of this Agreement. Owners further agree 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 shall remain as presently constituted with respect to the development of the Property; and, B. With respect to the Amended Zoning Ordinance of the city of McHenry, the zoning, densities and uses presently allowed under the RS-2 Zoning Classification shall not be changed or reduced with respect to the development of the Property. C. It is not the intent of the parties to this Agreement to "freeze" any fees now or hereafter required by the City in connection with building permits, inspection fees, sewer and water tap -on, capital development fees, developers' donations, or any other regulatory fees or charges having to do with the development of the premises, nor is it the intent of this Agreement to grant any variance to the Owners with regard to the premises herein G described, from the terms and provisions of any ordinance or regulation of the City. MODEL CONSTRUCTION AND SALES OFFICE 19. A. The City agrees to permit the Owners to construct and maintain four models of single family homes in areas not finally platted in advance of any plat approval and engineering approval for the construction of sanitary sewers and water mains. No residential occupancy permit will be issued for such models until the premises on which they are located are subdivided :into individual lots. Said model may contain a sales office provided that the sales office is serviced by a McHenry County Health Department approved sanitary sewage holding tank. All advertising signs will be governed by the City's Sign Ordinance. B. After final plat approval, the City will issue building permits for such lots as developer requests although the public subdivision improvements are not then completed. However, the Developer acknowledges and agrees that no occupancy permits will issue until the said public subdivision improvements called for hereunder have been completed and accepted by the City, except as provided for in the Subdivision Control Ordinance and except. for the final lift on streets, and landscaping of the Berm area along Crystal Lake Road, at which time temporary certificates of occupancy will issue pending completion of said items. TEMPORARY CERTIFICATES OF OCCUPANCY 20. The Owners will construct a berm and landscaping along the rear of the lots along Crystal Lake Road as shown on the 10 landscaping plan prepared by Jen Land Design, Inc., dated October, 1991 and made a part hereof by reference. The berm and landscape area will be shown as a conservation easement on the final plat of subdivision and the lots burdened by said conservation easement shall contain deed restrictions requiring the maintenance of the conservation easement by the Owner of the lot. DEDICATION 21. Contemporaneously with the recording of the final plat of subdivision for Phase I, the Owners will convey and dedicate to the City of McHenry for unrestricted public uses and purposes that property depicted on the preliminary plat of subdivision as open space, wetland and detention and pedestrian access which will be designed on the final plat as Outlot "A". As part of the dedication of Outlot "A", Developer will construct an asphalt parking area for 12 automobiles and a crushed limestone access path to the active use area as depicted on said preliminary plat. Said parking lot and access path will be completed with the subdivision improvements for Phase I. Owners agree to hold the City harmless from any and all U.S. EPA and Illinois E.P.A. claims, costs, expenses and liabilities in connection with the condition of said premises existing on the date said premises are conveyed to the City. Contemporaneously with the recording of the final plat of subdivision for Phase II, the Owner will convey and dedicate to the City for Pedestrian access that area designated on said plat as Outlot "B". Within thirty (30) days of the date of the conveyance of Outlot "A", Owner will deliver a Title Insurance Policy in the 11 amount of $50,000.00 to City and a staked Plat of Survey prepared in accordance with Illinois Land Survey Standards for Outlot "A". Within thirty (30) days of the date of the conveyance of Outlot "B", Owner will deliver to City a commitment for Title Insurance in the amount of $10,000.00 for Outlot "B" and a staked Survey. RESERVATION OF LOTS 210 AND 211 22. Owner agrees not to contract for the sale or transfer of or to sell, transfer, convey or otherwise alienate lots 210 and 211 hereof depicted on the Preliminary Plat of Subdivision described in Paragraph 6 for a period of five ( 5 ) years from the date of the recording of the plat of subdivision containing said lots (Phase III). During said period, the City shall have the right to acquire free and clear title to said lots by giving written notice to Owners of its intention to acquire said lots. The purchase price to be paid by the City shall be the fair market value of said lots, without this restriction, as determined by a real estate appraiser with the designation of MAI or its equivalent. Said appraiser shall be selected by the City. Owners will furnish City with a title commitment for an Owner's Title Insurance Policy in the amount of the purchase price and a current staked survey showing encroachments from adjoining properties. If the City does not acquire said lots, then this option shall terminate without further notice. ERECTION OF A STOP LIGHT AT DARTMOOR AND CRYSTAL LAKE ROAD 23. The Owner agrees to pay $17,000.00, being 25% of the estimated cost of the construction of a stoplight, at the 12 intersection of Dartmoor and Crystal Lake Road. The Owner will deposit said amount in an interest bearing account for the benefit of the City within 30 days after the execution of this Agreement. If the County of McHenry or City of McHenry installs a traffic light at said intersection within 10 years from the date of this agreement, then the funds on deposit including any interest earned thereon shall be used by the City to help defray the cost of said stop light and the Owners shall have no further obligation for the cost of said stoplight. If neither the County of McHenry nor the City of McHenry do not install a traffic light within 10 years from the date of this agreement, then the deposit together with all interest earned thereon shall be paid to the Owner. RAILROAD CROSSING AT DARTMOOR DRIVE 24. The Owner agrees to pay $88,500.00, being one-half of the estimated cost of the construction of a railroad crossing at the intersection of Dartmoor and the Chicago North Western Railway. The Owner will deposit said amount in an interest bearing account for the benefit of the City within 30 days after the execution of this Agreement. If the City of McHenry or the railroad installs a traffic crossing at said intersection within twenty ( 20 ) years frbm the date of this agreement, then the funds on deposit including any interest earned thereon shall be used by the City to help defray the cost of said traffic crossing and the Owners shall have no further obligation for the cost of said crossing. If neither the railroad nor the City of McHenry do not install a traffic crossing within twenty (20) years from the date of this agreement, then the 13 deposit together with all interest earned thereon shall be paid to the Owner or its successor. VENUE 25. In the event that any legal action arising out of this Agreement is instituted by the parties hereto, the venue for such action shall be restricted to the Circuit Court of the 119th Judicial Circuit, McHenry County and no action shall be brought by the parties hereto, their successors or assigns in any Federal Court. TERM OF AGREEMENT 26. This Agreement shall be binding upon the parties hereto, their respective successors and assigns for a period of twenty 1( 20 ) years as provided by statute or such other term as may be authorized by law. COVENANT RUNNING WITH LAND 27. The covenants and agreements contained herein shall be deemed to be covenants running with the land during the terra of this Agreement and shall inure to the benefit of and be binding upon the heirs, successors and assigns of the parties, including the City, its corporate authorities and their successors in office, and shall be enforceable by order of Court pursuant to its provisions and the applicable statutes of the State of Illinois. EXCULPATORY 28. It is expressly understood and agreed that this Agreement is executed by CAPITOL BANK AND TRUST COMPANY, as Trustee as aforesaid and not individually, in the exercise of the power and authority conferred upon and vested in it as such Trustee, and that 14 nothing in this Agreement contained shall be construed as creating any personal liability upon said banking association; and that all obligations, duties, covenants and agreements of every nature herein set forth by said banking association to be kept and performed are intended to be kept, performed and discharged out of the Trust Estate held under said Trust Number 1496 or by successors in rights of ownership and control of the aforesaid real estate, all personal liability on the part of said banking association being hereby expressly waived by every person now or hereafter claiming hereunder. INTENTIONALLY LEFT BLANK 15 IN WITNESS WHEREOF, we have hereunto set our hands and seals this —)-2fflday of M VC14103 _ , 1991. CITY OF McHENRY By: Attest: This it t•ument is executed by CAPITOL BANY, MID TRUST 017 no` re":.crolly but solely as Trustee, as a`cre- sa;r'' c co,erar,t'. z:.d co"u!:t:n to be per.orm^d i:ere- ur !' ,'l"i 0'- _ ,',r: K M40 TRIUST OF it ;J:e!y -try, atore ;aid, 4 d fo: i ^r`01TO! BArl7, 7 T =ZUST O, � 1: by of tree cover„_•r.l<, ;tateme,its, representa- tions or f,arranues contained rn this instrument. CAPITOL BANK & TRUST, not Individually, but as Trustee under Trust Agreem t dated April 27, 19 88, an known as - Trust 96. By: — T s1t f f i er Attest: Asst., Trust Officer t/ HAWTHORN ESTATES, INS: By: STATE OF ILLINOIS SS. COUNTY OF COOK I the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Eh wIte b J %U CPf--- as QU�� Officer of CAPITOL BANK AND TRUST, 5 � . rj&w as 7�T-� Shy of said personally kn n to me to be the same persons wh Fes are ' subscribed to the foregoing instrument as suci'cer and Tp: respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own fr n voluntary act, and as the free and voluntary act of said for the uses and purposes therein set forth; and the said r O` is did also then and there acknowledge that said p-,0 as custodian of the corporate seal of said did affix $ 'd corporate seal of said Bank to said instrument as said s own free and voluntary act, and as the free and voluntary act of said patgariy; for the uses and purposes therein set forth. K Given under my hand and Notarial Seal this / ��� day of �_M F3 E a2 191/L . OFFICIAL SEAL �! VIC-TORIA J. KLOBUKOWSKI Nota Public NOTARY PUBLIC. SIME OF I1UINC'o MY COMMISSION EXPIRES 10/92 17 STATE OF ILLINOIS) ) SS. COUNTY OF MCHENRY) I the undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that WILLIAM J. BUSSE and BARBARA E. GILPIN personally known to me to be the MAYOR and CITY CLERK, respectively, of the CITY OF MCHENRY, and personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they signed and delivered said instrument as such MAYOR and CITY CLERK of said City and caused the City Seal of said City to be affixed thereto pursuant to the authority given by the Mayor and City Council of said City as their free and voluntary act, and as the free and voluntary act and deed of said City, for the uses and purposes therein set forth. GiveA under my hand nd notarial seal this day of 1941. -OFFICIAL SEW Notary Public JOAN MARTH Notary Public, State of ttllaob My Commww ExDkw 12/17/94 STATE OF ILLINOIS SS. COUNTY OF LAKE I the undersigned, a Notary Public in and for said County„ in the State aforesaid, DO HEREBY CERTIFY that Mark Albert as Vice - President of HAWTHORN ESTATES, INC., and Joseph Albert as Assistant Secretary of said Corporation, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Vice -President and Assistant Secretary respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Corporation for the uses and purposes therein set forth; and the said Vice -President did also then and there acknowledge that said Assistant Secretary as custodian of the corporate seal of said Corporation did affix the said corporate seal of said Corporation to said instrument as said Secretary's own free and voluntary act, and as the free and voluntary act of said Corporation, for the uses and purposes therein set forth. Given under my December, 1991. Albert Z&A:A1brtCL2.Agm hand and notarial seal this 6th day of Notary Public "OFF7NE SZAb„ DIAHRISTYNotary ate of IllinoisMy Comm�es 9/22/92 That part of the Southwest Quarter of the Southwest Quarter of Section 34, Township 45 North, Range 8 East of the Third Principal Meridian, lying Southeasterly of the center line of Crystal Lake Road, ALSO The Southeast Quarter of the Southwest Quarter of Section 34. Township 45 North Range 8 East of the Third Principal Meridian, ALSO That part of the Southwest Quarter of the Southeast Quarter of Section 34, Township 45 North, Range 8 East of the Third Principal Meridian, lying North- westerly of the Westerly line of the Chicago and Northwestern Railroad right of way, ALSO That part of the Northeast Quarter of the South- west Quarter of Section 34, Township 45 North, Range 8 East of the Third Principal Meridian, lying Southeasterly of the Southeast line of Kelter Estate Subdivision Unit No. 1, according to the Plat thereof re- corded March 14, 1949 as Document No. 218953, in Book 10 of Plats, page 112, ALSO The Northwest Quarter of the Southeast Quarter of Section 34, Township 45 North, Range 8 East of the Third Principal Meridian, (except that part thereof falling within Kelter Estate Subdivision Unit No. 1, according to the Plat thereof recorded March 14, 1949 as Docu- ment No. 218953, in Book 10 of Plats, page 112 AND except that part thereof falling within Kelter Estate Subdivision Unit No. 2, according to the Plat thereof recorded August 14, 1951 as Document No. 245499 in Book it of Plats, page 30 AND except that part thereof falling within Chicago and Northwestern Railroad right of way), ALSO That part of the Southwest Quarter of the Northeast Quarter of Section 34, Township 45 North Range 8 East of the Third Principal Meridian, which lies South- westerly of the Southwesterly line of Maryetta Street, as said Street is shown on the Plat of Kelter Estate Subdivision Unit No. 2,, according to the Plat thereof recorded August 14, 1951 as Document No. 245499, in Book 11 of Plats, page 30 and which lies Southeasterly of the South- easterly line of Kelter Estate Subdivision Unit No. 1, according to the Plat thereof recorded March 14, 1949 as Document No. 218953, in Book 10 of Plats, page 112, ALSO That part of the Northeast Quarter of the Southeast Quarter of Section 34, Township 45 North, Range 8 East of the Third Principal Meridian, lying Westerly of the Westerly line of Chicago and Northwestern Railroad right of way, (except that part thereof falling within Kelter Estate Subdivision Unit No. 2, according to the Plat thereof recorded August 14, 1951 as Document No. 245499, in Book it of Plats, page 30 AND except that part of the East Half of Section 34, Township 45 North, Range 8 East of the Third Principal Me- ridian, described as follows: Beginning at the intersection of the Southwesterly line of Lillian Street with the Northwesterly right of way line of the Chicago and Northwestern Railway Company; thence North- westerly along the Southwesterly line of said Lillian Street to the Southeasterly line of Hay Avenue as now dedicated according to "Hay Heights Subdivision" as recorded May 10, 1955 in Book 12 of Plats, page 25 as Document No. 292394; thence Southwesterly along said Southeast- erly line of Hay Avenue and along the Southeasterly line of Lots 16 and 17 of "Kelter Estate Subdivision Unit No. 2" as recorded August 14, 1951 in Book it of Plats, page 30 as Document No. 245499 to the most Southerly corner of said Lot 17; thence in a Southeasterly direction at right angles to the last described line, to a point on the said North- westerly right of way line of the Chicago and Northwestern Railway Company; thence Northeasterly along said Northwesterly right of way line of the railroad to the place of beginning), in M�Henry County, Illinois. 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