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1995-026 - APPROVING AN ANNEXATION AGREEMENT FOR BUSCH GROVE COMMUNITY PARK - 03/20/1995 3/16/95 ORDINANCE NO. 95- 26 AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR BUSCH GROVE COMMUNITY PARK BUSCH ROAD/ILLINOIS ROUTE 83BUFFALO GROVE ROAD 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 notice of the public hearing on said Annexation Agreement and Zoning has been given and a public hearing was 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: 6 - Marienthal Reid Rubin Braiman Hendricks Moons NAYES: 0 - None ABSENT: 0 - None PASSED: March 20, 1995 APPROVED: March 20 1995 ATTEST: APPROVED: -r ti ViIIag+'Clerk SIDNEY H. MATHIAS Village President 3/16/95 BUSCH GROVE COMMUNITY PARK Busch Road/Buffalo Grove Road/Illinois Route 83 Table of Contents 1. Applicable Law. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 2. Agreement: Compliance and Validity . . . . . . . . . . . . . . . . . . . 3 3. Enactment of Annexation Ordinance. . . . . . . . . . . . . . . . . . . . 3 4. Enactment of Zoning.Ordinance. . . . . . . . . . . . . . . . . . . . . . . 3 5. Approval of Plans. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 6. Compliance with Applicable Ordinances. . . . . . . . . . . . . . . . . 4 7. Amendment of Plan. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 8. Building Permit Fees. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5 9. Water Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 10. Storm and Sanita Sewer Provisions. . . . . . . . . . . . . . . . . . . 6 11. Drainage Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 7 12. Payment of Recapture Fees Owed. . . . . . . . . . . . . . . . . . . . . 7 13. Security for Public and Private Site Im rovements. . . . . . . . . 8 14. Exhibits. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 15. Building, Landscaping and Aesthetics Plans. . . . . . . . . . . . . . 9 16. Facilitation of Development. . . . . . . . . . . . . . . . . . . . . . . . . . . 9 17. Enforceability of the Agreement. . . . . . . . . . . . . . . . . . . . . . 10 18. Term of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 19. Binding Effect of Agreement. . . . . . . . . . . . . . . . . . . . . . . . . 10 20. Corporate Capacities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 21. Notices. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 22. Default. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 23. Litigation. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11 24 Special Conditions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 BUSCH GROVE COMMUNITY PARK Annexation Agreement Location Map - Y CT =CT R 5* ca USCH RD 1co CT. C y 050 r O R� O HIDDEN o m 51 O R4 _ o WOODHOLLOW voLL � f m CT A Z J Z �a. 0&R 'R 0 J n FARRINGTON o CTS B Area to be Annexed Area Annexed in 1991 3/16/95 BUSCH GROVE COMMUNITY PARK Busch Road/Buffalo Grove Road/Illinois Route 83 ANNEXATION AGREEMENT This agreement (hereinafter referred to as the "Agreement") made and entered into this 20th day of March, 1995, 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 The Buffalo Grove Park District (hereinafter referred to as "Owner"). WITNESSETH: 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 53.2 acres legally described and identified in the Legal Description, which is attached hereto as EXHIBIT A, which exhibit is made a part hereof and which real estate is contiguous to the corporate limits of the Village; and, WHEREAS, a Plat of Annexation.is attached hereto as EXHIBIT B, which depicts a total area of 53.2 acres to be annexed; and, WHEREAS, Owner desires and proposes pursuant to the provisions and regulations applicable to the R-E (Residential Estate) District of the Village Zoning Ordinance, with a Special Use for public park facilities, to develop the Property in accordance with and pursuant to a certain Initial Development Plan prepared by Williams/Pollock/Associates, Ltd. and dated as last revised September 10, 1993, and a certain a certain Master Plan prepared by Williams/Pollock/Associates, Ltd. and dated as last revised September 10, 1993, a copy of which Plans are attached hereto as EXHIBITS 1 D and E and incorporated herein, and subject to all other exhibits attached hereto or incorporated by reference herein. Said development of property shall consist of a multi- use park and recreation facility as depicted on EXHIBITS D and E; and, WHEREAS, pursuant to the provisions of Section 5/11-15.1-1 et. seq., of the Illinois Municipal Code ( Chapter65, Illinois Compiled Statutes 1992) 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 R-E District with a Special Use for a public park facility; 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 5/11-15.1-1 et. seq., of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1992) 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 2. Agreement: Compliance and Validity. The Owner has filed with the Village Clerk of the Village a proper petition pursuant to and in accordance with provisions of Section 5/7-1-8 of the Illinois Municipal Code (Chapter 65, Illinois Compiled Statutes 1992) 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 the Property is validly annexed to the Village and is validly zoned and classified in the R-E District with a Special Use for a public park facility, 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 the Property to the Village. Said Annexation Ordinance shall be recorded with the Lake 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 Zoning 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 R-E District with a Special Use for a public park facility 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 the Initial Development Plan (EXHIBIT D) and the Master Plan (EXHIBIT E) and other exhibits attached hereto or incorporated by reference herein. It is understood and agreed that 3 development of the Property will occur in phases, and said Special Use shall remain in full force and effect to allow said phased development in accordance with the EXHIBITS incorporated herein and other plans approved by the Village in the future. 5. Approval of Plans. The Corporate Authorities hereby approve the Initial Development Plan (EXHIBIT D) and the Master Plan (EXHIBIT E). It is understood and agreed that Owner will submit a Preliminary Plan, including engineering. pursuant to the provisions of the Village Development Ordinance for each phase of development of the Property. The Corporate Authorities agree to approve said Preliminary Plan and a Development Plan (including plats of subdivision) based on final versions of the plans and drawings of the development of the Property as submitted by the Owner provided that the Development Plan shall: (a) conform to the approved Initial Development Plan and Master Plan; and (b) conform to a Preliminary Plan to be submitted for Village review and approval; and (c) conform to the terms of this Agreement and all applicable Village Ordinances as amended from time to time; and (d) conform to the approved Development Improvement Agreement as amended from time to time. Phasing of the development of the Property, if any, shall be in accordance with applicable Village ordinances, and shall conform to the phases of the development as shown on the approved Initial Development Plan and Master 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 4 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 Initial Development Plan or Master Plan as herein approved, the parties agree that such changes in said Plans 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 said Plans. 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 Initial Development Plan or Master Plan, and prior to approval of a Preliminary Plan. The Village Manager is hereby authorized 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 buildings. 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/Developer 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 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. 5 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 shall be depicted on the Preliminary Engineering Plan. It is understood, however, 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 Engineering Plan. Watermains serving the Property and those approved as part of the development shall be installed by the 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. 10. Storm and,,,Sanitaa 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 Lake County Department of Public Works for the collection of sewage and to the Illinois Department of Transportation (IDOT) as may be appropriate. The Owner shall construct on-site and off-site sanitary sewers as may be necessary to service the Property, as depicted on the Preliminary Engineering Plan. It is understood, however, 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 6 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 depicted on the Preliminary Engineering Plan. It is understood, however, 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 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. Payment of Recapture Fees Owed. The recapture fee required to be paid by this Property shall be due and payable to the Village upon final platting of the first plat of subdivision of any portion of the Property. Inasmuch as the Village and Park District serve virtually the same constituents and geographic area, and in the interest of inter- governmental cooperation, the Village will require payment of only the principal of said recapture fee, and waive payment of interest and collection fees. 7 13. 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. 14. 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. EXHIBIT A Legal Description EXHIBIT B Plat of Annexation dated as last revised August 7, 1992 by Manhard Consulting Ltd. EXHIBIT C Development Improvement Agreement EXHIBIT D Initial Development Plan dated as last revised September 10, 1993 by Williams/Pollack/Associates, Ltd. EXHIBIT E Master Plan dated as last revised September 10, 1993 by Williams/Pollock/Associates, Ltd. 8 EXHIBIT F Parking Requirements for the Initial Busch Grove Site Development (8-1/2xl1" sheet) by Williams/Pollock/Associates, Ltd. EXHIBIT G Outdoor lighting foot-candle distribution plot for ballfields dated March 29, 1993 by Qualite Sports Lighting, Inc. EXHIBIT H Tennis Court lighting specifications (8 pages, 8-1/2x11") by LSI Lighting Systems EXHIBIT I Outdoor lighting foot-candle distribution plot for tennis courts 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 or recreational facilities. Exterior building lighting, parking lot lighting, outdoor recreation lighting and signage shall be compatible with surrounding areas as approved by the Appearance Commission. Phases not under construction or completed shall be maintained in a neat and orderly fashion as determined by the Village Manager. 16. Facilitation of Development. 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 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. 9 17. 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. 18. Term of Agreement,. This Agreement will be binding on all parties and the Property 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. 19. Binding Effect of Agreement. This Agreement shall be binding upon the Property, the parties hereto and their respective successors and assigns. 20. 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. 21. 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: Michael Rylko, Director Buffalo Grove Park District 530 Bernard Drive Buffalo Grove, IL 60089 Copy to: John Sullivan, Esq. Staechlin, Jantorni and Sullivan 310 S. Michigan Avenue Chicago, IL 60604 10 If to Village: Village Clerk Village of Buffalo Grove 50 Raupp Boulevard Buffalo Grove, IL 60089 Copy to: William G. Raysa, Esq. Raysa & Skelton 1140 Lake Street, Suite 400 Oak Park, IL 60301 22. 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 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. In such event, this Agreement shall be considered to be the petition of the Owner to disconnect such portion of the Property. 23. Litigation. A. The Owner, at its cost, shall be responsible for any litigation which may arise relating to the annexation, zoning and 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 attorneys' fees, expenses and costs incurred by the Village resulting from litigation relating to the annexation, zoning and development of the Property or 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 action which may arise as a result of development activities for which the Owner is responsible. 11 24. Special Conditions. A. It is understood and agreed that the Initial Development Plan (EXHIBIT D) and Master Plan (EXHIBIT E) depict outdoor playing fields and recreation areas that will use exterior lighting for evening use. Owner has submitted EXHIBITS G and I delineating the extent of spillover illumination from the ballfields and tennis courts, and EXHIBIT H provides specifications for the proposed tennis court lighting. Prior to installation of any outdoor lighting, Owner will receive approval from the Village Appearance Commission concerning the type and location of all outdoor lighting fixtures on the Property. It is understood and agreed that outdoor lighting shall use a "sharp cut-off' fixture designed to prevent light spillage onto areas adjacent to the Property. Said lighting shall be turned off no later than 10:30 p.m. each day. B. It is understood and agreed that the Owner will submit a Preliminary Plan, including engineering, pursuant to requirements of the Village Development Ordinance prior to any development on the Property. C. Any outdoor public address system installed on the Property is subject to review and approval by the Village. Said public address system shall be designed and installed to minimize any detrimental impacts or nuisances for adjacent properties. IN WITNESS WHEREOF, the Corporate Authorities and Owner/Developer have caused this instrument to be executed by their respective proper officials duly authorized to execute the same on the day and the year first above written. 12 VILLAG F FF RO By ATTEST: B � f Y - OWNER: By ATTEST: By 13 3 MIBIT A BUSCH GROVE COMMUNITY PARK SUBJECT PROPERTY LEGAL DESCRIPTION: Parcels 1, 2 and 3 (area to be annexed 53.2 acres) PARCEL 1: THAT PART OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 29. TOWNSHIP 43 NORTH. RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTHERLY OF THE CENTER OF APTAKISIC ROAD (NOW KNOWN AS BUSCH ROAD AND EASTERLY OF THE CENTER OF STATE HIGHWAY (EXPECT THAT PART THEREOF, DESCRIBED AS FOLLOWS, TO—WIT: (A) BEGINNING AT A POINT IN THE CENTER LINE OF THE PUBLIC ROAD AS FORMERLY LOCATED RUNNING NORTHWESTERLY AND SOUTHEASTERLY ACROSS SAID QUARTER QUARTER SECTION, WHICH POINT IS NORTH 36 DEGREES 40 MINUTES WEST 1294.51 FEET FROM A POINT IN THE SOUTH LINE OF SAID QUARTER QUARTER SECTION 1137.5 FEET EAST OF THE SOUTHWEST CORNER THEREOF; THENCE NORTH 86 DEGREES 21 MINUTES EAST 306.3 FEET; THENCE NORTH 3 DEGREES 39 MINUTES WEST 230 FEET; THENCE SOUTH 86 DEGREES 21 MINUTES WEST ALONG CENTER OF PUBLIC ROAD (AS TRAVELED), 455.83 FEET TO INTERSECTION OF SAID CENTER LINE WITH CENTER UNE FIRST MENTIONED ROAD; THENCE SOUTH 36 DEGREES 40 MINUTES EAST ALONG CENTER OF SAID ROAD 274.29 FEET TO THE POINT OF BEGINNING. AND (B) BEGINNING AT INTERSECTION OF CENTER LINE OF OLD MCHENRY ROAD AS FORMERLY LOCATED AND CENTER LINE OF PUSUC HIGHWAY KNOWN AS APTAKISIC ROAD (NOW KNOWN AS 13USCH ROAD); THENCE SOUTH 86 DEGREES 21 MINUTES WEST ALONG CENTER OF SAID APTAKISIC ROAD (NOW KNOWN AS BUSCH ROAD) PRODUCED SOUTHWESTERLY 210 FEET, MORE OR LESS, TO THE CENTER LINE OF SAID STATE HIGHWAY; THENCE SOUTHEASTERLY ALONG THE CENTER OF SAID HIGHWAY 360 FEET, MORE OF LESS, TO A POINT 230 FEET SOUTHERLY. MEASURED AT RIGHT ANGLES FROM CENTER LINE OF APTAKISIC ROAD (NOW KNOWN AS BUSCH ROAD); THENCE NORTH 86 DEGREES 21 MINUTES EAST ALONG A LINE PARALLEL TO AN 230 FEET SOUTHERLY, MEASURED AT RIGHT ANGLES FROM CENTER LINE OF SAID ROAD FOR A DISTANCE OF 85 FEET, MORE OF LESS. TO THE CENTER LINE OF SAID OLD MCHENRY ROAD; THENCE NORTH 36 DEGREES 40 MINUTES WEST ALONG CENTER OF SAID ROAD, 274.29 FEET TO THE POINT OF BEGINNING), IN LAKE COUNTY. ILLINOIS. PARCEL 2: THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION-29, TOWNSHIP AND RANGE. AFORESAID. (EXCEPT THE EAST 51 FEET LYINOs SOUTti'tOFrITHE'NORTH'f33"FEE J--niEREOF). IN LAKE COUNTY. ILLINOIS. PARCEL 3: THAT PART OF THE WEST HALF OF THE NORTHEAST QUARTER OF SECTION 32, TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING NORTHEASTERLY OF THE CENTER LINE OF STATE ROUTE 54 AS NOW LOCATED, IN LAKE COUNTY, ILLINOIS. SUBJECT PROPERTY COMMON DESCRIPTION: The approximately 53.2 acre tract bounded on the north by Busch Road, on the east by Buffalo Grove Road, and on the west by Illinois Route 83.