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HomeMy WebLinkAbout03-14 Resolution No. 03-14 RESOLUTION AUTHORIZING EXECUTION AND ACCEPTANCE OF A SANITARY SEWER EASEMENT FROM COMMONWEALTH EDISON COMPANY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ELGIN, ILLINOIS, that Ed Schock, Mayor, and Dolonna Mecum, City Clerk, be and are hereby authorized and directed to execute and accept a Sanitary Sewer Easement from Commonwealth Edison Company for the property legally described on Exhibit A, a copy of which is attached hereto. BE IT FURTHER RESOLVED that the City Clerk is hereby authorized and directed to cause the Sanitary Sewer Easement to be recorded in the office of the Recorder of Deeds of Cook County, Illinois . s/ Ed Schock Ed Schock, Mayor Presented: January 22, 2003 Adopted: January 22, 2003 Vote: Yeas : 7 Nays : 0 Attest: s/ Dolonna Mecum Dolonna Mecum, City Clerk May 0? 03 01 : 59p NEUMANN HOMES West Div. 630-281 -2176 p.2 _ 05'02105_._13:57j'AX 630 897 4516 CHICAGO TITLEf�002 • • ` ` (��t1ilI!lu 1ry0030350510 1 1 lI5743!0105 i3 001 Palo 1 cf 11 003031b0410 2003-03-13 1 O a 2f3 a 12 CENTERLINE Ccak Chatty Recorder 106.50 EASEMENT Propetty:iditc-Crysta:Late 5`Widening [VW Panel No. 18 Section 17.Twp,41 N Rn` 4 East of 3rd.P M Cook County.t!lin+pis C.E.Co Nem Central ti 6 a 1401 SANITARY SEWER EASEM?-1v"1- 1^i THIS NON-EXCLUSIVE PERMANENT SANITARY SEWER EASEMENT is wade,entered and matted on this (v° day of rtpdaMth,2005,by end between CO!4LMONWEALTH EUISON COMPANY,an Illinois corporaton("Graaior"),and CITY OF ELGIN,an Illinois municipal corporation("Grantee"). >1.137141SSETH WHEREAS,Grantor is the ovnier of a parcel of land to lhaaover Tolland*County of Cook and Stele of Illinois,described in Exhibit"A"attached hereto and made a part hereof( Cirntttor's Property);and WHEREAS,Grnvee has requested that Ortmtor grant to Grantee u uoe.exclusrw eseement to construct and operate cntein facilities on Grantor's Property and WHEREAS,Onutwr utilizes Z.cantor`s Property tot Grantor's own business operations,which operatiom, for purposes hereof,shall iaohule without limitation the eotuwceion,reconstruction,mnntensnea,repair,upgrade, ea;sers:or,addition.renewal,replacement,relocation,removal.use and operation of Grantor's equipment and 'a ilities,whahsr now existing or iteteatrler so be instated,in,ar,over,under,aloag(3racross Orantor's Property (collerttvety,"Grantor's t)pentions");and WHEREAS, Grantor has agreed to gant. and Grantee to accept, the casement described here]abe!ow, subj Sct to the terms and conditions of this Agreement; NOW, THEREI'ORE, in consideration of the payments, covenants, team and conditions to be made, perfonned,kept end°bser.ed by Grant's hereunder,Grentat nerdy pants mato Gnome,without warranty of title,a. non-exclusive easement("r:aseincn;")for the purpose of installing,operatin ,maintaining,replacing,and remuying one(I) 12.inch mttaide diameter Sariury Sewer, referred to u("Grantee's Facility'), end for rte other purpose whatsoever,,n,under and a+sass than portion ofGnntor's Property described below as the"Easement Premises". The casement premises("Ens-n&o t Premises".)tot the 12-mach inside sanitary sewer shall consist of a strip of land being twerev foie(24)i Mier it width and lying-Nell/el 1 2)incites along either side oldie sanitary sewer's inter tide,of Grantee's Facility,tot+that with such additional space that may be required for the bell width of she p*pcs. said xrt et line is more purticutsrfy shown and located on Rogiru and Aisles L.T.D.'s-Conselting Engineer's for the Neutrenton Place,project, Omitting dated,dated 7/22142, marked Exhibit"8",aneehe d hereto and made a part hereof After recording return t Elgin City Clerk 150 Dexter Court %4t�Ll Elgin, IL 60120 ,�'t 1,'OVVe May 02 03 01 :59p NEUMANN HOMES West Div. 830-281 -2_173 p. 3 05'02103 13:58 FAR 830 897 8546 CHICAGO TITLE Vh009 GO30350510 • This grant of ease-mud ("Easement") is made subject to Grantee's full and faithful petformanca and observance of the following covenants,taros sad conditions: 1. Grat'e's Use. The following general conditions shall apply to Grantee's use of the Easement 1 n raises. a. This Casement shot!include such nor.-exclusive temporary tights of ingress and egress over a strip of land shim(3l1)feet in width shown as temporary access area,and located fifteen(15)feet along either side of the sanitary sewer's center line as depicted is Exhibit"B"hereto("Access Areal,as may be reasonably required by Grantee fox the construction,maintenaece,repair,replacement and removal of Grantee's Facility,which tights of ingress and egress shall be subject and subordinate in an tespects respectsto Grantor's Openmiotu and limited to such temporary access routes over the Access Area as Grantor in ite sole discretion may designate from time to time.Subject to the foregoing lirnitatinss,the term"Easement Premises"as used herein shall include the Access Area. b. Grantee shall proems and maintain at its own expense,prior to entry upon Grantor's Property hereunder,all licenses,contests,penis%authorizations and other approvals required from any federal,state or local governmental aatbonty in connection with the construction,placement,use and operation of Grantee's Facility,and Grantee stall strictly observe all laws,rules,statutes and regulations of any govenunentat authorities having jwisdiction over the Easement Premiacs or Grantee's operations besot%. Grortca tray Goin time to time request evidence that all such approvals have been obtained by ,ranter and arc in MI force and effect. In no event shall Gtuitee seek any governmental approvals that t lay affect in any way Grantor's Operations,including without limitation any zoning approvals,without in ed.ch instance obtaining Gnintor's prier written consent,which consent may be granted of withheld in G•antor's sole discretion. c. In the event any aspect afOrardee'sconstruction,placement,maintenance,repair,use or upc.ation of Grantee's Facility at any time violates or is farbiddea by any law,statute,role,regulation, oils*or requitement of any governmental alxhonty,Grantee shall immediately discontinue such operations and et its own expense take all required corrective action,inctading without limitation removal of all or any ports, is of Grantee's Facility roe Gtanoot's Property if required,within the lesser of(i)thirty(30)days from 3rantce's notice of such violation or(ii)the period of tuna required by law for the correction of such V7U int,m. d Granter's use of the EaecsneotPrcimres shell be conducted in a manner that does not conflict it trd2r{ere With Ursistur's Operations, This Eesor,c.ut and rite rights granted hereunder are abject and subordinate in all respects to all matt is and conditions of geoid affecting the Easement Premises. f Grantee's obligations and liabilities to Grantor under this Agreement with respect to Grantee's F lenity and all other matters shell not be limited or in any manner impaired by any agreements entered into by and between Grantee and any third panes,iaclttdingwithout timitationany agreements related to the construction or inatatlanon of Grantee's Facility,and Grantee shall be end remain liable to Grantor for tin installation and operttionnf Otatrtes's Faci!ityin aemirdenee with thrtermsand ceniboens oldie Agron.lad,notwithstanding Grantee's failure or refusal to accept delivery of or ride to such facilities from any such tirirdpartios. g• without titrating the generality of the foregoing,this Easement and the rights grunted hereunder are subject and subordinate in all respects to the existing tad future rights of Grantor and its existing lessees,licensees and&reatess,existing roads and highways,the rights of all existing utilities,all existing railroad rights-of.way,watercourses and drainage rights that may be present in Grantor's Property. If required,Grange shall secure the engineering consent of The holders of such prior rights as a prerequisite to cactcising its nzhts hcrcnndcr and provide Grantor with a copy of the same. 2 May 02 03 02: 01p NEUMANN N1MES West Div. 630-281 -2176 p. 4 05/02/01 13.58 FAX 890 887 8548 CHICAGO TITLE X1004 • 003O350510 2. Temp. The turn of this Easement shall be in perpetuity,unless tertn na'ed pursuant to the terms, conditions and covenants of this Veen-tem,and.hall cocunertcc as of the date first hereinabove written. 3. fee. In partial consideration oftbis Easement.Grantee shell,pursuant to the terms and conditions as set forth in the attached Dereiopet's Unconditional and Irrevocable Guaranty of Payment and Performance clause,cause the Developer to pay(renter the agreed upon consideration for the granting of this Agreement,which amount*all be dee and payable es Grantor,prior to Grantor's execution end granting of this Agreement. 4. Rightfa Reg y d to Grenrge. a. Grantor hereby reserves the right at all times to use die surface and subsurface of the Easement Premises for Grantor's Opemboc is such manner as Granter deems necessary or appropriate. Grantor's use of Grantor's Property,including the Easement Premises,at all times to gain access to any of Grantor's equipment and facilities thereon shall be paramount to the tights granted to Grantee hereunder and Grantee shall make much access available to Grantor sa all oma,including,without limitation access to any of C tore equipment and facilities now or hereafter located thereon. a. Grantor reserves the right to great additional access,utility and othet leases,licenses, tttacrnasds and tights hen:afer to third parties through,under,over and across ail ur any porton 01 Grantor's Properly,including the Easement Premises, 5 Relocation end Restoration of mere /rhes. The following tams and conditions shall govern the rights and obligations of the partes with respect to relocation and restoration of the Easement Premises; a. la the event any alteration,expansion,upgtadte,relocation or other change in Grantor's Operations interferes or conflicts with Grantee's use of the Canesnent r re niscs hereunder,Grantor shale' notify(3svutee in writing of such proposed change and the conflict posed by this Easement or the presence of Grantee's Fa:ility on the Basement Premises. Such notice shall contain Grantor's esterase of the additional costs Grantor will incur if the proposed change in Greaten's Operations meet be&Rand to avoid of minimize ant'conflict or irterfercace.with Grantee's use of the Easement Premises. Within ton(l0)days ager receipt of nuch notice,Grantee shall notify Grantor in writing of Its election to(i)make such change< in Grantee's Facility,it G,naturc's cost,as io t e judgment of Grantor may be req,ared to avoid or mieunze any conflict or interfetence with the proposed change in Grantor's Melons,including without limitation the relocanaa of Onnttee's Facility to another location on Granter's Property designated by Grantor,or(ii) reimburse Granxr for all additional costs incurred by Grantor it ekenng the Imposed change in Glamor's Operations to avoid or minimire/rich conflict or i.nierRrence. In the event Grantee fails to notify Granton in writing of sorb election within such ten 00)day period,Grantee shall he-roneiusively deemed 10 hive elected to reimburse 3eantor for its additiotatl costs as provided it clause(ii)hereinabove. In the event Grantee elects to make all changes to Grantee's Facility,including relocation-to another location designated by Grantor,required io avoid conflict with the proposed change in Grantor's Operations,Grantee,at its sole cost and in accordant%with ail apphcsbbe lentis and conditions of this Agreement;shall promptly take all steps nerxssary to coml:lete such changes end relocation within a reasonable time but in no event later than sixty(60)days after the late of such election.-I n the event Ornatee elects to reimburse Grantor for the eddhional costs to be incutredby Grantor,Grantee shaft mate such payment within thirty(30)days after Grantor's demand thereto r b. Grantee agrees that,within thirty(30)days after the expire:ton of termination of this Agreement and or the Easement for any reason.Grantee shalt,at its cost,remove all of Grantee's FacilirJ firm Grantor's?roperty and restore a d repair Grantor's Property to the condition canting prier to the instellsdon of Grantee's Facility. In the event Grantee fails to as remove its Facilities and restore and repair Grantor's Property,Grantor may fleet CO tit,so at Grantee's cost and eipensc and,in such event,Grantor may dispose of'3rantee's Facility without any duty to account to Grantee therefor. Grant=shall pay all costs and expenses meuned by Grantor in removing Grantee's Facility,vr_hndin g any storage costs,and any costs incurred by Grantor in restoring and repairing Grantor's Property. Any tkcilities and equipment rite 3 May 02 03 t2: 02p NEUMANN HOMES West Div. 630-281 -2176 P. 5 03/02/03 1:::59 FAX 830 897 8546 CHICAGO TITLE Z OttS Oc}3O3JO5.1.O Grantee fails to temove from Grantor's Property within thirty(30)days after the expiration or termination of this Easement shall br conclusively deemed to have been abandoned by Grantee and shall become the ale property of Grantor,without liability or obligation to account to Grantee thereror. t. Login=of Gnomes Property, Grantor Lao made no reoreoentations or wan-anoes of any land or natter what:never,whether written or oral,concerning the suitability of Grantor's Property or the Easement Premises for the placement of Grantee's Facility thereon or Grantee's rase of the Easement Premises for the purposes contemtplatec herein. Ie entering into this Agreement,Grantee has relied solely upon such independent investigation:.of the condition ofGnntor's Property as Gramm has deemed necessary or appropriate in its discretion,an Grantee has not relied upon any smtemetr s,representations or agreements of Greater regarding the condition of Grantor's'Plopeny. This Easement is granted over the Easement Premises in its AS-IS,WHERE-1S CONDITION,WITH ALL FAULTS,and Creator has not agreed to undertake tiny inttprcvexttents or other work to make Grantor':Property or the Easement Premises meltable for Grantee's intended use,except as may be otherwise expressly provided herein. 7. Condition;GovcrnigconettuctiQta,_Reeoir.Maintenance and c)thot Work, a. All work performed by Grantee pursuant to this Agreement,including without limitation all work dated to the ins+illation,alteration.maintenance(excluding only routine maintenance),repair, ralocatio:t,replacaneat or remove!of Grantee's Facility,ahatt be pnrfomted in accordance with plans and specif rations approved in writing by 0rentor prior to the commencement of such work. Grantor shall review and approve any amendments.additiora or other change:to such approved plans and specifications, prior to the performance of any worst identified therein. Upon completion of such work.Grantee shall- fnnish to Grantor'11-bnRt"drawings accurately showing the installed locations of all of Grantee's Facility.Upon completion of oh work Grantee shall restore the existing gravel road to a condition agreeable to Grantor's Representative, telephone number(630)437-2203. b. Prior to the performance of any worst,Grantee shall 0)obtain all applicable permits, approvals and rithorieabons required from any federal,state or local governmental authority and furnish Grantor with satisfactory evidence that all such ipproeats have been obtained and(ii)furnish Granter with certificates of ir.swore for root contractor end subcontractor evidencing such contractor's or aubconhsnetor's compliance with the requirements of Section?0 hereof. c. Except for emergency tepasra affecting the health and safety of the public,Greatce shall provide Grantor with not less than thirty(30)days'advance notice of ally work(including routine maintenance)so that Grantor may take such protective actions as Grantor deems necessary to ensure the safety and reliability ofGrwntor's facilitiesia rho area efGrantee's proposed work. Grantee&hal)postpone the commencement of its work until such time as Grantor'has completed any and all such protective work. Any cost and expiate of ouch protective work shall be borne by Grantee and paid by Grantee within thirty (30)days after receipt of a bill therefor Grantor may elect,on a case'by-case basis,to have all ofGtantcc's work perfbrned in the presence of a representative of Grantor and in a meaner satisfactory to such representative,provided,however,the same shall not be deemed a warranty as to the adequacy of the design,workmanship or quality of materials,or comolisnce of Grantee's work with epplicebte law. d. If Grantee performs any grading,leveling,digging or excavation work on Grantor's Property.Orantr:e will notify JULIE at telephone number(800)842-0123 to least seventy-two(72)boars prior to the oommermement of such work is order to locate all existing utility lines that may be present on Grantor's Ptopotty. If°noose damages any such undorgtoand facitities in the course of its work.Grantee will promptly reimburse Grantor or the owner of such equipment or facilities for any and all expense incurred in repairing or replacing such damage subject to the ether provisions of the Agrccmcm including, without tia7itatio ns,the provisions of Section 7(2),above,any grade changes within the Right of Way wit! he limited to being no more than six(6)inches differential(Vain existing grade unless otherwise approved "7 Grantor. 4 May 02 03 02: 03p '4EUMANN HOMES West Div. 630-281 -217E p. 6 03:02/03 13:53 FAX 630 897 6546 CHICAGO TITLE lone 00303505.i 0 e. Except for emergency tepe s affecting the health and safety of the public,which rmergency repairs should he called in within the filet 8-hours of entering Grantor's Property and confirmed by Grantor,Creature shalt motley Grantor's Representative,telephone number(630)437-2824,at least forty- eight(48)hours in advance of entering Grantor's Property for the perfoimence of any work(including routine mainten.tncc). The timing and scheduling of such work shall be rubject to Grantor's prier epprc rat. In the-went Grantee is required to perform any emergency repair work affecting the health and safety of the public,Grantee rhaIl notify Grimm in writing of such re.pab•work within forty-eight(48)hours atter the perfbnneox of such repairs. f. Grantor stay withhold its approval to the performance of any work hereunder whenever any of the following conditions exist:(i)Grantee is in default under this Agreement,(ii)the performance of such work and the use and occupancy of Grantor's Property contemplated by such work in Granter's ludgnent wilt interfere with Grriaror's taperanome or any other then existing.las of Grantor's Property.or (iii)Grantor and Grantee have failed to eater into such supplemental agrecmeots as Grantor deems necessary or advisable regarding the peribrmaace of such work.Grp*or retains tha ortht to suspend orsto all cod work if it1(iRator' ale jadetneat the orntoina;perforrnatlt7!Qf rgc+r work endengets Granf'$ facilities te th ns to interfere with Gnrtor'��jpemtions and Granter shall ince na lett ihty Tor env addiuonat cast teleaperne inrurdv_Gtaatee o-env.third potties in connection with such works:Doom g All work shall he performed in a good and workmanlike manlier and in accordance with all applicable laws,statutes,boihlintcudes end regulations of applicable gevernracntal-euthorities. Without linking the generality of the foregoing,Grantee shall cause all work and tete placement of Grantee's Facility to meet tMspplicable requirement'of 83.111.Admit.Code Put 305,as amended from time to time,and shall mac all workers performing arty work on behalf of Grantee,its contractors and subeontseetors,to be equipped for and conform to OSHA safety regulators. Upon completion oldie work. Carmine shall(i)provide Grantor waivers of lien from each cs retractor and bash other evidence of lits-free completion of the work as Grantor may require and(ii)restore all adjacent end other affected areas of Grantor's Property to their original condition pteeedtag the con nerwement of each work. h. Grantee shall prompdy oordy Grantor of any damage caned to Grnrttor's facilities arising cut of or related to the performance of such work,and Grantee will reimburse Grantor on demand for the coni of any such related repairs-turd expenses incurred by Grannie eat*resell of such damage. The formula described in Section 13 b Anil be used to determine the amount due Grantor as reimbursement for the cost et such tepatrs. Grantee shall reimburse Grantor's tenants on demand for any damage to the property of Crantor's rerwit t caused by,arising out of,or attributable to the;rerformence of such work. Damages shall 'tclude but not he limited to damages to tenant crops,fences,pastures,livestock,or equipment.Under no -ircumsrancr s shall any blasting be undertaken on Grantor's Property nor shall any vehicles or equipment e brought or eraernbled on Chamlor's Property having a height greater owe fourteen()4)feet above grade. i. There shall be ro impairment of any natural or installed drainage facilities occasioned by ai v work related to Grantee's•Facility and Grantee atitseonshall rcpurand replace alt dreieage tiles ea.%aged or destroyed dotting the performance of such work. Grantee will identify the locations of all field the by stationing on Grantee's constnrttion plans and the same it formation will be incorporated into Cha act's"ae.built"plans delivered to Grantor upon completion of cortstrttctior of Grantee's Facility. 1 The following additional specific resenvtncrmts shatt apply to the perfornsnrv,of such wurk: (0) Granges agrees that Grantor's Facility will be installed in strict crafernrty with the Engineering Plans attached hereto as Exhibit''8". (Ii) Should any proposed changes to Grantee's Facility be retluired,either before or after ieatallatiun,Grantee,or its awcessor,shell first submit such changes to Grantor,in the forte ofrevieed plants for Gruttor'ts review end approval. S May 02 03 02:04p NEUM -NN HOMES West Div. 630-281 -2176 p. r 03/02/03 _11_00_EAY__la_887 8548 CPICAG(1 TITLE it007 • • • 0030350510 (iii) Grantee shall install suitable markers acceptable to Grantor at all points where Grantee's Facility enter or leave Grantor's Property,at all road or meet erosaings,at all rail crossing,and at ail location;where Grantee's Facility cheni;e.direction in Grantor's Property. (iv) Grante. shall,upon completion artist insallarion of Grantee's Facility,Grantee will rep ccc all backfilling matenal.n a neat,clean and workmanlike manner, with the•topsoil on the surface of Gtanror's Property,and shall remove all erccesa soils,int tidies any rocks,debris or unsuitable fill from Grantor's Proprty that has been lisplaced by the placement of Grantee's Facility. Ar Gnntar's_soie election.I.;ranter tttay it Gr ntee to erettiy env pt�ttion f thg runes topsoil ov k_Cmrgtee's Facility's a r ins*'aestor's?rooms ao Icmt as theIsaugg.igamegnitcaggninafregsrayskies not resu. is ch mere ofyreffier thvr,6jhes front the pre-ea, grafi-sof(jr lrgC,. Propere urine to the installation of Grantee's Fes.ilitm. (v) Grantee act's that all of Grantee's Property as affened by the construction of Grantee's Faclity shall he leveled,dressed and the area re-seeded using grass over and alont Grantee's satire construction project sire,eX�p�t for Brost:areas gni,are either rant occt.,pied for attrroutniral utirposes and/or those artia t a itrvolye westatnc whet[e ggvernmental wet:.tnd restoration ressi irereenft Stell take preeedcrge. Grantee shall manage the re-seeding process until a titles grass growth has beers.t mothballed ort Grantor's Property.Grantee agrees to leave Grantor's Proper.'in a near,c',ean and orderly condition and so the reasonable satisfaction of Grantor. 8. CovenrptaorGrantee. Grantee hereby covenants and agrees as follows a. Grantee shall obtain and maintain all rights,licenses,consents and approvals required from teary governmental authorities or third parties with respect to the installation,use or operation ofOrentee's Facility on thentor's Pncperty and,ac Grantor's request,Grantee shall pros do Grantor with evidence thereof Grantee shah cause Grantee's Facility to•be maintained at all times in goa3 repair and in accordance with ell requirements of applicable low,and Grantee shall toe permit any nuisances or other unsafe or Wardens conditions to ettisi in,on or under Grantor's.Property in connexion with Grantee's Facility or Grantee's use or occupancy of Grantor's Property. [o the event Grantee fails so fully and faithfully perform alt avek repair arid n eiutenanee obilim-lost,Ornate*shall have right(bar not the obligation)alter thirty(30)days'written notice to Grantee,to cause such repairs and maintenance to be performed and charge the can tbaruof to Grunter lathe nowt Grantor elects to perform such repair and rnaintetnrtttra,dee amount due Grantor front Grantee as reimbursement shall be determined using the formula described in Section 13.h hereof. V. Grantee shalt install Grantee's Facility and use end-occupy the Easement Premises in a manner that avoids any interference with Grantor's Operations- Within ten(10)days atter Grantor's demand therefor,Grantee shall reimburse Grantor for all costa incurred by Grantor as a result of injury or damage to persons,property or business,including without limitation tone cost of repairing any damage to Grantor's equipment or facilities or eons•rising Flom elceerical outages,caused by die use and occupancy of the Easemery Premises by Granter,its represueratives,employees,agents,contractors,subountaactors - and invitees. c. Grantee will not cause or peanut any metirnic's Batt or thirst fur lieu to be asserted against the Easement Premises,Grantor's Property or any other real estate owned by Grantor or any improvements thereon,which lien or eleintfor!Marinate out of any connect or agreement for work so•ora perfarmed by or on behalf of Grantee in connection with this Agreement or any of the tights granted to Greece hcreendce. In the event any such hen or darns for lien is fried,Grantee will promptly pay the-same 6 May 02 0:? r.12: 0610 NEUMHNN HOMES West Div. 630-281 -2176 _8 U5_o ;E'3 1.1:00 FAX 830 ba7 l4.16 CHICAGO TITLE 0troe • 00U35Q iO Grantee hereby indouaif e:,and afire.s to defend and hold hacmlesa Grantor from and against any and al! hens or claims for hen arising out of or is any way connected with Qivutee's use and occupancy of the Easennnt Pianists. Grantee ha;l pay to(lintor,within thirty(3u)days after(ltmtot's demand therefor,any tical al!rent pmpe:ty taxes and aasessme is levied against Grantor's Property during the term hereof that aro attributable to Grantee's Facility or Grantee's use and.occupancy of the Easement Premises. Grantee Shall be responsible for the cost of any and dl,oarertivc actions required to address any impaitnte i of surface water drainage conditions affecting Graartt-'s Property or adjacent propertieaets trunk of Granttx'susc end occupancy cf the Easemca i Premises. e. Granite.shall notify Grantor in writing within thirty(30)days after the date Grantec ceases to use Grantee's Facility and shall provide Grantor with a pre periy executed release of this casement. This Easement shall terminate'anthem die necessity of any notice to Grantee in dee event of non- use by Grantee In the event Grantee abandons Grantee's Facility.(tansy sbaA,if Grantor so requrets, convey all or any portion of Grantee's Facility to Grantor pursuant to.a bill of sale for one dollar(S1.00), but the failure()Traitor to request such bill of salt or t8:failure of Gummi to provide the same shall not affect the rights and obligations ofthe parties as set forth in Section S.(b)hereof. 9. IIS! idn'it n a. Griotee agpccs to iod nanify,defend and hold limitless bastion Cotporadon,a Pennsylvania corporation,Grantor,and their respective employees,officers,directors,agents,subsidiaries, affiliates,legal representatives,successors and assigns,(collectively,the'GalileeGroup")from and against any aid all claims,actions,procccdi ip,judgments,derseges(including consequential damages),hens, fines,costa,liabilities,injuries,tosses,cosec and expenses(inclining but not limited to moseys'fees and costs and lose of electrical service)arising ihxn or neleted to Grarnec'!.uta atad occupancy of the Easement P:c'nises or any portion of Grantor's Property,or any work performed hereunder by Grantee,its employees, agents,contractors or wbconttectors,or anyone claiming by through or under any of them,or any brach of this Agreement,except to the extent that any such claim.aeoon,proceeding.judgment,damage,hen,fine„ cost,liability,miury,loss,cost and expense is attributable codecs to puss neghgennee or willful misconduct of Graorar,its employes,agents or contractors. This indemnification shall inehtde,bur not be limited ten, claims made wrier any emelanau's compensation law or under say plan for employee's disability aid death benefits(it>cludiog without limitation claims and demands that may be assented by employees,agents, oottlaetor;end subcontractors). The foregoing indemnity shall survive the termination of this Agreement. b To the maximum extent permitted by applicable law,Grantee hereby waives any and all claims againtir ri r"Gramm Ce sup",which Counter or any po son•or entity claiming by,through or under Griaka may new or at soy time in dee fume have for injury or damage to persons,property or business sustained it:or about tin Easement Premises or any ether portion of Grantor's Property,including withoa; 'imitation claims nosing from any conditions existing on Grantor's Property or any acts or•omissions of any if the Granter Group_Grantor shall not be liable to Grantee for any injury,loss or damage to persons, .>sfestyot bisinoss sustained by Grauee,its representatives,employees,agents,conttw,torb et invitees in e Irrrec ins,with this Ago ewers or the natal;granted to Grantee h.,eureder,wriest.;wets loss or danraga re'tilts from Gamor's gross negligence or wiliful misconduct. In no event shall Grantor be liable for any su.n usj wry,loss or damage restating-front tiny now oromfastons early-third-party occupants of the Eat intent Promises or any,xher portico of Gtantcr's Property or the public 'C Inrtr,rtes, a. mantes shalt cause each contractor and subcontractor perfuming any work on behalf of Gretna,pursuant to this Agreen,ttm to purchase and maintain(or Grantee at its own cost shall purchase and wad 02 03 0% : 07p NEUMANN HOMES West Div. 630-281 -2176 p. 9 05_32_03 it: 10 FAX 630 807 86_40 CHICAGO TITLE 11003 0030350;;AO • rtaintait on behalf of etch such contractor or suocaatractot),prior to onmtencirg any work on Grantor's Property,the followinginsuxunce coverages: (i) Workers'Compensation insurance Policy Coverage A- providiog payment-promptly when due of all eompensatier,and other benefits required of the insured by the workers'compensation law, Coverage B- Empl ears'Liability:providing payment cm behalf of the insured with limits not fess than S 1,000,000 pot tuciden•Jnecuntnee for all sums which the insured shall become legally obligated to pay as damages because of bodily injury by accident or disease,including death at any lime resulting therefrom. Coverage n sod Coverage B win cover all contractors,subcontractors,and their subcontractors; Commernial General Liability Policy or Policies covering all contractors,snbeotftrectcrs end all their subcontractors with limits not less than a ;ombined single limit of 55,000,000 for bodily in w cs to or death of one or wore persons and/or property damage suaained by one or more organizations as r molt of any one occurrence,which policy or policies shall not exclude propeay of Grantor- Commonwealth Edison Company,as Grantor,shall be aeded as Additional Insured under endo,settent GL 2010 or CG 2010. Bodily iq;;try means bodily injury,sickness,or disease instai:red by any person which oecars during the policy period,including devil,at any time resulting therefrom. Properly damage means(1)pl•yrtical injury to or deMov.tion of tangible property When°czars during the policy period,including the los of use thereof at any time retuning therefrom,or(2)loss of use of tangible property which has not been physically injmcdm drnreyeeiprovided suck loss of use is caused by an occurrence daring the policy petted;and (iii) Automobile Liability in the ernormt of cot toss than 12:(100,0(X0 per ocaxnece combined single limit covering all owned.leased mud and moa-owned vehietgs. Granter shall deliver to Grantor,prior to co:senescing nuc work of installing,repairing,replacing or removing Grantee's Facility,a certified copy of each policy of insurance ora Certificate of insurance evidencing the°overages specified la subsections(i),(ii)and(W)of this Soccon. lesurenoe coverage as required herein in subsections(1)(ii).and(iii)shall be kept to force until all work has been completed. Insurance coverage eacnited for in(ii)above shall be furnished by Grantee to Grantor prior to commencing the work and shall be kept conrauausly in force so long as said Facilities ht7ein authorized shall be in existence.Declareriotta in each of said polities shall identify the work as being done by end for others oa property owned by Grantor and there shall be no exclusions in any of said policies Dot approved by Grantor. Grantor hereby reserves the right to amend,correct and change,from time to time,the limits,covertigc and form of policy as may be required front Grenrce's contractor or contractors before entering Greutot's Property to perform any work thereon. b. All insurance policies required by this Section 10 shall be issued by good and reputable companies having a Best's Rating of A-Mil or better and shall provide thirty(30)days prior written notice of arty subsanhai change in the coverage,cancellation on nor- renewal. Any policies of insurance maintained by Grantee,its contractors or subcOntraetots,shall be Ornery without right of cormibution or oltaaer from eav policy of issurance or program of self inswssive maintained by Grantor. Grantee agrees and shall require each of its contractors-and scsoomrsctors to agree-that they shall each arrange for the issuers of all policies of ins;arence required hereunder to waive their righu of subrogation against Grar:tes,its directors,offcers,employees and agents.Grantee shall furnish Grantor with certificates of in:ang:me evidcnc;ng Grantee's compliance with the requirements of this Section I0 • 8 • Mab 02 03 02: 08p NE&JMRNN HOMES West Div. 630-281 -2178 p. 10 05'02/03 14,01 FAX 630 897 9546_, CIUCAO TITLE Z01') 350 i 0 Al• Grantee is a seff insured government"entity,on such insurance requirements shall apply to any work done directly by City using City Staff, 11, Enrirgnrnentail'tction. a. Grantee shill conduct in operanons en Grantor's Property,cause ail work performed by or or.behalf.f(irantee hereunder to be performed,and otherwise use and occupy the P.asement Premises in littler compile ca with all applicable Eovitonrncnral Laws(aa defined below). Grantee shall not cause or permit any une aground storage tanks to eater or any Hazardous Meteiiafs to be introduced or handled cc Grantor's Prop:Ay as a result of or in connection with Csrsrree's use and occupancy of the Easement Premises. Gran et shall defend,iodctrstifyand hold harmless Grantor's Group,from and against from and against any dale s,actions,proceedings,judgments,damages(including consequential damages),liens, lines,costs,Gabe Met,injuries,losses,costs and expanses,including but not limited to roomeya'and consultants'fees..nd costs,whether asserted under Environmental Lawa or at comical law,ansirtg out ot'or related to(!)any t'ach by Grantee of the environmental covenants set forth above or(it)any violation of any Enairomnemsi Laws or the presence,release at threatened release of any Hazardous Materials at,on or beneath Grantor's!roperty is a result of or in connection with any act or omission of Granny,its agents, employees,contract ars,or any entity in privity with or providing a benefit to Grantee. As used so this section,the temp"Ezellon:net-eat Laws"shall mean all federal.state and local statutes,regulations or ordint:nes relating It the protection of health,safety or the envuoatnerst including,without limitation,the Clean Air Act,the Weer Pollution Control Act,the Resource Conservation and Recovery Act,the Comprehensive Envie mental Response,Compensation and Liability Act,tbC Toxic Substances Control Act,all statutes,rales n ad replete/is applicable to wcdrnds of any federal,senora county or!acid regulatory agency,and all similar tate and local taws now or hereinafter eructed or amended. "Hazardous Materials" shall meas any waste,p.'!luautt,purrs tabs acevr haterdous_athtgance,coatamir.art or material regulated by any Environmental L raw including,without limitation,petroleum or petrolouro based seksennccs or wastes,asbestos and pot,n.hivrinated"aphenyle. The foregoingcovanants and sndcmntificatioo obligations shall survive es'terming;on of this Agreement, b. Without'Uniting the generality of the foregoing,prior to commencing any work on Grantor's Property,Gtantm at its sole cost shall(1)secure and provide Granton with copes of any wetland Permits rsquited from any!,deral,cute or local tegulstory agencies and(ii)if applicable,identify the erosion control methods on ey otter method provided by the Federal Clean Water An to prevent construction marenal or Jeb:•s from f llibg any wetland area. If any constipation material or debris should fill any wetland areas,Gturat•at its sole cost shall cause the same to be removed and the area restored to its ,tigistal condition to the eater'required-by applicable Inv orreasonably �red b!'r Grantor. Grantee at in sole cost shall tannitor,manta n,and restore any wetland areas affected by its use and occupancy of Crrentor's Property fbt tits time pec fled in any and ail permits,licenses or other sppe'ivals obtained by Grantee hereunder. a It during the to in of this Agreomern,Grantee bewteet aware of any nulaion of Environmental Laws or of the pre,ence of any Hazardous Materials or threste.ai presence of Hazardous Materials in,on,over or carder the ,oil,groundwater or o'therar air of Grantor's Property resulting from or connected with t3rantee's u e and:teupaney ofGrantor's Property,Grantee shall promptly notify Grantor 'n writing of such conditions and d-1f immediately secure the affected area in a manner required to protect public health ani safety. d. Grantee shall menace any excavated sails in winch Harantvue Materials are encountered in accordance with all applicable Envi:onmentsl Laws,and,if permined by such laws,shall restore the - excavated work area to the condition existing before such Hazardous Materials were entotattered. If,under spplioabtc Environmentat Laws,the eta avated oohs cannot he returned to Ore excavated cork area,Gransrc shall remove arid dispose of the enavatr+d contaminated soil at-no exist to Grantee in the manner required by applicable Environmental Law,but in rte event itan such contaminated soil be redeposited cn Grantor's Property. 4 Nay 112 03 02: 10p NEUMANN HOMES West Div. 630-281 -217S p. 11 05%02'03 14:01 FAX 630 897 8346 C:11C? 0 TITLE f�I011 J03035050) • 12. Defaults. Tee occurrence of any of the following shall constitute an event of default("Event of Default')sealer this Agreement: a. Grantee's failure to pay when due any amount payable by Grantee hereunder and the continuation of.tante default for a period of ten(10)days after notice thereof front Grantor;or b. Grantee's failure to perforin or observe any other covenant,tern or condition to be performed or observed by Gran eehereimier.and the coatinuarion of such default for a period of thirty(30) days after notice thereof fiom Grantor,provided,however,that if such default cannot be cured within thirty (30)days and Grantee hes undertaken diligent efforts within such thirty(30)day period to c6'cci a cure. then:tie Cure period shall be extended for such additional time,trot to exceed an additional sixty(60)days, at inn)be requeeri by Grantee through the atomise of continuous,diligent efforts to eartpiete all repaired correct Ye Intl);or C. Any W atter rep'esemation or warranty of Gr Mere berem proves to be false or misleading in any to reerial respect when made;or .i Grantee's failure to maintain dr cause its contractors or 5abc0lttrnciOrt:to Maintain the instance oove:ages required under Section 10 hereof or Grudge's failure to furnish Granter with evidence of such instant=as required by said Scctioo;or e. Grantee's l ilee 2 to operate or maintain Grantee's Facility for a period of twelve(12) consecutive mouths. 13. Remedies. Upon the oeeurrenae of an Event of Default;Ciraatot Trey exercise any one or more of the following remedea• a. terminate the Easement and all tights and privileges of Grantee under this Avec nont by written notice to Grantee;or b. take any and all corrective actions Grantor deems necessary or appropriate to cam srcb • default and clraq;e the Cost thereof to Grantee,together with(i)interest thereon at the Corporate Banc Kate then published by Bank One of Chicago(or at the prime roto then published by any oiler money center bank located in Chiesgo)such payment to be made by Grantee upon Granter's presentment ofdnor.0 therefor;or a any other remedy available at law or in egdity an Grantor,including without liantabon specific performance of Grantee's obligations herein. Grantee shall be liable for and shall reimburse Grantor upon demand for ad mesonnme anorney's fees and costs uecurrsd by Grantor in enivrsirg Grantee's obligations under this Agreement,whether or nae Orantuc firer kgai proceedings in connection therewith. No delay or ominion of Greater to exercise toy tight or power arising from aoy defiant shall impair nay such right or power or be construed to be a waiver of any such default or any acquiescoate therein. No waiver of any broach of any of the covenants of this Agreement shall be consnrred,taker, or held to be a waiver of any other breach.or as a waiver,acquiescence in or consent o any*ether or succeeding breach of the sante covenant.the acceptance of payment by Grtwtor of tiny of the fees or charges set math in this Agreement shall not-constitute a caaivar afatay.breach or violation ache arms or conditions of this Agreement, 14. Notices. A11 notices.requests,demands and other cotnmtnicationi hereunder stall bile writing end shall be deemed given if delivered in person or by messenger or sent by U.S.certified mail,return receipt requested..n by a nationally-seeognised overnight owner to the parties at the following addretees(or such substitute addresses as trey be provided by either party lathe-manna described herein): If to Grantor Seim Manager Remi Eater Services-4th P1. 10 May 02 03 02: 1lp NEUMANN HONES West D; v. 630-281 -2176 p. 12 05/02/03 14:0; FAX 630 887 8546 CHIC WO TITLE 0 012 • 0030350510 • Commonwealth Edison Company Three Lincoln Centre Oaktvook Terrace,111ir ods,60681 If in(taetee: City of Elgin Mayor • 150 Dexter Court Elgin,lL 60120-5555 •;uck notices shall be deemed effective when personally delivered,if delivered in person or by messenger,three(3) new following deposit in U.S.mail,if delivered by certified mod,or one day following deposit with a callortally r.cognized oversight courier. 15. Mist isrrc a. Grantee's obligations under Sections 8,9, 11 end 13 hereof shad survive tee expiration yr temtiltatioe ol'this Easement and Grantee's rights and privileges under this Agrecrhent. b. This Agreement and the rights and obligations of the parties hereto chat/be btndir g upon and inure to the'xuefit of the parties and their respective successors,personal representatives and asssigrr; provided,however,that Grantee shall have no right to assign all or any portion of its tight,tide..interest or obhgauon in the Easement or under this Agiteerrnt without the pnor written consent ofG antor,wit en consent may be:rented or withheld by Grantor in itnsole and exclusive discretion. My attempt by Grantee to amigo ail or any portion of its interest hereunder without Grantor's prior written approval shall be void and of no force and effect. The tonne 'miter"and"Grantee"`as used herein we intended to include the partial and their respective legal rrpresentaaves,successors and assigns(as to Grantee each assigns being limited to its pcmitted assigns). c. Upon any transfer or conveyance of the Easement Premises by Grantor,the transferor shell be released from any liability.mdet this Agreement,and the transferee shall be bound by and deemed tr:have assumed the obligations of Grantor arising after the dare of such transfer or ooarcyance. This Agreement constitutes the entice agreement and understeeihng of the parties,and airy ersodea all offers,negotiations and other agreements related thereto. There are no representations or unc:nstarrdittga any ibed related to the subject mater hereof that are not fully set forth herein. Any ante,tdnennt to this Agreement must be in writing and executed by Grantor and Gaatrtee. Grantee agrees to cool!rate with Creator in executing any additional documents reasonably necessary to protect Grantor's tight.under this Agreement. e. This Agreement sha1l be construed in accordance with the laws of the State of Time,:of the essence of this Agreement. f In the event that any governmental or regulatory body or any court of competent jurisdict.on determines that any covenant,rem or condition of this Agreement as applied to any particular facts or c.scumsteuecs is wholly or partially invalid,illegal or=enforceable,such invalidity,illegality or unenfortx ability shall not affect suck covenant,term or condition as applied to other facts or circumstances (unless th..effect of such detemurmtion procludes the application of such covenant,teem or condition to other facts or einnimetances)or the validity,legality or enforceability ofthe other covenants,terms and conditions:if this Agreemene in the event any provision of this Agreement is held to be.invalid,illegal or uric ferceal:+le,the parties that promptly and in good faith negotiate new provisions in substitution therefor to restore tins Agreement to its original intent and effect. Il M 02 03 02: 12p NFl1MRN-1 HOMES West Div. 63:1-281 • 2176 p. 13 05/02/03 14:02 FAX 630 897 8549 _ CHICAGO TITLE I013 • 003035051.0 No receipt of tno.!ey by Granter from Grantee,after the expiration or termination of this Agreement shalt renew,reinstate,c rrtinue or extend The torn of this Agreement. h. By signing this Ag•etment,Grantee affirms and states that it does not have any affiliated interest in Cnmtnonwetlth Edison C.epany. Nothing in this Agreement shall be construed as making:he pasties bosom partners.agents,joint r inturors, members of a joint entcrprise i. This Agreement tea; be executed in one or more co;ntetparts,each of which stall be deemed an original and all orwhich u•to together,stall conslitate one and the same Agreement. j. This Agreement shall'.a escorted fur and on behalf of Grantee pursuant to a resolution of ordinance adoted by its President arc Hoard ofTrrstees.Concurrently with its execution and delivery of this Agreement,°name.shall furnish C laotor with a certified copy of such resolution or ordinance as evidence of the authority herein exercised by Grantee's officers executing this Agreement. k. By signing this Agreetne.t Grantee agrees that Grantor or its public utility successor shall not be assessed for any improvements+o be constructed ptusuaat hereto as a!omit improvement project or otherwise charged forthe cost of,sal nrrynvcruerats. 6. R.egulatot Approval. This Agteem or may be subject to the approval of one or enure resu:Lecey agencies. If this Agreement is subject to such approral,the parties hereto agree to jointly seep such approval. If such approval is not granted by any agency,this Ag:cement shall be void. 12 Mai 02 03 02: 13p 1-UMANN HOMES West Div. 630-281 -2176 p. 14 05:02%03 11:02 FAX 630 997 1516 CHICAGO TITLE [t014 • 00303505'0 N WITNESS WHEREOF,the yarttes hersto have caused this Agreement to be exeswcd by their proper officers thereunto duly authorized as edit day and year flet hereinabove wriren. COMMONWEALTH EDISON COMPANY By. Director*Meal Estate and Fecihtica CITY OF ELCr(Tti MAYO' ATTEST. Yiita a CIe Issue and sena tax bills to: Comndnwealth Edison Three Lincoln Centre Oakbrook Terrace, IL 60181-4260 PINS: O6-17-300-006 06-17-300-008 mmeMroomillemmiltarAllietiOvellWgr VrCamnnmrp,l 4d i C�sgyEMIlmciocuit i=cig Oakbrook TttIDto.tt a,6141 13 May 02 03 02: 131, NEUMANN HOMES West Div. 630-281 -2176 p. 15 05/02/03 13:02 FA,. 1330 Bbl 5516 CHICAGO TITLE 2015 liUSOJ50510 STATE OF ILLII''OIS COUNTY OF CC•3K Is_ I,the==unsigned,a Notary public,in and for the-County and State aforesaid,DO HEREBY CERTIFY, that David S.Ycten cu,personally known to me to he the Director of Real Estate&Facilities of COMMON WEALTI EDISON COMPANY,is the same person whose name is subscribed to the foregoing inattuntent,appeared before me this day in person and acknowledged that he signed and delivered the said instrument,on behalf If said corporation,aethe free and-yob:wary-act and deed of said corporation,for the uses and purposes therein set fc in. oi Giver under n;y hand and official seal,this d7—r day4.tof Zifd ,2003. if 414 Cornrmssion expires: 9/0-4` • w }. SEAL CARL i JAcU$ON SA ' *IMPS MUM 8TAIIt OI alleXt10 STATE OF ILLINOIS • ma Cawutsttront arvaarntoaAasa COUNTY OF COOK ss. vswri.wsys.44tsid 1,the undersigned,a Notary Public,in and for the County and State aforesaid,DO THEREBY CERTIFY, that Edward S c -c _-_,amorally known to mo to be-the Mayor of the City of Elgin,and Dolan/IA Jfa.i um ,personally known to me to be the C).erk Ofsaid City and pcasonaily'mown to me to be the same persons obex names are subscribed t0 the foregoing instrument,appeared before me this day in person and severally acknowledged that as such President and Clerk,they signed and delivered the said instrument, parsuant to authority given by the Beard of Trustees of said Village,pursuant to a resolution or ordinance adopted by said village,for the uses and;surprises therein sat forth. Giver,under my hand an'°Meta;seal,this 29tH day of :ranitary __,2003 i1lb wary Public Commission Expires: JWA2Y1 G STATE OF ILLINOIS "O1•t'ICIAL SEAL" COUNTY OF COOK as. Pu Public.lc. LDSCH Notaryy tatJSlate or alrtlOiC My Cornmiae cn ExpiAs 10127/05 DEVELOPER'S3 NCONDITII yNAL AND IRREVOCABLE GUARANTY OF PA.YMFNI'tl.N0 PERFORMANCE Neumann Homes Inc,an lllitrois Corpotart e,4355 Weaver Parkway.,Warrenvitle,Illinois 60555,("Descloper) hereby unconditionally and irrevocably guara:tees to and for die benefit of COMMONWEALTh EDISON COMPANY,en Illinois coiporatton,("Granto ").the payment of all slant as and wh.n due from the City of Elgin, an Illinois mtmitrpal corpJrauun,("Grantee"), .elder the foregoing SANITARY SEWER EASEMENT and the full 14 May 02 03 O2: 14p NEUMANN HOMES Lest Div. 630-281 -2176 p. 16 05/02/03 13!03 FAX 830 997 8546 CHICAGO TITLE 1016 o03035O5i0 and faithful performance of all obligations of Gnome tinder the foregoing Easement,including without limitation the installation of Gnome's Facility in accordance with the terms and conditions of the foregoing Easement. Mrs yuannty shtU expire on the date of Grantee's acceptance of title to Grantee's Facility,as evidenced by Developer's delivery tJ Grantor of evidence reasonably acceptable to Grantor that Developer:tae delivered and Grantee has accepted title to Grantee':t Facility, By //2-7___611a Principal By L Ys•a41 / 1IvA )1 Title tf DATE ACCEPTED. Z/I¢�b� 15 Mai 02 03 02: 14p NEUMFINH HOMES West D::.v. U30-281 -2178 p. I? 05.02/03 14'03 FAX 630 497 8546 CHICAGO TITLE ft 317 ta0303505i0 EuraT-A A panel of land in the Southwest quarter of Section seventeen(17),Township forty-one ($1)North,Range nine(9)East of the Third Principal Meridian,bounded and described a. follows:beginning ata point in the North tine of the Southwest quarter of said Section, N itch point is ow:thousand three hundred thirty and sixty-nine hundredths(1,330.69) feet East of the Northwest corner of the Southwest quarter of said section;thence West along the North line of said Southwest quarter,forty-six and Hine tenths(46.9)feet; these South one thousand one hundred thirty-seven and eighteen-hundredths(1,137.18) feet.thence North sixty-three and one-quarter degrees(631/4°)Fast,two hundred thirty and Twelve hundt the(230.12)feet;thence Northwesterly one thousand twelve and eights-five hundredths(1,012.85)feetto a pointwhicb is thirty-rive(35)feet South of the point of beginning and ore thousand three hundred thirty and sixty-nine hundredths (1,330 69)feet East of the West section line of said section;thence North to the place of begins ng. Ma 02 03 02: 15p NEUMANN HUMES West Div. 630-281 -2178 p. 1 8 05,02/03 14:03 FAX 830 897 8548 CH I CAGO TITLE Z 016 . . • . rIIIIIII!.•••••••••evaa. AD= 0' . • • . , . a. ,.." .. "'•-•-•... • '''' ' ...art •.-"••- . I S. . • . ....., Villic",.., • ,..... IL ...._ .-• ".. k • . . n‹\ ' -ar•--- • . • , 4..., INF .. • \ nl „ 4,...,- --- . ...,..-...., . . -‘. :,••ri 4 ' "-, - n-L-a • ,„,, Ale) P/16.1Cf jjni .••• .e -•• or I:m-1- Iiii; ,.. .. ... ..'" . . r e 8). 1 • . r 1 IIIIIIrirAk is . , ., ..„ . 1 ki r 1 1................. • ‘ graira.14Z • • - • '..•1 r.'' IWIIMII r., st ie., . _,... , mom - • • . , 1 .....' ‘00 . • _,. .f.‘,• .... I• • ' k•L EL.L-321--- 155, I _ eel: . .. . .. . •• . . . • • • ' • . . '. • .. • . • • . • Me + - 1 t ':•"\:....\ -1. . . •\ .. • .. . Is. • • ..›•1' , • • • • ••:' . • , u.,. . • . • ..A • WIIII • • ' • • . . . • . . . . - • 913311LEM • .• . ' •, • wA e.NI ' . • • . II . 1 . ..i. . . . : •:. . - . : :'' L ti;. t . I . .0,1c14 tarmsoyere re. • • • . . .. •. . . . . • ea marr.m.s • . . • • -----usara----- . ri 5,_________...simf......:._....7,_ • ..._,. ___r A V r W.'.-'---,-- Gt. It 0 G .1 N A . ''. .: mumo .1 . . ±..________:__ _ ------ ._... . . • 11111001.1411161.L11. OW-1w • . MOMS • SWIM 41111111_,• _. . •' •' lrakrilStirl_i i . "0.11.0.1111.11.1•1•1•....M••••••••••, .........=••••••• ::ftrom.. a iiileale lige,allielaiinb,iiiSabiri•am-ikarm-mr,1,-* .__ • • . • May 02 03 02: 16p NEUMANN HOM•-S West. Div. 630-281 -21'76 p. 19 05_02/03 14:03 FAX 830 807 8538 CHICAGO TITLE Z 019 • U020.3505a.0 . • •`. A� I:Ma 11tYt Ytttw W -....--‘:..-- '...S.%:•%...\ VA i-,0 4-:-44,Ill* . . . ' 14.16.11"6-1411 71 RZ y.,Alk • •�- ;:44.144.S.:0• \ -\ li�"'yf • ' ' howl thaw 0er-3118 _..„.4444,1,, .s :'.w/Ila, C • -.4..,.. v.▪ /., a-'-i ,1iy-!)„.'r‘:. _ - . lo .a.....WU', i , ie a-'e -. Ey.. ,• _ r P S .11110 MO Ng lia aMli 4// ,�If l• ir se•,ff✓r.r�r��.�y... _4. 1`” Y 'WPMS OisSEMIS0 wawa Ildir WO t Wt ,��a-���,f;;. !':....41Z.;."---"••••• _`." rY 7.�. n' ', aw4 action.1 wit @I'M . 13 . ZIP 5..--',-',%.;--; :-/- �' JAN .G 3 200,1 • . CITY OF ELGIN• • ENGINEERING DEPT. • • _ 101111 • „ 4 �. .1 - r • C49Np+ 1PIPC brim — AUG4ti ,ii...,/,.„._ll::Ir4•_,..1"1_•._._1I r_.___..ia. mow, • • • '9faR . . . #• •. ' • _ ' • I• .,. •• . "• . ' . . ., v ,•. ,ip.,,,. 1 .. . ' • . • raa.t; PL7IIXIC SWIM'COIXPAKT 14.0.1f.