Loading...
HomeMy WebLinkAboutRESOLUTION - 44-00 - 11/14/2000 - ANNEXATION & DEV. AGREEMENTRESOLUTION NO. 44-00 A RESOLUTION AUTHORIZING THE MAYOR AND VILLAGE CLERK TO EXECUTE AN ANNEXATION AND DEVELOPMENT AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE AND GIOVANNI AND MARIA GULLO FAMILY LIMITED PARTNERSHIP (LANDMEIER/HIGGINS/TOUHY) WHEREAS, on November 14, 2000, a public hearing was held pursuant to Section 65 ILCS 5/11 - 15.1 et seq. of the Illinois Revised Statutes to consider the approval of an Annexation and Development Agreement between the Village of Elk Grove Village, and Giovanni and Maria Gullo Family Limited Partnership; 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 and Development Agreement between the Village and the Owners and Developer 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, Illinois as follows: Section 1: That the Mayor be and is hereby authorized to sign an Annexation and Development Agreement between the Village of Elk Grove Village and Giovanni and Maria Gullo Family Limited Partnership, a copy of which is attached hereto and made a part hereof and the Village Clerk is authorized to attest said agreement 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: 6 NAYS: 0 ABSENT: 0 PASSED this 14th day of November ,2000. APPROVED this 14th day of November ,2000. APPROVED: Craig B. Johnson Mayor ATTEST: Ann I. Wale Village Clerk Resgullo.doc ANNEXATION AND DEVELOPMENT AGREEMENT (LANDMEIER, HIGGINS, TOUHY) The ANNEXATION AND DEVELOPMENT AGREEMENT (the "Agreement") is made and entered as of the Effective Date (as hereinafter defined) by and between the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation of the Counties of Cook and DuPage in the State of Illinois (the "Village") and the GIOVANNI AND MARIA GULLO FAMILY LIMITED PARTNERSHIP, ("Gullo") referred to as the "Owners". The Village and the Owner are herein referred to individually as a "Parry" and collectively as the "Parties". WITNESSETH: WHEREAS, Gullo is the owner of record of a parcel of real estate consisting of approximately 6.1 acres, legally described on Exhibit A attached hereto (the "Unincorporated Property"), which is contiguous to the Village and not within the corporate limits of any municipality; and, WHEREAS, Gullo is also the owner of record of a parcel of real estate consisting of approximately 8.3 acres situated immediately west and adjacent to the Unincorporated Property, which 8.3 acre parcel is within the corporate limits of the Village, zoned as I-2 Industrial under the Village's Zoning ordinance and legally described on Exhibit B attached hereto (the "Gullo Property"); and, WHEREAS, the Owner seeks to provide for the development for Industrial uses on the Unincorporated Property as well as the Gullo Property, collectively, the "Gullo Development Property" and, WHEREAS, the Unincorporated Property is also described and shown on the Plat of Annexation filed in the Village Clerk's Office as Exhibit C to this agreement; and, WHEREAS, the Unincorporated Property was originally platted with residential lots, public streets, alleys, and easements which need to be vacated for the Industrial subdivision, therefore, a Plat of Vacation has been filed in the Village Clerk's Office as Exhibit D to this Agreement, and, WHEREAS, the Unincorporated Property constitutes property which may be annexed to the Village as provided in the Illinois Compiled Statutes, 1998, 65 ILCS 5/7- 1-8; and, WHEREAS, the annexation of the Unincorporated Property to the Village and the development of the Unincorporated Property within the corporate limits of the Village, together with the development of the Gullo Property in the Village, as provided for herein, would be beneficial to the Village in that such development would increase the tax base of the Village, would promote the sound planning and development of the Village, would extend the Village's jurisdiction over the Unincorporated Property thereby protecting the Village from possible undesirable or inharmonious uses and development, and would otherwise enhance and promote the general welfare of the Village; and, WHEREAS, the Parties desire, pursuant to applicable provisions of the Illinois Complied Statutes (including, without limitation, those set forth at 65 ILCS 5111-15.1.1 et. Seq. (1998)), the ordinances of the Village and the Village's home rule authority, to enter into an Agreement with respect to the annexation of the Unincorporated Property to the Village, as well as the re -zoning, subdivision and development with respect thereto and various other matters related thereto; and, WHEREAS, the Owner has furnished the North Cook County Soil and Water Conservation District, the Illinois Historic Preservation Agency and the Illinois Department of Natural Resources, with all necessary information relative to the anticipated development and they all have concluded that there are no significant archeological or historical elements on the aforesaid properties and there are no threatened or endangered species on the subject properties; and, WHEREAS, the Village has notified the Trustees of the Elk Grove Village Fire Protection District, the Elk Grove Township Commissioner of Highways and 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, WHEREAS, public hearings before the Village Plan Commission relating to the annexation and rezoning in accordance with the Village's Zoning Ordinance, as required herein with respect to the Gullo Development Property has been held pursuant to proper notice published on January 18, 2000 by the Village to surrounding property owners and posted by the Owner as required by the Village's Zoning Ordinance; and, WHEREAS, the Corporate Authorities of the Village have considered the annexation and re -zoning of the Unincorporated Property to the Village, and they have determined that the best interests of the Village will be served by the annexation and re- zoning of the Unincorporated Property to the Village, the re -subdivision, vacation, and development of the Gullo Property in accordance with the provisions of this Agreement and, by the affirmative vote of at least two-thirds of the Corporate Authorities holding office, the Corporate Authorities have approved this Agreement and the terms and conditions set forth therein, 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/ZONING 1.1 The Village and the Owner shall do all things necessary or appropriate to cause the Unincorporated Property to be validly annexed to the Village at the same meeting of the Corporate Authorities at which the approval and execution of this Agreement is authorized by the Corporate Authorities. The foregoing shall include the enactment of such resolutions and ordinances as may be necessary to cause the Village to comply with the terms of this Agreement, including the granting of any Zoning Ordinance amendments, modifications, variations or approvals, to permit Owner to develop the Gullo Development Property in accordance with the terms of this Agreement. ARTICLE II VACATION 2.1 The Village and the Owner shall do all things necessary or appropriate to cause the residential lots, public streets, public alleys, and easements identified on Exhibit D to be validly vacated at the same meeting of the Corporate Authorities at which the approval and execution of this Agreement is authorized by the Corporate Authorities. ARTICLE III RE -ZONING 3.1 Immediately following the adoption of the ordinance annexing the Unincorporated Property to the Village, the Corporate Authorities of the Village shall adopt an ordinance hereafter re -zoning the property and amending the Comprehensive Plan and official Map and Zoning Map of the Village, classifying and zoning the Gullo Development Property as I-2, Industrial. ARTICLE IV APPROVAL OF PLATS AND PLANS / DEVELOPMENT OF GULLO DEVELOPMENT PROPERTY 4.1 Preliminary Plat of Subdivision / Commercial Preliminary Plans. The Village hereby approves, and Owner hereby agrees to cause the development of the Gullo Development Property in substantial conformance with the Plat of Subdivision, legally described as Exhibit E on file with the Village Clerk (the "Plat"), the Engineering Plan described as Exhibit F, and Landscape Plan, described as Exhibit G, (collectively, the "Industrial Plans"). 4.2 Landscape Plan. The Owner of the Gullo Development Property has provided a Landscape Plan for approval by the Village. Said plan shall not be modified except upon review by the Village's Plan Commission and approval by the Village's Corporate Authorities. 4.3 Blanket Easement for Interior Water. Sewers, and Traffic. The Village acknowledges that Owner, in connection with its development of the Gullo Development Property, will be providing a blanket easement for all future Owners, which allows the common use and perpetual maintenance of the private internal water mains, sanitary sewers, pavement areas, and storm sewers for each individual lot. A property owners' association will be established by the developer to enforce the provisions of this paragraph which allows for the common use and perpetual maintenance of the private internal water mains, sanitary sewers, storm sewers, pavement area, and common landscaping. 4.4 Required Setback and Easement Line The County of Cook has requested the dedication of an additional ten feet (10') of right-of-way along the Landmeier Road frontages of Lots 2 and 3. The owner has agreed to dedicate the additional right-of-way and the Village acknowledges that the Plat of Subdivision reflects the requested dedication, and that such additional dedication effects the required twenty-five foot (25') building setback and public utility easement lines along Landmeier Road. The Village agrees to grant such variations necessary to reduce the building setback and public utility easement lines from twenty-five feet (25') to fifteen feet (15') along the Landmeier Road frontages of Lot 2 and Lot 3. ARTICLE V CONSTRUCTION OF PUBLIC IMPROVEMENTS 5.1 Off Site Public Improvements. The Owner shall not be required to construct any off-site public improvements in connection with or as a result of the development of the Gullo Development Property, provided, however that in connection with the development of the Gullo Development Property public sidewalks will be installed along the Landmeier Road, Touhy Avenue, and Higgins Road rights-of-way abutting the Industrial Development Property in addition to any other improvements normally required by Village codes and regulations. 5.2 Excavation and Grading of the Industrial Development Property. Owner shall have the right to undertake excavation, preliminary grading work, filling and soil stockpiling on the Gullo Development Property for the purpose of constructing the improvements described in the Preliminary Plan, provided Owner or its Developer has submitted a grading plan, soil erosion and sedimentation control plan, and any other documentation deemed necessary by the Department of Engineering and Community Development for issuance of a grading permit from the Village, which plans are reasonably satisfactory to the Department of Engineering and Community Development, and provided the owner has posted restoration security with the Village in accordance with the terms of this Agreement and section 8-1213-3 of the Village Subdivision Ordinance. Any work undertaken by Owner or its Developer pursuant to this provision shall be undertaken at Owner and /or Developer's sole risk. 5.3 Construction of Utility Improvements on the Commercial Development Pro e . Owner shall have the right to commence construction of utility improvements and appurtenant facilities on the various portions of the Gullo Development Property provided (i) the Department of Engineering and Community Development has approved a Final Engineering Plan for such portion of the Industrial Development Property and (ii) Owner has posted security for the construction of required public improvements for such portion of the Industrial Development Property as provided in section 6.5, and (iii) the Water Reclamation District of Greater Chicago has issued a permit for sanitary sewer discharge and storm water detention. ARTICLE VI BUILDING PERMITS 6.1 Buildin¢ Permit Issuance. The Village shall review building permits within 10 working days of application and either issue the permit or issue a letter of denial within said period informing Owner or its Developer specifically as to what corrections are necessary as a condition to the issuance of a building permit and quoting the section of any applicable code relied upon the Village in its request for correction. 6.2 Issuance Prior to Final Plat Recordine. Owner or its Developer may apply for, and the Village may issue, building permits for the construction of buildings on the Gullo Development Property once the Final Plat has been approved by the Village Board of Trustees and prior to the recording of the Final plat provided: (i) final engineering plans have been approved by the Department of Engineering and Community Development for the Gullo Development Property, (ii) emergency access in the form of a gravel road is provided to the portion of Gullo Development Property upon which buildings are being constructed; and (iii) a water supply for fire protection purposes is then available within 300 feet of said portion of the Gullo Development Property. ARTICLE VII FEES 7.1 Fees. Annexation fees of $500.00 per acre shall be paid in connection with the annexation of the Unincorporated Property, which shall be placed in the Municipal Purpose fund of the Village. The Village shall also receive compensation for costs associated with court reporters for public hearings, inspections, and water and sewer connection fees. ARTICLE VIII MISCELLANEOUS 8.1 Enforceability This Agreement shall be enforceable in any court of competent jurisdiction by the Village, owners or developer by appropriate action at law or in equity to secure the performance of the covenants, agreements, conditions and obligations of each Party to this Agreement. The Parties agree that an injunction preventing or requiring certain action by any of the Parties under the Agreement may be appropriate and do hereby consent and agree to the jurisdiction of a court of equity for such purposes. 10 8.2 Severability. If any of the Covenants, conditions or terms of this Agreement shall be found void or unenforceable for whatever reason by any court of law or equity, then every other covenant, condition or term hereof shall remain valid and binding and the Parties, to the fullest extent possible, shall modify such void or unenforceable covenant, condition, or term to the extent required to carry out the general intention of this Agreement and to impart validity to such covenant, condition or term. 8.3 Notice. Any notice required or permitted by the provisions of this Agreement shall be in writing and (i) sent by certified mail, return receipt requested, or (ii) sent by overnight guaranteed delivery service, or (iii) sent by telecopy facsimile, or (iv) personally delivered, to the Parties at the following addresses, or at such addresses as the parties, by notice, may designate: TO Village: Village of Elk Grove Village 901 Wellington Avenue Elk Grove Village, IL 60007 Fax: (847)357-4044 TO Owner: Giovanni and Maria Gullo Family Limited Partnership 1100 Landmeier Road Elk Grove Village, IL 60007 Attention: Giovanni Gullo Fax: (847)952-0236 Notices shall be deemed given (i) on the fifth (5h) business day following deposit in the US Mail, if given by certified mail as aforesaid; or (ii) on the second (2"d) business day 11 following delivery by overnight delivery service, or (iii) upon receipt, if sent by telecopy facsimile or personal delivery. 8.4 Term. This Agreement shall be valid and binding for a period of ten (10) years from the Effective Date of this Agreement. 8.5 Benefits. 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. 8.6 Amendment. This Agreement may be amended from time to time with the consent of the Parties pursuant to the statute in such cases made and provided. Notwithstanding the foregoing, the applicability of the provisions of the Zoning Ordinance, Subdivision Control Ordinance or other Village code or ordinance may be amended, changed or otherwise modified by the Village without the necessity of amending this Agreement, provided said amendment, change or modification is approved by the Village pursuant to the applicable procedural requirements provided for such amendment, change or modification as contained in the Zoning Ordinance, Subdivision Control Ordinance or other Village code or ordinance. 12 IN WITNESS WHEREOF, the Parties have caused this Agreement to be duly executed as of the dates set forth below their respective signatures, to be effective as of the date of execution. VILLAGE OF ELK GROVE, a Municipal Corporation of the Counties of Cook and DuPage, State of Illinois. BY: Craig B. Johnson Craig B. Johnson, Mayor Date of Execution: November 14, 2000 ATTEST: BY: Ann I. Walsh Ann I. Walsh, Village Clerk GIOVANNI and MARIA GULLO FAMILY LIMITED PARTNERSHIP BY: Giovanni Gullo Giovanni Gullo, General Partner Date of Execution: November 14.2000 13 EXHIBITS ATTACHED "A" UNINCORPORATED PROPERTY LEGAL DESCRIPTION "B" GULLO PROPERTY LEGAL DESCRIPTION ON FILE WITH THE VILLAGE OF ELK GROVE VILLAGE "C" PLAT OF ANNEXATION dated July 1, 1999, prepared by Gremley and Biedermann, Inc. "D" PLAT OF VACATION dated December 6,1999, prepared by Gremley and Biedermann, Inc. "E" SUBDIVISION PLAT dated April 18, 2000, prepared by Gremley and Biedermann, Inc. "F" PRELIMINARY ENGINEERING PLANS dated March, 2000, prepared by Jacob Heffner and Associates, Inc. "G" LANDSCAPE PLAN dated February 7, 2000, prepared by Mauro Crestani and Associates. EXHIBIT A Lots 39 to 84, inclusive, (except the Northwesterly 7 feet of Lot 84 conveyed to State of Illinois by deed recorded May 21, 1964 as document #19133687 and except that part of Lots 39, 40 and 41 described as follows: beginning at the Northeast corner of said Lot 39, being also the point of intersection of the Southwesterly line of Higgins Road with the Southeasterly line of Landmeier Road, as the same are now located and established; Thence Southeasterly along the Easterly line of said Lots 39, 40 and 41, being also the Southwesterly line of Higgins Road, a distance of 113.18 feet to a point of curvature; Thence Northwesterly along a curved line concave to the Southwest, having a radius of 150.0 feet and tangent to the last described course, a distance of 182.21 feet to a point in the Westerly line of said Lot 39, a distance of 7.02 feet Southeasterly from the Northwesterly corner of said Lot 39, as measured along the Westerly line thereof; Thence Northwesterly along said Westerly line of said Lot 39 a distance of 7.02 feet to a Northwesterly corner of Lot 39; Thence northeasterly along the Northerly line of said Lot 39, a distance of 100.96 feet to the point of beginning) in Steele's Higgins and Touhy Highlands, being a subdivision in the East half of the Southeast Quarter of Section 26, Township 41 North, Range 11 East of the Third Principal Meridian, in Cook County, Illinois. Also Vacated Lund Avenue; and vacated Lela Street and the vacated alleys lying Westerly of Higgins Road, Northerly of Touhy Avenue and Southerly of Landmeier Road in Steele's Higgins and Touhy Highlands Subdivision in the East half of the southeast Quarter of Section 26, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. Also All of Higgins Road and Landmeier Road lying adjacent to the aforedescribed property. eh/GulloAnnex3.doc EXHIBIT "B" GULLO PROPERTY LEGAL .DESCRIPTION THAT PART OF LOT 6 IN THE SUBDIVISION OF THE ESTATE OF HENRY LANDMEIER (HEREINAFTER DESCRIBED) LYING NORTH OF THE NORTH LINE OF TOUHY AVENUE AS DEDICATED IN CENTEX INDUSTRIAL PARK UNIT 6, A SUBDIVISION IN SECTIONS 26 AND 35, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, (ACCORDING TO THE PLAT REGISTERED AS DOCUMENT NUMBER 2011608), AND LYING EAST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTH LINE OF SAID TOUHY AVENUE, 651.33 FEET EAST OF THE INTERSECTION bF SAID NORTH LINE OF TOUHY AVENUE WITH THE EAST LINE OF NICHOLAS BOULEVARD -AS DEDICATED IN CENTEX INDUSTRIAL PARK UNIT 9, A SUBDIVISION IN SECTION 26, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, (ACCORDING TO PLAT REGISTERED AS DOCUMENT NUMBER 2057254); SAID LINE RUNNING THENCE NORTH AT RIGHT ANGLES TO THE SAID NORTH LINE OF TOUHY AVENUE, 566.57 FEET, MORE OR LESS, TO THE CENTER OF LANDMEIER ROAD, SAID CENTER LINE BEING THE NORTHERLY LINE OF SAID LOT 6 (EXCEPTING FROM SAID TRACT THAT PART OF LOT 6 INCLUDED IN THE FOLLOWING DESCRIBED PARCEL OF LAND: THAT PORTION OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF HIGGINS ROAD WITH THE, EAST LINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SAID SECTION 26; RUNNING THENCE SOUTH ALONG THE EAST LINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SAID SECTION 26, TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHWESTERLY IN A STRAIGHT LINE TO A POINT IN THE CENTER LINE OF HIGGINS ROAD, 20 FEET NORTHWESTERLY OF THE PLACE OF BEGINNING; THENCE SOUTHEASTERLY 20 FEET TO THE PLACE OF BEGINNING AND EXCEPTING THEREFROM THAT PART OF THE FOLLOWING DESCRIBED TRACT LYING SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF ORIGINAL LANDMEIER ROAD; BEGINNING AT A POINT ON THE CENTER LINE OF LANDMEIER ROAD, AS THE SAME IS NOW LOCATED AND ESTABLISHED, (MAY 5, 1964), DISTANT 9.22 FEET SOUTHWESTERLY OF THE EAST BINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SAID SECTION 26, THENCE SOUTHEASTERLY ALING A LINE WHICH IF EXTENDED WOULD INTERSECT THE SOUTHEAST CORNER OF SAID WEST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 26, TO A POINT DISTANT 40.0 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES FROM SAID CENTER LINE OF LANDMEIER ROAD; THENCE SOUTHWESTERLY PARALLEL WITH SAID CENTER LINE OF LANDMEIER ROAD, A DISTANCE OF 410.0 FEET TO A POINT; THENCE NORTHERLY PARALLEL WITH EAST LINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 26, TO A POINT IN SAID CENTER LINE OF LANDMEIER ROAD; THENCE NORTHEASTERLY ALONG SAID CENTER LINE OF LANDMEIER ROAD, A DISTANCE OF 409.44 FEET TO THE POINT OF BEGINNING) SUBDIVISION OF THE ESTATE OF HENRY LANDMEIER BEING PART OF SECTION 26 AND 35, TOWNSHIP 41 NORTH RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO PLAT ACKNOWLEDGED ON THE 4TH DAY OF DECEMBER 1916, BY RICHARD LANDMEIER, ALBERT LANDMEIER, OTTO LANDMEIER AND GUSTAV LANDMEIER AND FILED ON THE SECOND DAY OF MARCH, 1917, IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS, AS DOCUMENT NUMBER 70396 AND ALSO EXCEPT THAT PART DESCRIBED AS FOLLOWS: THE SOUTHERLY 10 FEET OF NORTHERLY 40 FEET OF THAT PART OF LOT 6 (AS MEASURED AT RIGHT ANGLES TO THE NORTHERLY LINE OF SAID LOT) IN THE SUBDIVISION OF THE ESTATE OF HENRY LANDMEIER, BEING PART OF SECTIONS 26 AND 35, TOWNSHIP 4 NORTH, RANGE 11 EAST -OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING -TO PLAT, FILED ON THE 2ND DAY OF MARCH 1917, IN THE OFFICE OF THE REGISTRAR OF TITLES OF COOK COUNTY, ILLINOIS AS DOCUMENT NUMBER 70396, LYING NORTH OF THE NORTH LINE OF TOUHY AVENUE AS DEDICATED IN CENTEX INDUSTRIAL PARK UNIT 6, A SUBDIVISION IN SECTIONS 26 AND 35, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, (ACCORDING TO PLAT REGISTERED AS DOCUMENT NUMBER 2011608), AND LYING EAST OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT IN THE NORTH LINE OF SAID TOUHY AVENUE 651.33 FEET EAST OF THE INTERSECTION OF SAID NORTH AVENUE WITH THE EAST LINE OF NICHOLAS BOULEVARD AS DEDICATED IN CENTEX INDUSTRIAZ PARK UNIT 9, A SUBDIVISION IN SECTION 26, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN (ACCORDING TO PLAT REGISTERED AS DOCUMENT NUMBER 2057254); SAID LINE RUNNING THENCE NORTH AT RIGHT ANGLES TO THE SAID NORTH LINE OF TOUHY AVENUE 566.57 FEET, MORE OR LESS, TO THE CENTER LINE OF LANDMEIER ROAD, SAID CENTER LINE BEING THE NORTHERLY LINE OF, SAID LOT 6 (EXCEPTING FROM SAID TRACT THAT PART OF LOT 6 INCLUDED IN THE FOLLOWING DESCRIBED PARCEL OF LAND; THAT PORTION OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 26, TOWNSHIP 41 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, COMMENCING AT THE INTERSECTION OF THE CENTER LINE OF HIGGINS ROAD WITH THE EAST LINE OF THE WEST 1/2 F THE SOUTH EAST 1/4 OF SAID SECTION 26; RUNNING THENCE SOUTH ALONG EAST LINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SAID SECTION 26, TO THE SOUTHEAST CORNER THEREOF; THENCE NORTHWESTERLY IN A STRAIGHT LINE TO A POINT IN THE CENTER LINE OF HIGGINS ROAD, 20 FEET NORTHWESTERLY OF THE PLACE OF BEGINNING; THENCE SOUTHWESTERLY 20 FEET TO THE PLACE OF BEGINNING AND EXCEPTING THEREFROM THAT PART OF THE FOLLOWING DESCRIBED TRACT LYING SOUTHEASTERLY OF THE SOUTHEASTERLY LINE OF ORIGINAL LANDMEIER ROAD; BEGINNING AT A POINT ON THE CENTER LINE OF LANDMEIER ROAD, AS THE SAME IS NOW LOCATED AND ESTABLISHED, (MAY 5, 1964), DISTANT 9.22 FEET SOUTHWESTERLY OF THE EAST LINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 26; THENCE SOUTHEASTERLY ALONG A LINE, WHICH IF EXTENDED WOULD INTERSECT THE SOUTHEAST CORNER OF SID WEST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 26, TO A POINT DISTANT 40.0 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLES FROM SAID CENTER LINE OF,7,ANDMEIER ROAD; THENCE SOUTHWESTERLY PARALLEL WITH SAID CENTER LINE OF LANDMEIER ROAD, A DISTANCE OF 410.0 FEET TO A POINT; THENCE NORTHERLY PARALLEL WITH EAST LINE OF THE WEST 1/2 OF THE SOUTH EAST 1/4 OF SECTION 26, TO A POINT IN SAID CENTER LINE OF LANDMEIER ROAD, A DISTANCE OF 409.44 FEET TO THE POINT OF BEGINNING), IN COOK COUNTY, ILLINOIS.