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HomeMy WebLinkAboutRes 13-06 04/04/2006 gw mla 03/30/06 RESOLUTION NO. 13-06 A RESOLUTION AUTHORIZING THE EXECUTION OF AN EASEMENT AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND NORWOOD EMERSON LLC (DEVELOPER) FOR BUILDING APPURTENANCES LOCATED AT 100 SOUTH EMERSON STREET, MOUNT PROSPECT, ILLINOIS WHEREAS, Norwood Emerson LLC ("Developer") owns the real estate ("Property") commonly known as 100 South Emerson, Mount Prospect, Illinois; and WHEREAS, the Developer is constructing a mixed-use building on the Property and adjacent property; and WHEREAS, the Developer has requested that the Village grant a right of ingress, egress and access on, over, above and under a public right-of-way to construct, repair, maintain, service and replace certain structures encroaching thereon; and WHEREAS, it has been further determined that it would be in the best interest of all concerned to enter into said Agreement in conjunction with the development of The Emerson. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The Board of Trustees of the Village of Mount Prospect do hereby authorize the Mayor to sign and the Clerk to attest her signature on the Easement Agreement between Norwood Emerson LLC and the Village of Mount Prospect, a copy of which is attached hereto and hereby made a part hereof as "Exhibit A". SECTION TWO: This Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: Hoefert, Korn, Lohrstorfer, Skowron, Zadel NAYS: None ABSENT: Corcoran PASSED and APPROVED this 4th day of April 2006. ATTEST: ~ rt reQQ , /1?t .. ../ clc7!;"7/ , /! M. Lisa Angell, Village' Clerk H: \CLKO\fiIes\WI N\RES\Easement ag rmt, norwoodemerson2006.doc ~ I' &/4, Irvana K. Wilks, Mayor --""'-'~"'''''--'''''''''_''''7'''''_'''''<'''~'''~'~:.=,='~1:'r'\'';TI="=~i'~,~,7''""'^'~''',.,".'_.~~''''.'''''''''''''''':''~''~'''',,"_ This instrument was prepared by, and upon recording shall be returned to: Stephen S. Messutta, Esq. 7458 N. Harlem Avenue Chicago, IL 60631 {The above space is reserved for the Recorder! PTN: 08-12-108-002, -003, -004 Common Address: 100 S. Emerson, Mount Prospect, IL 60056 EASEMENT AGREEMENT ~IS YSEMENT AGREEMENT ("Agreement") is made and entered into as of this ~AJ day ofy;" ,2006 ("Effective Date") by and between NORWOOD EMERSON LLC, an Illinois limited liability company ("Developer") and the VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation ("Village"). RECITALS A. Developer owns the real estate ("Property") commonly known as 100 S. Emerson, Mount Prospect, Illinois 60056, currently legally described on attached Exhibit "A"; B. Pursuant to applicable authority, the Developer is constructing a mixed-use building ("Building") on the Property and adjacent property. The Building will include, among other components and features: in-ground foundation and structural supports; in-ground utility lines; balconies for upper story residential units; lighting elements, signage, awnings, outward- swing doors and other appurtenances at grade; a below-grade grease interceptor system for potential use by food service tenants and occupants in the grade level commercial/retail space; and sidewalks and landscaping surrounding the Building (all the foregoing collectively "Appurtenances"); C. Also pursuant to applicable authority, the Village is requiring that the Developer both record a plat of resubdivision (consolidation) for the Property ("Plat") and dedicate to the Village, per Plat, land areas outside the Building envelope at grade level but within the Property boundaries to the Village for additional right of way for South Emerson Street. An unsigned, reduced version of the Plat substantially in the form as intended to be recorded is attached as Exhibit "B" and depicts, among other things, the area "Hereby Dedicated" along South Emerson Street; D. Upon recording of the Plat and as and when fully constructed, the Appurtenances as installed or in normal use will encroach on, over, above and/or under both E. Busse Avenue (to the north) and S. Emerson Street (to the east) (collectively the "Encroachment Areas"); and E. The parties also agree and acknowledge that it is in the best interests of the parties to improve downtown parking facilities and provide for improved traffic flow in the downtown area to enter into this Agreement. NOW, THEREFORE, and for and in consideration of the foregoing and the mutual covenants of this Agreement, the parties hereto covenant and agree as follows: 1. instrument. Recordina the Plat. The Plat shall be recorded promptly upon recording of this 2. Easements. The Developer reserves to itself and the Village grants to the Developer, easements as follows: a. Developer Reservation. The Developer hereby reserves the right of ingress, egress and access on, over, above and under the Encroachment Areas being dedicated by the Plat (i) to construct and, upon construction, to repair, maintain, service and replace the Appurtenances encroaching thereon and therein and (ii) for the Appurtenances' customary and intended uses and purposes. b. Villaae Grant. The Village hereby grants the Developer the right of ingress, egress and access on, over, above and under the Encroachment Areas (i) to construct and, upon construction, to repair, maintain, service and replace the Appurtenances encroaching thereon and therein and for the Appurtenances' customary and intended uses and purposes. 3. Cost Allocations/Ownership of Appurtenances. The Developer at its sole cost and expense shall construct all Appurtenances. All Appurtenances but for public sidewalks shall be the Developer's sole property; those public sidewalks shall be the sole property of the Village. 4. Indemnitv and Insurance. a. Insurance. Each party shall insure its respective interests under this Agreement in commercially reasonable amounts at all times and shall provide the other with a certificate of insurance of continuous coverage thereof naming the other as an additional named insured as its interests may appear. Each party shall waive its insurance carriers' rights of subrogation against the other in the case of all risks for which the carrier otherwise would have such rights. The Village may self-insure all or any portion of these requirements. b. Indemnitv. The Developer shall indemnify and hold harmless the Village, its officers, agents and employees with respect to any claim or loss, including but not limited to, reasonable attorney's fees, costs and expenses of litigation, claims and judgments in connection with any and all claims for damages of any kind which may arise from, in, on or on account of the Appurtenances irrespective of whether the claim in brought by the Developer, the Developer's agents or employees or any third party. 5. Remedies. a. Self-Help. The parties and their respective successors and assigns each shall have the right of self-help in the event of a breach by another party in that other party's obligations under this Agreement and the failure or refusal of the party in breach 2 to cure the breach within fifteen (15) days after receipt of notice from the party(ies) not in breach, provided that if cure of the breach in question would require reasonable additional time, the party in breach shall have a reasonable additional time for cure. Notwithstanding the foregoing, each party shall have the right to immediate self-help without prior notice of (a) emergencies and (b) at the applicable owner's sole cost and expense for additional snow and ice removal services. b. Default Rate. Any unpaid obligation of a party shall bear interest on the principal balance outstanding and unpaid from and after it is due and payable (all monetary obligations shall be net 30) until it is paid in full, at the rate of 4% in excess of the prime rate of interest per annum from time to time announced in the Wall Street Journal - Midwest Edition. c. General. Each party shall have all of the remedies set forth in this Agreement and all remedies each may have at law and in equity. Each party shall have a lien against the real estate of the other party(ies) from which a party is entitled to a reimbursement under this Agreement. Each and every obligation to perform or not perform an act other than the mere payment of money shall be deemed material and the damages from a breach thereof shall be deemed impossible to determine; each party aggrieved by such performance or non-performance shall be entitled to injunctive relief against the party in breach of performance or non-performance obligation. The prevailing party in any action or dispute shall be entitled to recover from each other party to the action or dispute and not so prevailing, its attorney's fees, court costs and other costs of litigation or dispute resolution. 6. Bindina Effect. Covenant Runnina. This Agreement shall be binding on and inure to the benefit of the parties, and their respective successors and assigns. The easements created and granted in this Agreement shall be covenants running with the land constituting the Redevelopment Area and each portion of it. All references to the Developer shall include its successors and assigns. Developer shall be released from its obligations under this Agreement (a) as to intended condominium and related portions of the Building, upon recording of a declaration submitting those portions of the Property to the Illinois Condominium Property Act, and (b) as to intended retail and commercial areas and related portions of the Building, upon conveyance of those portions of the Building to a grantee thereof. 3 7. Notices. Notices under this Agreement (including changes of name and address for notice) shall be served upon the parties at their respective addresses listed below, by personal receipted delivery, by overnight receipted courier service, by certified mail with return receipt service, or by properly machine-acknowledged electronic transmission followed by mailing a copy of the transmission (with machine-acknowledgement of service) in properly preposted US postal service first class mail service within 24 hours after the machine- acknowledgement: To the Village: With a copy to: To Developer: With a copy to: 8. General. Village Manager Village of Mount Prospect, Illinois 100 South Emerson Street Mount Prospect, Illinois 60056 Village Attorney Village of Mount Prospect, Illinois 100 South Emerson Street Mount Prospect, Illinois 60056 Norwood Emerson LLC 7458 North Harlem Avenue Chicago, Illinois 60631 Stephen S. Messutta, General Counsel Norwood Emerson LLC 7458 North Harlem Avenue Chicago, Illinois 60631 a. This is the entire Agreement of the parties and supersedes any and all prior representations and statements between the parties with respect to the subject matter covered by this Agreement. b. This Agreement may be amended, supplemented or modified in any respect whatsoever, or rescinded in whole or in part, only in a written instrument duly executed and acknowledged by all the parties hereto and recorded in the land records of Cook County, Illinois. c. This Agreement shall be interpreted to give full effect to all of its provisions and to its intent. If any final and non-appealable order of any court or tribunal of competent jurisdiction determines that any provision or provisions is or are void as a matter of law, that provision or those provisions shall be deemed severable and severed and the fullest effect practicable shall be given to the remaining provisions of this Agreement. d. This Agreement shall be governed by the laws of the State of Illinois, including its laws pertaining to conflicts of law. 4 e. An original of this Agreement shall be recorded with the Recorder of Deeds of Cook County, Illinois. WITNESS the parties execution of this Agreement as of the day and year first above written. VILLAGE OF MOUNT PROSPECT, an Illinois municipal corporation ("Village"): By ~ef"P~ Print Name: V.ofh4.. "' '"S Title: lIh"j'PZ.- NORWOOD EMERSON, an Illinois limited liability company ("Developer"): By: 5 STATE OF ILLINOIS) ) SS. COUNTY OF COOK ) I, the Undersigned, being a notary public in and for the State and County aforesaid, do hereby certify that ;c~vaN.a.Ir. tA~I/~, .as ?Jc; YO' of the VILLAGE OF MOUNT/V'<, -r .' PROSPECT, an IllinoIs municipal corporation, and / , as (/1//// ro6/,.) of said corporation, personally known to me to be the same person~ whose name~C~ 1$'<',If subscribed to the foregoing instrument, appeared before me this day and acknowledged that s.lS e... . tRcy signed, sealed and delivered said instrument as ~ free and voluntary act and as the free and voluntary act of the corporation pursuant to authority granted by the Board of Trustees of the corporation, for the uses and purposes therein set forth. c-m~q~~ Notary Pu c Subscribeq~~ sworn to be~ore me this ~ nay of 4/,- / / , 200 (p STATE OF ILLINOIS) ) SS. COUNTY OF COOK) OFFICIAL SEAL M LISA ANGELL NOTARY PUBLIC. STATE OF ILLINOIS MY COMMISSION EXPIRES:07/25109 I, the Under~ned, bein~a notary public in and for the State and County aforesaid, do hereby certify that Nce:r ~ , as ~~rlo~ of Norwood Construction, Inc., an Illinois corporation, as the Manager of the NORWOOD EMERSON LLC, an Illinois limited liability company, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day and acknowledged that he signed, sealed and delivered said instrument as his free and voluntary act and as the free and voluntary act of the corporation and company, for the uses and purposes therein set forth. ~~ Notary Public Subscribe.9~d sworn to before me this ~ day of ~ J....\.. ,200 (p "OFFICIAL SEAL" Stephen s. Messu~t~ Notary Public, State of I1hnOlS My Commission Exp.05/05/2oo7 ':~""""';\f.-"JI~,;',,,,.,f/1I:-~~, ft,"! - "..r-~'(".""1<i''-.' .r' yo, 6 CONSENT OF MORTGAGEE Parkway Bank and Trust Company, which is the holder of a first mortgage dated as of the Ava.vs-t '1. "2-~Q '{' and recorded in Cook County, Illinois on \6 -2..(0 - 2.'::>0 S- - as Document No. Oe::; 2...."" 35" 'f 7 0 , hereby consents to the recording of the within Easement and Cost Allocation Agreement and agrees that its mortgages shall be subject to its terms and conditions. Dated: 7' --- ~tJ G. ,209l. PARKWAY BANK AND TRUST COMPAN~ By: .r?.y~ ~r/f? / pJJi&;1t Vice President ATTEST: STATE OF ILLINOIS COUNTY OF CO I, ~ . , a Notary Public in and for said County and State, do hereby certify that ~ and " rs.spoctively, t11t:~Assi;)tant Vic~ President '~ ~ (f,.+<>H Q. lc of Parkway Bank and Trhl~t Company ("Mortgagee"), appeared before me this d~person and acknowledged that ~signed, sealed and delivered the within instrument as free and voluntary act, and as the free and voluntary act of the Mortgagee, for the uses and purposes therein set forth. ,<<t., GIVEN under my hand and Notarial Seal this .152.- day of ~~ w.:tL ~ ~a-rv-- Notary Public v 0 y , 2oo~b, "Ol.il~'.'"/r;'... ''v.~''''''''''''';~.' lr"</!Ci'L~ It C,t', #1'\.rl..tJ J~}n 4,[" OOHOTHY R. 8 \ :!~. , NOTARY P! I'~Uc "T...:lAR'\iAS He'" .~, 1-\1 [: f'F fl' 'NO IVI omj1";~"I'."n" . ',", IS h, ;:'"../-lp..'t<'fJ< 'j'" '" "'..,;;:~..;-.... _ .,' '. il ()/.-'n08 .. ,. '" '. "."<.~",,,;~;.:~,.,;>,.. 7 EXHIBIT A LEGAL DESCRIPTION PARCEL 1 LOTS 1,4 AND 5, IN BLOCK 13 IN BUSSE AND WILLE'S RESUBDIVISION IN MOUNT PROSPECT IN THE WEST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 31, 1906 AS DOCUMENT NUMBER 3839591, IN COOK COUNTY, ILLINOIS. PARCEL 2 LOT 3 IN VILLAGE CENTRE PHASE 1-B, BEING A RESUBDIVISION OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6, 2001 AS DOCUMENT NUMBER 0011155055, IN COOK COUNTY, ILLINOIS. PARCEL 3 ENTRANCE RAMP - SURFACE THAT PART OF LOT 1 IN VILLAGE CENTRE PHASE 1-B, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6,2001 AS DOCUMENT NUMBER 0011155055, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 88 DEGREES 41 MINUTES 43 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 1.28 FEET; THENCE SOUTH 01 DEGREES 18 MINUTES 17 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE 15.10 FEET TO THE NORTHWESTERLY CORNER OF AN EXISTING BUILDING FOUNDATION; THENCE CLOCKWISE THE FOLLOWING COURSES AROUND THE BUILDING FOUNDATION, SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 21.95 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 19 SECONDS EAST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 18.95 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 19 SECONDS WEST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 6.99 FEET; THENCE SOUTH 00 DEGREES 12 MINUTES 29 SECONDS WEST 24.28 FEET; THENCE SOUTH 58 DEGREES 47 MINUTES 34 SECONDS EAST 12.84 FEET; THENCE NORTH 32 DEGREES 07 MINUTES 25 SECONDS EAST 6.57 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 28.89 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 24.68 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 1.33 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 26.48 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; 8 THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 0.50 FEET; THENCE NORTH 31 DEGREES 34 MINUTES 03 SECONDS EAST 13.29 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 05 SECONDS WEST 36.83 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS EAST 68.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS EAST 0.33 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS EAST 1.58 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 14 SECONDS WEST 0.78 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 81.50 FEET TO A POINT ON THE EAST LINE OF SAID LOT 1; THENCE SOUTH 00 DEGREES 13 MINUTES 20 SECONDS WEST ALONG SAID EAST LINE 27.08 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 08 SECONDS WEST 81.35 FEET; THENCE NORTH 00 DEGREES 05 MINUTES 14 SECONDS WEST 26.94 FEET, TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 4 RAMP/TUNNEL - SUBSURFACE THAT PART OF LOT 11N VILLAGE CENTRE PHASE 1-B, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6,2001 AS DOCUMENT NUMBER 0011155055, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 88 DEGREES 41 MINUTES 43 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 1.28 FEET; THENCE SOUTH 01 DEGREES 18 MINUTES 17 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE 15.10 FEET TO THE NORTHWESTERLY CORNER OF AN EXISTING BUILDING FOUNDATION; THENCE CLOCKWISE THE FOLLOWING COURSES AROUND THE BUILDING FOUNDATION, SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 21.95 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 19 SECONDS EAST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 18.95 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 19 SECONDS WEST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 6.99 FEET; THENCE SOUTH 00 DEGREES 12 MINUTES 29 SECONDS WEST 24.28 FEET; THENCE SOUTH 58 DEGREES 47 MINUTES 34 SECONDS EAST 12.84 FEET; THENCE NORTH 32 DEGREES 07 MINUTES 25 SECONDS EAST 6.57 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 28.89 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 24.68 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 1.33 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 26.48 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 0.50 FEET TO THE POINT OF BEGINNING; THENCE NORTH 31 DEGREES 34 MINUTES 03 9 SECONDS EAST 13.29 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 05 SECONDS WEST 36.83 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS EAST 68.00 FEET; THENCE NORTH 00 DEGREES 00 MINUTES 13 SECONDS EAST 0.33 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS EAST 1.58 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 14 SECONDS EAST 26.16 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 08 SECONDS WEST 1.62 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 13 SECONDS WEST 0.50 FEET; THENCE NORTH 89 DEGREES 54 MINUTES 08 SECONDS WEST 38.07 FEET; THENCE SOUTH 00 DEGREES 25 MINUTES 15 SECONDS EAST 11.94 FEET; THENCE SOUTH 31 DEGREES 58 MINUTES 13 SECONDS WEST 27.75 FEET; THENCE NORTH 58 DEGREES 24 MINUTES 11 SECONDS WEST 25.94 FEET, TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. THE BOTTOM PLANE OF THE VERTICAL SPACE OF THE ABOVE DESCRIBED PARCEL SHALL BE (BASED ON VILLAGE OF MOUNT PROSPECT TBM-582, ELEVATION 666.66 MEASURED, 666.52 FEET PUBLISHED) AN ELEVATION OF 657.00 FEET (LOWEST FLOOR) AND THE TOP PLANE, SHALL BE 667.60 FEET (CEILING). PARCEL 5 FILL- IN SURFACE PIECE THAT PART OF LOT 11N VILLAGE CENTRE PHASE 1-B, BEING A SUBDIVISION OF PART OF THE NORTHWEST QUARTER OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED DECEMBER 6,2001 AS DOCUMENT NUMBER 0011155055, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 88 DEGREES 41 MINUTES 43 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 1 A DISTANCE OF 1.28 FEET; THENCE SOUTH 01 DEGREES 18 MINUTES 17 SECONDS WEST, PERPENDICULAR TO THE LAST DESCRIBED LINE 15.10 FEET TO THE NORTHWESTERLY CORNER OF AN EXISTING BUILDING FOUNDATION; THENCE CLOCKWISE THE FOLLOWING COURSES AROUND THE BUILDING FOUNDATION, SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 21.95 FEET; THENCE NORTH 00 DEGREES 19 MINUTES 19 SECONDS EAST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 18.95 FEET; THENCE SOUTH 00 DEGREES 19 MINUTES 19 SECONDS WEST 5.59 FEET; THENCE SOUTH 89 DEGREES 41 MINUTES 13 SECONDS EAST 6.99 FEET; THENCE SOUTH 00 DEGREES 12 MINUTES 29 SECONDS WEST 24.28 FEET; THENCE SOUTH 58 DEGREES 47 MINUTES 34 SECONDS EAST 12.84 FEET; THENCE NORTH 32 DEGREES 07 MINUTES 25 SECONDS EAST 6.57 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 28.89 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 24.68 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; 10 THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 1.33 FEET; THENCE SOUTH 31 DEGREES 35 MINUTES 49 SECONDS WEST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 26.48 FEET; THENCE NORTH 31 DEGREES 35 MINUTES 49 SECONDS EAST 0.33 FEET; THENCE SOUTH 58 DEGREES 24 MINUTES 11 SECONDS EAST 0.50 FEET; THENCE NORTH 31 DEGREES 34 MINUTES 03 SECONDS EAST 13.29 FEET; THENCE NORTH 00 DEGREES 17 MINUTES 05 SECONDS WEST 36.83 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING NORTH 00 DEGREES 17 MINUTES 05 SECONDS WEST 13.77 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 1; THENCE SOUTH 58 DEGREES 22 MINUTES 39 SECONDS EAST ALONG SAID NORTH LINE 24.15 FEET; THENCE NORTH 90 DEGREES 00 MINUTES 00 SECONDS EAST 49.08 FEET; THENCE SOUTH 00 DEGREES 05 MINUTES 14 SECONDS EAST 0.78 FEET TO THE OUTSIDE FACE OF A EXISTING CONCRETE FOUNDATION; THENCE NORTH 89 DEGREES 59 MINUTES 47 SECONDS WEST ALONG SAID OUTSIDE FACE OF CONCRETE FOUNDATION 1.58 FEET; THENCE SOUTH 00 DEGREES 00 MINUTES 13 SECONDS WEST ALONG SAID OUTSIDE FACE OF CONCRETE FOUNDATION 0.33 FEET; THENCE SOUTH 89 DEGREES 59 MINUTES 47 SECONDS WEST ALONG SAID OUTSIDE FACE OF CONCRETE FOUNDATION 68.00 FEET, TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. 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