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HomeMy WebLinkAboutRes 12-79 04/04/1979 3/28/7r RESOLUTION NO. 12~79 A RESOLUTION DIRECTING THE EXECUTION OF AN ANNEXATION AGREEMENT REGULATING THE ANNEXATION OF PROPERTY LOCATED ON MAPS 46-S AND 47-S OF THE ZONING ORDINANCE OF THE VILLAGE OF MOUNT PROSPECT WHEREAS, the Corporate Authorities of the Villag~ of Mount Prospect on April 4, 1979, at the hour of 8: 00 p.m., did hold a public hearing upon the proposed Annexation Agreement for the regulation of the annexation of certain property to the Village of Mount Prospect, Which property is located on Maps 46-8 and 47-S of the Zoning, Ordinance of the Village of Mount Prospect; and WHEREAS. a notice or-said public hearing was published in the March 19, 1979. edition of a newspaper of general circulation within the Village of Mount Prospect; and WHEREAS, notice has been given and a public hearing was held on February 22, 1979. at 8: 00 p.m., before the Zoning Board of Appeals of the Village of Mount Prospect with respect to the aforementioned Annexation Agreement and certain rezoning and zoning variations to be agreed upon therein; and WHEREAS, the Corporate Authorities of the Village of Mount Prospect believe that such Annexation Agreement is in the best interests of the Village of Mount Prospect; NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF .TRUSTEES iOF THE VILLAGE OF MOUNT PROSPECT. COOK qOUNTY, ILLINOIS: iSECTION ONE: That the President of the Board of Trustees of the Village of IMount Prospect is hereby authorized to sign and the Village Clerk of the Village lof Mount Prospect is hereby authorized to attest the Annexation Agreement made lia part hereof and attached hereto as Exhibit I, which Annexation Agreement. I!pursuant to the provisions of Division 15.1 of Article II of Chapter 24 of the Illinois liRevised Statutes. shall regulate the annexation of the following described proper- Ilties: I PARCEL 1 All that part of Lots 11 through 15, inclusive, and Lot 16, except the East 235.0 feet of the South 90.0 feet thereof, in Elmhurst-Algonquin Industrial Park, Unit No.2. being a subdivision in the South East 1/4 of Section 23, Township 41 North. Range 11 East of the Third Principal Meridian, according to the plat thereof recorded February 20, 1968, as Document 20409121, taken as a tract, and which lies West of the East line of the West 1/2 of the South East 1/4 of said Section 23 and which lies South of the North line of the South 1175.0 feet of the North 3/4 of the West 1/2 of the South East 1/4 of Said Section 23, in Cook County, Illinois; PARCEL 2 The East 235 feet of the South 90 feet of Lot 16 of the Elmhurst-Algonquin Industrial Park unit number 2. being a subdivision in the Southeast 1/4 ii ,~'" of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian, as recorded on February 20, 1968, as document number 20409121 in the office of the Recorder of Deeds in Cook County, Illinois. SECTION TWO: That the said Annexation Agreement shall be binding upon the successor owners of record of the above described land which is the subject of the said agreement and upon successor municipal authorities of this Village of Mount Prospect, Cook County, Illinois. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: 6 NAYS: o ABSbNT: o PAS SED this 4th day of April April . 1979. APPROVED this 4th day of , 1979. /p " ( 1- [l,t;~l "-C..c . >>:J'/l__>f.-- Mayor (,! /-;/ I~ /[.W-L4~. ATTEST: I~) 1;" r/ ,; \ i%614~/?/ W, j.7;d--~7'-<.J)--~ Village Clerk . -2- . f ,V' ,~ . " l<NNE:XP-TIrn A(;RE::Er1Ei.JT This .Annexation Agreerrent is :ma.de and entered into this 4 th day of May , 1979, by and bet:v;.een the VIUAGE OF H::XJNT PRCSPEX::l', a Tilli1icipal corporation of O:x:>k County, Illinois (hereinafter referred to as the "VI LIAGE " ) by and through its President and Board of Truste=--s (hereinafter collectively referred to as tITHE CORPORATE AUIHORlTIESn arrl H.~S ~l>iK JI.NI) TRUST ca.rPANY, as Trustee under Trust Agreerrent dated Decenib2r 19, 1977 and Jmo..m as Trust Nurriber 38192, and not individually, (hereinafter referred to as tIG~"). WIT N E SSE T H: \'iHEREAS, GVNER is the ovmer of record of all of the real estate described in Exhibit A, attached hereto ard ffi3de a par:t,hereof by reference . (hereinafter saretirres referred to as the "SUbject Territory"), all of which real estate is contiguous to the corporate limits of the VIUAGE and not within tbe corporate limits of any other rrnmicipality; am, . i-:nE.REAS, the VIUAGE has rE.'gUested CW1,~LR, and Cl\NER desires; to annex all of the Subject TerritOry to the VILlAGE, uFOn the terms and cordi tio.'1s hereinafter set forth; and, ~'::-lE:REAS, the parties hereto ackno,yledge that the annexation of sai? ,terri t()ry am the p2rfounance of this Agree.:-:-2l1t will inure to the b2nefit of roth parties; and, , ~ '\';:-fERE..~, all PJblic hearings, as required by law, have been held (in~l-=~:ing a hearing on the zoning relief to be granted hereunoer), arrl all . notices l-"~;lired by law ~o be given, 'incluCiing to appropric:te governi81tal e,.tities c::J the requisite affidavits certifying to such notice have been or ,,'ill be re....~ed in the Office of the FL..""Corder of D2eds of ():x:)k County, '., Jllinois. '. '- \. . . . NCM, THEK-:PORE, in consideratiap of the pr::=ni S05 c..T'l..:J (".f c-= mutual covenants herein contained, the adequacy arrl sufficiency 0= \.~:i en ~~ hereby .acbx:1.-vledged, it is hereby mutually agreed by and b2tv~ the urY.S=.::-- signed as follows: 1. This Agreerent is rrade pursuant to, arrl in accordance with, the applicable provisions of Chapter 24, Section ll-IS.l-l et seq. of the Illinois Revised statutes, the Illinois Constiilltion arrl Ordinances of the VII...I.AGE. 2. o;-\NER has filed (or will file upon execution of this Agreerre.i1t), with the Viilage Clerk of the VILlAGE, a petition for annexation, conditioned on the tenns and provisions of this Agreanent, to annex the Subject Territory to the VILI..AGE. 3. The Corp::>rate Au thor i ties, upon the execution of this Agreerrent . \ arrl upon the filing of a prcper petition by O;~, as hereinabove provided, will waive all annexation, zoning and other fees normally charged for annex- ation and zoning petitions, arrl enact an ordinance annexing the SUbject Territory to the VIUAGE including to the far side of Carbay lbad and Nordic Road, if not heretofore annexed. a. After passage of the aforesaid ordinance, the C;;~ will cooperate with the VILIAGE in the recording (or registration, as the case may b2) of an Accurate ].~p (Plat , ~ of Annexation) of the subject territory. '\ b. The costs of such Plat as well as its recorDation , (or registration) will be l:orne by the VIL.IAGE. - I -. " 4. Inrrediate1y after the passage of the Ordinance annexing ". .. the 'Subject Territory, the OJrporate Authorities shall cause to be a:3o?t;ed ... . . .... qn arrencnent to the ~GE Zoning Ordinance, zoning and classif)ring the Subje::1:. Territory to the I-I Light In:3ustrial District classification. . . .- .' . ., , 5. 'Within sixty (60) days of the date hereof (or at such later t.ine 'as the parties rray agree), the VIllAGE shall convey to O\NER (or its . . nanince) the real estate legally described in the attached Exhibit B, nOOe . . a ~ hereof and in..."'OI'p:U"ated herein by reference, in co.~ide.rat.i~'l of . . . . Upon receipt 01 J) Drcp-3r l€ttt'T of otr2GtIo'il frc!'n it~ DCnenCar:es, :ww.ch: the avNER l!1J8R ]f@8@iip4! 8f a 1J1."81HW l8~~ sf 8 or said beneficiaries . &ilM'iiil&r~Sha_11 cause to be conveyed to the VILIAGE that real estate legally described in the attached Exhibit C, made a part hereof and incorporated . , - --~-.- herein by reference. It is understocrl that it is the present intent of the VILIAGE and its Corporate Authorities to utilize the land descriJ?ed on Exhibit C hereto as a storm water detention site as well as a well, reservoir, and purrping station site, provided that the Village shall not reduce the storm 'Water retention capacity lower than the rn.inirra:nn required by the Metro- politan Sanitary District of Chicago. If required by CWNER's attorney, the Corporate Authorities agree to enact an ordinance under the heme rule pov..rers of the VILIAGE which will ernpo..;er the VILIAGE to convey to a\1NER or its nominee the real estate described in Exhibit B, and to authorize such rmdertaking in this Agreement without necessity of public or other bidding and without any conditions except as set forth herein. Title for each of said parcels shall be nerchantable and free of all liens and encumbrances at the time of closing, and shall be subject only to general real estate taxes for 1978 and subsequent years and covenants, conditions and restrictions of record, provided none shall prohibit the uses conterrplated hereunder. Such title shall be evidenced by letters of opinion (dated currently with the closing) of Chicago Title Insurance O::rnpary in the arrount of FORrY THOUSAND ($40,000.00) DOLIARS each (or such other '" title insurance ccrnpany as grantee shall otherwise agree), or if registered in Torrens, by Torrens Original Certificate of Title and Special Tax and Lien Searchs. If title is defective, the responsible party shall have thirty (30) additional days within which to cure such defects. Real estate taxes and other usual and custcmary itans shall be prorated as of date of closing. If title to the real estate described in Exhibit Band/or C is subject to a right of reva:ter, or any similar right conditioned on use or otherwise, it is a condition of O-NER's obligations hereunder that the party in whose favor such reverter or other right exists releases sane prior to closing. In the event any such reversionary interest is lX>t released within the aforesaid thirty (30) days period or within the pericd during \tfuich closing is extended by nutual agreerrent of the parties hereto, this paragrafh 5 shall be null and void and of no farce or effect whatsoever. -3- .~<O:".'."., After a zoning hearing as required by law, the Corporate Authorities shall enact an ordinance arrending its Zoning Ordinance, rezoning ~ re- classifying the parcel described in said Exhibit B to the I-I T.ight Industrial District classification. IImediately follCMing closing the parties shall cause recordation (or registration, as the case may be) of the Plat of Suhlivision, a copy of which is attached hereto and hereby made a part hereof as Exhibit Dj which recording (or registration) shall be at the OWNER's sole cost and expense. 6. With respect to the aforerrentioned Plat of Suhlivision (See Exhibit D), it is expressly acknCMledged that the OWNER shall not make any ~r inproverrent to the curb, gutter, and/or paverrent appurtenant to Carboy and/or Nordic Roads. HCMever, in the event OWNER must open any portion of said roadways in order to extend or bring VILIAGE CM1l1ed sewer and/or watennains to the Subject Terri tory, such costs of any such extension of such main(s) as well as costs of right-of-way renovation shall be borne by the GVNER. HCMever, sewer and water tap-on fees norma.lly charged by the VILlAGE for extension as well as for connections of service lines shall be credited CWNER against inspection fees to be charged CWNER as set forth hereinafter. 7. All land developnent and construction and original occupancy of inproverrents on the Subject Territory and the real estate described in Exhibit B shall be in accordance with the zoning, building and life safety code and other applicable laws and ordinances of Cook County, in effect as of date of issuance of County Building Penni ts, notwithstanding the classification of the said real estate to the I-I Light Industrial District zoning classification in the VILLAGE. 'Ihe parties acknCMledge that OWNER has been issued Cook County Building Permits No. 780576 and has Imde application for Pennit No. 790127 for two industrial buildings on the Subject Terri tory, pursuant to the Site Plan attached hereto and hereby made as part hereof on Exhibit E. '!he parties hereto further agree that the Subject Terri tory shall be developed as an industrial office and warehousing use. No entert.ainrrent uses shall be permitted. It is expressly rmderstood and agreed that during the tenn of the Agreerrent no VILIAGE ordinances applicable to subdivision, zoning, building, life safety, land develC>pTeIlt or original occupancy shall be applied to the - 4 - """'.''''''''''''''. Subject Territory or to the real estate described in Exhibit B, and that the said laws and ordinances of C(X)k County shall be applied, including but not limited to, off-street parking and loading, side yards, pennitted uses, outside storage of trucks, trailers and other equifID211t and materials, intensity of use, lot size, maximum lot coverage by buildings and parking, sign regulations, fencing and parking within yards, and perfonnance standards. Nei ther main building to be constructed will exceed 112,000 square feet in gross main fl(X)r area and each will be oonstructed substantially in confOrm3J}ce to the building plans prepared by Babbin Associates, Inc. and Albert R. Belrose & Associates, Ltd., heretofore suhnitted to the VILIAGE. In the event that any VILLAGE standard shall be less than that required by Cook Connty, OVNER shall have the right to elect the less stringent VILIAGE standard. avNER intends to install sprinkler systems in the main: buildings to be constructed. The VILIAGE waives building pennit fees, but will inspect to insure that Cormty standards are being met, and nay enforce Cook Cormty standards as if they were VILlAGE standards. CW\IER shall have the right to construct a separate storage building on the South 100 feet of lot 16 which will not be sprinklered. 8. . The VILLAGE will issue no stop orders directing work stoppage on buildings or parts of the project without setting forth the Section of the C(X)k Ccunty Ordinance allegedly violated by OV1\1ERi and al1ov..>ing CMNER to forthwith proceed to correct such violations as nay exist. 9. The VILLAGE agrees to issue all necessary penni ts including tenant inprove-nents: (Rea:>gnizing, however, that CWl'ilER has a right to construct pursuant to County Building Permits heretofore issued), \vithin seven (7) days after receipt of application therefor, for the full developnent, improvarents and construction of the buildings conterrplated herewrler, or issue a letter of denial wi thin said period of t.ir.e infonning the applicant as to wherein the application does not conform to a stated section of the applicable Ccrlc County Ordinance. Penni.ts for all other inproverre.nts shall -5- . . De issued within fourteen (14) days after receipt of application therefor and letters of denial as af'orEisaid, if any, shall be issued within the sa:i're time 0- , .: -iod. ..VlLL.b1:iE shall charge inspection fees for aci:u;al ~sPections.- ~ 10. T'ne VJl...L1:I.GE agrees to issue certificates of occupancy for buildings and uses contE31plated hereunaer within five (5) v.;orking days of requests or issue a letter of denial wi thin said period of lime informing tile applicant specifically as to what corrections are necessary as a condition to the issuance of a certificate of occupancy and quoting the Section of the Cook Cbunty Ordinance relied up::>n by the VTI.lAGE for correction. 11. Within thirty (30) days after the execution hereof, in lieu of C_1Y l::onds or cash escrorw deposits for public improvE31\':?nts, the aVNER, at its. election, may furnish, and the VILL.~GE will accept an irrevCXAble letter of creclit or o:mnit:rrent fran a b3.nk, indicating that there are adequate funds available for one-hundred .percent (100%) of the estimated costs of public i..,:.?::-ove.Tents which shall consist solely of extensions to water, sanitary SE'h'e,r and stann s~'er systems, and that such funds are being held for such PU"l-fOses only and for no other J?l.1I1X'se, provided, h<:7wever, any such security :.all be in the fonn attacl}ed hereto and he:;..-eby made a part hereof as Exhibit E. 12. Construction of any public irnprove.m2nts shall be sUpexvised c?_Dd insp...-::.cted by the Village Engineer fran time to time as r~ed and as . -; v.'Ork progresses. h'llen either the 2b:>veg:"ound or underground inprovenents :- .: any phase or unit reing developed is ccrrpleted, final approval shall be obtained fran the VILI.AGE upon rea:::IiTflt'>--11d.ation by the Village Engineer. '. -_-~--cn writte., notice to the Village Engineer by O'NER, said Village Engineer sh;lil cause a final inspection of all \o,Qrk and see that sarre has b..~ ccnpleted '0: axoraa.n~e v.ri.th th2 2R,::>roVed plans a..'1d sp:?Cifications. The Village Engineer . _:111 reo.::r.r.end approval to the VIIL~GE, or designate in writing within ty.'Cnty CiO) .da}'s fran notification \oohat shall be required to obtain acceptance of " . . . .-3id .public inpro\'~t citing the applicable sections of the VIL1.AGE ordinances ._'r regluallo."ls aT)d provisio.,s of this Agr~t. Upori O~'S correction of i.:.y deficiencies in snid public i.nprove;n:~nts and notice then."f to the Village r. -Jin~r, S3.id D)gik""'eI' shall reins?-"'"Ct and JT\.1Xe his recl.:'r.ltXmdation to the \"';'l1~~te Auth.'"\l-itics ,,'bleb sh.-lll accept said public in'{U"'Ovarent at its~'t regularly schedulerl neeting. The VILIiC dortt:S to rerluce in am:runt a';;~: "::. . .. security, as descri.b::rl in p...ragraph 11 of' this Ag:r;eerrent, as v.urk progresses and such ir:provarents are accepted by the VI.LT.AGE. 13. The parties shall <XX:lperate in obtaining a tax division for the parcels to re exchanged pursuant to Paragraph 5 hereof. 14. The VILIAGE and Corporate Authorities agree to adopt any and all ordinances, resolutions and notions, arrl to take any and all such further actions as may be necessary to fulfill the intent of this AgreE3'ient which is to develop and .i.rrprove the Subject Territory arrl the real estate described in Exhibit B as if said territory was not armexerl to the VILlAGE rot rerramed in unincorporated. Ccx:>k County. IS. It. is agreed that the rrain buildiJ?gs which a\NER nay constIuct ahd 0CCl1J?Y hereurrler will have insulated aluminum exterior wall panels arrl . . \ will re substantially as s.h:Jwn in the protograph. attached hereto as Exhibit F . and made a part hereof by reference. ..16. In'view of the fact that the VILIAGE will not issue building - permits, the GVNER will pay the V1I...IAGE rea~~~ inspection fees for Building arrl Engineering ~ions, }?-li'suant to the fee schedule at~ched hereto arrl hereby made a part hereof as Exhibit G. In the event.O\NER undert.aXes construction or other v.urk not covered by ~unty Pennits, a.."NER - shall first ~ecure VILIAGE ~ ts, UfCl1 payrrent to the VILlAGE of the usual ~ fee~ .and .charges. '\ . ., .17. .' I .The zoning designation agreed to herein, arrl all no:lifications I . . therefran contained herein, shall survive the term of. this Agrearent. .. ... ..", .' .. . . - . . 18.' It is agraed bY the parties that tllre is of the essence in .. . . - this Agrearp..nt, and that'" said parties will rraJce every reasonable effort to . . . ". .. , ~t.e tfu natters herein inclU:CJed. . . . ... ..- . ~ ~. . .' . ., , · 19~. : ~S.A~t ~ be aw1icab1e to ::~ estate in Exhibit B . . . - ,.... - . - :..~. -... .- as real estate in Exhibit A. . :. -. _ - . . -- -- ... --. -... .. -. ...... .. -7- . ~ . to' , 20. 'lhis A~pnt !::-..:l.J2 ~ e:-.::c::::--: :-::-l~ :.- ,:::y court of carpetent jurisdiction by any appropriate ac;LJon at lc:....; or llt '=-::: ~ t.i: to secure the pe.rfo~ce of the. cx>venants herein (X)ntain9:i. 21. If any provision of this Annexation Agreerrent, or any section, sentence, clause, phrase, or \\Ord, or the application thereof in any circurnst.anCe, is held invalid, such provision shall be deerred to re excised herefran and the invaiidity thereof s.lJall not affect any of the other provisions (X)ntained herein. . L 22. This Annexation Agreem=nt shall be binding up::m and inure to the benefit of the parties hereto, any and all successor owners of record of land which is the subject of this Agreerrent, assigns, grantees, developers, lessees, except as otherwise provided for in this Agres-rent, am up:>n any . - succesSor nu.micipal authorities of said VILIAGE arrl successor nunicipalities for a pericx1 of ten (IO) years <:x::mTenCing as of the date hereof, even though . . ~ ". .. the County building pennits may have ex:pir~. pP:>n mutual agreerrent of the parties" hereto, the tirre for performance of any obligati~ri herein cx>ntained and the .~iratian date of this A~t ma.y be exterrled if hereafter authorized by law. 23. It is the agreeirent of the parties that the provisions of this Annexation Agreerrent shall supersede the applicability of ariy o:rdinanees, ccrles or regulations of the VILlAGE which Jiay be in conflict wi t:h the proVisions of this AgreEffi2J1t. ~ " . .. . I .~~. .In the event the VI~GE ooes not carply substantially with the terms arrl provisions of tl}is Agreem=nt within the t.irre sp2Cified herein, . . " . r ~ in the ~vent of a breach of any naterial provisio.'1 of this Agreerrent ... . . bY the Vrr.i.AGE, a:na. provided the O\'NER is not then in default in the per- . -. .& .... : .' fonrance of any m3.terial"provision of this Ag.:.-eement, in addition to , , . ..'. . . ~e . renedies herein provided, the Cl~ m3Y elect to di.sconnect fran the '. &. . !-. .~~...," . . -:! .. .., ... to ~ the Subject Territory or any p:>rtion thereof. To effectuate such. _ _ . . .. .. . ~ -- .. '. . .. ~ ... . . ... - ... . -..... ". . - . ...:." "" . " . .. to all ~:_--- ..:1:_ ~ ...- ~.. . <?iscx:mnection, t::re VII1.AGE agrees adopt necessary o.LU.~.u.::u~ ~-~.:::.!-~:..,...~~~ . .._ . _., ~'. .. .... - ;,,"~.:;...i:.::_~"''':':::-.':'';~' J .-.. ......-... - ....::... ...~ . .'1 or. . - '. -8- . .' ''\ C'::-:-~::;::'__...J the Subject Territory, or any portion fuereof, upon the filing by the r- '=:"~ of a Disconnection p~tition in the fOml providerl by statute, it reinS ::.~3erstcx:x1 that the VILIAGE shall raise no defense to the fonn or substance of said Disconnection Petition. I n the event any portion of the Subject Territory is disexmnected frem the VILIAGE, the obligation of the VILIAGE to furnish sewer, water or other nnmicipal services to any portion of the Subject Territory diseonnectErl p.rrsuant to this paragraph shall continue, and without obligation in a:~ to pay any ta~n or connection fees. 25. Should any pertinent existing or future enacted resolutions or ordinances' of said VILIAGE be in any v.;ay inconsistent wi fu any provision of this Agrearent, then the provisions of this Agreerrent, under such circum- stances, shall constitute lawful and binding exBIptions to the tenns of said inc:onSistent ordinances or resolutions as they relate to the Subject Territory and the real estate describe:1 in Exhibit B after Subject Territory. , -- - -. -'.\ - Where this Agrearent is silent, the VILlAGE ordiDances shall apply and control. - . 26. Up:m the recording <?f the Plat of ~exatiori of the Subject Terrifury, the CMner shall (in concert with the CMner of adjacent territory to the :~'2st of the Subject Territory, which .adjacent territaJ:y is the .Subject of the VIlJAGE's Resolution No.' . .32 -78) file a suitable p.roceeding with with ~ County of CcDk (incluCling suitable- court prcx:eedings, if necessary) to discqnnect the Subject Territory as v;ell as the adjacent territory for the Elk G~e Rural Fire Protection District and thereby rerrove said Subject . Territor,;' and adjacent territol:y fran the County Assessor's tax roll of said ~ "lI District arrl pl~~e '~a.-_~itories upon the said Assessor's tax rolls for -- ---. -.~. - ------- ----- --..------- - - -.... -- the Vi 11age of .M::xmt Prospect, as of the date of the recording of the plat of annexation rather than as of January 1, 1979. IN \'ITINES$ \\HERIDF I the parties hereto have caused this Annexation Agree'TI::-nt to be executed by themselves or their duly authorizerl officers as of the day and year first above written. -9- _c.'.",e"",- ., It is expressly urx3erstocrl and agreed by and l::etv..een the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representations, covenants, undertakings and agreem:=>.Jlts herein made on the part of the Trustee while in form purporting to l::e the representations, covenants, undertakings and agreerrents of said Trustee are nevertheless each and every one of thEm, rrade and intended not. as personal representations, covenants, undertakings and agreem2nts by the Trustee or for the purp:::>se or with the intention of binding said Trustee personally but are made and in- tended for thepul:IX>se of binding only that fOrtion of the trust property specifically described herein, and this instrmrent is executed and delivered by said Trustee not in its CMI1 right, but solely in the exercise of the }?ONers conferred upon it as such Trustee; and that no personal liability or personal responsibility is assumed by nor shall at any tine be asserted or enforceable against the Harris Trust and Savings Bank under said Trust Agreerrent, on account of this instrurrent or on account of any representation, covenant, undertaking or agreement of the said Trustee in this instrurrent contained, either expressed or implied, all such personal liability, if any, being expressly waived and released. VILIAGE OF M:>UNT PRJSPEX:T, an Illinois municipal corporation. By: ~~. ;V, ~"LA- P sident . ~uJ~ Village Clerk HARRIS BA..l\IK & TRUST ca.jpA~, not individually, but as Trustee under Trust Agreerrent dated D:=cember 19, 1977 and knCMn as Trust No. 38192 r) / / ..,./ f/ Its: U.,~1 ,YlCE fRESIIlENT /> -tt~-- / , By ATTEST: --') ~2 ' L ' ( ~I p~~/ ' ~/;{4,(!l~ ~-;-;-- I . - / - ?>~I j.....C- ~I Its L.ssist~:n.G Sooretary / # -10- EXHIBIT A LEGAL DFSCRIPI'ION OF THE SUBJECl' PROPERrY: All that part of Lots 11 tlu:ough 15, inclusive, and Lot 16, except the East 235.0 feet of the South 90.0 feet thereof, in EIMHURST-ALGONQUIN rnDUSTRIAL PARK, Unit No.2, being a sub:1ivision in the Southeast 1/4 of Section 23, Township 41 North, Range 11 East of the 3rd Principal Meridian as per the plat therEPf recorded February 20, 1968 as Document No. 20409121, taken as a tract, which lies West of the East line of the West 1/2 of the Southeast 1/4 of said Section 23 and which lies South of the North line of the South 1175.0 feet of the North 3/4 of the West 1/2 of the Southeast 1/4 of said Section 23, Cook County, Illinois . " , EXHIBIT B The East 235 feet of the South 90 feet of wt 16 in Elmhurst Algonquin Industrial Park Unit Number 2, being a Subdivision in the South East QJ,arter of Section 23, 'I'c:Mnship 41 North, Range 11 East of the 'rhird Principal M=ridian, as recorded on February 20, 1968 as Docurrent Number 20409121 in the office of the Recorder of reeds, in Cook County, Illinois. , . ~----.. ,'I' EXHIBIT C - Lot 6 in EJmhurst Algonquin Industrial Park Unit Nurrber 2, being a Subdivision in the South East 1/4 of Section 23, 'I'cMnship 41 North, Range 11 East of the 'lhird Principal Meridian, as per the Plat thereof recorded February 20, 1968 as Doctrrrent NurTber 20409121, in Cook County, Illinois. ,/' EXHIBIT A lEGAL DESCRIPI'ION OF THE SUBJECI' PROPERlY: All that part of IDts 11 through 15, inclusive, and IDt 16, except the East 235.0 feet of the South 90.0 feet thereof, in EI.MHURST-AI.roNQUIN INDUSTRIAL PARK, Unit No.2, being a su1:di vision in the Southeast 1/4 of Section 23, Township 41 North, Range 11 East of the 3rd Principal Meridian as per the plat thereof recorded February 20, 1968 as Dxurnent No. 20409121, taken as a tract, which lies West of the East line of the West 1/2 of the Southeast 1/4 of said Section 23 and which lies South of the North line of the South 1175.0 feet of the North 3/4 of the West 1/2 of the Southeast 1/4 of said Section 23, Cook Cormty, Illinois . . . ~ , EXHIBIT B The East 235 feet of the South 90 feet of Lot 16 in Elmhurst Algonquin Industrial Park Unit Number 2, being a Subdivision in the South East Quarter of Section 23, 'ID-mship 41 North, Range 11 East of the Third Principal ~ridian, as recorded on February 20, 1968 as Document Number 20409121 in the office of the Recorder of Deeds, in Cook County, Illinois. , . " . '" ""~""- , , EXHIBIT C lDt 6 in Elmhurst Algonquin Industrial Park Unit Nurrber 2, being a Subdivision in the South East 1/4 of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian, as per the Plat thereof recorded February 20, 1968 as Docurrent Nurrber 20409121, in Cook County, Illinois.