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Sen. Ira I. Silverstein
Filed: 5/11/2004
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| AMENDMENT TO HOUSE BILL 837
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| AMENDMENT NO. ______. Amend House Bill 837 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Metropolitan Water Reclamation District |
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| Act is amended by changing Section 8c and by adding Section 295 |
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| as follows:
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| (70 ILCS 2605/8c) (from Ch. 42, par. 327c)
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| Sec. 8c. Every lease of property no longer or not |
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| immediately
required for corporate purposes of a sanitary |
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| district, from such
district to others for a term not to exceed |
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| 99 years, in accordance with
Section 8 of this Act, shall be |
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| negotiated, created and executed in the
following manner:
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| (1) Notice of such proposed leasing shall be published for |
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| 3
consecutive weeks in a newspaper of general circulation |
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| published in
such sanitary district, if any, and otherwise in |
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| the county containing
such district.
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| (2) Prior to receipt of bids for the lease under this |
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| Section, the
fair market value of every parcel of real property |
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| to be leased must be
determined by 2 professional appraisers |
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| who are members of the American
Institute of Real Estate |
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| Appraisers or a similar, equivalently
recognized professional |
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| organization. The sanitary district acting
through the general |
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| superintendent may select and engage an additional
appraiser |
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| for such determination of fair market value. Every appraisal
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| report must contain an affidavit certifying the absence of any |
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| collusion
involving the appraiser and relating to the lease of |
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| such property.
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| (3) Such lease must be awarded to the highest responsible |
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| bidder
(including established commercial or industrial |
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| concerns and financially
responsible individuals) upon free |
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| and open competitive bids, except
that no lease may be awarded |
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| unless the bid of such highest responsible
bidder provides for |
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| an annual rental payment to the sanitary district of
at least |
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| 6% of the fair market value determined under this Section.
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| (4) Prior to acceptance of the bid of the highest |
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| responsible bidder
and before execution of the lease the bidder |
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| shall submit to the board
of commissioners and general |
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| superintendent, for incorporation in the lease,
a detailed plan |
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| and description of improvements to be constructed upon
the |
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| leased property, the time within which the improvements will be
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| completed, and the intended uses of the leased property. If |
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| there is more
than one responsible bid, the board of |
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| commissioners may authorize and direct
the general |
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| superintendent to solicit from the 2 highest responsible |
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| bidders
written amendments to their prior bids, increasing |
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| their rental bid proposal
by at least 5% in excess of their |
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| prior written bid, or otherwise amending the
financial terms of |
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| their bid so as to maximize the financial return to the
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| sanitary district during the term of the proposed lease. Upon |
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| the general
superintendent's tentative agreement with one or |
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| more amended bids, the bids
may be submitted to the board of |
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| commissioners with the recommendation of the
general |
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| superintendent for acceptance of one or rejection of all. The
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| amendments may not result in a diminution of the terms of the |
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| transaction and
must result in an agreement that is equal to or |
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| greater in value than the
highest responsible bid initially |
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| received.
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| (5) The execution of such lease must be contemporaneous to |
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LRB093 05638 MKM 50746 a |
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| the
execution by the lessee, each member of the board of |
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| commissioners and the
general superintendent of an affidavit |
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| certifying the absence of any
collusion involving the lessee, |
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| the members and the general
superintendent and relating to such |
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| lease.
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| (6) No later than 30 days after the effective date of the |
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| lease, the
lessee must deliver to the sanitary district a |
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| certified statement of
the County Assessor, Township Assessor |
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| or the county clerk of the county
wherein the property is |
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| situated that such property is presently
contained in the |
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| official list of lands and lots to be assessed for
taxes for |
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| the several towns or taxing districts in his county.
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| (7) Such lease shall provide for a fixed annual rental |
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| payment for the
first year not less than 6% of the fair market |
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| value as determined under
this Section and may be subject to |
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| annual adjustments based on changes in
the Consumer Price Index |
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| published by the United States Department of
Labor, Bureau of |
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| Labor Statistics, or some other well known economic
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| governmental activity index. Any lease, the term of which will |
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| extend for
15 years or more, shall provide for a |
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| redetermination of the fair market
value (independent of |
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| improvements to the property subsequent to the
effective date |
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| of the lease) after the initial 10 years and every 10 years
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| thereafter, in the manner set forth in paragraph (2) of this |
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| Section, said
redetermination to be as of the first day of each |
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| succeeding 10 year period,
and annual rental payments shall be |
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| adjusted so that the ratio of annual
rental to fair market |
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| value shall be the same as that ratio for the first
year of the |
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| preceding 10 year period. The rental payment for the first
year |
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| of the new 10 year period may be subject to Consumer Price |
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| Index or
other allowable index adjustments for each of the next |
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| 9 years, or until
the end of the lease term if there are less |
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| than 9 years remaining.
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| (8) A sanitary district may require compensation to be paid |
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| in addition to
rent, based on a reasonable percentage of |
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| revenues derived from a lessee's
business operations on the |
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| leasehold premises or subleases, or may require
additional |
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| compensation from the lessee or any sublessee in the form of
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| services, including but not limited to solid waste disposal; |
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| provided,
however, that such additional compensation shall not |
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| be considered in
determining the highest responsible bid, said |
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| highest responsible bid to be
determined only on the initial |
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| annual rental payment as set forth in
paragraph (3) of this |
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| Section.
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| (9) No assignment of such lease or sublease of such |
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| property is
effective unless approved in writing by the general |
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| superintendent and
the board of commissioners of the sanitary |
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| district. No assignment or
sublease is effective if the |
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| assignee or sublessee is a trust
constituted by real property |
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| of which the trustee has title but no power
of management or |
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| control, unless the identity of the beneficiaries of
the trust |
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| is revealed, upon demand, to the general superintendent and
the |
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| board of commissioners of the sanitary district.
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| (10) Failure by the lessee to comply with a provision in |
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| the lease
relating to improvements upon the leased property or |
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| any other provision
constitutes grounds for forfeiture of the |
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| lease, and upon such failure
the sanitary district acting |
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| through the general superintendent shall
serve the lessee with |
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| a notice to terminate the lease and deliver
possession of the |
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| property to the sanitary district within a particular
period.
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| (11) If the general superintendent and the board of |
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| commissioners
conclude that it would be in the public interest, |
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| said sanitary district
may lease to the United States of |
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| America and the State of Illinois,
County of Cook, any |
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| municipal corporation, or any academic institution of higher
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| learning which has been in existence for 5 years prior to said |
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| lease,
provided that such lease limit the institution's use of |
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| the leased land
to only those purposes relating to the |
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| operation of such institution's
academic or physical |
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| educational programs without complying with the
prior |
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| provisions of this section, upon such terms as may be mutually
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| agreed upon, in accordance with an act concerning "Transfer of |
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| Real
Estate between Municipal Corporations", approved July 2, |
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| 1925, as
amended, with provisions that such property is to be |
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| applied exclusively
to public recreational purposes or other |
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| public purposes and that such
lease is terminable in accordance |
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| with service of a one-year notice to
terminate after |
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| determination by the board of commissioners and the general
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| superintendent that such property (or part thereof) has become |
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| essential
to the corporate purposes of the sanitary district.
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| (Source: P.A. 91-248, eff. 1-1-00; 92-16, eff. 6-28-01.)
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| (70 ILCS 2605/295 new) |
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| Sec. 295. District enlarged. Upon the effective date of |
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| this amendatory Act of the 93rd General Assembly, the corporate |
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| limits of the Metropolitan Water Reclamation District are |
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| extended to include within those limits the following described |
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| tracts of land and those tracts are annexed to the District. |
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| Parcel 1:
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| THE SOUTHEAST QUARTER OF SECTION 19, TOWNSHIP 35 NORTH, |
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| RANGE 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THAT |
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| PART TAKEN FOR ROAD PURPOSES IN RIDGELAND AVENUE AND EXCEPT |
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| THAT PART LYING IN THE MICHIGAN CENTRAL RAILROAD RIGHT OF |
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| WAY AND EXCEPT THE NORTH 208.71 FEET OF THE WEST 313.07 |
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| FEET OF THAT PART OF THE SOUTHEAST QUARTER OF SECTION 19 |
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| LYING SOUTH OF THE SOUTH RIGHT OF WAY OF U.S. ROUTE 30, ALL |
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| IN COOK COUNTY, ILLINOIS. |
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| Parcel 2: |
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| THE WEST 75 ACRES OF THE NORTHEAST QUARTER OF SECTION 15, |
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| TOWNSHIP 35 NORTH, RANGE 13, EAST OF THE THIRD PRINCIPAL |
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| MERIDIAN, IN COOK COUNTY, ILLINOIS.
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| Parcel 3: |
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| THE SOUTH 242.29 FEET (AS MEASURED ALONG THE EAST LINE) OF |
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| LOT 8 IN BLOCK 14 IN ARTHUR T. McINTOSH & COMPANY'S |
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| CRAWFORD COUNTRYSIDE UNIT NO. 2, BEING A SUBDIVISION OF THE |
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| SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, RANGE |
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| 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE |
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| PLAT THEREOF RECORDED JANUARY 23, 1952 AS DOCUMENT NO. |
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| 15259571, IN COOK COUNTY, ILLINOIS; ALSO, THAT PART OF |
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| ADJOINING STREET. |
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| Parcel 4:
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| HERBERT'S RESUBDIVISION OF LOT 9 IN BLOCK 14 IN ARTHUR T. |
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| McINTOSH & COMPANY'S CRAWFORD COUNTRYSIDE UNIT NO. 2, BEING |
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| A SUBDIVISION OF THE SOUTHEAST QUARTER OF SECTION 15, |
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| TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL |
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| MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO, THAT PART OF |
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| ADJOINING STREETS.
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| Parcel 5:
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| THE SOUTH 150 FEET (AS MEASURED ON THE EAST AND WEST LINES |
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| THEREOF) OF LOT 2 IN BLOCK 13 IN ARTHUR T. McINTOSH & |
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| COMPANY'S
CRAWFORD COUNTRYSIDE UNIT 2, BEING A SUBDIVISION |
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| OF THE SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, |
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| RANGE 13, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING |
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| TO PLAT THEREOF RECORDED PER DOCUMENT NO. 15259571, IN COOK |
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| COUNTY, ILLINOIS; ALSO, THAT PART OF ADJOINING STREET.
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| Parcel 6:
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| THE EAST 100.0 FEET OF THE SOUTH 125.0 FEET OF LOT 4 IN |
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| BLOCK 13 IN ARTHUR T. McINTOSH AND COMPANY'S CRAWFORD |
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| COUNTRYSIDE UNIT NO. 2, BEING A SUBDIVISION OF THE |
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| SOUTHEAST QUARTER OF SECTION 15, TOWNSHIP 35 NORTH, RANGE |
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| 13 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, |
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| ILLINOIS; ALSO, THAT PART OF ADJOINING STREET.
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| Parcel 7:
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| THE WEST HALF OF THE SOUTH 125 FEET OF LOT 4, IN BLOCK 13, |
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| IN ARTHUR T. McINTOSH AND COMPANY'S CRAWFORD COUNTRYSIDE |
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| UNIT NO. 2, BEING A SUBDIVISION OF THE SOUTHEAST QUARTER OF |
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| SECTION 15, TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD |
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| PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO, THAT |
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| PART OF ADJOINING STREET.
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| Parcel 8:
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| THE SOUTH HALF OF LOT 5, IN BLOCK 13, IN ARTHUR T. McINTOSH |
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| AND COMPANY'S CRAWFORD COUNTRYSIDE UNIT NO. 2, BEING A |
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| SUBDIVISION OF THE SOUTHEAST QUARTER OF SECTION 15, |
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| TOWNSHIP 35 NORTH, RANGE 13 EAST OF THE THIRD PRINCIPAL |
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| MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO, THAT PART OF |
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| ADJOINING STREET.
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| Parcel 9:
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| LOT 15 (EXCEPT THE WEST 50.0 FEET THEREOF) IN BLOCK 12 IN |
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| ARTHUR T. McINTOSH AND COMPANY'S CRAWFORD COUNTRYSIDE UNIT |
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| NUMBER 2, BEING A SUBDIVISION OF THE SOUTHEAST QUARTER OF |
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| SECTION 15, TOWNSHIP 35 NORTH, RANGE 13, EAST OF THE THIRD |
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| PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; ALSO, THAT |
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| PART OF ADJOINING STREET.
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| Parcel 10: |
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| THAT PART OF THE NORTHWEST QUARTER AND THE SOUTHWEST |
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| QUARTER OF SECTION TWENTY ONE, TOWNSHIP FORTY-ONE NORTH, |
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| RANGE NINE, EAST OF THE THIRD PRINCIPAL MERIDIAN, BOUNDED |
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| AND DESCRIBED AS FOLLOWS: COMMENCING AT THE CENTER OF |
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| SECTION TWENTY-ONE, AFORESAID; THENCE SOUTH 00 DEGREES 20 |
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| MINUTES 03 SECONDS WEST, BEING AN ASSUMED BEARING ON THE |
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| EAST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION |
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| TWENTY-ONE, A DISTANCE OF 567.31 FT. TO THE WESTERLY LINE |
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| OF JACOBS' FARM SUBDIVISION, RECORDED NOVEMBER 4, 1994 AS |
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| DOCUMENT NO. 94944947; THENCE SOUTH 38 DEGREES 21 MINUTES |
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| 58 SECONDS WEST, ALONG THE WESTERLY LINE OF SAID JACOBS' |
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| FARM SUBDIVISION, A DISTANCE OF 108.45 FT. TO THE APPARENT |
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| NORTHERLY RIGHT-OF-WAY LINE OF IRVING PARK ROAD (ALSO KNOWN |
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| AS ILLINOIS ROUTE 19); THENCE NORTH 57 DEGREES 29 MINUTES |
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| 24 SECONDS WEST, ON SAID APPARENT NORTHERLY RIGHT-OF-WAY |
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| LINE, A DISTANCE OF 266.15 FT. (266.40 FT.=DEED) TO AN |
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| ANGLE POINT IN SAID RIGHT-OF-WAY LINE; THENCE CONTINUING |
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| NORTH 53 DEGREES 43 MINUTES 44 SECONDS WEST, ON SAID |
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| APPARENT NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF 284.32 |
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| FT. TO AN ANGLE POINT IN SAID RIGHT-OF-WAY LINE; THENCE |
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| CONTINUING NORTH 51 DEGREES 25 MINUTES 54 SECONDS WEST, ON |
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| SAID APPARENT NORTHERLY RIGHT-OF-WAY LINE, A DISTANCE OF |
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| 657.65 FT. (657.68 FT.=DEED) TO THE MOST SOUTHERLY CORNER |
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| OF OUTLOT "H" IN STERLING OAKS UNIT TWO, RECORDED JULY 15, |
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| 2002 AS DOCUMENT NUMBER 0020769602 AND AMENDED BY |
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| CERTIFICATE OF CORRECTION RECORDED AUGUST 12, 2002 AS |
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| DOCUMENT NUMBER 0020876507; THENCE NORTH 38 DEGREES 28 |
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| MINUTES 51 SECONDS EAST, ALONG THE SOUTHEASTERLY LINE OF |
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| SAID STERLING OAKS UNIT TWO, A DISTANCE OF 65.47 FT.; |
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| THENCE SOUTH 51 DEGREES 25 MINUTES 54 SECONDS EAST, A |
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| DISTANCE OF 69.76 FT.; THENCE SOUTH 39 DEGREES 05 MINUTES |
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| 55 SECONDS EAST, DISTANCE OF 167.72 FT.; THENCE SOUTH 88 |
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| DEGREES 08 MINUTES 41 SECONDS EAST, A DISTANCE OF 150.79 |
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| FT.; THENCE NORTH 45 DEGREES 51 MINUTES 58 SECONDS EAST, A |
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| DISTANCE OF 145.34 FT.; THENCE NORTH 12 DEGREES 30 MINUTES |
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| 09 SECONDS EAST, A DISTANCE OF 85.19 FT.; THENCE NORTH 24 |
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| DEGREES 28 MINUTES 33 SECONDS EAST, A DISTANCE OF 147.51 |
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| FT.; THENCE NORTH 39 DEGREES 03 MINUTES 52 SECONDS EAST, A |
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| DISTANCE OF 248.14 FT.(248.33 FT=DEED); THENCE SOUTH 61 |
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| DEGREES 25 MINUTES 18 SECONDS EAST, A DISTANCE OF 46.86 FT. |
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| TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY 99.59 FT. |
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| ALONG THE ARC OF A CURVE, CONCAVE NORTHEASTERLY AND HAVING |
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| A RADIUS OF 180.0 FT., AND A CHORD DISTANCE BEARING OF |
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| SOUTH 77 DEGREES 16 MINUTES 17 SECONDS EAST, AND A CHORD |
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| DISTANCE OF SOUTH 98.32 FT. TO THE POINT OF TANGENCY; |
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| THENCE NORTH 86 DEGREES 52 MINUTES 44 SECONDS EAST, A |
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| DISTANCE OF 199.89 FT. TO THE EAST LINE OF THE NORTHWEST |
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| QUARTER OF SAID SECTION TWENTY-ONE; THENCE SOUTH 00 DEGREES |
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| 20 MINUTES 03 SECONDS WEST, ON THE EAST LINE OF THE |
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| NORTHWEST QUARTER OF SAID SECTION TWENTY-ONE, A DISTANCE OF |
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| 420.86 FT. TO THE POINT OF BEGINNING, IN HANOVER TOWNSHIP, |
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| COOK COUNTY, ILLINOIS, CONTAINING 16.612 ACRES MORE OR |
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| LESS. ALSO ALL THAT PART OF IRVING PARK ROAD (ALSO KNOWN AS |
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| ILLINOIS ROUTE 19) LYING SOUTHWESTERLY OF AND ADJOINING THE |
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| ABOVE DESCRIBED PROPERTY, ALL IN COOK COUNTY, ILLINOIS. |
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| Parcel 11: |
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| THAT PART OF SECTIONS EIGHT, SIXTEEN AND SEVENTEEN, |
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| TOWNSHIP 41 NORTH, RANGE NINE, EAST OF THE THIRD PRINCIPAL |
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| MERIDIAN DESCRIBED AS FOLLOWS: BEGINNING AT THE |
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| INTERSECTION OF THE SOUTH LINE OF THE 100 FOOT WIDE |
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| RIGHT-OF-WAY OF GOLF ROAD (ILLINOIS ROUTE 58) AND THE EAST |
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| LINE OF THE 66 FOOT WIDE RIGHT-OF-WAY OF ROHRSSEN ROAD; |
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| THENCE SOUTH 16 DEGREES 32 MINUTES 42 SECONDS WEST ALONG |
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| THE EAST LINE OF SAID ROHRSSEN ROAD RIGHT-OF-WAY 310.04 |
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| FT.; THENCE NORTH 73 DEGREES 27 MINUTES 18 SECONDS WEST, |
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| 66.00 FT. TO A POINT IN THE WEST RIGHT-OF WAY LINE OF SAID |
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| ROHRSSEN ROAD; THENCE SOUTH 89 DEGREES 36 MINUTES 01 |
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| SECONDS WEST, 807.31 FT.; THENCE NORTH 00 DEGREES 29 |
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| MINUTES 00 SECONDS WEST, 81.82 FT.; THENCE SOUTH 87 DEGREES |
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| 13 MINUTES 49 SECONDS WEST, 725.00 FT.; THENCE NORTH 00 |
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| DEGREES 48 MINUTES 30 SECONDS WEST, 673.60 FT. TO A POINT |
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| IN THE SOUTH LINE OF SAID 100 FOOT WIDE RIGHT-OF-WAY OF |
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| GOLF ROAD AFORESAID, SAID POINT BEING ON A 3947.40 FOOT |
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| RADIUS CURVE; THENCE EASTERLY ALONG SAID 3947.40 FOOT |
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| RADIUS CURVE TO THE RIGHT AN ARC DISTANCE OF 17.70 FT. TO A |
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| POINT OF TANGENCY IN SAID RIGHT-OF-WAY LINE; THENCE SOUTH |
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| 75 DEGREES 16 MINUTES 32 SECONDS EAST, 1482.69 FT. TO A |
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| POINT OF CURVATURE IN SAID RIGHT-OF-WAY LINE; THENCE ALONG |
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| A 4126.70 FOOT RADIUS CURVE TO THE LEFT AN ARC DISTANCE OF |
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| 181.70 FT. TO A POINT IN THE WEST RIGHT-OF-WAY LINE OF SAID |
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| ROHRSSEN ROAD; THENCE SOUTH 79 DEGREES 03 MINUTES 37 |
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| SECONDS EAST, 66.32 FT. TO THE POINT OF BEGINNING, TOGETHER |
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| WITH ALL THAT PART OF THE 100 FOOT WIDE GOLF ROAD |
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| RIGHT-OF-WAY LYING NORTH OF AND ADJACENT TO THE ABOVE |