2005-049 f
After recording mail to:
Village Clerk
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, EL 60089
7/21/2005
ORDINANCE NO. 2005- 49
AN ORDINANCE APPROVING AN ANNEXATION AGREEMENT FOR
COMMONWEALTH EDISON COMPANY
Metra parking lot expansion and stormwater facility
Buffalo Grove Metra Station,Commerce Court
WHEREAS, the Village of Buffalo Grove is a Home Rule Unit by virtue of the
Illinois Constitution of 1970; and,
WHEREAS,there has been submitted to the Corporate Authorities of the Village of Buffalo
Grove an Annexation Agreement concerning the property legally described in Exhibit A hereto;and,
WHEREAS, proper and due notice of the public hearing concerning said Annexation
Agreement and Zoning has been given and the 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.
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AYES: 5 - Braiman, Glover, Berman Kahn Rubin
NAYS: 0 - None
ABSENT: 1 - Trilling
PASSED: Au ust 1, 2005
APPROVED: August 1, 2005
ATTEST: APPROVED:
Village Clerk ELLOITT HARTSTEIN,Village President
This document was prepared by: Robert E. Pfeil, Village Planner,
Village of Buffalo Grove
50 Raupp Boulevard
Buffalo Grove, IL 60089
' 4
JULY 11,2005
ANNEXATION AGREEMENT
THIS ANNEXATION AGREEMENT (the "Agreement")is made and entered into as of this 1 st
day of August, 2005, by and between Commonwealth Edison Company, an Illinois corporation
("ComEd"),and the Village of Buffalo Grove,an Illinois municipal corporation(the"Village").
RECITALS:
A. ComEd owns certain land lying outside of, but contiguous to,the corporate limits of the
Village, which land is occupied by electrical and communications facilities owned and operated by
ComEd and is legally described in Exhibit A attached hereto and made a part hereof(the"Property")and
which Property is depicted on Exhibit B attached hereto and made a part hereof.
B. ComEd utilizes the Property for electric utility purposes and uses incidental or in any
way related thereto or resulting therefrom (collectively, "Operations"), including without limitation the
construction,installation,reconstruction,maintenance, repair, upgrade,expansion, addition,modification,
renewal, replacement, relocation, removal, use and operation of electrical and communications systems,
equipment, structures, improvements and facilities, including, without limitation, transmission and
distribution facilities,whether now existing or hereafter to be installed, in,at,over,under,along or across
the Property(collectively,the"Facilities").
C. The Property is not included within the corporate limits of any other municipal
corporation,is contiguous to the Village, has no electors residing on it and may be annexed to the Village
as provided under Section 7-1-8 of the Illinois Municipal Code,65 ILCS 5/7-1-8.
D. The Commuter Rail Division of the Regional Transportation Authority ("Metra7%
desires to construct a commuter parking facility on part of Property ("Parking Facility") and has
entered into a certain Parking Lease with ComEd dated uj Ti ,2005.
E. Vernon Township,an Illinois township desires to construct a detention facility on part of
the Prope ("Detention Facility")and has entered into a certain Easement Agreement with ComEd dated
tm bev ,2005.
F. At the request of the Village,ComEd has agreed to enter into this Annexation Agreement
and at ComEd's discretion to have the Property annexed to the Village all as an accommodation to the
Village and to assist in the development of the Parking Facility and Detention Facility and in reliance
upon the representations and assurances of the Village, as documented herein, that, except as expressly
provided in this Agreement, (i) annexation of the Property will not result in any additional restrictions
(including without limitation any municipal regulations) or any financial burdens of any kind or nature
whatsoever being imposed by the Village or third parties on ComEd's Operations on the Property, and
(ii) the Village will fully and faithfully perform and observe during the term of this Agreement all of the
terms and conditions to be performed or observed by the Village hereunder.
G. The Village President and members of the Board of Trustees of the Village(collectively,
the "Corporate Authorities"), after due and careful consideration, have concluded that the annexation of
the Property on the terms and conditions hereinafter set forth would further the growth and development
of the Village and promote the best interests of the Village.
H. A proposed annexation agreement substantially in substance and in form of this
Agreement was submitted to the Corporate Authorities, and after a public hearing was held thereon
pursuant to notice as required by statute, said proposed annexation agreement was approved by
resolutions passed by a vote of two-thirds of the Corporate Authorities.
I. The Village will notify each and every fire protection district, library district and all
other entities or persons entitled to notice prior to the annexation of the Property in accordance with all
requirements of applicable law.
J. Section 11-15.1-2.1 of the Illinois Municipal Code(65 ILCS 5/11-15.1-2.1)provides that
property that is the subject of an annexation agreement is subject to the ordinances, control and
jurisdiction of the annexing municipality in all respects the same as property that lies within the annexing
municipality's corporate limits. The parties hereto, agree that the exception to the foregoing Section, as
set forth in Subsection (b) thereof, is not applicable to this Agreement since ComEd has ownership or
control of all property that would make the Property contiguous to the Village.
AGREEMENT
NOW, THEREFORE, in consideration of the foregoing recitals and of the mutual covenants and
agreements herein contained, it is hereby agreed by the Village and ComEd as follows:
1. Recitals and Exhibits. All of the foregoing recitals and the Exhibits attached hereto, are
hereby incorporated into this Agreement as though fully set forth herein.
2. Annexation Petition. At such time as ComEd determines, in its sole and absolute
discretion, ComEd may file with the Village Clerk a proper petition ("Petition"), which Petition is
conditioned on the terms and provisions of this Agreement, to annex the Property to the Village. In the
event ComEd files a Petition the Village hereby agrees to annex the Property upon the terms and
conditions contained in this Agreement.
3. Jurisdiction. The Village hereby acknowledges and agrees that ComEd and the use of the
Property are subject to the jurisdiction of the Illinois Commerce Commission and other applicable State
and Federal regulatory agencies and that such jurisdiction fully pre-empts any and all jurisdiction,
regulation or control that the Village may attempt to exercise over ComEd's Operations on the Property.
The Village hereby further agrees to the following jurisdictional matters and conditions regarding ComEd
and the Property:
(a) Concurrently with the passage of an ordinance annexing the Property, the
Village and its Corporate Authorities shall pass an ordinance zoning the Property in the Industrial
District with a special use for a commuter parking facility and a permitted use of ComEd's
existing and future Operations and Facilities. Any subsequent ordinance or regulation passed by
the Village and its Corporate Authorities which has the effect, directly or indirectly, of changing
the foregoing designation of the Property shall be null and void.
(b) The Village hereby acknowledges and agrees that any ordinances, regulations,
codes, resolutions, maps or other items having the force of law relating to zoning, subdivision
controls, planning, land use, plats, fences, public safety or health, antennae, building or
occupancy permits, parking, loading areas, hours of operation, the environment, emissions or
other controls, wetlands, flood control, tree trimming or any related matter (together with any
amendments thereto or replacements thereof and all additional laws or items having the force of
law related to any such matters that may be adopted in the future by the Village, being referred to
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hereinafter collectively as the "Village Regulations") which restrict or are inconsistent with
ComEd's Operations shall not be applicable to the Property.
(c) As long as the uses of the Property are for Operations, the Village will not suffer
or permit any of the Village Regulations-to be applied or enforced at any time or in any manner
against all or any portion of the Property, irrespective of the source of the Village's authority,
which restrict or are inconsistent with ComEd's Operations. The Village acknowledges and
agrees that its current Village Regulations do not prohibit, limit or otherwise affect in any
material manner ComEd's ownership,use or Operation of all or any portion of the Property.
(d) In no event shall the Village condemn, take or exercise any power of eminent
domain (or induce or encourage other entities to commence any such proceedings)relative to all
or any portion of the Property,without the prior written consent of ComEd.
(e) Notwithstanding the foregoing and anything contained in this Agreement to the
contrary, the Village acknowledges and agrees that in no event shall ComEd's entering into this
Agreement be deemed to constitute a waiver or limitation of any right, claim(including, without
limitation, any claim to exemption, pre-emption or non-applicability) or privilege which ComEd
may have under applicable law,whether on account of its status as a electric utility or otherwise.
Nothing contained herein shall be deemed to confer upon any State, Federal or local regulatory
agency any jurisdiction, authority or control not otherwise conferred upon such body under
applicable law.
(f) The provisions of this Agreement shall supersede any and all provisions of the
Village Regulations that may be in conflict or inconsistent with the provisions of this Agreement.
4. No Further Annexation of ComEd ProMM. Except for the annexation of the Property
pursuant to the terms of this Agreement, the Village shall not annex, nor take or support any action or
activity that has, or could directly or indirectly have, the intent, purpose, effect or result of annexing or
attempting to annex to the Village or to any other municipality or unit of local government any other
portion of property owned by ComEd without the express prior written consent of ComEd,which consent
may be withheld for any or no reason.
5. Real Estate Taxes,Assessments and Other Impositions.
(a) The Village hereby agrees to cooperate fully with ComEd and to exercise all
reasonable efforts with the appropriate township assessor's office(s) in order to ensure that one
or more separate property tax identification numbers will be issued for the Property to become
effective immediately upon the annexation of the Property pursuant to this Agreement. The
Village hereby agrees to cooperate fully with ComEd and to exercise all reasonable efforts with
the appropriate township assessor's office in order to ensure that the tax parcel(s)for the Property
shall be classified for assessment purposes as vacant agricultural land or as any classification
otherwise available for vacant land that results in the lowest possible assessed value.
(b) The Village agrees to abate all property taxes and assessments that may
otherwise be levied by the Village upon the Property. Without limiting the generality of the
foregoing, the Village shall not, at any time, impose upon all or any portion of the Property any
tax, assessment,charge or fee of any kind or nature whatsoever against the Property, irrespective
of the source of the authority therefor, provided, however,that if the Village is prohibited by law
from not assessing any such tax against ComEd, the Village expressly agrees to provide rebates
or otherwise make payments to ComEd in the amount of such assessment.
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6. Expense Reimbursement/Waiver. In connection with the matters described herein, the
Village hereby waives any fees, impositions, charges, donations or other payments or exactions of any
kind or nature whatsoever, including without limitation application fees, or other charges imposed for
annexations or for processing applications for zoning amendments, it being acknowledged and agreed that
no such charges shall be imposed on ComEd in connection with the subject matter of this Agreement.
7. Indemni1y. The Village hereby agrees to indemnify, defend (with counsel acceptable to
ComEd) and hold harmless ComK Exelon Corporation, a Pennsylvania corporation, their respective
affiliated entities, and the officers, directors, employees, agents, legal representatives, successors and
assigns of each of them (collectively, the "ComEd Indemnitees') from and against any and all losses,
damages, claims, actions, proceedings, costs, expenses (including, without limitation, reasonable
attorneys' fees and costs)and other liabilities incurred by any of the ComEd Indemnitees or asserted by the
Village or any other party against any or all of such ComEd Indemnitees that result or arise from the
annexation or proposed annexation or disconnection of the Property or the failure of the Village to observe
any of its covenants or obligations under this Agreement. Without limiting the generality of the foregoing,
the Village hereby agrees to pay for all reasonable legal costs and expenses incurred by ComEd or any of
the ComEd Indemnitees in connection with(a)any challenge by the Village or any other party, other than
a ComEd Indemnitee, to (i) the annexation or proposed annexation or disconnection of the Property
pursuant to the terms and conditions of this Agreement or (ii)the enforceability of all or any of the
provisions of this Agreement, or(b)any other claims, controversies, negotiations, or transactions between
ComEd and the Village or any other party, whether or not a court action is filed, related to the subject
matter of this Agreement. The Village acknowledges and agrees that the foregoing indemnity constitutes a
material portion of the bargained for consideration received by ComEd in exchange for its agreement to
have the Property annexed to the Village hereunder. The Village further acknowledges and agrees that it is
contractually bound by the foregoing indemnity to appropriate such funds as may be required from time to
time to satisfy the Village's obligations hereunder. This Section shall survive the termination of this
Agreement.
8. Further Assurances. The Village and the Corporate Authorities agree to enact such
resolutions and ordinances, do all things necessary or appropriate, or take such other action as may be
necessary or desirable to enable the Village and the Corporate Authorities to comply with the terms of this
Agreement and to permit ComEd to realize the full benefit hereof, including, without limitation, entering
into, executing and delivering extensions to the term of this Agreement, as provided in Section 12 of this
Agreement. In addition, the Corporate Authorities agree to do all things that may be necessary from time
to time to enable ComEd to continue to use the Property and the structures and improvements located
thereon for Operations, including specifically,electric utility purposes or uses incidental or related thereto.
9. No.Third Party Beneficiaries. ComEd's consideration of and, if applicable, its execution
of this Agreement shall in no way be deemed to confer any rights on any third parties and ComEd and the
Village hereby disclaim the existence of any third party beneficiaries of this Agreement.
10. Defense and Enforcement of Agreement. The parties agree to the following terms and
conditions regarding the defense and enforcement of their respective rights and obligations under this
Agreement:
(a) ComEd, subject to its right to indemnification under Section 7 hereof, and the
Village shall take all actions necessary or appropriate to defend the validity of this Agreement
and all actions taken and all documents executed pursuant to or in connection with this
Agreement.
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(b) This Agreement shall be enforceable in any court of competent jurisdiction by
each of the parties hereto by any appropriate action at law or equity,including without limitation
any action to secure the performance of the representations,promises,covenants, agreements and
obligations contained herein, by mandamus, specific performance, injunction or otherwise, or by
any action to obtain money damages for a breach of this Agreement. The parties acknowledge
that any failure by either of them to perform their respective representations,promises,covenants,
agreements or obligations under this Agreement will cause immediate and irreparable harm for
which no adequate legal remedy will be available. Accordingly, each party waives all defenses to
requests for equitable relief based on the purported absence of immediate, irreparable harm or the
availability of adequate legal remedies.
(c) The failure of either party to insist upon the strict enforcement and prompt
performance of the representations, promises, covenants, agreements and obligations set forth in
this Agreement shall not constitute or be construed as a waiver or relinquishment of such parry's
right thereafter to enforce any such representation, promise, covenant, agreement or obligation,
but the same shall continue in full force and effect.
(d) The rights and remedies set forth in this Agreement (including ComEd's right
and remedy of disconnection as set forth in Section 11 hereof) are non-exclusive and cumulative
in nature. Either party may exercise any one or more of the rights or remedies described herein or
resort to any other remedy available to such party at law or in equity without first exhausting and
without impairing any right or remedy afforded hereby.
11. Right to Disconnect. The Village and ComEd agree that ComEd may (without any
obligation to do so) elect to disconnect from the Village all or any portion of the Property, at any time
during the term of this Agreement if the Village breaches,in any material respect, or fails to perform any
material obligation in a timely manner any of the Village's representations, warranties, undertakings,
indemnities, covenants or agreements contained in this Agreement. If any alleged breach of or failure to
perform its obligations hereunder by the Village is capable of being cured within sixty (60) days, the
Village shall be allowed sixty(60)days after written notice from ComEd to cure such alleged breach of or
failure to perform the Village's obligations as set forth in this Agreement.
12. Term of Agreement. This Agreement shall be valid and binding upon the Village and
ComEd,and their respective successors and assigns, for a period of twenty (20)years from and after the
date of its execution; provided, however, that if such twenty(20)year term as applied to this Agreement
shall be held invalid by a court of competent jurisdiction,the term shall be the maximum term permitted
by applicable law as of the date of this Agreement or such longer term as may be subsequently allowed.
Notwithstanding anything to the contrary contained in this Agreement, the terms and provisions of
Section 7 of this Agreement shall survive the expiration or termination of this Agreement. This
Agreement shall survive the annexation of the Property and shall not be merged into or expunged in
whole or in part by the annexation of the Property. In any event this Agreement shall terminate, except
for the terns and conditions of Section 7 hereof which shall survive the expiration or termination of this
Agreement (for any reason), upon the expiration or termination (for any reason) of that certain Parking
Lease dated I-A!,? 2005, between ComEd and Metra relating to the Property or that certain Easement
Agreement date 2005 between ComEd and Vernon Township relating to the Property.
13. Binding Effect of Aweement/Amendments. This Agreement shall be binding upon and
inure to the benefit of the parties hereto,and their respective successors, assigns, lessees or licensees. The
Village and ComEd agree that the benefits and burdens under this Agreement are not personal but run
5
with the land comprising the Property. This Agreement may be amended in writing from time to time
with the consent of the parties hereto pursuant to statute.
14. Severabilib/Invalidity. If any clause, phrase, provision or portion of this Agreement or
the application thereof to any person or circumstance shall be held to be invalid or unenforceable under
applicable law by a court of competent jurisdiction, such invalidity or unenforceability shall not affect,
impair or render invalid or unenforceable any other provision of this Agreement, nor shall it affect the
application of such clause,phrase, provision or portion hereof to any other persons or circumstances, and
the parties agree to amend this Agreement by replacing the invalid or unenforceable term with such other
terms and conditions as will give the fullest possible effect, within the limits of applicable law, to the
intentions and understandings of the parties as set forth in this Agreement. Notwithstanding the
foregoing, in the event that any of the terms and conditions contained in Sections 3,4, 5, 6, 7, 8, 9, 10, 11
or 12 hereof are determined by a court of competent jurisdiction to be invalid or unenforceable in any
material respect, then, at ComEd's option,the Property may be declared to have been invalidly annexed,
and in such event, ComEd shall be entitled to obtain an order disconnecting the Property from the Village
as an invalidly annexed parcel in the manner provided under Section 7-1-48 of the Illinois Municipal
Code,65 II.CS 5/7-1-48.
15. >Zegulatory ARproval. This Agreement may be subject to the approval of one or more
regulatory agencies. If this Agreement is subject to such approval, the parties agree to jointly seek such
approval. If such approval is denied after the annexation of the Property hereunder, such annexation shall
be null and void and ComEd shall have the right to seek disconnection of the Property,unless ComEd and
the Village, in the exercise of their sole individual discretion, agree to any modifications of this
Agreement that may be required to obtain the approval of the subject regulatory agency.
16. Authori1y. The Village hereby represents and warrants that this Agreement was
authorized and approved by the Corporate Authorities pursuant to its Ordinance No. 2005-49 adopted on
August 1,2005, and that no further action is required in order for this Agreement to constitute the legally
binding obligation of the Village, enforceable in accordance with the terms and conditions hereof. Each
party to this Agreement hereby represents and warrants to the other that it has full power and authority to
execute, deliver and perform their respective obligations under this Agreement in accordance with its
terms and conditions.
17. Counterparts. This Agreement may be executed in a number of identical counterparts. If
so executed, each of such counterparts is to be deemed an original for all purposes, and all such
counterparts shall,collectively,constitute one agreement.
18. Variations. The Village does hereby approve variations to Section 17.36.030(F)(1)
of the Village's Zoning Ordinance to allow parking stall widths of 8.5 feet instead of 9.0 feet and an aisle
width of less than 26.0 feet, both in accordance with the Tans attached as an exhibit to the Parking Lot
Lease by and between ComEd and Metra dated 2005. The Corporate Authorities of the
Village hereby find that (i) said variation is nedesmly because the Property cannot yield a reasonable
return if permitted to be used only under the conditions allowed in the Village's Zoning Ordinance and
that Metra,as lessee of the Property,is a regional governmental transportation authority and therefore as
a public entity is mandated to provide the most cost effective transportation operations,(ii)the plight of
Metra is due to unique circumstances in that the project to be constructed must be located on the specific
Property to ensure that it is a viable commuter rail transportation facility and(iii) the proposed variation
will not alter the essential character of the neighborhood in that immediately adjacent to the north of the
Property are existing commuter railroad facilities and to the east an existing railroad right-of-way.
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(continued on next page)
7
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the day
and year first above written.
VILLAGE OF BUFFALO GROVE
By: 0-0--it
Name: Elliott Hartstein
Title: Village President
ATTEST:
VilWe Clerk
COMMONWEALTH EDISON COMPANY
By: &ZX-4�
Name: Gt, LJZV 1 G1..
Title: 4b CZ &es;'C��
It
R
r:
1 ,
STATE OF ILLINOIS )
SS
COUNTY OF COOK,/ )
I,�.�it 1fU���i�E!_,a Notary Public in and for said County,in the State aforesaid,do hereby
certify that J! DA✓ry the 1/jCE-. of COMMONWEALTH EDISON
COMPANY, an Illinois corporation, personally known to me to be the same person whose name is
subscribed to the foregoing instrument as such officer, appeared before me this day in person, and
acknowledged that he signed and delivered the said instrument as her own free and voluntary act and as
the free and voluntary act of said company,for the uses and purposes therein set forth.
Given under my hand and notarial seal this 12'�day 200
E
VK SEALMUEMPEL Notary Public
C-STATE OF ILLNW
ION EXPStEB:01.1'S-07
STATE OF ILLINOIS )
) SS
COUNTY OF L L 2 )
I, a Notary Public in and for said County, in the State aforesaid, do hereby
certify at El iott Hartstein,personally known to me to be the Village President of the Village of Buffalo
Grove, and Janet Sirabian, personally known to me to be the Clerk of said Village, both of whom are
personally known to me to be the same persons whose names are subscribed to the acceptance of the
foregoing instrument as such Village President and Village Clerk,appeared before me this day in person,
and acknowledged that they signed and delivered such acceptance for and on behalf of said Village and
caused the corporate seal of said Village to be affixed thereto as their free and voluntary act, and as the
free and voluntary act of said Village for the uses and purposes therein set forth, pursuant to a written
rfAution duly passed by the President and Board of Trustees of said Village on the ) day of
2006
Given under my hand and notarial seal this day of 2006
`OFFICIAL SEAL"
W FAY RUBIN Notary lic
"Wors COMMISSION EXPIRES 01/24/08
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List of Exhibits:
Exhibit A Property Legal Description
[TO BE PROVIDED BY COMED]
Exhibit B Map of Property
10
r
Exhibit A-Annexation Territory
Commonwealth Edison
Commonwealth Edison Right of Way
THAT PART OF BLOCK 3, TOGETHER WITH THAT PART OF LOTS 4 AND 5 IN BLOCK 4,
TOGETHER WITH THAT PART OF LOTS 1 THROUGH 10, INCLUSIVE, IN BLOCK 8,
TOGETHER WITH THAT PART OF LOT 1 IN BLOCK 9, TOGETHER WITH THAT PART OF
LOT 1, IN BLOCK 15, TOGETHER WITH THAT PART OF LOTS 3 AND 4, IN BLOCK 16,ALL IN
HORATIO GARDENS, BEING A SUBDIVISION OF PART OF THE SOUTH 1/2 OF THE
NORTHEAST 1/4 OF SECTION 33 AND PART OF THE NORTHWEST 1/4 OF SECTION 34,
TOWNSHIP 43 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN,
ACCORDING TO THE PLAT THEREOF RECORDED JULY 13, 1927 AS DOCUMENT NUMBER
302090, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF
INTERSECTION OF LOT LINE 4/5 IN BLOCK 4 IN SAID HORATIO GARDENS WITH A LINE
BEING 210 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE SOUTHWESTERLY
RIGHT OF WAY LINE OF THE WISCONSIN CENTRAL LTD., RAILROAD (FORMERLY THE
MINNEAPOLIS ST. PAUL & SAULT ST. MARIE RAILWAY); THENCE NORTHEAST ALONG A
LINE DRAWN PERPENDICULAR TO THE LAST DESCRIBED SOUTHEASTERLY LINE, 210.00
FEET TO AN INTERSECTION WITH THE AFOREMENTIONED SOUTHWESTERLY RIGHT OF
WAY LINE OF THE WISCONSIN CENTRAL LTD., RAILROAD (FORMERLY THE
MINNEAPOLIS ST. PAUL & SAULT ST. MARIE RAILWAY); THENCE SOUTHEAST ALONG
SAID SOUTHWESTERLY RIGHT OF WAY LINE TO A POINT 25.00 FEET SOUTHEASTERLY
OF THE NORTHEAST CORNER OF LOT 1, IN BLOCK 15 AFORESAID; THENCE
SOUTHWESTERLY ALONG A LINE DRAWN PERPENDICULAR TO THE SOUTHWESTERLY
RIGHT OF WAY LINE AFORESAID, 210.00 FEET TO THE INTERSECTION WITH A LINE
BEING 210.00 FEET SOUTHWESTERLY OF AND PARALLEL WITH THE SOUTHWESTERLY
RIGHT OF WAY LINE OF THE WISCONSIN CENTRAL LTD., RAILROAD (FORMERLY THE
MINNEAPOLIS ST. PAUL & SAULT ST. MARIE RAILWAY); THENCE NORTHWESTERLY
ALONG SAID LAST DESCRIBED SOUTHWESTERLY LINE, TO THE POINT OF BEGINNING,
IN LAKE COUNTY, ILLINOIS.
Commonwealth Edison
Vernon Township Right of Way
Within Commonwealth Edison Right of Way
THAT PART OF LOTS 3 THROUGH 8, INCLUSIVE, IN BLOCK 16, TOGETHER WITH THAT
PART OF LOTS 1 THROUGH 8, INCLUSIVE, IN BLOCK 15, ALL IN HORATIO GARDENS,
BEING A SUBDIVISION OF PART OF THE SOUTH 1/2 OF THE NORTHEAST 114 OF
SECTION 33 AND PART OF THE NORTHWEST 1/4 OF SECTION 34, TOWNSHIP 43 NORTH,
RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT
THEREOF RECORDED JULY 13, 1927 AS DOCUMENT NUMBER 302090, BOUNDED AND
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHWESTERLY RIGHT OF
WAY LINE OF THE WISCONSIN CENTRAL LTD., RAILROAD (FORMERLY THE
MINNEAPOLIS ST. PAUL & SAULT ST. MARIE RAILWAY), 25.00 FEET SOUTHEASTERLY OF
THE NORTHEAST CORNER OF LOT 1 IN BLOCK 15 AFORESAID; THENCE
SOUTHEASTERLY ALONG THE EAST LINE OF SAID LOT 1 IN BLOCK 15 AND THE
SOUTHEASTERLY EXTENSION THEREOF TO A POINT 30.00 FEET SOUTHEASTERLY OF
THE NORTHEAST CORNER OF LOT 7, IN BLOCK 15 AFORESAID; THENCE SOUTHWEST
ALONG A LINE DRAWN PERPENDICULAR TO THE AFOREMENTIONED SOUTHWESTERLY
RIGHT OF WAY LINE OF THE WISCONSIN CENTRAL LTD., RAILROAD (FORMERLY THE
MINNEAPOLIS ST. PAUL & SAULT ST. MARIE RAILWAY), TO A POINT ON THE WEST LINE
OF LOT 8, IN BLOCK 15 AFORESAID; THENCE NORTH ALONG THE WEST LINE OF BLOCK
15 AFORESAID, TO AN INTERSECTION WITH THE EASTERLY EXTENSION OF THE SOUTH
LINE OF BLOCK 16 AFORESAID; THENCE WEST ALONG THE SAID SOUTH LINE TO THE
WEST LINE OF BLOCK 16 AFORESAID, THENCE NORTH ALONG THE WEST LINE OF SAID
BLOCK 16 TO THE NORTHWEST CORNER OF LOT 3 IN BLOCK 16 AFORESAID; THENCE
Y
EAST ALONG THE NORTH LINE OF LOT 3, IN BLOCK 16 AFORESAID TO A POINT OF
INTERSECTION WITH A LINE 210.00 FEET SOUTHWESTERLY OF AND PARALLEL WITH
THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE WISCONSIN CENTRAL LTD.,
RAILROAD (FORMERLY THE MINNEAPOLIS ST. PAUL & SAULT ST. MARIE RAILWAY);
THENCE SOUTHEASTERLY ALONG A LINE BEING 210 FEET SOUTHWESTERLY OF AND
PARALLEL WITH THE SOUTHWESTERLY RIGHT OF WAY LINE OF THE WISCONSIN
CENTRAL LTD., RAILROAD (FORMERLY THE MINNEAPOLIS ST. PAUL&SAULT ST. MARIE
RAILWAY) TO A POINT OF INTERSECTION WITH A LINE DRAWN PERPENDICULAR TO
THE SOUTHWESTLY RIGHT OF WAY AFORESAID, EXTENDED SOUTHWESTERLY FROM
THE POINT OF BEGINNING; THENCE NORTHEASTERLY ALONG A LINE PERPENDICULAR
TO SAID SOUTHWESTERLY RIGHT OF WAY LINE, TO THE POINT OF BEGINNING, IN LAKE
COUNTY, ILLINOIS.
TFWSURVEYING V
- MLPPING =
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PARKING LOT NO. 3
\ 1 II
59 -Z- -I; i (Metra/ComEd Lease Property)
60 71 DETENTION PREMISES
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