HomeMy WebLinkAboutOrdinances - ORD-09-1493 - 12/14/2009 - AUTHORIZE EXECUTION 2ND AMDMT REDEV AGMT MCHENRY RORDINANCE NO.ORD-09-1493
An Ordinance Authorizing Execution of a Second
Amendment of a Redevelopment Agreement with
McHenry Riverwalk Center LLC
WHEREAS, the City has the authority to adopt ordinances and to promulgate rules and regulations that
pertain to its government and affairs and that protect the public health, safety, and welfare of its citizens.
NOW, THEREFORE, BE IT ORDAINED by the CITY COUNCIL of the CITY OF McHENRY,
McHenry County, Illinois, as follows:
SECTION 1: The Mayor and City Clerk are authorized to execute Second Amendment to
Redevelopment Agreement between the City of McHenry, McHenry Riverwalk Center LLC, Curtis Commercial
Inc. and Curtis Commercial, Inc. a true and correct copy of which is attached hereto.
SECTION 2: If any section, paragraph, subdivision, clause, sentence or provision of this
Ordinance shall be adjudged by any Court of competent jurisdiction to be invalid, suchjudgment shall not affect,
impair, invalidate or nullify the remainder thereof, which remainder shall remain and continue in full force and
effect.
SECTION 3: All ordinances or parts of ordinances and motions in conflict herewith are hereby
repealed to the extent of such conflict.
SECTION 4: This Ordinance shall be in full force and effect upon its passage, approval and
publication in pamphlet form (which publication is hereby authorized) as provided by law.
Passed and approved this 14t' day of December, 2009.
Voting Aye:
Blake, Wimmer, Condon.
Voting Nay:
Santi, Schaefer.
Absent:
Glab, Peterson.
Abstain:
None.
Not Voting:
None.
APPRO fD:
Mayor Susan E. Low
(SEAL)
ATTEST:
ity erk J ce Jones
Second Amendment to Redevelopment Agreement
THIS SECOND AMENDMENT TO REDEVELOPMENT AGREEMENT ("Second
Amendment") is entered into this 14`h day of December. 2009, between the City of McHenry, an
Illinois municipal corporation ("Cit)"), McHenry Riverwalk Center, LLC, an Illinois limited
liability company ("Developer") and Curtis Commercial, Inc ("Former Developer").
RECITALS
A. On or about March 5, 2007 the City entered into a Redevelopment Agreement
with the Former :Developer ("Original Agreement"), which, in accordance with the terms of this
Second Amendment, the Former Developer desires to hereby assign all of its right title and
interest in and to the Original Agreement to the Developer pursuant to this Second Amendment.
All capitalized terms not defined herein shall have the definitions set forth in the Original
Agreement.
B. On or about April 7, 2008, the parties to the Original Agreement executed a First
Amendment to Redevelopment Agreement ("First Amendment").
C. The parties hereto desire to entirely replace the First Amendment with this Second
Amendment.
NOW, THEREFORE, the parties, for good and valuable consideration, the receipt and
sufficiency of which are hereby acknowledged, agree as follows:
1. Incorporation of Recitals. All of the recitals contained in this Second
Amendment are true and correct and are hereby incorporated into this Second Amendment as
though they were fully set forth in this Section 1. This Second Amendment replaces in whole the
First Amendment and the terms of this Second Amendment shall be deemed effective as of April
7, 2008.
2. Return of Expense Deposit. Developer shall be entitled to remove the Expense
Deposit that it deposited in connection with the Original Agreement from the segregated account
and shall have no further obligations with respect to the Expense Deposit.
3. Coonstruction.
a. Section 4 of the Original Agreement is hereby amended by deleting "but
in any event not later than August 1, 2007."
b. Section 4 of the Original Agreement is hereby amended to provide that
any boat piers constructed by Developer on Boone Lagoon, shall be constructed at its cost and be
designed and constructed the same as those constructed as part of the Riverwalk Place
Subdivision to the east of the Subject Property. Any and all boat piers so constructed by
Developer on Boone Lagoon shall be and available to the general public and be constructed
parallel to the Subject Property water front and be in the nature of a temporary docking (not
overnight) use. The City shall provide Developer with necessary construction and access
easements from the Subject Property to Boone Lagoon for the construction and use of boat piers.
4. Parking Requirements/Offsite Improvements. The Developer shall perpetually
reserve five (5) open onsite public parking spaces on the east side of the parking lot constructed
on the Subject Property for use, at no charge, by the general public and shall include the required
number of handicapped spaces, in accordance with the current applicable Illinois Accessibility
Code. Contemporaneously with construction of the parking lot constructed on the Subject
Property, the Developer shall, at its sole cost and expense, reconstruct the existing public parking
lot depicted on the attached Exhibit A prepared by Haeger Engineering dated 10-6-09 relative to
its project no. 07-039E. The City's consulting engineer shall prescribe the. specifications of said
construction.
5. Covenants. Prior to issuance of any occupancy permits, Developer shall draft
and file with the McHenry County Recorder of Deeds restrictions and covenants against the
Subject Property ("Covenants"). The Covenants shall be subject to review and approval by the
City and shall include provisions that the City is a third party beneficiary thereof with the power
to enforce the same, and that no amendment that affects the rights of the City thereunder shall be
effective without the prior written consent of the City, which shall not be unreasonably withheld.
The Covenants shall include the following, at a minimum: (a) any construction of Boone Lagoon
piers must be consistent with that of Riverwalk Place subdivision.; (b) use of Boone Lagoon
piers shall be for temporary docking only, available to the general public and shall not be used
overnight; (c) the association created shall have all maintenance obligations with regard to the
parking lot constructed on the Subject Property and the adjacent pier constructed on Boone
Lagoon; and (d) the allocation and reservation of the public parking spaces required hereunder.
The parties hereto acknowledge that all maintenance of the Subject Property, improvements
constructed thereon, including the public parking space, shall be the obligation of the Developer
and the covenants shall so reflect.
6. Transfer of Property Conditions. Section 5 of the Original Agreement is
hereby modified by deleting "and (iii) filing with the City Clerk the Letter of Credit referenced
herein (which deposit shall be made simultaneously upon conveyance of title to the Subject
Property to Developer)."
7. Letter of Credit; Closing. Notwithstanding anything to the contrary in the
Original Agreement, the transaction contemplated here under shall close and Developer shall file
the letter of credit referenced in the Original Agreement with the City Clerk's office no later than
June 15, 2008, which date may only be extended by written agreement signed by the City mayor
and Developer.
8. Security for Project Construction. If Developer is required to post security in
connection with the construction of public improvements, such security shall be in the form of a
letter of credit rather than a surety bond. The form and substance of the letter of credit shall be
subject to the reasonable approval of the City attorney.
9. Conveyance of Piers/Slips. The City shall convey the four (4) piers and eight (8)
slips via a Pier and Boat Slip Access Easement and Assignment in substantially the same form as
attached hereto as Exhibit H.
10. Assignment. The Former Developer hereby assigns all of its right title and
interest in and to the Original Agreement, as amended by this Second Amendment, to the
Developer and the City hereby consents to such assignment.
2
11. Title Company. All references in the Original Agreement to "Heritage Title
Company" shall be revised to read "First American Title Insurance Company."
12. Title Insurance. Notwithstanding anything to the contrary in the Original
Agreement, the Title Policy paid for by the City shall be in an amount equal to $1,348,972,
which is the agreed upon value of the Subject Property.
13. Exhibit B. The floor plan for the First Floor attached as Exhibit B to the Original
Agreement shall hereby be deemed amended to delete the reference to "'2 Level Parking Garage"
and read "A parking lot providing five (5) open public parking spaces on the east side of the
parking lot, nine (9) covered private parking spaces and sixteen (16) private parking garages and
shall be constructed here."
14. Exhibit D. Exhibit D of Original Agreement is hereby deleted and replaced with
Exhibit D attached hereto.
15. Exhibit E. Section 7 of the Original Agreement shall be amended replacing the
provision in section 7 (iii) with the following: "7 (iii) reimburse the Developer for $624, 028
relating to the following costs: public parking spaces within the parking lot ($182, 430), public
boat pier ($47,000) landscaping improvements ($110,598) and site development ($284,000); "
and no other changes to Section 7. In addition, Exhibit E to the Original Agreement shall be
amended replacing the reference to "Public Parking Deck... $424, 028 " with the following:
"$624, 028... (allocated as follows: public parking spaces within the parking lot (S182, 430),
public boat pier ($47, 000) landscaping improvements ($110, 598) and site development
($284,000);". In addition, Exhibit E to the Original Agreement shall be amended replacing the
reference to $2,000,000 with $2,200,000. No other changes to Exhibit E to the Original
Agreement are hereby made.
16. Advertising Signs. During construction of the Project, Developer shall be
permitted to place advertising information on one side of its construction fencing along Green
Street.
17. Conflicts. In the event the terms of this Second Amendment conflict with the
terms of the Original Agreement, the terms of this Second Amendment shall govern. Except as
specifically provided herein, the Original Agreement shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Second Amendment to
be executed by their duly authorized officers on the above date at McHenry, Illinois.
City of McHenry
By:
iIts Mayor
McHenry Riverwalk Center, LLC
By:
,.,�JoS Curtis, Its Manager
Curtis Commercial, Inc.
By:
John Curtis, Its President
McHENRY RIVERWALK 2nd AMENDED
DEVELOMENT PRO FORMA DEVELOPMENT
AGREEMENT
7-Dec-09
LAND
Land
$
1,348,972
Closing Costs
$
10,000
TOTAL LAND
$
1,358,972
CONSTRUCTION
Parking Garage
$
524,096
Site Work
$
749,126
Shell, Residential and Retail
$
6,630,557
Contingency
$
55,052
TOTAL CONSTRUCTION
$
7,958,831
SOFT COSTS
Permits and Fees
$
237,000
Interest Expense
$
718,000
Other Soft Costs
$
3,245,057
Contingency
$
140,000
TOTAL SOFT COSTS
$
4,340,057
TOTAL P ROJ ECT COSTS
$
13,657,860
LESS: Land and Permit
$
(1,575,972)
NET PROJECT COSTS
$
12,081,898
TIF Reimbursement
$
624,028
FORECASTED REVENUE
$
11,283,330
FORECASTED PROFIT $ (174,530)
Exhibit D to Second Amendment to Redevelopment Agreement
EXHIBIT H
Pier and Boat Slip
Access Easement and
Assignment
Prepared $y/M:ail To:
David W. McArdle
ZUKOWSK19 ROGERS,
FLOOD & Mr-ARDLE
so Virginia Street
Crystal Lake, IL 60014
WHEREAS, the City of McHenry, an Illinois Municipal Corporation, ("Grrant&r is the,
owner of certain real property descn`bed on Exhibit 1, attached hereto and made a part hereof ("Real
EsW?); and
WHEREAS there is located adjacent to the Real Estate in the Riviera Marina ("Marina"), a
number of piers and boat slips including.4 piers labeled A- D, containing 8 boat slips numbered 1- 8
depicted on Exhibit 2, attached heretq and made a part hereof ("Conveyed Piers and SIipel; and
WHEREAS, McHenry Riverwalk Center, LLC ("Grantee's is the developer and owner of a
certain proposed condominium project in the City of McHenry (`J'oaec 'j,
WHEREAS, the Parties wish Ito provide for a perpetual easement of access to the Conveyed
Piers and Slips by Grantee, its successors and assigns and assignment of the Conveyed Piers and
Slips'to Grantee.
NOW THEREFORE, in consideration of the promises and covenants made in,this document
and related closing documents, the Parties hereto agree as follows:
EASEMENT AND LICENSE CONVEYANCE
1, The Grantor does hereby grant and convey to Grantee, its successors and assigns, an
exclusive perpetual easement of access to the Conveyed Piers and Slips along and
across that part of the Real Estate legally described and shown as "10' Pedestrian
Access Easement" on Exhibit 2 ("Exclusive Easement'.
2. The Grantor does hereby further grant and convey to Grantee, its successors and
assigns, a nonexclusive revocable license for vehicular access, loading, automobile
parking, and related uses over that part of the Real Estate depicted as "Vehicle
License" on Exhibit 2 (`'Vehicle License"). The Vehicle License is revocable and
terminable by the Grantor, in its discretion, at any time, upon 30 days nonce to
Grantee and all persons or entities owning and holding rights in the Conveyed Piers
and Slips; provided, however, that Grantor shall not be allowed to revolve or
terminate the Vehicle License while any party other than Grantor, its successors or
assigns has a right to use parking spaces on the Real Estate,
Exhibit R to Second Amendment to Redevelopment Agreement,.
3. The term of the Exclusive Easement shall commence on the date of this instrument
and shall run in perpetuity unless sooner terminated by: (a) written agreement
executed by all persons and entities owning and holding rights in the Conveyed Piers
and Slips and the Grantor, or (b) a written termination agreement recorded by Grantor.
or First American Title Company, as designated escrowee, upon Grantee's material
breach of its obligations under that certain Redevelopment Agreement dated March
5, 2007 between Grantor and Grantee. The term of the Vehicle License shall
commence on the date of this instrument and shall run in perpetuity unless sooner
terminated by: (a) a written notice executed by Grantor, or (b) a written termination
agreement recorded by Grantor or First American Title Company, a designated
escrowee, upon Grantee's material breach of its obligations under that certain
Redevelopment Agreement dated March 5, 2007 between Grantor. and Grantee.
4. During the term of the Exclusive Easement and the Vehicle License, Grantor shall
maintain the Exclusive Easement area and the Vehicle License area in good condition
at its own cost and expense.
5. TheExclusive Easement, Vehicle License, the restrictions hereby imposed and the
covenants herein contained shall be easements, licenses, restrictions and covenants
running with the title to the Real Estate and shall be binding upon, and inure to the
benefit of, the parties hereto and their respective heirs, assigns and successors -in -
interest and/or title. The Real Estate shall hereafter be owned, held, transferred, sold,
conveyed, demised, devised, leased, mortgaged, occupied, used and enjoyed subject
to the benefits and burdens, as the case may be, of the provisions of this instrument
until such time as this instrument is released, terminated or cancelled, in whole or in
part, as provided for herein.
6. Grantor warrants and covenants that Grantor has fee simple title to the Real Estate.
7, Neither Grantee, nor its successors and assigns, shall transfer, sell or assign said
Exclusive Easement or said Vehicle License without the written consent of the
Grantor except that, without the prior written consent of Grantor: (a) Grantee may
assign an interest in said Exclusive Easement and an interest in said Vehicle License
to (i) owners of units in the Project and to owners of Slips (as hereinafter defined), or
to (H) an association or agent fox' the benefit of wit owners in the Project or owners
of Slips, and (b) owners of Slips may convey their interest in the Exclusive Easement
and their interest in the Vehicle License to any person or entity to which they convey
their Slip.
8, Grantee, its successors and assigns agree to abide by all rules and regulations
imposed by Grantor or other regulatory agencies regarding the use of the Conveyed
Piers and Slips, which rules and regulations may be instituted and amended from
time to time pertaining to the use of all Conveyed Piers and Slips on the Real Estate,
In addition to such rules and regulations instituted from time to time by Grantor or
other regulatory agencies regarding the use of the Conveyed Piers and Slips, prior to
the sale of any, Conveyed Piers and Slips, Developer shall develop riles and
regulations ("Slip Regulations') to be incorporated by reference in any document
evidencing the sale and assignment of a Slip. The Slip Regulations shall be subject
to review and approval by the City and shall include a provision that the City is a
third party beneficiary thereof wish the power to enforce the same. Such Slip
Regulations shall include, at a minimum:
a. Proof of insurance for each boat owner is required.
b. Boat slips must be owner occupied — no rentals,.'
c. Slip owners must pay flat fee for electric and water costs/year in accordance
with the fees imposed by the operator of the Marina. "
d. No TV antennas are allowed; dishes are permitted.
e. Dock boxes are not allowed— only use of previously designated area will be
allowed.
f. The marina operator shall have the ability.to. shut-bff boat air conditioners left
running.
g. No boatlifts are allowed.
h. No parking on the grass is allowed.
i. The piers must be kept in good and well kept condition."
j . Only one vehicle per Slip shall be permitted at any one time in the Vehicle
License area.
k. The license plate number of each vehicle parked in the Vehicle License area
must be provided to the current operator of the Marina.
1. No overnight parking of vehicles shall be allowed.
m: A Slip owner shall not be permitted to park a vehicle in the Vehicle License
area during those periods that the owner's boat has been removed from the
water.
9. In the event all of the Conveyed Piers and Slips are relocated off -site of the Marina in
which they are currently located, the Exclusive Easement and the Vehicle License
shall be deemed abandoned and terminated without any further action by the Grantor
or Grantee.
10. In the event that the Grantor's conveyance of Slips is ineffective or void for any
reason, Grantor shall take all necessary action to convey the same number of Slip
rights to Grantee from its previously acquired Stanton Bay Reserve. Ln the event that
Grantor chooses to remove the Conveyed Piers from the Riviera Marina for any
reason, then the Grantor shall either (x) at its sole expense, and with full cooperation
of the Slip owners, relocate the same number of Slips to another location within the
same trading zone as the Rivera Marina or (y) repurchase each Slip right from the
current Slip owner for a purchase price of $30,000 each provided, however, in this
situation, a Slip owner shall not be forced to resell its Slip right to Grantor. In
connection with a relocation of replacement piers, the Grantor shall grant to the Slip
owners any easements, to which it has rights, necessary to access the replacement
piers. In addition, to the extent that Grantor has right or title to.adjacent or nearby
parking area, the Grantor shall grant each Slip owner the right, by easement or
license, to use the same. The Grantor shall bear all costs in connection with the
relocation of the Slip owners to the replacement piers.
PIERS AND BOAT SLIP ASSIGNMENT
I . Grantor hereby sells and assigns to Grantee all of its right, title and interest in and to
the 4 piers labeled A-D (`Piers") on Exhibit 2 along with the contiguous 8 slips
numbered 1-8 on Exhibit 2 ("Slips') ('Including all rights to transfer such right, title
and interest in the Slips elsewhere in the trading zone). Based upon the Department
of the Army's letter to the City Attorney dated January 3, 2008 reference Proj ect No.
LRC-2007-557, Grantor hereby warrants title 'to the Conveyed Piers and Slips to
Grantee to be free and clear of all liens and encumbrances
2. Grantor warrants and covenants that Grantor has title to the Conveyed Piers and
Slips.
3. Grantee, its successors and assigns shall have the right to transfer the Conveyed Piers
and Slips without the prior written consent of Grantor, provided, however, Grantor
hereby reserves and Grantee hereby grants �to Grantor, a fast right of refusal ("Right
of First Refusal') with respect to any sale of a Pier arid/or Slip to a third party (other
than sales to owners of units in the Project or sales of Piers and Slips in connection
with the sales of units in the Project) by any successor owner to Grantee (each a
"Seller"). This Right of First Refusal shall not apply to sales by Grantee -which sales
are governed by section 4 below. In the event that a Seller shall receive a bona fide
offer to purchase a Slip, such Seller shall deliver to Grantor a copy of the offer,
Grantor shall Have until the seventh (7� business day after the date of Grantor's
receipt of the offer within which to exercise the Right of First Refusal by providing to
Seller a written contract signed by Grantor on the same material terms and conditions
as contained in said offer, If Grantor shall decline to exercise the Right of First
Refusal by not submitting such written contract to purchase the Slip or does not
respond within such seven (7) business day period, Seller may sell the Slip to such
bona fide offeror without further notice or obligation to Grantor,
4. Grantor hereby reserves, and Grantee hereby grants to Grantor, a right of flist offer
{"Right of First Offer") with respect to any sale of a Pier and Slip by Grantee to a
third party that is not also a purchaser or owner of a unit in the Project. Prior to
beginning sales of piers and slips to non -owners or non purchasers of units at the
Project, Grantee shall provide Grantor with notice of Grantee's intent to begin sales
of piers and slips separately from the sale of units in the Project. Grantor shall have
until the fourteenth (14) business day after the date of Grantor's receipt of the notice
within which to exercise the right of First Offer and then Grantor and Grantee shall
enter into a contract with Grantee to purchase any of the piers and slips on the same
terms and conditions as the piers and slips will be offered to the public, except for the
purchase price, which shall be equal to $30,000. If Grantor shall decline to exercise
the Right of First Offer and not enter into a written contract to purchase any of the
piers and slips or does not respond within such fourteen (14) business day period,
Grantee may sell the piers and slips to third parties that are not purchasers or owners
of units in the Project without further notice or obligation to Grantor.
5. Grantee shall be prohibited from leasing Piers and Slips to anyone other than owners
of units in the Project. This prohibition on leasing shall not apply to Slip owners
other than the Grantee and such Slip owners shall be permitted to lease their Slips
without the consent of Grantor,"
[Signature Page Follows]
Wherefore the Parties have executed this Agreement, this day of , 2008.
Grantor: City of McHenry
By; usan E. Low, Mayor
Z,WMcHenryCityOCurds\Pior and Boat Slip Amignmwt2 DOC
Grantee: McHenry Fdverwalk Center, LLC.
By:
State of Illinois }
) ss;
County of McFlenry )
I, the undersigned, a Notary Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY THAT Susan E. Low, the Mayor of City of McHenry, an Illinois Municipal
Corporation, and attested to by personally known to me to be the same
person whose tame is subscribed to the foregoing instrument, appeared before me this day in person,
and acknowledged that as such Mayor and they signed, sealed and
delivered the said instrument as their own free and voluntary act and as the free and voluntary act of
the corporation, for the uses and purposes therein set forth.
Given under my hand and notarial seal, this
My commission expires:
State of Illinois )
County of Cook )
_ day of ; 2008,
Notary Public
I, the undersigned, a Notary -Public in and for said County, in the State aforesaid, DO
HEREBY CERTIFY THAT , the
o f McHenry Riverwalk Center, LLC, anIllinois limited liability company, personally known to me to
be the same person whose name is subscribed to the foregoing instrument, appeared before me this
day in person, and acknowledged that as such , s/he signed, sealed and
delivered the said instrument as his/her own free and voluntary act and as the free and voluntary act
of the limited liability company, for the uses and purposes therein set forth.
Given under my hand and notarial seal, this Say of 02008.
My commission expires;
Notary Public
nCOR T= INSURANCE COMPANY
.? OWNER'S POLICY (1992)
POLICY NO.; 2000 000656777 SM SCBE ma A (CONTINUED)
S. TEE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS:
THAT PART OF THE NORTHEAST FRACTIONAL 1/4 (ON TEE WEST SIDE OF .THE FOX RIVER) OF
SECTION 35, TOWNSHIP 45 NORTH, RANGE 8, EAST OF THE THIRD RLVCIPAL MERIDIAN,
DESCRIBED AS FOLLOWS';
COMMENCING AT TEE NORTHEAST CORNER OF TIE WEST 1/2 OF TEE NORTHEAST 1/4 OF SAID
SECTION 35; THENCE SOUTHERLY ALONG THE WEST LINE OF THE NORTHEAST 1/4 OF THE
NORTHEAST 1/4 OF SAID SECTION, A DISTANCE OF 143.88 FEET TO THE SOUTHERLY LINE OF
A PRIVATE IJM AS SHOWN ON THE PLAT OF VENICE PARK, UNIT NO, 1, FOR THE PLACE OF
BEGINNING; THENCE CONTINUING SOUTHERLY ALONG THE WEST LINE OF THE NORTHEAST 1/4
OF THE NORTHEAST 1/4 OF SAID SECTION, A DISTANCE OF 445.5 FEET TO THE SOUTHEAST
CORNER OF LANDS CONVEYED TO CHAUNCEY BECMTB BY DEED RECORDED IN BOOR 34 OF
DEEDS, PAGE 337; THENCE EASTERLY ALONG A LINE THAT FORMS AN ANGLE OF 87 DEGREES
44 MINUTES 'TO THE LEFT WITS THE PROLONGATION OF THE LAST DESCRIBED COURSE, A
DISTANCE OF 865.2 FEET TO THE WESTERLY SHORE LnA OF THE FOX RIVER; THENCE
NORTHWESTERLY ALONG SAID WESTERLY SHORE LINE, A DISTANCE OF 298 FEET, MORE OR
LESS, TO TEE SOUTHERLY LINE OF A TRACT OF LAND CONVEYED TO CHARLES COLES BY DEED
RECORDED IN BOOR 392 OF DEEDS, PAGE SOS; THENCE NORTHWESTERLY ALONG THE SOUTEERLY
LINE OF SAID CHARLES COLES TRACT, A DISTANCE OF 464.0 FEET TO THE SOUTHWEST
CORNER OF SAID COLES TRACT; THENCE NORTHERLY ALONG THE WESTERLY LILNE OF SAID
COLES TRACT.' AND ALONG TEE WESTERLY LINE OF A TRACT OF LAND ACQUIRED BY TEE CITY
OF MC HENRI, THROUGH PROCREDIIJG HAM IN THE COUNTY COURT OF MC HENRY COUNTY,
ILL,INOIS AS CASE 170. 2593, A DISTANCE OF 11S.21 FEET TO THE SOUTHERLY LINE OF A
PRIVATE LANE AS SHOWN ON TEE PLAT OF VENICE PARK, 'UNIT NO 1; THENCE
NORTHWESTERLY ALONG SAID SOUTHERLY LINE, A DISTANCE OF 230.3 FEET TO THE PLACE OF
5EGLNNI5G; (EXCEPTING THAT PART OF THE NORTHEAST FRACTIONAL 1/4 OF SECTION 35,
TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS
FOLLOWS:
BEGINNING AT TEE SOUTHEAST CORNER OF THE PRIVATE LANE IN TEE VENICE PARK ADDITION
TO MC HENRY, UNIT NO, 1; THENCE SOUTH 0 DEGREES 37 MINUTES EAST, 218.21 FEET;
THENCE NORTH B6 DEGREES 45 )CMUTES WEST, 33.03 FEET TO THE PLACE OF BEGINNING;
THENCE NORTH 0 DEWMS 37 MINUTES WEST, 130.53 FEET TO THE SOUTHW'ESTEIZ.LY LINE OF
SAID PRIVATE LANE; THENCE NORTE 66 DEGREES 49.TZMMS WEST, 21.09 FEET; 'THENCE
SOUTH 0 DEGREES 37 MINUTES EAST, 137.99 FEET; THENCE SOUTH 86 DEGREES 45 MINUTES
EAST, 20.05 FEET TO THE PLACE OF BEGINNING), IN MC HENRY CO=, ILLINOIS. AND
ALSO (EXCEPTING THEREFROM THAT PART OF SAID SECTION 35 BOUNDED AND DESCRIBED AS
FOLLOWS, TO -WIT: BEGINNING AT THE SOUTHWEST CORNER OF A PIECE OF LAND DEEDED BY
SOPHRONIA BECKWITH TO GEORGE Hi. BECKWITH, SAID DEED BEING RECORDED IN THE
RECORDERS OFFICE OF MCIEENRY COUNTY, ILLINOIS, IN BOOK 84 OF DEEDS, ON PAGE 312,
SAID POINT BEING KKOWN AS TEE SOUTHWEST CORNER OF LOT 5 OF THE COUNTY CLERKS
FLAT OF THE NORTH 1/2 OF SECTION 35, TOWNSHIP 45 NORTE, RANGE 8 EAST OF THE THIRD
PRINCIPAL MERIDIAN; THME EAST ALONG THE SOUTH LINE OF SAID PIECE OF LAND SO
DEEDED 500 FEET TO THE SOUTHEAST CORNER THEREOF FOR A PLACE OF BEGINNING; THENCE
SO= 87 DEGREES 44 M=ES EAST, 895 FEET, MORE OR LESS, TO THE FOX RIVER;
THENCE NORTHEASTERLY ALONG THE WATER -IS EDGE OF TIE FOX RIVER 15 FEET, THENCE WEST
CONTINUED ON NE]CT PAGE Exhibit 1 to
Pier and Boat Slap
Access Easeneat and
THIS POLICY VALID ONLY IF SCBEDULE B IS ATTACHE! t
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• TICOR TTIT.B INSURANCE COMPANY
OWNEWS POLICY (1992)
POLICY NO.: 2000 000656777 SM SCHEDULE A (CORTINM)
PARALLEL WITH T P, LAST ABOVE DESCRIBED COURSE 855 FEET TO TEE EAST LINE OF THE
NORTEWEST 1/4 OF THE NORTHEAST 1/4 OF SECTION 35 AFORESAID, TEENCE SOVTS 15 n3T TO
TEE PLACE OF BEGINNING, (EXCEPTING AMID RESERVING THEREFROM THE WESTERLY 40 FEET
TiGREOF), ALL IN MCSENRY COUNTY, ILLINOIS.
THIS POLICY VALID ONLY IF SCHEDULE B IS ATTACHED.
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