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HomeMy WebLinkAboutRESOLUTION - 22-90 - 2/27/1990 - ANNEX AGRMT/AMOCO/CASTLERESOLUTION NO. 22-90 A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT AND VILLAGE CLERK TO EXECUTE AN ANNEXATION AGREEMENT BETWEEN THE VILLAGE OF ELK GROVE VILLAGE,AND THE AMOCO OIL COMPANY AND JERRY CASTLE BE IT RESOLVED by the President 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 Village President be and is hereby authorized to sign an Annexation Agreement between the Village of Elk Grove Village and Amoco Oil Company and Jerry Castle, a copy of which is attached hereto and made a part hereof and the Village Clerk is authorized to attest said documents upon the signature of the Village President. Section 2: That this Resolution shall be in full force and effect from and after its passage of approval according to law. PASSED this 27th day of February , 1990. APPROVED this 27th day of February 1990. Charles J. Zettek VILLAGE PRESIDENT ATTEST: Patricia S. Smith VILLAGE CLERK PUBLISHED in pamphlet form this 9th day of March , 1990. TABLE OF CONTENTS PAGE 1. STATUTE ............................................... 3 2. ANNEXATION ............................................ 3 3. ZONING ................................................ 3 4. PLATS ................................................. 3 5. WATER SERVICE ......................................... 4 6. SANITARY SEWER SERVICE ................................ 4 7. STORM WATER DRAINAGE .................................. 4 B. LANDSCAPING; SCREENING ................................ 5 9. DRIVEWAYS ............................................. 5 A. Shared Driveway on Devon ......................... 5 B. Southerly Access Driveway ........................ 6 C. Turn Restrictions on Southerly Access Driveway ... 6 D. Limited Turning on Most Westerly Driveway of Parcel2 .......................................... 7 10. SITE PLAN FOR PARCEL 2 ................................ 7 11. VARIANCES ............................................. 7 12. RECAPTURE ............................................. 8 A. Recapture for Sanitary Sewer and Water Mains in Wood Dale Road .................................... 8 B. Trammel Crow Recapture ........................... 9 13. ANNEXATION FEES ....................................... 9 14. ENFORCEMENT ........................................... 9 15. SEVERABILITY .......................................... 9 16, BINDING EFFECT ........................................ 9 02/23/90 THIS AGREEMENT made and entered into this 27th day of February, 1990, between the VILLAGE OF ELK GROVE VILLAGE, a municipal corporation, of the Counties of Cook and DuPage, in the State of Illinois (hereinafter referred to as the "VILLAGE"), JERRY CASTLE (hereinafter referred to as "CASTLE") and AMOCO OIL COMPANY, a Maryland corporation (hereinafter referred to as "AMOCO") (CASTLE and AMOCO are hereinafter collectively referred to as "OWNERS"). iNITINES;iET� WHEREAS, AMOCO is the Owner to approximately .459 (net of existing right of way) acres legally described as Exhibit "A" (the "Amoco Site") and operates a service station thereon; and WHEREAS, CASTLE is the Owner of approximately 3.51 acres (net of exist - Ing right of way) legally described on Exhibit "B" (the "Castle Site") which is vacant and which is located to the east of and contiguous to the Amoco Site; and WHEREAS, AMOCO is the contract purchaser of that portion of the Castle Site located immediately to the south of the Amoco Site (except the souther- ly 24 feet thereof); and WHEREAS, it is the desire of the parties to divide the Amoco Site and the Castle Site (collectively described as the "Total Tract") into three (3) separate parcels, designated herein as Parcel 1, Parcel 2 and Parcel 3, re- spectively, and legally described on Exhibit "C" attached hereto; and WHEREAS, the Total Tract is contiguous to the corporate limits of the VILLAGE; and WHEREAS, the Total Tract is the subject of this Annexation Agreement and, with the adjacent roads and highways, is shown on the Annexation Plat heretofore submitted to the VILLAGE, and incorporated herein by reference; and WHEREAS, the OWNERS have heretofore caused to be filed Petitions to Annex the Total Tract to the VILLAGE and have heretofore caused to be filed Petitions for Zoning of the Total Tract; and WHEREAS, the Corporate Authorities have determined that the annexation of the Total Tract to the VILLAGE on the terms and conditions hereinafter set forth serves the best interests of the VILLAGE and enables the VILLAGE to reasonably control the development of the Total Tract pursuant to its ordinances, codes and regulations; and WHEREAS, the statutory procedures provided in Section 11-15.1-1 gt in., of the Illinois Municipal Code (Chapter 24, Illinois Revised Statutes 1983) with regard to the making of annexation agreements have been fully complied with by the parties to this Agreement; and WHEREAS, the Pian Commission of the VILLAGE has duly fixed a time for and held a public hearing for the zoning of the Total Tract all upon such notices and related procedures as are required by ordinances of the VILLAGE and by the laws of the State of Illinois, and has filed with the VILLAGE Board of Trustees its report (i) recommending the zoning classifications to be given to each of the Parcels, upon annexation (ii) recommending variations from certain provisions of the Ordinances of the VILLAGE as they relate to the Total Tract; and (iii) recommending the approval of General Development Plans for Parcels 1 and 3; and - 2 - i l WHEREAS, the VILLAGE Board of said VILLAGE has duly fixed a time for and held a public hearing upon this Annexation Agreement, all upon such notices and related procedures as required by the Ordinance of the VILLAGE and the laws of the State of Illinois. NOW, THEREFORE, for and in consideration of the mutual promises and agreements herein contained, the parties hereto agree as follows: 1. STATUTE• This Agreement is made pursuant to and in accordance with the provisions of Section 11-15.1-1 gt M., of the Illinois Municipal Code (Chapter 24 Illinois Revised Statutes 1983). 2. ANNEXATION. Upon execution of this agreement, the VILLAGE shall adopt an ordinance annexing the Total Tract to the VILLAGE, in accordance with the provisions of this Agreement. 3. ZO.NIN . Upon execution of this agreement, the VILLAGE shall adopt an ordinance amending the Zoning Ordinance and the Zoning Map of the VILLAGE to provide that upon annexation, Parcel 1 be zoned B-3 Automotive Oriented Business District, and in accordance with Conditional Uses set forth in such district, shall be permitted to operate a service station and automobile laundry to be developed in accordance with the Site Plan attached hereto as Exhibit "D", that Parcel 2 be zoned B-2 to be developed in accord- ance with a Site Pian to be hereafter submitted and approved as provided herein, and that Parcel 3 be zoned I-1 to be developed in accordance with that portion of the Site Plan attached hereto as Exhibit "E" as relates to Parcel 3, all in accordance with the provisions of the Zoning Ordinance of the VILLAGE. 4. PLATS. VILLAGE agrees to approve a Plat of Subdivision for the Total Tract, provided the same substantially conforms to the Site Plan attached as Exhibits "D" and "E". - 3 - 5. WATER SERVICE. The Total Tract shall be served by available municipal water facilities from the existing VILLAGE mains located in the Devon Avenue right of way. OWNERS, at their costs, shall install necessary offsite and onsite water mains and improvements to service the Total Tract and shall do the restorative work, and shall be entitled to a recapture as hereinafter provided. 6. SANITARY SEWER SERVICE. The Total Tract shall be served by available municipal sanitary sewer facilities from the existing mains owned by the City of Wood Dale located in the Wood Dale Road right of way. OWNERS, at their costs, shall install necessary offsite and onsite sanitary sewer mains and improvements to service the Total Tract and shall do the restorative work and shall be entitled to a recapture as hereinafter pro— vided. Prior to the issuance of any building or engineering permits, the OWNERS shall provide the VILLAGE with proof that the OWNERS have paid the City of Wood Dale the sanitary sewer recapture fees assessed on OWNER'S property and have permission to connect to the Wood Dale sanitary sewer collection system. Onsite water and sewer lines shall be owned and maintained by OWNERS. Offsite water and sewer lines within rights—of—way will be owned and maintained by the VILLAGE. OWNER will be responsible for all water charges of the VILLAGE and all sanitary sewer charges of the VILLAGE and the City of Wood Dale. 7. STORM WATER DRAINAGE. OWNERS shall provide for storm water drain— age and detention facilities of the Tract in accordance with plans approved by the VILLAGE. — 4 — t 1 8. LANDSCAPING_ SCREENING. a. Prior to the time an occupancy permit is issued for the auto- mobile laundry to be constructed by AMOCO on Parcel 1, AMOCO shall install the landscaping for Parcel i as depicted on the Landscaping Plan for Parcel 1, a copy of which is attached hereto as Exhibit "F"; provided, however, that if at the time an occupancy permit is sought, weather conditions or seasons prohibit installation of any component of the landscaping, VILLAGE shall nonetheless issue such occupancy permit if AMOCO provides security in such form and amount as may be required by the VILLAGE to guaranty the installation of such landscap- ing when weather or seasonal conditions are met. b. Except for the landscaping to be provided by AMOCO at the southerly boundary of Parcel 1, the OWNERS shall not be required to install screening along the southerly boundary of the Tract, and variations from VILLAGE Ordinances otherwise requiring such screening shall be granted, or hereinafter pro- vided. It is acknowledged that the owner of the property to the south of the Tract has submitted a letter to the Staff of the VILLAGE requesting that such screening not be installed. i U1 UrN A. Shared Driveway on Devon. A shared driveway shall be in- stalled between Parcels 2 and 3 to accommodate traffic from Devon Avenue, as provided in the Plan for Parcel 3. As a part of the approval process for the Final Plat of Subdivision for the Total Tract, CASTLE shall include language on the Final - 5 - Plat or in a separate easement agreement to be recorded with the Final Plat providing for cross easements and joint mainte- nance of the driveway by the OWNERS of Parcels 2 and 3, in form and content satisfactory to the VILLAGE. B. Soy h rly Access Driveway. The Final Plat of Subdivision for the Total Tract shall include the private 24 foot wide access driveway located to the south of Parcels 1 and 2 as a part of the platted lot for Parcel 2. In addition, as a part of the approval process for the Final Plat of Subdivision for the Total Tract, CASTLE shall include language on the Final Plat or in a separate easement agreement to be recorded with the Final Plat providing for cross easements and joint mainte- nance of the access driveway by the OWNERS of Parcels 2 and 3, in form and content satisfactory to the VILLAGE. Such driveway shall be installed in conformity with VILLAGE requirements for private driveways concurrently with the de- velopment of Parcel 3 and shall be completed to the extent necessary to carry the traffic expected to utilize such driveway no later than the issuance of the occupancy permit for the building to be constructed on Parcel 3. C. Turn Restrictions on Southerb Access Driveway. As a part of the installation of the Southerly Access Driveway, CASTLE shall install at its intersection with Wood Dale Road a "pork chop" apparatus prohibiting southbound turns from the driveway onto Wood Dale Road from the driveway and eastbound turns from southbound traffic on Wood Dale Road onto the driveway and k shall install signs within such intersection, stating that such turns are prohibited. D. Limited Turning on Most Nesterly Driveway of Parcel 2. Only eastbound turns may be made from the most westerly driveway on Parcel 2 onto Devon Avenue and only southbound turns onto the most westerly driveway of Parcel 2 may be made by eastbound traffic on Devon Avenue and signs providing the same and a "pork chop" apparatus prohibiting such turns shall be in- stalled on the most westerly driveway of Parcel 2. 10, SITE PLAN FOR PARCEL 2. Prior to application for a building permit for any building to be constructed upon Parcel 2, the OWNER of Parcel 2 shall be required to prepare and submit to the VILLAGE for review and recommendation by the Plan Commission and approval by the VILLAGE Board a site plan depicting the location and size of the buildings to be constructed on such parcel, as welt as the location and size and number of parking stalls, access aisles, loading docks, and any other detail that the Plan Commission or VILLAGE Board may request. CASTLE acknowledges that without the commitment set forth in this Section 10, the VILLAGE would not have zoned Parcel 2 as B-2. 11. VARIANCES. The following variances from the Ordinances of the VILLAGE shall be granted in the Ordinances rezoning the Total Tract, and the Total Tract may be developed in accordance with such variances: a. A variation shall be granted from the provisions of Article 3, Section 3.94D. of the Zoning Ordinance, and, Chapter 11A, Section 11A.102 1. of the Municipal Code to eliminate all required screening along the southerly property line of the - 7 - parcels directly adjacent to residentially zoned property in unincorporated DuPage County; b. A variation shall be granted from the provisions of Chapter 11A, Section 11A.102 2.a of the Municipal Code allowing the minimum boundary landscaping width to vary from five (5) to fifteen (15) feet along the proposed car wash por- tion of the existing AMOCO parcel subject to submission and Staff approval of an adequate landscape plan for the boundary area so identified; C. A variation shall be granted from the provisions of Article 3, Section 3.94 I. of the Zoning Ordinance by allowing off-street parking spaces to be reduced from nineteen (19) foot length, to a seventeen (17) foot length with a two (2) foot landscaped overhang, for required parking stalls on all parcels; and d. A variation shall be granted from the provisions of Article 3, Section 3.43 of the Zoning Ordinance by allowing two principal buildings on one lot for the existing AMOCO and proposed car wash parcel located at the intersection of Devon Avenue and Wood Dale Road. 12. RECAPTURE. A. Recapture for Sanity Sewer and Water Mains in Wood Dale Road. The VILLAGE shall enact a Recapture Ordinance provid- ing for the recapture by the OWNERS of that portion of the costs of the engineering and installation of (1) the sanitary sewer to be installed within Wood Dale Road and (ii) the water mains to be installed within Devon Avenue, as may benefit properties other than the Total Tract. The properties so benefiting and the amount of recapture attributable to each shall be determined by the OWNER, but shall be subject to the approval of the VILLAGE. B. Trammel Crow Recap ure. OWNERS acknowledge that there is in effect a recapture of $32.91 per lineal foot of sewer line adjacent to the Total Tract, to be collected by the VILLAGE and paid to Trammel Crow Company for the installation of water lines benefiting the Total Tract, and agree to pay the same, when due. 13. ANNEXATION FEES. Annexation fees of $500.00 per acre shall be paid in connection with the annexation of the Total Tract to the VILLAGE, upon annexation, which shall be placed in the Municipal Purpose fund of the VILLAGE. 14. ENFORCEMENT. This Agreement shall be enforceable in any court of competent jurisdiction by any of the parties or by an appropriate action at law or in equity to secure the performance of the covenants herein contained. 15. SEVERABILITY. If any provision of this Agreement is held in- valid, such provision shall be deemed to be excised herefrom and the invalidity thereof shall not affect any of the other provisions contained herein. 16. BINDING EFFECT. This Annexation Agreement shall be binding upon and inure to the benefit of the parties hereto, all successor OWNERS of record of all or any part of the Total Parcel, all lessees thereof and any successor municipal authorities of said VILLAGE and successor municipalities for a period of ten (10) years from the date of execution hereof. IN WITNESS WHEREOF, the parties have set their hands and seals the date and year first above written, the same being done after public hearing, notice and statutory requirements having been fulfilled. OWNERS: A'16 JE CASTLE AMOCO OIL COMPANY By. 1. J. Duenict Its : Real Estate Manager (West) ATTEST: V B: L. ROCK Its: AssistantSecretagr_ ATTEST: Patricia S. Smith Its: Village Clerk 6631b VILLAGE: THE VILLAGE OF ELK GROVE VILLAGE By — 10 — Charles J. Zettek Its: President C LIST OF EXHIBITS Exhibit "A" Legal Description of AMOCO Parcel Exhibit "B" Legal Description of CASTLE Parcel Exhibit "C" Legal Description of Parcels 1, 2 and 3 Exhibit "D" Site Plan for Parcel 1 Exhibit "E" Site Plan for Parcel 3 Exhibit "F" Site Landscaping Plan for Parcel 1 6631b EXHIBIT "A" LEGAL DESCRIPTION OF AMOCO PARCEL THAT PART OF LOT 5 IN EMMA KRUEGER'S SUBDIVISION OF A PART OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 3 AND A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 40 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 16, 1948, AS DOCUMENT 554217, IN DU PAGE COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT AT THE NORTHWEST CORNER OF SAID LOT 5, THENCE SOUTH A DISTANCE OF 195.0 FEET ALONG THE WEST LINE OF SAID LOT 5; THENCE EAST A DISTANCE OF 188.0 FEET ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID LOT 5; THENCE NORTH A DISTANCE OF 195.0 FEET ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID LOT 5: THENCE WEST A DISTANCE OF 188.0 FEET ALONG THE NORTH LINE OF SAID LOT 5 TO THE PLACE OF BEGINNING EXCEPTING THEREFROM, THE NORTH 50.0 FEET OF SAID LOT 5 LYING WITHIN THE RIGHT OF WAY OF DEVON AVENUE, AND ALSO EXCEPTING THEREFROM THE WEST 50.0 FEET OF SAID LOT 5, LYING WITHIN THE RIGHT OF WAY OF WOODDALE ROAD. 6631b EXHIBIT "B" LEGAL DESCRIPTION OF CASTLE PARCEL LOT 5 IN EMMA KRUEGER'S SUBDIVISION OF A PART OF THE NORTH 112 OF THE NORTH WEST 1/4 OF SECTION 3 AND A PART OF THE NORTH EAST 1/4 OF THE NORTH EAST 1/4 OF SECTION 4, TOWNSHIP 40 NORTH, RANGE II, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 16, 1948 AS DOCUMENT 554217 IN DU PAGE COUNTY, ILLINOIS, EXCEPT THEREFROM THE FOLLOWING DESCRIBED PARCEL: COMMENCING AT A POINT AT THE NORTH WEST CORNER OF SAID LOT 5; THENCE SOUTH A DISTANCE OF 195.0 FEET, ALONG THE WEST LINE OF SAID LOT 5; THENCE EAST A DISTANCE OF 188.0 FEET, ALONG A LINE PARALLEL WITH THE NORTH LINE OF SAID LOT 5; THENCE NORTH A DISTANCE OF 195.0 FEET, ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID LOT 5; THENCE WEST A DISTANCE OF 188.0 FEET, ALONG THE NORTH LINE OF SAID LOT 5, TO THE POINT OF BEGINNING, AND ALSO EXCEPTING THEREFROM THE NORTH 50 FEET OF SAID LOT 5 LYING WITHIN THE RIGHT OF WAY OF DEVON AVENUE AND ALSO EXCEPTING THEREFROM THE WEST 50.0 FEET OF SAID LOT 5, LYING WITHIN THE RIGHT OF WAY OF TONNE ROAD. 6631b EXHIBIT "C" LEGAL DESCRIPTION OF PARCEL 1 THAT PART OF LOT 5 IN EMMA KRUEGER'S SUBDIVISION OF A PART OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 3 AND A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 40 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 15, 1948 AS DOCUMENT NO, 554217 IN DU PAGE COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 5 AND RUNNING THENCE EAST ALONG THE NORTH LINE OF SAID LOT 5 A DISTANCE OF 188 FEET TO POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE RUNNING FROM SAID POINT OF BEGINNING SOUTHERLY ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID LOT 5 A DISTANCE OF 295.00 FEET TO A POINT; THENCE WEST ON A LINE PARALLEL WITH THE NORTH BOUNDARY OF SAID LOT 5 A DISTANCE OF 188.0 FEET TO THE WEST LINE OF SAID LOT 5; THENCE NORTH ALONG WEST LINE OF SAID LOT 5 TO THE NORTHWEST CORNER OF SAID LOT 5, THENCE EAST ALONG THE NORTH LINE OF SAID LOT 5 A DISTANCE OF 188 FEET TO THE POINT OF BEGINNING, LESS AND EXCEPT FROM SAID TRACT THE NORTH 50 FEET THEREOF LYING WITHIN THE RIGHT OF WAY OF DEVON AVENUE AND THE WEST 50 FEET THEREOF LYING WITH THE RIGHT OF WAY OF WOODDALE ROAD. ". 1ti EXHIBIT "C" LEGAL DESCRIPTION OF PARCEL 2 THAT PART OF LOT 5 IN EMMA KRUEGER'S SUBDIVISION OF A PART OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 3 AND A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 40 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 16, 1948 AS DOCUMENT NO. 554217 IN DU PAGE COUNTY, ILLINOIS DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 5 AND RUNNING THENCE EAST ALONG THE NORTH LINE OF SAID LOT 5 A DISTANCE OF 188 FEET TO POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE RUNNING FROM SAID POINT OF BEGINNING SOUTHERLY ALONG A LINE PARALLEL WITH THE WEST LINE OF SAID LOT 5 A DISTANCE OF 295.00 FEET TO A POINT; THENCE WEST ON A LINE PARALLEL WITH THE NORTH BOUNDARY OF SAID LOT 5 A DISTANCE OF 188.0 FEET TO THE WEST LINE OF SAID LOT 5; THENCE SOUTH ALONG WEST LINE OF SAID LOT 5 A DISTANCE OF 27 FEET TO THE SOUTHWEST CORNER OF SAID LOT 5, THENCE EAST ALONG THE SOUTH LINE OF SAID LOT 5 A DISTANCE OF 422 FEET TO A POINT, THENCE NORTH ON A LINE PARALLEL WITH THE WEST LINE OF SAID LOT 5 TO A POINT IN THE NORTH LINE OF SAID LOT 5; THENCE WESTERLY ALONG THE NORTH LINE OF SAID LOT 5 A DISTANCE OF 220 FEET MORE OR LESS TO THE POINT OF BEGINNING, LESS AND EXCEPT FROM SAID TRACT THE NORTH 50 FEET THEREOF LYING WITHIN THE RIGHT OF WAY OF DEVON AVENUE AND THE WEST 50 FEET THEREOF LYING WITH THE RIGHT OF WAY OF WOODDALE ROAD. 6631b EXHIBIT "C" LEGAL DESCRIPTION OF PARCEL 3 THAT PART OF LOT 5 IN EMMA KRUEGER'S SUBDIVISION OF A PART OF THE NORTH HALF OF THE NORTHWEST QUARTER OF SECTION 3 AND A PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 4, TOWNSHIP 40 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN ACCORDING TO THE PLAT THEREOF RECORDED SEPTEMBER 16, 1948 AS DOCUMENT NO. 554217 IN DU PAGE COUNTY, ILLINOIS DESCRIBED AS FOLLOWS:: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 5 AND RUNNING THENCE EAST ALONG THE NORTH LINE OF SAID LOT 5 A DISTANCE OF 408 FEET TO THE POINT OF BEGINNING OF THE TRACT HEREIN DESCRIBED; THENCE RUNNING FROM SAID POINT OF BEGINNING SOUTHERLY ALONG LINE PARALLEL WITH THE EAST LINE OF SAID LOT 5 TO A POINT IN THE SOUTH LINE OF SAID LOT 5; THENCE EASTERLY ALONG THE SOUTH LINE OF SAID LOT 5 A DISTANCE OF 269 FEET MORE OR LESS TO THE SOUTHEAST CORNER OF SAID LOT 5; THENCE NORTHERLY ALONG THE EAST LINE OF SAID LOT 5 A DISTANCE OF 321 FEET MORE OR LESS TO THE NORTHEAST CORNER OF SAID LOT 5; THENCE WEST ALONG THE NORTH LINE OF SAID LOT 5 A DISTANCE OF 275 FEET MORE OR LESS TO THE POINT OF BEGINNING; LESS AND EXCEPT FROM SAID TRACT THE NORTH 50 FEET THEREOF LYING WITHIN THE RIGHT-OF-WAY OF DEVON AVENUE. 6631b