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HomeMy WebLinkAboutOrdinances - O-92-601 - 06/11/1992 - AUTHORIZE AMENDED ANNEX AGMT BACKHAUS/BRACKMANN"./ocity of McHenry 333 South Green Street McHenry, Illinois 60050-5642 STATE Of ILLINOIS MCOUNTY*� O/ / FIlr1l CD rn [no �rnnon C E R T I FI CAT I Oft ECORD Clerk's Office and Administration (815) 363-2100 FAX: (815) 363-2119 I, Barbara E. Gilpin, City Clerk in and for the City of Public Works, Building and Zoning McHenry, Illinois, and keeper of the official records, files, (815) 363-2170 Parks and and seal thereof, do hereby certify that the attached document Recreation (815) 363-2160 is a true and correct copy of Ordinance No. 0-92-601, Police (Non -Emergency) authorizing the execution of an Amended Annexation Agreement (815) 363-2200 between the City of McHenry and McHenry State Bank, Trust No. 12302, David L. Backhaus, Katherine M. Backhaus, McHenry State Mayor William J. Busse Bank, Trust No. 12303, Donald E. Backhaus, Joanne C. Backhaus, City Clerk Barbara E. Gilpin McHenry State Bank, Trust No. 4991, Fremont Backhaus and Irene Treasurer Brackmann, passed by the City Council of the City of McHenry, Lillian Cairns Illinois, at a regular meeting of said Council held on the llth Aldermen WARD 1 day of June, 1992, and the same was signed and approved by the William J. Bolger Toni Donahue Mayor of said City on the llth day of June, 1992. WARD 2 Gary W. Lieder IN WITNESS WHEREOF, I have hereunto set my hand and Terence W. Locke WARD affixed the corporate seal of the City of McHenry, Illinois Raymond Smith Dennis L. Adams :this 13th day of July, 1992. WARD 4�a^'•�'` L F y f Cecilia Ser ki 't Randy P11 Qt��oQ 4 "tSEA-Q t A l Barbara E. Gilpin, City Cl k �r 1 of the City of McHenry, Illinois f a / 92-46-0458 92F' 039017 R EC©PDD 7- c'7-4 a 0-92-601 AN ORDINANCE AUTHORIZING THE EXECUTION OF AN AMENDED ANNEXATION AGREEMENT WHEREAS, it is in the best interests of the City of McHenry, McHenry County, Illinois, that a certain Amended Annexation Agreement, a copy of which is attached hereto and incorporated herein, be entered into; and WHEREAS, McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated July 4, 1990, and known as Trust No. 12302, DAVID L. BACKHAUS, KATHERINE M. BACKHAUS, McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated July 4, 1990, and known as Trust No. 12303, DONALD E. BACKHAUS, JOANNE C. BACKHAUS, McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated July 4, 1990, and known as Trust No. 4991, FREMONT BACKHAUS and IRENE BRACKMANN, Owners, are ready, willing and able to enter into said Amended Agreement and to perform the obligations as required thereunder; and WHEREAS, the statutory procedures provided in Division 15.1 of Article 11 of the Illinois Municipal Code, as amended, for the execution of said Amended 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: SECTION I: That the Mayor be and he is hereby authorized and directed to execute, and the City Clerk is directed to attest, the 92-46-0459 92" 039017 Amended Annexation Agreement, a copy of which is attached hereto and made a part hereof. SECTION II: That this Ordinance shall be in full force and effect from and after its passage and approval as provided by law. AYES: Bolger, Donahue, Lieder, Smith, Adams, Serritella, Busse NAYS: Locke, Patterson ABSENT: None PASSED this 11th day of June , 1992. APPROVED by me this 11 th day of June 92. OR ATTEST: 2 92-46-0460 92P 039017 t Co;�'DEA -7 -1 7 - q � CIEVED JUL 8 '1992 cif Imam AMENDED ANNEXATION AGREEMENT I This Amended Agreement made and entered into this //rw day of kJy n(c , 1992, by and between the CITY OF McHENRY, a municipal corporation of the County of McHenry, State of Illinois (hereinafter referred to as "City"), by and through its Mayor and the members of its City Council (hereinafter referred to collectively as the "Corporate Authorities"); McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated July 4, 1990, and known as Trust No. 12302, and DAVID L. BACKHAUS and KATHERINE M. BACKHAUS (hereinafter referred to as "Trust No. 1230211); McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated July 4, 1990, and known as Trust No. 12303, and DONALD E. BACKHAUS and JOANNE C. BACKHAUS (hereinafter referred to as "Trust No. 1230311); and McHENRY STATE BANK, as Trustee under the provisions of a Trust Agreement dated July 4, 1990, and known as Trust No. 4991, and FREMONT BACKHAUS and IRENE BRACKMANN (hereinafter referred to as "Trust No. 499111) hereinafter referred to as "Owners". W I T N E S S E T H- WHEREAS, Trust No. 12302 is the title holder of record of the real estate described on Exhibit "All attached hereto and made a part hereof; and WHEREAS, Trust No. 12303 is the title holder of record of the real estate described on Exhibit "B" attached hereto and made a part hereof; and 92-46-0461 1 92R 039017 WHEREAS, Trust No. 4991 is the title holder of record of the real estate described on Exhibit "C" attached hereto and made a part hereof; and WHEREAS, Trust No. 4991 is the title holder of record of the real estate described on Exhibit "D" attached hereto and made a part hereof; and WHEREAS, the real estate described on Exhibits "A", "Bill licit and "D" is the subject of this Amended Annexation Agreement and is hereinafter referred to as "subject property", which real estate is represented on the conceptual site plan which is attached hereto and hereby made a part hereof as Exhibit "Eli; and WHEREAS, the real estate described on Exhibits licit and "D" is represented on the zoning overlay which is attached hereto and hereby made a part hereof as Exhibits "F-1" and "F-211; and WHEREAS, on July 16, 1979, the Corporate Authorities entered into an Annexation Agreement with respect to the real estate described on Exhibit "D" and pursuant to the terms of which said territory was thereafter annexed to the City of McHenry, Illinois; and WHEREAS, Owners have presented and submitted to the City Clerk of the City for filing, and said Clerk caused to be filed, duly executed Petitions for Annexation of the real estate described on Exhibits "A", "Bit and licit, which real estate is a part of the unincorporated area of McHenry County contiguous to the territory of the City and which Annexation Petitions are by their terms 2 92-46-0462 92R 039017 contingent upon the execution of this Amended Annexation Agreement; and WHEREAS, all of the electors residing on said real estate described on Exhibits "A", "Bit and licit have signed said Annexation Petitions; and WHEREAS, the real estate described on Exhibits "A", "Bit and "C" is not included within the corporate limits of any municipality; and WHEREAS, the real estate described on Exhibits "A", "Bit and "C" 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, 1989); and WHEREAS, the real estate described on Exhibits "A", "Bit and licit is located within the McHenry Township Fire Protection District and the McHenry Public Library District. The City of McHenry does not provide fire protection or a public library and no statutory notice to the McHenry Township Fire Protection District or the McHenry Public Library District is required; and WHEREAS, the Nunda Township and McHenry Township commissioners of Highways and the Nunda Township and McHenry Township Boards of Trustees 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 real estate described in Exhibits "A", "Bit and licit and whereas, an Affidavit that said Notice was served in accordance with applicable statutes was filed with the City and has been filed with the Recorder of Deeds of McHenry County; and 3 92-46-0463 0 92R 039017 WHEREAS, the Owners desire that the real estate described. on Exhibits "A", "B" and "C" be included in this Amended Annexation Agreement; and WHEREAS, the subject property consists of a total of 230 acres more or less; and WHEREAS, the Owners have presented and filed with the City - Clerk this Amended Annexation Agreement as a proposed Amended Annexation Agreement; and WHEREAS, a public hearing was held before the City of McHenry City Council and Zoning Board of Appeals on the proposed annexation and rezoning of the subject property and the recommendation made by the Zoning Board of Appeals was submitted to the Corporate Authorities; and WHEREAS, if annexed subject to the terms hereof, Owners 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 Amended Annexation Agreement have been considered by the parties hereto and the Corporate Authorities of the City believe that it is their best and considered judgment that the development of the subject property in accordance with the terms and provisions of this Amended Agreement will inure to the benefit of the improvement of the City as follows: 4 92-46-0464 r 921 039017 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 corporate limits and jurisdiction of the City and the benefits of its ordinances to the limits shown on said Exhibit "Ell; 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 and the Owners that -the improvement and development of the subject property shall proceed properly, desirably and in an orderly manner and be 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 Amended Annexation Agreement is made pursuant to and in accordance with the provisions of Sections 11-15.1-1, et. seg., 5 92-46-0465 92R 039017 of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes, 1989). 2. The City, following the execution of this Amended Agreement, shall enact an ordinance annexing the real estate described in Exhibits "A", "Bit and licit and all adjacent streets or highways to the far side thereof; thereupon, owners shall furnish' an accurate map of the real estate described in Exhibits "A", "Bit and licit, and the City shall file the same, along with a certified copy of said Amended 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 Amended Agreement. 3. Immediately after the passing of the ordinance annexing the subject property, the City, without further hearing, shall adopt an amendment to the Zoning Ordinance of the City of McHenry zoning and classifying the subject property as follows: (a) That the real estate described on Exhibit "A" shall be zoned and classified "RS-2" Medium Density Single Family Residential District. (b) That the real estate described on Exhibit "Bit shall be zoned and classified "RS-2" Medium Density Single Family Residential District. (c) That the real estate described on Exhibits licit and "D" and represented on Exhibits "F-1" and "F-2" shall be zoned and classified as follows: 0 92-46-0466 r 92R 039017 (i) TRACT A (Exhibit "F-111): Parcel I "RS-3" Medium -High Density Single Family Residential District; Parcel II 11RM-1" Low -Density Multi -Family Residential District; Parcel III 11RM-2" High -Density Multi -Family Residential District; Parcel IV -A "RS-3" Medium -High Density Single Family Residential District; Parcel IV-3 11RM-1" Low -Density Multi -Family Residential District; Parcel IV-C 11RM-2" High -Density Multi -Family Residential District; Parcel IV-D 11RM-2" High -Density Multi -Family Residential District; Parcel'-V-A "RS-3" Medium -High Density Single Family Residential District; Parcel V-B "RM-1" Low -Density Multi -Family Residential District; Parcel V-C 11RM-2" High -Density Multi -Family Residential District; Parcel VI 11RM-2" High -Density Multi -Family Residential District; Parcel VII-A municipal site; Parcel VII-B 110-2" Office Park District, Parcel VIII-A "C-3" Community Commercial District; Parcel VIII-B municipal site; Parcel VIII-C 110-2" Office Park District; and Parcel IX "RS-3" Medium -High Density Single Family Residential District. (ii) TRACT B (Exhibit "F-211): Parcel I "RS-2" Medium -Density Single -Family Residential District; Parcel II open space; Parcel III open space; Parcel IV 11RS-2" Medium -Density Single -Family Residential District; Parcel V open space; Parcel VI "RS-2" Medium -Density Single - Family Residential District; Parcel XVI "RS-2" Medium- . . ! 7 92-46-0467 92R 039017 Density Single -Family Residential District; Parcel XVII-A open space; Parcel XVII-B "RM-1" Low -Density Multi -Family Residential District; Parcel XVIII "RS-2" Medium Density Single Family Residential District; Parcel XIX-A "RS-2" Medium Density Single Family Residential District; Parcel XIX-B 11RM-1" Low -Density Multi -Family Residential District; Parcel XIX-C open space; Parcel XX-A "RS-2" Medium Density Single Family Residential District; Parcel XX-B "RM-1" Low -Density Multi -Family Residential District; Parcel XXI 11RM-1" Low -Density Multi -Family Residential District; Parcel XXII open space; Parcel XXIII 11RM-1 Low -Density Multi -Family Residential District; Parcel XXIV 11RM-1" Low -Density Multi -Family Residential District; and Parcel XXIII open space. 4. Those areas designated Parcels I, IV -A, V-A and IX of Tract A on Exhibit "F-1" shall be zoned "RS-3" Medium -High -Density Single Family Residential District as set forth in the Zoning Ordinance of the City of McHenry and subdivided into no more than 31 single-family lots with a minimum lot size of 9,000 square feet. 5. Those areas designated Parcels II, IV-B and V-B of Tract A on Exhibit "F-1" shall be zoned 11RM-1" Low -Density Multi -Family Residential District as set forth in the Zoning Ordinance of the City of McHenry for development of no more than 40 townhome units. 6. Those areas designated Parcels III, IV-C, IV-D, V-C and VI of Tract A on Exhibit "F-1" shall be zoned 11RM-2" High -Density Multi -Family Residential District as set forth in the Zoning 92-46-0468 92R 039017 Ordinance of the City of McHenry for the development thereon of no more than 130 condominium units. Owners agree that no more than 25% of said units shall have three or more bedrooms. 7. The area designated Parcel VIII-A of Tract A on Exhibit "F-1" shall be zoned "C-3" Community Commercial District as set forth in the Zoning Ordinance of the City of McHenry for commercial development. One (1) acre of this area shall be designated a commercial outlot as set forth on Exhibit "E". Owner agrees that the following uses shall not be permitted under the "C-3" zoning for Parcel VIII-A: (a) Automobile service stations; (b) Newspaper distribution agencies for home delivery and retail trade; (c) Yard goods stores; (d) Game rooms; (e) Taverns and bars without live entertainment or dancing; (f) Animal hospitals; (g) Kennels, pet grooming and veterinary offices; (h) Laboratories, medical, dental, research and testing; (i) Meeting and banquet halls; (j) Pawnshops; (k) Produce markets; (1) Mortuaries; (m) Printing and publishing plants; (n) Radio and television towers; L 92-46-0469 92R 039017 (o) Restaurants with live entertainment or dancing; (p) Taverns and bars with live entertainment or dancing. 8. Those areas designated Parcels VII-B and VIII-C of Tract A on Exhibit "F-1" shall be zoned 110-2" Office Park District for development of an office park. 9. Those areas designated Parcels VII-A and VIII-B of Tract A on Exhibit "F-1" containing approximately 2.2 acres shall be conveyed to the City and used for whatever propose the City shall determine. Owners, at their sole cost, shall provide the City with a staked survey and an owner's title insurance policy in the amount of $66,000.00, or the fair market value thereof, whichever is larger, from a title insurance company licensed to do business in Illinois for said property to be conveyed to the City. Owners further agree to cause said property to be conveyed to the City and to deliver said survey and title insurance policy within 30 days after execution of this Agreement. 10. Those areas designated Parcels I, IV, VI, XVI XVIII, XIX- A and XX-A of Tract B on Exhibit "F-2" shall be zoned "RS•-2" Medium -Density Single Family Residential District as set forth in the Zoning Ordinance of the City of McHenry and subdivided into no more than 407 single-family lots with a minimum lot size of 10,890 square feet. 11. Those areas designated Parcels XVII-B, XIX-B, XX-B, XXI, XXIII and XXIV of Tract B on Exhibit "F-2" shall be zoned 1IRM•-1" Low -Density Multi -Family Residential District as set forth in the 10 92-46-0470 92R 039017 Zoning Ordinance of the City of McHenry for development of no more than 108 townhome units. 12. The area designated open space, which are Parcels II, III, V, XVII-A, XIX-C, XXII and XXVII of Tract B on Exhibit "F-211, shall be conveyed to the City. Owners, at their sole cost, shall provide the City with a staked survey and an owner's title insurance policy in the amount of the fair market value of such open space from a title insurance company licensed to do business in Illinois for said property to be conveyed to the City. Owners further agree to cause said property to ,be conveyed to the City -and to deliver said survey and title insurance policy within 30 days after execution of this Agreement. Owners further agree to dedicate an easement to the City for ingress and egress to Parcels II, III and V of Tract B on Exhibit "F-2" over the North 30 feet of Parcel I of Tract B on Exhibit "F-2" from Curran Road to Parcels II, III and V until such time as Parcel I is developed and at which time said easement will be vacated. 13. This Amended Agreement constitutes a contract by -and between the City and the Owners to implement the development of.the subject property in accordance with Exhibit "E" attached hereto. Nothing herein contained shall be construed to require complete subdivision of all of the subject property at any single time unless such is desired by Owners. A phasing plan showing -the division of the entire Tract B into those parts for which separate plat approval must be sought during the life of this Agreement, and 1 11 92-46-0471 92R 039017 specifying the sequence of the platting of those parts, shall be submitted to the City Council and shall be subject to its approval at the time that the first application is made for the approval of a preliminary plat of subdivision of any part of said Tract B. The City and the Owners agree that the conceptual site plan approval provided in this Amended Agreement does not limit or restrict the right of the City to disapprove subsequent subdivision of areas when the proposed subdivision fails in any respect to comply with all City codes and ordinances in effect at the time application is made to subdivide the premises or any portion thereof, 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 then in effect and shall be subject to action of the City Council. 14. Notwithstanding the City's Subdivision Ordinances, and except as otherwise provided in paragraph 18 hereof, the City agrees that the Owners shall be under no obligation to construct or dedicate any subdivision roads until a final plat of subdivision encompassing the subject area in which the roads or dedications are located has been approved by the Corporate Authorities. 15. It is understood and agreed that all off -site and on -site sanitary sewer and water mains servicing the subject premises shall be constructed and installed at Owners' sole cost and expense, at the locations designated by the City, upon easements for such purposes obtained by the Owners and dedicated to the City, all in 12 92-46-0472 92R 039017 accordance with the requirements of the City and the plans and specifications approved by the City Engineer. City agrees to exercise its powers of eminent domain, if necessary, to acquire easements for such sanitary sewer, storm sewer and water matins provided, however, that the Owners shall pay all judgments, costs and expenses incurred by the City in connection with such eminent - domain litigation. The City agrees, pursuant to Illinois Revised Statutes (1989) 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 Owners for an equitable portion of the cost of oversizing any sanitary sewer and water mains to these 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 the prime rate of interest locally prevailing on said acceptance date, 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 owners of the facilities by the respective properties of each such owner. The 13 92-46-0473 92n 0390{7 City of McHenry agrees that no benefitted property owner shall be permitted to connect to and utilize said sanitary sewer and water main extensions and connections without first paying the recapture fees to the City as 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 (1989), Chapter 24, Section 9-5-1, as amended. Said recapture agreement shall be filed 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. It is recognized by the parties hereto that present municipal sanitary sewage and water 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 treatment plant capacity or water available at any time during the term of this Agreement. No action of the City regarding 14 92-46-0474 . 92R 039017 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 owner that sewer capacity will be available to service said sewer line when owner applies to the City for individual sewer service permits. 16. The Owners will make all public improvements in accordance with the applicable ordinances of the City in effect: at the time the plans and specifications for such improvements are approved by the City Council and pursuant to the terms of this Agreement. Provided, however, that in lieu of advance construction of public facilities and improvements made necessary as a result of ordinances or other requirements, and in lieu of any bonds or deposits required in connection therewith to guarantee construction or performance under such ordinances or other regulations, Owners, at their election, may furnish to the City irrevocable letters of credit in a form approved by the City Attorney of the City, or by such other legal consultants as the City shall designate, issued by a sound and reputable banking or financial institution authorized to do business in the State of Illinois in an amount equal to one hundred twenty-five percent (125%) of the cost as estimated by the City Engineer of the City. 17. The Owners agree to submit to the City at the time the Owners request final plat approval of any portion of said real estate depicted on Exhibit "E" such storm water plans as the City Engineer deems necessary for the proper development of the portion 15 92-46-0475 92R 039017 for which a final plat is requested as well as the remaining portions of such real estate depicted on Exhibit "E". The location, design and construction, plans and specifications of all storm water drainage facilities including, but not limited to mains, swales, retention and detention areas, shall be subject to approval of the City Engineers. The Owners shall obtain and dedicate such drainage easements as the City may require to insure the City's right to perpetual drainage of the public improvements connected to such retention or detention areas. 18. Owners agree to extend Dartmoor Drive, (having a right- of-way width of 66 feet, a paved surface of 34 feet in width, face to face to curb and gutter, with a 16-foot tree bank on each side) fully improved in accordance with the City construction standards and specifications for subdivision roads from the existing improved portion of Dartmoor Drive on the east side of Boone Creek to a point of intersection with Curran Road, as depicted on Exhibit "E". Owners also agree to construct a bridge or culvert over Boone Creek in accordance with the requirements, standards and specifications of the Illinois Department of Transportation Division of Bridges or Division of Culverts and approved by the City Engineer and the City Council. Design of any bridge or culvert shall be in accordance with the policies of the Illinois Department of Transportation Bureau of Design. Loading shall be in accordance with HS-20--44. Required clearance will be in accordance with the policies of the Illinois Department of Transportation Division of Highways and the required permit shall be obtained from the Illinois Department of 92-46-0476 92R 039017 Transportation Division of Water Resources. City and Owners agree to participate in the Army Corp of Engineers permit process to obtain necessary permission to bridge or construct a culvert across and mitigate the wetland, waterway and Boone Creek. The City and owner agree that joint applications will be submitted to the Army Corps of Engineers and any other governmental agency in order to obtain the necessary permits to construct the bridge or culvert. The City agrees to acquire all necessary easements, at its costs, for the Dartmoor Road right of way on the east side of Boone Creek. City and Owner agree to fully cooperate with one another and to do all things necessary and appropriate in order to obtain the necessary permits. Owners agree to prepare the necessary permit applications and supporting documentation and to have them filed with the Army Corps of Engineers and State of Illinois within six (6) months after execution of this Agreement. Owners shall commence construction of the bridge or culvert within eighteen (18) months after execution of this Agreement and shall complete said bridge or culvert within thirty-six (36) months after approval of this Agreement. Dartmoor Drive located west of Boone Creek shall be installed by Owners, at their option, either in phases as any segment of Dartmoor Drive is included in the final plat of any subdivision of the subject premises, or, in its entirety, at any time prior to such subdivision, provided, however, that the entire length of Dartmoor Drive shall be installed by Owners in accordance with the . I , 17 92-46-0477 92R 039017 Subdivision Control Ordinance specifications no later than the date prior to the expiration date of this Agreement. No construction vehicle traffic involved in any subdivision, residential construction or developmental work on the subject premises west of Boone Creek shall have access to said premises over that part of Dartmoor Drive that is located on the east side - of Boone Creek. In the event that Owners elect to install Dartmoor Drive in phases as aforesaid, Owners shall construct a temporary road from Curran Road to the western terminus of'Dartmoor Drive in such subdivision phase, which temporary road shall be paved with a 10- inch crushed stone base meeting a CA-6 Illinois Department of Transportation (IDOT) specification approved by the City Engineer, and shall have a paved surface 24 feet in width with a Class A-2 bituminous surface treatment in accordance with Section 403 of the Standard Specifications for road and bridge construction, Illinois Department of Transportation, adopted July 1, 1988, and 5-foot shoulders on both sides thereof. In the event that no segment of Dartmoor Drive is included in any final plat of subdivision at the time that the bridge or culvert over Boone Creek is completed, Owners shall install a temporary road from Curran Road to the western terminus of said bridge or culvert in accordance with the specifications for such temporary road. Owners shall grant a right-of-way easement for public road purposes to the City of McHenry 66 feet in width with the center 18 92-46-0478 92R 039017 line of said easement being the center line of said temporary Dartmoor Drive. Any portion of the temporary Dartmoor Drive that is subsequently located in any subdivision phase outside of the right-of-way for Dartmoor Drive depicted on said plat of subdivision shall be vacated. Owners shall be permitted to install sanitary sewer mains and water mains in the parkway area of the Dartmoor Drive right-of-way. Owners shall be solely responsible for the maintenance of said temporary road until such time that it has been constructed in accordance with the standards and specifications contained in the Subdivision Control Ordinance of the.City of McHenry and has been accepted by the Corporate Authorities thereof. In order to guarantee construction of said bridge or culvert, Owner shall furnish to the City irrevocable letters, of credit within thirty (30) days after the Army Corps of Engineers and the State of Illinois have issued the necessary construction permits in a form approved by the City Attorney of City, or by such other legal consultants as the City shall designate, issued by a sound and reputable banking or financial institution authorized to do business in the State of Illinois in an amount equal to one hundred twenty-five percent (125%) of the estimated cost of said bridge or culvert. 19. City agrees that Owner shall have the right to construct model units on the subject property in accordance with city ordinances. No residential occupancy permit will be issued for such models until the premises on which they are located are 19 92-46-0479 92R 009017 subdivided into individual lots and are serviced by municipal sanitary sewer and water facilities. Said models may contain a sales office provided that the sales office is serviced by a McHenry County Health Department approved sanitary sewage holding tank. 20. Prior to approval of a final plat of the commercial,' office or multi -family development of Tract A on Exhibit °F-111, Owners agree to provide the City with architectural and landscape plans and drawings of the development, which shall be subject: to the approval of the City Council. The commercial, office and multi -family buildings to be constructed in Tract A on Exhibit °F-111 shall have a single-family residential appearance. No flat roofs shall be permitted on any office or commercial building. 21. The City shall examine or cause to be examined all applications for building permits within a reasonable amount: of time after such applications are filed. If the application or plans are rejected because they do not conform to the requirements of all pertinent laws and ordinances, the City shall state the reasons therefor in writing. If the proposed work complies with the requirements of all pertinent laws and ordinances, the building permit shall be issued as soon thereafter as practicable. 22. The City agrees to issue Certificates of Occupancy as soon as practicable after application for such occupancy permit has been made, provided that the work has been completed in accordance with the provisions of the applicable building permit. The City ., W 92-46-0480 92R 0319017 shall state in writing its reasons for denying any Certificate of Occupancy. 23. Owners shall install a landscape berm along the west boundary of Parcel VII-B of Tract A as depicted on Exhibit 'IF-1" on or before the issuance of any occupancy permit in Parcel VII-B. Plans and specifications for the landscape berm shall be subject: to the prior approval of the City Council. 24. That it is understood and agreed by the parties hereto that time is of the essence of this Amended Agreement, and that all of the parties will make every reasonable effort, including the calling of special meetings, to expedite the subject matter hereof; it is further understood and agreed by the parties that the successful consummation of this Amended Agreement requires their continued cooperation. 25. No change or modification of any ordinance, code or regulation shall be applied to the subject property during the germ of this Amended Agreement so as to affect the zoning classification of the subject property and the uses permitted thereunder by the zoning ordinance of the City of McHenry in effect as of the date of this Amended Agreement. Except as modified by the terms ,and provisions of this Amended Agreement, the Owners shall comply in all respects with the conditions and requirements of all ordinances of the City applicable against similar property within the City as they may exist from time to time including, but not limited to, those requiring the issuance of permits or the payment of fees for 21 92-46-0481 92R 039017 development of the subject property subsequent to this Amended Annexation to the City. 26. The parties agree that this Amended Agreement and any exhibits attached hereto may be amended only by the mutual consent of the parties, by the adoption of an ordinance or resolution of the City approving said amendment, as provided by law, and the execution of said amendment by the parties or their successors in interest. 27. If any provision, covenant, agreement or portion of this Amended Agreement or its application to any person, entity or property is held invalid, such invalidity shall not affect the application or validity of any other provisions, covenants or portions of this Amended Agreement and to that end any provision, covenants, agreements or portions of this Amended Agreement are declared to be severable. 28. This Amended Agreement shall be binding upon the parties hereto, and their respective successors or assigns, as to parcels described in Exhibits "A", "B" and "C" for a full term of twenty ( 20 ) 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 Amended Agreement are challenged in any court proceeding, the period of time during which such litigation is pending shall not be included in calculating said twenty (20) year term. In the event any such litigation is instituted by a third party, Owners shall pay the City's costs and expenses with respect thereto. 22 92-46-0482 92R 039017 29. This Amended Agreement shall be binding upon the parties hereto, and their respective successors or assigns, as to the parcels described in Exhibit I'D", for a full term of twenty (20) years, commencing July 16, 1979, and terminating on July 31, 2006(said termination date having been adjusted pursuant to the tolling provisions of the initial Annexation Agreement for a period, of 7 years and 14 days by litigation entitled The Northern Trust Bank, as Trustee under Trust No. 2-41693, et al. v. City of McHenry, et al., which commenced on August 29, 1979, and ended on September 12, 1986); it is agreed that in -the event the annexation of the subject property or the terms of this Amended Agreement are challenged in any court proceeding, the period of time during which such litigation is pending shall not be included in calculating said twenty (20) year term. In the event any such litigation is instituted by a third party, Owners shall pay the City's costs and expenses with respect thereto. 30. The parties hereto agree that those portions of -the subject property not under development from time to time may be used for agricultural purposes, excluding animal husbandry except for the raising of beef cattle, and such agricultural use shall survive the termination of this Amended Agreement. It is further agreed that any such agricultural use shall be recognized as a legal non -conforming use in accordance with the Zoning ordinance of the City of McHenry. 31. The parties agree that direct access from all residential premises fronting on Dartmoor Road west of Boone Creek to Curran . ,. , 23 92-46-0483 92R 039017 Road and from said Dartmoor Road to said premises shall be prohibited and that notice of such prohibition shall be affixed to all final plats of subdivision of said premises. 32. The Owners shall pay to the City an annexation fee in the amount of $500.00 per acre for each acre of the premises described on Exhibits "A" , "Bit and II C II ; said sum being payable contemporaneously with the execution of this Agreement, and in, addition thereto, the Owner agrees to furnish all materials, perform all the work and to do everything required to provide an established grass lawn (consisting of an athletic grass seed mixture of 50% Kentucky Blue Grass, 40% Perennial Rye Grass and 10% Annual Rye Grass spread two pounds per 1,000 square feet) on the City -owned parcels VII, VIII, IX, X, XI, XII, XIII, XIV, XV, XXV and XXVI depicted on Exhibit F-2 within forty (40) months after execution of this Agreement. 33. This Amended Agreement is binding upon the heirs, successors and assigns of each party. 34. Cash contributions for park, library, fire protection, school and other purposes, generated pursuant to the Developer Donation Ordinance of the City of McHenry, may be expended without restriction for land acquisition for the cost of constructing buildings, building additions, building site improvements and appurtenances and for any capital or operating expense. 35. The owners agree to pay $10,200.00, being fifteen percent (15%) of the estimated cost of the construction of a stoplight, at the intersection of Dartmoor Drive and Crystal Lake Road. The 24 92-46--0484 92R 039017 Owners will deposit said amount in an interest bearing account for the benefit of the City within one (1) year after the execution of this Agreement. If the County of McHenry or the City of McHenry installs a traffic light at said intersection within ten (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 stoplight, 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 install a traffic light within ten (10) years of the date of this Agreement, then the deposit, together with all interest earned thereon, shall be paid to the Owners. 36. The Owners shall construct an 8-foot wide asphalt No. 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 constructed at the time that Dartmoor Drive is constructed. 37. It is agreed that when the Owners vacate the residential building at 309 South Crystal Lake Road,McHenry, Illinois, which they currently occupy, Owners shall maintain said residential building for a reasonable period of time so as to allow the Landmark Commission and/or the Illinois Historical Society an opportunity to inspect and examine said residence to determine 25 92-46-0485 92R 039017 whether or not such residence warrants preservation. In the event said Commission or Society determines that such residence should be preserved, said Commission or Society shall be given a reasonable period of time to remove said residence from its existing location at the sole expense of the Commission or Society. 38. 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 19th Judicial Circuit, McHenry County, Illinois, and no action may be brought by the parties hereto, their successors or assigns, in any federal court. 92-46-0486 92R 039017 IN WITNESS WHEREOF, the Corporate Authorities and Owners have hereunto set their hands and seals and have caused this instrument to be executed by their duly authorized officials and the corporate seal attached hereto, all on the day and year first above written. CITY OF McHENRY, an Illinois municipal corporation, By: 1ATTEST: CITY CLERK 1I \ McHENRY STATE BANK, as Trustee under Trust No. 12303, . BY' Zhe-�a ;rj ATTEST: JOANNE C. BACKHAUS McHENRY STATE BANK, as Trustee under Trust No. 12302, By: 4& ATTEST: AVID L. BACKHAUS KATHERINE M. BACKHAUS McHENRY STATE BANK, as Trustee under Trust No. 4991, By: 4br ATTEST: 15023 WIM1.0 IRENE BRACKMANN 27 92-46-0487 .71 W _O N cu s Y V cu m 92R 039017 W O N N O 1 Q e o w �oii � Y d N b a F h O i C m s ;; W W ++ yy wCFA O WUa m `- 7 o m u G Ou r O 1 C N O J O F O 9 0 8 d E • E 8 0 a C ly W FS fYY IaJ etl0 Z •�', C► E t 4 li f LL p O LL e v o � E 1 1 6 Q I ` r a I , 1 I I I I O I a I o � 1 a o 1 � I � r •r � I a tea•'•. i o yCL •.y. ` TLU- cc E cuU ML W N •C i. � •T CL 00 cu L ma ■ cl) a x l P aLL • us � v0 00` o U U q G t m V O t w W c W _ O to N y O N ■ . Ef 92R 039017 The North Half of the South 720 feet, as measured at right angles, of the West 907.5 feet of the West Half of the Southwest Quarter of Section 33, Township 45 North, Range S East of the Third Principal Meridian, in McHenry County, Illinois. EXHIBIT "A" 92-46-0488 9Z�o3 7o/7 The South Half of the South 720 feet, as measured at right angles, bf the West 907.5 feet of the West Half of the Southwest Quarter of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, in McHenry County, Illinois. EXHIBIT "B" 92-46-0489 92R 039017 TRACT A PARCEL I That part of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point in the center line of Crystal Lake Road, said point being 1098 feet Southwesterly as measured along the center line of Crystal Lake Road, of the intersection of said center lane and the North line of Section 3, Township 44 North, Range 8 East of the Third Principal Meridian; thence South 89 degrees 28 minutes 54 seconds West (bearing assumed), a distance of 725.00 feet; thence South 00 degrees 27 minutes 58 seconds East, a distance of 155.91 feet; thence Southeasterly along a curve to the right having a radius of 600.00 feet ( chord bearing is South 71 degrees 55 minutes 21 seconds East), an arc distance of 323.53 feet; thence South 56 degrees 28 minutes 31 seconds West, a distance of 205.51 feet to the center line of said Crystal Lake Road; thence North 33 degrees 31 minutes 27 seconds East, along said. center line a distance of 450.00 feet to the point of beginning, in McHenry County, Illinois. PARCEL II That part of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a point in the center line of Crystal Lake Road, said point being .1098 feet Southwesterly as measured along the center line of Crystal Lake Road, of the intersection of said center line and the North line of Section 3, Township 44 North, Range 8 East: of the Third Principal Meridian; thence South 89 degrees 28 minutes 54 seconds West (bearing assumed), a distance of 725.00 feet; thence South 00 degrees 27 minutes 58 seconds East, a distance of 155.91 feet for a point of beginning; thence continuing South 00 degrees 27 minutes 58 seconds East, a distance of 174.13 feet; thence South 73 degrees 29 minutes 49 seconds East, a distance of 220.38 feet; thence South 56 degrees 28 minutes 31 seconds East, a distance of 205.51 feet to a point in the center line of said Crystal Lake Road; thence North 33 degrees 31 minutes 27 seconds East, along said center line, a distance of 165.00 feet; thence North. 56 degrees 28 minutes 31 seconds West, a distance of 205.51 feet; thence Northwesterly along a curve to the left having a radius of 600.00 feet (chord bearing is North 71 degrees 55 minutes 21 seconds East), an arc distance of 323.53 feet; to the point. of beginning, in McHenry County, Illinois. PARCEL VI That part of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a point in the center of Crystal Lake Road, said point being 1098 feet Southwesterly as measured along the center line of Crystal'Lake Road, of the intersection of said center :Line EXHIBIT "C" 92-46-0490 92P 039017 and the North line of Section 3, Township 44 North, Range 8 East of the Third Principal Meridian; thence South 89 degrees 28 minutes 54 seconds West (bearing assumed), a distance of 725.00 feet; thence South 00 degrees 27 minutes 58 seconds East, a distance of 330.04 feet for a point of beginning; thence continuing South 00 degrees 27 minutes 58 seconds East, a distance of 453.64 feet; thence South 56 degrees 28 minutes 33 seconds East (perpendicular to the center line of said Crystal Lake Road), a distance of 162.63 feet to the center line of said Crystal Lake Road; thence North 33 degrees 31 minutes 27 seconds East, along said center line, a distance of 440.64 feet; thence North 56 degrees 28 minutes 33 seconds West,, perpendicular to the center line of said Crystal Lake Road, a distance of 205.51 feet; thence North 73 degrees 29 minutes 49 seconds West, a distance of 220.38 feet, to the point of beginning, in McHenry County, Illinois. 92-46-0491 92R 039017 TRACT A PARCEL III That part of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a point in the center line of Crystal Lake Road, said point being 1098 feet Southwesterly as measured along the center line of Crystal Lake Road, of the intersection of said center line and the North line of Section 3, Township 44 North, Range 8 East of the Third Principal Meridian; thence South 89 degrees 28 minutes 54 seconds West (bearing assumed), a distance of 725.00 feet; thence continuing South 89 degrees 28 minutes 54 seconds West, a distance of 437.46 feet; thence South 49 degrees 53 minutes 07 seconds West, a distance of 407.79 feet; thence South 00 degrees 39 minutes 37 seconds East, a distance of 110.36 feet to the most Southeasterly corner of Lot 16 in First Addition to Winding Creek, Unit No. Two; thence North 88 degrees 56 minutes 18 seconds East, a distance of 120.00 feet; thence South 32 degrees 46 minutes 38 seconds East, a distance of 188.08 feet for a point of 'beginning; thence South 00 degrees 40 minutes 45 seconds East,, a distance of 376.78 feet; thence North 88 degrees 57 minutes 14 seconds East, a distance of 399.67 feet; thence South 56 degrees 28 minutes 33 seconds East, perpendicular to the center line of said Crystal Lake Road, a distance of 204.19 feet to a point in the center line of Crystal Lake Road, said point being 2323.63 feet Southwesterly of -the intersection of said center line and the North line of said Section 3, as measured along said center line; thence North 33 degrees 31 minutes 27 seconds East, along said center line, a distance of 170.00 feet; thence North 56 degrees 28 minutes 33 seconds West, perpendicular to said center line, 162.63 feet, to a point; thence North 00 degrees 27 minutes 58 seconds West, a distance of 453.68 feet; thence South 89 degrees 28 minutes 54 seconds West, a distance of 303.21 feet; thence South 49 degrees 53 minutes 07 seconds West, a distance of 295.25 feet to the point of beginning, in McHenry County, Illinois. PARCEL IV -A That part of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a point in the center line of Crystal Lake Road, said point being 1098 feet Southwesterly as measured along the center line of Crystal Lake Road, of the intersection of said center line and the North line of Section 3, Township 44 North, Range 8 East. of the Third Principal Meridian; thence South 89 degrees 28 minutes 54 seconds West (bearing assumed), a distance of 725.00 feet for a point of beginning; thence continuing South 89 degrees 28 minutes 54 seconds West, a distance of 437.46 feet; thence South 49 degrees 53 minutes 07 seconds West, a distance of 407.79 feet; thence South 00 degrees 39 minutes 37 seconds East, a distance of 110.36 feet: to the most Southeasterly corner of Lot 16 in First Addition to EXHIBIT "D" 92-46-0492 92R 039017 Winding Creek, Unit No. Two; thence North 88 degrees 56 minutes 18 seconds East, a distance of 110.77 feet; thence North 49 degrees 53 minutes 07 seconds East, a distance of 192.11 feet; thence Northeasterly along a curve to the right having a radius of 400.00 feet (chord bearing is North 69 degrees 41 minutes 00 seconds East), an arc distance of 276.44 feet; thence North 89 degrees 28 minutes 54 seconds East, a distance of 204.57 feet; thence Southeasterly along a curve to the right having a radius of 600.00 feet (chord bearing is South 88 degrees 56 minutes 39 seconds East), an arc distance of 32.91 feet; thence North 00 degrees 27 minutes 58 seconds West, a distance of 155.91 feet to the point. of beginning, in McHenry County, Illinois. PARCEL IV-B That part of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a point in the center line of Crystal Lake Road, said point being 1098 feet Southwesterly as measured along the center line of Crystal Lake Road, of the intersection of said center line and the North line of Section 3, Township 44 North, Range 8 East of the Third Principal Meridian; thence South 89 degrees 28 minutes 54 seconds West (bearing assumed), a distance of 725.00 feet to a point; thence continuing South 89 degrees 28 minutes 54 seconds West, a distance of 437.46 feet; thence South 49 degrees 53 minutes 07 seconds West, a distance of 407.79 feet; thence South 00 degrees 39 minutes 37 seconds East, a distance of 110.36 feet to the most Southeasterly corner of Lot 16 in First Addition to Winding Creek, Unit No. Two; thence North 88 degrees 56 minutes 18 seconds East, a distance of 110.77 feet to the point of beginning; thence North 49 degrees 53 minutes 07 seconds East, a distance of 192.11 feet; thence Northeasterly along a curve to the right, having a radius of 400.00 feet (chord bearing is North 69 degrees 41 minutes, 00 seconds East), an arc distance of 276.44 feet; thence North 89 degrees 28 minutes 54 second East, a distance of 204.57 feet; thence Southeasterly along a curve to the right having a radius of 600.00 feet (chord bearing is South 88 degrees 56 minutes 39 seconds East), an arc distance of 32.91 feet; thence South 00 degrees 27 minutes 58 seconds East, a distance of 174.13 feet; thence North 73 degrees 29 minutes 49 seconds West, a distance of 34.30 feet; thence South 89 degrees 28 minutes 54 seconds West, a distance of 204.57 feet; thence South 72 degrees 35 minutes 17 seconds West, a distance of 68.82 feet; thence South 67 degrees 28 minutes 32 seconds West, a distance of 90.52 feet; South 49 degrees 53 minutes 07 seconds West, a distance of 205.44 feet; thence North 32 degrees 46 minutes 38 seconds West, a distance of 160.50 feet; thence South 88 degrees 56 minutes 18 seconds West, a distance of 9.23 feet to the point of beginning, in McHenry County, Illinois. 92-46-0493 192R 039017 PARCEL IV-C That part of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a point in the center line of Crystal Lake Road, said point being 1098 feet Southwesterly as measured along the center line of Crystal Lake Road, of the intersection of said center line and the North line of Section 3, Township 44 North, Range 8 East of the Third Principal Meridian; thence South 89 degrees 28 minutes 54 seconds West (bearing assumed), a distance of 725.00 feet to a point; thence continuing South 89 degrees 28 minutes 54 seconds West, a distance of 437.46 feet; thence South 49 degrees 53 minutes 07 seconds West, a distance of 407.79 feet; thence South 00 degrees 39 minutes 37 seconds East, a distance of 110.36 feet to the most Southeasterly corner of Lot 16 in First Addition to Winding Creek, Unit No. Two; thence North 88 degrees 56 minutes 18 seconds East, a distance of 120.00 feet; thence South 32 degrees 46 minutes 38 seconds East, a distance of 188.08 feet; thence North 49 degrees 53 minutes 07 seconds East, a distance of 295.25 feet for a point. of beginning; thence North 89 degrees 28 minutes 54 seconds East, a distance of 303.21 feet; thence North 00 degrees 27 minutes 58 seconds West, a distance of 9.96 feet; thence North 73 degrees; 29 minutes 45 seconds West, a distance of 34.30 feet; thence South 89 degrees 28 minutes 54 seconds West, a distance of 204.57 feet; thence South 72 degrees 35 minutes 17 seconds West, a distance: of 68.82 feet, to the point of beginning, in McHenry County, Illinois. PARCEL IV-D That part of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a point in the center line of Crystal Lake Road, said point being 1098 feet Southwesterly as measured -along the center line of Crystal Lake Road, of the intersection of said center line and the North line of Section 3, Township 44 North, Range 8 East of the Third Principal Meridian; thence South 89 degrees 28 minutes 54 seconds West (bearing assumed), a distance of 725.00 feet to a point; thence continuing South 89 degrees 28 minutes 54 seconds West, a distance of 437.46 feet; thence South 49 degrees 53 minutes 07 seconds West, a distance of 407.79 feet; thence South 00 degrees 39 minutes 37 seconds East, a distance of 110.36 feet to the most Southeasterly corner of Lot 16 in First Addition to Winding Creek, Unit No. Two; thence North 88 degrees 56 minutes 18 seconds East, a distance of 120.00 feet; thence South 32 degrees 46 minutes 38 seconds East, a distance of 160.50 feet to the point of beginning; thence continuing South 32 degrees 46 minutes 38 seconds East, a distance of 27.58 feet; thence North 49 degrees 53 minutes 07 seconds East, a distance of 295.25 feet; thence South 67 degrees 28 minutes 32 seconds West, a distance of 90.52 feet; thence South 49 degrees 53 minutes 07 seconds West, a distance of 205.44 feet to the point of beginning, in McHenry County, Illinois. 92-46-0494 92R 039017 PARCEL V-A That part of the East Half of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at the most Southeasterly corner of Lot 16 in First Addition to Winding Creek Unit No. Two; thence North 88 degrees 56 minutes 18 seconds East (bearing assumed), a distance of 110.77 feet; thence South 49 degrees 53 minutes 07 seconds West, a distance of 13.38 feet; thence Southwesterly along a curve to the left having a radius of 300.00 feet (chord bearing is South 24 degrees 36 minutes 11 seconds West), an arc distance of• 264.75 feet; thence South 00 degrees 40 minutes 45 seconds East,, a distance of 45.71 feet; thence Southeasterly along a curve to the left having a radius of 250.00 feet (chord bearing is South 43 degrees 15 minutes 49 seconds East), an arc distance of 371,.62 feet; thence South 00 degrees 40 minutes 45 seconds East, a distance of 29.25 feet; thence South 42 degrees 17 minutes 05 seconds West, a distance of 203.07 feet; thence South 88 degrees 57 minutes 14 seconds West, a distance of 245.55 feet; thence North 00 degrees 40 minutes 45 seconds West, a distance of 711.06 feet; thence North 88 degrees 56 minutes 18 seconds East, a distance of 164.01 feet, to the point of beginning, in McHenry County, Illinois. PARCEL V-B That part of the East Half of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the most Southeasterly -corner of Lot 16 in First Addition to Winding Creek Unit No. Two; thence North 88 degrees 56 minutes 18 seconds East (bearing assumed), a distance of 110.77 feet for the point of beginning; thence South 49 degrees 53 minutes 07 seconds West, a distance of 13.38 feet; thence Southwesterly along a curve to the left having a radius of 300.00 feet (chord bearing is South 24 degrees 36 minutes 11 seconds West), an arc distance of 264.75 feet; thence South 00 degrees 40 minutes 45 seconds East, a distance of 45.71 feet; thence Southeasterly along a curve to the left having a radius; of 250.00 feet (chord bearing is South 23 degrees 56 minutes 10 seconds East), an arc distance of 202.95 feet; thence North 42 degrees 48 minutes 25 seconds East, a distance of 141.02 feet; thence North 00 degrees 40 minutes 45 seconds West, a distance of 196.77 feet; thence North 49 degrees 53 minutes 07 seconds East, a distance of 50.87 feet; thence North 32 degrees 46 minutes 38 seconds West, a distance of 160.50 feet; thence South 88 degrees 56 minutes 18 seconds West, a distance of 9.23 feet, to the point of beginning, in McHenry County, Illinois. PARCEL V-C That part of the East Half of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the most Southeasterly corner of Lot 16 in First Addition to Winding Creek Unit No. Two; thence 92-46-0495 92R 039017 North 88 degrees 56 minutes 18 seconds East (bearing assumed), a distance of 120.00 feet; thence South 32 degrees 46 minutes 38 seconds East, a distance of 160.50 feet for the point of beginning; thence South 49 degrees 53 minutes 07 seconds West, a distance of 50.87 feet; thence South 00 degrees 40 minutes 45 seconds East, a distance of 196.77 feet; thence South 42 degrees 48 minutes 25 seconds West, a distance of 141.02 feet; thence Southeasterly along a curve to the left having a radius of 250.00 feet (chord bearing is South 66 degrees 31 minutes 13 seconds East), an arc distance of 168.66 feet; thence North 00 degrees 40 minutes 45 seconds West, a distance of 375.75 feet; thence North 32 degrees 46 minutes 38' seconds West, a distance of 27.58 feet, to the point of beginning, in McHenry County, Illinois. PARCEL VII-A That part of the East Half of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the -Third Principal Meridian, described as follows: Commencing at the most Southeasterly corner of Lot 16 in First Addition to Winding Creek Unit Two; thence North 88 degrees 56 minutes 18 seconds East (bearing assumed), a distance of 120.00 feet; thence South 32 degrees 46 minutes 38 seconds East, a distance of 188.08 feet; thence South 00 degrees 40 minutes 45 seconds East, a distance of 405.00 feet; thence South 42 degrees 17 minutes 05 seconds West, a distance of 203.07 feet for a point of beginning; thence continuing South 42 degrees 17 minutes 05 seconds West, a distance of 17.02 feet; thence South 88 degrees 57 minutes 14 seconds West, a distance of 220.00 feet; thence South 00 degrees 40 minutes 45 seconds East, a distance of 171.16 feet; thence South 89 degrees 18 minutes 54 seconds West, a distance of 324.94 feet to the Easterly line of said Winding Creek Unit 4, thence North 00 degrees 40 minutes 20 seconds West, along the Easterly line of said Winding Creek Unit 4, a distance of 185.00 feet to a Southerly line of said Winding Creek Unit 4; thence North 89 degrees 18 minutes 54 seconds East, along a Southerly line of said Winding Creek Unit 4 and said line extended Easterly, a distance of 556.52 feet to the point of beginning, in McHenry County, Illinois. PARCEL VII-B That part of the East Half of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the most Southeasterly corner of Lot 16 in First Addition to Winding Creek Unit Two; thence North 88 degrees 56 minutes 18 seconds East (bearing assumed), a distance of 120.00 feet; thence South 32 degrees 46 minutes 38 seconds East, a distance of 188.08 feet; thence South 00 degrees 40 minutes 45 seconds East, a distance of 405.00 feet; thence South 42 degrees 17 minutes 05 seconds West, a distance of 203.07 feet; thence continuing South 42 degrees 17 minutes 05 seconds West, a distance of 17.02 feet; thence South 88 degrees 57 minutes 14 seconds West, a distance of"220.00 feet; thence South 00 degrees 40 minutes 45 seconds East, a distance of 171.16 feet for a point of beginning; thence continuing South 00 degrees 40 minutes 45 seconds East, a 92-46-0496 92R 039017 distance of 163.84 feet; thence South 11 degrees 25 minutes 49 seconds West, a distance of 277.04 feet to the South line of said Northeast Quarter; thence North 88 degrees 57 minutes 15 seconds East, along said South line, a distance of 59.36 feet; thence North 11 degrees 25 minutes 45 seconds East, a distance of 276.65 feet; thence North 00 degrees 40 minutes 45 seconds West, a distance of 163.85 feet; thence South 89 degrees 18 minutes 54 seconds West, a distance of 59.28 feet, to the point of beginning, in McHenry County, Illinois. PARCEL VIII-A That part of the East Half of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point in the center line of Crystal Lake Road, said point being 2323.63 feet Southwesterly of the intersection of said center line and the North line of Section 3, in said Township 44 North, Range 8, as measured along said center line; thence North 56 degrees 28 minutes 33 seconds West; (bearing assumed), perpendicular to said center line, 204.19 feet; thence South 88 degrees 57 minutes 14 seconds West,- a distance of 399.67 feet; thence South 00 degrees 40 minutes 45 degrees East, a distance: of 176.81 feet; thence South 89 degrees 18 minutes 54 seconds West, a distance of 90.57 feet; thence South 42 degrees 17 minutes 05 seconds West, a distance of 252.83 feet; thence South 89 degrees 18 minutes 54 seconds West, a distance of 47.83 feet; thence South 00 degrees 40 minutes 45 seconds East, a distance of 163.85 feet; thence South 11 degrees 25 minutes 49 seconds West, a distance of 276.65 feet, to the Southerly line of the Northeast Quarter of said Section 4; thence South 88 degrees 57 minutes 15 seconds West, along said Southerly line, a distance of 11.49 feet; thence South 72 degrees 27 minutes 14 seconds East, a distance of 300.29 feet; thence North 71 degrees 50 minutes 06 seconds East, a distance of 56.84 feet; thence North 36 degrees 07 minutes 51 seconds East, a distance of 99.16 feet to said Southerly line; thence North 88 degrees 57 minutes 09 seconds East, along said Southerly line, a distance of 74.94 feet to the center line of said Crystal Lake Road; thence Northeasterly along said center line, being a curve to the left having a radius of 14,323.60 feet, for an arc distance of 571.10 feet; thence North 33 degrees 31 minutes 27 seconds East, along said center line, a distance of 259.25 feet, to the point of beginning, in McHenry County, Illinois. PARCEL VIII-B That part of the East Half of the Northeast Quarter of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the most Southeasterly corner of Lot 16 in First Addition to Winding Creek Unit Two; thence North 88 degrees 56 minutes 18 seconds East (bearing assumed), a distance of 120.00 feet; thence South 32 degrees 46 minutes 38 seconds East, a distance of'188.08 feet; thence South 00 degrees 40 minutes 45 seconds East, a distance of 405.00 feet; thence South 42 degrees 17 minutes 05 seconds West, a distance of 203.07 feet for a point of 92-46--0497 92R 039017 beginning; thence continuing South 42 degrees 17 minutes 05 seconds West, a distance of 17.02 feet; thence South 88 degrees 57 minutes 14 seconds West, a distance of 220.00 feet; thence South 00 degrees 40 minutes 45 seconds East, a distance of 171.16 feet; thence North 89 degrees 18 minutes 54 seconds East, a distance of 107.11 feet; thence North 42 degrees 17 minutes 05 seconds East, a distance of 252.83 feet; thence South 89 degrees 18 minutes 54 seconds West, a distance of 47.83 feet to the point of beginning, in McHenry County, Illinois. PARCEL VIII-C That part of the East Half of the Northeast Quarter of Section. 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the most Southeasterly corner of Lot 16 in First Addition to Winding Creek Unit Two; thence North 88 degrees 56 minutes 18 seconds East (bearing assumed), a distance of 120.00 feet; thence South 32 degrees 46 minutes 38 seconds East, a distance of 188.08 feet; thence South'00 degrees 40 minutes 45 seconds East, a distance of 405.00 feet'; thence South 42 degrees 17 minutes 05 seconds West, a distance of 203.07 feet; thence continuing South 42 degrees 17 minutes 05 seconds West, a distance of 17.02 feet; thence South 88 degrees 57 minutes 14 seconds West, a distance of 220.00 feet; thence South 00 degrees 40 minutes 45 seconds East, a distance of 171.16 feet for a point of beginning; thence continuing South 00 degrees 40 minutes 45 seconds East:, a distance of 163.84 feet; thence South 11 degrees 25 minutes, 49 seconds West, a distance of 277.04 feet to the South line of said Northeast Quarter; thence North 88 degrees 57 minutes 15 seconds East, a distance of 59.36 feet; thence North 11 degrees 25 minutes 49 seconds East, a distance of 276.65 feet; thence North 00 degrees 40 minutes 45 seconds West, a distance of 163.85 feet; thence South 89 degrees 18 minutes 54 seconds West, a distance of 59.28 feet, to the point of beginning, in McHenry County, Illinois. PARCEL IX That part of the East Half of Section 4, Township 44 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a point in the center line of Crystal Lake Road, said point being 2323.63 feet Southwesterly of the intersection of ;said center line and the North line of Section 3, in said Township 44 North, Range 8, as measured along said center line; thence North 56 degrees 28 minutes 33 seconds West (bearing assumed), perpendicular to said center line, 204.19 feet; thence South 88 degrees 57 minutes 14 seconds West, a distance of 399.67 feet; thence South 00 degrees 40 minutes 45 seconds East, a distance of 28.22 feet for the point of beginning; thence continuing South 00 degrees 40 minutes 45 seconds East, a distance of 148.59 feet; thence South 89 degrees 18 minutes 54 seconds West, a distance of 138.40 feet; thence North 42 degrees 17 minutes 05 seconds East, a distance of 203.07 feet to -the point of beginning, in McHenry County, Illinois. 92-46-0498 92R 039017 TRACT B PARCEL I That part of the West Half of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of said Section 33; thence North 00 degrees 19 minutes 02 seconds East (bearing assumed), along the Westerly line of said Section 33, a distance of 1200.11 feet for the point of beginning; thence continuing North 00 degrees 19 minutes 02 seconds East, a distance of 1085.94 feet; thence North 89 degrees 20 minutes 52 seconds East, a distance of 730.00 feet; thence South 00 degrees 39 minutes 08 seconds East, a distance of 450.00 feet; thence North 79 degrees 20 minutes 52 seconds East, a distance of 39.02 feet; thence South 01 degree 01 minute 02 seconds West, a distance of 216.35 feet; thence North 89 degrees 18 minutes 11 seconds East, a distance of 120.00 feet; thence North 00 degrees 22 minutes 31 seconds East, a distance of 120.00 feet; thence North 89 degrees 18 minutes 11 seconds East, a distance of 329.98 feet; thence North 00 degrees 22 minutes 31 seconds East, a distance of 253.13 feet; thence North 45 degrees 04 minutes 07 seconds West, a distance of 73.68 feet; thence North 45 degrees 20 minutes 52 seconds East, a distance of 49.56 feet; thence South 44 degrees 39 minutes 08 seconds East, a distance of 135.00 feet; thence North 45 degrees 20 minutes 52 seconds East, a distance of 120.00 feet; thence North 11 degrees 23 minutes 21 seconds West, a distance of 170.00 feet; thence South 39 degrees 55 minutes 16 seconds West, a distance of 100.00 feet; thence North 44 degrees 50 minutes 35 seconds West, a distance of 100.00 feet; thence North 00 degrees 09 minutes 25 seconds East, a distance of 198.50 feet; thence South 59 degrees 06 minutes 17 seconds East, a distance of 146.23 feet; thence South 25 degrees 24 minutes 53 seconds East, a distance of 148.66 feet; thence North 44 degrees 55 minutes 53 seconds East, a distance of 444.08 feet; thence North 00 degrees 22 minutes 31 seconds East, a distance of 43.82 feet; thence North 28 degrees 39 minutes 19 seconds West, a distance of 56.64 feet; thence South 89 degrees 25 minutes 18 seconds West, a distance of 130.00 feet; thence North 62 degrees 31 minutes 16 seconds West, a distance of 148.83 feet; thence North 00 degrees 21 minutes 53 seconds West, a distance of 253.20 feet, to the South line of the North 494.39 feet of the Southeast Quarter of the Northwest Quarter of said Section 33; thence North 89 degrees 16 minutes 31 seconds East, a distance of 950.78 feet to the West line of the East 267.28 feet of the Southeast Quarter of the Northwest Quarter of said Section 33; thence South 00 degrees 00 minutes 42 seconds East, a distance of 1665.52 feet; thence Southwesterly along a curve to the left, having a radius of 280.71 feet (chord bearing South 53 degrees 36 minutes 32 seconds West), for an arc distance of 121.10 feet; thence South 41 degrees 15 minutes 02 seconds West, a distance of 68.03 feet; thence Southwesterly along a curve to the left, having a radius of 1151.50 feet ( chord bearing South 71 degrees 24 minutes 19 seconds West), for an arc distance of 637.93 feet; thence South 55 degrees 32 minutes 04 seconds West, a distance of 173.36 feet; thence Southwesterly along a curve to the right, having a radius of 92-46-0499 92R 039017 1152.46 feet (chord bearing South 72 degrees 25 minutes 40 seconds Test), for an arc distance of 679.60 feet; thence South 89 degrees 19 minutes 17 seconds West, a distance of 870.00 feet, to the point of beginning, in McHenry County, Illinois. (Containing 84.95 acres of land) PARCEL II That part of the West Half of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of said Section 33; thence North 00 degrees 19 minutes 02 seconds East (bearing assumed), along the Westerly line of said Section 33, a distance of 720.11 feet to a point; thence continuing North 00 degrees 19 minutes 02 seconds East, a distance of 2085.94 feet; thence North 89 degrees 20 minutes 52 seconds East, a distance of 730.00 feet for a point: of beginning; thence North 89 degrees 20 minutes 52 seconds East., a distance of 80.67 feet; thence South 15 degrees 51 minutes 27 seconds West, a distance of 114.44 feet; thence South 01 degrees 01 minutes 02 seconds West, a distance of 333.65 feet thence South 79 degrees 20 minutes 52 seconds West, a distance of 39.02 feet; thence North 00 degrees 39 minutes 08 seconds West, a distance of 450.00 feet, to the point of beginning, in McHenry County, Illinois. (Containing 0.50 acres of land) PARCEL III That part of the West Half of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of said Section 33; thence North 00 degrees 19 minutes 02 seconds East (bearing assumed), along the Westerly line of said Section 33, a distance of 720.11 feet to a point; thence continuing North 00 degrees 19 minutes 02 seconds East, a distance of 2085.94 feet; thence North 89 degrees 20 minutes 52 seconds East, a distance of 810.67 feet for a point of beginning; thence North 89 degrees 20 minutes 52 seconds East, a distance of 365.83 feet; thence South 45 degrees 04 minutes 07 seconds East, a distance of 15.81 feet; thence South 27 degrees 22 minutes 29 seconds West, a distance of 30.16 feet; thence North 80 degrees 10 minutes 55 seconds West, a distance of 120.00 feet; thence South 06 degrees 33 minutes 24 seconds West, a distance of 92.12 feet; thence South 45 degrees 04 minutes 07 seconds East, a distance of 176.32 feet; thence South 45 degrees 20 minutes 52 seconds West, a distance of 150.44 feet; thence South 65 degrees 20 minutes 52 seconds West, a distance of 220.00 feet; thence South 79 degrees 20 minutes 52 seconds West, a distance of 90.98 feet; thence North 01 degrees 01 minutes 02 seconds East, a distance of 333.65 feet; thence North 15 degrees 51 minutes 27 seconds East, a distance of 114.44 feet to the point of beginning, in McHenry County, Illinois. (Containing 2.88 acres of land) 92-46--0500 92R 039017 PARCEL IV That part of the West Half of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of said Section 33; thence North 00 degrees 19 minutes 02 seconds East (bearing assumed), along the Westerly line of said Section 33, a distance of 720.11 feet to a point; thence continuing North 00 degrees 19 minutes 02 seconds East, a distance of 2085.94 feet; thence North 89 degrees 20 minutes 52 seconds East, a distance of 730.00 feet; thence South.00 degrees 39 minutes 08 seconds East, a distance of 450.00 feet; thence North 79 degrees 20 minutes 52 seconds East, a distance of 39.02 feet for a point of beginning; thence North 79 degrees 20 minutes 52 seconds East, a distance of 90.98 feet; thence North 65 degrees 20 minutes 52 seconds East, a distance of 220.00 feet; thence North 45 degrees 20 minutes 52 seconds East, a distance of 150.44 feet; thence South 45 degrees 04 minutes 07 seconds East., a distance of 73.68 feet; thence South 0.0 degrees 22 minutes 31 seconds West, a distance of 253.13 feet; thence South 89 degrees 18 minutes 11 seconds West, a distance of 329.98 feet; thence South 00 degrees 22 minutes 31 seconds West,, a distance of 120.00 feet; thence South 89 degrees 18 minutes 11 seconds West, a distance: of 120.00 feet; thence North 01 degrees 01 minutes 02 seconds East., a distance of 216.35 feet, to the point of beginning, in McHenry County, Illinois. (Containing 2.22 acres of land) PARCEL V That part of the West Half of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of said Section 33; thence North 00 degrees 19 minutes 02 seconds East (bearing assumed), along the Westerly line of said Section 33, a distance of 720.11 feet to a point; thence continuing North 00 degrees 19 minutes 02 seconds East, a distance of 2085.94 feet; thence North 89 degrees 20 minutes 52 seconds East, a distance of 1176.50 feet for a point of beginning; thence North 89 degrees 20 minutes 52 seconds East, a distance of 40.77 feet; thence South 00 degrees 09 minutes; 25 seconds West, a distance of 50.00 feet; thence South 44 degrees 50 minutes 35 seconds East, a distance of 100 feet; thence North 39 degrees 55 minutes 16 seconds East, a distance of 100.00 feet; thence South 11 degrees 23 minutes 21 seconds East, a distance of 170.00 feet; thence South 45 degrees 20 minutes 52 seconds West, a distance of 120.00 feet; thence North 44 degrees 39 minutes 08 seconds West, a distance of 135.00 feet; thence South 45 degrees 20 minutes 52 seconds West, a distance of 49.56 feet; thence North 45 degrees 04 minutes 07 seconds West, a distance of 176.32 feet; thence North 06 degrees 33 minutes 24 seconds East, a distance of 92.12 feet; thence South 80 degrees 10 minutes 55 seconds East, a distance of 120.00 feet; thence North 27 degrees 22 minutes 29 seconds East, a distance of 30.16 feet; thence North 45 degrees 04 minutes 07 sddbnds West, a distance of 15.81 feet to the point of beginning, in McHenry County, Illinois. (Containing 1.24 acres of land) 92-46-0501 92R 039017 PARCEL VI That part of the West Half of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the Southwest corner of said Section 33; thence North 00 degrees 19 minutes 02 seconds East (bearing assumed), along the Westerly line of said Section 33, a distance of 720.11 feet to a point; thence continuing North 00 degrees 19 minutes 02 seconds East, a distance of 2085.94 feet; thence North 89 degrees 20 minutes 52 seconds East, a distance of 1217.26 feet; thence North 00 degrees 09 minutes 25 seconds East, a distance of 148.50 feet for a point of beginning; thence North 00 degrees 09 minutes 25 seconds East, a distance of 516.44 feet; thence North 89 degrees 16 minutes 31 seconds East, a distance of 211.00 feet; thence South 00 degrees 21 minutes 53 seconds East, a distance of 253.20 feet; thence South 62 degrees 31 minutes 16 seconds East, a distance of 148.83 feet; thence North 89 degrees 25 minutes 18 seconds East, a distance of 130.00 feet; thence South 28 degrees 39 minutes 19 seconds East, a distance of 56.64 feet; thence South 00 degrees 22 minutes 31 seconds West, a distance of 43.82 feet; South 44 degrees 55 minutes 53 seconds West, a distance of 444.08 feet; thence North 25 degrees 24 minutes 53 seconds West, a distance of 148.66 feet; thence North 59 degrees 06 minutes 17 seconds West, a distance of 146.23 feet to the point of beginning, in McHenry County, Illinois. (Containing 4.62 acres of land) PARCEL XVI That part of the Southwest Quarter of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the center of said Section 33; thence South 89 degrees 20 minutes 52 seconds West (bearing assumed), a distance of 267.28 feet; thence South 00 degrees 00 minutes 43 seconds East, a distance of 835.30 feet for a point of beginning; thence South 00 degrees 00 minutes 43 seconds East, a distance of 120.07 feet; thence South 89 degrees 02 minutes 36 seconds West, a distance of 141.63 feet; thence North 41 degrees 15 minutes 02 seconds East, a distance of 68.03 feet; thence Northeasterly along a curve to the right having a radius of 280.71 feet (chord bearing is North 53 degrees 36 minutes 32 seconds East), an arc distance of 121.10 feet, to the point of beginning, in McHenry County, Illinois. (Containing 0.23 acres of land) PARCEL XVII-A That part of the South Half of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the center of said Section 33; thence South 89 degrees 20 minutes 52 seconds West (bearing assumed), a distance of 267.28 feet; thence South 00 degrees 00 minutes 43 seconds East, a distance of 555.37 feet; thence South 11 degrees 32 minutes 28 seconds East, a 'distance of 267.68 feet; thence South 12 degrees 30 minutes 53 seconds East, a distance of 140.11 feet; thence North 89 degrees 20 minutes 52 seconds East, a distance of 196.16 feet for 92-46-0502 91K 039ar7 the point of beginning; thence North 89 degrees 20 minutes 51 seconds East, a distance of 369.98 feet; thence South 10 degrees 36 minutes 55 seconds West, a distance of 122.21 feet; thence North 79 degrees 23 minutes 05 seconds West, a distance of 352.90 feet; thence North 00 degrees 39 minutes 08 seconds West, a distance of 50.90 feet to the point of beginning, in McHenry County, Illinois. (Containing 0.71 acres of land) PARCEL XVII-B That part of the South Half of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at the center of said Section 33; thence South 89 degrees 20 minutes 52 seconds West (bearing assumed), a distance of 267.28 feet; thence South 00 degrees 00 minutes 43 seconds East:, a distance of 555.37 feet; thence South 11 degrees 32 minutes 28 seconds East, a distance of 267.68 feet; thence South 12 degrees 30 minutes 53 seconds East, a distance of 140.11 feet for the point of beginning; thence North 89 degrees 20 minutes 52 seconds East, a distance of 196.16 feet; thence South 00 degrees 39 minutes 08 seconds East, a distance of 50.90 feet; thence North 79 degrees 23 minutes 05 seconds West, a distance of 197.38 feet; thence North 12 degrees 30 minutes 53 seconds West, a distance of 12.60 feet, to the point of beginning, in McHenry County, Illinois. (Containing 0.14 acres of land) PARCEL XVIII That part of the West Half of Section 33 Township 45 North, Range 8 East of the Third Principal Meridian, described as -follows: Commencing at the Southwest corner of said Section 33; thence North 00 degrees 19 minutes 02 seconds East (bearing assumed), along the Westerly line of said Section 33, a distance of 720.11 feet for the point of beginning; thence continuing North 00 degrees 19 minutes 02 seconds East, a distance of 480.00 feet; thence North 89 degrees 19 minutes 17 seconds East, a distance of 870.00 feet; thence Northeasterly along a curve to the left, having a radius of 1152.46 feet (chord bearing North 72 degrees 25 minutes 40 seconds East), an arc distance of 679.60 feet; thence North 55 degrees 32 minutes 04 seconds East, a distance of 173.36 feet; thence Northeasterly along a curve to the right having a radius of 1151.50 feet (chord bearing North 71 degrees 24 minutes 19 seconds east), an arc distance of 637.93 feet; thence South 41 degrees 15 minutes 02 seconds West, a distance of 461.97 feet; thence South 45 degrees 04 minutes 07 seconds East, a distance of 240.41 feet; thence Southwesterly along a curve to the right having a radius of 671.94 feet (chord bearing South 52 degrees 37 minutes 59 seconds West) for an arc distance of 72.16 feet; thence South 55 degrees 42 minutes 34 seconds West, a distance of 897.13 feet; thence South 00 degrees 18 minutes 56 seconds West, a distance of 450.00 feet; thence South 89 degrees 22 minutes 33 seconds West, a distance of 170.00 feet; -thence South 00 degrees 18 minutes 56 seconds West, a distance of 180.00 feet; thence South 89 degrees 22 minutes 33 seconds West, a distance of 241.15 feet; thence North 00 degrees 18 92-46-0503 92R 039017 minutes 56 seconds East, a distance of 720.11 feet; thence South 89 'degrees 19 minutes 17 seconds West, a distance of 907.50 feet,, to the point of beginning, in McHenry County, Illinois. (Containing 31.63 acres of land) PARCEL XIX-A That part of the South Half of Section 33, Township 45 orth, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a point on the South line of said South Half, 1657.50 feet, East of the Southwest corner thereof, as measured along said South line; thence North 09 degrees 51 minutes 31 seconds East (bearing assumed), a distance of 85.00 feet; thence Northeasterly along a curve to the right having a radius of 776.47 feet (chord bearing North 12 degrees 45 minutes 50 seconds East), an arc distance of 78.75 feet; thence North 89 degrees 18 minutes 11 seconds East, a distance of 195.29 feet; thence North 43 degrees 30 minutes 22 seconds East, for a distance of 1039.99 feet; thence North 45 degrees 04 minutes 07 seconds, West, a distance of 520.58 feet for a point of beginning; thence North 45 degrees 04 minutes 07 seconds West, a distance of 245.38•feet; thence North 41 degrees 15 minutes 02 seconds East, a distance of 311.66 feet; Northeasterly along a curve to the right having a radius of 1151.50 feet (chord bearing North 88 degrees 18 minutes 43 seconds East), an arc distance of 41.63 feet; thence North 89 degrees 20 minutes 52 seconds East, a distance of 60.00 feet; thence Southwesterly along a curve to the right having a radius of 671.94 feet (chord bearing South 18 degrees 02 minutes 26 seconds West), an arc distance of 438.44 feet, to the point of beginning, in McHenry County, Illinois. (Containing 1.59 acres of land) PARCEL XIX-B That part of the South Half of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the South line of said South Half, 1657.50 feet, East of the Southwest corner thereof, as measured along said South line; thence North 09 degrees 51 minutes 31 seconds East (bearing assumed), a distance of 85.00 feet; thence Northeasterly along a curve to the right having a radius of 776.47 feet (chord bearing North 12 degrees 45 minutes 50 seconds East), an arc distance of 78.75 feet; thence North 89 degrees 18 minutes 11 seconds East, a distance of 195.29 feet; thence North 43 degrees 30 minutes 22 seconds East, for a distance of 1039.99 feet; thence North 45 degrees 04 minutes 07 seconds West, a distance of 135.38 feet for a point of beginning; thence continuing North 45 degrees 04 minutes 07 seconds West, a distance of 385.20 feet; thence Northeasterly along a curve to the left having a radius of 671.94 feet (chord bearing North 18 degrees 02 minutes 26 seconds East), an arc distance of 438.44 feet; thence North 89 degrees 20 minutes 52 seconds East, a distance of 40.00 feet; thence North 89 degrees 20 minutes 52 teconds East, a distance of 83.84 feet; thence South 12 degrees 30 minutes 53 seconds East, a distance of 12.60 :feet; thence South 79 degrees 23 minutes 05 seconds East, a distance of 92-46-0504 92R 039017 197.38 feet; thence South 00 degrees 39 minutes 08 seconds East,, a distance of 114.10 feet; thence Southwesterly along a curve to the right having a radius of 806.50 feet (chord bearing South 19 degrees 20 minutes 04 seconds West), a distance of 562.67 feet, to the point of beginning, in McHenry County, Illinois. (Containing 4.60 acres of land) PARCEL XIX-C That part of the South Half of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows:• Beginning at a point on the South line of said South Half, 1657.50 feet, East of the Southwest corner thereof, as measured along said South line; thence North 09 degrees 51 minutes 31 seconds East (bearing assumed), a distance of 85.00 feet; thence Northeasterly along a curve to the right having a radius of 776.47 feet (chord bearing North 12 degrees 45 minutes 50 seconds East), an arc distance of 78.75 feet; thence North 89 degrees 18 minutes 11 seconds East, a distance of 195.29 feet; thence North 43 degrees 30 minutes 22 seconds East, for a distance of 1039.99 feet; thence North 45 degrees 04 minutes 07 seconds West, a distance of 135.38 feet; thence Northeasterly along a curve to the left having a radius of 806.50 feet (chord bearing North 19 degrees 20 minutes 04 seconds East), an arc distance of 562.67 feet; thence North 00 degrees 39 minutes 08 seconds West, a distance of 114.10 feet; thence South 79 degrees 23 minutes 05 seconds East, a distance of 352.90 feet; thence North 10 degrees 36 minutes 55 seconds East, a distance of-122.21 feet; thence North 89 degrees 20 minutes 52 seconds East, a distance of 189.27 feet; thence South 00 degrees 15 minutes 02 seconds East, a distance of 53.48 feet; thence South 51 degrees 12 minutes 11 seconds West, a distance of 149.52 feet; thence South 24 degrees 56 minutes 19 seconds West, a distance of 114.00 feet; thence South 10 degrees 31 minutes 12 seconds East, a distance of 68.00 feet; thence South 04 degrees 53 minutes 37 seconds West, a distance of 136.00 feet; thence Southwesterly along a curve to the right, having a radius of 55.00 feet (chord bearing South 38 degrees 10 minutes 38 seconds West), an arc distance of 63.90 feet; thence South 71 degrees 27 minutes 38 seconds West, a distance of 52.79 feet; thence Southwesterly along a curve to the left, having a radius of 23.00 feet (chord bearing South 14 degrees 02 minutes 25 seconds West, an arc distance of 46.10 feet; thence South 43 degrees 22 minutes 42 seconds East, a distance of 42.47 feet; thence Southwesterly along a curve to the right, having a radius of 30.00 feet (chord bearing South 12 degrees 50 minutes 47 seconds West), an arc distance of 58.88 feet; thence South 69 degrees 04 minutes 22 seconds West, a distance of 53.34 feet; thence South 05 degrees 21 minutes 30 seconds West, a distance of 110.93 feet; thence South 18 degrees 54 minutes 07 seconds West., a distance of 100.00 feet; thence South 14 degrees 57 minutes 19 seconds East, a distance of 56.78 feet; thence Southwesterly along a curve to the right, having a radius of 29.65 feet (chord bearing South 25 degrees 08 minutes 34 seconds West), an arc distance of 41.50 feet; thence Southwesterly along a curve to the right, having a radius of 79.58 feet (chord bearing South 85 degrees 56 minutes 92-46-0505 92R 039017 18 seconds West), an arc distance of 57.50 feet; thence Southwesterly along a curve to the left, having a radius of 65.00 feet (chord bearing South 80 degrees 01 minutes 20 seconds West), an arc distance of 60.39 feet; thence South 53 degrees 24 minutes 23 seconds West, a distance of 101.83 feet; thence South 40 degrees 44 minutes 59 seconds West, a distance of 174.41 feet; thence South 63 degrees 22 minutes 11 seconds West, a distance of 72.08 feet; thence Southwesterly along a curve to the left, having a radius of 40.00 feet (chord bearing South 27 degrees 51 minutes 15 seconds West), an arc distance of 49.59 feet; thence South 07 degrees 39 minutes 44 seconds East, a distance of 31.95 feet; thence South 19, degrees 02 minutes 43 seconds West, a distance of 70.14 feet; thence Southwesterly along a curve to the right, having a radius of 40.00 feet (chord bearing South 61 degrees 37 minutes 24 seconds West), an arc distance of 59.45 feet; thence North 75 degrees 47 minutes 56 seconds West, a distance of 117.93 feet; thence Southwesterly along a curve to the left, having a radius of 40.00 feet (chord bearing South 69 degrees 15 minutes 28 seconds West), an arc distance of 48.79 feet; thence South 34 degrees 18 minutes 52 seconds West, a distance of 64.14 feet; thence South 47 degrees 47 minutes 58 seconds West, a distance of 63.46 feet; thence Southwesterly along a curve to the left, having a radius of 45.00 feet (chord bearing South 19 degrees 59 minutes 29 seconds West), an arc distance of 43.68 feet; thence South 07 degrees 48 minutes 57 seconds East, a distance of 157.44 feet; thence Southwesterly along a curve to the right, having a radius of 45.00 feet (chord bearing South 19 degrees 42 minutes 40 seconds West), an arc distance of-43.24 feet; thence South 47 degrees 14 minutes 24 seconds West, a distance of 42.16 feet; thence South 89 degrees 16 minutes 55 seconds West, a distance of 511.11 feet, to the -point of beginning, in McHenry County, Illinois. (Containing 14.81 acres of land) PARCEL XX-A That part of the South Half of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a point on the South line of said South Half, 1657.50 feet, East of the Southwest corner thereof, as measured along said South line; thence North 09 degrees 51 minutes 31 seconds East, (bearing assumed) a distance of 85.00 feet; thence Northeasterly along a curve to the right having a radius of 776.47 feet (chord bearing North 12 degrees 45 minutes 50 seconds East), an arc distance of 78.75 feet; thence North 89 degrees 18 minutes 11 seconds East, a distance of 195.29 feet; thence North 43 degrees 30 minutes 22 seconds East, for a distance of 1039.99 feet; thence North 45 degrees 04 minutes 07 seconds West, a distance of 520.58 feet for a point of beginning; thence Southwesterly along a curve to the right having a radius of 671.94 feet (chord bearing South 43 degrees 08 minutes 42 seconds West), an arc distance of 150.39 feet; thence North 45 degrees 04 minutes 07 seconds West,, a distance of 240.41 feet; thence North 41 degrees 15 minutes 02 seconds East, a distance of 150.31 feet; thence South 45 degrees 04 minutes 07 seconds East, a distance of 245.38 feet, to the point of 92-46-0506 92R 039017 beginning, in McHenry County, Illinois. (Containing 0.85 acres of land) PARCEL XX-B That part of the South Half of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the South line of said South Half, 1657.50 feet, East of the Southwest corner thereof, as measured along said South line; thence North 09 degrees 51 minutes 31 seconds East, (bearing assumed) a distance of 85.00 feet; thence Northeasterly, along a curve to the right having a radius of 776.47 feet (chord bearing North 12 degrees 45 minutes 50 seconds East), an arc distance of 78.75 feet; thence North 89 degrees 18 minutes 11 seconds East, a distance of 195.29 feet; thence North 43 degrees 30 minutes 22 seconds East, for a distance of 1039.99 feet; thence North 45 degrees 04 minutes 07 seconds West, a distance of 135.38 feet for a point of beginning; thence Southwesterly along a curve to the right having a radius of 806.50 feet (chord bearing South 45 degrees 42 minutes 53 seconds West), an arc distance of 179.98 feet; thence South 52 degrees 06 minutes 29 seconds West, a distance of 51.79 feet; thence North 43 degrees 30 minutes 20 seconds East, a distance of 1.00 feet; thence Northwesterly along a curve to the left having a radius of 82.01 feet (chord bearing North 00 degrees 46 minutes 45 seconds West), an arc distance of 126.78 feet; thence North 45 degrees 04 minutes 07 seconds West, a distance of 289.59 feet; thence Northeasterly along a curve to the left having a radius of 671.94 feet ( chord bearing North 43 degrees 08 minutes 42 seconds East), an arc distance of 150.39 feet; thence South 45 degrees 04 minutes 07 seconds East, a distance of 385.20 feet, to the point of beginning, in McHenry County, Illinois. (Containing 1.36 acres of land) PARCEL XXI That part of the Southwest Quarter of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the South line of said Southwest Quarter, 1157.5 feet East of the Southwest corner thereof, as measured along said South line; thence North 00 degrees 18 minutes 56 seconds East (bearing assumed), a distance of 180.00 feet; thence North 89 degrees 22 minutes 33 seconds East, a distance of 170.00 feet; thence North 00 degrees 18 minutes 56 seconds East, a distance of 450.00 feet; thence 55 degrees 42 minutes 34 seconds East, a distance of 897.13 feet; thence Northeasterly along a curve to the left having a radius of 671.94 feet (chord bearing North 52 degrees 37 minutes 59 seconds East, a distance of 72.16 feet; thence South 45 degrees 04 minutes 07 seconds East, a distance of 289.59 feet; thence Southeasterly along a curve to the right having a radius of 82.01 feet (chord bearing South 00 degrees 46 minutes 45 seconds East), an arc distance of 126.78 feet; thence South 43 degrees 30 minutes 20 seconds West, a distance of 1.00 feet; thence South 52 degrees 06 minutes 29 seconds West, a distance of 475.47 feet; thence Southwesterly along a curve to the left, having a 92-46-0507 92R 039017 radius of 776.47 feet (chord bearing South 39 degrees 55 minutes 23 .seconds West), an arc distance of 330.26 feet; thence Southwesterly along a curve to the right having a radius of 213.08 feet (chord bearing South 86 degrees 34 minutes 04 seconds West), an arc distance of 20.34 feet; thence South 89 degrees 18 minutes it seconds West, a distance of 370.00 feet; thence South 00 degrees 22 minutes 32 seconds West, a distance of 309.99 feet; thence South 89 degrees 19 minutes 17 seconds West, a distance of 200.00 feet to the point of beginning, in McHenry County, Illinois. (Containing 11.22 acres of land) PARCEL XXII That part of the South Half of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a point on the South line of said South Half, 1657.50 feet, East of the Southwest corner thereof, as measured along said South line; thence North 09 degrees 51 minutes 31 seconds East (bearing assumed), a distance of 85.00 feet; thence Northeasterly along a curve to the right having a radius of 776.47 feet (chord bearing North 12 degrees 45 minutes 50 seconds East), an arc distance of 78.75 feet for the point of beginning; thence continuing on said curve being a curve to the right having a radius of 776.47 feet (chord bearing North 21 degrees 42 minutes 14 seconds East), an arc distance of 163.56 feet; thence Northeasterly along a curve to the left having a radius of 213.08 feet (chord bearing North 63 degrees 40 minutes 11 seconds East), an arc distance of 149.97 feet; thence North 43 degrees 30 minutes 20 seconds East, a distance of 659.36 feet; thence North 52 degrees 06 minutes 29 seconds East, a distance of 51.79 feet; thence Northeasterly along a curve to the left having a radius of 806.50 feet (chord bearing North 45 degrees 42 minutes 53 seconds East), an arc distance of 179.98 feet; thence South 45 degrees 04 minutes 07 seconds East, a distance of 135.38 feet; thence South 43 degrees 30 minutes 22 seconds West, a distance of 1039.99 feet; thence South 89 degrees 18 minutes 11 seconds West, a distance of 195.29 feet to the point of beginning, in McHenry County, Illinois. (Containing 3.91 acres of land) PARCEL XXIII That part of the Southwest Quarter of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, 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 North 00 degrees 22 minutes 32 seconds East (bearing assumed), a distance of 309.99 feet; thence North 89 degrees 18 minutes 11 seconds East, a distance of 370.00 feet; thence Northeasterly along a curve to the left having a radius of 213.08 feet (chord bearing North 86 degrees 34 minutes 04 seconds East), an arc distance of 20.34 feet; thence Southwesterly -along a curve to the left having a radius of 776.47 feet (chord bearing South 21 degrees 42 minutes 14 seconds West), an arc distance of 163.56 feet; thence South 89 degrees 18 minutes 92-46-0508 �92R 039017 11 seconds West, a distance of 180.90 feet; thence South 00 degrees 22 minutes 31 seconds West, a distance of 160.00 feet; thence South 89 degrees 18 minutes 11 seconds West, a distance of 150.00 feet, to the point of beginning, in McHenry County, Illinois. (Containing 1.78 acres of land) PARCEL XXIV That part of the Southwest Quarter of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Beginning at a point on the South line of said Southwest Quarter, 1507.5 feet, East of the Southwest corner thereof, as measured along said South line; thence North 00 degrees 22 minutes 31 seconds East (bearing assumed), a distance of 160.00 feet; thence North 89 degrees 18 minutes 11 seconds East, a distance of 180.90 feet; thence Southwesterly along a curve to the left having a radius of 776.47 feet (chord bearing South 12 degrees 45 minutes 50 seconds West), an arc distance of 78.75 feet; thence South 09 degrees 51 minutes 31 seconds West, a distance of 85.00 feet; thence South 89 degrees 18 minutes 11 seconds West, a distance of 150.00 feet, to the point of beginning, in McHenry County, Illinois. (Containing 0.60 acres of land) PARCEL XXVII That part of the South Half of Section 33, Township 45 North, Range 8 East of the Third Principal Meridian, described as follows: Commencing at a point on the South line of said South Half, 1657.50 feet, East of the Southwest corner thereof, as measured along said South line; thence North 09 degrees 51 minutes 31 seconds :East (bearing assumed), a distance of 85.00 feet; thence Northeasterly along a curve to the right having a radius of 776.47 feet (chord bearing North 12 degrees 45 minutes 50 seconds East), an arc distance of 78.75 feet; thence continuing on said curve being a curve to the right having a radius of 776.47 feet (chord bearing North 21 degrees 42 minutes 14 seconds East), an arc distance of 163.56 feet for the point of beginning; thence continuing Northeasterly on said curve being a curve to the right having a radius of 776.47 feet (chord bearing North 39 degrees 55 minutes 23 seconds East), an arc distance of 330.26 feet; thence North 52 degrees 06 minutes 29 seconds East, a distance of 475.47 feet; thence South 43 degrees 30 minutes 20 seconds West, a distance of 659.36 feet; thence Southwesterly along a curve to the right having a radius of 213.08 feet (chord bearing South 63 degrees 40 minutes 11 seconds West), an arc distance of 149.97 feet to the point of beginning, in McHenry County, Illinois. (Containing 0.88 acres of land) 92-46-0509