leading up to the contracts which give rise to these  back in the nineteen fifties the cone family owned approximately four hundred acres of prime farmland in east peoria a buddy one sixteen i doubt decided to get one other thing it determined that there would only be one access route from the land on both sides of the road at three fifteen which is the section very have the same two requirements would be an easement that there'd be a dedication to construction of a road following the school in accordance with the i got the city of this period where you have one other and that's important for purposes of this case before the court because the trial court took perch on that three month period and said parties intended to bind in benefit only themselves by such as opposed to such obligation in benefits extending to homes successful i said in my brief and i say aha hard pressed to would be hard pressed to understand how you could argue against the concept that he was required to dedicate a structural was not something that touched a concern when some reporter proceedings page nine of the of the trial proceedings so the issue here is how this three miles constitute a rationale that says it's only between two people not the successes of the signs  not only the option agreement the warning team which was the only record against them in here and a performance agreement all state that is for the benefit of everybody all all the terms of the contract for the success that's what it's saying that the intention was personal in nature as opposed to a cover running the line the requirement to dedicate and to construct of this court the last time we were poor in it see it is a three month that of dedication harmony or what happens when the court doesn't address this but what happens if between the time they sign with joel reg who was asked any of the plane as it was ten years later ten years the letter exhibit five of the joint exhibits that we have indicates that in  there's no question about that however if in fact it was a personal undertaking they didn't have to dedicate the land by law he would have got something but they didn't have to issue released and pay twelve fill a road for a successor in title to original owner that the that was the primary reason why the trial court decided of the case  to allow any other evidence that there was available and also to deed turman from the evidence in the record of what the intent of the parties e was not have been a running of the land in so far as the college's obligation to build the road was concerned there is a covenant running with the land allam that is contained  in the language of the deed which has always been conceded by illinois central college that there was an obligation on the part of i c c to not change the access point which is i have a station three fifteen which is on the extreme northwest corner of the twenty five acre parcel that was that was purchased and also of that there would be a and in this case including all the exhibits and as i say the area stipulated in the testimony of the witnesses and concluded that in fact taken if you look at all the different transaction underlined circumstances at the time the property was purchased by i c c and also even to a lesser extent but also what happened subsequent to this how did how did the parties treat this obligation of the college to build the row and the court found in its april twenty third one thirteen order that if you consider all of that a rational unsound interpretation of all is contained in the maid may twelfth nine hundred sixty seven agreement which is the document that's specifically off without the time frame for this road construction and i believe you should not be reversed or over term based upon the manifest weight of the evidence in this case prose that's the standard i think that should be should be used by the court of a the kind of all in on first of all the factual circumstances at the time of purchase this is one nine hundred sixty secs and it starts and the factual circumstances are that the college has recently been  voted into existence by the voters of the various counties that were then part of this and it was probably junior college back then after a few years if the statute was changed to make  few community college and so the first task obviously was to buy some proper that they would use to build a college ok so they acquired four hundred and forty acres of property south of rob twenty four which is their east view or you campus they purchased four hundred of those acres and i have the average price of about seventeen hundred seventeen dollars per acre and they have forty acres gifted to them with a total of four hundred for the twenty five percent we're talking about here is would be the extreme north west orner of the property that they purchase none of the buildings of the campus are on the property none of the rows of of the college are on this property it is just twenty five acres and it was not critical to any of the buildings and nor any of the roads  can see from the exhibit joints of the twenty two which is in the in the in the record the first agreement is the option agreement back when the crowd was acquiring these acres purchaser contemplates that said premises shall be used as part of the site for the construction of the school buildings of a college it is the expressed promise and covenant of the purchaser upon the exercise of this option that the point of access s been changed from its present location except upon the written consent of the underside in other words as mr fori said they were required by i bought their only access on for route twenty four would be at station three fifteen and then they said that the undersigned reserved an easement from the point of access over such route as the undersigned made he determined that this is the the term under as as an additional consideration and as further payment for the premises which are the subject of this option purchaser agrees with one within one year of delivery after after deliver within one year of delivery of the deed to build and construct the access road from the point of access to that part of the underside retained by them ok that's the key thing that if there is going to be within one year of delivery of the deed as additional consideration the college agreed to build an access road ok now that's logical and it's it's it's rational because the college use station three fifteen for its access road there was no intention used ation three fifty two colleges access road is further to the east on route twenty four at what is known as station three thirty three plus fifty i believe so it further to the east that's where i got said you can have your going at your access road and it makes sense that hone in selling the property to i c c rather than him having to put in an access road at his property would side the college you're going to have to do that anyway you're going to build you know your inference road would you would you agree to build that as additional consideration for the cellars for use as a public street and highway and a purchaser shall further at their expense improve said land and builds a public street according to the specific documents that talks about the promise of the college to build the road and the timeframe in which it was going to occur in all of this was supposed to have occurred within one year from the conveyance of the property itself in other words  year after the deed and this is the this is the the point that i think the trial court is looking at here when the trial courts reviewing reviewing the documents basically this is a separate agree it's not part of the deed itself and it is the separate agreement referred to in the auction agreement which sets a one year time frame for this and in fact within that one year period the college was prepared to build the growth for them they had an architect and engineering firm designed it and they were going to build it as a part of building their own entrance world and that building that building process of their own entrance road commenced in september of sixty south however it didn't get done in september of sixty seven because mr cullen did not give the college did not designate in writing within that three month route until actually nine hundred seventy s and when he designated the route then the college and mr crone got together and the college so this designation of south of route twenty or at the college of wired that budge twenty four ok thank you why is that it or it is it is it is important because all of the road construction that is involved in this case ninety nine percent of the road construction did not occur on this point four acres ninety nine percent of the road road road construction which happened bill one bill in a way the development  in beginning in two thousand and five in two thousand and six involves supporting a very large residential subdivision and they had to build a the celebration lane timing up the hill off of one sixteen up until they had to build a large deceleration lane they had to build an acceleration lane and they had to build a left turn into the property if you're going west on twenty four out of the middle of nothing in the in the record source to to support any argument that the that honan the college intended that there be a large say anything about to access the south property it was not intended by the i diot order that there be some kind of bridge or any kind of you know crossover between his north property and the south africa that was m after the crowley received finally the point four acre designation they want to head and dedicated that as a public road and then they worked out with home who the the amount of money that cone would accept in lieu of any and release of the college's obligation to build the road which was a fulfillment of colleges of regional consideration exact by that exactly the crowd promised them as additional consideration for the purchase that they would build the road so here's how they calculated if they took the original amount that was in the bed of the contractor that was contracted with by the fall it's to build the entrance road as a small part of the contract he was going to build the pony access road that figure was like sixty seven hundred dollars and then they factored in the interest over the river over the approximate ten year period the interesting thing about it as that the interest rate then was six percent and there's the exhibit in the file basically that the i c c person who calculated that said the i c c lawyer please give our regrets to i phones attorney that the interest rate performance under the provisions of her graphs nine and ten of set options to purchase and it was on the site what that is and paragraph two of that agreement say that they have to dedicate and construct the other point i would like to make you know is the time frame between when that should happen and when it did happen what the option remit says that's what plaintiffs had to do so the cost of that construction was borne by the plaintiffs they did not add any extra not one  satisfied you know i can i can answer that i suspect would probably have to make some improvements if i were if i were totally honest with the corps and i when i got a person i don't know what type of role they would have built because i don't know what type of road i thought would have required them to build at that time and i got me in may have required a d acceleration line because this was a u s route twenty four they were going off and that's what they required of us at this point so i