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1988-068 7/6/88 ORDINANCE NO. 88- 68 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT (BCS Properties) WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the Illinois Constitution of 1970; and, WHEREAS, there has heretofore been submitted to the Corporate Authorities of the Village of Buffalo Grove a petition to annex the property legally described in Exhibit A hereto; and, WHEREAS, there has been submitted to the Corporate Authorities of the Village of Buffalo Grove an Annexation Agreement; and, WHEREAS, proper and due notices of public hearings on said Annexation Agreement and Zoning have been given and public hearings were held; and, WHEREAS, it is determined to be in the best interest of the Village of Buffalo Grove to approve said Annexation Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF BUFFALO GROVE, COOK AND LAKE COUNTIES, ILLINOIS: Section 1. The Annexation Agreement, a copy of which is attached hereto and made a part hereof as Exhibit A is approved. Section 2. The President and Clerk of the Village are hereby authorized to execute said Agreement on behalf of the Village of Buffalo Grove. Section 3. This Ordinance shall be in full force and effect from and after its passage and approval. This Ordinance shall not be codified. AYES: 5 - Glover, Shields, Shifrin, Mathias, President Clayton NAYES: 0 - None ABSENT: 2 - Marienthal, Reid PASSED: Ju1X 11 1988 APPROVED: July 11 1988 APPROVED: �tMNA L. CLAYTON, Village Pre dent ATTEST: VPA-t- Villa Clerk 7/11/88 BCS PROPERTIES Annexation Agreement TABLE OF CONTENTS 1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 2. A reement: Com liance and Validity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .2 3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 4. Enactment of Zonin Ordinance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 5. Approval of Plats. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3 6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . . . . . . . . . . . .4 7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .4 8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .5 10. Storm and Sanitary Sewer Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 11. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 12. Security for Public and Private Site Improvements. . . . . . . . . . . . . . . .7 13. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .7 14. Annexation Fee. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 15. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . . . . . . . . .8 16. Annexation to the Buffalo Grove Park District. . . . . . . . . . . . . . . . . . . .8 17. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .8 18. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 19. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 20. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 21. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9 22. Notices. . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .9 23. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10 24. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 25. Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .11 BCS PROPERTIES Annexation Agreement LOCATION MAP T .......... v R9 ,K :C:::•::: ::'r: A a-PP a JOY CE. R 9 KiLMER SCHOOL a .............................. ::• PARK :::::: •:. 3 (R S} W_ J U. \/ U. 0 \ B 3 6 4 0 ;[Q V V RD .......... :: . 4 9 , R DEE RD. BLIMEE REL. _ ILL. RT ao R I O ICI C V LAKE BIVp % ' n RBl13 M CAMBRIDGE PARK R DUN-LO AVE c �.... PARK PL U U O ANTS .: S - r DARRYL DR. J C PALNIOREN Cy .........::... :.... p :�•:::•:�: :.�:.�:........:::: UNIVERSITY _ 7 0.. .................. t .. .......... .. .................... .........:::::: W DOW NIN(L ...�.�.............. ri WYN .. ..................... ........... .............t•: ._. } : r: ll :f Li ...... E-1. : Subject Property 7/11/88 BCS PROPERTIES Annexation Agreement This agreement (hereinafter referred to as the "Agreement") made and entered into this llth day of July, 1988, by and between the VILLAGE OF BUFFALO GROVE (hereinafter referred to as "Village") by and through the President and Board of Trustees of the Village (hereinafter collectively referred to as the "Corporate Authorities") and BCS PROPERTIES, An Illinois General Partnership (hereinafter referred to as "Owner") . W I T N E S S E T H: WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the provisions of the Constitution of the State of Illinois of 1970; and, WHEREAS, Owner is the owner of a certain tract of property (hereinafter referred to as the "Property") comprising 0. 74 acres legally described and identified in EXHIBIT A, which exhibit is made a part hereof and which real estate is contiguous to the corporate limits of the Village; and, WHEREAS, Owner is the developer of the Property; and, WHEREAS, a Plat of Annexation is attached hereto as EXHIBIT B, which depicts a total of 0.74 acres to be annexed; and, WHEREAS, Owner desires and proposes pursuant to the provisions and regulations applicable to the B-3 (Planned Business Center) District of the Village Zoning Ordinance to develop the Property in accordance with and pursuant to a certain Preliminary Plan prepared by Full Circle Designers and dated as last revised May 25, 1988, and also a Preliminary Engineering Plan prepared by Norman J. Toberman and Associates and described in Group EXHIBIT E dated April 7, 1988, (hereinafter jointly referred to as the "Preliminary Plan") , a copy of which is attached hereto as EXHIBIT D and EXHIBITS E, E-1, E-2 and E-3 and incorporated 1 herein, and subject to all other exhibits attached hereto or incorporated by reference herein. Said development of Property shall contain a 3,100 square foot one-story office building with a 3,100 square foot basement for a total floor area of 6,200 square feet; and, WHEREAS, pursuant to the provisions of Section 11-15. 1-1 et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1987) and as the same may have been modified by the Village's Home Rule Powers, a proposed Annexation Agreement, was submitted to the Corporate Authorities and a public hearing was held thereon pursuant to notice as provided by Statute; and, WHEREAS, pursuant to due notice and advertisement, the Plan Commission of the Village has held a public hearing and made their recommendations with respect to the requested zoning classification of the B-3 District and with respect to requested variations of the Zoning and Development Ordinances; and, WHEREAS, the President and Board of Trustees after due and careful consideration have concluded that the annexation of the Property to the Village and its zoning and development on the terms and conditions herein set forth would further enable the Village to control the development of the area and would serve the best interests of the Village. NOW, THEREFORE, in consideration of the premises, mutual covenants and agreements herein set forth, the parties hereto agree as follows: 1. Applicable Law. This Agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1 et. seq. , of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1987) and as the same may have been modified by the Village's Home Rule powers. The preceding whereas clauses are hereby made a part of this Agreement. 2. Agreement: Compliance and Validit . The Owner has filed with the Village Clerk of the Village a proper petition pursuant to and in accordance with 2 provisions of Section 7-1-8 of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1987) and as the same may have been modified by the Village's Home Rule powers, conditioned on the execution of this Agreement and the compliance with the terms and provisions contained herein, to annex the Property to the Village. It is understood and agreed that this Agreement in its entirety, together with the aforesaid petition for annexation, shall be null, void and of no force and effect unless Property is validly annexed to the Village and is validly zoned and classified in the B-3 District, all as contemplated in this Agreement. 3. Enactment of Annexation Ordinance. The Corporate Authorities within twenty-one (21) days of the execution of this Agreement by the Village will enact a valid and binding ordinance (hereinafter referred to as the "Annexation Ordinance") annexing Property to the Village. Said Annexation Ordinance shall be recorded with the Cook County Recorder's Office along with the Plat of Annexation (attached hereto as EXHIBIT B) . Recording shall take place no more than thirty (30) days after enactment of Annexation Ordinance. 4. Enactment of Zonin , Ordinance. Within twenty-one (21) days after the passage of the Annexation Ordinance, the Corporate Authorities shall adopt a proper, valid and binding ordinance, zoning the Property in the B-3 District subject to the restrictions further contained herein and all applicable ordinances of the Village of Buffalo Grove as amended from time to time. Said zoning shall be further conditioned on the development of the Property in accordance with a Preliminary Plan (EXHIBITS D, E, E-1, E-2 and E-3) . 5. Approval of Plats. The Corporate Authorities hereby approve a Preliminary Plan (EXHIBITS D, E, E-1, E-2 and E-3) pursuant to the provisions of the Development Ordinance and in addition agree to approve a Final Plan of Development or plats of the development of the Property upon submission by the 3 Owner of complete and proper materials as required for the issuance of appropriate building and other permits based on final versions of the plans and drawings of the development of the Property as submitted by the Owner provided that the plat or plats shall: (a) conform to the Preliminary Plan, (EXHIBITS D, E, E-1, E-2 and E-3) and (b) conform to the terms of this Agreement and all applicable Village Ordinances as amended from time to time; and (c) conform to the Development Improvement Agreement (EXHIBIT C) as amended from time to time. It is understood and agreed that the final subdivision plat or plats that will hereinafter be submitted by the Owner shall conform to the Preliminary Plan. 6. Compliance with Applicable Ordinances. The Owner agrees to comply with all ordinances of the Village of Buffalo Grove as amended from time to time in the development of the Property, provided that all new ordinances, amendments, rules and regulations relating to zoning, building and subdivision of land adopted after the date of this Agreement shall not be arbitrarily or discriminatorily applied to the Property but shall be equally applicable to all property similarly zoned and situated to the extent possible. Owner, in the development of the Property shall comply with the standards set forth in the Village of Buffalo Grove Development Ordinance as amended from time to time. 7. Amendment of Plan. If the Owner desires to make changes in the Preliminary Plan, as herein approved, the parties agree that such changes in the Preliminary Plan will require, if the Village so determines, the submission of amended plats or plans, together with proper supporting documentation, to the Plan Commission and/or the Corporate Authorities to consider such changes to this Agreement. The Corporate Authorities may, at their sole discretion, require additional public hearings and may review the commitments of record contained in this Agreement, including, but not limited to fees, prior to final consideration of any change in the Preliminary Plan. The Village Manager is hereby authorized 4 to approve such minor changes as he deems appropriate, provided that no such changes--(a) involves a reduction of the area set aside for common open space; nor (b) increases by more than two percent (2%) the floor area proposed for nonresidential use; nor (c) increases by more than two percent (2%) the total ground area covered by the building. 8. Building Permit Fees. The building permit fees may be increased from time to time so long as said permit fees are applied consistently to all other developments in the Village to the extent possible. In the event a conflict arises between the Owner and the Village on any engineering and technical matters subject to this Agreement, the Village reserves the right to pass along any and all additional expenses reasonably incurred by the use of consultants in the review and inspection of the development from time to time. Owner shall pay any non-discriminatory new or additional fees hereinafter charged by the Village to Owner or property within the Village. 9. Water Provision. The Owner shall be permitted and agrees to tap on to the Village water system at points recommended by the Village Engineer which points to the extent shown on Group EXHIBIT E are hereby approved by the Village, however, it is understood that changes to the Preliminary Engineering Plan may be required at the time of final engineering. The Owner further agrees to pay to the Village such fees in accordance with the applicable Village Ordinances at the time of the issuance of the water and sewer permits. The Owner agrees to accept any increase in water rates and tap on fees provided such rates and fees apply consistently to all other similar users in the Village to the extent possible. Following such tap on, the Village agrees to provide to the best of its ability and in a non-discriminatory manner water service to all users on the Property in accordance with the Preliminary Plan. Watermains serving the Property and those approved as part of the development shall be installed by the 5 Owner and, except for service connections to the buildings shall, upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, be dedicated to the Village and become a part of the Village water system maintained by the Village. Owner shall provide a fire hydrant on the Property in a location designated by the Village Engineer. 10. Storm and Sanitary Sewer Provisions. A. The Corporate Authorities agree to cooperate with the Owner and to use their best efforts to aid Owner in obtaining such permits from governmental agencies having jurisdiction as may be necessary to authorize connection from the proposed development to the Metropolitan Sanitary District for the collection of sewage and to the Cook County Highway Department as may be appropriate. The Owner shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, as per Group EXHIBIT E, however, it is understood that changes to the Preliminary Engineering Plan may be required at the time of final engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain such systems, except for sanitary sewer service connections. The Owner agrees to accept any increase in sewer rates and tap on fees, provided that such fees and rates are applied consistently to all similar users in the Village to the extent possible. B. The Owner shall also construct on the Property in question any storm sewers which may be necessary to service the Property, as per Group EXHIBIT E, however, it is understood that changes to the Preliminary Engineering Plan may be required at the time of final engineering. Upon installation and acceptance by the Village through formal acceptance action by the Corporate Authorities, the Corporate Authorities agree to operate and maintain that portion of the storm 6 sewer system which serves public streets, or multiple properties, and the Owner agrees to operate and maintain that portion of the storm sewer system located on the subject Property and not dedicated, and shall record a covenant to that effect within thirty (30) days of the recording of the Plat of Subdivision. 11. Drainage Provisions. The Owner shall fully comply with any request of the Village Engineer related to the placement of buildings on lots, to preserve drainage standards. The Owner shall install any storm sewers and/or inlets which are required to eliminate standing water or conditions of excess sogginess which may, in the opinion of the Village Engineer, be detrimental to the growth and maintenance of lawn grasses. 12. Security for Public and Private Site Improvements. Security for public and private site improvements shall be provided in accordance with the Development Ordinance, and the Development Improvement Agreement (EXHIBIT C) as amended from time to time. Any letter of credit issued for such improvements shall be drawn on a financial institution of net worth reasonably satisfactory to the Village Attorney. The issuer may have an equitable or lending interest in the Property provided that the letter of credit, either by its own terms or by separate written assurances of the issuer, shall be honored irrespective of that interest. The Village shall have the right to draw up to the full amount of the letter of credit in order to complete, and have formal acceptance of, all improvements secured by the letter of credit. 13. Exhibits. The following EXHIBITS, some of which were presented in testimony given by the Owner or the witnesses during the hearings held before the Plan Commission and the Corporate Authorities prior to the execution of this Agreement, are hereby incorporated by reference herein, made a part hereof and designated as shown below. This Agreement, upon execution by the parties, together with copies of all EXHIBITS, shall be kept on file with the Village Clerk and be available for inspection to the parties hereto. 7 EXHIBIT A Legal Description EXHIBIT B Plat of Annexation EXHIBIT C Development Improvement Agreement EXHIBIT D Preliminary Plan by Full Circle Designers, dated May 25, 1988 EXHIBIT E,E-1 Preliminary Engineering Plan, dated April 7, 1988 by E-2,E-3 Norman J. Toberman and Associates: E (Site Plan, Sheet C-1) ; E-1 (Grading Plan, Sheet C-2) ; E-2 (Utility Plan, Sheet C-3) ; E-3 Utility Plan, Sheet C-4) EXHIBIT F Landscape Plan by Full Circle Designers, dated May 25, 1988 EXHIBIT G Letter dated April 12, 1988 from Michael Rylko, Director of Parks and Recreation, Buffalo Grove Park District 14. Annexation Fee. Owner agrees to pay an annexation fee in the amount of $1,200.00 which shall be payable at issuance of building permits. However, this fee shall be paid in full prior to the expiration of this Agreement. 15. Building, Landscaping and Aesthetics Plans. Owner will submit building and landscaping plans (which landscaping plans shall conform to the requirements of Village Ordinances) for approval by the Appearance Commission and the Corporate Authorities before commencing construction of buildings. Lighting and signage shall be compatible with surrounding areas. 16. Annexation to the Buffalo Grove Park District. The Owner agrees, at the request of the Buffalo Grove Park District, to annex any part or all of the subject Property to said Park District. 17. Facilitation of Develo Tent. Time is of the essence of this Agreement, and all parties will make every reasonable effort to expedite the subject matters hereof. It is further understood and agreed that the successful consummation of this Agreement and the development of the Property in the best interests of all the parties requires their continued cooperation. The Owner does hereby evidence its intention to fully comply with all Village requirements, its willingness to discuss any matters of mutual interest that may arise, and its willingness to assist the Village to the fullest extent possible. The Village 8 does hereby evidence its intent to always cooperate in the resolution of mutual problems and its willingness to facilitate the development of the Property, as contemplated by the provisions of this Agreement. 18. Enforceability of the Agreement. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein described. If any provision of this Agreement is held invalid, such provisions shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the provisions contained herein. 19. Term of Agreement. This Agreement will be binding on all parties for a term of twenty (20) years from the date of the execution of this Agreement by the Village. This Agreement shall not be assigned without prior written consent of the Village which shall not be unreasonably withheld. 20. Bindin Effect of Agreement. This Agreement shall be binding upon the Property, parties hereto, their respective successors and assigns. 21. Corporate Capacities. The parties acknowledge and agree that the individuals that are members of the group constituting the Corporate Authorities are entering into this Agreement in their official capacities as members of such group and shall have no personal liability in their individual capacities. 22. Notices. Any notice required pursuant to the provisions of this Agreement shall be in writing and be sent by certified mail to the following addresses until notice of change of address is given and shall be deemed received on the fifth business day following deposit in the U.S. Mail. If to Owner: BCS Properties Attention: Marc K. Schwartz 400 W. Dundee Road Buffalo Grove, IL 60089 9 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Bloche' , French & Raysa 1140 Lake Street Suite 400 Oak Park, IL 60301 23. Default. In the event Owner defaults, in its performance of its obligations set forth in this Agreement, then the Village, may, upon notice to Owner allow Owner sixty (60) days to cure default or provide evidence to the Village that such default will be cured in a timely manner if it cannot be cured during said period. If Owner , fails to cure such default or provide such evidence as provided above, then, with notice to Owner, the Village may begin proceedings to disconnect from the Village any portion of the Property upon which development has not been completed or at the option of the Village, to rezone such Property to the R-E District zoning classification. In such event, this Agreement shall be considered to be the petition of the Owner to disconnect such portion of the Property, or at the option of the Village to rezone such Property to the R-E District zoning classification. 24. Litigation A. The Owner, at its cost, shall be responsible for any litigation which may arise relating to the annexation, zoning or development of the Property. Owner shall cooperate with the Village in said litigation but Owner's counsel will have principal responsibility for such litigation. B. The Owner shall reimburse the Village for reasonable attorney's fees, expenses and costs incurred by the Village resulting from litigation relating to the annexation, zoning or development of the Property or 10 in the enforcement of any of the terms of this Annexation Agreement upon a default by the Owner. C. Owner hereby indemnifies and holds the Village harmless from any actions or causes of actions which may arise from the approval of this development. 25. Special Conditions. A. The following variation to the Village's Development Ordinance is hereby granted: 1. Section 16.50.040.C.3: to allow a 4: 1 side slope in certain areas of a dry detention basin instead of a 6:1 side slope. B. The following variations to the Village's Zoning Ordinance are hereby granted: 1. Section 17.44.040.D.3: to allow east and south yard building setbacks of 36 feet rather than 50 feet as required. C. The following uses shall be allowed on the Property as Permitted Uses: Antique shop Art galleries and studio Bank and financial institution Barbershop Beauty shop Business, dance or music school Camera and photographic supplies stores Carpet, rug and linoleum stores China and glasswares stores Club and lodge, fraternal or religious institution Coin and philatelic store Currency exchanges Drug stores Electrical and household appliance stores Employment agency Florist shop Furrier shops Furniture store Interior decorating shops including upholstery and making of draperies, slip covers and other similar articles Jewelry stores 11 Leather goods and luggage stores Loan offices Medical and dental clinics and laboratories Music conservatory or music instruction Musical instruments stores Office supplies stores Office, business and professional and medical Optician shops Paint and wallpaper stores Photographer Printing - lithography or publishing establishments Restaurant, sit-down (of a maximum floor area of 3,100 square feet) but excluding a carryout facility, drive-in facilities for window service of prepared and packages food where said foods are not consumed on the premises and drive-in restaurants or food stands primarily catering to customers with facilities for parking on the premises for consumption of food in autos. Shoe stores Sporting goods stores Travel bureau and transportation ticket offices Any other similar retail, office or service use that is determined by the Corporate Authorities to be an appropriate use on the Property. D. The following uses, but not by way of limitation, shall not be allowed on the Property: Animal hospital Dry cleaning and laundry establishments Pet shop Restaurant, except as allowed in Paragraph 25C hereof E. Owner shall cooperate with the Buffalo Grove Park District and comply with the conditions set forth in EXHIBIT G concerning the use of Park District property for the conveyance and storage of stormwater. IN WITNESS WHEREOF, the Corporate Authorities and Owner and Owner have caused this instrument to be executed by their respective property officials duly authorized to execute the same on the day and the year first above written. 12 VILLAGE OF BUFFALO GROVE VERNA L. CLAYTON, Village Lesident ATTEST: Village Clerk OWNER B . 34WPERT S Marc K. Schwartz ATTEST: 13 EXHIBIT A BCS PROPERTIES ANNEXATION AGREEMENT LEGAL DESCRIPTION : THE WEST 165 FEET OF THE EAST 726.0 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9 , TOWNSHIP 42 NORTH, RANGE 11 , E°AST OF THE THIRD PRINCIPAL MERIDIAN (EXCEPTING THEREFROM THE NORTH 400.0 FEET THEREOF AND EXCEPTING THAT PART FALLING IN THE TRACT OF LAND BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE WEST LINE OF THE EAST 726 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 42 NORTH, RANGE 111 NORMALLY DISTANT 33 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 9 , TOWNSHIP 42 NORTH, RANGE 11 , THENCE EASTERLY ALONG A STRAIGHT LINE PARALLEL WITH AND NORMALLY DISTANT 33 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 9 , TOWNSHIP 42 NORTH , RANGE 11 TO A POINT ON THE WEST LINE OF THE EAST 561 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9, TOWNSHIP 42 NORTH, RANGE 11, THENCE SOUTHERLY ALONG SAID WEST LINE A DISTANCE OF 17 FEET TO A POINT; THENCE WESTERLY ALONG A LINE PARALLEL WITH AND NORMALLY DISTANT 50 FEET SOUTH OF THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION 9 , TOWNSHIP 42 NORTH , RANGE 11 A DISTANCE OF 45 FEET TO A POINT; THENCE SOUTHERLY ALONG A STRAIGHT LINE PERPENDICULAR WITH THE LAST DESCRIBED LINE A DISTANCE OF 200 FEET TO A POINT OF CURVATURE; THENCE SOUTHWESTERLY ALONG- A- CU-R YED LINE CONCAVE TO THE WEST HAVING A RADIUS OF 575 FEET A DISTANCE OF 378.268 FEET TO A POINT ON THE WEST LINE OF THE EAST 726 FEET OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 9 , TOWNSHIP 42 NORTH , RANGE 11 , SAID POINT BEING 58.431 FEET NORTH OF THE SOUTH LINE OF THE NORTH HALF OF THE NORTHEAST QUARTER OF THE NORTH WEST QUARTER OF SECTION 9 , TOWNSHIP 42 NORTH, RANGE 11; THENCE NORTHERLY ALONG SAID WEST LINE TO THE POINT OF BEGINNING) ALL IN COOK COUNTY, ILLINOIS.