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HomeMy WebLinkAboutOrdinances - ORD-06-1299 - 02/13/2006 - AUTHORIZE ANNEX AGRMT RE LIVING SPRINGS PROPERTY 4=A ORDINANCE NO. ORD-06-1299 AN ORDINANCE AUTHORIZING THE EXECUTION OF THE LIVING SPRINGS ANNEXATION AGREEMENT FOR PROPERTY LOCATED AT 4609 WEST CRYSTAL LAKE ROAD IN MCHENRY COUNTY, ILLINOIS WHEREAS, Kenneth and Patsy O'Halleran hold fee simple title to certain real estate located at 4609 West Crystal Lake Road, in McHenry County, Illinois (the "O'Halleran Property"); and WHEREAS, the O'Halleran Property is separated by a parcel of land hereinafter referred to as the "Related Property." WHEREAS, the OWNER and DEVELOPER are parties to that certain Purchase and Sale Agreement dated November 23, 2004 providing for the sale by OWNER and the purchase by DEVELOPER of the O'Halleran Property. WHEREAS, OWNER has agreed to deed its interest in the Related Property to DEVELOPER. WHEREAS, Ticor Title Company has committed to issue a title policy insuring OWNER'S and DEVELOPER'S interest in the Related Property. WHEREAS, the O'Halleran Property and the Related Property are hereinafter referred to as the "SUBJECT PROPERTY." WHEREAS, Living Springs of McHenry, LLC, ("DEVELOPER") has entered into a real estate purchase contract with the OWNER to acquire said real estate. WHEREAS, the OWNER, DEVELOPER and the City desire to enter into an annexation agreement to provide for the development of said real estate; 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 February 13, 2006, between the City of McHenry, a Municipal Corporation in the State of Illinois, and the Developer be and the same is hereby approved. A complete and accurate copy of said annexation agreement, labeled "Living Springs 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 13TH DAY OF FEBRiinRv 92006 NAYS: GLAB, PETERSON ABSTAINED: NONE ABSENT: NONE NOT VOTING: NONE APPROVED THIS 13TH DAY OF FEBRUARY , 2006 ATTEST: CIT CL C MAYOR W Draft, 2/6/06 LIVING SPRINGS ANNEXATION AGREEMENT This Agreement made and entered into this13TH day of FEBRUARY , 2006, by and between the City of McHenry, an Illinois municipal corporation (the "CITY"), Living Springs of McHenry, LLC (the "DEVELOPER") and Kenneth and Patsy O'Halleran (hereinafter collectively referred to as "O)NNER"). 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 "O'Halleran Property." B. The O'Halleran Property is separated by a parcel of land, legally described on Exhibit B, attached hereto and made a part of this Agreement by reference, hereinafter referred Coto as=e "Related Property." C. The OWNER and DEVELOPER are parties to that certain Purchase and Sale Agreement dated November 23, 2004 ("Sales Contract") providing for the sale by OWNER and the purchase by DEVELOPER of the O'Halleran Property. D. OWNER has agreed to deed its interest in the Related Property to DEVELOPER. E. Ticor Title Company has committed to issue a title policy insuring OWNER'S and DEVELOPER'S interest in the Related Property. F. The O'Halleran Property and the Related Property are hereinafter referred to as the "SUBJECT PROPERTY." G. The OWNER has filed with the City Clerk a Petition for Annexation of the SUBECT 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. H. The SUBJECT PROPERTY is currently improved with a single family home and is zoned E, Estate District, pursuant to the McHenry County Zoning Ordinance. I. The SUBJECT PROPERTY has electors residing thereon and each elector has properly executed the Petition for Annexation. J. The SUBJECT PROPERTY 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. K. The OWNER and DEVELOPER desire to annex the SUBJECT PROPERTY to the CITY in accordance with the terms of this Agreement. L. 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 Page 1 of 14 Draft, 2/6/06 growth of the CITY, and otherwise enhance and promote the general welfare of the CITY and its residents. M. The CITY does not provide library or fire protection services to the SUBJECT PROPERTY, so notice to the Fire Protection District or Public Library District of the annexation of the SUBJECT PROPERTY is not required. N. The annexation of the SUBJECT PROPERTY will include a portion of right-of-way under the jurisdiction of McHenry Township so notice of the annexation of the SUBJECT PROPERTY has been served to the McHenry Township Highway Commissioner and Board of Trustees by certified mail. O. This Agreement is made pursuant to and in accordance with the provisions of 65 ILCS 5111-15.1-1, et seq. P. 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: 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. In addition hereto, this Agreement in its entirety, together with the aforesaid Petition for Annexation, shall be null, void and of no force and effect unless the DEVELOPER closes on the SUBJECT PROPERTY with OWNER pursuant to the Sales Contract, and in such case the adoption of any ordinances by the CITY in conjunction with this Agreement shall be null, void and of no force. 2. Zoning. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance granting a zoning map amendment to RM-2 High Density Multi -Family Residential District for the SUBJECT PROPERTY. Conditional Use Permit. Immediately following the annexation of the SUBJECT PROPERTY, the CITY shall adopt an ordinance approving a conditional use permit to allow a 99-unit, Supportive Living Senior Housing Facility on the SUBJECT PROPERTY, in substantial accordance with the narrative and site plan (hereinafter collectively referred to as Exhibit C), attached hereto and made a part of this Agreement by reference. 4. Supportive Living Facility. The SUBJECT PROPERTY shall be used as a Supportive Living Facility (SLF), through the program currently administered by the State of Illinois. DEVELOPER agrees to comply fully with the Illinois Supportive Living Act, and the administrative rules pursuant thereto in 89 Illinois Administrative Code Chapter I, Subchapter d, Part 146, Subpart B (89 Ill. Adm. Code 146). The DEVELOPER further agrees to furnish to the CITY a copy of the state certification granted to the SUBJECT PROPERTY as it relates to the appropriate provisions of the Code. A copy of which shall be furnished to the CITY prior to occupancy with respect to the SUBJECT PROPERTY. If at any time, said certification is suspended or revoked wholly or in part, Page 2 of 14 Draft, 2/6/06 the conditional use permit heretofore granted with regards to the SUBJECT PROPERTY shall cease to exist until such time, the DEVELOPER, can provide sufficient documentation to the CITY that the certification on the SUBJECT PROPERTY has been fully reinstated. If for any reason the state certification is terminated, the building on the SUBJECT PROPERTY may be utilized as (i) a private pay, market rate assisted living facility under the same terms, by the DEVELOPER or by a different owner, subject to a license to operate from the Illinois Department of Public Health; or, (ii) a 55 year or older senior housing facility, subject to applicable building and housing requirements relating to any change in the number of approved living units. Provided, however, in no event shall the number of living units be increased. The only permitted uses for the SUBJECT PROPERTY are the uses set forth above. No other uses are allowed or permitted without amendment of this Agreement. 5. Building Design. DEVELOPER agrees that the proposed building constructed on the SUBJECT PROPERTY shall have an appearance substantially in accordance with Exhibit D, entitled "Living Springs of McHenry Senior Housing", prepared by Gleason Architects, ld—at-77 arch 25, 2005, and last revised January 17, 2006, attached hereto and made a part of this Agreement by reference. 6. Landscape Plan. Prior to the issuance of a building permit by the CITY, DEVELOPER shall submit a final landscaping plan for the SUBJECT PROPERTY. The final landscaping plan shall be in substantial accordance with Exhibit E entitled "Conceptual Landscape Plan," prepared by Manhard Consulting and dated March 24, 2005, attached hereto and made a part of this Agreement by reference (hereinafter referred to as "Landscape Plan"). The CITY shall review the final landscaping to determine conformance with the Conceptual Landscape Plan. Prior to the issuance of the first occupancy permit on the SUBJECT PROPERTY, DEVELOPER shall implement and install the plant material depicted on the final landscape plan. 7. Tree Survey and Preservation Plan. DEVELOPER shall provide a tree survey and preservation plan for review and approval by the CITY within ninety (90) days of approval of the final plat of subdivision for the SUBJECT PROPERTY, in accordance with the CITY'S Tree Preservation ordinance. Curb, Gutter and Sidewalks. DEVELOPER shall install public sidewalks, concrete curb and gutter, and an enclosed storm sewer system, designed and constructed in accordance with the ordinances of the CITY. In any instance, the CITY shall have the option of requesting cash, in the amount of the proposed sidewalk improvements, in lieu of installation of said improvement. Sanitary Sewer and Water. a) The SUBJECT PROPERTY shall be developed with municipal sanitary sewer and water. DEVELOPER 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 not currently sanitary sewer treatment plant capacity available from the CITY to service the SUBJECT PROPERTY, and the CITY does not agree to reserve any capacity for the 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 Page 3 of 14 Draft, 2/6/06 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) DEVELOPER shall cause to be financed and/or constructed all municipal sanitary sewer system and water supply and distribution system improvements required to meet the expected demand as a result of development of the SUBJECT PROPERTY, subject to credit for tap -on and capital improvement fees for sewage treatment plant improvements, and water tower, well, and treatment improvements. d) The CITY shall exercise its power of eminent domain, if necessary, to assist DEVELOPER in obtaining all necessary easements, not already in existence, to enable the installation of the aforesaid sanitary sewer and water improvements. DEVELOPER 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. 10. Underground Utilities. DEVELOPER shall install underground, at DEVELOPER'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. 11. Road Improvements and Contributions. a) DEVELOPER shall construct a northbound right turn lane on Crystal Lake Road to serve the SUBJECT PROPERTY, in accordance with the codes and ordinances of the City of McHenry. This lane shall be constructed prior to the issuance of the first occupancy permit for a residential unit. b) DEVELOPER shall dedicate 10 feet along the Crystal Lake Road frontage of the SUBJECT PROPERTY for right-of-way purposes. c) DEVELOPER shall provide as set forth in the Site Plan a non-exclusive thirty (30) foot ingress/egress easement in a configuration that allows access onto Crystal Lake Road through the SUBJECT PROPERTY for the adjacent properties. The CITY shall be a third party beneficiary of said easement to prevent any amendments to said easement without the consent of CITY. If the adjacent properties are developed or re -developed under the codes and ordinances of the CITY, the CITY shall notify the DEVELOPER within thirty (30) days of receiving a completed building permit application, of the pending development. DEVELOPER agrees to construct their portion of the access easement pursuant to the CITY'S driveway regulations, within ninety (90) days, weather permitting, of notification by the CITY. d) DEVELOPER shall provide an ingress/egress easement in a configuration that allows the general public pedestrian only right of access to Cold Springs Park. DEVELOPER shall also provide an ingress/egress easement for the benefit of the CITY, allowing for CITY pedestrian and vehicular access to Cold Springs Park. These ingress/egress easements, for the benefit of the public and the City, shall be finalized upon completion of the final engineering of the SUBJECT PROPERTY. Page 4 of 14 Draft, 2/6/06 12. Reserve Right-of-way. The DEVELOPER shall provide as set forth in the Site Plan a non- exclusive seventy (70) foot ingress/egress easement (60-feet of right-of-way and a 10' public utility easement) in a configuration that allows access southwest to northeast through this site with the ability to connect to the adjacent parcels. It should be located along the eastern edge of their property to be located east of the proposed detention area. The detention area should be designed with this roadway in mind. In addition, the site plan shall label this area as "Reserved for Future Right-of-way" until such time that the right-of-way is to be improved. DEVELOPER, or current owner, shall not be responsible for the cost or construction of improvements on the right-of-way. 13. Donations, Contributions, and Fees. DEVELOPER acknowledges that the development of the SUBJECT PROPERTY will impact 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, DEVELOPER 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 DEVELOPER shall pay to the CITY the lump sum of $4,843, representing $1,000 per acre, within ninety (90) days following City Council approval of the annexation of the SUBJECT PROPERTY to the CITY. ii. DEVELOPER shall pay to the CITY the sum of $596 per residential unit constructed on the SUBJECT PROPERTY upon issuance of each building permit. iii. DEVELOPER shall pay to the CITY the sum of $130 per unit ($65 to the Fire Protection District and $65 to the Library District) constructed on the SUBJECT PROPERTY upon issuance of the first occupancy permit. b. Cash Donations i. DEVELOPER 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 DEVELOPER to the CITY shall be calculated as follows: School Districts Parks Library Dist. Fire Dist. Total per Unit Apartments Total 156 15 Efficiency $0 $0 $0 $2,175 $281 $281 $2,737 1 Bedroom $0 $0 $0 $2,954 $281 $281 $3,516 2 Bedroom $906 $317 $589 $3,224 $281 $281 $4,692 3 or More Bedrooms $4,076 $1,427 $2,649 $5,132 $281 $281 $9,770 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 Page 5 of 14 Draft, 2/6/06 time, an amount equal to the amounts specified in the CITY'S ordinances, after adjustments as calculated above for land 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, DEVELOPER 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 DEVELOPER pursuant to the CITY'S ordinances, DEVELOPER expressly agrees to allow the CITY or School Districts to retain the Minimum Cash Contribution Amounts previously paid by the DEVELOPER. It is the express intent of the DEVELOPER 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. Release DEVELOPER hereby releases the CITY, School Districts 15 and 156, Library District, and Fire Protection District from any and all liability or damage to DEVELOPER 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. DEVELOPER 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, DEVELOPER 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, the Library District or the Fire Protection District. f. Annual Adjustment Beginning on May 1, 2006, the fees referenced in the preceding paragraphs a) ii, a) iii, and b) i, and shall be adjusted upward by the percent that the Chicago Area Consumer Price Index has moved upwards since December 31, 2004, and every December 3155 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. Page 6of14 Draft, 2/6/06 14. Binding Effect and Term This Agreement shall be binding upon and inure to the benefit of the parties hereto in accordance with statutory provisions, 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. 15. 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. 16. 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 333 S. Green Street McHenry, IL 60050 DEVELOPER Living Springs of McHenry, LLC 5000 W. Roosevelt Road Chicago, IL 60644 With a copy to: Daniel J. Kubasiak, Esq. Kubasiak, Fylstra, Reizen & Rotunno, P.C. 20 S. Clark St Suite 2900 Chicago, IL 60603 OWNER Kenneth and Patsy O'Halleran 4609 W. Crystal Lake Road McHenry, IL 60050 With a copy to: Law Offices of Patrick McAndrews Mr. Patrick McAndrews 4318 W. Crystal Lake Road, Suite A McHenry, IL 60050 17. 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 DEVELOPER, and DEVELOPER may forthwith proceed to correct such violations as may exist; provided, however, that the CITY shall give notice in advance to the DEVELOPER 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. Page 7 of 14 Draft, 2/6/06 18. Ordinance Chanizes Except as otherwise specified herein, all ordinances of the CITY and other applicable jurisdictions shall apply to the SUBJECT PROPERTY, DEVELOPER 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 SUBEJCT PROPERTY, so long as such amendments or modifications are non-discriminatory in their application and effect throughout the CITY or other applicable jurisdictions. 19. Obligations All obligations of the DEVELOPER 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. DEVELOPER 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. 20. 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 may be 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. 21. 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 DEVELOPER shall continue in full force and effect. 22. 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 competent jurisdiction, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. IN WITNESS HEREOF, the parties hereto have executed this Agreement as of the date indicated above. CITY OF MCHENRY B: � 0 4_� MAYOR Print Name:d��a/za/_/ z '"''o R/ Its• Gy/�iii11��.G Page 8 of 14 Draft, 2/6/06 OWNER ,[ J By: Kenneth O'Halleran O \ By. r) Patsy O'H ran Page 9 of 14 Draft, 2/6/06 Exhibit A Legal Description of the O'HALLERAN PROPERTY LOTS 17 AND 18 IN KELTER ESTATE SUBDIVISION UNIT NO. 1, BEING A SUBDIVISION OF PART OF SECTION 34, TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 14, 1949 AS DOCUMENT NO. 218953, IN BOOK 10 OF PLATS, PAGE 112, IN MCHENRY COUNTY, ILLINOIS. PIN #S: 09-34-252-001 AND 09-34-251-011 Page 10 of 14 Draft, 2/6/06 EXHIBIT B Legal Description of the RELATED PROPERTY THAT PART OF THE NORTH HALF OF SECTION 34, TOWNSHIP 45 NORTH, RANGE 8 EAST, OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF LOT 17 IN KELTER ESTATE SUBDIVISION — UNIT 1, BEING A SUBDIVISION OF PART OF SAID SECTION 34 RECORDED MARCH 14, 1949 AS DOCUMENT NUMBER 218953, SAID POINT ALSO BEING THE SOUTHWESTERLY CORNER OF LOT 15 IN KELTER ESTATE SUBDIVISION — UNIT 2, RECORDED AUGUST 4, 1951 AS DOCUMENT NUMBER 245499; THENCE SOUTH 50 DEGREES 11 MINTUES 27 SECONDS WEST, 59.91 FEET (60 FEET -RECORD) TO A POINT ON THE NORTHEASTERLY LINE OF LOT 18 IN SAID KELTER ESTATE SUBDIVISION — UNIT 1; THENCE NORTH 40 DEGREES 23 MINUTES 42 SECONDS WEST, ALONG SAID NORTHEASTERLY LINE, 778.10 FEET, TO THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF CRYSTAL LAKE ROAD (COUNTY HIGHWAY 6) SAID LINE BEING 40.00 FEET SOUTHEASTERLY OF AND CONCENTRIC TO THE CENTERLINE OF SAID CRYSTAL LAKE ROAD; THENCE NORTHEASTERLY, 60.84 FEET (60.8 FEET RECORD), ALONG SAID SOUTHEASTERLY RIGHT-OF-WAY LINE, BEING A NON -TANGENT CURVE, CONCAVE SOUTHEASTERLY, HAVING A RADIUS OF 2824.93 FEET, A CHORD BEARING NORTH 39 DEGREES 31 MINUTES 50 SECONDS EAST, AND A CHORD DISTANCE OF 60.83 FEET TO A POINT ON THE SOUTHWESTERLY LINE OF SAID LOT 17; THENCE SOUTH 40 DEGREES 23 MINUTES 42 SECONDS EAST, ALONG SAID SOUTHWESTERLY LINE, 789.36 FEET (789.58 FEET — RECORD), TO THE POINT OF BEGINNING. CONTAINING 46,954 SQUARE FEET, (1.078 ACRES) MORE OR LESS. PERMANENT INDEX NUMBERS: 09-34-252-001 AND 09-34-251-011 Commonly Known As: 4609 West Crystal Lake Boulevard, McHenry, Illinois 60050 Page 11 of 14 0 a nLL LL N y rn ` L S m G yaa�3 a��s§ H F,--,,4 h t� t �- 0 L- 0 .a U) z 0 zy a O �soa' l ij La7� $i pain 1,; ,t- n