HomeMy WebLinkAboutOrdinances - ORD-03-1189 - 09/29/2003 - AUTHORIZE ANNEX AGREEMT MAE KING PROPERTY AND HALLORDINANCE NO. ORD-03-1189
AN ORDINANCE AUTHORIZING THE EXECUTION
OF AN ANNEXATION AGREEMENT WITH MAE KING
AND HALLMARK HOMES, L.L.C. FOR A 22.135 ACRE PROPERTY LOCATED
NORTH OF MCCULLOM LAKE AND WEST OF THE MEIJER/HOME DEPOT
SUBDIVISION, IN MCHENRY COUNTY, ILLINOIS
WHEREAS, Mae King is the legal owner of record and Hallmark Homes, L.L.C. is
the contract purchaser of the real estate located north of McCullom Lake Road, west of the
Meijer/Home Depot Subdivision, in McHenry County, Illinois; and
WHEREAS, notice of a public hearing was published in the Northwest Herald, a
newspaper of general circulation in the City of McHenry, within the time provided by law,
notifying the public of a hearing on said Annexation Agreement before the Corporate
Authorities of the City of McHenry; and
WHEREAS, the Corporate Authorities of the City of McHenry have held the public
hearing as required by law and have found that entry into said Annexation Agreement is in
the best interest of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR, AND CITY COUNCIL OF
THE CITY OF MCHENRY, MCHENRY COUNTY, ILLINOIS AS FOLLOWS:
SECTION 1: The Annexation Agreement, bearing the date of September 29, 2003,
between the City of McHenry, a Municipal Corporation in the State of Illinois, Mae King,
record owner, and Hallmark Homes, L.L.C., contract purchaser, be and the same is hereby
approved. A complete and accurate copy of said annexation agreement, labeled "Hallmark
Homes Annexation Agreement", is attached to this ordinance and incorporated herein by
reference.
SECTION 2: The Mayor and City Clerk are hereby authorized to affix their
signatures as Mayor and City Clerk to said annexation agreement for the uses and
purposes therein set forth.
SECTION 3: All Ordinance or parts thereof in conflict with, the terms and provisions
hereof are hereby repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be published in pamphlet form by and under the
authority of the corporate authorities of the City of McHenry, McHenry County, Illinois.
SECTION 5: This Ordinance shall be in full force and effect from and after its
passage, approval, and publication in pamphlet form as provided by law.
PASSED THIS 29TH DAY OF SEPTEMBER , 2'003
AYES: BOLGER, LOW, WIMMER, PETERSON, CONDON
NAYS: GLAB, MURGATROYD
ABSTAINED: NONE
ABSENT: NOMF
NOT VOTING: NONE
APPROVED THIS 29TH DAY OF SEPTEMBER , 2003
ATTEST:
CI RK 10
I�
MAYOR
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HALLMARK HOMES
ANNEXATION AGREEMENT
This Agreement made and entered into this %S day of _ L, , 2003, by
and between the CITY OF MCHENRY, an Illinois municipal corporation (hereinafter
referred to as "CITY"),/.k -M-,. ��� ("OWNER") and Hallmark Homes
("CONTRACT PURCHASER"). T—
RECITALS
A. The OWNER holds fee simple title to the real estate legally described on Exhibit A,
attached hereto and made a part of this Agreement by reference, hereinafter
referred to as the "SUBJECT PROPERTY."
B. The OWNER has filed with the City Clerk a Petition for Annexation of the SUBJECT
PROPERTY to the CITY, contingent upon the terms and provisions of this
Agreement, which Petition has been filed in accordance with 65 ILCS 5/7-1-8, and
the ordinances of the CITY.
C. The SUBJECT PROPERTY is currently unimproved and is zoned A-1, Agricultural,
pursuant to the McHenry County Zoning Ordinance.
D. The SUBJECT PROPERTY has no electors residing thereon.
E. The SUBJECT PROPERTY consists of one contiguous tract of land which is not
within the corporate boundaries of any municipality or subject to an Annexation
Agreement with any other municipality, and is presently contiguous to and may be
annexed to the CITY in accordance with 65 ILCS 5/7-1-1„ et seq.
F. The OWNER desires to annex the SUBJECT PROPERTY to the CITY in
accordance with the terms of this Agreement.
G. The CITY has determined that the annexation of the SUBJECT PROPERTY in
accordance with the terms of this Agreement is in the best interest of the CITY, will
promote sound planning and growth of the CITY, and otherwise enhance and
promote the general welfare of the CITY and its residents.
H. Notice to the Fire Protection District, Public Library District or Township of the
annexation of the SUBJECT PROPERTY is not required.
I. This Agreement is made pursuant to and in accordance with the provisions of 65
ILCS 5/11-15.1-1, et seq.
J. Prior to the date of this Agreement, all public hearings were held upon proper notice
and publications as are required for the CITY to effect the terms of this Agreement.
NOW THEREFORE, in consideration of their respective agreements set out herein, the
CITY and OWNER HEREBY AGREE AS FOLLOWS:
1. Annexation. Upon execution of this Agreement, as allowable by law, the CITY shall
enact an ordinance annexing the SUBJECT PROPERTY. A copy of said ordinance,
together with an accurate plat of the SUBJECT PROPERTY, shall be filed with the
County Clerk of McHenry County and recorded with the Recorder of Deeds of
McHenry County. This Agreement in its entirety, together with the aforesaid Petition
for Annexation, shall be null, void and of no force and effect unless the SUBJECT
PROPERTY is zoned and classified as provided in this Agreement by the adoption
of ordinances by the CITY immediately following the execution of this Agreement.
2. Zoning. Immediately following the annexation of the SUBJECT PROPERTY, the
CITY shall adopt an ordinance granting a zoning map amendment to RM-1, Low -
Density Multi -Family Residential District.
3. Variance. Immediately following the annexation and zoning of the SUBJECT
PROPERTY, the CITY shall adopt an ordinance granting a variance to allow two
buildings on a zoning lot for the four (4) of the proposed lots.
4. Concept Plan Approval. The Concept Plan, prepared by CES Inc, dated September
18, 2003„ attached hereto as Exhibit B and made a part of this Agreement by
reference (hereinafter referred to as " oncept Plan"), is hereby approved. It is
understood that the representations on the Concept Plan regarding land uses,
maximum number of units, the public rights -of -way, open space layout, stormwater
management facilities and the configuration of lots is preliminary in nature and the
final road and lot layout will be determined at the time of final platting for the
SUBJECT PROPERTY.
5. Maximum Number of Residential Units. OWNER shall be entitled to construct 104
new residential dwelling units on the SUBJECT PROPERTY, in buildings having no
more than four (4) dwelling units per building.
6. Limitation on Number of Units Allowed Per Year. Upon application by the OWNER
and review by the CITY, the CITY shall issue permits forthe construction of no more
than fifty-two (52) residential units per calendar year. The first calendar year shall
begin on the date of final plat approval by the City Council.
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7. Building Elevations. OWNER agrees that multi -family units constructed on the
SUBJECT PROPERTY shall have an appearance in substantial accordance with
Exhibit entitled "Building Elevations", prepared by Rubloff Architecture Group,
attached hereto and made a part of this Agreement by reference (hereinafter
referred to as Exhibit C, "Building Elevations").
8. Landscape Plans. Prior to issuance of any Occupancy Permits by the CITY,
OWNER shall install and maintain landscaping, berming, fencing and other
improvements in accordance with Exhibit B, in all areas of the SUBJECT
PROPERTY that have been final platted, unless weather prevents the installation of
said landscaping, berming and fencing, and in that event, temporary occupancy
permits may be issued to the OWNER. OWNER shall implement, install, enforce,
and maintain the Landscape Plans within the SUBJECT PROPERTY, and shall
incorporate the Landscape Plans into the covenants and restrictions placed on the
SUBJECT PROPERTY prior to CITY approval of the first final plat of subdivision
within the SUBJECT PROPERTY.
9. Covenants and Maintenance. OWNER agrees to provide for implementation,
enforcement, and maintenance of all Landscape Plans, private paths, open space,
private recreational facilities, storm water and drainage systems, including detention
basins and retention ponds, wetlands, and conservation areas, as provided on
Exhibit B and Exhibit C by creating a "homeowners' association" or appropriate
organizations. The provisions of the homeowners' association corporate charter
and bylaws and any covenants used in its enforcement shall be submitted to the
CITY with each final plat of subdivision. It is acknowledged and agreed that the
CITY shall have the right, but not the obligation, to enforce all provisions of the
homeowners' association charters, bylaws, and covenants, as they relate to
stormwater management, and that all such documents shall so provide: 'it is further
acknowledged and agreed the homeowners' association bylaws and covenants will
specifically provide that these shall not be amended as they relate to such
implementation, enforcement, and maintenance, and the means for providing funds
therefore, without the prior approval of the CITY.
10. Back -Up Special Service Area. Prior to CITY approval of the first final plat of
subdivision within the SUBJECT PROPERTY, OWNER and CITY agree to establish
a Special Service Area over the SUBJECT PROPERTY to finance special municipal
services as a back-up measure to the private "homeowners' association" and
assessment to ensure the continued maintenance of the private subdivision
improvements, including open space, landscaping, and other amenities as provided
in this Agreement.
11. Contribution for Future Intersection Improvements. OWNER shall pay to CITY the
lump sum of $10,000 prior to the issuance of the first occupancy permit for any
residential unit. Said amount shall be used towards future improvements at the
intersection of State Route 31 and McCullom Lake Road.
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12. Sanitary Sewer and Water.
a. The SUBJECT PROPERTY shall be developed with runicipal sanitary sewer
and water. OWNER will be allowed to extend the municipal water and sewer
lines to service the SUBJECT PROPERTY, and the CITY will service the
development with water and sanitary sewer treatment facilities. Water and
sanitary treatment plant and main capacity will be made available to the
development on the same basis as it is made available to other developments.
b. The CITY acknowledges that there is currently sanitary sewer treatment plant
capacity available from the CITY to service the SUBJECT PROPERTY however,
the CITY does not agree to reserve any capacity forthe SUBJECT PROPERTY.
No action of the CITY regarding application to the Illinois or U.S. Environmental
Protection Agency for permission to construct sanitary sewer lines on any part of
the SUBJECT PROPERTY shall be construed to constitute any representation,
warranty, or reservation by the CITY to OWNER that municipal sanitary sewer
treatment plant or sanitary sewer main capacity or municipal water will be
available to service the SUBJECT PROPERTY when OWNER applies to the
CITY for connection permits.
c. The CITY shall exercise its power of eminent domain, if necessary, to assist
OWNER in obtaining all necessary easements, not already in existence, to
enable the installation of the aforesaid sanitary sewer and water improvements.
OWNER shall pay all eminent domain costs and expenses incurred by the CITY,
including but not limited to attorney's fees, title charges, appraisals, surveying
cost, deposition cost, witness fees, litigation expenses and judgments in the
acquisition of any easement. ' '
13. Temporary Signage.
a. Advertising Signs. The CITY agrees to approve a variance to issue permits,
following receipt of proper applications and fees, for a maximum of two (2)
temporary subdivision advertising signs on the SUBJECT PROPERTY, at
locations selected by the OWNER. The signs shall be two-sided orv-shaped, a
maximum of sixty-four (64) square feet in area per side, twelve (12) feet in
height, and set back a minimum of ten (10) feet from the property line. The
signs shall be removed when the SUBJECT PROPERTY has reached ninety
(90) percent occupancy of the total number of residential units proposed, based
upon issuance of Certificates of Occupancy.
b. On -Site Directional Signs. On -site directional signs identifying the sales office(s)
and model(s) shall be allowed subject to approval by the Community
Development Department of the CITY, upon payment of a one-time permit fee,
with said signs to be removed on or before termination of sales office(s).
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c. Temporary Marketing Signs. Upon payment of required permit fees to the CITY,
temporary marketing signs shall be permitted to the OWNER for participation in
the Festival of Homes sponsored by the Chicago Tribune. These temporary
marketing signs shall not exceed four (4) feet by nine (9) feet and shall be posed
for five (5) consecutive weeks at a time, not more than four (4) times a year.
14. Model Homes: Construction Trailers.
a. Model Homes. Upon the annexation of the SUBJECT PROPERTY and in
advance of any final plat of subdivision or engineering approval, the OWNER
shall be permitted, at the OWNER'S sole risk, to construct, maintain and occupy
model units in one or more product lines being offered by the OWNER and to
construct and maintain other appurtenant facilities for said model units, including
temporary sanitary facilities and systems (when a permit is received from the
McHenry County Health Department) in advance of the construction of sanitary,
storm sewer, storm water detention facilities and water mains; provided,
however, no such construction shall prejudice the power and right of the CITY to
review, approve and disapprove final plats of subdivision and engineering plans
for any parcel containing said models. OWNER shall have the to right to use
said models, as well as their garages, for sales, sales promotions and offices for
sales personnel, all as may be desirable or in any way connected with the sales
of dwellings on the SUBJECT PROPERTY. The CITY agrees to allow the
OWNER to construct temporary parking facilities paved to the sidewalk with curb
depressed or other appurtenances to the model units and sales offices subject
to the approval of the Community Development Department of the CITY and
compliance with all applicable codes of the CITY.
b. Construction Trailers. Construction storage trailers used to build dwelling units
shall be allowed at locations to be approved by the Community Development
Department of the CITY. Upon the occupancy of 90% of the units in each
phase, all construction storage trailers shall be removed from that phase of
development. At all times during development of the SUBJECT PROPERTY,
construction storage trailers shall be parked no closer than 300 feet from the
nearest occupied home.
15. Underground Utilities. OWNER shall install underground, at OWNER's cost, all new
electricity, gas, telephone lines and any other utility or cable devices, lines, or
conduits necessary to service the development of the SUBJECT PROPERTY.
16. Park Connection. OWNER shall install, at his sole cost and expense, an eight -foot
wide asphalt bike path from the public street north to the Petersen Park property
owned by the CITY, as depicted by the Concept Plan. Said path shall be
constructed in accordance with the specifications of the CITY.
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17. Donations, Contributions, and Fees. OWNER acknowledges that the development
of the SUBJECT PROPERTY will impact on schools, parks, the library and fire
protection districts and other public services within the CITY. To reduce the effects
of this impact, and as a condition of this Agreement, OWNER shall be obligated to
pay and/or donate, or cause to be donated to the CITY, or provide improvements for
the benefit of the CITY as follows:
a. Annexation Fees.
i. OWNER shall pay to the CITY the lump sum of $22,135 (representing
$1,000 per acre zoned residential) within ninety (90) days following City
Council approval of the annexation of the SUBJECT PROPERTY to the
CITY.
ii. OWNER shall pay to the CITY the sum of $578 per residential unit,
including single-family and multi -family units, constructed on the SUBJECT
PROPERTY upon issuance of each building permit.
iii. OWNER shall pay to the CITY the sum of $1,916 per residential unit
$1,073 to School District No. 15, $782 to School District No. 156 and $61
to the Library District) constructed on the SUBJECT PROPERTY upon
issuance of each Certificate of Occupancy.
b. Cash Donations.
i. OWNER shall pay to the CITY certain Cash Donations per residential unit
constructed on the SUBJECT PROPERTY upon issuance of each building
permit. The Cash Donations payable by the OWNER to the CITY shall be
calculated as follows:
School Districts
Parks
Library Dist.
Fire Dist.
Total per Unit
Dwelling Unit
Total
156 15
1 Bedroom
$0
$0
$0
$1,925
$269
$269
$2,463
2 Bedrooms
$1,813
$635
$1,178
$3,212
$269
$269
$5,563
3 Bedrooms
$2,052
$718
$1,334
$3,860
$269
$269
$6,450
4 Bedrooms
$4,940
$1,729
$3,211
$5,076
$269
$269
$10.554
The Cash Donations referred to in this chart shall collectively be referenced to as
"Minimum Cash Contribution Amounts".
ii. In the event the Minimum Cash Contribution Amounts, as calculated above,
are less than the cash donation amounts set forth in the CITY's ordinances,
as amended from time to time, an amount equal to the amounts specified in
the CITY's ordinances, after adjustments as calculated above for land
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donations, shall be paid, rather than the Minimum Cash Contribution Amount
provided in this Agreement.
iii. In the event the CITY's cash contribution ordinance, or any other ordinance
of the CITY relating to cash contributions for schools, parks, library and fire
protection districts, is repealed or declared by a court of law to be found
unenforceable and all appeals have been exhausted, OWNER agrees to
pay, subsequent to such final court action, the Minimum Cash Contribution
Amounts set forth in this Agreement. In the event such final court order
requires the CITY or School Districts to return or refund monies paid by the
OWNER pursuant to the CITY's ordinances, OWNER expressly agrees to
allow the CITY or School Districts to retain the Minimum Cash Contribution
Amounts previously paid by the OWNER. It is the express intent of the
OWNER to release the CITY and School Districts from any liability or
obligation to refund the Minimum Cash Contribution Amount paid pursuant to
this paragraph under any circumstances.
c. Release. OWNER hereby releases the CITY, School Districts 15 and 156,
Library District, and Fire Protection District from any and all liability or damage to
OWNER and waives the right to challenge, by lawsuit or otherwise, the validity,
legality or enforceability of the donations and fees set forth in this Agreement, or
the purpose for which the money is spent. OWNER agrees not to pay any fees
under protest.
d. Donations Distinguished from Fees. Other than the donations specified in the
foregoing paragraphs, during the term of this Agreement, and irrespective of any
existing, new or revised donation ordinances of the CITY, OWNER shall not be
required to donate any land or money to the CITY, or by action of the CITY, to
any other governmental body. Building permit fees, water and sewer connection
and capital development fees, and other similar fees which are charged for
specific services provided by the CITY, shall be payable in accordance with the
CITY ordinances in existence and as amended from time to time, except as
specifically provided in this Agreement.
e. Distribution. That portion of these fees to be distributed to the schools, as
determined exclusively by the CITY, may be distributed for the benefit of some
or all schools within School Districts 15 and 156, at the discretion of the City
Council. To the extent any of these funds are distributed to said School
Districts, they may be used for operating expenses at those schools within
School Districts 15 and 156, as directed by the City Council, at the time of
distribution. In the event a distribution agreement in a form approved by the
CITY is not executed by the School Districts prior to distribution of said funds to
the School Districts, the CITY may retain the entire amount paid pursuant to this
paragraph for CITY use. Nothing herein is intended to create third party
beneficiary rights in School Districts 15 and 156 or the Library District.
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f. Annual Adjustment. At the end of each one-year period„ with the first adjustment
occurring May 1, 2004, the fees referenced in the preceding paragraphs a) ii, a)
iii, and b) i, shall be adjusted upward by the percent that the Chicago Area
Consumer Price Index has moved upwards since December31, 2002, and every
December 31 sc thereafter. For the purpose of this paragraph, the price index to
be used for comparative purposes shall be that index for the annual average
Chicago area CPI-U, as published by the United States Department of Labor,
Bureau of Labor Statistics.
18. Agricultural Uses. The CITY agrees that those portions of the SUBJECT
PROPERTY that have not been final platted may be used for agricultural purposes,
including crop farming over the entire parcel, and that such use may be continued
as a legal nonconforming use in accordance with the ordinances of the CITY.
19. Binding Effect and Term. This Agreement shall be binding upon and inure to the
benefit of the parties hereto, successor owners of record and their heirs, assigns,
and lessees, and upon successor municipal authorities of the CITY and successor
municipalities for a period of twenty (20) years from the date of execution hereof,
and any extended time agreed to by amendment to this Agreement.
20. Amendment. This Agreement may only be amended by written instrument executed
by all parties hereto. Provided, however, in the event title to the SUBJECT
PROPERTY, in whole or part, is transferred to successors in interest, future
amendments relating to the SUBJECT PROPERTY may be made by and between
the CITY and the title holders to the parcel specifically requesting the amendment
without consent required by other record owners of the SUBJECT PROPERTY.
21. Notice and Default. Before any failure of any party to this Agreement to perform its
obligations under this Agreement shall be deemed to be a breach of this
Agreement, the party alleging the breach shall provide notice to the party alleged to
be in default specifying the nature of said default, and thirty (30) days elapses from
the receipt of said default notice without the default being cured. Notice shall be in
writing and delivered via certified mail, addressed as follows:
CITY
City Administrator Douglas K. Maxeiner
333 S. Green Street
McHenry, IL 60050
OWNER
Need Address
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DEVELOPER
Hallmark Homes
4949 Harrison Avenue, Suite 200
Rockford, IL 61108
22. Stop Orders. The CITY will issue no stop orders directing work stoppage on
buildings or parts of the development without setting forth the section of CITY
ordinances or of this Agreement allegedly violated by OWNER, and OWNER may
forthwith proceed to correct such violations as may exist; provided, however, that
the CITY shall give notice in advance to the OWNER of its, intention to issue stop
orders at least twenty-four (24) hours in advance of the actual issuance of such stop
orders, except in the event a health, life or safety emergency is deemed to exist by
the CITY.
23. Ordinance Changes. Except as otherwise specified herein, all ordinances of the
CITY and other applicable jurisdictions shall apply to the SUBJECT PROPERTY,
OWNER and all successors and assigns in title. If during the term of this
Agreement, the provisions of the existing ordinances and regulations which may
relate to the development, subdivision, construction of improvements, buildings,
appurtenances and all other development of the SUBJECT PROPERTY, are
amended or modified in any manner so as to impose more restrictive requirements,
such more restrictive requirements shall be enforceable as applied to the SUBJECT
PROPERTY, so long as such amendments or modifications are non-discriminatory
in their application and effect throughout the CITY or other applicable jurisdictions.
24. Obligations. All obligations of the OWNER in this Agreement, including monetary
obligations in existence now and in the future, as a result of this Agreement, shall
constitute covenants running with the land and such monetary obligations shall also
be liens upon the land. OWNER hereby consents to the filing of a lien on the
SUBJECT PROPERTY or parts thereof for which obligations are owed when any
obligations are more than ninety (90) days overdue.
25. Enforceability. It is agreed that the parties to this Agreement may enforce and
compel performance, whether by law or in equity, by suit, mandamus, injunction,
declaratory judgment, or other court procedure, only in courts of the State of Illinois;
no such action maybe brought in any Federal court. In the event that either party to
the Agreement files suit to compel performance by the other, the prevailing party
shall be entitled to recover, as part of the costs otherwise allowed, its reasonable
attorney's fees incurred therein.
26. Waiver. The failure of the CITY to insist, in any one or more instances, upon
performance of any terms or conditions of this Agreement, shall not be construed as
a waiver of future strict performance of any such term, covenant or condition and
the obligations of the OWNER shall continue in full force and effect.
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27. Severability. If any provision of this Agreement, other than the provisions relating to
the requested zoning changes and Preliminary Plat described herein and the
ordinances adopted in connection therewith, is held invalid by any court of F
competent jurisdiction, such provision shall be deemed to be excised hear from and
the invalidity thereof shall not affect any of the other provisions contained herein.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date
indicated above.
CITY OF MC ENRY
By: C--
'lAayor Susan E. Low
Attest: n
C' CI k J ice . Jones
OWNE
By: c
Its: // z,, ���•
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Exhibit A
Legal Description of the SUBJECT PROPERTY
Part of the West Half of the Southwest Quarter of Section 23, Township 45 North, Ra6§e 8, East of the Third
Principal Meridian, being described as follows: Commencing at the intersection of the west line of said West Half
of the Southwest Quarter with the centerline of McCullom Lake Road; thence.South 44 degrees 06 minutes 09
seconds East along said centerline, 835.40 feet to the east line of the property, described in Document No.
552877; thence North 0 degrees 18 minutes 34 seconds Ebst along sold east line, 47.62 feet to the
Northeasterly right—of—way line of said McCullom Lake Rood and the place of beginning, thence continuing North
0 degrees 18 minutes 34 seconds East along said East line 456.49 feet to the Northeast corner thereof; thence
South 88 degrees 49 minutes 31 seconds West along the north line thereof, 29.17 feet to the east line of the
property described in Document No. 713653, thence North 01 degrees 12 minutes 09, seconds West along sold
east line, 169.08 feet to the Northeast corner thereof, thence South 89 degrees 42 minutes 51 seconds West
along the north fine thereof, 120.80 feet to the Northwest comer thereof; thence North 0 degrees 44 minutes
12 seconds East along the east line of the property described In Book 387 of Deeds, page 629, a distance of
644.89 feet to the Northeast comer thereof; thence North 88 degrees 51 minutes 12 seconds East along the
north line of the South Half of the Northwest Quarter of the Southwest Quarter of said Section 23, a distance
of 868.16 feet to the east line of the West Half of said Southwest Quarter, thence South 00 degrees 18 minutes
34 seconds West along said east lime, 1256.67 feet to the Southeast comer thereof; thence North 60 degrees
06 minutes 21 seconds West, 193.90 feet; thence Southwesterly 349.66 feet along a curve to the left, having a
radius of 269.50 feet, chord length of 325.64 feet and bears South 82 degrees 43 minutes 32 'seconds West;
thence South 45 degrees 33 minutes 25 seconds West, 223.54 feet to the sold Northeasterly right—of—way line
of said McCullom Lake Rood; thence North 43 degrees 33 minutes 06 seconds West along said right—of—way line
98.29 feet to the place of beginning, In McHenry County, Illinois.