HomeMy WebLinkAboutRESOLUTION - 94-80 - 9/23/1980 - Agreement RESOLUTIONI PiO. 94-80
A RESOLUTION AUTHORIZING THE VILLAGE PRESIDENT TO SIGN AN AGREEMENT
WITH THE ELK GROVE PARK DISTRICT REFERRED TO AS PUBLIC WORKS FACILITY
AGREEMENT
LOW, THEREFORE, 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:
Section 1. That the Village President be and is hereby authorized to
sign the attached documents marked Public Works Facility Agreement
, a copy of which is attached hereto and made a part
hereof as if fully set forth 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 and approval according to lace.
PASSED this „23rd day of September , 1980 .
APPROVED this 23rd day of September , 1980 .
Charles J. Zettek
President
Attest:
c
Villa , Clerk
PUBLIC WORKS FACILITY AGREEMENT
THIS AGREEMENT entered into this 23rd day of
September , 1980, by and between the VILLAGE OF
ELK GROVE VILLAGE (hereinafter referred to as "Village") and
the ELK GROVE PARK DISTRICT, Elk Grove Village, Illinois,
(hereinafter referred to as the "District") .
I
SCOPE
The Village and the District find it necessary and desir-
able and in furtherance of their respective purposes to cause
one building to be erected on certain land presently owned by
the Village, part of which building shall be owned by and paid
for by the Village and part of which shall be owned by and paid
for by the District . This Agreement shall cover those matters
necessary to accomplish the erection of such building, the
separate ownership by the Village and the District of distinct
portions of the building and the land on which such respective
portions are situate, rights of ingress and egress and continuing
rights , powers, duties and obligations of the parties with
respect- to the building and adjacent land and their respective
parts thereof.
II
CONVEYANCE
Upon the execution of this Agreement, the Village shall
convey or cause to be conveyed to the District by recordable
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warranty deed subject to conditions and restrictions of record,
if any, fee simple absolute title to that parcel of land which
is legally described on Exhibit A attached hereto and incorpor-
ated herein by reference (said parcel of land hereinafter
referred to as "Parcel 1") and by appropriate grant of easement ,
an easement appurtenant and for ingress, egress and parking as
to that property legally described on Exhibit C attached hereto
and incorporated herein by reference (said parcel of land
hereinafter referred to as "Parcel 3") , provided , however, that
District shall have first provided Village with a certified
COPY of an ordinance duly enacted by District declaring the
necessity and convenience of the, use by the District of Parcel
1 and the easement as to Parcel 3 for park and recreational
purposes pursuant to and in accordance with "An act in relation
to the transfer of interests in real estate by units of local
government or school districts. Approved July 2, 1925. "
(Chapter 30, Section 156, Illinois Revised Statutes) . That
parcel of land legally described on Exhibit B attached hereto
and incorporated herein by reference (hereinafter referred
to as "Parcel 211) together with Parcel 1 , shall be the site of
the aforesaid building to be jointly paid for by the Village
and the District as hereinafter more particularly set forth.
Ownership of Parcel 2 and the improvements thereon shall be
retained by the Village subject to the terms hereof.
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III
CONSTRUCTION COSTS
Village shall cause to be constructed on Parcels 1 and 2
one public n:orks building substantially in conformance with the
plans and specifications and design heretofore reviewed by and
approved by Village and District for same and in accordance
with the Arthur Goebelt proposal referred to in and at substan-
tially the same cost set forth in Exhibit D attached hereto and
by this reference incorporated herein. The cost to the District
of that portion of the building which is built on Parcel 1 and
improvements ancillary thereto as set forth in Exhibit D shall
be equivalent to . 167 of the costs set forth in Exhibit D. The
remaining .833 of the costs shall be borne by the Village.
Village shall make payment of the cost of the building and
improvements set forth in Exhibit D in return for partial
or final waiver of liens, as appropriate, and upon being billed
by Village and being supplied with copies of said waivers,
District shall from time to time reimburse Village for . 167 of
the said costs paid by Village within 30 days from the date of
receipt of any such bill .
Any increased costs of the project resulting from change
order shall be paid for solely by the Village unless approved
or consented to in advance of the implementation thereof by the
District. In no event shall any change order be made which
will have the effect of modifying or changing from the present
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plans . specifications and design that part of the building or
ancillary improvements to be situated on Parcel 1, which will
have an adverse effect on or preclude the intended use of
Parcel 1 by the District as a public works garage or facility .
IV
USE
That part of the building to be constructed on Parcel 1
and the improvements ancillary thereto shall be used by the
District and that part of the building to be constructed on
Parcel 2 and the improvements ancillary thereto shall be used
by the Village, respectively , for a public works garage facility
for the storage of maintenance vehicles and the like of the
District and the Village, respectively , and for uses related
thereto and consistent therewith, including if desired by
either party hereto, office use.
V
MAINTENANCE OF CAPITAL IMPROVEMENTS
From and after the date of final payment for the building
and ancillary improvements the following elements thereof shall
be maintained and kept in good condition and repair : all
structural components , heating (including furnace if only one
furnace serves the entire building) , plumbing, roof , exterior
of building, paving, fuel pumps, fences, sidewalks and exterior
lighting. The cost of same shall be shared by the District and
the Village with the District being obligated' to pay . 167
thereof and the Village being required to pay .833 thereof;
provided , however, that any such repairs and maintenance as are
required by virtue of the negligence of either party hereto
shall be borne solely by such negligent party. If there is any
dispute as to the necessity of repair or maintenance of any
particular item or items set forth above and the parties cannot
reach agreement, the matter shall be determined by a professional
structural engineer chosen by a nominee of the Village and a
nominee of the District. The opinion of such engineer shall be
final and binding on the parties hereto.
VI
OPERATING EXPENSES
All costs of operating, maintaining, owning, and repairing
the building, other than (i) those set forth in the preceding
Section V of this Agreement , (ii ) separately metered gas,
telephone, electric or other utilities and the like, if any,
which expenses shall be the independent responsibility of the
respective parties and (iii ) costs of the parties ' respective
agents , employees , contractors and the like, shall be shared by
the parties, including by way of illustration and not by
limitation the cost of replacement value hazard insurance and
comprehensive public liability insurance to be effective for
such time as the Village and the District shall have the use
and control of the building or their own parts thereof, naming
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both 7-'arties as insured and in amounts and with a carrier(s) as
shall be agreed upon by the parties. The payment of such
shared expenses shall be borne . 167 by the District and .833 by
the Village.
VII
PARTY WALL
The interior of the building to be constructed on Parcels 1
and 2 shall be divided by a wall the midpoint of which shall be
the common boundary of Parcels 1 and 2 transecting the building.
It is understood by the parties that such wall is a party wall
which will stand one-half on the property of each and shall
form part of the building on the property of each party.
Notwithstanding anything in this Agreement to the contrary ,
maintenance and repair of such party wall shall be shared by
the parties hereto as if same were one of the elements covered
under the provisions of Section V hereof, "MAINTENANCE OF
CAPITAL IMPROVEMENTS, " and the right of each party hereto and
their respective successors and assigns shall at all times be
subject to the rights of the other party in and to the said
party wail and the maintenance thereof.
VIII
RIGHT OF VILLAGE TO EXPAND
The Village reserves the right at its sole cost and
expense to build additional improvements or to enlarge or
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expanu that part of the building to be built on Parcel 2,
including the right to locate such addition or improvement
on Parcel 3, provided , however, that no such addition or
improvement shall be made or caused to be made by Village,
which on its own or in conjunction with other improvements,
will have or may reasonably be expected to have a materially
adverse effect on or materially impair or preclude in whole or
in part the District 's access to Parcel 1 and its use of same
as improved , as a public works facility as contemplated herein.
IX
FIRST RIGHT OF REFUSAL
If either party wishes to sell or convey any part or all
of Parcel 1, Parcel 2 and/or Parcel 3 belonging to it, the
party so desiring shall give to the other party not less than
thirty (30) days prior written notice of the terms of any
contemplated sale, together with the name, address and financial
and character references of the proposed purchaser and such
other information concerning the proposed purchaser as the
non-selling party may reasonably require . The governing Board
of the non-selling party shall at all times have the first
right and option to purchase the property offered for sale upon
the same terms, or by assignable installment contract for
purchase which would result in payment of the same full purchase
price to the selling party at closing, which option shall be
exercisable for a period of thirty (30) days following the date
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of re,:eipt of such notice. If such option is not exercised
within said thirty (30) days, the selling party may at the
expiration of said thirty (30) day period, contract to sell the
subject property to the proposed purchaser named in such notice
upon the terms specified therein.
X
MISCELLANEOUS PROVISIONS
A. Title commitment , title insurance policy and survey
costs and expenses necessary and incidental to the effectuation
of this Agreement and the conveyance and grant of easements
shall be borne by the parties hereto in the following ratio:
Village' s Share . . . . . . . . .833
District' s Share . . . . . . . .167
B. The Village and the District shall jointly cause to
be prepared and filed the necessary papers to accomplish a
division of the property presently comprised by Parcels 1 , 2
and 3 for real estate tax purposes.
C. Each party hereto shall execute and deliver to the
other party all such documents, deeds, instruments, further
assurances and the like as may be required to accomplish the
substance and intent of this Agreement .
D. This Agreement shall be binding upon the parties
hereto, their agents, successors and assigns and the successor
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governing Boards of each party hereto.
E. Any notice required 'or contemplated to be given to a
party hereto shall be deemed given when received by the party
hereto by certified mail , return receipt requested , postage
prepaid , addressed as follows:
1. If to Distract :
Director
Elk Grove Park District
499 Biesterfield Road
Elk Grove Village, Illinois 60007
2. If to Village:
Village Manager
Village of Elk Grove Village
901 Wellington
Elk Grove Village, Illinois 60007
F. This Agreement may be amended only by a writing
executed by and on behalf of both parties hereto.
G. This Agreement may be executed in one or more counter-
parts each of which shall constitute an original .
EXECUTION
IN WITNESS WHEREOF, the parties hereto in consideration
of the foregoing covenants and agreements and in further
consideration, by and through their respective duly authorized
officers, have executed and delivered unto each other this
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Agreement , this day of , 1980,
ATTEST: VILLAGE OF ELK GROVE VILLAGE
901 Wellington
Elk Grove Village, Illinois
Its
ATTEST: ELK GROVE PARK DISTRICT
499 Biesterfield Road
Elk Grove Village, Illinois
By:
Its
4605 N. t1.fTON "KNUtd - - - --- - PLAT
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n+oNtl we 3,:isss-afos GREMLEY & BIEDERMANN INC.
I PA¢CBL 2.
THAT PART OF LOT 1 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT 1 AFORESAID; i
THENCE SOUTH 870 29' 491' WEST ALONG THE NORTH LINE OF LOT 1 AFORESAID 69.68 FEET; THENCE SOUTH w E
20 30' 11" EAST CAT RIGHT ANGLES THERETO) A DISTANCE OF 47.02 FEET TO THE POINT OF BEGINNING;
THENCE SOUTH 20 15' 51" EAST 305.50 FEET; THENCE SOUTH 87° 44' OQ" WEST 102.01 FEET; THENCE
NORTH 20 15' 51" WEST 305.50 FEET; THENCE NORTH 870 44. 09" EAST 102.01 FEET TO THE POINT
OF BEGINNING, (EXCEPT THE SOUTH 52.0 FEET THEREOF) ALL IN SAID LOT 1 IN FIRST RESUBDIVISION E
OF WINSTON GROVE SECTION 22 NORTH OF LOTS 32 AND 33 IN BLOCK 6 IN WINSTON GROVE SECTION 22
NORTH, BEING A SURDIVISION IN PART OF SECTIONS 35 AND 36, TOWNSHIP 41 NORTH, RANGE 10, EAST
OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. f
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THE SOUTH 52.0 FEET OF THAT PART OF LOT 1 DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST
CORNER OF LOT 1 AFORESAID; THENCE SOUTH 870 29' 49" WEST ALONG THE NORTH LINE OF LOT 1 AFORESAID
69.68 FEET; THENCE SOUTH 20 30' 11" EAST (AT RIGHT ANGLES THERETO) A DISTANCE OF 47.02 FEET
TO THE POINT OF BEGINNING; THENCE SOUTH 2° 15' 51" EAST 305.50 FEET; THENCE SOUTH 870 44' j
09" WEST 102.01 FEET; THENCE NORTH 2' 15' 51" WEST 305.50 FEET; THENCE NORTH 87° 44' 09" EAST
102.01 FEET TO THE POINT OF BEGINNING, ALL IN SAID LOT 1 IN FIRST R£SURDIVISION OF WINSTON
GROVE SECTION 22 NORTH OF LOTS 32 AND 33 IN BLOCK 6 IN WINSTON GROVE SECTION 22 NORTH, BEING
A SUBnIVISION IN PART OF SECTIONS 35 AND 36, TOWNSHIP 41 NORTH, RANGE 10, EAST OF THE THIRD 1
PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
PAQCBG
THAT PART OF LOT 1 DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1 AFORESAID;
THENCE SOUTH 870 29' 49" WEST ALONG THE NORTH LINE OF LOT 1 AFORESAID TO THE NORTHWEST CORNER I
THEREOF; THENCE SOUTH 20 20' 03" EAST ALONG THE WEST LINE OF LOT 1 AFORESAID 339.30 FEET TO
A POINT; THENCE NORTH 870 17' 41" EAST 348.64 FEET TO A POINT IN THE EAST LINE OF LOT I AFORESAID
398.48 FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 000 06' 05" EAST ALONG SAID
EAST LINE 398.48 FEET TO THE POINT OF BEGINNING, (EXCEPT THEREFROM THE FOLLOWING: COMMENCING
AT THE NORTHEAST CORNER OF LOT 1 AFORESAID; THENCE SOUTH 870 29' 4Q" WEST ALONG THE NORTH
LINE OF LOT 1 AFORESAID 69.68 FEET; THENCE SOUTH 20 30' 11" EAST (AT RIGHT ANGLES THERETO)
A DISTANCE OF 47.02 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 2° 15' 51" EAST 305.50 FEET; i
THENCE SOUTH 87° 44' 09" WEST 102.01 FEET; THENCE NORTH 2° 15' 51" WEST 305.50 FEET; THENCE
NORTH 87° 44' 09" EAST 102.01 FEET TO THE POINT OF BEGINNING, ALL IN SAID LOT 1 IN FIRST RESUBDI-
VISION OF WINSTON GROVE SECTION 22-NORTH OF LOTS 32 AND 33 IN BLOCK 6 IN WINSTON GROVE SECTION
22 NORTH, BEING A SUBDIVISION IN PART OF SECTIONS 35 AND 36, TOWNSHIP 41 NORTH, RANGE 10, !
EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
1
"WELL SITE"
LOT 1 (EXCEPT THAT PART DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT 1
AFORESAID; THENCE SOUTH 870 29' 49" WEST ALONG THE NORTH LINE OF LOT 1 AFORESAID TO THE NORTHWEST
CORNER THEREOF; THENCE SOUTH 2° 20' 03" EAST ALONG THE WEST LINE OF LOT 1 AFORESAID 339.30
FEET TO A POINT; THENCE NORTH 870 17' 41" EAST 348.64 FEET TO A POINT IN THE EAST LINE OF
LOT 1 AFORESAID 398.48 FEET SOUTH OF THE NORTHEAST CORNER THERE3F; THENCE NORTH 00° 06' 05"
EAST ALONG SAID EAST LINE 396.48.FEET.TO THE POINT OF BEGINNING) ALL IN SAID LOT 1 IN FIRST
f RESUBDIVISION OF WINSTON GROVE SECTION 22 NORTH OF LOTS 32 AND 33 IN BLOCK 6 IN WINSTON GROVE
i SECTION 22 NORTH, BEING A SUBDIVISION IN PART OF SECTIONS 35 AND 36, TOWNSHIP 41 NORTH, RANGE
10, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
1
0[dN NO. a� DISTANCES ARE MARKED IN FEET AND DECIMAL PARTS
THEREOF.COMPARE ALL POINTS BEFORE BUILDING BY
SAME AND AT ONCE REPORT ANY DIFFERENCES BEFORE'
SCSI* I Inch -f"t DAMAGE 15 DONE. - -
.SEPT /gB0 FOR EASEMENTS.BUILDING LINES AND OTHER RESTRIC-
TIONS NOT SHOWN ON SURVEY PLAT REFER TO YOUR
ABISTRACT.DEED,CONTRACT.TITLE POLICY AND LOCAL -
owtor BUILDNG LINE REGULATIONS.
NO DMENSIONS SHALL BE ASSUMED BY SCALE
Ordod by lllgA�e 4--X 6Ka✓E{11LtA6C MEA
wSUREMENT UPON THIS PLAT. /
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[,:DHFR Or LI)? AIO.ESAI(II THE N, s U T. 4"WEST ALONG 1Hf NOQT-1 LINE Of LO I AFORESAID
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I FEET T THE POINT OF BEGINNING, ALL 14 SAID LOT I IN FIRST ftrsu,nl VI SI
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LOTS 012 AND I IN BLOCK 6 IN WINSTON GROVE SFCYTO 2. No K IMG
St)RnjVjSION IN PART FF FI Ns , All 11 -.41HIP III WORTH, RAW" !-, EA5T OF THE THIRD
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PRINCIPAL �ERIIIIAN, IN CI-OF c"'I.Y11 ILLINOIS.
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THAT PART OF LOT I DESCRIBED AS FOLLOWS: AEG I NNING AT THE
NO T-F ST CORNER OF LOT I AFONSAID,
THENCE SOUTH 97- 29- 49"WEST ALONG THE NORTH LI NF OF LOT I A;D4f'SAIO To THE NORTHWEST CORNER
THEREOF; TMENCIF. SOUTH ?- r;.0 1"..EAq T ALONG.THE WEST LINE OF LOT I AFORESAID 139.10 FEET T
A,POINT; THE�CF NORTH 47- 1 41 EAST 34R.14 FFFT To A PDINT IN THE PAST LINE Of LOT ISAFORESAID
F 0 (1 G5"EAST
3 ,.4p FEET SOUTH OF THE NORTHEAST CORNER THEREOF; THENCE NORTH 006 0 ALONG SAID
EAST LINE 10.46 FEET TO THE POINT Of BEGINNING, (excEPT THRRrP*OM THE FOLLOWING: COMMENCING
AT THE NORTHEAST CORNER OF LOT I AFORESAID; THENCE SOUTH R7b ?Q- 40"WFST ALONG THE NORTH
LINE OF LOT I AFORESAID
69.68
FEET I THENCE SOUTH 2. 30- 11"EAST(AT RIGHT INGLES
S THERETO)
A DISTANCE
I STANCE OF 47.02 FEE!TO'THE F I HE
F I NORTH 2- 15' 51"WEST ',05.50 FEET; THENCE
THENCE SOUTH 0" 09 NT 11774FFIR I WRING,T MCI SOUTH - 11 151 EAST 305.5(1 FETTi
C,
NORTH9.
R 7 VII' EAST ir,.r)i FEET TO IMF POINT Of BEGINNING, ALL IN SAID LOT I IN FIRST AESUGDI-
VISI* OF WINSTON GROVE SECTION 27 NORTH OF LOTS 32 AND 11 IN BLOCK 6 IN WINSTON GROVE'SECTION
2
2 NORTH, REIN- A SUBnIVISION IN PART OF SECTIONS IS A. 345,TOWNSHIP 41 NORTH. RAN" 10,
LAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY. ILLINOIS.
"WELL "TO"
LOT 1 (1 VT THAT PART O1ESCItI8tb
9C 49!S FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF LOT I
AFORESAID; T"E"CE.%OUTM 8?;,29. HEST L & A
U OT I AFORESAID 319.3n
,!,A ON THE WITH LINE*F LOT
AFORESAID TO THE NORTHWEST
CORNER THEREOF; I KNCE Q ? 01 AST ALONG THE WEST LINE Of
f T TO A POINT; THENCE NORTH R7. 17. 111..EAST I.R.A4 FEET TO A POINT
IN THE EAST LINE OF
LOT I AFORESAID 398.48
FEET SOUTH OF THE NORTHEAST CORNER THP F*F; THENCE MDRTN co
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LAST ALONG SAID EAST LINt IqF FEET Io T- POINT Do BEGINNING) ALL IN SAID LOT I IN FIR
;T
RESUBDIVISION Of WINSTON GROVE SECTION 22 NORTH OF LOTS 32 AND 31 IN RLOCK 6 1N WINSTON GROVE
SECTION NORTH,
A SURDIVIIII611 IN PART OF SECTIONS 35 AND36. TOWNSHIP 41 NORTH, RANGE
10, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS.
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6 IN WINSTON GROVE SECTION 22-NORTH, BEING A SUBDIVISION IN PART OF SECTIONS 35 AND 36,
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Order NO. B�l — / DISTANCS ARE MARKED IN FEET AND
THEREOF•COMPARE ALL POINTS BEFORE BIUILDINGRTS BY we, GREMLEYlL__i BIEDERMANN.INC.hereby certifr that w
Scala t IIICti: }Nr SAME AND AT ONCE REPORT ANY DIFFERENCES BEFORE have surveyed the a6wo'desaibed property and that the plat!"
DAMAGE IS DONE.
I f /9An FOR EASEMENTS.BUILDING LINES AND OTHER RESTRIC. harm drawn N a (e(hl �ef!t 11D� of •d survey
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Date ra --- TIONS NOT SHOWN ON SURVEY PLAT REFER TO YOUR -
ABSTRACT.DEED.CONTRACT.TITLE POLICY AND LOCAL Faded to a toom4k ure r IL
Oweer BUILDING LINE REGULATIONS. - ~ _•
PC NO DINSIONS SHALL BE ASSUMED 81 SCALE
OrdMed bV / Ia✓ //� G MEASUREMENT UPON THIS PLAT. REG ILL lead Sweeyer`gyp