MCHENRY COUNTY RECORDER PHYLLIS K. WALTERS

M~v e rrard Nc.u··us'IS

2005R0090422

10/25/2005 11:00Atl +13 W Lo..Ke_ Sbte. :t>~"" C..o.ry T.L ~oo 13

VILLAGE OF RINGWOOD, ILLINOIS

STATE OF ILLINOIS ) )

COUNTY OF MCHENRY )

PAGES 30

RECORD It~; FEE 72.00 COUNTY STAMP FEE STATE STAMP FEE RHSPS HOUSI N6 FEE

I, the undersigned, do certify that I am the duly appointed and acting clerk of the Village of Ringwood, Illinois, in the State and County aforesaid, and that I am the keeper of the minutes, journal of proceedings and other records of the President and Board of Trustees of the Village.

I do further certify that the attached is a true and correct copy of Ordinance No. 05-8-1 being an ordinance adopted August 15, 2005, providing for the annexation of certain described real estate to the Village of Ringwood, and an accurate plat of annexation of said real estate, as exhibit H.

IN WITNESS THEREOF, I have affixed hereto my official seal and signature this 151

h day of August, 2005.

05-60-6761

THE VILLAGE OF RINGWOOD

ORDINANCE NO. O~~ 8- I

AN ORDINANCE AUTHORIZING AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF RINGWOOD

AND FIRST MIDWEST BANK AS TRUSTEE UNDER

TRUST AGREEMENT DATED JANUARY 8, 2003, AND KNOWN AS TRUST NO. 13375, OWNER OF RECORD

AND GERST AD BUILDERS, INC., THE DEVELOPER

ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF RINGWOOD TillS lSTn DAY OF AUGUST, 2005

Published in pamphlet form by authority of the President and Board of Trustees of the Village of Ringwood, McHenry County, Illinois, this l5th day of August, 2005

Doc. 13

05-60-6762

THE VILLAGE OF RINGWOOD 1.

ORDINANCE NO. C>5'- f?-

ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF RINGWOOD THIS 15m DAY OF AUGUST, 2005

Published in pamphlet form by authority of the President and Board of Trustees of the Village of Ringwood, McHenry County, Illinois, this l5'h day of August, 2005

AN ORDINANCE AUTHORIZING AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF RINGWOOD AND

FIRST MIDWEST BANK AS TRUSTEE UNDER TRUST AGREEMENT DATED JANUARY 8, 2003, AND KNOWN AS TRUST NO. 13375, OWNER

OF RECORD A1~D GERST AD BUILDERS, INC., THE DEVELOPER

WHEREAS, First Midwest Bank as Trustee under Trust Agreement dated January 8,

2003, and known as Trust No. 13375, is the owner of record, (hereinafter referred to as the

"Owner") of the real estate which is legally described on Exhibit "G" attached hereto and by this

reference made a part hereof (hereinafter referred to as the "Subject Property").

PIN#: 09-05-351-002; 09-05-351-003; 09-05-351-005; 09-05-351-006; 09-05-351 -007; 09-08-

101-001; 09-05-376-002; 09-08-102-001; and 09-05-352-001.

WHEREAS, the Owner has asked that the Subject Property be annexed to the Village of

Ringwood, (hereinafter referred to as the "Village") in accordance with the terms and conditions

of an Annexation Agreement which is attached hereto marked Exhibit "A" and incorporated

herein by this reference; and

WHEREAS, a public hearing regarding the Annexation Agreement was held before the

Corporate Authorities of the Village pursuant to proper published notice.

2 Doc. 13

05-60-6763

NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF

TRUSTEES OF THE VILLAGE OF RINGWOOD, McHENRY COUNTY, ILLINOIS, as

follows:

SECTION ONE: The Annexation Agreement attached hereto and marked Exhibit "A"

be, and hereby is approved.

SECTION TWO: The Village President is hereby authorized to sign and the Village

Clerk is hereby authorized to attest the attached Annexation Agreement.

SECTION THREE: This Ordinance shall be known as Ordinance No. t/5··<$··/ and

shall be in full force and effect from and after its passage and approval in the manner provided by

law.

Passed by a two-thirds (2/3) vote of the Corporate Authorities of the Village of

Ringwood, McHenry County, Illinois this l51h day of August, 2005.

A YEs: &u et-,.hJa j) ~~ i,- :/#t/..4<1., ,f11Ulu14 l Out~) 1 )1/a.el NAYS: --zle1tr~.J

ABSTAIN: YJ~--NOT VOTING: =l.rtJ:tP ~~ ti.}~~ ,<.J.~ APPROVED THIS 15TH DAY OF AUGUST, 2005.

Q~C:J/ad_) Village President (

ATTEST:

·1)uexA-cJi!Aillk<~-vinage Clerk

0:\DOCS\Gerstad Builders\Baucr Zoning & Annexation\Ordinancc Authorizing Annexation Agreemenl Draft 3, 6-22-0S.wpd

3 Doc. 13

05-60-6764

EXHffiiTG ANNEXATION LEGAL DESCRIPTION

PARCEL 1: LOT 3 IN PLEASANT VALLEY SUBDIVISION UNIT N0.1, A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 5, AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, ALL IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 14, 1952 AS DOCUMENT NO. 253356, IN BOOK 11 OF PLATS, PAGE 52, IN MCHENRY COUNTY, ILLINOIS.

PARCEL 2: LOT 4 IN PLEASA1~T VALLEY SUBDIVISION UNIT N0.1, A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 5, AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, ALL IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 14, 1952 AS DOCUMENT NO. 253356, IN BOOK 11 OF PLATS, PAGE 52, IN MCHENRY COUNTY, ILLINOIS.

PARCEL 3: LOT 6 IN PLEASANT VALLEY SUBDIVISION UNIT NO.I, A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 5, AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, ALL IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 14, 1952 AS DOCUMENT NO. 253356, IN BOOK 11 OF PLATS, PAGE 52, IN MCHENRY COUNTY, ILLINOIS.

PARCEL 4: LOT 7 IN PLEASANT VALLEY SUBDIVISION UNIT N0.1, A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 5, AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, ALL IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 14, 1952 AS DOCUMENT NO. 253356, IN BOOK 11 OF PLATS, PAGE 52, IN MCHENRY COUNTY, ILLINOIS.

PARCEL 5: LOT 8 IN PLEASANT VALLEY SUBDIVISION UNIT N0.1, A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 5, AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, ALL IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 14, 1952 AS DOCUMENT NO. 253356, IN BOOK 11 OF PLATS, PAGE 52, IN MCHENRY COUNTY, ILLINOIS.

4 Doc. 13

05-6 0-6765

PARCEL 6: LOT 9 IN PLEASANT VALLEY SUBDIVISION UNIT N0.1, A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 5, AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, ALL IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDll\G TO THE PLAT THEREOF RECORDED MAY 14, 1952 AS DOCUMENT NO. 253356, IN BOOK 11 OF PLATS, PAGE 52, IN MCHENRY COUNTY, ILLINOIS.

PARCEL 7: LOT 11 IN PLEASANT VALLEY SUBDIVISION UNIT N0.1, A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 5, AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, ALL IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 14, 1952 AS DOCUMENT NO. 253356, IN BOOK 11 OF PLATS, PAGE 52, IN MCHENRY COUNTY, ILLINOIS.

PARCEL 8: THE WEST 1/2 OF THE NORTHWEST 1/4 OF SECTION 8 (EXCEPT THE SOUTH 20 ACRES THEREOF, AND ALSO EXCEPTING THAT PORTION OF PLEASANT VALLEY SUBDIVISION, UNIT NO. 1, AS RECORDED IN THE MCHENRY COUNTY PLAT BOOK 11, PAGE 52, LYING WITHIN THE BORDERS OF THE FIRST ABOVE-DESCRIBED WEST 112 OF THE NORTHWEST 1/4 OF SECTION 8 AFORESAID) IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN MCHENRY COUNTY, ILLINOIS.

PARCEL 9: BEGINNING AT THE SOUTHWEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 5; THENCE RUNNING 510.09 FEET NORTH TO THE CENTER OF MCARTHUR AVENUE; THENCE EAST ON THE CENTER LINE OF MCARTHUR AVENUE, 500 FEET TO THE CENTER OF ORCHARD DRIVE; THENCE SOUTH ON THE CENTER LINE OF ORCHARD DRIVE, 510.09 FEET TO THE SECTION LINE BETWEEN SECTIONS 5 AND 8; THENCE 500 FEET WEST TO THE PLACE OF BEGINNING, ALL IN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETHER WITH ALL THAT PART OF McARTHUR A VENUE LYING NORTH OFANDADJACENTTOHEREINDESCRIBED PARCEL9,ANDALLOF LUMLEYAVENUE LYING SOUTH OF THE NORTH LINE OF LOT 6 EXTENDED RADIALLY TO THE EAST LINE OF SAID LUMLEY AVENUE AND ALSO ALL OF ORCHARD DRIVE AS SHOWN ON SAID PLEASANT VALLEY SUBDIVISION, ALL IN McHENRY COUNTY, ILLINOIS.

5 Doc. 13

05-60-6766

EXHIBIT A ANNEXATION AGREEMENT

6 Doc. 13

05-60-6767

VILLAGE OF RING\VOOD GERSTAD/BA UER ANNEXATION AGREEl\1ENT

05-60-6768

This pre-a.rmexation agreement (the "Agreement"), is made and entered into this _ day of , 2005, by and among the Village of Rinhrwood, Illinois, an Illinois municipal corporation located in McHenry County, Illinois (the "Village"), and Gerstad Builders, Inc. (the "Developer") and First Midwest Bank as trustee under Trust No. 13375 (the "0\vner of Record"). (T he Village, Developer and Owner 3re hereinafter collectively referred as "Panics" and individually refeJTed to as a "Party").

Rfi:CTTALS

A. First M:idwest 13ank as trustee under Trust No. 13375 is the owner of record of approximately 75.3 acres of real property located generaJly South of Barnard Mill Road adjacent the cmrent boundaries of the Village of Ring\:t.'ood, in McHenry County, Illinois, which property is legal ly described on Exhibit G, attached hereto and incorporated herein by reference (the "Property").

B . The Parti es desire to enter into this Agreement pursuant to the provisions of 65 fLCS 5/11 -1 5.1-1 et seq., in accordance with the tem1s and conditions hereinafter set f01th.

C. The Property is not presently located within the corporate limits of any municipality, and is cont iguous to and therefore may be annexed to the Village of Ringwood, Illinois, as provided in 65 fLCS 5/7-1-1 ancl65 TLCS 5/7-1-8 .

D. Developer seeks to improve the property with single family detached residences substantially in accordance with the Concept Plan of the subdivision prepared by Gerstad Builders dated August 8, 2005 and identi-fied as Exhibit C attached hereto and incmvorated herein by reference (the "Concept Plan").

E. The Village acknowledges that the Developer' s proposed use of the Property will be compatible with and will further the planning objectives of the Viilage and that the annexation of the Property to the Vill age will be of substantial benefit to the Village, wil1 eventually extend the corporate limits and jurisdiction of the Vill age, will pennit orderly growth, planning and development of the Village, will i:1crease the tax base of the Village, and will promote and enhance the general welfare of the Village and its residents.

F. The Village of Ringwood R-1 single-family residential zoning district classification (as depicted on the Concept Plan) attached hereto marked Exhibit C is consistent with the Village Comprehensive Plan and the proposed zoning under the Village Zoning Ordinance, as currentl y amended (the "Zoning Ordinance").

G. The Village has agreed, once the property is annexed, to zone the Property as herein described, to approve the Concept Plan, and to grant the variations hereinafter described in order to facilitate Developer,s improvement of the Property in accordance with the Concept Plan.

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2

05 - 60-6769

H. Developer has filed with the Village Clerk a proper Annexation P etition (the " Annexation Petition") pursuant to 65 ILCS 5/7-1-8, signed by the mvners of record of the Prope11y and stating that there are no electors residing thereon.

T. Pursuant to the applicable provisions of the Illinois Municipa1 Code, a proposed Annexation Agreement similar in ~;ubstance and in form to this Agreement \Vas submitted to the Village .President and Village Board of the Village (hereinafter collectively refeJTed to as the "Corporate .A.mhorities") and a public heming was held, pursuant to notice as provided by statute.

J. Pursuant to notice, as required by statute and ordinance, a public hearing was held hy the Zoning Board of Appeals on the request of the ovmer of record for rezoning upon annexation of the Property, and the findings of fact and recommendations made by said body relative 1o such requests have been forwarded to t11e Coq)orate Authorities.

K. Due and proper notice of the proposed Annexation Agreement has been given to the McH.enry Tovmship Board of Trustee and the lvlcHenry Township Commissioner of Highways, more than ten (l 0) days prior to any action being taken on the annexation of the Property.

L. All other and further notices, publications, procedures, publ ic hearings and other matters attendant to the consideration and approval of this Agreement, the annexation and zoning of the Property, the review and approval of the Concept Plan, have been given, made, held and performed by the V illage as required by Section 6.5 ILCS 5/7- .1 - 1 and Section 65 ILCS 5/7-l -8 and 5/ 11-15.1-1 et seq. and all other applicable statutes, and all applicable ordinances, regulations and procedures of the Village.

M. The Corporale A uthoti ties have duly considered all necessary petitions to enter into this Agreement, have considered the recommendations of tl1e Zoning Board of Appeals in connection wlih the zoning and vmiati.ons requested for the Property, and have fu r ther duly considered the tenns and provisions of thi s Agreement and have, by a11 ordinance duly adopted by a vote of two-thirds (2/3) of the Coq)orate Authorities then hoJding office, author ized the President to execute, and the Village Clerk to attest, this Agreement on behalf of tl1e Village.

N. Developer has expended substantial sums of money and has materially al tered its position in reliance upon the execution of this Agreement and the perfonnance of its terms and provisions by the Village.

NOW, THEREFORE, in consideration of the foregoing recitals and the mutua l covenants and agreements herein made, the Paliies hereby agree as follows:

ARTICLE I

RECITALS The Parties ackno·wledge that the statements and representations contained in the

foregoing recitals are tme and accurate and incorporate Sllch recitzls into this Agreement as if fully set forth in this Article I.

ARTfCLE iT

ANNEXATION OF THE PROPERTY

A. Upon the execution of tJ1is agreement by all Parties, the Corporate Authorities shall annex the ptoperty to the Village and do ~Jl things necessary or appropriate to cause the Propetiy to be validly annexed to the Village.

B. Upon this A§,•Teement being fu1ly exccttted by all part ies, the property shall be annexed into the Village in its entirety at one time and val.idly classified under the Village zoning ordinance in accordance with and as contemplated by this Agreement, and the other approvals specified herein shall be granted, all at 6e times specified herein.

ARTfCLEHI

ZONING OF THE PROPERTY

At the same m eeting of the Corporate Authorities at which am1exation of the Property to the Village is accomplished , the Corporate Authorities shall enact such ordinances, adopt such resolutions, and take such other actions as are necessary to:

(i) zone the Property to the R- 1 single-family residential district classification

(ji) grant the following zoning variations:

(a) Minimum dwelling size on lots that do not abutt on the eastem subdivision bounda1y: 1 story 1800 sq. ft.; 2 stmy 2200 sq. ft.,

(h) Minimum frontage width: 100 feet at the building line, (c) Lot sizes: l 0 lots at 1.3 acres or greater; 23 lots less than 1.3 acres

and greater than or equal to 1 acre; 27 Jots less than I acre and greater than . 75 acres; 10 Jots equal to . 75 acres,

(d) Maximum number of lots: 70, (e) Average lot size: .99 acres.

(iii) approve the attached Concept Plan for the Property.

ARTICLE fV

CODES AND ORDINANCE; FEES

A. To the extent of any conflict, ambisruity or inconsistency between the terms, provisions or standards contained in this Agreement and the tenns, prov1sions or standards, either presently existing or hereafter adopted, of the Zoning Ordinance, the subdivision control ordinance, or any other Village code, ordinance or regulation, the tc1ms, provisions and standards of this Agreement shall govern and controL Notwithstanding the foregoing, if any Village code, ordinance or regulation is hereafter adopted, amended or interpreted so as to be less restrictive upon Developer v:.,ith respect to the development of the Property than is tbe case under current or then existing lav>' or this Jl.greement, then at tl1 e option of Developer, such less restrictive amendment or inleq)retation shall cont:-ol.

B. All codes, ordinances, rules and regulations of the Village in effect as of the elate hereof which relate t0 buj!ding, housing, plumbing, electrical and related restrictions affecting development of the Property shall continue in effect, insofar as they relate to the development of the Property, dwing the entire Term of this Agreement, except to the extent that said codes, ordinances, rules and rehTUiations are amended on a general basis so as to be applicable to all property within ihe Village, for purposes of directly furthering the public health and safety.

Nothing contained in this Agreement is intended to limit, restrict, or in any way impair the authority, power or ability of the Village to adopt new or different ordinances, regulations and fees of any kind or nature \Vhatsoever dming the life of this Agreement. However, no such ordinance or regulation shall be applied dming the tenn of thjs Agreement to affect the zoning and subdivision vat~iations expressly granted to the Subject Property by this Agreement. Except as modified by the terms and provisions of this Agreement, the Owner and Developer shall comply in all respects with the terms, conditions and requirements of all applicable ordinances of the Village as they may exist fi:om time to time including, but not limited to those requiring the issuance of permits or the payment of fees thereof.

C. The Developer shal l pay an annexation fee on a per Jot basis of $3,000.00 per lol payable as follows: 50% within two weeks of the annexation of the property pursuant to this agreement and 50% at time the first building permit is jssucd. Subject to Article XV.l, and Article .. XVfT, no fee or charge of any description shall be imposed upon Developer or upon the development and use of the Prope1iy tmless, as of the date of this Agreement, such fee or charge is in existence and being collected by the Village on a uniform basis from all ovlners, users and developers of prope1iy within the Village. The Village shall not increase the amount of any fee or charge for billlding pem1it fees, occupancy pennit fees, plan reviev,, fees, inspection fees, utility fees, application fees or user fees during the Tenn of this Agreement unless such increases are made generally applicable to all owners, users and developers of property within the Vi11age. AU building pennit and the building inspection fees for any improvement constructed upon the Property shall be due and payable according to the practices in place with the Village at the time of the application for Hie pennit for that improvement.

Ci: ·..DOCS"'·Cjt;:r<;\lld Btri)J'-..·r•' ibn•r bJuiug &' .. A;-m~·;a;in·f.:l.J,u<.>:-.itti_on ... ~. ;rn.:cm~nt 1P P. ;ngv.-,,nd J )nfl i f;, ;< .. .:?.5-0:5. wpd 5 05-60-6772

D. The Developer shal l pay apj)licable impact fees pursuant to the provisions of the Village Developer Donation Ordinance, as it may be amended from time to time.

ARTICLEV

SANITARY SEWER SERVfCE

A. The lots within the R-1 zoning districts as depicted on tbe Concept Plan sha11 be served by septic systems. As long as the County ofMcHemy issues approptiate pennits fo r each such septic system, the Village agrees that the construction and use of each such system will be pem1itted, and the Village will not hinder or delay the issuance of building or occupancy permits as long as such County pem1it is complied with.

ARTICLE VI

\VATER SERVICE

Each residence to be constructed \Vithin tl-.e Property pursuant to the Final Plats shall be provided water by individual wel ls to be constru~ted by the owner of each lot. As long as tbe County of McHenry issues appropriate permits for each such well, the Village agrees that the construction and use of each such well will be permi tted, and the Village wi11 not hinder or delay the issuance of building or occupancy pem1its as long as such County pem1it is complied with.

ARTICLE VII

STORM DRAINAGE

The Developer sha]] provide all necessary storm sewers, detention or retention systems and compensatory storage (whether on site or off site) for storm \Vater management of the Property in compliance with all Vill age requirements, and the McHenry County \Vatershed Development Ordinance.

ARTfCLEVUT

ROAD Tl\ITPROVEMENTS

A. The construction of roads and related improvements within the Prope1ty and therefi-om to Barnard Mill Road will be the obligation of Developer.

B. The Developer shall construct such road improvements as related to the intersection of Bamard Mill Road and Lumley Drive as the Village Corporate au thorities shall require as part of the final plat review process.

C. At the time of Tentative Plat the Village shall determine at its sole discretion whether Lumley Drive shal l be uti lized for permanent or temporaty ingress and egress into the subdivision.

Cr: -DOC:'i.'G::r.;ud Bui llkr· ' B:lu<·r ?.<min!: & :'.nn~:~ .lti<•11'·''·''"''l . ati;J:-, /\:rn::c.1lo:' nt In Ru •f;'"n"d Dr.l!t ! .;;, :<·-25 -.(15. wpd 6 05-60-6773

ARTICLE IX

IVlAILBOXES

Mailboxes shall be installed only in groups or clusters of four or more at locations designated on a mail box location plat to be provided by the Developer to the Village in conjunction final plat approval. The mailbox location plat shall be in locations acceptable to the postmaster. After sajd plat is provided to the Village it shall be reviewed by the Planning Commission subject to approval by the Board of Trustees. Replacement and repair of said mailboxes shaiJ be in accordance with said mailbox location plat and the requirement of groups or clusters of four or more will remain in full force and effect.

ARTICLE X

STORM \VATER/DETE:\TTION/RETENTTON PONUS

Prior to the approval of final plat of subdivision for any portion of the property the Developer 1vili establish a Prope1iy Ovmer's Association (POA). The POA sl1al1 be responsible for the maintenance and repair of the stom1 water, drainage and detention facilitles in the subdivision. However, the Village shall have the discretionary right, but not any legal obligation or duty, to enter upon lots or parcels having ston11 \:>,1ater drainage and/or detention facilities to repair or restore such and bill and recover its costs and expenses relating thereto (together with interest thereon at 9% per annum fi·om the date of the bill) from the POA. In the event the POA fails to pay such each of the respective lot owners shall be liable on a pro rata basis for any such costs and expenses and the Village shall have the right to file a lien in the office of the County Recorder of Deeds against said lots for such amounts.

ARTrCLEX[

ON SITE IMPROVEMENTS

Developer shall construct only those public improvements depicted on engineering plans approved in conjunction with each Final Plat. Such improvements shall be installed at Developer's expense using Developer's contractors and contracts. The roads depicted on the Concept Plan and which will be included in any Final Plat shall be conveyed to the Village upon acceptance of the public improvements by the Village pmsuant to provisions of the Village subdivision control ordinance.

ARTICLE XTI

SUBDrVISION OF THE PROPERTY

A. The property shall be subdivided in accordance with the provisions of the Village Subdivision Ordinance then in effect.

B. The Name of the Subdivision shall have the word Ringwood included in it.

G: ··.DOC~·GcJ't-itad Hui 'der.;,'l·~•h i<"f' z ,,,ning!;: .·\r n(~ ~nlion' :\l:m.'>.atior ..\grecm<'l:r h~ f{iJ,:;·,,<'t•d D··.•fl Pi,~. :!.:: 05 v.- pd 7 05-60-6774

ARTICLE XITT

EXCAVATION, GR<\.DINGAND PREPARATION OF THE PROPERTY FOR DEVELOPMENT

Unless otherwise approved and authorized by the Village, Developer shall not begin excavation, grading, demolition or tree removal until s11ch tjme as fi nal engineering has been approved by the Vil1age Engineer and necessary erosion control devices are in p1ace.

ARTT.CLE XIV

BUTLDTNG PERlVTTTS

The Village shall issue residential building permits for any residential structures to he constructed on the Pro11eliy in accordance with the Village Building code then in effect. If the application is denied, the Vii! age shall provide to :he applicant a 'vritten statement specifying the reasons for denial of the application including spe~ification of the requirements of la\V which the application or supporting documents fai l to meet. Thereafter, the Village shall issue such residential building permits upon tJ1e applicant's compliance 'vith those re-quirements. The Developer and/or any applicant may apply for building permits for the Property only after the Final Plat of Subdivision has been approved and recorded and 1l1e binder course for all roadways and all other subdivision improvements required by the Subdivision Ordinance and Plat of Subdivision have been instal led and approved by the Viliage Board ofTrustees.

ARTICLEA.'V

CERTIFICATES OF OCCUPANCY

A. The Village shall issue Certificates of Occupancy to the Developer or its successors and assigns according to the Village Building Codes in place at the time. The Village will issue the Certificates within the time provided for in its building code then existing, or issue a Jetter of denial within said petiod informing Developer or its successors and assigns spccifica11y as to what corrections are necessary as a condition to the issuance of a certificate and quoting the section of any applicable code, ordinance or regulation reli ed upm1 by tl1 e Village in its request for correction. If, after final inspection or re-iuspection of any conections made pursuant to a \Vritten denial, the Vil lage's inspector does not reasonably and properly request further con·ections, the Village shall promptly issue a Certificate of Occupancy for the structure(s) in question. Certificates of Occupancy sha1! not be unreasonably withheld and temporary ce1tificates will be issued when adverse weather conditions do not pennit landscaping and final grading required for a pennanent Certiiicate of Occupancy, so long as the absence of such items does not pose a danger to safety or welfare of the public or the occupants, and reasonable financial guarantees are provided that such landscaping, final grading and other construction shall be accomplished or installed as soon as wea ther pem1its.

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& 05 - 60-6775

B. The Village shall make all reasonably requested inspections of on-going construction within the time provided for in its building code then existing.

C. Any stop order directing work s:oppage shall be in writing unless a bona fide emergency presenting an immediate and substantial danger to persons or prope1iy exists, in \Vhich case such stop order may be verbal. Ail stop orders shall be issued only for construction work which is not in compliance witb Village codes or this Annexation Agreement and shall set fmih the section or sections of the Village Code or this Annexation Agreement alleged to have been violated and the nature of the violation. The building pem1ittee shall fortlwi'tth proceed to correct any such violation.

ARTfCLE XVI

MODELS; SALES OFFTCES; SIGNAGE

Construction of models, construction offices and trail ers shaH be m accordance with Village Ordinances.

A. Developer shall also have the 1ight, after approval of the Concept Plan, to construct a temporary sales trail er on the Prope1ty. Developer shall also have the right, after approval oftbe Concept Plan to construct a construction management trailer on the Property.

B. Developer or its assigns shall have the right upon approval of the Concept Plan, subject to the provisions of the Village Sign Ordinance, to construct one (1) single faced 240 square foot sales sign \vi thin the Property, or on easements in favor of Developer within lh mile ofthe Property for as long as development and sales continue on the Property.

ARTTCLEXVU

COVFrNANTS; COMMON A"REA

Prior to recording any Plat of Subdivision for any portion of the subject premises, the Developer will cause to be recorded Covenants, Conditions and Restrictions of Record providing for the maintenance of common areas in the subdivision. The Covenants will include, unless exclnded by authOJization of the village the fol lowing:

A. All lots shall be used exclusively for residential purposes designed for single-family_ occupancy. No buildings shall be erected nearer than those specified for each individual lot on the plat of subdivision, notv,rithstanding those setbacks as. set forth in the final plat of subdivision. Any pOiiion of the eaves is considered as part of the building line, side yard, and rear yard requirements. All other setbacks of the SLlbdi vision plat shall be applicable.

B. No home shal l be Jess than 1800 square feet in livable area if one story nor less than 2200 square feet of livable area if two or more stories.

C. Each residence shall be serviced with an attached garage of no less than three (3) cars and no more than four ( 4) car capacity. The garage shall be built of the materials similar to

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9 05-60-6776

the main structure. No garage shall be used as a temporary or permanent habitable living area. Detached garages are prohibited.

D. No flat, tar, gTavel or 3 in 1 tab shingle roofs shall be allowed. All roofs shall have a minimum 6:12 pitch. Minimum Roofing material shall consist of 30 year architectural shingles or cedar shake shingles. Altemate materials may be used if approved by the H .O.A.. and Village Board. Accessory structures shall have same roofing material as the residential stmcture.

E. No cement blocks shall be aiJowed as an exterior to a residence or accessory building.

F. Agricultural anin1als shall be probibited, including hoofed animals.

G. No manufacturing, industJial, business, or shop use shall be allO\ved on any lot, nor shall anything be done thereon which may he or become an annoyance or nuisance to the smTounding owners and neighborhood.

H. No mining of any nature or kind shall be allowed on any of the lots .

T. All outside buildings and construction shall be completed within one (1) year after g round bas been broken for foundation purposes. Completion of construction sha11 include finish grading of the property with landscaping.

J. All p1ivate drives shall be equipped with proper 16-foot long culverts with flared ends and must be at least 5 feet from the neighboling lot line where necessary. Dlives shall be paved with blacktop, fini shed concrete or brick pavers.

K. Septic systems including septic tanks, disposal fields , and other applicable components shall be installed in accordance with applicable regulations of the McHenry Cmmty Health Depmiment.

L. Except for approved septic systems, no oil, gas or fuel tank of any type , or for any other purpose shall be erected on any lot.

M. All types of fences are prohibited except those required for by ordinance for swimming pools.

N. Outdoor storage of boats, campers, recreation vehicles, motor homes, snowmobiles, trai lers of all types, and all types of water crafts and A TV's are prohibited.

0 . A maxi111um of one (1) accessory structure/ out-building/shed will be allowed per lot. The maximum plate height for walls shall not exceed nine (9') feet. The maximum size shaft

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05-60-6777

..

be eighty (80) square feet and must be constructed of the same or similar construction material as the ptimary structure. (A Gazebo is not considered an out building.)

P. Each Jot owner shall install and maintain a mail and newspaper receptacle of a unifom1 design at locations to he approved by the local Postal Se1vice agent.

Q. A 11 street lights shal l be Comrnomvealth Edison decorative lights.

R. In ground swimming pools with materials, which meet the Village Pool Ordinance requirement shall be permitted. No s\.vimming pool of temporary or collapsible construction, or one that is portable or movable, or one that is constructed in such a way as to hold water above ground level of the surrounding terrain, shall be allowed.

S. The covenants herein may not be changed without the approval of the Viilage Board.

T. Vacant and occupied lots shall be maintained so tl1at grass or otl1er vegetation (other than shrubbery, trees, etc) shall not exceed eight (8) inches.

U. If require.(! by the Vill age Board, the developer shall construct at its sole expense, one subdivision entrance sign, of brick or stone, the dimension and design of '".\'bich shall be subject to the approval of the Village Board of TrLlstees; no wood signs are allowed. The sign shall be located in an easement outside of the 1ight-of-way at a location approved by the Village Board. The sign and easement shall be maintained by the Homeowner's Association.

ARTICLEXVffi

IM~PACT FEES, DONATIONS AND RETAINED PERSONNEL FEES

A. Developer donation fees shall be paid by the Developer at the times and in tl-ie amounts specified· in the Village Developer Donation Ordinance. Such fees slrall be paid to the Village or to such entity as the Village designates. The Village represen ts and acknowledges that if any such fee shall be increased, such increase shall not be effective against the Developer or the Property unless such increase is made generally applicable to all O'-"'ners, users and developers of property within the Village.

B. The Developer agrees to pay Retained Personnel Fees according to the Village Ordinances.

ARTfCLEXIX

MUTUAL ASSfSTANCE

The parties shall do all things necessary or appropriate to cany out the terms and

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05-60-6778

provisions of this Agreement and to aid and assist each other in can·ying out the terms and objectives of this Agreement and the intentions of the Pmiies as reflected by said tenns, including, without limitation, the g iving of such notices, the holding of such pub11c hearings, the enactment by the Village of such resolutions and ordinances and the taking of such other actions as may be necessary to enable the Parties' COIY.pliance with the terms and prov isions of this Af,rreement and as may be necessary to give effect ro rhe tenns and objectives of this Agreement and the intentions of the Pa1iies as reflected by said tenns.

ARTICLE X..X:

REf\18:DTES

A. i.n the event of a material breach of this Agreement, the Pa1i ies af,•Tee that the party alleged to be in breach shall have thirty (30) days after written notice of said breach to correct the same prior to the non-breaching Party's seeking any remedy provided for herein (provided, however, that said thirty (30) day period shall be extended up to a total of one hund red and twenty (120) days if the default cannot be cured within said thir ty (30) day period and the defaulting Party has ini tiated the cure of said default and is dill gently proceeding to cure the same).

B. This Agreement, in its entirety, together with Developer's petitions for annexation, rezoning and concept plan, and any approvals granted to date, in the eli scretion of the Developer, shall be null and void, and of no force and effect unless w ithin one hundred and t\·venty days (120) from property becoming contiguous to the Village the Property is annexed in its entirety, zoned in accordance herewi th in subs tantial conformance with the Concept Plan.

C . Upon a breach of this Agreement, including the fail ure to meet the conditions speci fi ed in the preceding ParabTJ·aph B, and including failure to approve any tentative or Final P1at in accordance with the Concept Plan within the time period for review as established by Vil18ge ordinance, any of the Parties, in any court of competent jurisdiction, by an action or proceeding in mandamus or at law o r in equity, may secure, specifically without Hmitation, the specific performance of the covenants and agl'eements herein contained, or may obtain mandatory or prohibitory injunctions. No action taken by any party hereto pursuant to the provisions of this Article or pursuant lo the provisions of any other Articles of this Agreement shall be deemed to constitute an election of remedies and all remedies set forth in this Agreement shall be cumulative and non-exclusive of any other remedy either set forth herein or available to any Party or law OJ' in equity.

D. The fa il ure of any Party to insist upon the strict and prompt performance of the tenns, covenants, agreements, and conditions herein contained, or any of them, upon any other party imposed , shall not constitute or be construed as a waiver or relinqui slm1ent of any Party 's right thereafter to enforce any such tem1, covenant, agreement or condition, but the sam e shall conlim1e in fu ll force and effect.

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12

os-Go-6779

E. If the perfonnance of any covenant to be perfonned hereunder by any Party is delayed as a result of circumstances which are beyond the reasonable control of such Pa1ty (which circumstances may include acts of God, war, acts of civil disobedience, strikes or similar acts), the time for such perfom1ance shall be extended by the amou nt of time of such delay.

ARTICLE XXI

TERM

This A~.·Teement shall be binding upon the Pmties and their respective successors and assigns for twenty (20) years> commencing as of the date hereof ff any of the terms of thi s Agreement> or the annexation or zoning of the Prope1ty, is challenged in any court proceeding, then, to the extent permitled by law, the pe1iod of time du1ing which such litigation is pending shall not be included in calculating said twenty (20) year period . The expiration of the term of this Agreement sl1all not affect the continuing validity of the zoning of the Property or any ordinance enacted by the Village pursuant to this Agreement. The provisions contained herein shall su rvive the annexation of the Property and shall not be merged or expunged by the annexation of the Property to the Village.

ARTICLE XXII

1\'fiSCELLANEOUS

A. Amendment. This Agreement may be amended only by the mutual wri~ten

consent of the Parties, by adoptio11 of an ordinance by the Village approving said amendment as provided by law, and by the execlltion of said amendment by the Parties or their successors in interest.

B. Severabilitv. If any provision, covenant, agreement or portion of this Agreement or its application to any person, entity or property is held invalid, such invalidity shall not affect the appl ication or validity of any other provisions, covenants, agreements and portions of thi s Agreement are declared to be severable. If for any reason the annexation, platting, zoning or any variation for the Property is ruled invalid in whole or in part, the Corporate Authorities, as soon as possible, shall take such actions (including the holding of such pubiic hearings and the adoption of sucJ1 ordinances and resolutions) as may he necessary to give effect to the spirit and intent of this Agreement and tbc objectives of the Pzrties, as disclosed by this Agreement.

C. Entire A!!reement. This Agreement sets forth all agreements, understandings and covenants between and among the Paiiies. This Agreement supersedes all ptior agreements, negotiations and understandings, written and orzl, and is a full integration of the entire agreement of the Patties.

D. Successors and Assi!!ns. This Agreement shall inure to the benefit of, and be binding upon the Village and Developer and their respective successors, assigns, grantees,

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13

05-60 - 6780

lessees, and successor municipalities, and shall constitute a covenant running with the land. This Agreement may be assigned by the Developer ·.vith the consent of the Village, which consent shall not be unreasonably withheld. Any such assignments shall not relieve the Developer of its obligations hereunder unless specifically agreed t.J by the Village.

E. Notices. Any notices required or permitted by the provisions of this Agreement shall be in wtiting and sent by certified mail, return receipt requested, personally delivered, or sent by facsimile transmission to the Parties at the following addresses, or at such other addresses as the Parties may, by Dotice, designate:

Ifto Village:

Wilh copies to:

If to Developer:

With copies to:

Vill age of Ringwood Attn: Buiiding Comm1ssioncr PO Box 217 Ringwood, fllinoi s 60072

Village of Ringwood Attn: Village Cierk PO Box 217 Ring wood , rJlinois 60072

Counsel Bemard Narusis 213 \Vest Lake Shore Drive Cary TL 60013

Gerstad Builders, Inc. 4310 G Crystal Lake Road McHenry, IL 60050

Developer's Attorney Samtle] .T. Diamond Diamond & LeSueur, P.C. 3431 W. Elm Street McHemy, lL 60050 815-385-6840; 815-385-6875 fax; sam@.dlfiml.com

Notices shall be deen1ed given on the tl1ird (3) business day follm;ving deposit in the U.S. Mail, if given by certified mail as aforesaid, upon delivery if persona11y delivered , and upon tbe third day after confinnation date by the sending machine of successful transmission, if sent by facsimile, provided that a copy of the notice and confirmation of transmission is sent to the noticed pmiy by firsl class mail the same day as the fax transmission.

F. Time ofEssencc. T ime is of the essence of this Agreement and of each and every provision hereof.

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14

05-60 - G78\

G. Villa~e Approval. \"Vherever any approval or consent of the Village, or of any of its departments, officials or employees, is calleci for under this Agreement, the same s11al1 not be unreasonably withheld or delayed.

H. Villm!e Fees. The Developer shall reimburse the Village fo r any and all attorneys' fees incuned by the Village in defending claims asse1.ted or actions brought by third pmties to challenge the annexation, zoning, variations or plat approvals given for the Propeliy. P1ior to incurring any such expenses, the Village shall give advance notice to the Developer of the controversy and, thereafter, provide the Developer with monthly itemized statements of the expenses incurred by the Village in connection there\vith. The Village \~1ill also give advance notice to the Developer of their retaining additional consultants or staff other than the Village Attorney and Engineer in connection with defending such claims or actions. In the event the Developer detennines that the costs in connection with the defending of such claims or actions is not warranted, tbe Developer shall notify the Vil lage of such and the Village shall tenninate the pending claim or action. In connection witb said termination of the claim or action, i f there is any monetary liability, the Developer's election to terminate t11e claim shall also include the Developer paying such liabili ty prior to such termination. In the event the claimant does not concur wi th the tennination or settlement, the Developer's ob11gation to the Village shall continue.

J. Venue. Venue fo r any litigation shall be in the Circuit CoUii of McHenry County Dlinois. Litigation in any Federal Court is expressly prohibited .

.T. No· portion of the property may be disconnected from the Village at any time unless the COI1)orate authorities of the Village in their sole di scretion voluntatily allow such di sconnection.

G:\OOCS,(i~r::tau Buili!t'l',;'.Bauer J.,,nin;,t .'\;- ,-'.nnex:ni,)J1 .A. rmc:~ <Jtil"l :\gr,;tnH~nf to Riul,rW'lll·i Dr.1fl I fl. H-·!S-•iS.wpd

15

05-60-6782

IN WITNESS WHEREOF, the pmties hereto have executed this Agreement on the day and date first above written.

VILLAGE:

THE VILLAGE OF RINGWOOD, A municipal corporation

By:~~d.L:~~~...:::....:!:........!::~~:!.::::

fts: Vj J 6 fi >n-f-

Attest ~~'u, -~k its 1ieeq; t!itA.L

STATE OF ILLINOIS ) )SS

COUNTY OF MCHENRY )

DEVELOPER:

6.6/tStA-~ f3~c)~ , j/Ve.

By &yu--0~ fts: Jac;e,/~

0\VNER

~~~S I MIDWEST BANK THUST DIVISION

SEE TRUSTEE'S RIDER ATT A. Its:--HERE+G-AWO-MACE A PARTY H: ·; ..

I ?, '--'...) · ) , a Notary Public in and for said County, in t 1e State afor,~:~j4, , ? HEREBY CERTIPY TI-IA~t!Atuzf £ . /?zcu;;k, and_

//.. ~ , . . l1t ·<?personally known to me t the same persons whose names are, respectively as President and Village Clerk of the Village of Ringwood, an Illinois municipal corporation, subscribed to the forego ing instrument, appeared before me this day in person and severally acknowledge to me that they, being hereunto duly authorized, signed, sealed with the corporate seal of said Village and delivered said instrument as the free and voluntary act of said Village and as their own free and voluntary act, for the uses and purposes therein set forth.

GIVE11J.mder my hand and Notarial Seal, th is~'-'c'ray of C'Je~--<] , 2005.

~hz-~ l N ·y Pubhc

COMMISSION EXPIRES:

OFFICIAL SEAL LYNN MBAUER

NOTARY PUBLIC · STATE~ ILLINOIS MY COMMISSION EXPIRES: OH~7

16

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.l"'',. 0 F R · ~:··· Y: .···· ···-.. !'It

~"(..., ~· ·<') p 0 JD·.:. (• . s: .. ...~. 0"" 'r . > ~ ....... ~ 'V'" .' "1 ;. L··7 ' - " ' () ,,· ,_ ~

~ -.~ /z. SEAL "'\o ~ -- _j o· ·-%- :..~ 1994 ..: 0 ¥ - 7· • f" % ····11 ,s .... ,_:- .....

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' I 1/liilllllll I I li' '''

05-60-6783

STATE OF TLLfNOTS ) )SS

COUNTY OF McHENRY )

r, eft '(£e. ~~,J a Nota1y Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY T){AT o;.._el. be.eslf}1:> personally known to me to be an authorized manager o~s77f;P !->~e;.--2 J::.NC. , and personally lmown to me to be the same person whose name is subsCJibed to tbtforegoi_ng instnunent, appeared before me this day in person and severally acknowledged tl1at as such authorized manager, he signed and delivered the said instnunent as authmized manager of said limited liability company as his free and voluntary act, and as the fi·ee and voluntmy act and deed of sa id lin1ited li ability company, for t·he uses and purposes therein set forth .

Gl\~~ under n~1and and Notarial Seal, thi.s _ day of JY~ , 2005

~~ otay Public

COMMISSION EXPTRES:

(;:\ DOC$' GcrcrJd Bui!Jcrs',~3:lncr Z1ming & >',nnc.~:~tinn\Ann~~7atiPil .-\gr:;-..:mcnr. 111 HingW>~•.Hl Draft I~~ • .{.7,)-iJ:\.wpd

17

05-60-6784

RIDER ATTACHED AND MADE APART OF VILLAGE OF RINGWOOD

GERSTADIBAUERANNEXATION AGREEMENT DATED JUNE 1, 2005

This instrument is executed by FIRST MIDWEST BANK, not personally but solely as Trustee under Trust No. 13375, in the exercise of the power and authority conferred upon and vested in it as such Trustee. All the terms, provisions, stipulations, covenants and conditions to be performed by FIRST MIDWEST BANK, are undertaken by it solely as Trustee, as aforesaid, and not individually, and all statements herein made are made on information and belief and are to be construed accordingly, and no personal liability shall be asserted or be enforceable against FIRST MIDWEST BANK, by reason of any of the terms, provisions, stipulations, covenants and/or statements contained in this instrument.

In witness whereof, the undersigned corporation, not personally but as trustee as aforesaid, has caused these presents to be signed by its Trust Assistant and its corporate seal to be hereunto affixed and attested by its Trust Officer this 1st day of June, 2005.

STATE OF ILLINOIS, Ss:

COUNTY OF MCHENRY

I, the Undersigned, a Notary Public in and for said County, in the State aforesaid, DO HEREBY CERTIFY that Sharon L. Hettermann, Trust Assistant of FIRST MIDWEST BANK, and Nancy Majercik, the attesting Trust Officer thereof, personally known to me to be the same persons whose names are subscribed to the foregoing instrument as such Trust Assistant and the attesting Trust Officer respectively, appeared before me this day in person and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, and as the free and voluntary act of said Trust, for the uses and purposes therein set forth; and the said attesting Trust Officer did also then and there acknowledge that he as custodian of the corporate seal of said Trust, did affix the said corporate seal of said Trust instrument as his own free and voluntary act, and as the free and voluntary act of said Trust for the uses and purposes therein set forth.

GIVEN under my hand and Notarial Seal this 1st day of June, 2005.

~~~~ LJ~Lcl~ OFFICIAL SEAL

MALINDA M MICHELS NOTARY PUBLIC· STATE OF ILLINOIS MY COMMISSION EXPIRES:07/02107

/ NOTARYPUBLIC

05-60-6785

EXFITBIT LIST

EXHIBIT G: Legal Description

EXHIBIT C: Concept P1al1

EXHIBIT H: Plat of A11nexation

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05-60-6786

EXHIBIT G ANNEXATION LEGAL DESCRfPTTON

PARCEL 1: LOT 3 TN PLEASANT VALLEY SUBDIVTSION UNJTNO.l, A SUBDIVISION OF PART OF THE \VEST HALF OF THE SOUTH\VEST QUARTER OF SECTION 5, AND PART OF THE NORTHWEST QUARTER OF THE NORTHVVEST QUARTER OF SECTION 8, ALL fN TOWNSHIP 45 NORTH, R.A.NGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 14, 1952 AS DOCT.Jlv1ENTNO. 253356, TNBOOK 11 OF PLATS, PAGE 52, TN MCHENRY COUNTY, TLLfNOIS.

PARCEL 2: LOT 4 IN PLEASANT VALLEY SUBDIVISION UNIT N0.1 , A SUBD!VfSIO. r OF PART OF THE \VEST HALF OF THE SOUTH¥/EST QUARTER OF SECTION 5, AND PART OF THE NORTH\VEST QUARTER OF THE NORTH\A/EST QUARTER OF SECTION 8, ALL fN TO\VNSHfP 45 NORTH, RANGE 8 EAST OF THE TI-ITRD PRINCIPAL MERID T.A__N , ACCOP....OTNG TO THE PLAT T HEREOF RECORDED tv1AY 14, 1952 AS DOCUMENT NO. 253356, IN BOOK 11 OF PLATS, PAGE 52, [N MCHENRY COUNTY, JLLINOTS.

PARCEL 3: LOT 6 fN PLEASANT VALLEY SUBDIVISION UNIT N0. 1, A SUBDIVISION OF PART OF THE \VEST HALF OF THE SOUTHWEST QUARTER OF SECTION 5, AND PART OF THE NORTHWEST QUARTER OF THE NORTH\¥EST QUARTER OF SECTION 8, ALL TN TO\VNSHIP 45 NORTH, R.r'\NGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 14, 1952 AS DOCUMENT NO. 253356, IN BOOK 11 OF PLATS, PAGE 52, TN MCHENRY COUNTY, ILLINOIS.

PARCEL 4: LOT7 IN PLEASANT VALLEY SUBDIVISION UNIT NO.I, A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTfON 5, AND PART OF THE NORTHWEST QUARTER OF TI-TE NORTHWEST QUARTER OF SECTION 8, ALL TN TOWNSHIP 45 NORTH, RANGE 8 EAST OF THE TH1RD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 14, 1952 AS DOCUMENT NO. 253356, IN 300K 1 I OF PLATS, PAGE 52, fN MCHENRY COUNTY, ILLINOIS.

PARCEL 5: LOT R TN PLEASANT VALLEY SUBDIVISION UNlT NO. I, A SUBDIVISION OF PART OF THE WEST HALF OF THE SOUTH\VEST QUARTER OF SECTION 5, AND PART OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 8, ALL IN TO\VNSHTP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED lvfA Y 14, 1952 AS DOCUMENT NO. 253356, IN BOOK II OF PLATS, PAGE 52, IN MCHENRY COUNTY, ILLINOIS.

05 - 60 - 6787

PARCEL 6: LOT 9 IN PLEASANT VALLEY SUBDIVISION UNIT N0. 1, A SUBDIVISION OF PART OF THE \VEST HALF OF THE SOUTHVlEST QUARTER OF SECTION 5, AND PART OF THE NORTHWEST QUARTER OF THE NORTH\V'EST QUARTER OF SECTION 8, ALL lN TOVlNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRrNCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MAY 14, 1952 AS DOCUivffiNT NO. 253356, TN BOOK II OF PLATS, PAGE 52, TN MCHENRY COUNTY, fLUNOIS.

PARCEL 7: LOT 11 TN PLEASANT VALLEY SUI3DTVTSTON UNlT N0.1, A SUB DIVISJON OF PART OF THE WEST HALF OF THE SOUTHV-lEST QUARTER OF SECTION 5, AND PART Of THE NORTHVvEST QUARTER OF THE NORTHWEST QUARTER OF SECTlON 8, ALL LN TOWNSHfP 45 NORTH, RANGE 8 EA.ST OF THE THIRD PRTNCIPAL !vfERTDIAN, ACCORDING TO THE PLAT THEREOF RECORDED !VfA Y 14, 1952 AS DOCUMENT NO. 253356, TI..J BOOK 1 1 OF PLATS, PAGE 52, IN MCHENRY COUNTY, fLUN OTS.

PARCEL 8: THE \VEST 112 OF THE NORTHWEST 1/4 OF SECTION 8 (EXCEPT THE SOUTH 20 ACRES THEREOF, AND ALSO EXCEPTING THAT PORTION OF PLEASANT VALLEY SUBDIVISTON, UNTTNO. 1, AS RECORDED INTHEl'./fCIIENRYCOUNTY PLAT BOOK 11 , PAGE 52, LYING W£THIN THE BOFJJERS OF THE FIRST ABOVE-DESCRfBED WEST 112 OF THE NORTHWEST 114 OF SECTION 8 AFORESAID) IN TOWNSHIP 45 NORTH,RANGE8EASTOFTHETHJRDPRINCJPALMERIDIAN,INMCHENRYCOUNTY, ILLINOIS.

PARCEL 9: BEGINNING AT THE SOUTH\VEST CORNER OF THE SOUTHWEST 1/4 OF THE SOUTH\~lEST I /4 OF SECTION 5; THENCE RUNNING 51 0.09 FEET NORTH TO THE CENTER OF MCARTHUR AVENUE; THENCE EAST ON THE CENTER LINE OF MCARTHUR A VENUE, 500 f7EET TO THE CENTER OF ORCHARD DRIVE; THENCE SOUTH ON THE CENTER LINE OF ORCHARD DRJVE, 510.09 FEET TO THE SECTION LINE BETWEEN SECTIONS 5 AND 8; THENCE 500 FEET V\'EST TO THE PLACE OF BEGINNTNG, ALL TNTO\VNSHIP 45 NORTH, RANGE 8 EAST OF THE THIRD PRINCIPAL MERIDIAN, TOGETFfER \VITHALL THATPARTOFMcARTHURAVENUELYINGNORTH OF AND ADJACENTTOHERETNDESCRIBED PARCEL9,AND ALL OF LUMLEY AVENUE LYING SOUTH OF THE NORTH LINE OF LOT 6 EXTENDED RADIALLY TO THE EAST LINE OF SAID LUMLEY AVENUE AND ALSO ALL OF ORCHARD DRIVE AS SHOWN ON SAID PLEASANT VALLEY SUBDTVfSlON, ALL TN McHENRY COUNTY, ILLfNOTS.

os-Go-G788

EXHIBIT PHYLLIS K. WALTERS

McHENRY COUNTY RECORDER WOODSTOCK, ILLINOIS

EXHIBIT TO DOC. NO: q?po£Roo 9o t/1 z­

NO;OFMGES~~~~~~~~~~~~~~-

NOTES: 4J:uc_

SEE MAP IN PLAT FILE

exhibit 11/03/1999 05-60-6789

EXHIBIT PHYLLIS K. WALTERS

McHENRY COUNTY RECORDER WOODSTOCK, ILLINOIS

EXHIBIT TO DOC. NO: _ _ c:?.;.._t?_0_6_-_~_0_C)---'f_o_{._Z-_2-__ -:----_

NO:OFMGES_~~-~~~~~~~~~~~

NOTES: ___ dj0--f-. ..:.__~_---=-·----'--tt~------

SEE MAP IN PLAT FILE

exhibit 11 /03/1999 05-60 -6790