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HomeMy WebLinkAboutRESOLUTION - 16-02 - 2/26/2002 - ANNEX AGREEMENT/ALEXIAN BROS MED CTRRESOLUTION NO. 16-02 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND ALEXIAN BROTHERS MEDICAL CENTER (Martha/Lincoln/Biesterfield) WHEREAS, on February 26, 2002, a public hearing was held pursuant to Section 65 ILCS 5/11-15.1 et. seq. of the Illinois Municipal Code to consider the approval of an Annexation Agreement between the Village of Elk Grove Village and Alexian Brothers Medical Center; and WHEREAS, as a result of the testimony and evidence presented at said public hearing, the Mayor and Board of Trustees of the Village of Elk Grove Village find and believe it to be in the best interest of the Village that the Annexation Agreement between the Village and Owner be approved. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Board of Trustees of the Village of Elk Grove Village, Counties of Cook and DuPage, State of Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign an Annexation Agreement between the Village of Elk Grove Village and Alexian Brothers Medical Center which is attached hereto and made a part hereof and the Village Clerk is authorized to attest said document upon the signature of the Mayor. Section 2: That this Resolution shall be in full force and effect from and after its passage and approval according to law. VOTE: AYES: Trustees S. Lissner, J. Petri, C. Prochno, N. Czarnik, B. Dill, P. Feichter, Mayor Johnson NAYS: 0 ABSENT: 0 PASSED this 26th day of February 2002. APPROVED this 26th day of February 2002. ATTEST: Ann I. Walsh Village Clerk Craig B. Johnson, Mayor resoAlexMnexAgree.doc ANNEXATION AGREEMENT THIS ANNEXATION AGREEMENT is made and entered into this 26th day of February, 2002, between the VILLAGE OF ELK GROVE VILLAGE, an Illinois municipal corporation of Cook and DuPage Counties, Illinois, hereinafter referred to as the "Village", and ALEXIAN BROTHERS MEDICAL CENTER, a Texas non-profit corporation, hereinafter referred to as "Owner", all pursuant to the provisions of 65 ILCS 5/11-15.1-1 et M. WITNESSETH: WHEREAS, Owner is the fee simple owner of record of the real property described in Exhibit "A" incorporated herein ("Subject Premises"), which is not within the corporate limits of any municipality, and which, along with portions of Martha and Lincoln Streets, constitutes the "territory" to be annexed to the Village of Elk Grove Village, in accordance with the provisions of 65 ILCS 5/7-1-1, 7-1-8 and 11-15.1-1 et ss.; and WHEREAS, said Subject Premises and the relevant portions of Martha and Lincoln Streets are not within the corporate limits of any municipality, but are in the unincorporated area of Cook County and are presently contiguous to the Village; and WHEREAS, the Owner and PSL HOLDINGS, L.L.C., an Illinois limited liability company (as joint venture partners) intend to develop approximately three (3) acres of the Subject Premises into congregate senior living facilities, and the Owner intends to develop the remaining four and nine -tenths (4.9) acres for hospital, medical or other related uses. WHEREAS, the Owner desires the annexation of the Subject Premises, pursuant to the terms and conditions as hereinafter set forth and has filed a duly executed and authorized Annexation Petition with the Village Clerk signed by the owners of record of all land within the Subject Premises and by all electors residing thereon, if any; and WHEREAS, the Owner seeks to subdivide the Subject Premises pursuant to Village Ordinances and all other statutory requirements into two (2) lots (hereinafter referred to as Lot I and Lot 2) and seeks to re -zone Lot 1 into an O -T Office/Transitional Zoning District and to re -zone Lot 2 into an A-2 Residential Zoning District, with a Special Use Permit for congregate senior housing; and WHEREAS, the Owner has presented to the Village Clerk and to the Corporate Authorities of the Village a duly executed petition for rezoning the Subject Premises, requesting a Special Use Permit for Lot 2 and requesting various modifications and variances to and from the Village's Ordinances, together with a plat of subdivision; and WHEREAS, Owner has furnished the North Cook County Soil and Water Conservation District and the Illinois Department of Natural Resources with all necessary information relative to the anticipated development of the Subject Premises and the latter agency 011.471685.14 has concluded there are no threatened or endangered species on or in the vicinity of the Subject Premises; and WHEREAS, due notice as required by statute has been sent to and received by the Trustees of all Fire Protection Districts and Public Library Districts having jurisdiction over the Subject Premises, the Township Road Commissioner(s) and Town Board of Elk Grove Township, and any other entity or person entitled to such notice and the parties will file affidavits of such service of notice with the Recorder of Deeds for Cook County in accordance with applicable provisions of the Illinois Municipal Code, and will comply with all other additional requirements of the Illinois Municipal Code; and WHEREAS, a public hearing before the Village Plan Commission was held on January 16, 2002 and continued to January 30, 2002, to consider said zoning change, the Special Use Permit, and modifications and variations to the Village's Zoning Ordinance pursuant to proper notice published on December 31, 2001 by the Village in the Daily Herald, a newspaper of general circulation within the Village, pursuant to notice given by the Village to surrounding property owners and pursuant to notices posted by Owner on the Subject Premises, all as required by the Illinois Municipal Code, Village's Zoning Ordinance and Village Resolution No. 42-74; and WHEREAS, the Plan Commission has recommended to the Corporate Authorities of the Village that the Subject Premises be re -zoned, as hereinafter set forth, that certain modifications to and variations from applicable regulations of the Village's Zoning Ordinance be granted, as hereinafter set forth, and that a Special Use Permit be granted with respect to Lot 2 as hereinafter set forth; and WHEREAS, a public hearing before the Mayor and Board of Trustees of the Village (collectively, the "Corporate Authorities") with regard to this Agreement, the development and the re -zoning of the Subject Premises was held on February 26, 2002, pursuant to proper notice published on February 11, 2002, by the Village in the Daily Herald, a newspaper of general circulation within the Village, pursuant to notice given by the Village to surrounding property owners and pursuant to notices posted by Owner on the Subject Premises as required by the Illinois Municipal Code, Village's Zoning Ordinance and Village Resolution No. 42-74; and WHEREAS, the parties desire, pursuant to applicable provisions of the Illinois Compiled Statutes (including, without limitation, those set forth at 65 ILCS 5/11-15.1.1 et, sem,) the Village's Ordinance and the Village's home -rule authority, to enter into an agreement with respect to the annexation of the Subject Premises to the Village, the re -zoning and subdivision and with respect to various other matters related thereto; and WHEREAS, the Corporate Authorities of the Village have considered the annexation of the Subject Premises to the Village, the re -zoning and subdivision of the Subject Premises and the approval of certain modifications to and variations from applicable regulations of the Zoning Ordinance and Subdivision Control Ordinance, and they have determined that the best interests of the Village will be served by the annexation of the Subject Premises to the Village and the zoning, subdivision and development of the Subject Premises in accordance with 2 011.471685.14 the provisions of this Agreement and, by the affirmative vote of at least two-thirds of the Corporate Authorities then holding office, the Corporate Authorities have approved this Agreement and have authorized the Mayor and Clerk of the Village to execute this Agreement; and WHEREAS, the parties have materially changed their economic and other positions in reliance upon the parties' execution and delivery of this Agreement and their performance of their respective obligations hereunder. NOW, THEREFORE, in consideration of the foregoing preambles, which are hereby incorporated into and made a part of this Agreement, and of the mutual covenants hereinafter contained, the parties agree as follows: ARTICLE I ANNEXATION AND VARIATIONS The Village and the Owner shall do all things necessary or appropriate to cause the Subject Premises, together with the relevant portions of Martha and Lincoln Streets shown on the plat of annexation (attached hereto as Exhibit B) to be validly annexed to the Village. Furthermore, the Village hereby grants the Subject Premises the following variances to and from the requirements of the Village's Zoning Ordinance and Subdivision Control Ordinance and shall do all things necessary or appropriate to allow for the following: (i) Lot 2 is hereby granted a variance from Section 7A- 3(C)(2)(b)(2)(A)(i) of the Village's Zoning Ordinance to allow buildings to exceed two stories and to allow a building in height, exclusive of antennae, of fifty (50) feet and a cupola of fifty-eight (58) feet. (ii) Notwithstanding the requirements in Section 7.1 of the Village's Zoning Ordinance or any other applicable laws, ordinances or other rules, any and all buildings located on Lot 1 shall be set back no less than twenty (20) feet from Lot 2, not the seventy-five (75) feet or other distance which would otherwise be required. (iii) Except as provided in Article IX(c) below, the Owner shall not be required to dedicate any land or open space to the Village in connection with the development of Lot 2 as would normally would be required under Section 8-1213-1-1E of the Village's Subdivision Control Ordinance. In addition, no land donation will be required in connection with the development of Lot 1, if Lot 1 is developed under the O/T zoning district. The foregoing shall include the enactment of such resolutions and ordinances as maybe necessary to cause the Village to comply with the terms of this Agreement, including the granting of any Zoning Ordinance amendments, variations, modifications or Special Use 3 011.471685. 14 Permits, variations or approvals, to permit Owner to develop Subject Premises in accordance with the terms of this Agreement. ARTICLE II ZONING Immediately following the adoption of the ordinance annexing the Subject Premises to the Village, the Corporate Authorities of the Village shall adopt an ordinance amending the Comprehensive Plan and official Map and Zoning Map of the Village, classifying and zoning the Subject Premises as follows: a. Classifying and zoning Lot 1 as O -T Office/Transitional. b. Classifying and zoning Lot 2 as a Residential A-2 District with a Special Use Permit allowing Lot 2 to be developed for congregate senior housing under Sections 7A-3(c)(b) . The aforesaid underlying zoning district classifications shall create permanent zoning classifications for the Subject Premises and thereafter, until amended in the manner provided by law for the amendment of zoning classifications. The Special Use Permit, modifications and variations described above shall not lapse or expire as a result of the passage of time or upon the happening of any event or the failure of any event to occur. ARTICLE III DEVELOPMENT AND TRAFFIC STUDY The Village, concurrent with the adoption of a ordinance annexing the Subject Premises to the Village, shall approve the Plat of Subdivision in accordance with the plat of subdivision to be attached hereto as Exhibit C. The plat of subdivision will cause the Subject Premises to be resubdivided to consist of two (2) lots as shown on Christopher B. Burke Engineering, Ltd.'s plat of subdivision, Project No. 01-411 dated September 20, 2001. The Owner hereby agrees to develop the Subject Premises in substantial conformance with the plat of subdivision and to develop Lot 2 in substantial conformance with and as shown on the site plan dated December 5, 2001 prepared by Behles & Behles. Prior to the development of Lot 1, Owner shall submit a site plan to the Village Plan Commission and the Village Board of Trustees and will hire a qualified traffic engineer to conduct a traffic study of the impacts associated with the development of Lot 1 and Lot 2 upon the intersection of Martha Street and Biesterfield Road. Said traffic study and site plan shall be presented to the Village Plan Commission and Village Board of Trustees for approval prior to any construction on Lot 1, which approval may be conditioned upon any traffic mitigation measures which may be reasonably necessary as a direct result of Lot 1 and Lot 2's development, including but not limited to the extension of Bristol Road, the construction of another connection with Biesner Road or the installation of a traffic signal at the intersection of Martha Street and Biesterfield Road. 4 011.471685.14 ARTICLE IV WATER AND SANITARY SEWER, STORM DETENTION a. Upon construction of improvements, the Village shall cooperate with Owner as required to obtain sanitary sewage treatment service for the Subject Premises and to allow Owner's connection to the sanitary sewer lines at the boundary of the Subject Property as approved by the Village Engineer. Owner shall pay to the requisite governmental entities all permit, inspection and tap -on fees for Lot 2 as hereinafter set forth and for Lot 1 in the manner required at the time of connection to such sanitary sewer system. The Village shall grant Owner access to all Village -owned rights-of-way to enable Owner's provision of sanitary sewer service to the Subject Premises. b. The Village represents and warrants that it owns, operates and maintains a potable water supply and distribution system within its borders, and water mains and lines within rights-of-way which can service the Subject Premises. The Owner shall have the right to connect to and use such system and mains and lines, which connection shall be at the boundary of the Subject Premises as approved by the Village Engineer. The Village shall grant Owner access to all Village owned rights-of-way to enable Owner's provision of potable water service to the Subject Premises. c. The Owner shall provide and maintain all necessary storm detention systems as are required for the construction and use of improvements to be located on the Subject Premises, all in accordance with good engineering practice. At such time as storm water management improvements are constructed in association with the construction of additional or expanded structures, pavement, sidewalks, curb and gutter, roadway or other improvements, sufficient storm water detention shall be provided to attenuate the post -development peak release rate to a maximum of 0.10 cubic foot per second per acre of development, including existing structures and pavements, for a 24-hour duration storm with a one percent probability of occurrence in any year. ARTICLE V PUBLIC IMPROVEMENTS OTHER THAN WATER AND SANITARY SEWER IMPROVEMENTS a. Upon construction of improvements on the Subject Premises, the Owner shall bring those portions of Martha and Lincoln Streets hereby annexed into the Village up to the standards required in connection with the annexation and subdivision of property. Specifically, the Owner shall reconstruct the annexed portions of these streets, re -pave them and install curbing, gutters, storm sewer, sidewalks, parkway trees, and lighting pursuant to plans and specifications approved by the Village Engineer; provided, however, the parties shall work to retain as many of the existing maple and other trees on Lot 1 as reasonably possible when installing sidewalks on the east side Martha Street and the north side of Lincoln Street. b. Owner, its successors and assigns hereby agrees to pay the costs and expenses associated with any traffic signal installed at the corner of Martha Road and Biesterfield Road, if 5 011.471685.14 any; provided however, that the Village agrees to enter into a recapture agreement, whereby such costs can be recovered from the owner(s) of property within the Itasca Meadows Farms Subdivision, if an when such area is annexed to the Village. In such case, the Owner's proportionate share shall be eleven percent (11%) based upon the area of the Subject Premises (approximately 7.9 acres) divided by the total area of the Itasca Meadows Farms Subdivision, including the Subject Premises (approximately 68 acres). c. The parties acknowledge that certain above ground utility lines exist within the annexed property, but have been unable to agree as to who bears the responsibility and cost of placing all such utility facilities underground. However, the Village shall not bear any cost associated with the engineering or construction to place such utilities underground. Owner has previously agreed to place all service lines on Lot 2 underground in accordance with the requirements of the Village's Building Code. However, the parties have been unable to reach an agreement with regard to the relocation of utilities on Lot 1 and within the public rights of way for Martha Street and Lincoln Street. The parties shall attempt to resolve this dispute in accordance with the terms and provisions of the Village Code, state law, applicable regulations (including the rules of the Illinois Commerce Commission) and any other relevant laws and in accordance with the Village's Franchise Agreements with the relevant utilities. In the event the parties are unable to reach an agreement on this issue within 90 days, the Owner may resubmit the Annexation Agreement to the Village for reconsideration. ARTICLE VI OWNERSHIP OF UTILITY LINES AND OTHER PUBLIC IMPROVEMENTS All sanitary sewer mains, water mains and lines (except sewer and water service lines connecting the buildings to these lines), roadways, gutters, curbs, sidewalks, lighting and other public improvements, including all appurtenances, located within public rights-of-way shall be transferred by Bill of Sale to and accepted for ownership, maintenance and operation by the Village. The sanitary sewer mains, watermains, roadways, gutters, curbs, sidewalks, lighting and other public improvements constructed by the Owner located within public rights-of-way shall be transferred for ownership and maintenance by the Village after completion of construction and approval by the Village, in accordance with the terms and provisions of the Village Ordinance. 6 011.471685.14 ARTICLE VII EXCAVATION, GRADING AND PREPARATION OF THE PROPERTY FOR DEVELOPMENT Owner shall have the right, prior to obtaining approval of final engineering drawings, to undertake excavation, preliminary grading work, filling and soil stockpiling on the Subject Premises, in preparation for the development of the Subject Premises, on submittal of a grading plan to the Village and receipt of a site development permit from the Village. Such work shall be undertaken at Owner's sole risk and without injury to the property of surrounding property owners. Owner shall provide a letter of credit and other security as required by Village (pursuant to Village codes and ordinances in effect at such time) as a condition precedent to the commencement of such work. ARTICLE VIII OVERSIZING For purposes of this Annexation Agreement, oversizing is understood to mean the construction or installation of facilities or improvements having a size or capacity that is greater than that which is required by the applicable Village code requirements. Nothing in this Agreement shall require Owner to cause the oversizing of any facilities or improvements greater than would be required under the Village's code for purposes of serving property other than the Subject Premises. If the Village requires the oversizing in excess of the code requirements for any such facilities or improvements for the benefit of property other than the Subject Premises, the Village agrees to enter into a recapture agreement with the Owner wherein that portion of the cost of said facilities or improvements not attributable solely to the Subject Premises would be recoverable by said Owner (plus interest calculated at such rate and over such periods of time as is deemed reasonable and equitable to all affected parties, such determination to be made by the Village) from such other properties benefited over a period not to exceed ten (10) years, and wherein the Village would agree to require payment of such proportionate share by each such property owner as a condition of annexation (if applicable) and, in any event, prior to making the first connection to such facilities or improvements. ARTICLE IX ANNEXATION AND PERMIT FEES a. At the time of annexation of the Subject Premises to the Village, Owner shall pay to the Village an annexation fee of Five Hundred and No/100 Dollars ($500.00) per acre of the Subject Premises, resulting in a total annexation fee of Four Thousand and No/100 Dollars ($4,000.00) for the annexation of the Subject Premises plus all other accompanying fees required by existing laws, ordinances, rules and regulations, such as filing fees, court reporter costs or other related fees and expenses called for under the Village's ordinances. Except as provided below, there shall be no other annexation fees (other than reimbursement to the Village for documentation and recording fees) imposed by the Village on the development of the Subject Premises, and no impact fees, donations of land or contributions of any kind shall be due and 7 of 1.471 685.1 4 payable by Owner in connection with the development of the Subject Premises, except, when applicable, for building permit fees, engineering review and inspection fees, and water and sewer tap -on charges, as provided for by the terms of Village codes, and the same shall be the same rates as shall be uniformly applied through the Village and generally for all other property and owners within the Village. Not later than the date on which construction of public improvements is required to be commenced by Owner pursuant to the terms of this Agreement, Owner shall provide an irrevocable letter of credit to secure the construction of such public improvements, in accordance with the codes and ordinances of the Village which are then in effect. b. The Village represents and warrants that no recapture fees are due and payable to any person or entity as a result of the annexation of the Subject Premises to the Village or as a result of connection to any utility improvements serving the Subject Premises, except for the pro rata share allocable to the Subject Premises (determined as described below) of the following recapture fees: $19,756.72 for a 12 -inch watermain on Devon Avenue, and $8,170.98 for a 16 - inch watermain across I-290. The pro rata share of such recapture allocable to the Subject Premises shall be determined by dividing the area of the Subject Premises (approximately 7.9 acres) by the area of the Itasca Meadows Subdivision (approximately 68 acres), and therefore shall be $2,291.78 and $947.83, respectively. The foregoing recapture fees shall be payable at such time as the water supply facilities for the Subject Premises are connected to the Village water system pursuant to the terms of this Agreement. c. According to Section 8-1213-1-1E of the Village's Subdivision Control Ordinance, the Village requires subdividers of residential property seeking to annex land into the Village to dedicate land or to make a cash contribution in lieu of such dedication. As a result, the Owner and the Village hereby agree that the Owner shall be required to make a cash contribution of Thirty Four Thousand Five Hundred Sixty U.S. Dollars ($34,560.00), payable to the Village upon the issuance of the final occupancy permit for the improvements on Lot 2. ARTICLE X EFFECT OF THIS AGREEMENT If any applicable existing resolution, ordinances or interpretations thereof of the Village be in any way inconsistent or in conflict with any provisions hereof, then the provisions of this Agreement shall constitute lawful and binding amendments to, and shall supersede the terms of said inconsistent ordinances, resolutions or interpretations thereof, as they may relate to the Subject Premises. If any Village code, ordinance or regulation is hereafter adopted, amended or interpreted so as to be less restrictive upon Owner, its successors or assigns with respect to the development of the Subject Premises than is the case under the existing law then, at Owner's option, such less restrictive amendment or interpretation shall control. 8 011.471685.14 ARTICLE XI ELECTRICAL ENERGY AND GAS ENERGY Electrical and gas energy and other utilities shall be installed at Owner's cost. The Village agrees to reasonably cooperate in the installation of such utilities by timely granting permits, reviewing construction plan and plats, and if requested, will permit such installations by easement or otherwise in the Village rights-of-way. ARTICLE XII ENFORCEABILITY This Agreement shall be enforceable in any court of competent jurisdiction by either of the parties hereto by any appropriate action at law or in equity. ARTICLE XIII SEVERABILITY If any provision of this Agreement is held invalid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. ARTICLE XIV BINDING EFFECT AND TERM This Agreement shall be binding upon and inure to the benefit of the parties hereto, and their respective successors and assigns, for a period of twenty (20) years from the date of execution hereof. ARTICLE XV MUTUAL ASSISTANCE The parties hereto shall do all things necessary or appropriate to carry out the terms and provisions of this Agreement and to aid and assist each other in carrying out the terms and objectives of this Agreement and the intentions of the parties as reflected by said terms, including, without limitation, the giving of such notices, the holding of such public hearings, the enactment by the Village of such resolutions and ordinances and the taking of such other actions as may be necessary to enable the parties' compliance with the terms and provisions of this Agreement and as may be necessary to give effect to the terms and objectives of this Agreement and the intentions of the parties as reflected by said terms. 011.471685.14 ARTICLE XVI MISCELLANEOUS This Agreement shall be binding upon and inure to the benefit of the parties, their successors, assigns or grantees and upon any successor municipal authorities of the Village and upon any successor municipalities. This Agreement is executed by and among the parties, and confers rights and obligations only upon the parties. No other person or entity may rely upon this Agreement or claim any right hereunder Attest: By: Title: Attest: By: Title: 011.471685.14 Ann I. Walsh Village Clerk VILLAGE OF ELK GROVE VILLAGE, a municipal corporation By: Craig B. Johnson Title: Mayor ALEXIAN BROTHERS MEDICAL CENTER, a Texas Non -Profit Corporation By: Title: I SCHEDULE OF EXHIBITS A Legal Description of Subject Premises B. Plat of Annexation dated December 7, 2001, by Christopher B. Burke Engineers, Ltd., project No. 01-411 C. Plat of Subdivision dated December 7, 2001, by Christopher B. Burke Engineers, Ltd., Project No. 01-411 011.471685.14 EXHIBIT A Subject Premises LOTS 5 THROUGH 12, INCLUSIVE, IN ITASCA MEADOW FARMS, A SUBDIVISION OF PART OF THE EAST'/2 OF FRACTIONAL SECTION 31, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS, ACCORDING TO THE PLAT THEREOF RECORDED JULY 9, 1948 AS DOCUMENT NO. 14355084. EXCEPT THAT PART OF THE FOREGOING LOTS DESCRIBED AS FOLLOWS: THAT PART OF LOT 5 AFORESAID BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 5; THENCE ON AN ASSUMED BEARING OF NORTH 89 DEGREES 02 MINUTES 01 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 5 A DISTANCE OF 152.97 FEET TO THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 01 DEGREES 21 MINUTES 09 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 5 A DISTANCE OF 62.34 FEET; THENCE SOUTH 88 DEGREES 39 MINUTES 10 SECONDS WEST 152.97 FEET TO THE WEST LINE OF SAID LOT 5; THENCE NORTH 01 DEGREES 21 MINUTES 02 SECONDS WEST ALONG SAID WEST LINE 63.36 FEET TO THE POINT OF BEGINNING (AS DEDICATED OR USED FOR PUBLIC HIGHWAY PURPOSES), AND EXCEPT: THAT PART OF LOT 6 AFORESAID BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 6; THENCE ON AN ASSUMED BEARING OF THE NORTH 89 DEGREES 02 MINUTES 01 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 6 A DISTANCE OF 119.97 FEET TO THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 01 DEGREES 21 MINUTES 16 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 6 A DISTANCE OF 61.54 FEET; THENCE SOUTH 88 DEGREES 39 MINUTES 10 SECONDS WEST 119.97 FEET TO THE WEST LINE OF SAID LOT 6; THENCE NORTH 01 DEGREES 21 MINUTES 09 SECONDS WEST ALONG SAID WEST LINE 62.34 FEET TO THE POINT OF BEGINNING (AS DEDICATED OR USED FOR PUBLIC HIGHWAY PURPOSES), AND EXCEPT: THAT PART OF LOT 7 AFORESAID BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 7; THENCE ON AN ASSUMED BEARING OF NORTH 89 DEGREES 02 MINUTES 01 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 7 A DISTANCE OF 119.97 FEET TO THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 01 DEGREES 21 MINUTES 23 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 7 A DISTANCE OF 60.75 FEET; THENCE SOUTH 88 DEGREES 39 MINUTES 10 SECONDS WEST 119.97 FEET TO THE WEST LINE OF SAID LOT 7; THENCE NORTH 01 DEGREES 21 MINUTES 16 SECONDS WEST ALONG SAID WEST LINE 61.54 FEET TO THE POINT OF BEGINNING (AS DEDICATED OR USED FOR PUBLIC HIGHWAY PURPOSES), 011.471685.14 AND EXCEPT: THAT PART OF LOT 8 AFORESAID BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 8; THENCE ON AN ASSUMED BEARING OF NORTH 89 DEGREES 02 MINUTES 01 SECONDS EAST ALONG THE NORTH LINE OF SAID LOT 8 A DISTANCE OF 109.99 FEET TO THE NORTHEAST CORNER OF SAID LOT; THENCE SOUTH 03 DEGREES 12 MINUTES 08 SECONDS EAST ALONG THE EAST LINE OF SAID LOT 8 A DISTANCE OF 60.05 FEET; THENCE SOUTH 88 DEGREES 39 MINUTES 10 SECONDS WEST 111.92 FEET TO THE WEST LINE OF SAID LOT 8; THENCE NORTH 01 DEGREES 21 MINUTES 23 SECONDS WEST ALONG SAID WEST LINE 60.75 FEET TO THE POINT OF BEGINNING, (AS DEDICATED OR USED FOR PUBLIC HIGHWAY PURPOSES). 2 011.471685.14