Loading...
O-104-04 12/13/04LAURIE MCPHILLIPS 27P R 2006006338 Will County Recorder Page 1 of 27 LEH Date 01/10/2006 Time 14:45:56 Recording Fees: 41.00 IL Rental Hsng Support Prog: 0.00 VILLAGE OF LEMONT ORDINANCE NO4 10 AN ORDINANCE DISCONNECTING MARS PROPERTY ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT This /3 day of h-u\-/ 2004. Published in pamphlet form by authority of the President and Board of Trustees of the Village of Lemont, Cook, Will and DuPage Counties „Illinois, this 13 day of zu-ry7 ,] , 2004 ORDINANCE NO.O /(—d AN ORDINANCE DISCONNECTING MARS PROPERTY WHEREAS, a certain territory hereinafter referred to as "Mars Property ", which is legally identified on attached Exhibit A and was annexed to the Village of '_emont pursuant to an Annexation Agreement recorded with the Will County Recorder of Deeds on July 28, 2002, as Document NO. R92- 58515; and WHEREAS, a Petition has been filed requesting Disconnection of the Mars Property pursuant to 65 -ILCS 5/7 -1 -24; WHEREAS, the Petition dated September 17, 2004 makes certain representations and warranties in connection with said Petition for Disconnection which are. specifically incorporated herein by reference; and WHEREAS, the Village of Lemont intends to Disconnect the subject property pursuant to terms and conditions herein as set forth pursuant to 65 -ILCS 5/7 -1 -24; and WHEREAS, the Village of Woodridge is desirous of Annexing said territory, which is contiguous to the Woodridge Municipal Boundaries. NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEMONT, COUNTIES OF COOK, WILL AND DUPAGE AS FOLLOWS: Section 1. The Corporate authorities of the Village of Lemont hereby acknowledge that the requisite petition has been filed pursuant to 65 -ILCS 5/7 -1 -24 requesting Disconnection of the Mars Property legally described in Exhibit A. Section 2. The Village of Lemont hereby approves and duly authorizes the execution and recording of a termination and abrogation of the 1992 Mars Annexation Agreement. Terminating said Agreement and Disconnecting the territory described herein upon the last to occur of the following events: (a) the execution of the Boundary Agreement between the Village of Lemont and the Village of Woodridge; (b) The annexation of the Property to the Village of Woodridge in accordance with the terms and conditions described in the recitals set forth in the Petition for Disconnection, including, but not limited to the recitals numbered paragraph 14 through 17, inclusive; (c) the payment of the Disconnection Fee to the Village by the Petitioners in the amount of $320,959; and Section 3. FURTHER BE IT ORDAINED, in the event any of the foregoing events have not occurred within three hundred sixty five (365) calendar days of Approval and Passage of this Disconnection Ordinance, this Ordinance shall be null and void and have no further force and effect. -2- PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF LEM T, COUNTIES OF COOK, WILL AND DU PA3E, ILLINOIS, on this /3 day of 4,c,&vvi/W1i . Brian Reaves Debby Blatzer Peter Coules Ron Stapleton Steven Rosendahl Jeanette Virgilio Att AYES v V v V V V NAYS ABSENT ABSTAIN Approved by me this /3 day of v� 2004. AZZA, Village CHARLENE M. SMOLLEN, Village Clerk Approved as to Form: J/), OH P. J POULOS, Village Attorney -3- Mydocuments /Village/Ordlnance/cf ent PETITION FOR DISCONNECTION PURSUANT TO 65 ILCS 5/7 -1 -24 Dated: September 17, 2004 To: Corporate Authorities of the Village of Lemont, Illinois CC: Corporate Authorities of the Village of Woodridge, Illinois The Petitioners, being: (i) Bridge Development Partners, LLC, an Illinois limited liability company ( "Bridge "); (ii) Chicago Title Land Trust Company, Successor Trustee to Chicago Title and Trust Company, not personally, but solely as Trustee under Trust Agreement dated August 1, 1986 and known as Trust No. 1089320 ( "Trust No. 1089320 "); (iii) Chicago Title Land Trust Company, Successor Trustee to Chicago Title and Trust Company, not personally, but solely as Trustee under Trust Agreement dated August 2. 1986 and known as Trust No. 1089321 ( "Trust No. 1089321 "); (iv) Chicago Title Land Trust Company, Successor Trustee to Chicago Title and Trust Company, not personally, but solely as Trustee under Trust Agreement dated August 3, 1986 and known as Trust No. 1089322 ( "Trust No. 1089322 "); (v) Chicago Title Land Trust Company, Successor Trustee to Chicago Title and Trust Company, not personally, but solely as Trustee under Trust Agreement dated September 15, 1986 and known as Trust No. 1089122 ( "Trust No. 1089122 "); (vi) Chicago Title Land Trust Company, Successor Trustee to Chicago Title and Trust Company, not personally, but solely as Trustee under Trust Agreement dated September 16, 1986 and known as Trust No. 1089323 ( "Trust No. 1089323 "); and (vii) Midwest Bank & Trust Company, not personally but solely as Trustee under Trust Agreement dated April 27, 1994 and known as Trust No. 94 -6663, 501 West North Avenue, Melrose Park, IL 60160 ( "Trust No. 94- 6663 "), respectfully state under oath: 1. Trust No. 1089320 is the sole owner of record of the land legally described as Parcel 1 in Exhibit A attached hereto and made a part hereof (the "Trust No. 1089320 Property "); the tax identification numbers for such land are 02 -13- 400 -023 and 02 -13- 400 -029; and the beneficiaries of such Trust are listed in Exhibit B, attached hereto and made a part hereof. 2. Trust No. 1089321 is the sole owner of record of the land legally described as Parcel 2 in Exhibit A attached hereto and made a part hereof (the "Trust No. 1089321 Property "); the tax identification numbers for such land are 02 -13- 400 -024 and 02 -13- 400 -037; and the beneficiaries of such Trust are listed in Exhibit B, attached hereto and made a part hereof; 3. Trust No. 94 -6663 is the sole owner of record of the land legally described as Parcel 3 in Exhibit A attached hereto and made a part hereof (the "Trust No. 94 -6663 Property "); the tax identification number for such land is 02 -13- 400 -038; and the beneficiaries of such Trust are listed in Exhibit B, attached hereto and made a part hereof; DISCONNECTION PETITION 20180500.4 Page 1 4. Trust No. 1089322 is the sole owner of record of the land legally described as Parcel 4 in Exhibit A attached hereto and made a part hereof (the "Trust No. 1089322 Property "); the tax identification number for such land is 02 -24- 200 -027; and the beneficiaries of such Trust are listed in Exhibit B, attached hereto and made a part hereof; 5. Trust No. 1089122 is the sole owner of record of the land legally described as Parcel 5 in Exhibit A attached hereto and made a part hereof (the "Trust No. 1089122 Property "); the tax identification number for such land is 02 -13- 400 -033; and the beneficiaries of such Trust are listed in Exhibit B, attached hereto and made a part hereof; 6. Trust No. 1089323 is the sole owner of record of the land legally described as Parcel 6 in Exhibit A attached hereto and made a part hereof (the "Trust No. 1089323 Property "); the tax identification number for such land is 02 -24- 200 -033; and the beneficiaries of such Trust are listed in Exhibit B, attached hereto and made a part hereof; 7. The Trust No. 1089320 Property, Trust No. 1089321 Property, Trust No. 1089322 Property, Trust No. 1089122 Property, Trust No. 1089323 Property, and Trust No. 94 -6663 Property are collectively referred to herein as the "Property." 8. Bridge, or its nominee, is the contract purchaser of the Property, and the purchase of the Property is to be completed through an escrow with Chicago Title and Trust Company, First American Title Insurance Company or another escrowee acceptable to the seller and purchaser of the Property (the "Closing Escrow "). 9. The Property is situated within the limits of the Village of Lemont and is contiguous to the Village of Woodridge. 10. The Property was annexed to the Village of Lemont in conjunction with that certain Annexation Agreement recorded by the Will County Recorder on July 28, 1992 as document number R92 -58515 (the "1992 Lemont Annexation Agreement "). 11. The only electors residing on the Property are listed in Exhibit C, attached hereto and made a part hereof, and at least 51% of such electors have executed this Petition. 12. The Village of Woodridge and Village of Lemont intend to negotiate or are in the process of negotiating a boundary agreement concerning their respective municipal boundaries and the provision of utilities relating to certain properties within the Village of Lemont (the "Boundary Agreement "), which Boundary Agreement will provide for or permit, among other things, the disconnection of the Property from the Village of Lemont and the annexation of the Property to the Village of Woodridge. DISCONNECTION PETITION 20180500.4 Page 2 13. The Village of Lemont is requiring as conditions of the Property's disconnection that: (i) the Boundary Agreement be executed by the parties thereto and (ii) Petitioners pay the Village of Lemont the sum of three hundred and twenty thousand dollars ($320,000) (the "Disconnection Payment "), which Disconnection Payment may be made from the Closing Escrow. 14. Bridge (or its nominee) has submitted or intends to submit to the Village of Woodridge a petition requesting the annexation of the Property (together with all adjacent highways not within the corporate limits of any municipality) to the Village of Woodridge pursuant to Section 7 -1 -24 of the Illinois Municipal Code of the State of Illinois, as amended (65 ILCS 5/7 -1 -24) (the "Annexation Petition "). 15. Bridge (or its nominee) and the Village of Woodridge intend to negotiate or are in the process of negotiating an annexation agreement, pursuant to Section 11- 15.1 -1 et. seq., of the Illinois Municipal Code, as amended (65 ILCS 11- 15.1 -1), concerning the terms and conditions under which the Property is to be annexed to the Village of Woodridge and be used and developed following approval, due authorization and execution of such annexation agreement by the Village of Woodridge (the "Annexation Agreement "). 16. Bridge (or its nominee) also has applied or intends to apply to the Village of Woodridge for certain land use approvals pertaining to zoning classification, planned unit development, subdivision, engineering, signage and other land use regulations intended to govern the Property upon its annexation to the Village of Woodridge (such approvals, as and if adopted by the Village, are referred to herein as the "Woodridge Land Use Approvals "). 17. In accordance with the terms of the Annexation Petition and the Annexation Agreement, the conditions of the annexation of the Property (together with all adjacent highways not within the corporate limits of any municipality) to the Village of Woodridge shall be as follows: (a) the Boundary Agreement shall have been duly approved, authorized for execution and executed by the parties thereto; (b) the Annexation Agreement shall be approved and duly authorized for execution and recording by the Village of Woodridge immediately prior to the annexation of the Property; (c) the corporate authorities of the Village of Woodridge shall duly approve and pass an ordinance annexing the Property (together with all adjacent highways not within the corporate limits of any municipality) (the "Annexation Ordinance "); (d) immediately following the approval and passage of the Annexation Ordinance, the corporate authorities of the Village of Woodridge shall duly approve an ordinance granting the Woodridge Land Use Approvals; and (e) the Annexation Agreement shall be executed and recorded by the Village of Woodridge. DISCONNECTION PETITION 20180500.4 Page 3 18. The foregoing statements of facts are true to the best of Petitioners' knowledge and information. Petitioners hereby respectfully request that: Within thirty (30) days of the date of this Petition, the President and Village Board of the Village of Lemont duly approve and adopt one or more ordinances pursuant to Section 7 -1 -24 of the Illinois Municipal Code of the State of Illinois, as amended (65 ILCS 5/7 -1 -24) (collectively, the "Disconnection Ordinance ") that: (i) approves and duly authorizes for execution and recording by the Village of Lemont a termination and abrogation of the 1992 Lemont Annexation Agreement (the "Termination Instrument "), which Termination Instrument shall be immediately thereafter executed by the Village of Lemont and deposited into the Closing Escrow, and (ii) disconnects the Property from the Village of Lemont; provided, however, said Disconnection Ordinance shall provide by its own terms that the disconnection becomes effective, and the Termination Agreement by its own terms shall provide that it becomes effective, immediately upon (and only upon) the last to occur of the following four events: (a) the execution of the Boundary Agreement by the parties thereto; (b) the annexation of the Property to the Village of Woodridge in accordance with the terms and conditions described in the recitals hereto, including but not limited to the recitals numbered paragraph 14 through 17, inclusive; (c) the payment of the Disconnection Payment to the Village by the Petitioners; and (d) the deposit into the Closing Escrow of the remaining counterpart signature pages to the Termination Instrument from the parties to the 1992 Lemont Annexation Agreement other than the Village of Lemont. Furthermore, if any of the foregoing four events has not occurred within 365 days of the approval and passage of the Disconnection Ordinance, this Petition, the Disconnection Ordinance and the Termination Instrument each, by its own terms, shall become null and void without further action of the Petitioners or the Village of Lemont. DISCONNECTION PETITION 20180500.4 [SIGNATURE PAGES FOLLOW] Page 4 Dated this 02 7 day of September, 2004. PETITIONERS: Bridge Devel By: Its: Date: artners, LLC Chicago Title Land Trust Company, Successor Trustee to hicago Title and Trust Company, not personally, but solely Trustee under Trust Agreement dated August 1, 1986 and own as Trust No. 1089320 C /i2t- hLi --3 ASST. VICE PRESIUENT CORPORATE y: Its: icago Title Land Trust Company, Successor Trustee to ago Title and Trust Company, not personally, but solely ustee under Trust Agreement dated August 2. 1986 and as Trust No. 1089321 /rLite!taiSCck__ ASST. VICE PRESIDZN "" ' Chicago Title Land Trust Company, Successor Trustee to A\-� icago Title and Trust Company, not personally, but solely ,R� ` sustee under Trust Agreement dated August 3, 1986 and .y CORPORATn own as Trust No 1089322 S SEAL Chicago Title Land Trust Company, Successor Trustee to Chicago Title and Trust Company, not personally, but solely s Trustee under Trust Agreement dated September 15, 1986 d known as Trust No. 1089122 DISCONNECTION P 20180500.4 Page 5 ASST. VICE PRESIDENT ..7.0F3P06' RAT. Its: Chicago Title Land Trust Company, Successor Trustee to tCi icago Title and Trust Company, not personally, but solely is Trustee under Trust Agreement dated September 16, 1986 nd`known as Trust No. 1089323 ASST. VICE PRESIDENT Midwest Bank & Trust Company, not personally but solely as Trustee under Trust Agreement dated April 27, 1994 and known as Trust No. 94 -6663, 501 West North Avenue, Melrose Park, IL 60160 By: Its: ELECTORS: Robert E. Mars Susan C. Mars ADD NOTARY PAGES AND EXHIBITS. EXHIBIT A: LEGAL DESCRIPTIONS EXHIBIT B: TRUST BENEFICIARIES EXHIBIT C: LIST OF ELECTORS DISCONNECTION PETITION 20180500.4 Page 6 SEE EXCULPATORY RIDER ATTACHED TO AND MADE PART HEREOF Its: Chicago Title Land Trust Company, Successor Trustee to Chicago Title and Trust Company, not personally, but solely as Trustee under Trust Agreement dated September 16, 1986 and known as Trust No. 1089323 By: Its: Midwest Bank & Trust Company, not personally but solely as Trustee under Trust Agreement dated April 27, 1994 and known as Trust No. 94 -6663, 501 West North Avenue, Melrose Park, IL 60160 By: 146 Its: Land Trust Officer ELECTORS: Robert E. Mars Susan C. Mars ADD NOTARY PAGES AND EXHIBITS. EXHIBIT A: LEGAL DESCRIPTIONS EXHIBIT B: TRUST BENEFICIARIES EXHIBIT C: LIST OF ELECTORS DISCONNECTION PETITION 20180500.4 Page 6 EXCULPATORY RIDER Midwest Bank and Trust Company, as Trustee executes this Petition For Disconnection under the provisions of Trust Agreement dated April 27, 1994, and known as Trust Number 94 -6663, not personally but solely as Trustee aforesaid in the exercise of the power and authority conferred upon and vested in it as such Trustee. This instrument is executed and delivered by the Trust solely in the exercise of the powers expressly conferred upon the Trustee under the Trust and upon written direction of the beneficiaries and/or holders of the power of direction of said Trust and Midwest Bank and Trust warranties that is possesses full power and authority to execute this instrument. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representation, warranties covenants, undertakings and agreements herein; made on the part of the trustee while in form purporting to be the said representation, warranties, covenants, undertakings and agreements of said Trustee are each and every one of them not made with the intention of binding Midwest Bank and Trust Company in its individual capacity, but are made and intended solely for the purpose of binding only the Trust property specifically described herein. No personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against Midwest Bank and Trust Company on account of any representations, warranties, covenants, undertakings and agreements contained in the instrument (including but not limited to any indebtedness accruing plus interest hereunder) either express or implied or arising in any way out of the transaction in connection with this instrument is executed, all such personal liability or responsibility, if any, being expressly waived and releases, and any liability hereunder being specifically limited to the Trust Assets, if any, securing this instrument. Any provision of this instrument referring to a right of any person to be indemnified or held harmless, or reimbursed by the Trustee for any costs, claims, losses, fines, penalties, damages, costs of any nature, in connection with the execution of this instrument, shall be construed as only a right of redemption out of the assets of the Trust. Notwithstanding anything in this instrument contained, in the event of any conflict between the body of this exoneration and the body of this instrument, the provisions of this paragraph shall control. Trustee being fully exempted; nothing herein contained shall limit the right of any party to enforce the personal liability of any other party to this instrument. Its: Chicago Title Land Trust Company, Successor Trustee to Chicago Title and Trust Company, not personally, but solely as Trustee under Trust Agreement dated September 16, 1986 and known as Trust No. 1089323 By: Its: Midwest Bank & Trust Company, not personally but solely as Trustee under Trust Agreement dated April 27, 1994 and known as Trust No. 94 -6663, 501 West North Avenue, Melrose Park, IL 60160 By: Its: Susan C. Mars ADD NOTARY PAGES AND EXHIBITS. EXHIBIT A: LEGAL DESCRIPTIONS EXHIBIT B: TRUST BENEFICIARIES EXHIBIT C: LIST OF ELECTORS DISCONNECTION PETITION 20180500.4 Page 6 STATE OF ILLINOIS ) SS COUNTY OF COOK I, Am/ NK A I o i 0; y , a notary public in and for the County and State aforesaid, do hereby certify that R 0 m / - r Frc u' , the Pr, r c i p I of Bridge Development Partners, LLC, an Illinois limited liability company (the "Company "), personally known to me to be the same person whose name is subscribed to the ffregoing, Petition For Disconnection Pursuant To 65 ILCS 5/7 -1 -24 (the "Petition ") as such Gil C t 4 T- rya/ I/A , appeared before me this day in person and acknowledged that he signed and delivered said Petition as his own free and voluntary act and as the free and voluntary act of the Company, for the uses and purposes therein set forth. GIVEN under my hand and notarial seal this 27t day of September, 2004. (,t1 71 ?e /lliu i a'y Notary Public "OFFICIAL SEAL" AMY McMURRAY Dorsey Public, Sate of Illinois Commission ...ins 11/12/2006 STATE OF ILLINOIS SS COUNTY OF COOK I, the undersigned, a NOTARY PUBLIC in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that Robert E. Mars and Susan C. Mars, personally known to me to be the same persons whose names are subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that they signed and delivered the said instrument as their own free and voluntary act, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this 23 (Jday of wn . , 2004. Commission Expires ' 1 Caw. Notary Public "OFFICIAL SEAL" JASON S. ORNDUFF STATE OF ILLINOIS COMMISSION EXPIRES 01/27/07 Dated this 017-tit-day of September, 2004. PETITIONERS: Bridge Deve . : • ' artners, LLC By: Its: Date: .'.. j li? / �; :'‘.\-"- '��/s> Chicago Title Land Trust Company, Successor Trustee to Oct c F jhicago Title and Trust Company, not personally, but solely R CORPO T =`as, Trustee under Trust Agreement dated August 1, 1986 and lc own as Trust No. 1089320 SEAL l Principal 9 -27 -04 Its: CORPORATE SEAL dfict, ://f,at ASST/VICE PRESIDENT icago Title Land Trust Company, Successor Trustee to ago Title and Trust Company, not personally, but solely at •rustee under Trust Agreement dated August 2. 1986 and known as Trust No. 1089321 By: Its: ASST VICE PR au®.4, icago Title Land Trust Company, Successor Trustee to (-Chicago Title and Trust Company, not personally, but solely CORPORATL- a , rustee under Trust Agreement dated August 3, 1986 and SEA 1 f' vn as Trust No. 1089322 'Chcago Title Land Trust Company, Successor Trustee to ;Chicago Title and Trust Company, not personally, but solely as Trustee under Trust Agreement dated September 15, 1986 anf1 known as Trust No. 1089122 DISCONNECTION PETITION 20180500.4 Page 5 ASST. VICE PRESIDENT Its: Chicago Title Land Trust Company, Successor Trustee to Chicago Title and Trust Company, not personally, but solely as Trustee under Trust Agreement dated September 16, 1986 Fad known as Trust No. 1089323 Its: ASST. VICE PRESiotrvi Midwest Bank & Trust Company, not personally but solely as Trustee under Trust Agreement dated April 27, 1994 and known as Trust No. 94 -6663, 501 West North Avenue, Melrose Park, IL 60160 By: Its: ELECTORS: Robert E. Mars Susan C. Mars ADD NOTARY PAGES AND EXHIBITS. EXHIBIT A: LEGAL DESCRIPTIONS EXHIBIT B: TRUST BENEFICIARIES EXHIBIT C: LIST OF ELECTORS DISCONNECTION PETITION 20180500.4 Page 6 SEE EXCULPATORY RIDER ATTACHED TO AND MADE PART HEREOF. Its: Chicago Title Land Trust Company, Successor Trustee to Chicago Title and Trust Company, not personally, but solely as Trustee under Trust Agreement dated September 16, 1986 and known as Trust No. 1089323 By: Its: Midwest Bank & Trust Company, not personally but solely as Trustee under Trust Agreement dated April 27, 1994 and known as Trust No. 94 -6663, 501 West North Avenue, Melrose Park, IL 60160 By: Its: ELECTORS: Robert E. Mars Susan C. Mars ADD NOTARY PAGES AND EXHIBITS. EXHIBIT A: LEGAL DESCRIPTIONS EXHIBIT B: TRUST BENEFICIARIES EXHIBIT C: LIST OF ELECTORS DISCONNECTION PETITION 20180500.4 Page 6 Its: Chicago Title Land Trust Company, Successor Trustee to Chicago Title and Trust Company, not personally, but solely as Trustee under Trust Agreement dated September 16, 1986 and known as Trust No. 1089323 By: Its: Midwest Bank & Trust Company, not personally but solely as Trustee under Trust Agreement dated April 27, 1994 and known as Trust No. 94 -6663, 501 West North Avenue, Melrose Park, IL 60160 By: Its: ELECTO Robert E. Mars Susan C. Mars ADD NOTARY PAGES AND EXHIBITS. EXHIBIT A: LEGAL DESCRIPTIONS EXHIBIT B: TRUST BENEFICIARIES EXHIBIT C: LIST OF ELECTORS DISCONNECTION PETITION 20180500.4 Page 6 DISCONNECTION PETITION 20180500.4 EXHIBIT A LEGAL DESCRIPTIONS Page 7 PARCEL 1: -THE WEST 517.9 FEET (AS MEASURED ON THE SOUTH LINE THEREOF) OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE CENTER LINE OF DAVEY ROAD, (CENTER LINE OF DAVEY ROAD WAS CONSTRUCTED BY JOINING WITH A SHORT LINE, A POINT IN THE CENTER OF THE TRAVELED ROAD ON THE EAST LINE OF SAID 1/4 SECTION, AND A POINT IN THE CENTER OF THE TRAVELED ROAD ON THE WEST LINE OF THE EAST 1/2 OF SAID QUARTER SECTION), IN WILL COUNTY, ILLINOIS; ALSO THE NORTH 309.1 FEET OF THE WEST 517.9 FEET OF THE EAST 1/:2 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, (EXCEPT THEREFROM THE SOUTH 10 ACRES THEREOF), IN WILL COUNTY, ILLINOXS. EXCEPTING THE FOLLOWING PARCEL; PART OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN IN WILL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE SOUTH 01 DEGREES, 32 MINUTES, 28 SECONDS EAST ALONG THE EAST LINE OF SAXD SECTION, A DISTANCE OF 538.94 FEET TO THE CENTER OF THE TRAVELED WAY OF DAVEY ROAD; THENCE SOUTH 55 DEGREES, 42 MINUTES, 30 SECONDS WEST ALONG THE CENTER OF SAID TRAVELED WAY, A DISTANCE OF 1000.05 FEET; THENCE SOUTH 57 DEGREES, 16 MINUTES, 01 SECONDS WEST ALONG THE CENTER OF SAID TRAVELED WAY, A DISTANCE OF 440.44 FEET TO A POINT ON THE EAST LINE OF THE WEST 120.00 FEET OF THE EAST ONE-HALF OF THE SOUTHEAST 1/4 OF SAID SECTION 13, SAID POINT ALSO LYING ON THE WEST LINE OF PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 1089320, PER DOCUMENT R86- 55510, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES, 33 MINUTES, 09 SECONDS EAST ALONG SAID WEST PROPERTY LINE, A DISTANCE -0F 43.77 FEET TO A POINT ON A CURVE HAVING A RADIUS OF 1255.00 FEET, CONCAVE NORTHWESTERLY, AND A CHORD BEARING OF SOUTH 62 DEGREES, 17 MINUTES, 01 SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 133.77 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE -HALF OF THE SOUTHEAST 1/4 OF SAID SECTION 13, SAID POINT ALSO BEING A POINT ON THE EAST LINE OF PROPERTY CONVEYED TO ANN DRALLE PER DOCUMENT R81- 21892; THENCE NORTH 01 DEGREES, 33 MINUTES, 09 SECONDS WEST ALONG SAID EAST PROPERTY LINE, A DISTANCE OF 30.10 FEET TO THE CENTER OF SAID TRAVELED WAY; THENCE NORTH 57 DEGREES, 16 MINUTES, 01 SECONDS EAST ALONG THE CENTER OF SAID TRAVELED WAY, A DISTANCE OF 140.26 FEET TO THE POINT OF BEGINNING. EXCEPTING ALSO THE FOLLOWING PARCEL: PART OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN IN WILL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 13; THENCE SOUTH 01 DEGREES, 32 MINUTES, 28 SECONDS EAST ALONG THE EAST LINE OF SAID SECTION 13, A DISTANCE OF 538.94 FEET TO THE CENTER OF THE TRAVELED WAY OF DAVEY ROAD; THENCE SOUTH 55 DEGREES, 42 MINUTES, 30 SECONDS WEST ALONG THE CENTER OF SAID TRAVELED WAY, A DISTANCE OF 974.98 FEET TO A POINT ON THE WEST LINE OF PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 1089122, PER DOCUMENT R86- 55509, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES, 33 MINUTES, 09 SECONDS EAST ALONG SAID WEST PROPERTY LINE, A DISTANCE OF 23.23 FEET; THENCE SOUTH 54 DEGREES, 34 MINUTES, 27 SECONDS WEST, A DISTANCE OF 374_58 FEET TO A POINT ON A CURVE HAVING A RADIUS OF 1255.00 FEET, CONCAVE NORTHWESTERLY, AND A CHORD BEARING OF SOUTH 56 DEGREES, 54 MINUTES, 08 SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 101.98 FEET TO A POINT ON THE EAST LINE OF PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 1093573, PER DOCUMENT R91- 11524; THENCE NORTH 01 DEGREES, 33 MINUTES, 09 SECONDS WEST ALONG SAID EAST PROPERTY LINE, A DISTANCE OF 43.77 FEET TO THE CENTER OF SAID TRAVELED WAY; THENCE NORTH 57 DEGREES, 16 MINUTES, 01 SECONDS EAST ALONG THE CENTER OF TRAVELED WAY, A DISTANCE OF 440.44 FEET; THENCE NORTH 55 DEGREES, 42 MINUTES, 30 SECONDS EAST ALONG THE CENTER OF TRAVELED WAY, A DISTANCE OF 25.07 FEET OT THE POINT OF BEGINNING. PARCEL 2: THE SOUTH 10 ACRES OF THE FOLLOWING DESCRIBED PROPERTY, TAKEN AS A TRACT; THE WEST 517.9 FEET (AS MEASURED ON THE SOUTH LINE THEREOF) OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH: OF THE CENTER LINE OF DAVEY ROAD (CENTER LINE OF DAVEY ROAD WAS CONSTRUCTED BY JOINING WITH A SHORT LINE, A POINT IN THE CENTER OF THE TRAVELED ROAD ON THE EAST LINE OF SAID QUARTER SECTION, AND A POINT IN THE CENTER OF THE TRAVELED ROAD ON THE EAST LINE OF SAID QUARTER SECTION, AND A POINT IN THE CENTER OF THE TRAVELED ROAD ON THE WEST LINE OF THE EAST 1/2 OF SAID QUARTER SECTION, IN WILL COUNTY, ILLINOIS, ALSO THE NORTH 309.1 FEET OF THE WEST 517.9 FEET OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE.10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS. EXCEPTING THEREFROM THE NORTH 309.1 FEET OF THE WEST 517.9 FEET OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL NIDIAN, IN WILL COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM THE NORTH 177.00 FEET OF THE SOUTH 202.00 FEET OF THE WEST 240.00 FEET OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS. PARCEL 3: THE NORTH ].77.00 FEET OF THE SOUTH 202.00 FEET OF THE WEST 240.00 FEET OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS. PARCEL 4: THE NORTH 309.1 FEET OF THE WEST 517.9 FEET OF THE EAST 1/2 OF me NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS. PARCEL 5: THE EAST 4415.10 FEET (AS MEASURED ON THE SOUTH LINE THEREOF) OF THE WEST 963.00 FEET (AS MEASURED ON THE SOUTH LINE THEREOF) OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE CENTER LINE OF DAVEY ROAD (CENTER LINE OF DAVEY ROAD WAS CONSTRUCTED BY JOINING WITH A SHORT LINE, A POINT IN THE CENTER OF THE TRAVELED ROAD ON THE EAST LINE OF SAID QUARTER SECTION, AND A POINT IN THE CENTER OF THE TRAVELED ROAD ON THE WEST LINE OF THE EAST 1/2 OF SAID QUARTER SECTION), IN WILL COUNTY, ILLINOIS. EXCEPTING THE FOLLOWING PARCEL: PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, WILL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 13; THENCE ON AN ASSUMED BEARING OF SOUTH 86 DEGREES, 50 MINUTES, 50 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 375.02 FEET TO A POINT ON -THE EAST LINE OF THE WEST 963.00 FEET OF THE EAST 1/2 OF SAID SOUTHEAST 1/4, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUING ALONG SAID SE LINE HAVING A BEARING OF SOUTH 86 DEGREES, 50 MINUTES, 50 SECONDS WEST, A DIS4.izi�;g OF 189.30 FEET; THENCE NORTH 05 DEGREES, 52 MINUTES, 35 SECONDS EAST, A DIST'' E OF 326.83 FEET; THENCE NORTH 06 DEGREES, 04 MINUTES, 06 SECONDS EAST, A DISTANCE OF 188.66 FEET; THENCE N 08 DEGREES, 12 MINUTES, 22 SECONDS EAST, A DISTANCE OF 129.88 FEET; THENCE NORTH 08 DEGREES, 54 MINUTES, 13 SECONDS EAST, A DISTANCE OF 352.85 FEET; THENCE NORTH 08 DEGREES, 16 MINUTES, 22 SECONDS EAST; A DISTANCE OF 211.09 FEET TO A POINT ON THE.EAST LINE OF THE WEST 963.00 FEET OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE SOUTH 01 DEGREES, 32 MINUTES, 47 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 1188.78 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THE FOLLOWING PARCEL: PART OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE SOUTH 01 DEGREES, 32 MINUTES, 28 SECONDS, EAST ALONG THE EAST LINE OF SAID SECTION 13, A DISTANCE OF 538.94 FEET TO THE CENTER OF TRAVELED WAY OF DAVEY ROAD; THENCE SOUTH 55 DEGREES, 42 MINUTES, 30 SECONDS WEST ALONG THE CENTER OF SAID TRAVELED WAY, A DISTANCE OF 445.82 FEET TO A POINT ON THE WEST LINE OF PROPERTY CONVEYED TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION, PER DOCUMENT R79-31137, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES, 33 MINUTES, 09 SECONDS EAST ALONG SAID WEST LINE, A DISTANCE OF 10.62 FEET; THENCE SOUTH 54 DEGREES, 34 MINUTES, 27 SECONDS WEST, A DISTANCE OF 536.09 FEET TO A POINT ON THE EAST LINE OF PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 1089320, PER DOCUMENT NUMBER R86- 55510; THENCE NORTH 01 DEGREES, 33 MINUTES, 09 SECONDS WEST ALONG THE EAST LINE, A DISTANCE OF 23.23 FEET TO THE CENTER OF SAID TRAVELED WAY; THENCE NORTH 55 DEGREES, 42 MINUTES, 30 SECONDS EAST ALONG THE CENTER OF SAID TRAVELED WAY, A DISTNACE 0F529.16 FEET TO THE POINT OF BEGINNING. PARCEL 6: THE NORTH ;09.10 FEET OF THE EAST 445.10 FEET OF THE WEST 963.00 FEET OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS. EXCEPTING THE FOLLOWING PARCEL: PART OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, WILL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 24; THENCE ON AN ASSUMED BEARING OF SOUTH 86 DEGREES, 50 MINUTES, 50 SECONDS WEST ALONG THE NORTH LrINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4, A DISTANCE OF 374.63 FEET TO A POINT ON THE EAST LINE OF THE WEST 963.00 FEET OF THE EAST 1/2 OF SAID NORTHEAST 1/4, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE SOUTH 01 DEGREES, 31 MINUTES, 15 SECONDS EAST ALONG SAID EAST LINE, 309.23 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 309.10 FEET OF THE NORTHEAST 1/4 OF SECTION 24; THENCE SOUTH 86 DEGREES, 50 MINUTES, 50 SECONDS WEST ALONG SAID LINE, 230.00 FEET TO A POINT; THENCE NORTH 05 DEGREES, 52 MINUTES, 35 SECONDS EAST, A DISTANCE OF 312.98 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE NORTH 86 DEGREES, 50 FEET, 50 SECONDS EAST ALONG SAID NORTH LINE, J DISTANCE OF 189.69 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THE FOLLOWING PARCEL: THAT PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF 'rift: SAID NORTHEAST 1/4 OF SECTION 24; THENCE SOUTH 86 DEGREES, 51 MINUTES, 09 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST 1/4, A DISTANCE OF 375.08 (374.63) FEET TO THE EAST LINE OF THE WEST 963.00 FEET OF THE EAST 1/2 OF SAID NORTHEAST 1/4; THENCE SOUTH 86 DEGREES, 51 MINUTES, 09 SECONDS WEST CONTINUING ALONG SAID NORTH LINE, A DISTANCE OF 189.69 FEET; THENCE SOUTH 05 DEGREES, 53 MINUTES, 08 SECONDS WEST, A DISTANCE OF 202.35 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 05 DEGREES, 53 MINUTES, 08 SECONDS WEST, CONTINUING ALONG THE LAST DESCRIBED LINE EXTENDED, A DISTANCE OF 110.63 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 309.10 FEET OF SAID WEST 963.00 FEET OF THE EAST 1/2 OF THE NORTHEAST 1/4, BEING ALSO A POINT 230.00 FEET WEST OF THE SOUTHEAST CORNER OF THE SAID NORTH 309.10 FEET OF THE WEST 963.00 FEET; THENCE SOUTH 86 DEGREES, 51 MINUTES, 09 SECONDS, WEST ALONG THE SOUTH LINE OF THE NORTH 309.10 FEET, A DISTANCE OF 71.47 FEET; THENCE NORTH 35 DEGREES, 58 MINUTES, 04 SECONDS EAST, A DISTANCE OF 140.82 FEET TO SAID POINT OF BEGINNING. EXHIBIT B LAND TRUST BENEFICIARIES 82 % of the beneficial interest in Trust No. 1089320 is held by Robert E. Mars (whose address is 16937 Davey Road, Lemont, IL 60439) and 18% of the beneficial interest is held by Susan C. Mars (whose address is 16937 Davey Road, Lemont, IL 60439). 82 % of the beneficial interest in Trust No. 1089321 is held by Robert E. Mars (whose address is 16937 Davey Road, Lemont, IL 60439)and 18% of the beneficial interest is held by Susan C. Mars(whose address is 16937 Davey Road, Lemont, IL 60439). 82 % of the beneficial interest in Trust No. 1089322 is held by Robert E. Mars (whose address is 16937 Davey Road, Lemont, IL 60439) and 18% of the beneficial interest is held by Susan C. Mars (whose address is 16937 Davey Road, Lemont, IL 60439) 100 % of the beneficial interest in Trust No. 1089122 is held by Lemont Partners, a general partnership organized and existing under the laws of the State of Illinois, whose address is 16937 Davey Road, Lemont, IL 60439. 100% of the beneficial interest in Trust No. 1089323 is held by Robert E. Mars (whose address is 16937 Davey Road, Lemont, IL 60439). 100% of the beneficial interest in Trust No. 94 -6663 is held by Theodore E. Spiegel (whose address is 4010 Northeast 23rd Street, Lighthouse Point, FL 33064). DISCONNECTION PETITION 20180500.4 Page 9 EXHIBIT C LIST OF ELECTORS 1. Robert E. Mars, 16937 Davey Road, Lemont, IL 60439 2. Susan C. Mars, 16937 Davey Road, Lemont, IL 60439 DISCONNECTION PETITION 20180500.4 Page 10 PARCEL ;I: THE WEST 517.9 FEET (AS MEASURED ON THE SOUTH LINE THEREOF) OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE CENTER LINE OF DAVEY ROAD, (CENTER LINE OF DAVEY ROAD WAS CONSTRUCTED BY JOINING WITH A SHORT LINE, A POINT IN THE CENTER OF THE TRAVELED ROAD ON THE EAST LINE OF SAID 1/4 SECTION, AND A POINT IN THE CENTER OF THE TRAVELED ROAD ON THE WEST LINE OF THE EAST 1/2 OF SAID QUARTER SECTION), IN WILL COUNTY, ILLINOIS, ALSO THE NORTH 309.1 FEET OF THE WEST 517.9 FEET OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL, MERIDIAN, (EXCEPT THEREFROM THE SOUTH 10 ACRES THEREOF), IN WILL COUNTY, ILLINOIS. EXCEPTING THE FOLLOWING PARCEL: PART OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN IN WILL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE SOUTH 01 DEGREES, 32 MINUTES, 28 SECONDS EAST ALONG THE EAST LINE OF SAID SECTION, A DISTANCE OF 538.94 FEET TO THE CENTER OF THE TRAVELED WAY OF DAVEY ROAD; THENCE SOUTH 55 DEGREES, 42 MINUTES, 30 SECONDS WEST ALONG THE CENTER OF SAID TRAVELED WAY, A DISTANCE OF 1000.05 FEET; THENCE SOUTH 57 DEGREES, 16 MINUTES, 01 SECONDS WEST ALONG THE CENTER OF SAID TRAVELED WAY, A DISTANCE OF 440.44 FEET TO A POINT ON THE EAST LINE OF THE WEST 120.00 FEET OF THE EAST ONE -HALF OF THE SOUTHEAST 1/4 OF SAID SECTION 13, SAID POINT ALSO LYING ON THE WEST LINE OF PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 1089320, PER DOCUMENT R86- 55510, SAID POINT BEING THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES, 33 MINUTES, 09 SECONDS EAST ALONG SAID WEST PROPERTY LINE, A DISTANCE'OF 43.77 FRET TO A POINT ON A CURVE HAVING A RADIUS OF 1255.00 FEET, CONCAVE NORTHWESTERLY, AND A CHORD BEARING OF SOUTH 62 DEGREES, 17 MINUTES, 01 SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 133.77 FEET TO A POINT ON THE WEST LINE OF THE EAST ONE -HALF OF THE SOUTHEAST 1/4 OF SAID SECTION 13, SAID POINT ALSO BEING A POINT ON THE EAST LINE OF PROPERTY CONVEYED TO ANN DRALLE PER DOCUMENT RB1- 21892; THENCE NORTH 01 DEGREES, 33 MINUTES, 09 SECONDS WEST ALONG SAID EAST PROPERTY LINE, A DISTANCE OF 30.10 FEET TO THE CENTER OF SAID TRAVELED WAY; THENCE NORTH 57 DEGREES, 16 MINUTES, 01 SECONDS EAST ALONG THE CENTER OF SAID TRAVELED WAY, A DISTANCE OF 140.26 FEET TO THE POINT OF BEGINNING. EXCEPTING ALSO THE FOLLOWING PARCEL: PART OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN IN WILL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SECTION 13; THENCE SOUTH 01 DEGREES, 32 MINUTES, 2B SECONDS EAST ALONG THE EAST LINE OF SAID SECTION 13, A DISTANCE OF 538.94 FEET TO THE CENTER OF THE TRAVELED WAY OF DAVEY ROAD; THENCE SOUTH 55 DEGREES, 42 MINUTES, 30 SECONDS WEST ALONG THE CENTER OF SAID TRAVELED WAY, A DISTANCE OF 974.98 FEET TO A POINT ON THE WEST LINE OF PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 1089122, PER DOCUMENT R86- 55509, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES, 33 MINUTES, 09 SECONDS EAST ALONG SAID WEST PROPERTY LINE, A DISTANCE OF 23.23 FEET; THENCE SOUTH 54 DEGREES, 34 MINUTES, 27 SECONDS WEST, A DISTANCE OF 374.58 FEET TO A POINT ON A CURS HAVING A RADIUS OF 1255.00 FEET, • CONCAVE NORTHWESTERLY, AND A CHORD BEARING OF SOUTH 56 DEGREES, 54 MINUTES, 08 SECONDS WEST; THENCE SOUTHWESTERLY ALONG SAID CURVE, A DISTANCE OF 101.98 FEET TO A POINT ON THE EAST LINE OF PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 1093573, PER DOCUMENT R91- 11524; THENCE NORTH 01 DEGREES, 33 MINUTES, 09 SECONDS WEST ALONG SAID EAST PROPERTY LINE, A DISTANCE OF 43.77 FEET TO THE CENTER OF SAID TRAVELED WAY; THENCE NORTH 57 DEGREES, 16 MINUTES, 01 SECONDS EAST ALONG THE CENTER OF TRAVELED WAY, A DISTANCE OF 440.44 FEET; THENCE NORTH 55 DEGREES, 42 MINUTES, 30 SECONDS EAST ALONG THE CENTER OF TRAVELED WAY, A DISTANCE OF 25.07 FEET OT THE POINT OF BEGINNING. PARCEL 2: THE SOUTH 10 ACRES OF THE FOLLOWING DESCRIBED PROPERTY, TAKEN AS A TRACT; THE WEST 517.9 FEET (AS MEASURED ON THE SOUTH LINE THEREOF) OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH: OF THE CENTER LINE OF DAVEY ROAD (CENTER LINE OF DAVEY ROAD WAS CONSTRUCTED BY JOINING WITH A SHORT LINE, A POINT IN THE CENTER OF THE TRAVELED ROAD ON THE EAST LINE OF SAID QUARTER SECTION, AND A POINT IN THE CENTER OF THE TRAVELED ROAD ON THE EAST LINE OF SAID QUARTER SECTION, AND A POINT IN THE CENTER OF THE TRAVELED ROAD ON THE WEST LINE OF THE EAST 1/2 OF SAID QUARTER SECTION, IN WILL COUNTY, ILLINOIS, ALSO THE NORTH 309.1 FEET OP THE WEST 517.9 FEET OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS. EXCEPTING THEREFROM THE NORTH 309.1 FEET OF THE WEST 517.9 FEET OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL NIDIAN, IN WILL COUNTY, ILLINOIS. ALSO EXCEPTING THEREFROM THE NORTH 177.00 FEET OF THE SOUTH 202.00 FEET QF THE WEST 240.00 FEET OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS. PARCEL 3: THE NORTH 177.00 FEET OF THE SOUTH 202.00 FEET OF THE WEST 240.00 FEET OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS. PARCEL 4: THE NORTH 309.1 FEET OF THE WEST 517.9 FEET OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS. PARCEL 5: THE EAST 44.5.10 FEET (AS MEASURED ON THE SOUTH LINE THEREOF) OF THE WEST 963.00 FEET (AS MEASURED ON THE SOUTH LINE THEREOF) OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, LYING SOUTH OF THE CENTER LINE OF DAVEY ROAD (CENTER LINE OF DAVEY ROAD WAS CONSTRUCTED BY JOINING WITH A SHORT LINE, A POINT IN THE CENTER OF THE TRAVELED ROAD ON THE EAST LINE OF SAID QUARTER SECTION, AND A POINT IN THE CENTER OF THE TRAVELED ROAD ON THE WEST LINE OF THE EAST 1/2 OF SAID QUARTER SECTION), IN WILL COUNTY, ILLINOIS. EXCEPTING THE FOLLOWING PARCEL: PART OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10, EAST OF THE THIRD PRINCIPAL MERIDIAN, WILL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS, TO WIT: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 13; THENCE ON AN ASSUMED BEARING OF SOUTH 86 DEGREES, 50 MINUTES, 50 SECONDS WEST ALONG THE SOUTH LINE OF SAID SOUTHEAST 1/4 OF THE SOUTHEAST 1/4, A DISTANCE OF 375.02 FEET TO A POINT ON THE EAST LINE OF THE WEST 963.00 FEET OF THE EAST 1/2 OF SAID SOUTHEAST 1/4, SAID POINT BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE CONTINUING ALONG SAID SE LINE HAVING A BEARING OF SOUTH 86 DEGREES, 50 MINUTES, 50 SECONDS WEST, A DIS' OF 189.30 FEET; THENCE NORTH 05 DEGREES, 52 MINUTES, 35 SECONDS EAST, A DIST•` E OF 326.83 FEET; THENCE NORTH 06 DEGREES, 04 MINUTES, 06 SECONDS EAST, A DISTANCE OF 188.66 FEET; THENCE N 08 DEGREES, 12 MINUTES, 22 SECONDS EAST, A DISTANCE OF 129.88 FEET; THENCE NORTH 08 DEGREES, 54 MINUTES, 13 SECONDS EAST, A DISTANCE OF 352.85 FEET; THENCE NORTH 08 DEGREES, 16 MINUTES, 22 SECONDS EAST; A DISTANCE OF 211.09 FEET TO A POINT ON THE EAST LINE OF THE WEST 963.00 FEET OF THE EAST 1/2 OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE SOUTH 01 DEGREES, 32 !IINUTES, 47 SECONDS EAST, ALONG SAID LINE, A DISTANCE OF 1188.78 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THE FOLLOWING PARCEL: PART OF THE SOUTHEAST 1/4 OF SECTION 13, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, FURTHER DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SOUTHEAST 1/4 OF SAID SECTION 13; THENCE SOUTH 01 DEGREES, 32 MINUTES, 28 SECONDS, EAST ALONG THE EAST LINE OF SAID SECTION 13, A DISTANCE OF 538.94 FEET TO THE CENTER OF TRAVELED WAY OF DAVEY ROAD; THENCE SOUTH 55 DEGREES, 42 MINUTES, 30 SECONDS WEST ALONG THE CENTER OF SAID TRAVELED WAY, A DISTANCE OF 445.82 FEET TO A POINT ON THE WEST LINE OF PROPERTY CONVEYED TO THE ILLINOIS DEPARTMENT OF TRANSPORTATION, PER DOCUMENT R79- 31137, SAID POINT ALSO BEING THE POINT OF BEGINNING; THENCE SOUTH 01 DEGREES, 33 MINUTES, 09 SECONDS EAST ALONG SAID WEST DINE, A DISTANCE OF 10.62 FEET; THENCE SOUTH 54 DEGREES, 34 MINUTES, 27 SECONDS WEST, A DISTANCE OF 536.09 FEET TO A POINT ON THE EAST LINE OF PROPERTY CONVEYED TO CHICAGO TITLE AND TRUST COMPANY, AS TRUSTEE UNDER TRUST NUMBER 1089320, PER DOCUMENT NUMBER R86- 55510; THENCE NORTH 01 DEGREES, 33 MINUTES, 09 SECONDS WEST ALONG THE EAST LINE, A DISTANCE OF 23.23 FEET TO THE CENTER OF SAID TRAVELED WAY; THENCE NORTH 55 DEGREES, 42 MINUTES, 30 SECONDS EAST ALONG THE CENTER OF SAID TRAVELED WAY, A DISTNACE 01'.529.16 FEET TO THE POINT OF BEGINNING. PARCEL 6: THE NORTH 309.10 FEET OF THE EAST 445.10 FEET OF THE WEST 963.00 FEET OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS. EXCEPTING THE FOLLOWING PARCEL: PART OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, WILL COUNTY, ILLINOIS, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 24; THENCE ON AN ASSUMED BEARING OF SOUTH 86 DEGREES, 50 MINUTES, 50 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST 1/4 OF THE NORTHEAST 1/4, A DISTANCE OF 374.63 FEET TO A POINT ON THE EAST LINE OF THE WEST 963.00 FEET OF THE EAST 1/2 OF SAID NORTHEAST 1/4, SAID POINT ALSO BEING THE POINT OF BEGINNING OF THE HEREINAFTER DESCRIBED PARCEL OF LAND; THENCE SOUTH 01 DEGREES, 31 MINUTES, 15 SECONDS EAST ALONG SAID EAST LINE, 309.23 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 309.10 FEET OF THE NORTHEAST 1/4 OF SECTION 24; THENCE SOUTH 86 DEGREES, 50 MINUTES, 50 SECONDS WEST ALONG SAID LINE, 230.00 FEET TO A POINT; THENCE NORTH 05 DEGREES, 52 MINUTES, 35 SECONDS EAST, A DISTANCE OF 312.98 FEET TO A POINT ON THE NORTH LINE OF THE NORTHEAST 1/4 OF THE NORTHEAST 1/4 OF SAID SECTION 24; THENCE NORTH 86 DEGREES, 50 FRRT, 50 SECONDS EAST ALONG SAID NORTH LINE, A DISTANCE OF 189.69 FEET TO THE POINT OF BEGINNING. ALSO EXCEPTING THE FOLLOWING PARCEL: THAT PART OF THE EAST 1/2 OF THE NORTHEAST 1/4 OF SECTION 24, TOWNSHIP 37 NORTH, RANGE 10 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN WILL COUNTY, ILLINOIS, MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF THE SAID NORTHEAST 1/4 OF SECTION 24; THENCE SOUTH 86 DEGREES, 51 MINUTES, 09 SECONDS WEST ALONG THE NORTH LINE OF SAID NORTHEAST 1/4, A DISTANCE OF 375.08 (374.63) FEET TO THE EAST LINE OF THE WEST 963.00 FEET OF THE EAST 1/2 OF SAID NORTHEAST 1/4; THENCE SOUTH 86 DEGREES, 51 MINUTES, 09 SECONDS WEST CONTINUING ALONG SAID NORTH LINE, A DISTANCE OF 189.69 FEET; THENCE SOUTH 05 DEGREES, 53 MINUTES, 08 SECONDS WEST, A DISTANCE OF 202.35 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 05 DEGREES, 53 MINUTES, 08 SECONDS WEST, CONTINUING ALONG THE LAST DESCRIBED LINE EXTENDED, A DISTANCE OF 110.63 FEET TO A POINT ON THE SOUTH LINE OF THE NORTH 309.10 FEET OF SAID WEST 963.00 FEET OP THE EAST 1/2 OF THE NORTHEAST 1/4, BEING ALSO A POINT 230.00 FEET WEST OF THE SOUTHEAST CORNER OF THE SAID NORTH 309.10 FEET OF THE WEST 963.00 FEET; THENCE SOUTH B6 DEGREES, 51 MINUTES, 09 SECONDS, WEST ALONG THE SOUTH LINE OF THE NORTH 309.10 FEET, A DISTANCE OF 71.47 FEET; THENCE NORTH 35 DEGREES, 58 MINUTES, 04 SECONDS EAST, A DISTANCE OF 140.82 FEET TO SAID POINT OF BEGINNING. EXHIBIT B LAND TRUST BENEFICIARIES 82 % of the beneficial interest in Trust No. 1089320 is held by Robert E. Mars (whose address is 16937 Davey Road, Lemont, IL 60439) and 18% of the beneficial interest is held by Susan C. Mars (whose address is 16937 Davey Road, Lemont, IL 60439). 82 % of the beneficial interest in Trust No. 1089321 is held by Robert E. Mars (whose address is 16937 Davey Road, Lemont, IL 60439)and 18% of the beneficial interest is held by Susan C. Mars(whose address is 16937 Davey Road, Lemont, IL 60439). 82 % of the beneficial interest in Trust No. 1089322 is held by Robert E. Mars (whose address is 16937 Davey Road, Lemont, IL 60439) and 18% of the beneficial interest is held by Susan C. Mars (whose address is 16937 Davey Road, Lemont, IL 60439) 100 % of the beneficial interest in Trust No. 1089122 is held by Lemont Partners, a general partnership organized and existing under the laws of the State of Illinois, whose address is 16937 Davey Road, Lemont, IL 60439. 100% of the beneficial interest in Trust No. 1089323 is held by Robert E. Mars (whose address is 16937 Davey Road, Lemont, IL 60439). 100% of the beneficial interest in Trust No. 94 -6663 is held by Theodore E. Spiegel (whose address is 4010 Northeast 23rd Street, Lighthouse Point, FL 33064). DISCONNECTION PETITION 20180500.4 Page 9 EXHIBIT C LIST OF ELECTORS 1. Robert E. Mars, 16937 Davey Road, Lemont, IL 60439 2. Susan C. Mars, 16937 Davey Road, Lemont, IL 60439 DISCONNECTION PETITION 20180500.4 Page 10 LEMONT State of Illinois Cook, Will and DuPage Counties VILLAGE OF LEMONT TO ALL WHOM THESE PRESENTS SHALL COME, GREETINGS: This is to certify that I, Charlene Smollen, am the duly elected, qualified and acting Clerk of the Village of Lemont, Cook, Will and DuPage Counties, Illinois; that I am the keeper of the files, records, and seal of said Village; that the following is a true, perfect and correct copy of: Ordinance 0- 104 -04 Ordinance Disconnecting Mars Property as it appears from the files in my office now remaining. I further state that this certification is issued under my hand and seal of the Village of Lemont as provided for in 65 ILCS 5/1 -2 -5 and 5/1 -2 -6. In Witness Whereof, I have hereunto set my hand and caused to be affixed the Corporate Seal of the Village of Lemont, Cook, Will and DuPage Counties, Illinois, Dated at Lemont, Illinois this 14th day of December , 2004 CHARLENE SMOLLEN, Village Clerk Return to: Village Clerk Village of Lemont 418 Main Street Lemont, IL 60439 -3788 1 This document prepared by and after recording should be sent to: Danielle Meltzer Cassel, Esq. DLA Piper Rudnick Gray Cary US LLP 203 North LaSalle Street Suite 1900 Chicago, Illinois 60601 LAURIE MCPNILLIPS 16P R 2006006336 Will County Recorder Page 1 of 16 LEH Date 01/10/2006 Time 14:45:56 Recording Fees: 30.00 IL Rental Hsng Support Prog: 0.00 This space reserved for Recorder's use only TERMINATION AND RELEASE OF 1992 ANNEXATION AGREEMENT This Termination and Release of 1992 Annexation Agreement is made and entered into this 9th day of January, 2006, by and among the undersigned parties. RECITALS WHEREAS, the undersigned parties or their predecessors in interest entered into that certain Annexation Agreement recorded by the Will County Recorder as Document Number R92 -58515 (the "1992 Annexation Agreement"), which 1992 Annexation Agreement concerns the property depicted and legally described in Exhibit A hereto, excluding, however, the lands depicted and referred to therein as "Tollway Parcel 1" (the "Property ") ; and WHEREAS, the undersigned parties include all of the owners of record of that portion of the Property described on Exhibit A as the "Development Parcel;" and, further, said persons filed a valid petition for disconnection with the Village of Lemont, an Illinois municipal corporation ( "Lemont") and a valid petition for annexation with the Village of Woodridge, an Illinois municipal corporation ( "Woodridge ") to cause said Development Parcel to be disconnected from Lemont and annexed into Woodridge; and WHEREAS, those certain portions of the Property described in Exhibit A as "Tollway Parcel 2" and "Tollway Parcel 3 "( also known as State of Illinois Department of Transportation Parcels 1X40112 and Parcel 1X40113) were sold and transferred to the Illinois Department of Transportation ( "IDOT ") on October 1, 1993 and are currently owned by IDOT; and WHEREAS, that certain portion of the Property described in Exhibit A as "Exception Parcel 6" (also known as Illinois State Toll Highway Authority Parcel NS- 701 -043) was sold and transferred to the Illinois Toll Highway Authority ( "Tollway ") on February 23, 1996 and is currently owned by Tollway; and 4008418.4 1 WHEREAS, Lemont and Woodridge, pursuant, inter alia, to 65 ILCS 5/7 -1 -24 with respect to said Development Parcel and pursuant to 65 ILCS 5/7 -1 -25 with respect to said Tollway Parcel 2, Tollway Parcel 3 and Exception Parcel 6, have each adopted various ordinances and resolutions and executed various agreements intended to cause the entire Property to be disconnected from Lemont and annexed into Woodridge (including, without limitation, Lemont Ordinance 0- 104 -04 as amended by Lemont Ordinance 0- 85 -05, Woodridge Ordinances 2005 -58 and 2005 -60, and Lemont and Woodridge resolutions authorizing the execution of a Boundary Agreement for the purposes, inter alia, of said disconnection and annexation); and WHEREAS, Lemont and each of the other undersigned Parties desire the termination and release of the 1992 Annexation Agreement only with respect to those portions of the Property now or hereafter owned or controlled by the undersigned Parties; and, if the undersigned Parties (or their predecessors or successors in interest with respect to the Property) include the owners of the Property in its entirety, Lemont and each of the other undersigned Parties desire the termination and release of the 1992 Annexation Agreement in its entirety and each provision thereof. AGREEMENT NOW THEREFORE, for and in consideration of the foregoing Recitals, which are made a part hereof, the mutual promises, covenants and conditions contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the undersigned Parties unanimously consent and agree to the following: (1) From and after the recordation of this instrument with the Recorder of Deeds, Will County: (a) the 1992 Annexation Agreement and each provision thereof shall be terminated and released, but only with respect to those portions of the Property now or hereafter owned or controlled by the undersigned persons and entities; and (b) in the event any one or more of the undersigned parties now or hereafter constitute(s) the owners of the Property in its entirety, the 1992 Annexation Agreement and each provision thereof shall be terminated and released in its and their entirety. (2) This instrument may be executed in any number of identical counterparts, any or all of which may contain the signatures of less than all of the parties, and all of which shall be construed together as but a single instrument. IN WITNESS WHEREOF, the undersigned parties have executed this Termination and Release of 1992 Annexation Agreement as of the date first written above. [SIGNATURE AND NOTARY PAGES FOLLOWS] 4008418.4 2 IN WITNESS WHEREOF, the Parties have executed this Termination and Release of 1992 Annexation Agreement as of the date first written above. Chicago Title Land Trust Company, Successor Trust personally, but solely as Trustee under Trust Agreem No. 1089320 By: Its: cc� ASST. VICE PRESIDENT Chicago Title Land Trust Company, Successor Trustee personally, but solely as Trustee under Trust Agreement No. 1089321 By: �% . wag° to SEAL 'IGO, Ili--\ to T o ugus a Ci ORPORATE SEAL CA- Its: ASST. ICE PRESIDENT d Trust Company, not 6 and known as Trust d Trust Company, not 6 and known as Trust Chicago Title Land Trust Company, Successor Trustee to C personally, but solely as Trustee under Trust Agreement da, No. 1089322 By: Its: ASST. NIECE PRESIDENT cD ust 3, CORPORATE SEAL Trust Company, not d known as Trust Go W'' Chicago Title Land Trust Company, Successor Trustee to personally, but solely as Trustee under Trust Agreemen t Trust No. 1089122 By: Its: ASS VICE PRESIDENT eptem ► 'tl�1 CORPORATE SEAL Trust Company, not 1986 and known as c' C4GO, �` Chicago Title Land Trust Company, Successor Trustee to personally, but solely as Trustee under Trust Agreement Trust No. 1089323 By: Its: ASST. VICE PRESIDENT and Trust Company, not 6, 1986 and known as CORPORATE \ SEAL cAGO, STATE OF ILLINOIS SS COUNTY OF COOK I, the undersigned, a NOTARY PUBLIC in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that LIDIA MARINCA , personally known to me to be the same person whose name is subscribed to the foregoing instrument as ASST.. VICE PRESIDENT of Chicago Title Land Trust Company, appeared before me this day in person, and acknowledged that s he signed and delivered the said instrument as h e ✓ own free and voluntary act, and as the free and voluntary act of said ASST. VICE PRESIQI€N1rthe uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this o27 day of "OFFICIAL SEA: CAROLYN PAMPENELLA NOTARY PUBLIC STATE OF ILLINOIS M Commission Exi res 10/21/2007 Commission Expires Midwest Bank & Trust Company, not personally but solely as Trustee under Trust Agreement dated April 27, 1994 and known as Trust No. 94 -6663, 501 West North Avenue, Melrose Park, IL 60160 By: Its: Land Trost Officer STATE OF ILLINOIS SS COUNTY OF COOK SEE EXCULPATORY RIDER ATTACHED TO AND MADE PART HEREOF. I, the undersigned, a NOTARY PUBLIC in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that . Lave Q Thorpe , personally known to me to be the same person whose name is subscribed to the foregoing instrument as Land Trust Officer of Midwest Bank & Trust Company, appeared before me this day in person, and acknowledged that y he signed and delivered the said instrument as h er own free and voluntary act, and as the free and voluntary act of said , for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this "'day of Commission Expires Notary Public "OFFICIAL SEAL" Rosanne DuPass Notary Public, State of Illinois My Commission Expires Nov. 04.2006 EXCULPATORY RIDER Midwest Bank and Trust Company, as Trustee executes this Termination And Release of 1992 Annexation Agreement under the provisions of Trust Agreement dated April 27, 1994, and known as Trust Number 94 -6663, not personally but solely as Trustee aforesaid in the exercise of the power and authority conferred upon and vested in it as such Trustee. This instrument is executed and delivered by the Trust solely in the exercise of the powers expressly conferred upon the Trustee under the Trust and upon written direction of the beneficiaries and/or holders of the power of direction of said Trust and Midwest Bank and Trust warranties that is possesses full power and authority to execute this instrument. It is expressly understood and agreed by and between the parties hereto, anything herein to the contrary notwithstanding, that each and all of the representation, warranties covenants, undertakings and agreements herein; made on the part of the trustee while in form purporting to be the said representation, warranties, covenants, undertakings and agreements of said Trustee are each and every one of them not made with the intention of binding Midwest Bank and Trust Company in its individual capacity, but are made and intended solely for the purpose of binding only the Trust property specifically described herein. No personal liability or personal responsibility is assumed by nor shall at any time be asserted or enforceable against Midwest Bank and Trust Company on account of any representations, warranties, covenants, undertakings and agreements contained in the instrument (including but not limited to any indebtedness accruing plus interest hereunder) either express or implied or arising in any way out of the transaction in connection with this instrument is executed, all such personal liability or responsibility, if any, being expressly waived and releases, and any liability hereunder being specifically limited to the Trust Assets, if any, securing this instrument. Any provision of this instrument referring to a right of any person to be indemnified or held harmless, or reimbursed by the Trustee for any costs, claims, losses, fines, penalties, damages, costs of any nature, in connection with the execution of this instrument, shall be construed as only a right of redemption out of the assets of the Trust. Notwithstanding anything in this instrument contained, in the event of any conflict between the body of this exoneration and the body of this instrument, the provisions of this paragraph shall control. Trustee being fully exempted; nothing herein contained shall limit the right of any party to enforce the personal liability of any other party to this instrument. Robert E. Mars, Developer STATE OF ILLINOIS SS COUNTY OF COOK I, the undersigned, a NOTARY PUBLIC in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that Robert E. Mars, personally known to me to be the same person whose name is subscribed to the foregoing instrument, appeared before me this day in person, and acknowledged that he signed and delivered the said instrument as his own free and voluntary act, and as the free and voluntary act of said QeI,rf C Mars, for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this 234 day of {-044.4extr , 2004. Commission Expires 1 "OFFICIAL SEAL" JASON S. ORNDUFF COMMISSION EXPIRES 01/27/07 anevIL Notary Public SIGNATURE AND NOTARY PAGE To TERMINATION AND RELEASE OF 1992 ANNEXATION AGREEMENT Village of Lemont, an Illinois municipal corporation By: Name: G 7: G l`kt kt 615 Its: U)l STATE OF ILLINOIS ) SS COUNTY OF COOK ) I, the undersigne , a NOTARY PUBLIC in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that , \AcA vv�S , personally known to me tio be the same person whose name is subscr to the foregoing instrument as Aavwt r\:(S -rc k 0 I of the Village of Lemont, appeared before me this day in person, and acknowledged that he signed and delivered the said instrument as h l S own free and voluntary act, and as the free and voluntary act of said k/',1,1ac , for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this 3 day of Notary Public Commission Expires �' C5- O GL OFFICIAL SEAL RO8EMAY YATES NOTARY PUBLIC, STATE OF ILLINOIS MY COMMISSION EXPIRES 8.13 -2008 4008418.4 clAikumx 200 Oiss 1 SIGNATURE AND NOTARY PAGE To TERMINATION AND RELEASE OF 1992 ANNEXATION AGREEMENT CURRENT OWNER OF TOLLWAY PARCEL 2 AND TOLLWAY PARCEL 3: Illinois Department of Transportation ( "IDOT "), with the express limitation that IDOT was neither a party to nor a signatory of the "1992 Annexation Agreement ", that IDOT has since become the current and only owner of the adjacent properties known as TOLLWAY PARCEL 2 and TOLLWAY PARCEL 3, that IDOT shall neither be a party to nor a signatory of the subsequent annexation agreement to the Village of Woodridge, and that, therefore, IDOT is executing this "Termination and Release of 1992 Annexation Agreement" as an adjacent property owner. By executing this "Termination and Release of 1992 Annexation Agreement" neither the State of Illinois nor IDOT either binds or subjects itself to any municipal authority, ordinance or requirements, the State of Illinois being a sovereign entity. Illinois Department of Transportation By: 6 Name: Th / /14.4./ <m::: ` a,/.7' 6-1ti , STATE OF ILLINOIS ) SS COUNTY OF COOK ) I, the undersigned, a NOTARY PU J.I in . •.. for said County, in the State aforesaid, DO HEREBY CERTIFY, that ,► & ► ok' ten! personal known to me to be the same person whose name is subscribed to the foregoing instrument as y �"�' �'' n_wrof the Illinois Department of Transportation, appeared before me this day in person, and acknowledged that S he signed and delivered the said instrument as h-e.r own free and voluntary act, and as the free and voluntary act of said s? for the uses and purposes therein set forth. GIVEN under my hand and Notarial Seal this VII day of January, 2006. Notary Public Commission Expires 4008418.4 Official Seel F Georg. Khoury Notary Public State of Illinois My Commission Expires 04101/07 SIGNATURE AND NOTARY PAGE To TERMINATION AND RELEASE OF 1992 ANNEXATION AGREEMENT OWNER OF EXCEPTION PARCEL 6: Illinois Toll Highway Authority By: Name: G NC3 v S AN Its: pi, cs*' Oi c.ci,. Fat. 7"..qc =r4 :14t4-\ STATE OF ILLINOIS ) SS COUNTY OF COOK ) I, the undersigned, a NOTARY PUBLIC in and for said County, in the State aforesaid, DO HEREBY CERTIFY, that C/26"-- /3Uy_)/ , personally known to me to be the same person whose name is subscribed to the foregoing instrument as �e� of the Illinois Toll Highway Authority, appeared before me this day in person, and acknowledged that _he signed and delivered the said instrument as hca_, own free and voluntary act, and as the free and for the uses and purposes therein set forth. voluntary act of said GIVEN under my hand and Notarial Seal this day of 200. otar • .lic Commission Expires OFFICIAL SEAL 1 SANDRA D AGUILAR Notary Public - State otiiinals My GgnmiSsion Expires Jcn -27, 2005 CoMMo, ADDRESSES 14131—tjl item r4AnoAALE :ZciAi ) A41) vAcAaT .AND 4008418.4 179,1s : oZ • 13 -yoo - 011 oZ- 2.11 • Zoo -02(0 o2 -13 - 4o0 -oL.3 oz -13 - '10o -0Lc 02- 13- yoo -02,4 Oa- 13 -'loo -037 02- 13 -'100 -038 02- -2N -Zoo -02I 0 2 - 1 3 - 9 0 0 -033 o2.- 2y- too -o33